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representing surface transportation owners and 
operators. 
(C) TERMS.—Members shall be appointed 
for the life of the Commission. 
(D) VACANCIES.—A vacancy in the Com-
mission shall be filled in the manner in which 
the original appointment was made. 
(E) TRAVEL
EXPENSES.—Member shall 
serve without pay but shall receive travel ex-
penses, including per diem in lieu of subsist-
ence, in accordance with sections 5702 and 
5703 of title 5, United States Code. 
(F) CHAIRMAN.—The Chairman of the 
Commission shall be elected by the members. 
(7) STAFF.—
(A) IN GENERAL.—The Commission may 
engage the services of an appropriate organiza-
tion, agency, or firm to conduct the study under 
this subsection, but the Commission shall pro-
vide strategic guidance for the study. 
(B) DETAIL STAFF.—Upon request of the 
Commission, the Secretary may detail, on a re-
imbursable basis, any of the personnel of the 
Department of Transportation to the Commis-
HR 3 IH1S 
sion to assist the Commission in carrying out 
its duties under this subsection. 
(C) COOPERATION.—The Secretary shall 
cooperate with the Commission in the study, in-
cluding providing the Commission with such 
nonconfidential data and information as nec-
essary for conducting and completing the study. 
(8) ADMINISTRATIVE
SUPPORT
SERVICES.—
Upon the request of the Commission, the Secretary 
shall provide to the Commission, on a reimbursable 
basis, the administrative support and services nec-
essary for the Commission to carry out its respon-
sibilities under this subsection. 
(9) REPORT
AND
RECOMMENDATIONS.—Not 
later than September 30, 2006, the Commission 
shall transmit to Congress a final report on the re-
sults of the study conducted under this subsection, 
including recommendations to address the needs 
identified in the study. 
(10) TERMINATION.—The Commission shall 
terminate on the 180th day following the date of 
transmittal of the report under paragraph (9). By 
such 180th day, the Commission shall deliver all 
records and papers of the Commission to the Archi-
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vist of the United States for deposit in the National 
Archives. 
(11) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated from the 
Highway Trust Funds (other than the Mass Transit 
Account) to carry out this subsection $1,000,000 for 
each of fiscal years 2005 and 2006. 
(12) APPLICABILITY
OF
TITLE
23, UNITED 
STATES
CODE.—Funds authorized to be appro-
priated by this section shall be available for obliga-
tion in the same manner as if such funds were ap-
portioned under chapter 1 of title 23, United States 
Code; except that the Federal share of the cost of 
activities carried out under this subsection shall be 
100 percent and such funds shall remain available 
until expended. 
SEC. 1122. ADJUSTMENTS FOR THE SURFACE TRANSPOR-
TATION EXTENSION ACT OF 2004, PART V. 
[Reserved] 
SEC. 1123. ROADWAY SAFETY. 
(a) ROAD SAFETY.—
(1) IN
GENERAL.—The Secretary shall enter 
into an agreement to assist in the activities of a na-
tional nonprofit organization that is dedicated solely 
to improving public road safety—
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(A) by improving the quality of data per-
taining to public road hazards and design fea-
tures that affect or increase the severity of 
motor vehicle crashes; 
(B) by developing and carrying out a pub-
lic awareness campaign to educate State and 
local transportation officials, public safety offi-
cials, and motorists regarding the extent to 
which public road hazards and design features 
are a factor in motor vehicle crashes; and 
(C) by promoting public road safety re-
search and technology transfer activities. 
(2) FUNDING.—There is authorized to be ap-
propriated from the Highway Trust Fund (other 
than the Mass Transit Account) $500,000 for each 
of fiscal years 2005 through 2009 to carry out this 
subsection. 
(3) APPLICABILITY OF TITLE 23.—Funds made 
available by this subsection shall be available for ob-
ligation in the same manner as if such funds were 
apportioned under chapter 1 of title 23, United 
States Code, except that the funds shall remain 
available until expended. 
(b) BICYCLE AND PEDESTRIAN SAFETY GRANTS.—
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(1) IN GENERAL.—The Secretary shall make 
grants to a national, not-for-profit organization en-
gaged in promoting bicycle and pedestrian safety—
(A) to operate a national bicycle and pe-
destrian clearinghouse; 
(B) to develop information and educational 
programs; and 
(C) to disseminate techniques and strate-
gies for improving bicycle and pedestrian safety. 
(2) FUNDING.—There is authorized to be ap-
propriated from the Highway Trust Fund (other 
than the Mass Transit Account) $500,000 for each 
of fiscal years 2004 through 2009 to carry out this 
subsection. 
(3) APPLICABILITY OF TITLE 23.—Funds made 
available by this subsection shall be available for ob-
ligation in the same manner as if such funds were 
apportioned under chapter 1 of title 23, United 
States Code, except that the funds shall remain 
available until expended. 
SEC. 1124. EQUITY REQUIREMENT. 
(a) GENERAL PROVISIONS.—The Secretary may not 
apportion before August 1, 2006, any funds for any of 
the programs referred to in subsection (b) for fiscal year
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2006 unless, after the date of enactment of this Act, a 
law has been enacted that—
(1) increases the guaranteed rate of return pur-
suant to section 105 of title 23, United States Code, 
to 92 percent in fiscal year 2006, 93 percent in fis-
cal year 2007, 94 percent in fiscal year 2008, and 
95 percent in fiscal year 2009; and 
(2) requires that each State receive apportion-
ments for such programs for each of such fiscal 
years that in the aggregate are at least equal to the 
greater of—
(A) the State’s minimum guaranteed rate 
of return required under paragraph (1); and 
(B) the State’s prior fiscal year’s appor-
tioned highway funds for programs referred in 
subsection (b) plus an amount equal to the 
State’s prior year apportioned funds for such 
programs multiplied by the percentage increase 
in the consumer price index during the 12-
month period ending June 30 of the calendar 
year in which the fiscal year begins. 
(b) APPLICABILITY.—The withholding of apportioned 
funds under subsection (a) shall apply to the following 
programs: