440
State of Alaska and who is not a domiciled resident
of the locality shall receive meals and lodging.
‘‘(2) LODGING.—The lodging under paragraph
(1) shall be in accordance with section 1910.142 of
title 29, Code of Federal Regulations (relating to
temporary labor camp requirements).
‘‘(3) PER DIEM.—
‘‘(A) IN
GENERAL.—Contractors are en-
couraged to use commercial facilities and lodges
on remote projects, but, if such facilities are not
available, per diem in lieu of room and lodging
may be paid on remote Federal highway
projects at a basic rate of $75.00 per day or
part thereof the worker is employed on the
project. If the contractor provides or furnishes
room and lodging or pays a per diem, the cost
of the amount shall not be considered a part of
wages, but shall be excluded therefrom.
‘‘(B) SECRETARY
OF
LABOR.—Such per
diem rate shall be adopted by the Secretary of
Labor for all applicable remote Federal highway
projects in Alaska.
‘‘(C) EXCEPTION.—Per diem shall not be
allowed on any of the following remote projects
441
for the construction of a highway or portion of
a highway located on a Federal-aid system:
‘‘(i) West of Livengood on the Elliot
Highway.
‘‘(ii) Mile 0 on the Dalton Highway to
the North Slope of Alaska; north of Mile
20 on the Taylor Highway.
‘‘(iii) East of Chicken on the Top of
the World Highway and south of Tetlin
Junction to the Alaska Canadian border.
‘‘(4) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply:
‘‘(A) REMOTE.—The term ‘remote’, as
used with respect to a project, means that the
project is 65 miles or more from the United
States Post Office in either Fairbanks or An-
chorage, Alaska, or is inaccessible by road in a
2-wheel drive vehicle.
‘‘(B) RESIDENT.—The term ‘resident’, as
used with respect to a project, means a person
living within 65 miles of the midpoint of the
project for at least 12 consecutive months prior
to the award of the project.’’.
442
SEC. 
1810. 
GRANT 
PROGRAM 
TO 
PROHIBIT 
RACIAL
PROFILING.
(a) GRANTS.—Subject to the requirements of this
section, the Secretary shall make grants to a State that—
(1)(A) has enacted and is enforcing a law that
prohibits the use of racial profiling in the enforce-
ment of State laws regulating the use of Federal-aid
highways; and
(B) is maintaining and allows public inspection
of statistical information for each motor vehicle stop
made by a law enforcement officer on a Federal-aid
highway in the State regarding the race and eth-
nicity of the driver and any passengers; or
(2) provides assurances satisfactory to the Sec-
retary that the State is undertaking activities to
comply with the requirements of paragraph (1).
(b) ELIGIBLE ACTIVITIES.—A grant received by a
State under subsection (a) shall be used by the State—
(1) in the case of a State eligible under sub-
section (a)(1), for costs of—
(A) collecting and maintaining of data on
traffic stops;
(B) evaluating the results of the data; and
(C) developing and implementing programs
to reduce the occurrence of racial profiling, in-
443
cluding programs to train law enforcement offi-
cers; and
(2) in the case of a State eligible under sub-
section (a)(2), for costs of—
(A) activities to comply with the require-
ments of subsection (a)(1); and
(B) any eligible activity under paragraph
(1).
(c) RACIAL PROFILING.—To meet the requirement of
subsection (a)(1), a State law shall prohibit, in the en-
forcement of State laws regulating the use of Federal-aid
highways, a State or local law enforcement officer from
using the race or ethnicity of the driver or passengers to
any degree in making routine or spontaneous law enforce-
ment decisions, such as ordinary traffic stops on Federal-
aid highways. Nothing in this subsection shall alter the
manner in which a State or local law enforcement officer
considers race or ethnicity whenever there is trustworthy
information, relevant to the locality or time frame, that
links persons of a particular race or ethnicity to an identi-
fied criminal incident, scheme, or organization.
(d) LIMITATIONS.—
(1) MAXIMUM AMOUNT OF GRANTS.—The total
amount of grants received by a State under this sec-
tion in a fiscal year may not exceed 5 percent of the
444
amount made available to carry out this section in
the fiscal year.
(2) ELIGIBILITY.—A State may not receive a
grant under subsection (a)(2) in more than 2 fiscal
years.
(e) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There is authorized to be
appropriated from the Highway Trust Fund (other
than the Mass Transit Account) to carry out this
section $10,000,000 for each of fiscal years 2005
through 2009.
(2) CONTRACT AUTHORITY.—Funds authorized
by this subsection shall be available for obligation in
the same manner as if the funds were apportioned
under chapter 1 of title 23, United States Code, ex-
cept the Federal share of the cost of activities car-
ried out using such funds shall be 100 percent, and
such funds shall remain available until expended and
shall not be transferable.
SEC. 1811. AMERICA’S BYWAYS RESOURCE CENTER.
(a) IN GENERAL.—The Secretary shall allocate funds
made available to carry out this section to the America’s
Byways Resource Center established pursuant to section
1215(b)(1) of the Transportation Equity Act for the 21st
Century (112 Stat. 209).
445
(b) TECHNICAL SUPPORT AND EDUCATION.—
(1) USE
OF
FUNDS.—The Center shall use
funds allocated to the Center under this section to
continue to provide technical support and conduct
educational activities for the national scenic byways
program established under section 162 of title 23,
United States Code.
(2) ELIGIBLE ACTIVITIES.—Technical support
and educational activities carried out under this sub-
section shall provide local officials and organizations
associated with National Scenic Byways and All-
American Roads with proactive, technical, and on-
site customized assistance, including training, com-
munications (including a public awareness series),
publications, conferences, on-site meetings, and
other assistance considered appropriate to develop
and sustain such byways and roads.
(c) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated out of the Highway Trust
Fund (other than the Mass Transit Account) to carry out
this section $3,500,000 for each of fiscal years 2004
through 2009.
(d) APPLICABILITY OF TITLE 23.—Funds authorized
by this section shall be available for obligation in the same
manner as if such funds were apportioned under chapter
446
1 of title 23, United States Code; except that the Federal
share of the cost of any project or activity carried out
under this section shall be 100 percent and such funds
shall remain available until expended and shall not be
transferable.
SEC. 1812. TECHNICAL ADJUSTMENT.
(a) IN GENERAL.—The donee of the vessel with the
Unit Identification Code number 13862 is deemed to be
the owner of that vessel free and clear as of September
1, 2000.
(b) FEDERAL CLAIMS.—All Federal claims arising
from the donation or use of the vessel described in sub-
section (a) are permanently extinguished.
SEC. 1813. ROAD USER CHARGE EVALUATION PILOT
PROJECT.
(a) IN GENERAL.—The Secretary shall carry out a
national evaluation pilot project to assess how intelligent
transportation system technology can be applied to assess
mileage-based road user charges for the purposes of col-
lecting revenues for the Highway Trust Fund.
(b) MATTERS TO BE EVALUATED.—The following
matters shall be evaluated under the pilot project:
(1) Technical feasibility of imposing mileage-
based road user charges, including cost, reliability,
447
and security of on-board and intelligent transpor-
tation systems.
(2) Compatibility of technology for imposing
such charges with automobile and truck design.
(3) Design and testing of a collection system
for such charges that is secure, low cost, and easy
to use.
(4) Methods of ensuring privacy of road users
and assessing public attitudes and views of motorists
who participate in field tests of the equipment and
system.
(c) REPORTS.—The Secretary shall transmit annual
reports on the status of the pilot project and, not later
than June 30, 2009, a final report on the results of the
pilot project, together with findings and recommendations,
to the Secretary of the Treasury, the Committee on Trans-
portation and Infrastructure and the Committee on Ways
and Means of the House of Representatives, and the Com-
mittee on Environment and Public Works and the Com-
mittee on Finance of the Senate.
(d) AUTHORIZATION OF APPROPRIATION.—
(1) IN GENERAL.—There is authorize from the
Highway Trust Fund (other than the Mass Transit
Account) to carry out this section $1,000,000 for
448
each of fiscal years 2005 and 2006 and $3,500,000
for each of fiscal years 2007, 2008, and 2009.
(2) CONTRACT AUTHORITY.—Funds authorized
under this subsection shall be available for obligation
in the same manner as if the funds were apportioned
under chapter 1 of title 23, United States Code; ex-
cept the Federal share of the cost of the pilot project
shall be 100 percent, and such funds shall remain
available until expended and shall not be transfer-
able.
SEC. 1814. THOMAS P. ‘‘TIP’’ O’NEILL, JR. TUNNEL.
(a) DESIGNATION.—In honor of his service to the
Commonwealth of Massachusetts and the United States
of America, and in recognition of his contributions toward
the construction of Central Artery project in Boston, the
northbound and southbound tunnel of Interstate Route
93, located in the city of Boston, which extends north of
the intersection of Interstate Route 90 and Interstate
Route 93 to the Leonard P. Zakim Bunker Hill Bridge,
is designated as the ‘‘Thomas P. ‘Tip’ O’Neill, Jr. Tun-
nel’’.
(b) REFERENCES.—Any reference in law, map, regu-
lation, document, paper, or other record of the United
States to the tunnel referred to in subsection (a) shall be
449
deemed to be a reference to the ‘‘Thomas P. ‘Tip’ O’Neill,
Jr. Tunnel’’.
SEC. 1815. CONFORMING AMENDMENT FOR TRANSPOR-
TATION PLANNING SECTIONS.
(a) METROPOLITAN PLANNING.—Section 134 of title
23, United States Code is amended to read as follows:
‘‘§ 134. Metropolitan planning
‘‘Metropolitan transportation planning programs
funded under section 104(f) shall be carried out in accord-
ance with the metropolitan planning provisions of chapter
52, title 49, United States Code.’’.
(b) STATEWIDE PLANNING.—Section 135 of such
title is amended to read as follows:
‘‘§ 135. Statewide planning
‘‘Statewide transportation planning programs funded
under section 104(f) shall be carried out in accordance
with the statewide planning provisions of chapter 52, title
49, United States Code.’’.
SEC. 1816. DISTRIBUTION OF METROPOLITAN PLANNING
FUNDS WITHIN STATES.
Section 104(f)(4) of title 23, United States Code, is
amended by adding at the end the following: ‘‘Such dis-
tribution of funds to metropolitan planning organizations
shall be made within 30 days of the date of receipt of such
funds from the Secretary.’’.
450
SEC. 1817. TREATMENT OF OFF RAMP.
The Harbor Boulevard off ramp from Interstate
Route 405 in Costa Mesa, California, is deemed to satisfy
the requirements of title 23, United States Code, that gov-
ern the approval of the placement of ramps off of a Fed-
eral-aid highway.
SEC. 1818. LOAN FORGIVENESS.
Debt outstanding as of the date of enactment of this
Act for project number Q–DPM–0013(001) carried out
under section 108(c) of title 23, United States Code, is
deemed satisfied.
SEC. 1819. LEAD AGENCY DESIGNATION.
The public entity established under California law in
1989 to acquire rights-of-way in northwestern California
to maintain surface transportation infrastructure is here-
by designated as the lead agency for the purpose of accept-
ing Federal funds authorized under item 13 of the table
contained in section 1108(b) of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2061).
SEC. 1820. USE OF DEBRIS FROM DEMOLISHED BRIDGES
AND OVERPASSES.
The project agreement for a Federal-aid highway
project shall provide that any debris from demolition of
a bridge or overpass that is on the Federal-aid highway
must be made available for beneficial public use by Fed-
eral, State, and local governments. Any additional cost as-
451
sociated with making available the debris shall be borne
by the recipient of the debris.
SEC. 1821. HUBZONE PROGRAM.
Section 3(p)(4)(B)(ii) of the Small Business Act (15
U.S.C. 632(p)(4)(B)(ii)) is amended—
(1) in subclause (I) by striking ‘‘or’’ at the end;
(2) in subclause (II) by striking the period at
the end and inserting ‘‘; or’’; and
(3) by adding after subclause (II) the following:
‘‘(III) there is located a difficult
development area, as designated by
the Secretary of Housing and Urban
Development in accordance with sec-
tion 42(d)(5)(C)(iii) of the Internal
Revenue Code of 1986, within Alaska,
Hawaii, or any territory or possession
of the United States outside the 48
contiguous States.’’.
SEC. 1822. TECHNICAL AMENDMENTS TO TEA 21 PROJECTS.
The table contained in section 1602 of the Transpor-
tation Equity Act for the 21st Century (112 Stat. 257)
is amended—
(1) in item number 35 by adding ‘‘and for other
related purposes’’ after ‘‘Yard’’;
452
(2) in item number 78 by striking ‘‘Third’’ and
all that follows through ‘‘Bridge’’ and inserting
‘‘Bayview Transportation Improvements Project’’;
(3) in item number 312 by inserting ‘‘through
construction’’ after ‘‘engineering’’;
(4) in item number 566 by striking ‘‘Prunedale
Bypass’’ 
and 
inserting 
‘‘improvements 
to
Prunedale’’;
(5) in item number 744 by striking ‘‘Prelimi-
nary’’ and all that follows through ‘‘Fitchburg’’ and
inserting ‘‘Design, construction or reconstruction,
and right of way acquisition for roadway improve-
ments along the Route 12 corridor in Leominster
and Fitchburg to enhance access from Route 2 to
North Leominster and downtown Fitchburg’’;
(6) in item number 800 by striking ‘‘Fairview
Township’’ and inserting ‘‘or other projects selected
by the York County, Pennsylvania MPO’’;
(7) in item number 820 by striking ‘‘Conduct’’
and all that follows through ‘‘interchange’’ and in-
serting ‘‘Conduct a transportation needs study and
make improvements to I–75 interchanges in the
Grayling area’’;
(8) in item number 897 by striking ‘‘Road up-
grade’’ and all that follows through ‘‘Hills’’ and in-
453
serting ‘‘Engineering and construction of a new ac-
cess road to a development near Interstate 57 and
167th Street in Country Club Hills’’;
(9) in item number 1121 by striking ‘‘Con-
struct’’ and all that follows through ‘‘Douglaston
Parkway’’ and inserting ‘‘Provide landscaping along
both sides of the Grand Central Parkway from
188th Street to 172nd Street’’;
(10) in item 1225 by striking ‘‘Construct SR 9
bypass’’ and inserting ‘‘Study, design, and construct
transportation solutions for SR 9 corridor’’;
(11) in item number 1375 by striking ‘‘Prelimi-
nary’’ and all that follows through ‘‘Emmet County’’
and inserting ‘‘Petoskey area transportation needs
study and trunkline preservation and safety in the
Petoskey area’’;
(12) in item number 1392 by striking ‘‘Con-
struct’’ and all that follows through ‘‘multimodal
center’’ and inserting ‘‘Improve the ramp configura-
tion at the I–476 PA Turnpike Landsdale Inter-
change’’; and
(13) in item number 1447 strike ‘‘Extend’’ and
all that follows through ‘‘Valparaiso’’ and insert
‘‘Design and construction of interchange at I–65
and 109th Avenue, Crown Point’’.
454
SEC. 1823. NATIONAL WORK ZONE SAFETY INFORMATION
CLEARINGHOUSE.
(a) GRANTS.—The Secretary shall make grants for
fiscal years 2005 through 2009 to a national nonprofit
foundation for the operation of the National Work Zone
Safety Information Clearinghouse, authorized by section
358(b)(2) of Public Law 104–59, created for the purpose
of assembling and disseminating, by electronic and other
means, information relating to improvement of roadway
work zone safety.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated out of the Highway Trust
Fund (other than the Mass Transit Account) to carry out
this section $1,000,000 for each of fiscal years 2005
through 2009.
(c) CONTRACT AUTHORITY.—Funds authorized by
this subsection shall be available for obligation in the same
manner as if the funds were apportioned under chapter
1 of title 23, United States Code, except the Federal share
of the cost of activities carried out using such funds shall
be 100 percent, and such funds shall remain available
until expended and shall not be transferable.
SEC. 1824. TRANSPORTATION CONFORMITY.
(a) 
CONFORMITY
REDETERMINATIONS.—Section
176(c)(2) of the Clean Air Act (42 U.S.C. 7506(c)) is
amended by adding at the end the following:
455
‘‘(E) The appropriate metropolitan planning or-
ganization shall redetermine conformity for existing
transportation plans and programs not later than 2
years after the date on which the Administrator—
‘‘(i) finds a motor vehicle emissions budget
in a submitted implementation plan to be ade-
quate in accordance with section 93.118(e)(4)
of title 40, Code of Federal Regulations (as in
effect on October 1, 2003); or
‘‘(ii) approves an implementation plan
under section 110(k) or promulgates an imple-
mentation plan under section 110(c) that estab-
lishes a motor vehicle emissions budget where
there was no prior budget or that establishes a
budget that significantly varies from any motor
vehicle emissions budget in effect pursuant to
an adequacy determination in accordance with
section 93.118(e)(4) of title 40, Code of Fed-
eral Regulations (as in effect on October 1,
2003) or as part of an implementation plan ap-
proved or promulgated under section 110.’’.
(b) FREQUENCY OF CONFORMITY DETERMINATION
UPDATES.—Section 176(c)(4) of the Clean Air Act (42
U.S.C. 7506(c)(4)) is amended follows:
456
(1) In subparagraph (A) by striking ‘‘one year
after the date of enactment of the Clean Air Act
Amendments of 1990’’ and inserting ‘‘one year after
the date of enactment of the Transportation Equity
Act: A Legacy for Users’’.
(2) In subparagraph (B) by amending clause
(ii) to read as follows:
‘‘(ii) provide that conformity determinations for
transportation plans and programs be determined
every 4 years in areas designated as nonattainment
or redesignated to attainment (unless a metropolitan
planning organization as designated in section
5213(b) of title 49, United States Code, elects to up-
date a transportation plan and program more fre-
quently or is required to determine conformity in ac-
cordance with paragraph (2)(E)).’’.
(c) TIME HORIZON FOR CONFORMITY DETERMINA-
TIONS IN NONATTAINMENT AREAS.—Subsection (c) of
section 176 of the Clean Air Act (42 U.S.C. 7506(c)) is
amended by adding the following new paragraph at the
end thereof:
‘‘(7) TIME HORIZON FOR DETERMINATIONS.—
Each conformity determination required under this
section for a transportation plan under section
5213(g) of title 49 of the United States Code shall
457
require a demonstration of conformity during the pe-
riod ending on either the final year of the transpor-
tation plan or, at the election of the metropolitan
planning organization and an air pollution control
agency, as defined in section 302(b), if such air pol-
lution control agency is responsible for developing
plans or controlling air pollution within the area cov-
ered by the transportation plan on the later of the
following dates (hereinafter in this paragraph re-
ferred to as the ‘final transportation conformity
date’):
‘‘(A) The tenth year of the transportation
plan.
‘‘(B) The attainment date set forth in the
applicable implementation plan for the air pol-
lutant concerned.
‘‘(C) The year after the completion of a re-
gionally significant project, if the project will be
programmed in the transportation improvement
program or requires approval before the subse-
quent conformity determination.
Such conformity determination shall be accompanied
by a regional emissions analysis for any years of the
transportation plan that extend beyond such final
conformity date. In the case in which an area has
458
a revision to an implementation plan under section
175A(b) and the Administrator has found the motor
vehicle emissions budgets from that revision to be
adequate in accordance with section 93.118(e)(4) of
title 40, Code of Federal Regulations (as in effect
October 1, 2003), or has approved the revision, the
demonstration of conformity (at the election of the
metropolitan planning organization and an air pollu-
tion control agency, as defined in section 302(b), if
such air pollution control agency is responsible for
developing plans or controlling pollution within the
area covered by the transportation plan) and the
metropolitan planning organization shall be required
to extend only through the last year of the imple-
mentation plan required under section 175A(b).’’.
(d) SUBSTITUTION OF TRANSPORTATION CONTROL
MEASURES.—Subsection 176(c) of the Clean Air Act (42
U.S.C. 7506(c)) is amended by adding at the end the end
the following new paragraph:
‘‘(8)(A) Transportation control measures that
are specified in an implementation plan may be re-
placed in the implementation plan with substitute
transportation control measures if—
‘‘(i) the substitute measures achieve equiv-
alent or greater emission reductions than the
459
control measures to be replaced, as determined
by the Administrator;
‘‘(ii) the substitute measures utilize an
emissions impact analysis that is consistent
with the current methodology used for evalu-
ating replaced control measures in the imple-
mentation plan;
‘‘(iii) the substitute control measures are
implemented not later than the date on which
such emission reductions are necessary to
achieve the purpose of the implementation plan;
‘‘(iv) the substitute control measures were
developed with reasonable public notice and the
opportunity for comments; and
‘‘(v) the metropolitan planning organiza-
tion finds that adequate funding is included in
the transportation improvement program to en-
sure timely implementation of the substitute
control measures.
‘‘(B) After the requirements of subparagraph
(A) are met, a State may adopt the substitute meas-
ures in the applicable implementation plan within a
reasonable period of time.
‘‘(C) The substitution of a transportation con-
trol measure in accordance with this paragraph shall
460
not be contingent on the existence of any provision
in the applicable implementation plan that expressly
permits such substitution.
‘‘(D) The substitution of a transportation con-
trol measure in accordance with this paragraph shall
not require—
‘‘(i) a new conformity determination for
the transportation plan, or
‘‘(ii) a revision of the applicable implemen-
tation plan.
‘‘(E) A control measure that is being replaced
by a substitute control measure under this para-
graph shall remain in effect until the substitute con-
trol measure is adopted.
‘‘(F) Adoption of a substitute control measure
shall constitute rescission of the previously applica-
ble control measure.
Transportation control measures may be added to an im-
plementation plan subject to subparagraphs (B), (C), and
(D), on the same basis as if such measures were substitute
transportation control measures if such measures do not
increase emissions for which limitations have been estab-
lished in an implementation plan, and such measures meet
the requirements of clauses (ii), (iii), (iv), and (v) of sub-
paragraph (A).’’.
461
(e) LAPSE OF CONFORMITY.—Subsection (c) of sec-
tion 176 of the Clean Air Act (42 U.S.C. 7506(c)) is
amended by adding the following new paragraphs at the
end thereof:
‘‘(9) LAPSE OF CONFORMITY.—If a conformity
determination required under this subsection for a
transportation plan under section 5213(g) of title 49
of the United States Code or a transportation im-
provement program under section 5213(h) of title 49
of the United States Code is not made by the appli-
cable deadline and such failure is not corrected by
additional measures to either reduce motor vehicle
emissions sufficient to demonstrate compliance with
the requirements of this subsection within 12
months after such deadline or other measures suffi-
cient to correct such failures, the transportation
plan shall lapse.
‘‘(10) LAPSE.—The term ‘lapse’ means that the
conformity determination for a transportation plan
or transportation improvement program has expired,
and thus there is no currently conforming transpor-
tation plan or transportation improvement pro-
gram.’’.
462
SEC. 1825. ELIGIBILITY TO PARTICIPATE IN WESTERN
ALASKA COMMUNITY DEVELOPMENT QUOTA
PROGRAM.
A community is deemed to be eligible to participate
in the western Alaska community development quota pro-
gram established under section 305(i) of the Magnuson-
Stevens Fishery Conservation and Management Act (16
U.S.C. 1855(i)) if the community—
(1) is listed in table 7 to part 679 of title 50,
Code of Federal Regulations, as in effect on March
8, 2004; or
(2) was determined to be eligible participate in
such program by the National Marine Fisheries
Service on April 19, 1999.
SEC. 1826. METROPOLITAN REGIONAL FREIGHT AND PAS-
SENGER TRANSPORTATION STUDY.
(a) IN GENERAL.—The Secretary shall enter into an
agreement with a partnership comprised of 2 institutions
of higher learning to study metropolitan regional freight
and passenger transportation and system-wide perform-
ance utilizing an interdisciplinary technique of supply
chain management, geographic information systems, and
urban/suburban planning and management.
(b) CONTENTS OF STUDY.—The study under this
section shall include, at a minimum, evaluations of—
463
(1) best practices for regional transportation
operations and management;
(2) relationships among truck trip generation
and economic activities;
(3) spatial analysis of the distribution of eco-
nomic activity and transportation investments;
(4) congestion mitigation and management of
air quality through the concentration of modeling
and technology;
(5) supply chain management and geographic
information systems; and
(6) infrastructure management and renewal.
(c) FEDERAL SHARE.—The Federal share of the cost
of the study under this section shall be 100 percent.
(d) FUNDING.—Of the amounts made available to
carry out section 1305 for each of fiscal years 2005
through 2009, $1,800,000 shall be made available to carry
out this section.
SEC. 1827. INTERMODAL TRANSPORTATION FACILITY EX-
PANSION.
Any Federal and non-Federal share provided for the
Port of Anchorage for an intermodal transportation ma-
rine facility or for access to that facility shall be trans-
ferred to and administered by the Administrator of the
Maritime Administration.
464
SEC. 1828. ADVANCED TRUCK STOP ELECTRIFICATION SYS-
TEM.
(a) DEFINITION.—Section 101(a) of title 23, United
States Code, as amended by section 1202 of this Act, is
further amended by adding at the end the following:
‘‘(40) ADVANCED
TRUCK
STOP
ELECTRIFICA-
TION SYSTEM.—The term ‘advanced truck stop elec-
trification system’ means a stationary system that
delivers heat, air conditioning, electricity, and com-
munications, and is capable of providing verifiable
evidence of use of those services, to a heavy-duty ve-
hicle and any occupants of the heavy-duty vehicle
without relying on components mounted onboard the
heavy-duty vehicle for delivery of those services.’’.
(b) ELIGIBILITY UNDER STP.—Section 133(b)(6) of
such title is amended by inserting ‘‘, including advanced
truck stop electrification systems’’ before the period at the
end.
SEC. 1829. TECHNOLOGY.
States are encouraged to consider using a non-de-
structive technology able to detect cracks including sub-
surface flaws as small as 0.005 inches in length or depth
in steel bridges.
465
SEC. 1830. EXTENSION OF PUBLIC TRANSIT VEHICLE EX-
EMPTION 
FROM 
AXLE 
WEIGHT 
RESTRIC-
TIONS.
Section 1023(h)(1) of the Intermodal Surface Trans-
portation Efficiency Act of 1991 (23 U.S.C. 127 note; 106
Stat. 1552) is amended by striking ‘‘2005’’ and inserting
‘‘2009’’.
SEC. 1831. MOTORCYCLIST ADVISORY COUNCIL.
(a) IN GENERAL.—The Secretary, acting through the
Administrator of the Federal Highway Administration, in
consultation with the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Sen-
ate, shall appoint a Motorcyclist Advisory Council to co-
ordinate with and advise the Administrator on infrastruc-
ture issues of concern to motorcyclists, including—
(1) barrier design;
(2) road design, construction, and maintenance
practices; and
(3) the architecture and implementation of in-
telligent transportation system technologies.
(b) COMPOSITION.—The Council shall consist of not
more than 10 members of the motorcycling community
with professional expertise in national motorcyclist safety
advocacy, including—
(1) at least—
466
(A) 1 member recommended by a national
motorcyclist association;
(B) 1 member recommended by a national
motorcycle riders foundation;
(C) 1 representative of the National Asso-
ciation of State Motorcycle Safety Administra-
tors;
(D) 2 members of State motorcyclists’ or-
ganizations;
(E) 1 member recommended by a national
organization that represents the builders of
highway infrastructure;
(F) 1 member recommended by a national
association that represents the traffic safety
systems industry; and
(G) 1 member of a national safety organi-
zation; and
(2) at least 1, and not more than 2, motorcy-
clists who are traffic system design engineers or
State transportation department officials.
SEC. 1832. SHARING OF MONETARY RECOVERIES.
Notwithstanding any other provision of law, mone-
tary judgments accruing to the Government from judg-
ments in Federal criminal prosecutions and civil pro-
ceedings pertaining to fraud in Federally funded highway
467
and public transportation projects and programs shall be
treated as follows:
(1) Any amount less than or equal to the single
damages incurred as the result of such fraud shall
be credited to the Federal account from which the
funds for the project or program that is at issue in
the fraud came, except to the extent that such Fed-
eral account has been credited as the result of any
judgment in favor of a grant recipient.
(2) Any amount in excess of the amount cred-
ited pursuant to paragraph (1) shall be shared with
the State or other recipient involved if—
(A) the State or other recipient enters into
a legally binding agreement with the Secretary
to use the funds for a purpose eligible for Fed-
eral assistance under title 23 or chapter 53 of
title 49, United States Code, as the case may
be;
(B) the amount to be shared with the
State or other recipient is determined by the
Attorney General, in consultation with the Sec-
retary; and
(C) the Attorney General, in consultation
with the Secretary, determines that the fraud
did not occur as a result of negligent oversight
468
or actual involvement in the fraud by the State
or other recipient or any senior official of the
State or other recipient.
SEC. 1833. ELIGIBILITY UNDER CMAQ.
Section 149(b)(4) of title 23, United States Code is
amended by inserting ‘‘, including advanced truck stop
electrification systems,’’ after ‘‘facility or program’’.
SEC. 1834. SENSE OF CONGRESS REGARDING BUY AMER-
ICA.
It is the sense of Congress that—
(1) the Buy America test required by section
165 of the Surface Transportation Assistance Act of
1982 (23 U.S.C. 101 note) needs to be applied to
an entire bridge project and not only to component
parts of such project;
(2) the law clearly states that domestic mate-
rials must be used in Federal highway projects un-
less there is a finding that the inclusion of domestic
materials will increase the cost of the overall project
by more than 25 percent;
(3) uncertainty regarding how to apply Buy
America laws for major bridge projects threatens the
domestic bridge industry;
(4) the Nation’s unemployment rate continues
to hover around 5.6 percent, steps are needed to
469
protect American workers and the domestic bridge
building industry; and
(5) the Buy American Act (41 U.S.C. 10a et
seq.) was designed to ensure that, when taxpayer
money is spent on direct Federal Government pro-
curement and infrastructure projects, these expendi-
tures stimulate United States production and job
creation.
SEC. 1835. COMMUNITY ENHANCEMENT STUDY.
(a) IN GENERAL.—The Secretary shall conduct a
study on—
(1) the role of well-designed transportation
projects in—
(A) promoting economic development;
(B) protecting public health, safety and the
environment; and
(C) enhancing the architectural design and
planning of communities; and
(2) the positive economic, cultural, aesthetic,
scenic, architectural, and environmental benefits of
such projects for communities.
(b) CONTENTS.—The study shall address the fol-
lowing:
(1) The degree to which well-designed transpor-
tation projects have positive economic, cultural, aes-
470
thetic, scenic, architectural, and environmental bene-
fits for communities.
(2) The degree to which such projects protect
and contribute to improvements in public health and
safety.
(3) The degree to which such projects use inclu-
sive public participation processes to achieve quicker,
more certain, and better results.
(4) The degree to which positive results are
achieved by linking transportation, design, and the
implementation of community visions for the future.
(5) Facilitating the use of successful models or
best practices in transportation investment or devel-
opment to accomplish each of the following:
(A) Enhancement of community identity.
(B) Protection of public health and safety.
(C) Provision of a variety of choices in
housing, shopping, transportation, employment,
and recreation.
(D) Preservation and enhancement of ex-
isting infrastructure.
(E) Creation of a greater sense of commu-
nity through public involvement.
(c) REPORT.—Not later than September 20, 2006,
the Secretary shall transmit to the Committee on Trans-
471
portation and Infrastructure of the House of Representa-
tives and the Committee on Environment and Public
Works of the Senate a report on the results of the study.
(d) ADMINISTRATION.—To carry out this section, the
Secretary shall make a grant to, or enter into a coopera-
tive agreement or contract with, a national organization
representing architects who have expertise in the design
of a wide range of transportation and infrastructure
projects, which include the design of buildings, public fa-
cilities, and surrounding communities.
(e) AUTHORIZATION.—Of the amounts made avail-
able to carry out section 1221 of the Transportation Eq-
uity Act for the 21st Century (23 U.S.C. 101 note),
$1,000,000 shall be available for each of fiscal year 2005
and fiscal year 2006 to carry out this section; except that
notwithstanding section 1221(e)(2) of such Act, the Fed-
eral share of the cost of the study shall be 100 percent.
SEC. 1836. TRANSPORTATION AND LOCAL WORKFORCE IN-
VESTMENT.
(a) FINDINGS.—Congress finds the following:
(1) Federal-aid highway programs provide State
and local governments and other recipients substan-
tial funds for projects that produce significant em-
ployment and job-training opportunities.
472
(2) Every $1,000,000,000 in Federal infra-
structure investment creates an estimated 47,500
jobs.
(3) Jobs in transportation construction, includ-
ing apprenticeship positions, typically pay more than
twice the minimum wage, and include health and
other benefits.
(4) Transportation projects provide the impetus
for job training and employment opportunities for
low income individuals residing in the area in which
a transportation project is planned.
(5) Transportation projects can offer young
people, particularly those who are economically dis-
advantaged, the opportunity to gain productive em-
ployment.
(6) The Alameda Corridor, a $2,400,000,000
transportation project, is an example of a transpor-
tation project that included a local hiring provision
resulting in a full 30 percent of the project jobs
being filled by locally hired and trained men and
women.
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that Federal transportation projects should facilitate
and encourage the collaboration between interested per-
sons, including State, Federal, and local governments,
473
community colleges, apprentice programs, local high
schools, and other community based organizations that
have an interest in improving the job skills of low-income
individuals, to help leverage scarce training and commu-
nity resources and to help ensure local participation in the
building of transportation projects.
SEC. 1837. SPECIAL RULE FOR FISCAL YEAR 2004.
In any case in which an amount is authorized to be
appropriated, made available, allocated, set aside, taken
down, or subject to an obligation limitation for fiscal year
2004 for a program, project, or activity in any provision
of this title, including an amendment made by this title,
that is different than the amount authorized to be appro-
priated, made available, allocated, set aside, taken down,
or subject to an obligation limitation for fiscal year 2004
for such program, project, or activity in any provision of
the Surface Transportation Extension Act of 2004, Part
V (Public Law 108–310), including any amendment made
by such Act, the amount referred to in such Act shall be
the amount authorized to be appropriated, made available,
allocated, set aside, taken down, or subject to an obliga-
tion limitation.
SEC. 1838. AMO HOUGHTON BYPASS.
(a) FINDINGS.—Congress finds the following:
474
(1) Amo Houghton first served his country
when he volunteered for military service during
World War II and served as a Private First Class
in the United States Marine Corps;
(2) Amo Houghton earned a bachelor’s degree
from Harvard University and a master’s degree
from the Harvard School of Business;
(3) Amo Houghton was Chief Executive Officer
of Corning, Incorporated, before running for Con-
gress and is remembered fondly for his tremendous
efforts to rebuild the City of Corning, New York,
and the Chemung Valley in the aftermath of Hurri-
cane Agnes and the devastating flood of 1972;
(4) Amo Houghton spent his energy and time
at Corning, Incorporated, Congress, and even after
Congress working to build up the economy of the
Southern Tier, Finger Lakes, and Rochester region
of New York;
(5) Amo Houghton worked tirelessly with oth-
ers to fund the building projects that brought New
York State Route 17 to the necessary standards to
be designated as Interstate Route 86;
(6) one of the major projects required to up-
grade New York State Route 17 to Interstate stand-
ards and at the same time eliminate a glaring prob-
475
lem and safety hazard was the construction of the
bypass route around the City of Corning, New York;
(7) Amo Houghton was a champion of many
economic, trade, and health issues during his service
on the Ways and Means Committee of the House of
Representatives, including numerous tax simplifica-
tion measures and successful House and Senate pas-
sage of the Clean Diamond Trade Act (Public Law
108–19) which was signed into law by President
George W. Bush;
(8) Amo Houghton was an active player on the
world stage as a member of the International Rela-
tions Committee of the House of Representatives
through his Chairmanships of the Canada-United
States Interparliamentary Group, the Asia-Pacific
Parliamentary Forum, the Oxford Forum, and the
United States-Japan Economic Agenda Forum and
Vice Chairmanship of the Africa Subcommittee of
the International Relations Committee;
(9) Amo Houghton served in many other capac-
ities for the good of Congress, including his work as
a founding member of the Bipartisan Retreat Com-
mittee of the House of Representatives, the Mem-
bers and Family Room Committee of the House of
476
Representatives, and as Co-Chairman of the Faith
and Politics Institute; and
(10) among his colleagues in Congress, Amo
Houghton will always be remembered as a man of
principle, statesmanship, moderation, bipartisanship,
and civility.
(b) DESIGNATION.—The Secretary of Transportation
shall work with the State of New York to ensure that the
segment of Interstate Route 86 between its interchange
with New York State Route 15 in the vicinity of Painted
Post, New York, and its interchange with New York State
Route 352 in the vicinity of Corning, New York, is known
and designated as the ‘‘Amo Houghton Bypass’’.
SEC. 1839. INCLUSION OF CERTAIN ROUTE SEGMENTS ON
THE INTERSTATE SYSTEM.
Section 1105(e)(5) of the Intermodal Surface Trans-
portation Efficiency Act of 1991 (105 Stat. 2032; 118
Stat. 293) is amended—
(1) in subparagraph (A) by striking ‘‘and sub-
section (c)(45)’’ and inserting ‘‘subsection (c)(45),
and subsection (c)(57)’’; and
(2) by adding the following at the end of sub-
paragraph (B)(i): ‘‘The route referred to in sub-
section (c)(57) is designated as Interstate Route I–
41.’’.
477
SEC. 1840. RESCISSION OF UNOBLIGATED BALANCES.
(a) 
IN
GENERAL.—On 
September 
30, 
2009,
$12,000,000,000 of the unobligated balances of funds ap-
portioned before such date to the States for the Interstate
maintenance, national highway system, bridge, congestion
mitigation and air quality improvement, surface transpor-
tation (other than the STP set-aside programs), metro-
politan planning, minimum guarantee, Appalachian devel-
opment highway system, recreational trails, safe routes to
school, freight intermodal connectors, coordinated border
infrastructure, high risk rural road, and highway safety
improvement programs, and each of the STP set-aside
programs, is rescinded.
(b) ALLOCATION AMONG STATES.—The Secretary
shall determine each State’s share of the amount to be
rescinded by subsection (a) on September 30, 2009, by
multiplying $12,000,000,000 by the ratio of the aggregate
amount apportioned to such State for fiscal years 2004
through 2009 for all the programs referred to in sub-
section (a) to the aggregate amount apportioned to all
States for such fiscal years for those programs.
(c) CALCULATIONS.—To determine the allocation of
the amount to be rescinded for a State under subsection
(b) among the programs referred to in subsection (a), the
Secretary shall make the following calculations:
478
(1) The Secretary shall multiply such amount
to be rescinded by the ratio that the aggregate
amount of unobligated funds available to the State
on September 30, 2009, for each such program
bears to the aggregate amount of unobligated funds
available to the State on September 30, 2009, for all
such programs.
(2) The Secretary shall multiply such amount
to be rescinded by the ratio that the aggregate of
the amount apportioned to the State for each such
program for fiscal years 2004 through 2009 bears to
the aggregate amount apportioned to the State for
all such programs for fiscal years 2004 through
2009.
(d) ALLOCATION AMONG PROGRAMS.—
(1) IN GENERAL.—The Secretary, in consulta-
tion with the State, shall rescind for the State from
each program referred to in subsection (a) the
amount determined for the program under sub-
section (c)(1).
(2) SPECIAL RULE.—
(A) RESTORATION
OF
FUNDS
FOR
COV-
ERED PROGRAMS.—If the rescission calculated
under subsection (c)(1) for a covered program
exceeds the amount calculated for the covered
479
program under subsection (c)(2), the State
shall immediately restore to the apportionment
account for the covered program from the unob-
ligated balances of programs referred to in sub-
section (a) (other than covered programs) the
amount of funds required so that the net rescis-
sion from the covered program does not exceed
the amount calculated for the covered program
under subsection (c)(2).
(B) TREATMENT OF RESTORED FUNDS.—
Any funds restored under subparagraph (A)
shall be deemed to be the funds that were re-
scinded for the purposes of obligation.
(3) COVERED
PROGRAM
DEFINED.—In para-
graph (2), the term ‘‘covered program’’ means a
program authorized under sections 130 and 152 of
title 23, United States Code, paragraph (1), (2), or
(3) of section 133(d) of that title, section 144 of
that title, section 149 of that title, or section
1121(a) of this Act.
(e) TREATMENT OF SAFETY PROGRAMS.—In making
calculations under subsections (c)(1), (c)(2), and (d)(2),
the Secretary shall treat the STP set-aside program for
safety programs and the highway safety improvement pro-
gram as a single program.
480
(f) STP SET-ASIDE PROGRAM DEFINED.—In this
section, the term ‘‘STP set-aside program’’ means the
amount set aside under section 133(d) of title 23, United
States Code, for each of the safety programs, transpor-
tation enhancement activities, and division between urban-
ized areas of over 200,000 population and other areas.
SEC. 1841. TRANSPORTATION DEVELOPMENT CREDITS.
Section 120(j)(1) of title 23, United States Code, is
amended—
(1) by striking ‘‘A State’’ and inserting the fol-
lowing:
‘‘(A) IN GENERAL.—A State’’; and
(2) by striking the last sentence and inserting
the following:
‘‘(B) SPECIAL RULE FOR USE OF FEDERAL
FUNDS.—If the public, quasi-public, or private
agency has built, improved, or maintained the
facility using Federal funds, the credit under
this paragraph shall be reduced by a percentage
equal to the percentage of the total cost of
building, improving, or maintaining the facility
that was derived from Federal funds.
‘‘(C) FEDERAL FUNDS DEFINED.—In this
paragraph, the term ‘Federal funds’ does not
include loans of Federal funds or other finan-
481
cial assistance that must be repaid to the Gov-
ernment.’’.
TITLE II—HIGHWAY SAFETY
SEC. 2001. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—The following sums are author-
ized to be appropriated out of the Highway Trust Fund
(other than the Mass Transit Account):
(1) HIGHWAY
SAFETY
PROGRAMS.—For car-
rying out section 402 of title 23, United States
Code, 
$164,027,000 
for 
fiscal 
year 
2004,
$163,680,000 for fiscal year 2005, $229,000,000 for
fiscal year 2006, $232,000,000 for fiscal year 2007,
$238,000,000 
for 
fiscal 
year 
2008, 
and
$245,000,000 for fiscal year 2009.
(2) 
OCCUPANT
PROTECTION
INCENTIVE
GRANTS.—For carrying out section 405 of title 23,
United States Code, $19,882,000 for fiscal year
2004, 
$19,840,000 
for 
fiscal 
year 
2005,
$136,000,000 for fiscal year 2006, $139,000,000 for
fiscal year 2007, $143,000,000 for fiscal year 2008,
and $150,000,000 for fiscal year 2009.
(3) ALCOHOL-IMPAIRED
DRIVING
COUNTER-
MEASURES INCENTIVE GRANT PROGRAM.—For car-
rying out section 410 of title 23, United States
Code, 
$39,764,000 
for 
fiscal 
year 
2004,
482
$39,680,000 for fiscal year 2005, $129,000,000 for
fiscal year 2006, $133,000,000 for fiscal year 2007,
$138,000,000 
for 
fiscal 
year 
2008, 
and
$144,000,000 for fiscal year 2009.
(4) STATE TRAFFIC SAFETY INFORMATION IM-
PROVEMENTS.—For carrying out section 412 of title
23, United States Code, $30,000,000 for fiscal year
2006, 
$35,000,000 
for 
fiscal 
year 
2007,
$40,000,000 for fiscal year 2008, and $40,000,000
for fiscal year 2009.
(5) NATIONAL
DRIVER
REGISTER.—For car-
rying out chapter 303 of title 49, United States
Code, by the National Highway Traffic Safety Ad-
ministration, $3,976,000 for fiscal year 2004,
$3,968,000 for fiscal year 2005, and $4,000,000 for
each of fiscal years 2006 through 2009.
(6) HIGH
VISIBILITY
ENFORCEMENT
PRO-
GRAM.—For carrying out section 2005 of this title,
$15,000,000 for each of fiscal years 2006 through
2009.
(b) APPLICABILITY OF TITLE 23.—Except as other-
wise provided in chapter 4 of title 23, United States Code,
and this title, amounts made available under subsection
(a) for each of fiscal years 2004 through 2009 shall be
available for obligation in the same manner as if such
483
funds were apportioned under chapter 1 of title 23, United
States Code.
(c) TRANSFERS.—In each fiscal year, the Secretary
may transfer any amounts remaining available under
paragraph (2), (3), or (4) of subsection (a) to the amounts
made available under any other of such paragraphs in
order to ensure, to the maximum extent possible, that each
State receives the maximum incentive funding for which
the State is eligible under sections 405, 410, and 412 of
title 23, United States Code.
SEC. 2002. OCCUPANT PROTECTION INCENTIVE GRANTS.
(a) GENERAL AUTHORITY.—Section 405(a) of title
23, United States Code, is amended—
(1) in paragraph (2) by striking ‘‘Transpor-
tation Equity Act for the 21st Century’’ and insert-
ing ‘‘Transportation Equity Act: A Legacy for
Users’’;
(2) in paragraph (3) by striking ‘‘1997’’ and in-
serting ‘‘2003’’; and
(3) in paragraphs (4)(A), (4)(B), and (4)(C) by
inserting after ‘‘years’’ the following: ‘‘beginning
after September 30, 2003,’’.
(b) GRANT ELIGIBILITY.—Section 405(b) of title 23,
United States Code, is amended by striking ‘‘A State shall
become eligible’’ and inserting the following: ‘‘A State
484
shall be eligible for a grant under this section if the State
has a seat belt usage rate of 85 percent or greater as of
the date of the grant, as determined by the Secretary. A
State shall also become eligible’’.
(c) GRANT AMOUNTS.—Section 405(c) of title 23,
United States Code, is amended—
(1) by striking ‘‘25 percent’’ and inserting ‘‘100
percent’’; and
(2) by striking ‘‘1997’’ and inserting ‘‘2003’’.
SEC. 
2003. 
ALCOHOL-IMPAIRED 
DRIVING 
COUNTER-
MEASURES.
(a) GENERAL AUTHORITY.—Section 410(a) of title
23, United States Code, is amended—
(1) in paragraph (2) by striking ‘‘Transpor-
tation Equity Act for the 21st Century’’ and insert-
ing ‘‘Transportation Equity Act: A Legacy for
Users’’;
(2) in paragraph (3) by striking ‘‘1997’’ and in-
serting ‘‘2003’’; and
(3) in paragraphs (4)(A), (4)(B), and (4)(C) by
inserting after ‘‘years’’ the following: ‘‘beginning
after September 30, 2003,’’.
(b) BASIC GRANT A.—Section 410(b)(1) of title 23,
United States Code, is amended—
485
(1) by striking ‘‘A State shall become eligible’’
and inserting the following: ‘‘A State shall be eligible
for a grant under this paragraph if the State has an
alcohol-related fatality rate per 100,000,000 vehicle
miles traveled of 0.5 or less as of the date of the
grant, as determined by the Secretary using the Fa-
tality Analysis Reporting System of the National
Highway Traffic Safety Administration. A State
shall also become eligible’’;
(2) by striking ‘‘at least 5 of the following’’ and
inserting ‘‘at least 6 of the following for fiscal year
2005 and fiscal year 2006 and at least 7 of the fol-
lowing for each fiscal year thereafter’’;
(3) in subparagraph (A)—
(A) by striking ‘‘and’’ at the end of clause
(i)(II);
(B) by striking the period at the end of
clause (ii) and inserting a semicolon; and
(C) by adding at the end the following:
‘‘(iii) the suspension referred to under
clause (i)(I) may allow an individual to op-
erate a motor vehicle, after the 15-day pe-
riod beginning on the date of the suspen-
sion, to and from employment, school, or
an alcohol treatment program if an igni-
486
tion interlock device is installed on each of
the motor vehicles owned or operated, or
both, by the individual; and
‘‘(iv) the suspension and revocation
referred to under clause (i)(II) may allow
an individual to operate a motor vehicle,
after the 45-day period beginning on the
date of the suspension or revocation, to
and from employment, school, or an alco-
hol treatment program if an ignition inter-
lock device is installed on each of the
motor vehicles owned or operated, or both,
by the individual.’’;
(4) in subparagraph (B)—
(A) by striking ‘‘may include the issuance’’
and inserting the following:
‘‘may include—
‘‘(i) the issuance’’; and
(B) by striking the period at the end and
inserting ‘‘; and’’ and the following:
‘‘(ii) a program provided by a non-
profit organization for training point of
sale personnel concerning, at a minimum,
the following:
‘‘(I) the clinical effects of alcohol;
487
‘‘(II) methods of preventing sec-
ond party sales of alcohol;
‘‘(III) recognizing signs of intoxi-
cation;
‘‘(IV) methods to prevent under-
age drinking;
‘‘(V) Federal, State, and local
laws that are relevant to such per-
sonnel.’’;
(5) by striking subparagraph (F) and inserting
the following:
‘‘(F) OUTREACH
PROGRAM.—A judicial
and prosecutorial education, training, and out-
reach program that provides information on the
appropriateness and effectiveness of sentencing
options.’’; and
(6) by adding at the end the following:
‘‘(H) SELF-SUSTAINING
DRUNK
DRIVING
PREVENTION
PROGRAM.—A 
self-sustaining
drunk driving prevention program under which
a significant portion of the fines or surcharges
collected from individuals apprehended and
fined for operating a motor vehicle while under
the influence of alcohol are returned to those
communities that have comprehensive programs
488
for the prevention of such operations of motor
vehicles.
‘‘(I) PROGRAMS FOR EFFECTIVE ALCOHOL
REHABILITATION.—A program for effective in-
patient and outpatient alcohol rehabilitation
based on mandatory assessment and appro-
priate treatment for repeat offenders described
in subparagraph (A)(i)(II), including a program
of the court system (such as a driving while in-
toxicated court) for the purpose of changing the
behavior of alcohol or drug dependent offenders
arrested for driving while impaired.
‘‘(J) PROGRAM
FOR
THE
IMPOUNDMENT
OF VEHICLES.—A program to impound a vehi-
cle operated by a person who is arrested for op-
erating that vehicle while under the influence of
alcohol.’’.
(c) BASIC GRANT B.—Section 410(b) of title 23,
United States Code, is amended—
(1) by striking paragraph (2) and inserting the
following:
‘‘(2) BASIC GRANT B.—A State shall become el-
igible for a grant under this paragraph if the
State—
489
‘‘(A) has an alcohol-related fatality rate
per 100,000,000 vehicle miles traveled of 0.8 or
more as of the date of the grant, as determined
by the Secretary using the Fatality Analysis
Reporting System of the National Highway
Traffic Safety Administration; and
‘‘(B) establishes, subject to such require-
ments as the Secretary may prescribe, a task
force to evaluate and recommend changes to the
State’s drunk driving programs.’’; and
(2) in paragraph (3)—
(A) by striking ‘‘25 percent’’ and inserting
‘‘100 percent’’; and
(B) by striking ‘‘1997’’ and inserting
‘‘2003’’.
(d) SUPPLEMENTAL GRANTS.—Section 410(c) of title
23, United States Code, is amended to read as follows:
‘‘(c) ALLOCATION FOR BASIC GRANT B.—Not more
than $20,000,000 per fiscal year of amounts made avail-
able to carry out this section shall be available for making
grants under subsection (b)(2).’’.
(e) EFFECTIVE DATE.—The amendments made by
this section shall take effect on September 30, 2005.
490
SEC. 2004. STATE TRAFFIC SAFETY INFORMATION SYSTEM
IMPROVEMENTS.
(a) IN GENERAL.—Chapter 4 of title 23, United
States Code, is amended by adding at the end the fol-
lowing:
‘‘§ 412. State traffic safety information system im-
provements
‘‘(a) GENERAL AUTHORITY.—
‘‘(1) AUTHORITY TO MAKE GRANTS.—Subject
to the requirements of this section, the Secretary
shall make grants to States that adopt and imple-
ment effective programs to—
‘‘(A) improve the timeliness, accuracy,
completeness, uniformity, integration, and ac-
cessibility of the safety data of the State that
is needed to identify priorities for national,
State, and local highway and traffic safety pro-
grams;
‘‘(B) evaluate the effectiveness of efforts to
make such improvements;
‘‘(C) link these State data systems, includ-
ing traffic records, with other data systems
within the State, such as systems that contain
medical, roadway, and economic data; and
‘‘(D) improve the compatibility and inter-
operability of the data systems of the State
491
with national data systems and data systems of
other States and enhance the ability of the Sec-
retary to observe and analyze national trends in
crash occurrences, rates, outcomes, and cir-
cumstances.
‘‘(2) USE
OF
GRANTS.—A State may use a
grant received under this section only to implement
such programs.
‘‘(3) MODEL DATA ELEMENTS.—The Secretary,
in consultation with States and other appropriate
parties, shall determine the model data elements
necessary to observe and analyze State and national
trends in crash occurrences, rates, outcomes, and
circumstances. In order to become eligible for a
grant under this section, a State shall certify to the
Secretary the State’s adoption and use of such
model data elements.
‘‘(4) MAINTENANCE
OF
EFFORT.—No grant
may be made to a State under this section in any
fiscal year unless the State enters into such agree-
ments with the Secretary as the Secretary may re-
quire ensuring that the State will maintain its ag-
gregate expenditures from all other sources for high-
way safety data programs at or above the average
492
level of such expenditures in the 2 fiscal years pre-
ceding the date of enactment of this section.
‘‘(5) FEDERAL SHARE.—The Federal share of
the cost of implementing in a fiscal year a program
of a State pursuant to paragraph (1) shall not ex-
ceed 80 percent.
‘‘(b) FIRST-YEAR GRANTS.—To be eligible for a first-
year grant under this section, a State shall demonstrate
to the satisfaction of the Secretary that the State has—
‘‘(1) established a highway safety data and traf-
fic records coordinating committee with a multidisci-
plinary membership that includes, among others,
managers, collectors, and users of traffic records
and public health and injury control data systems;
and
‘‘(2) developed a multiyear highway safety data
and traffic records system strategic plan that ad-
dresses existing deficiencies in the State’s highway
safety data and traffic records system and is ap-
proved by the highway safety data and traffic
records coordinating committee and—
‘‘(A) specifies how existing deficiencies in
the State’s highway safety data and traffic
records system were identified;
493
‘‘(B) prioritizes, based on the identified
highway safety data and traffic records system
deficiencies, the highway safety data and traffic
records system needs and goals of the State, in-
cluding the activities described in subsection
(a)(1);
‘‘(C) identifies performance-based meas-
ures by which progress toward those goals will
be determined;
‘‘(D) specifies how the grant funds and
any other funds of the State will be used to ad-
dress needs and goals identified in the
multiyear plan; and
‘‘(E) includes a current report on the
progress in implementing the multiyear plan
that documents progress toward the specified
goals.
‘‘(c) SUCCEEDING-YEAR GRANTS.—
‘‘(1) ELIGIBILITY.—A State shall be eligible for
a grant under this section in a fiscal year succeeding
the first fiscal year in which the State receives a
grant under subsection (b) if the State, to the satis-
faction of the Secretary—
494
‘‘(A) submits an updated multiyear plan
that meets the requirements of subsection
(b)(2);
‘‘(B) certifies that its highway safety data
and traffic records coordinating committee con-
tinues to operate and supports the multiyear
plan;
‘‘(C) specifies how the grant funds and any
other funds of the State will be used to address
needs and goals identified in the multiyear plan;
‘‘(D) demonstrates measurable progress to-
ward achieving the goals and objectives identi-
fied in the multiyear plan; and
‘‘(E) includes a current report on the
progress in implementing the multiyear plan.
‘‘(d) GRANT AMOUNTS.—
‘‘(1) IN
GENERAL.—The amount of a grant
made to a State for a fiscal year under this section
shall equal an amount determined by multiplying—
‘‘(A) the amount appropriated to carry out
this section for such fiscal year; by
‘‘(B) the ratio that the funds apportioned
to the State under section 402 for fiscal year
2003 bears to the funds apportioned to all
States under section 402 for fiscal year 2003.
495
‘‘(2) 
MINIMUM
AMOUNT.—Notwithstanding
subparagraph (A)—
‘‘(A) a State eligible for a first-year grant
under this section shall not receive less than
$300,000; and
‘‘(B) a State eligible for a succeeding-year
grant under this section shall not receive less
than $500,000.
‘‘(e) ADMINISTRATIVE EXPENSES.—Funds author-
ized to be appropriated to carry out this section in a fiscal
year shall be subject to a deduction not to exceed 5 percent
for the necessary costs of administering the provisions of
this section.
‘‘(f) APPLICABILITY OF CHAPTER 1.—The provisions
contained in section 402(d) shall apply to this section.’’.
(b) CONFORMING AMENDMENT.—The analysis for
chapter 4 of title 23, United States Code, is amended by
adding at the end the following:
‘‘412. State traffic safety information system improvements.’’.
SEC. 2005. HIGH VISIBILITY ENFORCEMENT PROGRAM.
The Secretary shall establish a program to support
national impaired driving mobilization and enforcement ef-
forts and national safety belt mobilization and enforce-
ment, including the purchase of national paid advertise-
ment (including production and placement) to support
such efforts.
496
SEC. 2006. MOTORCYCLE CRASH CAUSATION STUDY.
(a) IN GENERAL.—Using funds made available to
carry out section 403 of title 23, United States Code, the
Secretary shall conduct a study of the causes of motorcycle
crashes.
(b) REPORT.—Not later than 3 years after the date
of enactment of this Act, the Secretary shall transmit to
Congress a report on the results of the study.
SEC. 2007. CHILD SAFETY AND CHILD BOOSTER SEAT IN-
CENTIVE GRANTS.
(a) GENERAL AUTHORITY.—Subject to the require-
ments of this section, the Secretary shall make grants to
States that enact or have enacted and are enforcing a law
requiring that children riding in passenger motor vehicles
who are too large to be secured in a child safety seat be
secured in a child restraint that meets the requirements
prescribed by the Secretary under section 3 of Anton’s
Law (116 Stat. 2772).
(b) MAINTENANCE OF EFFORT.—No grant may be
made to a State under this section in a fiscal year unless
the State enters into such agreements with the Secretary
as the Secretary may require to ensure that the State will
maintain its aggregate expenditures from all other sources
for child safety seat and child booster seat programs at
or above the average level of such expenditures in its 2
fiscal years preceding the date of enactment of this Act.
497
(c) FEDERAL SHARE.—The Federal share of the cost
of implementing and enforcing in a fiscal year a law adopt-
ed by a State under subsection (a) shall not exceed—
(1) for the first 3 fiscal years for which a State
receives a grant under this section, 75 percent; and
(2) for the fourth fiscal year for which a State
receives a grant under this section, 50 percent.
(d) GRANT ELIGIBILITY.—
(1) IN
GENERAL.—A State is eligible for a
grant under this section if the State has in effect
and enforces a law described in subsection (a).
(2) MAXIMUM
PERIOD
OF
ELIGIBILITY.—No
State may receive grants under this section in more
than 4 fiscal years beginning after September 30,
2005.
(e) ELIGIBLE USES OF FUNDS.—A State may use
a grant under this section only to carry out child safety
seat and child booster seat programs, including the fol-
lowing:
(1) A program to educate the public concerning
the proper use and installation of child safety seats
and child booster seats.
(2) A program to train child passenger safety
professionals, police officers, fire and emergency
medical personnel, and educators concerning all as-
498
pects of the use of child safety seats and booster
seats.
(3) A program to purchase and distribute child
safety seats, child booster seats, and other appro-
priate passenger motor vehicle child restraints to
families that cannot otherwise afford such seats or
restraints.
(4) A program to support enforcement of child
restraint laws.
(f) GRANT AMOUNT.—The amount of a grant to a
State for a fiscal year under this section may not exceed
25 percent of the amount apportioned to the State for fis-
cal year 2003 under section 402 of title 23, United States
Code.
(g) ADMINISTRATIVE EXPENSES.—Funds authorized
to be appropriated to carry out this section in a fiscal year
shall be subject to a deduction not to exceed 2.5 percent
for the necessary costs of administering the provisions of
this section.
(h) APPLICABILITY OF CHAPTER 1.—The provisions
contained in section 402(d) of title 23, United States
Code, apply to this section.
(i) REPORT.—Each State to which a grant is made
under this section shall transmit to the Secretary a report
documenting the manner in which grant amounts were ob-
499
ligated and expended and identifying the specific programs
carried out with or supported by grant funds. The report
shall be in a form prescribed by the Secretary and may
be combined with other State grant reporting require-
ments under of chapter 4 of title 23, United States Code.
(j) DEFINITIONS.—In this section, the following defi-
nitions apply:
(1) CHILD RESTRAINT.—The term ‘‘child re-
straint’’ means any product designed to provide re-
straint to a child (including booster seats and other
products used with a lap and shoulder belt assem-
bly) that meets applicable Federal motor vehicle
safety standards prescribed by the National High-
way Traffic Safety Administration.
(2) CHILD
SAFETY
SEAT.—The term ‘‘child
safety seat’’ has the meaning such term has in sec-
tion 405(f) of title 23, United States Code.
(3) PASSENGER
MOTOR
VEHICLE.—The term
‘‘passenger motor vehicle’’ has the meaning such
term has in such section 405(f).
(4) STATE.—The term ‘‘State’’ has the mean-
ing such term has in section 101(a) of such title.
(k) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
from the Highway Trust Fund (other than the Mass Tran-
500
sit Account) $6,000,000 for each of fiscal years 2006
through 2008 and $7,000,000 for fiscal year 2009.
SEC. 2008. MOTORCYCLIST SAFETY.
(a) AUTHORITY TO MAKE GRANTS.—Subject to the
requirements of this section, the Secretary shall make
grants to States that adopt and implement effective pro-
grams to reduce the number of single- and multi-vehicle
crashes involving motorcyclists.
(b) MAINTENANCE OF EFFORT.—No grant may be
made to a State under this section in a fiscal year unless
the State enters into such agreements with the Secretary
as the Secretary may require to ensure that the State will
maintain its aggregate expenditures from all the other
sources for motorcyclist safety training programs and mo-
torcyclist awareness programs at or above the average
level of such expenditures in its 2 fiscal years preceding
the date of enactment of this Act.
(c) MAXIMUM PERIOD OF ELIGIBILITY.—No State
may receive grants under this section in more than 4 fiscal
years beginning after September 30, 2005.
(d) FEDERAL SHARE.—The Federal share of the cost
of implementing and enforcing, as appropriate, in a fiscal
year a program adopted by a State in accordance with
subsection (a) shall not exceed—
501
(1) for the first 3 years for which a State re-
ceives a grant under this section, 75 percent; and
(2) for the fourth fiscal year for which a State
receives a grant under this section, 50 percent.
(e) GRANT ELIGIBILITY.—
(1) IN GENERAL.—A State becomes eligible for
a grant under this section by adopting or dem-
onstrating to the satisfaction of the Secretary—
(A) for the first fiscal year for which the
State will receive a grant under this section, at
least 1 of the 6 criteria listed in paragraph (2);
(B) for the second, third, and fourth fiscal
years for which the State will receive a grant
under this section, at least 2 of the 6 criteria
listed in paragraph (2); and
(C) for any subsequent fiscal years for
which the State will receive a grant under this
section, at least 3 of the 6 criteria listed in
paragraph (2).
(2) CRITERIA.—The criteria for eligibility for a
grant under this section are the following:
(A) 
MOTORCYCLE
RIDER
TRAINING
COURSES.—An effective motorcycle rider train-
ing course that is offered throughout the State,
provides a formal program of instruction in ac-
502
cident avoidance and other safety-oriented oper-
ational skills to motorcyclists, and may include
innovative training opportunities to meet unique
regional needs.
(B) MOTORCYCLISTS
AWARENESS
PRO-
GRAM.—An effective statewide program to en-
hance motorist awareness of the presence of
motorcyclists on or near roadways and safe
driving practices that avoid injuries to motorcy-
clists.
(C) REDUCTION
OF
FATALITIES
AND
CRASHES INVOLVING MOTORCYCLES.—A reduc-
tion for the preceding calendar year in the
number of motorcycle fatalities and the rate of
motor vehicle crashes involving motorcycles in
the State (expressed as a function of 10,000
motorcycle registrations).
(D) IMPAIRED DRIVING PROGRAM.—Imple-
mentation of a statewide program to reduce im-
paired driving, including specific measures to
reduce impaired motorcycle operation.
(E) REDUCTION OF FATALITIES AND ACCI-
DENTS
INVOLVING
IMPAIRED
MOTORCY-
CLISTS.—A reduction for the preceding cal-
endar year in the number of fatalities and the
503
rate of reported crashes involving alcohol- or
drug-impaired motorcycle operators (expressed
as a function of 10,000 motorcycle registra-
tions).
(F) FEES
COLLECTED
FROM
MOTORCY-
CLISTS.—All fees collected by the State from
motorcyclists for the purposes of funding mo-
torcycle training and safety programs are used
for motorcycle training and safety programs.
(f) ELIGIBLE USES.—
(1) IN GENERAL.—A State may use funds from
a grant under this section only for motorcyclist safe-
ty training and motorcyclist awareness programs,
including—
(A) improvements to motorcyclist safety
training curricula;
(B) improvements in program delivery of
motorcycle training to both urban and rural
areas, including—
(i) procurement or repair of practice
motorcycles;
(ii) instructional materials;
(iii) mobile training units; and
504
(iv) leasing or purchase of facilities
for classroom instruction and closed-course
skill training;
(C) measures designed to increase the re-
cruitment or retention of motorcyclist safety
training instructors; and
(D) public awareness, public service an-
nouncements, and other outreach programs to
enhance motorcyclist awareness.
(2) SUBALLOCATIONS OF FUNDS.—An agency
that receives a grant under this section may suballo-
cate funds from the grant to a nonprofit organiza-
tion incorporated in that State to carry out under
this section.
(g) DEFINITIONS.—In this section, the following defi-
nitions apply:
(1) MOTORCYCLIST
SAFETY
TRAINING.—The
term ‘‘motorcyclist safety training’’ means a formal
program of instruction that—
(A) provides accident avoidance and other
safety-oriented operational skills to motorcy-
clists; and
(B) is approved for use in a State by the
designated State authority having jurisdiction
over motorcyclist safety issues.
505
(2) MOTORCYCLIST
AWARENESS.—The term
‘‘motorcyclist awareness’’ means individual or collec-
tive awareness of—
(A) the presence of motorcycles on or near
roadways; and
(B) safe driving practices that avoid injury
to motorcyclists.
(3) MOTORCYCLIST
AWARENESS
PROGRAM.—
The term ‘‘motorcyclist awareness program’’ means
an informational or public awareness program de-
signed to enhance motorcyclist awareness that is de-
veloped by or in coordination with the designated
State authority having jurisdiction over motorcyclist
safety issues.
(4) STATE.—The term ‘‘State’’ has the same
meaning such term has in section 101(a) of title 23,
United States Code.
(h) MAXIMUM GRANT AMOUNT.—The amount of a
grant made to a State for a fiscal year under this section
may not exceed 25 percent of the amount apportioned to
the State for fiscal year 2003 under section 402 of title
23, United States Code.
(i) ADMINISTRATIVE EXPENSES.—Funds authorized
to be appropriated to carry out this section in a fiscal year
shall be subject to a deduction by the Secretary not to
506
exceed 5 percent for the necessary costs of administering
the provisions of this section.
(j) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
from the Highway Trust Fund (other than the Mass Tran-
sit Account) $6,000,000 for each of fiscal years 2006
through 2008 and $7,000,000 for fiscal year 2009.
(k) APPLICABILITY OF TITLE 23.—Funds authorized
under this section shall be available for obligation in the
same manner as if the funds were apportioned under chap-
ter 1 of title 23, United States Code; except that such
funds shall not be transferable.
SEC. 2009. DRIVER FATIGUE.
Section 402(a) of title 23, United States Code, is
amended—
(1) by striking ‘‘and’’ before ‘‘(6)’’; and
(2) by inserting before the period the following:
‘‘; and (7) to reduce deaths and injuries resulting
from persons driving motor vehicles while fatigued’’.
SEC. 2010. AUTHORIZATION OF APPROPRIATIONS FOR
HIGHWAY SAFETY RESEARCH AND DEVELOP-
MENT.
(a) IN GENERAL.—There is authorized to be appro-
priated out of the Highway Trust Fund (other than the
Mass Transit Account) for carrying out section 403 of title
507
23, United States Code, $71,575,000 for fiscal year 2004,
$71,424,000 for fiscal year 2005, and $75,000,000 for
each of fiscal years 2006 through 2009.
(b) APPLICABILITY OF TITLE 23.—Except as other-
wise provided in chapter 4 of title 23, United States Code,
and this title, amounts made available under subsection
(a) for each of fiscal years 2004 through 2009 shall be
available for obligation in the same manner as if such
funds were apportioned under chapter 1 of title 23, United
States Code.
SEC. 2011. SAFETY DATA.
(a) IN GENERAL.—Using funds made available to
carry out section 403 of title 23, United States Code, for
fiscal years 2005 through 2009, the Secretary shall collect
data and compile statistics on accidents involving motor
vehicles being backed up that result in fatalities and inju-
ries and that occur on public and nonpublic roads and res-
idential and commercial driveways and parking facilities.
(b) REPORT.—Not later than January 1, 2009, the
Secretary shall transmit to the Committee on Transpor-
tation and Infrastructure of the House of Representatives
and the Committee on Commerce, Science, and Transpor-
tation of the Senate a report on accidents described in
subsection (a), including the data collected and statistics
compiled under subsection (a) and any recommendations
508
regarding measures to be taken to reduce the number of
such accidents and the resulting fatalities and injuries.
SEC. 2012. DRIVER PERFORMANCE STUDY.
(a) IN GENERAL.—Using funds made available to
carry out section 403 of title 23, United States Code, for
fiscal year 2005, the Secretary shall make $1,000,000
available to conduct a study on the risks associated with
glare to oncoming drivers, including increased risks to
drivers on 2-lane highways, increased risks to drivers over
the age of 50, and the overall effects of glare on driver
performance.
(b) REPORT.—Not later than 18 months after the
date of enactment of this Act, the Secretary shall transmit
to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a
report on the results of the study and any recommenda-
tions regarding measures to reduce the risks associated
with glare to oncoming drivers.
SEC. 2013. DRUG IMPAIRED DRIVING ENFORCEMENT.
(a) SHORT TITLE.—This section may be cited as the
‘‘Drug Impaired Driving Research and Prevention Act’’.
(b) DEFINITIONS.—In this section, the following defi-
nitions apply:
509
(1) 
CONTROLLED
SUBSTANCE.—The 
term
‘‘controlled substance’’ includes substances listed in
schedules I through V of section 112(e) of the Con-
trolled Substances Act (21 U.S.C. 812(e)).
(2) DRUG
RECOGNITION
EXPERT.—The term
‘‘drug recognition expert’’ means an individual
trained in a specific evaluation procedure that en-
ables the person to determine whether an individual
is under the influence of drugs and then to deter-
mine the type of drug causing the observable impair-
ment.
(c) MODEL STATUTE.—
(1) IN GENERAL.—The Secretary shall develop
a model statute for States relating to drug impaired
driving.
(2) 
CONTENTS.—The 
model 
statute 
shall
include—
(A) threshold levels of impairment for a
controlled substance;
(B) practicable methods for detecting the
presence of controlled substances; and
(C) penalties for drug impaired driving.
(3) RECOMMENDATIONS.—The model statute
shall be based on the recommendations contained in
the report submitted under subsection (f).
510
(4) DATE.—The model statute should be pro-
vided to States no later than 1 year after submission
of the report contained in subsection (f).
(d) RESEARCH AND DEVELOPMENT.—Section 403(b)
of title 23, United States Code, is amended by adding at
the end the following:
‘‘(5) New technology to detect drug use.
‘‘(6) Research and development to improve test-
ing technology, including toxicology lab resources
and field test mechanisms to enable States to proc-
ess toxicology evidence in a more timely manner.
‘‘(7) Determining per se unlawful impairment
levels for controlled substances and the compound
effects of alcohol and controlled substances on im-
pairment to facilitate enforcement of per se drug im-
paired driving laws. Research under this paragraph
shall be carried out in collaboration with the Na-
tional Institute on Drug Abuse of the National Insti-
tutes of Health.’’.
(e) DUTIES.—The Administrator of the National
Highway Traffic Safety Administration shall—
(1) advise and coordinate with other Federal
agencies on how to address the problem of driving
under the influence of an illegal drug; and
511
(2) conduct research on the prevention, detec-
tion, and prosecution of driving under the influence
of an illegal drug.
(f) REPORT.—
(1) IN GENERAL.—Not later than 18 months
after the date of enactment of this Act, the National
Institutes of Health shall submit to the Secretary
and to Congress a report on the problem of drug-
impaired driving.
(2) CONTENTS.—The report shall include—
(A) a description of the extent of the prob-
lem of driving under the influence of an illegal
drug in each State and any available informa-
tion relating thereto, including a description of
any laws relating to the problem of driving
under the influence of an illegal drug;
(B) an assessment of the status of drug
impaired driving laws in the United States;
(C) a review of the compound effects of al-
cohol and controlled substances on impairment;
(D) the role of drugs as a causal factor in
traffic crashes;
(E) an assessment of new research and
technologies developed in the area of drug de-
512
tection for drug-impaired driving enforcement,
including noninvasive methods of detection;
(F) recommendations for addressing the
problem of driving under the influence of an il-
legal drug, including recommendations on levels
of impairment;
(G) a State-by-State review of drug rec-
ognition expert programs and recommendations
for enhancing those programs through the
training and utilization of drug recognition ex-
perts; and
(H) recommendations for developing a
model statute relating to drug-impaired driving.
(g) FUNDING.—Out of amounts appropriated to
carry out section 403 of title 23, United States Code, for
fiscal years 2006 through 2009, the Secretary shall use
$1,200,000 per fiscal year to carry out this section.
SEC. 2014. TRANSPORTATION OF SCHOOLCHILDREN.
The third sentence of section 402(a) of title 23,
United States Code, is amended—
(1) by striking ‘‘and’’ before ‘‘(6)’’; and
(2) by inserting before the period at the end the
following: ‘‘, and (7) to prevent use of any motor ve-
hicle designed to transport between 9 and 15 pas-
sengers (including the driver) for the transportation
513
of children to and from school and events related to
school’’.
SEC. 2015. RURAL STATE EMERGENCY MEDICAL SERVICES
OPTIMIZATION PILOT PROGRAM.
(a) IN GENERAL.—From funds made available to
carry out section 403 of title 23, United States Code, for
fiscal year 2006, the Secretary shall make $1,000,000
available to conduct a pilot program for optimizing Emer-
gency Medical Services (EMS) in a rural State.
(b) COLLECTING DATA.—The pilot program shall
focus on collecting geo-coded data for highway accidents
and resulting injuries, analyzing data to develop injury
patterns and distributions, and improving placement and
management of EMS resources and personnel.
(c) SELECTION.—The Secretary shall enter into an
agreement with the State of Alaska to conduct the pilot
program.
(d) REPORT.—Not later than 12 months after the
completion of the pilot program, the Secretary shall trans-
mit to the Committee on Transportation and Infrastruc-
ture of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate
a report on the results of the pilot program and rec-
ommendations for application to other rural States.
514
SEC. 2016. STATE APPORTIONMENTS.
Section 402(c) of the title 23, United States Code,
is amended by striking ‘‘The annual apportionment to
each State shall not be less than one-half of 1 per centum’’
and insert ‘‘The annual apportionment to each State shall
not be less than three-quarters of 1 percent’’.
SEC. 2017. SAFE INTERSECTIONS.
(a) IN GENERAL.—Chapter 2 of title 18, United
States Code, is amended by adding at the end the fol-
lowing:
‘‘§ 39. Traffic signal preemption transmitters
‘‘(a) OFFENSES.—
‘‘(1) SALE.—A person who knowingly sells a
traffic signal preemption transmitter in or affecting
interstate or foreign commerce to a person who is
not acting on behalf of a public agency or private
corporation authorized by law to provide fire protec-
tion, law enforcement, emergency medical services,
transit services, maintenance, or other services for a
Federal, State, or local government entity, shall,
notwithstanding section 3571(b) of title 18, United
States Code, be fined according to this title, impris-
oned not more than 1 year, or both.
‘‘(2) USE.—A person who makes unauthorized
use of a traffic signal preemption transmitter in or
affecting interstate or foreign commerce shall be
515
fined according to this title, imprisoned not more
than 6 months, or both.
‘‘(b) DEFINITIONS.—In this section, the following
definitions apply:
‘‘(1) TRAFFIC
SIGNAL
PREEMPTION
TRANS-
MITTER.—The term ‘traffic signal preemption trans-
mitter’ means any mechanism that can change or
alter a traffic signal’s phase time or sequence.
‘‘(2) UNAUTHORIZED
USE.—The term ‘unau-
thorized use’ means use of a traffic signal preemp-
tion transmitter by a person who is not acting on be-
half of a public agency or private corporation au-
thorized by law to provide fire protection, law en-
forcement, emergency medical services, transit serv-
ices, maintenance, or other services for a Federal,
State, or local government entity. The term ‘unau-
thorized use’ does not apply to use of a traffic signal
preemption transmitter for classroom or instruc-
tional purposes.’’.
(b) TABLE OF SECTIONS.—The table of sections for
chapter 2 of title 18, United States Code, is amended by
adding at the end the following:
‘‘39. Traffic signal preemption transmitters.’’.
516
TITLE III—FEDERAL TRANSIT
ADMINISTRATION PROGRAMS
SEC. 3001. SHORT TITLE; AMENDMENTS TO TITLE 49,
UNITED STATES CODE.
(a) SHORT TITLE.—This title may be cited as the
‘‘Federal Public Transportation Act of 2005’’.
(b) AMENDMENTS TO TITLE 49, UNITED STATES
CODE.—Except as otherwise specifically provided, when-
ever in this title an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other
provision of law, the reference shall be considered to be
made to a section or other provision of title 49, United
States Code.
SEC. 3002. POLICIES, FINDINGS, AND PURPOSES.
(a) IN GENERAL.—Section 5301(a) is amended to
read as follows:
‘‘(a) DEVELOPMENT AND REVITALIZATION OF PUB-
LIC TRANSPORTATION SYSTEMS.—It is in the interest of
the United States to foster the development and revitaliza-
tion of public transportation systems that—
‘‘(1) maximize the safe, secure, and efficient
mobility of individuals;
‘‘(2) minimize environmental impacts; and
‘‘(3) minimize transportation-related fuel con-
sumption and reliance on foreign oil.’’.
517
(b) 
PRESERVING
THE
ENVIRONMENT.—Section
5301(e) is amended—
(1) by striking ‘‘an urban’’ and inserting ‘‘a’’;
and
(2) by striking ‘‘under sections 5309 and 5310
of this title’’.
(c) 
GENERAL
PURPOSES.—Section 
5301(f) 
is
amended—
(1) in paragraph (1)—
(A) by striking ‘‘mass’’ the first place it
appears and inserting ‘‘public’’; and
(B) by striking ‘‘public and private mass
transportation companies’’ and inserting ‘‘both
public transportation companies and private
companies engaged in public transportation’’;
(2) in paragraph (2)—
(A) by striking ‘‘urban mass’’ and insert-
ing ‘‘public’’; and
(B) by striking ‘‘public and private mass
transportation companies’’ and inserting ‘‘both
public transportation companies and private
companies engaged in public transportation’’;
(3) in paragraph (3)—
(A) by striking ‘‘urban mass’’ and insert-
ing ‘‘public’’; and
518
(B) by striking ‘‘public or private mass
transportation companies’’ and inserting ‘‘pub-
lic transportation companies or private compa-
nies engaged in public transportation’’; and
(4) in paragraph (5) by striking ‘‘urban mass’’
and inserting ‘‘public’’.
SEC. 3003. DEFINITIONS.
(a) LEAD-IN.—Section 5302(a) is amended in the
matter preceding paragraph (1) by striking ‘‘In this chap-
ter’’ and inserting ‘‘Except as otherwise specifically pro-
vided, in this chapter’’.
(b) CAPITAL
PROJECT.—Section 5302(a)(1) is
amended—
(1) in subparagraph (G) by inserting ‘‘construc-
tion, renovation, and improvement of intercity bus
stations and terminals,’’ before ‘‘and the renovation
and improvement of historic transportation facili-
ties,’’;
(2) in subparagraph (G)(ii) by inserting ‘‘(other
than an intercity bus station or terminal)’’ after
‘‘commercial revenue-producing facility’’;
(3) by striking ‘‘or’’ at the end of subparagraph
(H);
(4) by striking the period at the end of sub-
paragraph (I) and inserting a semicolon; and
519
(5) by adding at the end the following:
‘‘(J) crime prevention and security—
‘‘(i) including—
‘‘(I) projects to refine and de-
velop security and emergency response
plans;
‘‘(II) projects aimed at detecting
chemical and biological agents in pub-
lic transportation;
‘‘(III) the conduct of emergency
response drills with public transpor-
tation agencies and local first re-
sponse agencies; and
‘‘(IV) security training for public
transportation employees; but
‘‘(ii) excluding all expenses related to
operations, other than such expenses in-
curred in conducting activities described in
subclauses (III) and (IV);
‘‘(K) establishment of a debt service re-
serve made up of deposits with a bondholders’
trustee in a noninterest bearing account for the
purpose of ensuring timely payment of principal
and interest on bonds issued by a grant recipi-
520
ent for purposes of financing an eligible project
under this chapter; or
‘‘(L) mobility management—
‘‘(i) consisting of short-range planning
and management activities and projects for
improving 
coordination 
among 
public
transportation and other transportation
service providers carried out by a recipient
or subrecipient through an agreement en-
tered into with a person, including a gov-
ernmental entity, under this chapter (other
than section 5309); but
‘‘(ii) excluding operating public trans-
portation services.’’.
(c) INDIVIDUAL
WITH
A
DISABILITY.—Section
5302(a)(5) is amended—
(1) by striking ‘‘HANDICAPPED INDIVIDUAL’’ in
the heading and inserting ‘‘INDIVIDUAL WITH A DIS-
ABILITY’’; and
(2) by striking ‘‘handicapped individual’’ and
inserting ‘‘individual with a disability’’.
(d) MASS TRANSPORTATION.—Section 5302(a)(7) is
amended to read as follows:
‘‘(7) MASS TRANSPORTATION.—The term ‘mass
transportation’ means public transportation.’’.
521
(e) PUBLIC TRANSPORTATION.—Section 5302(a)(10)
is amended to read as follows:
‘‘(10) PUBLIC
TRANSPORTATION.—The term
‘public transportation’ means transportation by a
conveyance that provides regular and continuing
general or special transportation to the public, but
does not include schoolbus, charter, or sightseeing
transportation.’’.
(f) URBANIZED
AREA.—Section 5302(a)(17) is
amended to read as follows:
‘‘(17) URBANIZED AREA.—The term ‘urbanized
area’ means an area encompassing a population of
at least 50,000 people that has been defined and
designated in the latest decennial census as an ur-
banized area by the Secretary of Commerce.’’.
(g) AUTHORITY TO MODIFY DEFINITION.—Section
5302(b) is amended—
(1) by striking ‘‘HANDICAPPED INDIVIDUAL’’ in
the heading and inserting ‘‘INDIVIDUAL WITH
A
DISABILITY’’; and
(2) by striking ‘‘handicapped individual’’ and
inserting ‘‘individual with a disability’’.
SEC. 3004. METROPOLITAN PLANNING.
Section 5303 is amended to read as follows:
522
‘‘§ 5303. Metropolitan planning
‘‘(a) IN GENERAL.—Grants made under sections
5307, 5308, 5309, 5310, 5311, 5316, and 5317 shall be
carried out in accordance with the metropolitan planning
provisions of chapter 52.
‘‘(b) CERTIFICATION.—
‘‘(1) IN GENERAL.—The Secretary shall ensure
and certify that each metropolitan planning organi-
zation in each transportation management area is
carrying out its responsibilities under applicable laws
of the United States. The Secretary may make the
certification only if the organization is complying
with chapter 52 and other applicable requirements
of laws of the United States and the organization
and chief executive officer have approved a transpor-
tation improvement program for the area.
‘‘(2) LIMITATION
ON
WITHHOLDING
CERTIFI-
CATION.—The Secretary may not withhold certifi-
cation based on the policies and criteria a metropoli-
tan planning organization or mass transportation
grant recipient establishes under section 5306(a) for
deciding the feasibility of private enterprise partici-
pation.’’.
SEC. 3005. STATEWIDE PLANNING.
(a) IN GENERAL.—Section 5304 is amended to read
as follows:
523
‘‘§ 5304. Statewide planning
‘‘Grants made under sections 5307, 5308, 5309,
5310, 5311, 5316, and 5317 shall be carried out in ac-
cordance with the statewide planning provisions of chapter
52.’’.
(b) CONFORMING AMENDMENT.—The analysis for
chapter 53 is amended by striking the item relating to
section 5304 and inserting the following:
‘‘5304. Statewide planning.’’.
SEC. 3006. PLANNING PROGRAMS.
(a) IN GENERAL.—Section 5305 is amended to read
as follows:
‘‘§ 5305. Planning programs
‘‘(a) STATE DEFINED.—In this section the term
‘State’ means a State of the United States, the District
of Columbia, and Puerto Rico.
‘‘(b) GENERAL AUTHORITY.—
‘‘(1) ASSISTANCE.—Under criteria to be estab-
lished by the Secretary, the Secretary may provide
assistance for—
‘‘(A) the development of transportation
plans and programs;
‘‘(B) planning, engineering, designing, and
evaluating a public transportation project; and
‘‘(C) for other technical studies.
524
‘‘(2) 
GRANTS, 
AGREEMENTS, 
AND
CON-
TRACTS.—The Secretary may provide assistance
under paragraph (1)—
‘‘(A) by making grants to States, authori-
ties of States, metropolitan planning organiza-
tions, and local governmental authorities; or
‘‘(B) by making agreements with other de-
partments, agencies, and instrumentalities of
the Government.
‘‘(3) ELIGIBLE ACTIVITIES.—Activities eligible
for assistance under paragraph (1) include the fol-
lowing:
‘‘(A) Studies related to management, plan-
ning, operations, capital requirements, and eco-
nomic feasibility.
‘‘(B) 
Evaluating 
previously 
financed
projects.
‘‘(C) Peer reviews and exchanges of tech-
nical data, information, assistance, and related
activities in support of planning and environ-
mental analyses among metropolitan planning
organizations and other transportation plan-
ners.
‘‘(D) Other similar and related activities
preliminary to and in preparation for con-
525
structing, acquiring, or improving the operation
of facilities and equipment.
‘‘(c) PURPOSE.—To the extent practicable, the Sec-
retary shall ensure that amounts appropriated or made
available under section 5338 to carry out this section and
sections 5303 and 5304 are used to support balanced and
comprehensive transportation planning that considers the
relationships among land use and all transportation
modes, without regard to the programmatic source of the
planning amounts.
‘‘(d) METROPOLITAN PLANNING PROGRAM.—
‘‘(1) APPORTIONMENT TO STATES.—
‘‘(A) IN
GENERAL.—The Secretary shall
apportion 80 percent of the amounts made
available under subsection (g)(1) among the
States to carry out sections 5303 and 5306 in
the ratio that—
‘‘(i) the population of urbanized areas
in each State, as shown by the latest avail-
able decennial census of population; bears
to
‘‘(ii) the total population of urbanized
areas in all States, as shown by that cen-
sus.
526
‘‘(B) MINIMUM
APPORTIONMENT.—Not-
withstanding subparagraph (A), a State may
not receive less than 0.5 percent of the amount
apportioned under this paragraph.
‘‘(2) ALLOCATION TO MPO’S.—Amounts appor-
tioned to a State under paragraph (1) shall be made
available within 30 days after allocation to metro-
politan planning organizations in the State des-
ignated under this section under a formula that—
‘‘(A) considers population of urbanized
areas;
‘‘(B) provides an appropriate distribution
for urbanized areas to carry out the cooperative
processes described in this section;
‘‘(C) the State develops in cooperation with
the metropolitan planning organizations; and
‘‘(D) the Secretary approves.
‘‘(3) SUPPLEMENTAL AMOUNTS.—
‘‘(A) IN
GENERAL.—The Secretary shall
apportion 20 percent of the amounts made
available under subsection (g)(1) among the
States to supplement allocations made under
paragraph (1) for metropolitan planning organi-
zations.
527
‘‘(B) FORMULA.—The Secretary shall ap-
portion amounts referred to in subparagraph
(A) under a formula that reflects the additional
cost of carrying out planning, programming,
and project selection responsibilities under sec-
tions 5303 and 5306 in certain urbanized
areas.
‘‘(e) STATE PLANNING AND RESEARCH PROGRAM.—
‘‘(1) APPORTIONMENT TO STATES.—
‘‘(A) IN
GENERAL.—The Secretary shall
apportion the amounts made available under
subsection (g)(2) among the States for grants
and contracts to carry out sections 5303
through 5306, 5312, 5315, and 5322 in the
ratio that—
‘‘(i) the population of urbanized areas
in each State, as shown by the latest avail-
able decennial census; bears to
‘‘(ii) the population of urbanized areas
in all States, as shown by that census.
‘‘(B) MINIMUM
APPORTIONMENT.—Not-
withstanding subparagraph (A), a State may
not receive less than 0.5 percent of the amount
apportioned under this paragraph.
528
‘‘(2) SUPPLEMENTAL AMOUNTS.—A State, as
the State considers appropriate, may authorize part
of the amount made available under this subsection
to be used to supplement amounts made available
under subsection (d).
‘‘(f) GOVERNMENT’S SHARE OF COSTS.—The Gov-
ernment’s share of the cost of an activity funded using
amounts made available under this section may not exceed
80 percent of the cost of the activity unless the Secretary
determines that it is in the interests of the Government
not to require a State or local match.
‘‘(g) ALLOCATION OF FUNDS.—Of the funds made
available by or appropriated to carry out this section
under section 5338(c) for fiscal years 2004 through
2009—
‘‘(1) 82.72 percent shall be available for the
metropolitan planning program under subsection (d);
and
‘‘(2) 17.28 percent shall be available to carry
out subsection (e).
‘‘(h) AVAILABILITY OF FUNDS.—Funds apportioned
under this section in a State shall remain available for
obligation in that State for a period of 3 years after the
last day of the fiscal year for which the funds are author-
ized. Any amounts so apportioned that remain unobligated
529
at the end of that period shall be reapportioned among
the States.’’.
(b) CONFORMING AMENDMENT.—The analysis for
chapter 53 is amended by striking the item relating to
section 5305 and inserting the following:
‘‘5305. Planning programs.’’.
SEC. 3007. PRIVATE ENTERPRISE PARTICIPATION.
(a) SECTION HEADING.—Section 5306 is amended by
striking the section heading and inserting the following:
‘‘§ 5306. Private enterprise participation in planning;
relationship to other limitations’’.
(b) CONFORMING AMENDMENT.—The analysis for
chapter 53 is amended by striking the item relating to
section 5306 and inserting the following:
‘‘5306. Private enterprise participation in planning; relationship to other limita-
tions.’’.
SEC. 3008. URBANIZED AREA FORMULA GRANTS.
(a) TECHNICAL AMENDMENTS.—Section 5307 is
amended—
(1) by striking subsections (h) and (k); and
(2) by redesignating subsections (i), (j), (l),
(m), and (n) as subsections (h), (i), (j), (k), and (l),
respectively.
(b) 
DEFINITIONS.—Section 
5307(a)(2)(A) 
is
amended—
530
(1) by striking ‘‘a person’’ and inserting ‘‘an
entity’’; and
(2) by striking ‘‘section 5305(a) of this title’’
and inserting ‘‘chapter 52’’.
(c) GENERAL
AUTHORITY.—Section 5307(b) is
amended—
(1) by striking paragraph (1) and inserting the
following:
‘‘(1) 
GRANTS.—The 
Secretary 
may 
make
grants under this section for—
‘‘(A) capital projects and associated capital
maintenance items;
‘‘(B) planning;
‘‘(C) transit enhancements;
‘‘(D) operating costs of equipment and fa-
cilities for use in public transportation in an ur-
banized area with a population of less than
200,000; and
‘‘(E)(i) in the case of fiscal years 2005
through 2007, 50 percent of the operating cost
of equipment and facilities for use in mass
transportation in an urbanized area with a pop-
ulation of more than 200,000 if the transit sys-
tem with respect to which the grant is being
made operates in an urbanized area that ex-
531
ceeded 200,000 in population according to the
2000 Census; or
‘‘(ii) in the case of fiscal years 2008 and
2009, 25 percent of the operating cost referred
to in clause (i).’’.
(2) in the heading to paragraph (2) by striking
‘‘FISCAL YEARS 2003 AND 2004 AND FOR THE PERIOD
OF OCTOBER 1, 2004, THROUGH MAY 31, 2005’’ and
inserting ‘‘FISCAL YEARS 2003 THROUGH 2005’’;
(3) in paragraph (2)(A) by striking ‘‘fiscal
years 2003’’ and all that follows through ‘‘2005’’
and inserting ‘‘fiscal years 2003, 2004, and 2005’’;
(4) in paragraph (3) by striking ‘‘section
5305(a) of this title’’ and inserting ‘‘chapter 52’’;
and
(5) in paragraph (3)(A) by striking ‘‘section
5303 of this title’’ and inserting ‘‘chapter 52’’.
(d) GRANT
RECIPIENT
REQUIREMENTS.—Section
5307(d)(1) is amended—
(1) in subparagraph (A) by inserting ‘‘, includ-
ing safety and security aspects of the program’’
after ‘‘program’’;
(2) in subparagraph (H) by striking ‘‘sections
5301(a) and (d), 5303–5306, and 5310(a)–(d) of
532
this title’’ and inserting ‘‘subsections (a) and (d) of
section 5301 and sections 5303 through 5306’’;
(3) in subparagraph (I) by striking ‘‘and’’ at
the end; and
(4) by adding at the end the following:
‘‘(K) in the case of a recipient for an ur-
banized area with a population of at least
200,000—
‘‘(i) will expend one percent of the
amount the recipient receives each fiscal
year under this section for projects for
transit enhancements, as defined in section
5302(a); and
‘‘(ii) will submit an annual report list-
ing projects carried out in the preceding
fiscal year with those funds; and’’.
(e) GOVERNMENT’S
SHARE
OF
COSTS.—Section
5307(e) is amended to read as follows:
‘‘(e) GOVERNMENT’S SHARE OF COSTS.—
‘‘(1) CAPITAL PROJECTS.—A grant for a capital
project (including associated capital maintenance
items) under this section shall be for 80 percent of
the net project cost of the project. The recipient may
provide additional local matching amounts.
533
‘‘(2) OPERATING EXPENSES.—A grant for oper-
ating expenses under this section may not exceed 50
percent of the net project cost of the project.
‘‘(3) REMAINDER.—The remainder of the net
project cost shall be provided—
‘‘(A) in cash from sources other than
amounts of the Government or revenues from
providing public transportation (excluding reve-
nues derived from the sale of advertising and
concessions);
‘‘(B) from an undistributed cash surplus, a
replacement or depreciation cash fund or re-
serve, or new capital; and
‘‘(C) from amounts received under a serv-
ice agreement with a State or local social serv-
ice agency or private social service organiza-
tion.’’.
(f) REVIEWS, AUDITS, AND EVALUATIONS.—Section
5307(h)(1)(A) (as redesignated by subsection (a) of this
section) is amended by striking ‘‘shall’’ and inserting
‘‘may’’.
(g) RELATIONSHIP
TO
OTHER
LAWS.—Section
5307(l) (as redesignated by subsection (a) of this section)
is amended—
(1) by striking paragraph (1);
534
(2) by redesignating paragraph (2) as para-
graph (1);
(3) by inserting ‘‘This chapter.—’’ before ‘‘Sec-
tions 5302’’;
(4) by adding at the end the following:
‘‘(2) CHAPTER 15 OF TITLE 5.—The provision
of assistance under this chapter shall not be con-
strued as bringing within the application of chapter
15 of title 5 any nonsupervisory employee of a public
transportation system (or any other agency or entity
performing related functions) to which such chapter
is otherwise inapplicable.’’; and
(5) by aligning the left margin of paragraph (1)
(as so redesignated) with paragraph (2) (as added
by paragraph (4) of this subsection).
(h) TREATMENT.—At the end of section 5307, add
the following:
‘‘(m) TREATMENT.—For purposes of this section, the
United States Virgin Islands shall be treated as an urban-
ized area, as defined in section 5302.’’.
SEC. 3009. CLEAN FUELS FORMULA GRANT PROGRAM.
Section 5308 is amended to read as follows:
‘‘§ 5308. Clean fuels formula grant program
‘‘(a) DEFINITIONS.—In this section, the following
definitions apply:
535
‘‘(1) CLEAN FUEL BUS.—The term ‘clean fuel
bus’ means a passenger vehicle used to provide pub-
lic transportation that—
‘‘(A) is powered by—
‘‘(i) compressed natural gas;
‘‘(ii) liquefied natural gas;
‘‘(iii) biodiesel fuels;
‘‘(iv) batteries;
‘‘(v) alcohol-based fuels;
‘‘(vi) hybrid electric;
‘‘(vii) fuel cell;
‘‘(viii) clean diesel, to the extent al-
lowed under this section; or
‘‘(ix) other low or zero emissions tech-
nology; and
‘‘(B) the Administrator of the Environ-
mental Protection Agency has certified suffi-
ciently reduces harmful emissions.
‘‘(2) ELIGIBLE
PROJECT.—The term ‘eligible
project’—
‘‘(A) means a project in a nonattainment
or maintenance area described in paragraph
(4)(A) for—
536
‘‘(i) purchasing or leasing clean fuel
buses, including buses that employ a light-
weight composite primary structure;
‘‘(ii) constructing or leasing clean fuel
buses or electrical recharging facilities and
related equipment for such buses; or
‘‘(iii) constructing new or improving
existing public transportation facilities to
accommodate clean fuel buses; and
‘‘(B) at the discretion of the Secretary,
may include a project located in a nonattain-
ment or maintenance area described in para-
graph (4)(A) relating to clean fuel, biodiesel,
hybrid electric, or zero emissions technology
buses that exhibit equivalent or superior emis-
sions reductions to existing clean fuel or hybrid
electric technologies.
‘‘(3) MAINTENANCE AREA.—The term ‘mainte-
nance area’ has the meaning such term has under
section 101 of title 23.
‘‘(4) RECIPIENT.—
‘‘(A) IN GENERAL.—The term ‘recipient’
means a designated recipient (as defined in sec-
tion 5307(a)(2)) for an area that, and a recipi-
537
ent for an urbanized area with a population of
less than 200,000 that—
‘‘(i) is designated as a nonattainment
area for ozone or carbon monoxide under
section 107(d) of the Clean Air Act (42
U.S.C. 7407(d)); or
‘‘(ii) is a maintenance area for ozone
or carbon monoxide.
‘‘(B) SMALLER
URBANIZED
AREAS.—In
the case of an urbanized area with a population
of less than 200,000, the State in which the
area is located shall act as the recipient for the
area under this section.
‘‘(b) AUTHORITY.—The Secretary shall make grants
in accordance with this section to recipients to finance eli-
gible projects.
‘‘(c) APPORTIONMENT OF FUNDS.—
‘‘(1) FORMULA.—The Secretary shall apportion
among recipients amounts made available to carry
out this section for a fiscal year. Of such amounts—
‘‘(A) two-thirds shall be apportioned to re-
cipients serving urbanized areas with a popu-
lation of at least 1,000,000, of which—
‘‘(i) 50 percent shall be apportioned
so that each such recipient receives a grant
538
under this section in an amount equal to
the ratio that—
‘‘(I) the number of vehicles in the
bus fleet of the recipient, weighted by
severity of nonattainment for the area
served by the recipient; bears to
‘‘(II) the total number of vehicles
in the bus fleets of all such recipients,
weighted by severity of nonattainment
for all areas served by such recipients;
and
‘‘(ii) 50 percent shall be apportioned
so that each such recipient receives a grant
under this section in an amount equal to
the ratio that—
‘‘(I) the number of bus passenger
miles (as defined in section 5336(c))
of the recipient, weighted by severity
of nonattainment of the area served
by the recipient; bears to
‘‘(II) the total number of bus
passenger miles (as defined in section
5336(c)) 
of 
all 
such 
recipients,
weighted by severity of nonattainment