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(3) in paragraph (8) (as redesignated by para-
graph (2))—
(A) in subparagraph (B), by striking the
period at the end and inserting a semicolon; and
(B) by striking subparagraph (D) and in-
serting the following:
‘‘(D) a project that—
‘‘(i)(I) is a project for—
‘‘(aa) a public freight rail facility
or a private facility providing public
benefit;
‘‘(bb) an intermodal freight trans-
fer facility;
‘‘(cc) a means of access to a facil-
ity described in item (aa) or (bb);
‘‘(dd) a service improvement for a
facility described in item (aa) or (bb)
(including a capital investment for an
intelligent transportation system); or
‘‘(II) comprises a series of projects de-
scribed in subclause (I) with the common
objective of improving the flow of goods;
‘‘(ii) may involve the combining of pri-
vate and public sector funds, including in-
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vestment of public funds in private sector
facility improvements; and
‘‘(iii) if located within the boundaries
of a port terminal, includes only such sur-
face transportation infrastructure modifica-
tions as are necessary to facilitate direct
intermodal interchange, transfer, and access
into and out of the port.’’; and
(4) in paragraph (10) (as redesignated by para-
graph (2)) by striking ‘‘bond’’ and inserting ‘‘credit’’.
(b) DETERMINATION OF ELIGIBILITY AND PROJECT
SELECTION.—Section 182 of title 23, United States Code,
is amended—
(1) in subsection (a)—
(A) by striking paragraphs (1) and (2) and
inserting the following:
‘‘(1) INCLUSION IN TRANSPORTATION PLANS AND
PROGRAMS.—The project shall satisfy the applicable
planning and programming requirements of sections
134 and 135 at such time as an agreement to make
available a Federal credit instrument is entered into
under this subchapter.
‘‘(2) APPLICATION.—A State, local government,
public authority, public-private partnership, or any
other legal entity undertaking the project and author-
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ized by the Secretary shall submit a project applica-
tion to the Secretary.’’;
(B) in paragraph (3)(A)—
(i) 
in 
clause 
(i), 
by 
striking
‘‘$100,000,000’’ 
and 
inserting
‘‘$50,000,000’’; and
(ii) in clause (ii), by striking ‘‘50’’
and inserting ‘‘20’’; and
(C) in paragraph (4)—
(i) by striking ‘‘Project financing’’ and
inserting ‘‘The Federal credit instrument’’;
and
(ii) by inserting before the period at
the end the following: ‘‘that also secure the
project obligations’’; and
(2) in subsection (b)—
(A) in paragraph (1), by striking ‘‘criteria’’
the second place it appears and inserting ‘‘re-
quirements’’; and
(B) in paragraph (2)(B), by inserting
‘‘(which may be the Federal credit instrument)’’
after ‘‘obligations’’.
(c) SECURED LOANS.—Section 183 of title 23, United
States Code, is amended—
(1) in subsection (a)—
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(A) in paragraph (1)—
(i) by striking ‘‘of any project selected
under section 182.’’ at the end;
(ii) in subparagraphs (A) and (B), by
inserting ‘‘of any project selected under sec-
tion 182’’ after ‘‘costs’’ ; and
(iii) in subparagraph (B), by striking
the semicolon at the end and inserting a pe-
riod; and
(B) in paragraph (4)—
(i) by striking ‘‘funding’’ and inserting
‘‘execution’’; and
(ii) by striking ‘‘rating,’’ and all that
follows and inserting a period;
(2) in subsection (b)—
(A) by striking paragraph (2) and inserting
the following:
‘‘(2) MAXIMUM AMOUNT.—The amount of the se-
cured loan shall not exceed the lesser of—
‘‘(A) 33 percent of the reasonably antici-
pated eligible project costs; or
‘‘(B) the amount of the senior project obli-
gations.’’;
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(B) in paragraph (3)(A)(i), by inserting
‘‘that also secure the senior project obligations’’
after ‘‘sources’’; and
(C) in paragraph (4), by striking ‘‘market-
able’’; and
(3) in subsection (c)—
(A) by striking paragraph (3);
(B) by redesignating paragraphs (4) and
(5) as paragraphs (3) and (4), respectively; and
(C) in paragraph (3) (as redesignated by
subparagraph (B))—
(i) in subparagraph (A), by striking
‘‘during the 10 years’’; and
(ii) in subparagraph (B)(ii), by strik-
ing ‘‘loan’’ and all that follows and insert-
ing ‘‘loan.’’.
(d) LINES OF CREDIT.—Section 184 of title 23, United
States Code, is amended—
(1) in subsection (b)—
(A) in paragraph (3), by striking ‘‘interest,
any debt service reserve fund, and any other
available reserve’’ and inserting ‘‘interest (but
not including reasonably required financing re-
serves)’’;
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(B) in paragraph (4), by striking ‘‘market-
able United States Treasury securities as of the
date on which the line of credit is obligated’’ and
inserting ‘‘ United States Treasury securities as
of the date of execution of the line of credit agree-
ment’’; and
(C) in paragraph (5)(A)(i), by inserting
‘‘that also secure the senior project obligations’’
after ‘‘sources’’; and
(2) in subsection (c)—
(A) in paragraph (2)—
(i) by striking ‘‘scheduled’’;
(ii) by inserting ‘‘be scheduled to’’ after
‘‘shall’’; and
(iii) by striking ‘‘be fully repaid, with
interest,’’ and inserting ‘‘to conclude, with
full repayment of principal and interest,’’;
and
(B) by striking paragraph (3).
(e) PROGRAM ADMINISTRATION.—Section 185 of title
23, United States Code, is amended to read as follows:
‘‘§ 185. Program administration
‘‘(a) REQUIREMENT.—The Secretary shall establish a
uniform system to service the Federal credit instruments
made available under this subchapter.
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‘‘(b) FEES.—The Secretary may establish fees at a
level to cover all or a portion of the costs to the Federal
government of servicing the Federal credit instruments.
‘‘(c) SERVICER.—
‘‘(1) IN GENERAL.—The Secretary may appoint
a financial entity to assist the Secretary in servicing
the Federal credit instruments.
‘‘(2) DUTIES.—The servicer shall act as the
agent for the Secretary.
‘‘(3) FEE.—The servicer shall receive a servicing
fee, subject to approval by the Secretary.
‘‘(d) ASSISTANCE FROM EXPERT FIRMS.—The Sec-
retary may retain the services of expert firms, including
counsel, in the field of municipal and project finance to
assist in the underwriting and servicing of Federal credit
instruments.’’.
(f) FUNDING.—Section 188 of title 23, United States
Code, is amended to read as follows:
‘‘§ 188. Funding
‘‘(a) FUNDING.—
‘‘(1) IN GENERAL.—There is authorized to be ap-
propriated from the Highway Trust Fund (other than
the Mass Transit Account) to carry out this sub-
chapter $122,021,761 for each of fiscal years 2005
through 2009.
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‘‘(2) ADMINISTRATIVE COSTS.—Of amounts made
available under paragraph (1), the Secretary may use
for the administration of this subchapter not more
than $1,877,258 for each of fiscal years 2005 through
2009.
‘‘(3) COLLECTED FEES AND SERVICES.—In addi-
tion to funds provided under paragraph (2)—
‘‘(A) all fees collected under this subchapter
shall be made available without further appro-
priation to the Secretary until expended, for use
in administering this subchapter; and
‘‘(B) the Secretary may accept and use pay-
ment or services provided by transaction partici-
pants, or third parties that are paid by partici-
pants from transaction proceeds, for due dili-
gence, legal, financial, or technical services.
‘‘(4) AVAILABILITY.—Amounts made available
under paragraph (1) shall remain available until ex-
pended.
‘‘(b) CONTRACT AUTHORITY.—
‘‘(1) IN GENERAL.—Notwithstanding any other
provision of law, approval by the Secretary of a Fed-
eral credit instrument that uses funds made available
under this subchapter shall be deemed to be accept-
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ance by the United States of a contractual obligation
to fund the Federal credit investment.
‘‘(2) AVAILABILITY.—Amounts authorized under
this section for a fiscal year shall be available for ob-
ligation on October 1 of the fiscal year.’’.
(g) REPEAL.—Section 189 of title 23, United States
code, is repealed.
(h) CONFORMING AMENDMENTS.—The analysis for
chapter 1 of title 23, United States Code, is amended—
(1) by striking the item relating to section 185
and inserting the following:
‘‘185. Program administration.’’;
and
(2) by striking the item relating to section 189.
SEC. 1304. STATE INFRASTRUCTURE BANKS.
Section 1511(b)(1)(A) of the Transportation Equity
Act for the 21st Century (23 U.S.C. 181 note; 112 Stat.
251) is amended by striking ‘‘Missouri,’’ and all that fol-
lows through ‘‘for the establishment’’ and inserting ‘‘Mis-
souri, Rhode Island, Texas, and any other State that seeks
such an agreement for the establishment’’.
SEC. 1305. PUBLIC-PRIVATE PARTNERSHIPS PILOT PRO-
GRAM.
Section 109(c) of title 23, United States Code, is
amended by adding at the end the following:
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‘‘(3) PUBLIC-PRIVATE PARTNERSHIPS PILOT PRO-
GRAM.—
‘‘(A) IN GENERAL.—The Secretary may un-
dertake a pilot program to demonstrate the ad-
vantages of public-private partnerships for crit-
ical capital development projects, including high-
way, bridge, and freight intermodal connector
projects authorized under this title.
‘‘(B) PROJECTS.—In carrying out the pro-
gram, the Secretary shall—
‘‘(i) select not less than 10 qualified
public-private partnership projects that are
authorized under applicable State and local
laws; and
‘‘(ii) use funds made available to carry
out the program to provide to sponsors of
the projects assistance for development
phase 
activities 
described 
in 
section
181(1)(A), to enhance project delivery and
reduce overall costs.’’.
Subtitle D—Safety
SEC. 1401. HIGHWAY SAFETY IMPROVEMENT PROGRAM.
(a) SAFETY IMPROVEMENT.—
(1) IN
GENERAL.—Section 148 of title 23,
United States Code, is amended to read as follows:
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‘‘§ 148. Highway safety improvement program
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) HIGHWAY
SAFETY
IMPROVEMENT
PRO-
GRAM.—The term ‘highway safety improvement pro-
gram’ means the program carried out under this sec-
tion.
‘‘(2) 
HIGHWAY
SAFETY
IMPROVEMENT
PROJECT.—
‘‘(A) IN
GENERAL.—The term ‘highway
safety improvement project’ means a project de-
scribed in the State strategic highway safety
plan that—
‘‘(i) corrects or improves a hazardous
road location or feature; or
‘‘(ii) addresses a highway safety prob-
lem.
‘‘(B) INCLUSIONS.—The term ‘highway safe-
ty improvement project’ includes a project for—
‘‘(i) an intersection safety improve-
ment;
‘‘(ii) pavement and shoulder widening
(including addition of a passing lane to
remedy an unsafe condition);
‘‘(iii) installation of rumble strips or
another warning device, if the rumble strips
or other warning devices do not adversely
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affect the safety or mobility of bicyclists and
pedestrians;
‘‘(iv) installation of a skid-resistant
surface at an intersection or other location
with a high frequency of accidents;
‘‘(v) an improvement for pedestrian or
bicyclist safety;
‘‘(vi)(I) construction of any project for
the elimination of hazards at a railway-
highway crossing that is eligible for funding
under section 130, including the separation
or protection of grades at railway-highway
crossings;
‘‘(II) construction of a railway-high-
way crossing safety feature; or
‘‘(III) the conduct of a model traffic
enforcement activity at a railway-highway
crossing;
‘‘(vii) construction of a traffic calming
feature;
‘‘(viii) elimination of a roadside obsta-
cle;
‘‘(ix) improvement of highway signage
and pavement markings;
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‘‘(x) installation of a priority control
system for emergency vehicles at signalized
intersections;
‘‘(xi) installation of a traffic control or
other warning device at a location with
high accident potential;
‘‘(xii) safety-conscious planning;
‘‘(xiii) improvement in the collection
and analysis of crash data;
‘‘(xiv) planning, integrated, interoper-
able emergency communications, equipment,
operational activities, or traffic enforcement
activities (including police assistance) relat-
ing to workzone safety;
‘‘(xv) installation of guardrails, bar-
riers (including barriers between construc-
tion work zones and traffic lanes for the
safety of motorists and workers), and crash
attenuators;
‘‘(xvi) the addition or retrofitting of
structures or other measures to eliminate or
reduce accidents involving vehicles and
wildlife; or
‘‘(xvii) installation and maintenance
of signs (including fluorescent, yellow-green
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signs) at pedestrian-bicycle crossings and in
school zones.
‘‘(3) SAFETY PROJECT UNDER ANY OTHER SEC-
TION.—
‘‘(A) IN GENERAL.—The term ‘safety project
under any other section’ means a project carried
out for the purpose of safety under any other sec-
tion of this title.
‘‘(B) INCLUSION.—The term ‘safety project
under any other section’ includes a project to—
‘‘(i) promote the awareness of the pub-
lic and educate the public concerning high-
way safety matters (including motorcyclist
safety); or
‘‘(ii) enforce highway safety laws.
‘‘(4) STATE
HIGHWAY
SAFETY
IMPROVEMENT
PROGRAM.—The term ‘State highway safety improve-
ment program’ means projects or strategies included
in the State strategic highway safety plan carried out
as part of the State transportation improvement pro-
gram under section 135(f).
‘‘(5) 
STATE
STRATEGIC
HIGHWAY
SAFETY
PLAN.—The term ‘State strategic highway safety
plan’ means a plan developed by the State transpor-
tation department that—
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‘‘(A) is developed after consultation with—
‘‘(i) a highway safety representative of
the Governor of the State;
‘‘(ii) regional transportation planning
organizations and metropolitan planning
organizations, if any;
‘‘(iii) representatives of major modes of
transportation;
‘‘(iv) State and local traffic enforce-
ment officials;
‘‘(v) persons responsible for admin-
istering section 130 at the State level;
‘‘(vi) representatives conducting Oper-
ation Lifesaver;
‘‘(vii) representatives conducting a
motor carrier safety program under section
31104 or 31107 of title 49;
‘‘(viii) motor vehicle administration
agencies; and
‘‘(ix) other major State and local safe-
ty stakeholders;
‘‘(B) analyzes and makes effective use of
State, regional, or local crash data;
‘‘(C) addresses engineering, management,
operation, education, enforcement, and emer-
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gency services elements (including integrated,
interoperable emergency communications) of
highway safety as key factors in evaluating high-
way projects;
‘‘(D) considers safety needs of, and high-fa-
tality segments of, public roads;
‘‘(E) considers the results of State, regional,
or local transportation and highway safety plan-
ning processes;
‘‘(F) describes a program of projects or
strategies to reduce or eliminate safety hazards;
‘‘(G) is approved by the Governor of the
State or a responsible State agency; and
‘‘(H) is consistent with the requirements of
section 135(f).
‘‘(b) PROGRAM.—
‘‘(1) IN
GENERAL.—The Secretary shall carry
out a highway safety improvement program.
‘‘(2) PURPOSE.—The purpose of the highway
safety improvement program shall be to achieve a sig-
nificant reduction in traffic fatalities and serious in-
juries on public roads.
‘‘(c) ELIGIBILITY.—
‘‘(1) IN
GENERAL.—To obligate funds appor-
tioned under section 104(b)(5) to carry out this sec-
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tion, a State shall have in effect a State highway safe-
ty improvement program under which the State—
‘‘(A) develops and implements a State stra-
tegic highway safety plan that identifies and
analyzes highway safety problems and opportu-
nities as provided in paragraph (2);
‘‘(B) produces a program of projects or
strategies to reduce identified safety problems;
‘‘(C) evaluates the plan on a regular basis
to ensure the accuracy of the data and priority
of proposed improvements; and
‘‘(D) submits to the Secretary an annual re-
port that—
‘‘(i) describes, in a clearly understand-
able fashion, not less than 5 percent of loca-
tions determined by the State, using criteria
established in accordance with paragraph
(2)(B)(ii), as exhibiting the most severe
safety needs; and
‘‘(ii) contains an assessment of—
‘‘(I) potential remedies to haz-
ardous locations identified;
‘‘(II) estimated costs associated
with those remedies; and
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‘‘(III) impediments to implemen-
tation other than cost associated with
those remedies.
‘‘(2) IDENTIFICATION AND ANALYSIS OF HIGH-
WAY
SAFETY
PROBLEMS
AND
OPPORTUNITIES.—As
part of the State strategic highway safety plan, a
State shall—
‘‘(A) have in place a crash data system with
the ability to perform safety problem identifica-
tion and countermeasure analysis;
‘‘(B) based on the analysis required by sub-
paragraph (A)—
‘‘(i) identify hazardous locations, sec-
tions, and elements (including roadside ob-
stacles, railway-highway crossing needs,
and unmarked or poorly marked roads) that
constitute a danger to motorists (including
motorcyclists), bicyclists, pedestrians, and
other highway users; and
‘‘(ii) using such criteria as the State
determines to be appropriate, establish the
relative severity of those locations, in terms
of accidents, injuries, deaths, traffic volume
levels, and other relevant data;
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‘‘(C) adopt strategic and performance-based
goals that—
‘‘(i) address traffic safety, including
behavioral and infrastructure problems and
opportunities on all public roads;
‘‘(ii) focus resources on areas of great-
est need; and
‘‘(iii) are coordinated with other State
highway safety programs;
‘‘(D) advance the capabilities of the State
for traffic records data collection, analysis, and
integration with other sources of safety data
(such as road inventories) in a manner that—
‘‘(i) complements the State highway
safety program under chapter 4 and the
commercial vehicle safety plan under sec-
tion 31102 of title 49;
‘‘(ii) includes all public roads;
‘‘(iii) identifies hazardous locations,
sections, and elements on public roads that
constitute a danger to motorists (including
motorcyclists), bicyclists, pedestrians, and
other highway users; and
‘‘(iv) includes a means of identifying
the relative severity of hazardous locations
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described in clause (iii) in terms of acci-
dents, injuries, deaths, and traffic volume
levels;
‘‘(E)(i) determine priorities for the correc-
tion of hazardous road locations, sections, and
elements (including railway-highway crossing
improvements), as identified through crash data
analysis;
‘‘(ii) identify opportunities for preventing
the development of such hazardous conditions;
and
‘‘(iii) establish and implement a schedule of
highway safety improvement projects for hazard
correction and hazard prevention; and
‘‘(F)(i) establish an evaluation process to
analyze and assess results achieved by highway
safety improvement projects carried out in ac-
cordance with procedures and criteria established
by this section; and
‘‘(ii) use the information obtained under
clause (i) in setting priorities for highway safety
improvement projects.
‘‘(d) ELIGIBLE PROJECTS.—
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‘‘(1) IN GENERAL.—A State may obligate funds
apportioned to the State under section 104(b)(5) to
carry out—
‘‘(A) any highway safety improvement
project on any public road or publicly owned bi-
cycle or pedestrian pathway or trail; or
‘‘(B) as provided in subsection (e), for other
safety projects.
‘‘(2) USE OF OTHER FUNDING FOR SAFETY.—
‘‘(A) EFFECT OF SECTION.—Nothing in this
section prohibits the use of funds made available
under other provisions of this title for highway
safety improvement projects.
‘‘(B) USE OF OTHER FUNDS.—States are
encouraged to address the full scope of their safe-
ty needs and opportunities by using funds made
available under other provisions of this title (ex-
cept a provision that specifically prohibits that
use).
‘‘(e) FLEXIBLE FUNDING FOR STATES WITH A STRA-
TEGIC HIGHWAY SAFETY PLAN.—
‘‘(1) IN GENERAL.—To further the implementa-
tion of a State strategic highway safety plan, a State
may use up to 25 percent of the amount of funds
made available under this section for a fiscal year to
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carry out safety projects under any other section as
provided in the State strategic highway safety plan.
‘‘(2) OTHER
TRANSPORTATION
AND
HIGHWAY
SAFETY PLANS.—Nothing in this subsection requires a
State to revise any State process, plan, or program
in effect on the date of enactment of this section.
‘‘(f) REPORTS.—
‘‘(1) IN GENERAL.—A State shall submit to the
Secretary a report that—
‘‘(A) describes progress being made to im-
plement highway safety improvement projects
under this section;
‘‘(B) assesses the effectiveness of those im-
provements; and
‘‘(C) describes the extent to which the im-
provements funded under this section contribute
to the goals of—
‘‘(i) reducing the number of fatalities
on roadways;
‘‘(ii) reducing the number of roadway-
related injuries;
‘‘(iii) reducing the occurrences of road-
way-related crashes;
‘‘(iv) mitigating the consequences of
roadway-related crashes; and
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‘‘(v) reducing the occurrences of road-
way-railroad grade crossing crashes.
‘‘(2) CONTENTS; 
SCHEDULE.—The Secretary
shall establish the content and schedule for a report
under paragraph (1).
‘‘(3) TRANSPARENCY.—The Secretary shall make
reports under subsection (c)(1)(D) available to the
public through—
‘‘(A) the Internet site of the Department;
and
‘‘(B) such other means as the Secretary de-
termines to be appropriate.
‘‘(4) DISCOVERY AND ADMISSION INTO EVIDENCE
OF
CERTAIN
REPORTS, 
SURVEYS, 
AND
INFORMA-
TION.—Notwithstanding any other provision of law,
reports, surveys, schedules, lists, or data compiled or
collected for any purpose directly relating to para-
graph (1) or subsection (c)(1)(D), or published by the
Secretary in accordance with paragraph (3), shall not
be subject to discovery or admitted into evidence in a
Federal or State court proceeding or considered for
other purposes in any action for damages arising
from any occurrence at a location identified or ad-
dressed in such reports, surveys, schedules, lists, or
other data.
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‘‘(g) FEDERAL SHARE OF HIGHWAY SAFETY IMPROVE-
MENT PROJECTS.—Except as provided in sections 120 and
130, the Federal share of the cost of a highway safety im-
provement project carried out with funds made available
under this section shall be 90 percent.
‘‘(h) FUNDS FOR BICYCLE AND PEDESTRIAN SAFE-
TY.—A State shall allocate for bicycle and pedestrian im-
provements in the State a percentage of the funds remain-
ing after implementation of sections 130(e) and 150, in an
amount that is equal to or greater than the percentage of
all fatal crashes in the State involving bicyclists and pedes-
trians.
‘‘(i) ROADWAY SAFETY IMPROVEMENTS FOR OLDER
DRIVERS AND PEDESTRIANS.—For each of fiscal years 2005
through 2009, $23,465,723 is authorized to be appropriated
out of the Highway Trust Fund (other than the Mass Tran-
sit Account) for projects in all States to improve traffic
signs and pavement markings in a manner consistent with
the recommendations included in the publication of the Fed-
eral Highway Administration entitled ‘Guidelines and Rec-
ommendations to Accommodate Older Drivers and Pedes-
trians (FHWA–RD–01–103)’ and dated October 2001.’’.
(2) ALLOCATIONS
OF
APPORTIONED
FUNDS.—
Section 133(d) of title 23, United States Code, is
amended—
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(A) by striking paragraph (1);
(B) 
by 
redesignating 
paragraphs 
(2)
through (5) as paragraphs (1) through (4), re-
spectively;
(C) in paragraph (2) (as redesignated by
subparagraph (B))—
(i) in the first sentence of subpara-
graph (A)—
(I) by striking ‘‘subparagraphs
(C) and (D)’’ and inserting ‘‘subpara-
graph (C)’’; and
(II) by striking ‘‘80 percent’’ and
inserting ‘‘90 percent’’;
(ii) in subparagraph (B), by striking
‘‘tobe’’ and inserting ‘‘to be’’;
(iii) by striking subparagraph (C);
(iv) by redesignating subparagraphs
(D) and (E) as subparagraphs (C) and (D),
respectively; and
(v) in subparagraph (C) (as redesig-
nated by clause (iv)), by adding a period at
the end; and
(D) in paragraph (4)(A) (as redesignated
by subparagraph (B)), by striking ‘‘paragraph
(2)’’ and inserting ‘‘paragraph (1)’’.