SAFETEA-LU

Bill: 109-hr-3
Sponsor: Rep. Young, Don [R-AK-At Large]
Introduced: 2005-02-09 in the House
Policy area: Transportation and Public Works
Subjects: Accident prevention
Administrative fees
Administrative procedure
Agriculture and Food
Alabama
Alaska
Alcohol as fuel
Alcoholism
Alternative energy sources
American Samoa
Animals
Appalachia
Appellate courts
Arkansas
Arts, Culture, Religion
Auditing
Authorization
Automation
Bicycles
Biological warfare
Black colleges
Bonds
Boundaries
Bridges
Brownfields
Building materials
Business records
Buy American
California
Camping
Canada
Capital investments
Car pools
Carbon monoxide
Chemical warfare
Child health
Child safety
Commerce
Community organization
Commuting
Competitive bidding
Compressed natural gas
Computer software
Computers
Congress
Congressional investigations
Congressional reporting requirements
Construction costs
Construction industries
Cost effectiveness
Crime and Law Enforcement
Crime prevention
Criminal investigation
Criminal justice information
Data banks
Department of Transportation
Diabetes
Diesel motor
Directories
Disabled
Disaster relief
Disasters
Driver licenses
Drug abuse
Drug law enforcement
Drug testing
Drugs and employment
Drunk driving
Ecological research
Economic growth
Economics and Public Finance
Education
Electric vehicles
Electronic data interchange
Electronic government information
Elementary and secondary education
Emergency Management
Emergency communication systems
Employee benefit plans
Employee rights
Employee training
Energy
Energy conservation
Energy efficiency
Environmental Protection
Environmental Protection Agency
Environmental assessment
Environmental health
Environmental research
Excise tax
Families
Federal advisory bodies
Federal aid to Indians
Federal aid to air pollution control
Federal aid to education
Federal aid to research
Federal aid to transportation
Federal libraries
Federal officials
Federal-Indian relations
Federal-local relations
Federal-state relations
Federally-assisted loans
Federally-guaranteed loans
Finance and Financial Sector
Fines (Penalties)
Foreign Trade and International Finance
Forest roads
Fraud
Freight
Freight forwarders
Fuel cells
Fuel consumption
Geographic information systems
Georgia
Government Operations and Politics
Government contractors
Government lending
Government paperwork
Government procurement
Government publicity
Government statistics
Government trust funds
Governmental investigations
Graduate education
Grassland ecology
Guam
Health
High technology
Higher education
Highway finance
Highway maintenance
Highway planning
Highway use tax
Household moving
Housing and Community Development
Hydrogen
Illinois
Imports
Indian lands
Indiana
Industrial engineering
Information networks
Infrastructure
Infrastructure (Economics)
Insulin
Intergovernmental fiscal relations
Intermodal transportation
International Affairs
International cooperation
Internet
Interstate commerce
Interstate compacts
Interstate highway system
Iowa
Judicial review
Jurisdiction
Kentucky
Labor and Employment
Lakes
Land transfers
Land use
Latin America
Law
Liability (Law)
Light rail transit
Limited access highways
Liquefied natural gas
Local employees
Local finance
Louisiana
Magnetic levitation vehicles
Maine
Management information systems
Maps
Marine terminals
Maryland
Mass rapid transit
Massachusetts
Metropolitan areas
Mexico
Michigan
Minnesota
Minorities
Minority business enterprises
Minority education
Mississippi
Missouri
Montana
Motor buses
Motor vehicle pollution control
Motor vehicle registration
Motor vehicle safety
Motorcycles
National forests
National parks
Native Americans
Natural gas vehicles
Nevada
New Jersey
Nonprofit organizations
North Dakota
Northern Mariana Islands
Occupational health and safety
Ohio
Oklahoma
Oregon
Outdoor advertising
Ozone
Parking facilities
Passenger ships
Pedestrians
Performance measurement
Presidential appointments
Public Lands and Natural Resources
Public service advertising
Public-private partnerships
Puerto Rico
Railroad commuting traffic
Railroad engineering
Railroad finance
Railroad safety
Recidivists
Refuse and refuse disposal
Relocation
Remote sensing
Research and development
Research centers
Restaurants
Right-of-way
Road construction
Safety appliances
Scenic byways
Scholarships
School buses
Science, Technology, Communications
Seat belts
Sentences (Criminal procedure)
Service stations
Shipbuilding
Ships
Signs and symbols
Small business
Smog
Social Welfare
Space activities
Sports and Recreation
Standards
State employees

Summary:
action_date: 2005-02-09
text: 
Transportation Equity Act: A Legacy for Users - Reauthorizes the Federal-aid surface transportation program through FY 2009. Reauthorizes appropriations from the Highway Trust Fund (HTF) for: (1) specified highway (including highway safety) programs; (2) research and technology; (3) motor carrier transportation and safety; and (4) transportation research and education. 
 
Directs the Secretary of Transportation to establish a National Commission on Future Revenue Sources to Support the HTF. Establishes a National Commission on the Future of the Dwight D. Eisenhower National System of Interstate Defense Highways. Requires States with an urbanized area population of over 200,000 to obligate specified funds for congestion relief.
 
Authorizes the Secretary to make grants to States that have enacted laws that prohibit the use of racial profiling in the enforcement of State laws regulating the use of Federal-aid highways. 
 
Federal Public Transportation Act of 2005 - Revises requirements for public transportation funding and the Secretary's authority to make specified grants, including grants for capital projects, planning, and transit and for commercial driver's license program improvements. 
 
Directs the Secretary to establish programs involving: (1) long-term bridge performance; (2) innovative highway safety technologies; (3) freight planning capacity building; (4) freight transportation research; (5) future strategic highway research; (6) surface transportation congestion solutions research; and (7) commercial remote sensing products and spatial information technologies.
 
Intelligent Transportation Systems Act of 2005 - Directs the Secretary to conduct an ongoing intelligent system transportation research and development program.
 
Requires: (1) metropolitan planning organizations to develop long-range transportation plans and transportation improvement programs for metropolitan planning areas; and (2) States to develop statewide transportation plans and statewide transportation improvement programs.
 
Revises hazardous materials transportation requirements to provide uniformity in Federal standards regulating the transportation of hazardous materials in intrastate, interstate, and foreign commerce.
 
States that this Act continues the Transportation Equity Act for the 21st Century provisions which guarantee that specified levels of authorized funding will be available for obligation each year by continuing the highway category and the mass transit category budgetary firewalls.

action_date: 2005-03-07
text: 
Transportation Equity Act: A Legacy for Users (TEA-LU)
 - Title I: Federal-Aid Highways - Subtitle A: Authorization of Programs
 - (Sec. 1101) Authorizes appropriations for FY 2004 through 2009 for highway programs out of the Highway Trust Fund (HTF), including: (1) the Interstate maintenance program; (2) the National Highway System (NHS); (3) the bridge program; (4) the highway safety improvement program; (5) the surface transportation program; (6) the congestion mitigation and air quality improvement program; (7) the Appalachian development highway system program; (8) the Federal lands highways program; (9) the national corridor infrastructure improvement program; (10) the coordinated border infrastructure program; (11) projects of national and regional significance program; (12) construction of ferry boats and ferry terminal facilities; (13) the congestion pricing pilot program; (14) the high priority projects program; (15) the highway use tax evasion program; (16) the Highways for LIFE program; and (17) the Commonwealth of Puerto Rico highway program.
 
 
Requires that a specified percentage of funds be expended with small business concerns owned and controlled by socially and economically disadvantaged individuals.
 
(Sec. 1102) Sets a maximum obligation ceiling, with certain exceptions, for Federal-aid highway and highway safety construction programs through FY 2009.
 
(Sec. 1103) Amends Federal highway law to authorize appropriations out of the HTF for FY 2004 through 2009 to: (1) administer the provisions of law to be financed from appropriations for the Federal-aid highway program; and (2) make transfers as the Secretary of Transportation (Secretary) determines to be appropriate to the Appalachian Regional Commission for administrative activities associated with the Appalachian development highway system.
 
Authorizes appropriations for FY 2004 through 2009: (1) to the Virgin Islands, Guam, American Samoa, and the Commonwealth of Northern Mariana Islands for the National Highway System; and (2) for the Alaska Highway.
 
(Sec. 1105) Replaces the current requirement for submission by a recipient of Federal financial assistance of a financial plan for any Federal-aid highway project with an estimated total cost of $1 billion or more. Directs the Secretary to establish an oversight program to monitor the financial management and project delivery with respect to the use of Federal-aid highway project funds. Requires recipients of Federal funds for highway projects in excess of $500 million or more (or any other project in the discretion of the Secretary) to submit to the Secretary a project management plan and an annual financial plan. Sets forth similar requirements for highway projects in excess of $100 million or more.
 
(Sec. 1106) Authorizes a State to develop a plan for the use of obligated Federal-aid highway funds that have been determined excess funds for a highway project.
 
(Sec. 1107) Conditions approval of Federal-aid highway funds upon installation and maintenance of proper temporary traffic control devices to improve safety in work zones during construction, utility, and maintenance operations. 
 
(Sec. 1108) Extends through October 15 of FY 2006 and each fiscal year thereafter requirements for the alignment of highway spending with revenues.
 
(Sec. 1109) Authorizes necessary appropriations for a fiscal year for allocations of emergency relief for the repair of damage to highways, roads, and trails (including Indian reservations) owing to a natural disaster if the total of those allocations in such fiscal year are in excess of $100 million.
 
(Sec. 1110) Extends through FY 2009 the requirements of States under the Surface Transportation Program to make a portion of certain funds for urbanized areas with a population of over 200,000 available for Federal-aid highways and highway safety construction programs.
 
(Sec. 1111) Designates funds to implement specified intergovernmental enforcement of highway use tax evasion projects.
 
(Sec. 1112) Directs the Secretary to: (1) apportion funds made available under this Act for the Appalachian development highway system among the States based on the latest available cost-to-complete estimate for the system; (2) implement a construction program for ferry boats and ferry terminal facilities; and (3) establish a national ferry database.
 
(Sec. 1114) Terminates the Interstate Maintenance Discretionary program.
 
(Sec. 1115) Revises requirements for applications for and approval of assistance for highway bridge replacement or rehabilitation. Authorizes the Secretary to approve Federal participation in preventive maintenance on a bridge and in installation of scour measures to a bridge.
 
Sets aside specified funds for construction of a bridge joining the Island of Gravina to the community of Ketchikan in Alaska.
 
Increases from 15 percent to 20 percent the mandatory set-aside for off-system bridges.
 
(Sec. 1116) Amends the Transportation Equity Act for the 21st Century (TEA-21) to: (1) authorize appropriations for FY 2005 through 2009; and (2) make nontransferable to other programs any funds for the Transportation and Community and System Preservation Program.
 
Directs the Secretary to establish a pilot program to support planning and public participation activities related to highway and public transportation projects. Provides a set-aside for FY 2005 through 2009 to carry out the pilot program.
 
(Sec. 1117) Directs the Secretary to provide financial assistance to pay the Federal share of full project costs of magnetic levitation transportation projects. Authorizes appropriations through FY 2009.
 
(Sec. 1118) Revises guidelines governing permissible uses of funds apportioned for the recreational trails program.
 
(Sec. 1119) Revises requirements with respect to the authority of Indian tribes to conduct contracting and construction programs for Federal-aid highways, roads, bridges, parkways, or transit facility projects.
 
Requires any allocation of authorized appropriations for Indian reservation roads in Alaska to be based on an Alaska Native Village inventory of roads.
 
Establishes in the Department of Transportation a presidentially-appointed Deputy Assistant Secretary for Tribal Government Affairs.
 
Earmarks Indian reservation road funds for: (1) program oversight and project-related administrative expenses of the Bureau of Indian Affairs; and (2) Indian reservation road bridge preconstruction activities, such as engineering and design.
 
Directs the Secretary and the Denali Commission to establish an Alaska Native Village transportation program to pay the costs of the construction and maintenance of road and other surface transportation facilities. 
 
(Sec. 1120) Amends Federal highway law to authorize the use of funds for refuge roads to pay the cost of construction, maintenance, and improvement of wildlife observation infrastructure.
 
Directs the Secretary to study and report to Congress on methods to reduce collisions between motor vehicles and wildlife. Requires the Secretary to develop a best practices manual based on study results to support State efforts to reduce such collisions.
 
(Sec. 1121) Directs the Secretary to: (1) establish a safe routes to school program for children in primary and middle schools; (2) make grants to a national nonprofit organization to operate a related clearinghouse; (3) establish a national safe routes to school task force; (4) establish a pilot program to construct in four communities a network of nonmotorized transportation infrastructure facilities (including sidewalks, bicycle lanes, and pedestrian and bicycle trails) connecting directly with transit stations, schools, residences, businesses, recreation areas, and other community activity centers.
 
(Sec. 1122) Establishes: (1) the National Commission on Future Revenue Sources to Support the Highway Trust Fund to study and report to Congress on alternative short-term and long-term revenue sources for the HTF; and (2) the National Commission on Future of the Dwight D. Eisenhower National System of Interstate and Defense Highways to study and report to Congress on alternative approaches to the System's future. Authorizes appropriations for FY 2005 and 2006.
 
(Sec. 1124) Directs the Secretary to: (1) enter into an agreement to assist in the activities of a national nonprofit organization that is dedicated solely to improving public road safety; and (2) make grants to a national, not-for-profit organization engaged in promoting pedestrian and bicycle safety to operate a related clearinghouse. Authorizes appropriations for FY 2005 through 2009.
 
(Sec. 1125) Prohibits the Secretary from apportioning funds before August 1, 2006, for the National Highway system and other specified programs unless a Federal law is enacted that increases the minimum guarantee rate of return, by certain increments, to 95 percent by FY 2009.
 
Subtitle B: Congestion Relief - (Sec. 1201) Requires each State to obligate a portion of its apportionments for FY 2005 through 2009 for congestion relief in urbanized areas with a population exceeding 200,000. Prescribes implementation guidelines. 
 
(Sec. 1202) Includes transportation systems management and operations among operational costs for traffic monitoring, management and control, as well as operational improvements. Names equipment and programs for transportation response to natural disasters as operational improvements.
 
Directs the Secretary to: (1) study and report to Congress on current policies and practices for the procurement of intelligent transportation system facilities, equipment, and services; and (2) develop a conceptual plan with alternative approaches for expediting and streamlining such procurements at the State level. Authorizes appropriations for FY 2005.
 
(Sec. 1203) Directs the Secretary to establish a real-time system management information program to provide, in all States, the capability to: (1) monitor, in real-time, the traffic and travel conditions of the Nation's major highways; and (2) share that information to improve surface transportation system security, address congestion problems, support improved response to weather and transportation incidents, and facilitate national and regional highway traveler information.
 
Directs the Secretary to establish a national steering committee to assist in development of data exchange formats that will allow the ready exchange across jurisdictional boundaries of highway and transit monitoring system data.
 

 (Sec. 1204) Directs the Secretary to establish a comprehensive program to accelerate the integration, interoperability, and deployment of intelligent transportation systems in order to improve the performance of the surface transportation system in metropolitan and rural areas. Authorizes competitive grants for projects that will serve as models to improve transportation efficiency, promote surface transportation safety, increase traffic flow, reduce air pollutant emissions, improve traveler information, enhance alternative transportation modes, build on existing intelligent transportation system projects, and promote tourism. 
 
(Sec. 1205) Requires States to obligate a portion of specified funds apportioned for FY 2005 through 2009 for projects that support deployment of intelligent transportation systems.
 
(Sec. 1206) Directs the Secretary to initiate a rulemaking process to establish categorical exclusions for activities that support the deployment of intelligent transportation infrastructure and systems from the requirement of an environmental assessment or an environmental impact statement under the National Environmental Policy Act of 1969.
 
Directs the Secretary to develop a nationwide programmatic agreement governing the review of activities that support the deployment of intelligent transportation infrastructure and systems in accordance with the National Historic Preservation Act and the regulations of the Advisory Council on Historic Preservation.
 
(Sec. 1207) Authorizes the Secretary to establish a pilot program under which States may assume the Secretary's responsibilities with respect to certain transportation programs and projects.
 
(Sec. 1208) Amends Federal-aid highway law to require a State agency with jurisdiction over the operation of a high-occupancy vehicle (HOV) facility to establish occupancy requirements for vehicles of not less than two occupants per vehicle.
 
Authorizes the State agency to allow use of an HOV facility by: (1) motorcycles and bicycles, unless they would create a safety hazard; (2) unexempt vehicles, by paying a toll; and (3) certified inherently low emission vehicles, without paying or paying a toll, as the State determines. 
 
Expresses the sense of Congress that the Secretary and the States should provide additional incentives (including the use of HOV lanes on State and Interstate highways) for the purchase and use of hybrid and other fuel efficient vehicles.
 
(Sec. 1209) Amends the Intermodal Surface Transportation Efficiency Act of 1991 to: (1) modify the congestion pricing pilot program; and (2) set-aside specified amounts for projects not involving highway tolls.
 
(Sec. 1210) Amends the Federal-aid highways program to projects to improve transportation systems management and operations eligible for funding under the congestion mitigation and air quality improvement program.
 
(Sec. 1212) Directs the Secretary to: (1) open for 24 hours a day, every day of the year, the ramp connecting Interstate Route 495 and Arena Drive in Prince George's County, Maryland, to allow motor vehicles to exit Interstate Route 495 in both northern and southern directions onto Arena Drive; and (2) conduct a study to determine the most appropriate method for opening the ramps to allow motor vehicles to enter Interstate Route 495 from Arena Drive.
 
 

Subtitle C: Mobility and Efficiency
 - (Sec. 1301) Directs the Secretary to establish: (1) a program to make allocations to States for highway construction projects in corridors of national significance to promote economic growth and international or interregional trade; (2) a coordinated border infrastructure program to distribute funds to border States to improve the safe movement of motor vehicles at or across the borders between the United States and Canada and Mexico; (3) a freight intermodal connector program to improve productivity and efficiency of freight transportation, while mitigating congestion in the area of freight intermodal connectors; (4) a grants program for projects of national and regional significance; (5) a pilot program to make allocations to States for the construction of projects that separate commercial truck traffic from other motor vehicle traffic (dedicated truck lanes); and (6) a pilot program to address the shortage of long-term parking for commercial motor vehicles on the National Highway System.
 

 Subtitle D: Highway Safety - 
(Sec. 1401) Amends Federal highway law to include the installation of fluorescent, yellow-green signs at pedestrian or bicycle crossings or school zones as a safety improvement project under the Highway Safety Improvement Program.
 
Increases the mandatory set-aside for Operation Lifesaver and, for FY 2004 through 2009, for hazard elimination at railway-highway crossings in high speed rail corridors. Includes additional train routes with respect to specified high speed rail corridors that have been designated by the Secretary for railway-highway crossing hazard elimination.
 
(Sec. 1402) Directs the Secretary to issue regulations to decrease the likelihood of worker injury and maintain the free flow of vehicular traffic by requiring workers on or in close proximity to a Federal-aid highway to wear high visibility garments.
 
(Sec. 1403) Directs the Secretary to establish and implement a high risk rural road safety improvement program.
 
(Sec. 1404) Requires the Secretary to transfer to a State's highway safety apportionment up to three percent of funds apportioned to it for specified other programs if the State fails to enact or enforce laws regarding: (1) the use of passenger safety belts; (2) open containers; and (3) repeat intoxicated drivers.
 
 
(Sec. 1405) Increases the FY 2005 authorization of appropriations for safety incentive grants to States for the use of seat belts.
 
 
(Sec. 1406) Prescribes an administrative penalty of withholding certain Federal highway program funds by specified increasing percentages from FY 2004 though 2007 and after for States that have not enacted a 0.08 drunk driving law.
 
(Sec. 1407) Redefines &quot; repeat intoxicated driver law&quot; to include as a penalty a combination of a 45-day driving privileges suspension followed by reinstatement of limited driving privileges for driving to work, school, or an alcohol treatment program if an ignition interlock device is installed on the motor vehicles owned or operated by the individual subject to the penalty. 
 
(Sec. 1408) Directs the Secretary to conduct a rulemaking proceeding to determine the appropriate conditions under which a State when choosing to repair or replace damaged highway features on the NHS with State funds should be required to make such repairs or replace such features with highway features that have been tested and found to be acceptable under certain Federal guidelines.
 

Subtitle E: Construction and Contract Efficiencies 
- (Sec. 1501) Repeals the minimum cost requirements of a qualified project using design-build contracting.
 
Directs the Secretary to: (1) evaluate the use of design-build contracting procurement procedures where subjective evaluation criteria account for the majority of the selection determination; (2) establish a pilot program designed to encourage States to incorporate warranties in the letting of contracts for highway construction projects; (3) arrange for the National Academy of Sciences to study and report to Congress on private investment in surface transportation infrastructure; and (4) establish a Highways for LIFE pilot program.
 

Subtitle F: Finance 
- (Sec. 1601) Amends the Transportation Infrastructure Finance and Innovation Act (TIFIA) to revamp guidelines governing eligibility, project selection, lines of credit, repayment and program administration. Authorizes appropriations through FY 2009 for the TIFIA program.
 
(Sec. 1602) Authorizes the Secretary to enter into cooperative agreements with States for the establishment of State infrastructure banks.
 
(Sec. 1603) Directs the Secretary to establish toll pilot programs under which the Secretary may permit a State to collect tolls on a highway, bridge, or tunnel on the Interstate System for: (1) facility reconstruction and rehabilitation; and (2) interstate highway construction. Authorizes the Secretary to permit an interstate compact of States to collect tolls in the latter pilot project.
 
(Sec. 1605) Grants congressional consent to two or more States that have entered into a cooperative agreement with the Secretary to establish a multistate infrastructure bank to enter into an interstate compact to establish such bank.
 

Subtitle G: High Priority Projects 
- (Sec. 1701) Modifies the High Priority Projects Program to reflect the authorization of appropriations detailed in this Act, with earmarks for specified high priority projects.
 

Subtitle H: Miscellaneous Provisions
 - (Sec. 1801) Requires the Department of Transportation (DOT) and its agencies to submit to Congress a budget justification concurrently with the President's annual budget submission.
 
(Sec. 1802) Amends the Consolidated Appropriations Act, 2004 to repeal the requirement that the Manual on Uniform Traffic Control Devices permit the furnishing of information to motorists regarding the location of licensed 24-hour pharmacy services.
 
(Sec. 1803) Directs the Secretary to initiate a rulemaking to determine whether full service restaurants should be given priority on up to two panels of the camping or attractions logo specific service signs in such Manual when the food logo specific service sign is fully utilized, and vice versa.
 
(Sec. 1804) Amends the Intermodal Surface Transportation Efficiency Act of 1991 to add designated high priority corridors to the NHS.
 
(Sec. 1805) Specifies additional counties within the purview of the Appalachian Regional Commission.
 
(Sec. 1806) Directs the Secretary to arrange for the Delta Regional Authority (DRA) to study and report to Congress on transportation assets and needs for all modes of transportation in the States composing the Delta region. Authorizes appropriations for FY 2005 and 2006.
 
(Sec. 1807) Directs the Secretary to study and report to Congress on the safety of highway toll collection facilities, including toll booths, with respect to toll collectors. Authorizes appropriations for FY 2005.
 
(Sec. 1808) Directs the Secretary to conduct demonstration projects in Alaska and Tennessee to study: (1) the safety impacts, environmental impacts, and cost effectiveness of different pavement marking systems; and (2) the effect of State bidding and procurement processes on the quality of pavement marking material employed in highway projects. Authorizes appropriations for FY 2005 through 2009. 
 
(Sec. 1809) Directs the Secretary to: (1) establish and implement a work zone safety grant program to enable nonprofit organizations to provide training to prevent or reduce highway work zone injuries and fatalities; and (2) ensure that a nonlocal worker on a remote project for the Federal-aid highway system in Alaska receives meals and lodging. Authorizes appropriations for FY 2005 through 2009.
 
(Sec. 1810) Directs the Secretary to make grants to a State that has enacted and is enforcing a law that prohibits racial profiling in the enforcement of State laws regulating the use of Federal-aid highways. Authorizes appropriations for FY 2005 through 2009.
 
(Sec. 1811) Directs the Secretary to allocate funds to the America's Byways Resource Center. Authorizes appropriations for FY 2004 through 2009.
 
(Sec. 1812) Deems the donee of the vessel designated as Unit Identification Code number 13862 to be the vessel's owner free and clear as of September 1, 2000. Extinguishes all Federal claims arising from the donation or use of such vessel.
 
(Sec. 1813) Directs the Secretary to implement a national evaluation pilot project to assess how intelligent transportation system technology can be applied to mileage-based road user charges to collect revenues for the HTF. Authorizes appropriations for FY 2005 through 2009. 
 
(Sec. 1814) Designates as the Thomas P. &quot;Tip&quot; O'Neill, Jr. Tunnel 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.
 
(Sec. 1816) Requires the distribution of metropolitan planning funds within a State within 30 days after their receipt from the Secretary.
 
(Sec. 1817) Deems to satisfy certain Federal placement approval requirements the Harbor Boulevard off ramp from Interstate Route 405 in Costa Mesa, California, 
 
(Sec. 1818) Declares that debt outstanding for project number Q-DPM-0013(001) related to the early acquisition of the rights-of-way is deemed satisfied.
 
(Sec. 1819) Designates as the lead agency for accepting specified Federal funds (authorized under the Intermodal Surface Transportation Efficiency Act of 1991 for purchase of the right-of-way and development of a transportation corridor in an existing rail right-of-way from Larkspur to Korbel, and Novato to Lombard) a certain public entity established to acquire rights-of-way in northwestern California to maintain surface transportation infrastructure. 
 
(Sec. 1820) Requires the project agreement for a Federal-aid highway project to 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 (with the debris recipient bearing any additional cost associated with making the debris available). 
 
(Sec. 1821) Amends the Small Business Act regarding historically underutilized business zones (HUBzones) to extend the definition of a qualified nonmetropolitan county in which a HUBzone may be located to one containing a difficult development area, as designated by the Secretary of Housing and Urban Development within Alaska, Hawaii, or any territory or possession of the United States outside the 48 contiguous States. 
 
(Sec. 1822) Amends TEA-21 to make technical amendments to specified project authorizations. 
 
(Sec. 1823) Directs the Secretary to make grants for FY 2005 through 2009 to a national nonprofit foundation for the operation of the National Work Zone Safety Information Clearinghouse. Authorizes appropriations through FY 2009.
 
(Sec. 1824) Amends the Clean Air Act to require the appropriate metropolitan planning organization to redetermine by a certain deadline the conformity of existing transportation plans and programs with a State implementation plan for national primary and secondary ambient air quality standards. Sets forth: (1) a time horizon for conformity determinations; and (2) criteria under which transportation control measures in an implementation plan may be replaced with substitute measures. Declares that a transportation plan shall lapse if a required conformity determination is not made by the applicable deadline, and such failure is not corrected by: (1) additional measures to reduce motor vehicle emissions sufficiently to demonstrate compliance with specified requirements within 12 months after such deadline; or (2) other measures sufficient to correct such failures. 
 
(Sec. 1825) Cites criteria by which a community is deemed eligible to participate in the western Alaska community development quota program established under the Magnuson-Stevens Fishery Conservation and Management Act. 
 
(Sec. 1826) Directs the Secretary to enter into an agreement with a partnership composed of two institutions of higher learning to study metropolitan regional freight and passenger transportation and system-wide performance using an interdisciplinary technique of supply chain management, geographic information systems, and urban/suburban planning and management. 
 
(Sec. 1827) Declares that any Federal and non-Federal share provided for the Port of Anchorage, Alaska, for an intermodal transportation marine facility, or for access to that facility, shall be transferred to and administered by the Administrator of the Maritime Administration. 
 
(Sec. 1828) Amends the Federal-aid highways program to declare advanced truck stop electrification systems eligible for funding under the surface transportation program and under the congestion mitigation and air quality improvement program. Defines advanced truck stop electrification system as a stationary system that delivers heat, air conditioning, electricity, and communications, and is capable of providing verifiable evidence of use of those services, to a heavy-duty vehicle and any of its occupants without relying on components mounted onboard the vehicle for delivery of those services. 
 
(Sec. 1829) Encourages States to consider using a nondestructive technology able to detect cracks including subsurface flaws as small as 0.005 inches in length or depth in steel bridges.
 
(Sec. 1830) Amends the Intermodal Surface Transportation Efficiency Act of 1991 to extend through FY 2009 the exemption from axle weight restrictions granted to over-the-road buses and intrastate public agency transit passenger buses. 
 
(Sec. 1831) Directs the Secretary, acting through the Administrator of the Federal Highway Administration, to appoint a Motorcyclist Advisory Council to coordinate with and advise the Administrator on infrastructure issues of concern to motorcyclists, including: (1) barrier design; (2) road design, construction, and maintenance practices; and (3) the architecture and implementation of intelligent transportation system technologies.
 
(Sec. 1832) Requires monetary judgments accruing to the Government from judgments in Federal criminal prosecutions and civil proceedings pertaining to fraud in Federally funded highway and public transportation projects and programs to be credited either to the Federal account from which the project or program funds came from, or to the State or other recipient of such funds.
 
(Sec. 1833) Makes advanced truck stop electrification systems an eligible activity under the Congestion Mitigation and Air Quality Improvement (CMAQ) Program.
 
(Sec. 1834) Expresses the sense of Congress that: (1) the Buy America test needs to be applied to an entire bridge project and not only to its component parts; (2) the law clearly states that domestic materials must be used in Federal highway projects unless there is a finding that their inclusion 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) as the Nation's unemployment rate continues to hover around 5.6 percent, steps are needed to protect American workers and the domestic bridge building industry; and (5) the Buy America Act was designed to ensure that, when taxpayer money is spent on direct Federal Government procurement and infrastructure projects, these expenditures stimulate U.S. production and job creation. 
 
(Sec. 1835) Directs the Secretary to make a grant to, or enter into a cooperative agreement or contract with, a national organization representing architects with expertise in the design of a wide range of transportation and infrastructure projects to conduct a study on the role of well-designed transportation projects in promoting community enhancement. Earmarks funds for such study for FY 2005 and 2006.
 
(Sec. 1836) Expresses the sense of Congress that Federal transportation projects should encourage the collaboration between interested persons to help leverage scarce training and community resources and local participation in the building of transportation projects.
 

Title II: Highway Safety
 - (Sec. 2001) Authorizes appropriations for FY 2004 through 2009 for highway safety programs, including: (1) occupant protection incentive grants; (2) alcohol-impaired driving countermeasures incentive grants; (3) grants to States for traffic safety information improvements; (4) the National Driver Register; and (5) the high visibility enforcement program.
 
(Sec. 2005) Directs the Secretary to establish a program to support national impaired driving mobilization and enforcement efforts and national safety belt mobilization and enforcement, including the purchase of national paid advertisement (including production and placement) to support such efforts.
 
(Sec. 2006) Requires the Secretary to study and report to Congress on the causes of motorcycle crashes.
 
(Sec. 2007) Directs the Secretary to make grants to States that enact or have enacted and are enforcing a law requiring that children in passenger motor vehicles who are too large for a child safety seat be secured in a child restraint that meets the requirements prescribed by the Secretary under Anton's Law. Authorizes appropriations through FY 2009.
 
(Sec. 2008) Directs the Secretary to make grants to States that adopt and implement effective programs to reduce the number of single-and multi-vehicle crashes involving motorcyclists. Authorizes appropriations through FY 2009.
 
(Sec. 2009) Amends Federal highway safety law to require uniform State highway safety guidelines to include programs to reduce deaths and injuries resulting from persons driving motor vehicles while fatigued.
 
(Sec. 2010) Authorizes appropriations for FY 2004 through 2009 for highway safety research and development (R&D).
 
(Sec. 2011) Directs the Secretary to: (1) collect data and compile statistics on accidents involving motor vehicles being backed up that result in fatalities and injuries and that occur on public and nonpublic roads, residential and commercial driveways, and parking facilities; and (2) report on them to Congress.
 
(Sec. 2012) Directs the Secretary to study and report to Congress on the risks associated with glare to oncoming drivers, including increased risks to drivers on two-lane highways, increased risks to drivers over the age of 50, and the overall effects of glare on driver performance.
 

Title III: Federal Transit Administration Programs
 - Federal Public Transportation Act of 2005 - (Sec. 3002) Amends Federal transportation law to revise requirements for metropolitan and statewide public transportation planning programs. 
 
(Sec. 3003) Provides for capital projects for: (1) intercity bus stations and terminals; (2) crime prevention and security; and (3) establishment of a debt service reserve.
 
(Sec. 3004) Requires metropolitan and statewide planning grant programs to conform to the transportation planning requirements of title VI of this Act.
 
(Sec. 3006) Replaces current requirements for transportation management areas.
 
Authorizes the Secretary to provide assistance for: (1) the development of transportation plans and programs; (2) planning, engineering, design, and evaluation of a public transportation project; and (3) other technical studies. Instructs the Secretary to ensure that implementing funds 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.
 
Prescribes requirements for allocations of funds to States for the metropolitan planning program and the State planning and research program. Limits the Federal share of costs to 80 percent unless the Secretary determines that waiving a State or local match in the Federal interest.
 
(Sec. 3008) Revises requirements for the Urbanized Area Formula Grants program. Requires the recipient of a grant in an area of over 200,000 population to spend one percent of it on transit enhancement activities, and certify that expenditure.
 
Requires grant recipients to certify their legal, financial, and technical capacity for the safety and security aspects of their projects.
 
Permits recipients to use as a local match any amounts received under service agreements with a State, local social service agency, or private social service organizations.
 
Makes annual audits of recipients of Federal grants of $300,000 or less optional instead of (as currently) mandatory.
 
Declares that non-supervisory transit employees in an urbanized area of under 200,000 are exempt from the Hatch Act if it applies only because the employees' salaries are funded through Federal grants.
 
Treats the U.S. Virgin Islands as an urbanized area eligible for a transit formula grant.
 
 (Sec. 3009) Revises requirements for the clean fuels formula grant bus procurement program.
 
(Sec. 3010) Revises requirements for capital investment grants (including major grants of $75 million or more and small start grants of under $75 million) for new fixed guideway capital projects (new starts), fixed guideway modernization (rail modernization), and bus and bus-related facilities. Repeals guidelines governing loans for real property interests.
 
Requires the set aside of specified amounts for: (1) new fixed guideway capital projects in Alaska or Hawaii intended for ferry boats or ferry terminal facilities, or for approaches to ferry terminal facilities; and (2) a certain national fuel cell bus technology development program.
 
(Sec. 3011) Revises requirements for formula grants targeting special needs of elderly individuals and individuals with disabilities.
 
Prescribes an apportionment and transfer process that includes an apportionment formula for low elder-density States. 
 
Expands grant requirements to include coordination with nonprofit providers, including representatives of public, private, and nonprofit transportation and human services providers as well as participation by the public.
 
(Sec. 3012) Revises the authority for formula grants for non-urbanized areas to specify grants for public transportation capital projects, as well as operating costs and services acquisition. Limits direct transit program grant recipients to States, which may make subgrants to subrecipients, including State or local government authorities, nonprofit organizations, or operator of public transportation services. Revises apportionment guidelines, including those for particularly low density States. Permits the Government's share of costs to rise above 80 percent, according to a specified formula, in States containing a significant percentage of nontaxable Indian lands, individual and tribal lands, public domain lands, national forests, and national parks and monuments.
 
(Sec. 3013) Authorizes the Secretary to enter into transactions (in addition to currently authorized agreements) to improve transportation service (either urban, as currently, or rural) that include both deployment projects and evaluation of technology of national significance.
 
(Sec. 3017) Codifies the Job Access and Reverse Commute (JARC) grant program of the TEA-21.
 
(Sec. 3018) Authorizes the Secretary to make New Freedom formula grants for new public transportation services and alternatives for individuals with disabilities beyond those required by the Americans with Disabilities Act of 1990, including transportation to and from jobs and employment support services.
 
(Sec. 3019) Eliminates the bus testing revolving loan fund. Requires the Secretary to maintain the bus testing facility (in Altoona, Pennsylvania).
 
(Sec. 3020) Provides for bicycle facility projects in the Transit in the Parks pilot program to be established under the next section.
 
(Sec. 3021) Replaces the suspended light rail system technology pilot project with requirements for the Secretary and the Secretary of the Interior to enter into a memorandum of understanding to establish a Transit in the Parks pilot program to promote the development of transportation systems within the National Park System.
 
(Sec. 3023) Revises enforcement requirements for violations of conditions on charter bus transportation service and schoolbus transportation. Directs the Secretary to bar violators from receiving Federal transit assistance in an amount the Secretary considers appropriate if the Secretary finds a pattern to such violations. (Currently all such assistance must be barred.)
 
Permits a recipient of Federal financial assistance to use such proceeds from the issuance of revenue bonds as part of the local matching funds for a capital project.
 
Directs the Secretary to issue a final rule on implementation of Buy America requirements to provide that any waiver from such requirements for a microprocessor, computer, or microcomputer shall apply only to a device used solely to process or store data and does not extend to products containing a microprocessor, computer, or microcomputer.
 
(Sec. 3025) Requires recipients of Federal funds to conduct all procurement transactions involving such assistance in a manner providing full and open competition, as determined by the Secretary.
 
Provides for Federal financial assistance for design-build system projects.
 
(Sec. 3026) Increases the funds available for project management oversight and review. 
 
(Sec. 3027) Revises requirements for investigations of safety hazards.
 
(Sec. 3028) Applies specified requirements for the withholding of amounts for noncompliance with safety requirements to any States designing rail fixed guideway mass transportation systems that will not be subject to regulation by the Federal Railroad Administration (FRA). (Currently they apply only to those States that already have systems not subject to FRA regulation.)
 
(Sec. 3029) Grants the Secretary discretion to decide that a form of public transportation is covered adequately, for employee alcohol and controlled substances testing purposes, under the alcohol and controlled substance statutes or regulations of an agency within the DOT or the Coast Guard.
 
(Sec. 3031) Terminates the authority of the Secretary of Housing and Urban Development to make research, development, demonstration project, investigation, and training grants related to urban transportation systems and planned development of urban areas.
 
Prohibits the Secretary from regulating the operation, routes, or schedules of a federally funded public transportation system, including the charges imposed by a provider of public transportation. 
 
(Sec. 3034) Revises requirements governing: (1) formula grants; (2) capital program grants; (3) grants for planning and research; (4) University Transportation Research; and (5) Trust Fund and General Fund Capital Program Grants.
 
(Sec. 3035) Increases from 50 to 80 percent the Federal funding share for the over-the-road bus accessibility program.
 
(Sec. 3037) Authorizes specified new fixed guideway capital projects for final design and construction or alternatives analysis and preliminary engineering.
 
(Sec. 3038) Directs the Secretary to make specified funds available for designated bus projects and bus-related facilities. 
 
(Sec. 3039) Directs the Secretary to establish a national fuel cell bus technology development program to facilitate development of commercially viable fuel cell bus technology and related infrastructure.
 
(Sec. 3040) Directs the Secretary to make high-intensity small-urbanized area formula capital and operating grants to areas with a population of less than 200,000 that meet or exceed in one or more performance categories the industry average for all urbanized areas with a population of between 200,000 and 999,999. Earmarks funds for FY 2005 through 2009.
 
(Sec. 3041) Provides allocations through FY 2009 for national research and technology programs, including: (1) safety and emergency preparedness; (2) equipment and infrastructure; (3) public transportation operations efficiency; (4) energy independence and environmental protection (including establishment of a national center for transit-oriented development); (5) mobility management (including a transportation equity research and demonstration program and a cognitive impairment study on the capacity and resources of Oregon public transportation systems to address the needs, barriers, and desires for travel of people with cognitive impairments); (6) public transportation capacity building (including a transit career ladder training program); and (7) strategic planning and performance measures.
 
Directs the Secretary to enter into an agreement with the National Academy of Sciences to study and report to Congress on: (1) the value major public transportation systems serving the 38 urbanized areas with a population of over one million provide to the Nation's security; and (2) the ability of such systems to accommodate the evacuation, egress, or ingress of people to or from critical locations in times of emergency.
 
(Sec. 3043) Directs the Secretary to review the use of cooperative procurement in the mass transit program.
 
(Sec. 3044) Sets forth a total obligation ceiling for FY 2004 through 2009 for the national research and technology program under the Federal Transit Administration programs.
 
(Sec. 3045) Directs the Secretary to reduce the amount apportioned to each urbanized area for fixed guideway modernization for FY 2005 to reflect a certain statutory apportionment formula.
 
 

Title IV: Motor Carrier Transportation and Safety - Subtitle A: Commercial Motor Vehicle Safety 
- (Sec. 4101) Authorizes appropriations through FY 2009 for the Federal Motor Carrier Safety Administration, including grant programs for: (1) commercial driver's license program improvement; (2) border enforcement; (3) performance and registration information system management; and (4) commercial vehicle information systems and networks deployment.
 
(Sec. 4102) Modifies the State plan procedures and contents required for State eligibility to receive Federal grants for commercial motor carrier safety. Authorizes appropriations through FY 2009.
 
(Sec. 4103) Authorizes the Secretary to make border enforcement grants to States sharing a land border with another country (Canada or Mexico) for carrying out border commercial motor vehicle safety programs and related enforcement activities and projects.
 
(Sec. 4104) Authorizes the Secretary to make a grant to a State to comply with Federal requirements for or improve a commercial driver's license program.
 
(Sec. 4105) Amends the Federal judicial code (and the portion known as the Hobbs Act) to subject all Federal commercial motor carrier safety, operators, and motor carrier safety law and regulations to the exclusive jurisdiction of the appropriate U.S. Court of Appeal.
 
(Sec. 4106) Establishes a civil penalty of $1,000 per offense for denying the Secretary access to records or property with respect to commercial motor carrier safety and operators.
 
(Sec. 4107) Amends Federal transportation law to instruct the Administrator of the Federal Motor Carrier Safety Administration to establish a Medical Review Board to provide medical advice and recommendations on driver qualification medical standards and guidelines, medical examiner education, and medical research.
 
(Sec. 4108) Increases penalties for reporting and recordkeeping violations and for violations of out-of-service orders. 
 
(Sec. 4109) Directs the Secretary to make grants to eligible States for the core deployment of commercial vehicle information systems and networks. 
 
Amends TEA-21 to repeal the Commercial Vehicle Intelligent Transportation System Infrastructure Deployment program.
 
(Sec. 4110) Amends Federal transportation law to require the Secretary to use the accident and safety inspection record of an owner or operator of commercial motor vehicles to determine fitness to operate one safely. Prohibits a commercial motor vehicle owner or operator from operating in interstate commerce if it has been barred by a State from operating in intrastate commerce, until the Secretary determines such owner or operator is fit.
 
Authorizes the Secretary to make grants to States and local governments for new entrant motor carrier audits without requiring a matching contribution from such States or local governments.
 
(Sec. 4111) Authorizes the Secretary to suspend, amend, or revoke any part of the registration of a motor carrier if such person engages in a pattern or practice of avoiding compliance, or concealing noncompliance, with commercial motor vehicle safety regulations.
 
(Sec. 4112) Directs the Secretary to establish and implement a motor carrier research and technology program that includes a multi-year research plan focusing on nonredundant innovative research. Prescribes procedural guidelines for research, development, and technology transfer activities. Limits the Federal share of costs to 50 percent, unless there is substantial public interest or benefit associated with an activity.
 
(Sec. 4113) Authorizes the Secretary to use specified funds to participate and cooperate in international activities to enhance motor carrier, driver, and highway safety by such means as exchanging information, conducting research, and examining needs, best practices, and new technology.
 
(Sec. 4114) Revises requirements for design, participation, and funding for commercial vehicle safety information systems.
 
Authorizes the Secretary to make grants to States to implement performance and registration information system management requirements.
 
(Sec. 4115) Requires the Secretary to maintain data analysis capacity and programs that establish and implement a national motor carrier safety data correction system.
 
(Sec. 4116) Prohibits a States from prescribing or enforcing a regulation of commerce that imposes a vehicle length limitation of not less than or more than 97 feet on a drive-away saddlemount with fullmount vehicle transporter combinations.
 
(Sec. 4117) Repeals current requirements for State registration of motor carriers.
 
(Sec. 4118) Authorizes the Secretary to register a person to provide service as a freight forwarder (other than a freight forwarder of household goods) upon finding that such registration is needed for the protection of shippers.
 
(Sec. 4119) Requires deposit into the Highway Trust Fund (other than the Mass Transit Account), instead of the Treasury as miscellaneous receipts, of civil penalties for violations of requirements for minimum levels of financial responsibility for transporting passengers or property.
 
(Sec. 4120) Directs the Secretary to conduct an outreach and education program administered by the Federal Motor Carrier Safety Administration and the National Highway Traffic Safety Administration.
 
(Sec. 4121) Prohibits the Secretary from requiring certain diabetics who are applying for an exemption from the physical qualification standards to have experience operating commercial motor vehicles while using insulin in order to be exempted from such standards to operate a commercial motor vehicle in interstate commerce.
 
Directs the Secretary to require such individuals to have a minimum period of insulin use to demonstrate stable control of diabetes before operating a commercial motor vehicle in interstate commerce.
 
(Sec. 4122) Directs the Secretary to establish a grant program for training commercial motor vehicle operators in the safe use of such vehicles. Provides funding for FY 2005 through 2009.
 
(Sec. 4123) Directs the Secretary to establish a commercial motor vehicle safety advisory committee .
 
(Sec. 4124) Directs the Secretary to make grants to States to improve the commercial motor vehicle safety data reported to the Secretary. Authorizes appropriations through FY 2009.
 
(Sec. 4125) Authorizes the Secretary make a grant to a State to modernize its commercial driver's license information system if the State is in substantial compliance with certain prerequisites. Instructs the Secretary to publish a comprehensive national plan to modernize the system. Authorizes a three-year pilot program in up to three States. Authorizes appropriations through FY 2009.
 
(Sec. 4126) Amends the National Highway System Designation Act of 1995 (NHSDA) to provide that no additional off-duty time shall be required in order to operate ground water well drilling rigs.
 
(Sec. 4127) Directs the Secretary to provide persons conducting preemployment screening services for the motor carrier industry electronic access to the following reports contained in the Motor Carrier Management Information System: (1) commercial motor vehicle accident reports; (2) inspection reports that contain no driver-related safety violations; and (3) serious driver-related safety violation inspection reports.
 
(Sec. 4128) Directs the Secretary to issue regulations establishing a program to ensure the safety of intermodal equipment used to transport intermodal containers. Authorizes the Secretary to inspect intermodal equipment, and copy related maintenance and repair records, on demand and display of proper credentials to inspect such equipment. Grants the Secretary jurisdiction over related commercial motor vehicle safety matters with respect to intermodal equipment, including trailers, chassis, and associated devices commonly used for the transportation of intermodal freight via highway. 
 
(Sec. 4129) Directs the Secretary to conduct a rulemaking to permit State licensed or certified mental health counselors, State licensed or certified marriage and family therapists, or addiction specialists certified by the American Academy of Health Care Providers in the Addictive Disorders to act as substance abuse professionals.
 
(Sec. 4130) States that Federal motor carrier safety regulations that apply to Interstate operations of commercial motor vehicles used to transport between nine and 15 passengers (including the driver) shall apply to all Interstate operations of such carriers regardless of the distance traveled.
 
(Sec. 4131) Amends the NHSDA to provide that Federal safety regulations, including hours of service, shall not apply to a driver of a utility service vehicle. Prohibits State and local governments from enacting any similar requirements.
 
(Sec. 4133) Amends Federal transportation law to direct the Secretary to consider the safety record of a motor carrier or operator while operating in interstate, intrastate, and Canadian and Mexican commerce when determining whether the carrier or operator is fit to operate a commercial motor vehicle.
 
(Sec. 4135) States that the maximum daily hours of service for an operator of a commercial motor vehicle providing transportation of property or passengers to or from a theatrical or television motion picture production site located within a 100 air mile radius of the operator's work reporting location shall be those in effect under specified regulations effective as of April 27, 2003.
 

Subtitle B: Household Goods Transportation
 - (Sec. 4201) States that the Federal preemption of State regulation of motor carriers does not apply to intrastate transportation of household goods.
 
Empowers State attorneys general to bring civil actions on behalf of residents to enforce a Federal regulation.
 
(Sec. 4202) Amends Federal transportation law with respect to the requirement that a household goods carrier agree to offer arbitration to household goods shippers to settle disputes concerning damage or loss to the household goods transported. Extends such requirement to arbitration to determine whether carrier charges, in addition to those collected at delivery, must be paid by the shipper for transportation and services related to the transportation of household goods.
 
Increases the threshold for binding arbitration from $5,000 to $10,000.
 
Adds as one of the alternative conditions for the award of reasonable attorney's fees in any court action between a carrier and a shipper that the shipper was not advised by the carrier during the claim settlement process that a dispute settlement program was available to resolve the dispute.
 
(Sec. 4203) Sets forth civil and criminal penalties for: (1) a household goods transportation broker's making an estimate of the transportation costs before entering an agreement with a carrier; and (2) transportation of household goods or provision of related broker services without registration. 
 
(Sec. 4204) Prescribes civil and criminal penalties for carriers or brokers who hold household goods hostage.
 
(Sec. 4205) Directs the Secretary to establish a working group of State attorneys general, State consumer protection administrators, and Federal and local law enforcement officials in order to enhance Federal-State enforcement efforts, exchange of information, and coordination of enforcement efforts regarding interstate transportation of household goods.
 
(Sec. 4206) Directs the Secretary to: (1) take necessary action to ensure prominent display on the DOT website of the publication entitled &quot;Your Rights and Responsibilities When You Move;&quot; and (2) modify certain regulations to require a broker subject to them to provide shippers with specified information whenever they have contact with a shipper or potential shipper.
 
(Sec. 4208) Directs the Secretary to: (1) establish a filing system for consumer complaints relating to motor carriers providing transportation of household goods and for compiling complaint information on such carriers gathered by DOT and the States, a database of the complaints, and a procedure for the public access to aggregated information and for carriers to challenge information in the database; and (2) issue regulations requiring each motor carrier of household goods to submit specified data on a quarterly basis.
 
(Sec. 4209) Directs the Secretary to review and revise Federal regulations regarding insurance coverage provided by motor carriers of household goods to provide enhanced protection for shippers.
 
(Sec. 4210) Amends Federal transportation law with respect to an estimate of charges provided to a prospective shipper by a motor carrier providing transportation of household goods. Makes the provision of such an estimate mandatory (currently it is discretionary, upon request by the prospective shipper). Requires a motor carrier to: (1) conduct, before making the estimate, a physical survey of the household goods to be transported on behalf of a prospective individual shipper; and (2) provide the shipper with a written estimate of transportation and services charges, including whether the estimate is binding (which may carry a charge) or nonbinding (which may not carry a charge). Authorizes a shipper to waive the physical survey before the shipment is loaded.
 
(Sec. 4211) Directs the Comptroller General to study and report to certain congressional committees on: (1) current consumer protection authorities and actions of the DOT; and (2) the impact on shippers and carriers of household goods in interstate transportation of allowing State attorneys general to apply State consumer protection laws to such transportation.
 
(Sec. 4212) States that Federal law regarding the transportation of household goods shall only apply to motor carriers of household goods (including such services as binding and nonbinding estimates, inventorying, protective packing and unpacking of individual items, and loading and unloading at personal residences).
 
(Sec. 4213) Sets forth criminal penalties for household goods motor carriers who violate out-of-service orders and who hold household goods hostage.
 

Title V: Transportation Research and Education - Subtitle A: Funding
 - Authorizes appropriations for FY 2004 through 2009 for the following programs, with a Federal share of 50 percent: (1) surface transportation research, development, and deployment program; (2) training and education; (3) Bureau of Transportation Statistics; (4) university transportation research; (5) intelligent transportation systems (ITS) research; and (6) ITS deployment.
 
(Sec. 5102) Specifies an increasing obligation ceiling upon such appropriations for each fiscal year.
 
(Sec. 5103) Declares that Congress finds that it is in the U.S. interest to increase the Federal investment in transportation R&D (including research in critical research gaps) in order to ensure that the transportation system meets the goals of safety, mobility, economic vitality, efficiency, equity, and environmental protection.
 

Subtitle B: Research, Technology, and Education
 - (Sec. 5201) Amends Federal highway law to revise requirements for the highway research, technology, and education program, including: (1) basic principles governing research and technology investments; (2) procurement for research, development, and technology transfer activities; (3) a transportation pooled fund program; and (4) an exploratory advanced research program. 
 
Directs the Secretary to: (1) operate in the Federal Highway Administration the Turner-Fairbank Highway Research Center; and (2) establish a 20-year long-term pavement performance program. Earmarks funds for the latter program for FY 2004 through 2009.
 
(Sec. 5202) Directs the Secretary to establish a 20-year long-term bridge performance program. Earmarks funds for FY 2004 through 2009.
 
Revises the Innovative Bridge Research and Deployment Program. Earmarks FY 2004 through 2009 funds for the program and for high performance concrete bridge technology research and deployment.
 
(Sec. 5203) Modifies the surface transportation environment and planning cooperative research program to direct the Secretary to make it a collaborative, public-private surface transportation environment and planning cooperative program. Makes the advisory committee responsible for program oversight and project selection. Requires the Secretary to enter an agreement with the National Academy of Sciences to carry out related administrative and management activities. Requires the program to include: (1) a national research agenda; (2) open competition and peer review of research proposals; (3) research evaluation; and (4) dissemination of findings to researchers, practitioners, and decisionmakers. Earmarks funds for FY 2004 through 2009.
 (Sec. 5204) Modifies the technology deployment program. Directs the Secretary to: (1) make grants to, and enter into cooperative agreements and contracts with, States, other Federal agencies, universities and colleges, private sector entities, and nonprofit organizations to pay the Federal share of the cost of research, development, and technology transfer activities concerning innovative materials; (2) ensure that the information and technology resulting from research is made available to State and local transportation departments and other interested parties; (3) implement an innovative pavement research and deployment program; and (4) obligate funds through FY 2009 to conduct research to improve asphalt pavement, concrete pavement, and aggregates used in highways on the NHS. Earmarks funds for FY 2004 through 2009. 
Directs the Secretary to: (1) establish and implement a program to demonstrate the application of innovative technologies in highway safety; and (2) ensure that the information and technology resulting from such research is made available to State and local transportation departments.
 
Earmarks funds for FY 2004 through FY 2009. Makes funds available: (1) to purchase promotional items of nominal value for use in personnel recruitment and to promote programs of the Federal Highway Administration; and (2) for a demonstration of the durability and potential efficacy of wood composite materials in multimodal transportation facilities (with a 100 percent Federal share of costs).
 
(Sec. 5205) Modifies general course requirements for the training and education components offered by the National Highway Institute.
 
Modifies the Local Technical Assistance Program to provide that: (1) a Federal grant may be used to pay up to 50 percent of local technical assistance program costs; (2) funds available for technology transfer and training purposes may be used to cover the remaining 50 percent of the program costs; (3) the Federal share of the cost of activities carried out by the tribal technical assistance centers shall be 100 percent; (4) specified funds shall be available for the Eisenhower Transportation Fellowship Program; and (5) the Secretary shall establish the Garrett A. Morgan Technology and Transportation Education Program, including a transportation education development pilot program.
 
Authorizes Federal and State funding for surface transportation workforce development, training, and education.
 
Amends TEA-21 to provide that certain intelligent transportation system projects that involve privately owned intelligent transportation system components, and that are implemented using funds from the HTF, shall not be subject to State law or regulation prohibiting or regulating commercial activities in the rights-of-way of a highway funded out of the HTF.
 
(Sec. 5206) Directs the Secretary to establish a freight planning capacity building initiative to support enhancements in freight transportation planning. States that the Federal share of costs shall be up to 100 percent. Earmarks funds for FY 2004 through 2009.
 
(Sec. 5207) Directs the Secretary to: (1) accelerate deployment of the Transportation Analysis Simulation System (TRANSIMS) developed by the Los Alamos National Laboratory; (2) establish and support a national cooperative freight transportation research program; (3) establish and implement the future strategic highway research program; (4) fund and carry out a project to further the development of a comprehensive transportation safety information management system (TSIMS); and (5) establish a surface transportation congestion solutions research initiative to assist State transportation departments and metropolitan planning organizations to address surface transportation congestion problems. Earmarks funds for FY 2004 through 2009, except for the TSIMS project, for which funds are provided only for FY 2004 and 2005.
 
(Sec. 5212) Directs the Secretary to study and report to Congress on: (1) inefficiencies in freight transportation;(2) the safety, productivity, and reduced cost improvements that may be achieved through the use of wireless technologies to address those inefficiencies; and (3) field tests demonstrating such technologies. Earmarks funds for FY 2004 through 2009.
 
(Sec. 5213) Amends Federal highway law relating to highways research and technology programs. Revises requirements for the Secretary's five-year transportation R&D strategic plan to guide Federal transportation research and development activities. Repeals the specific mandate for an integrated surface transportation research and technology development strategic plan.
 
(Sec. 5214) Subjects claims against the National Academy of Sciences for damages arising from activities under the future strategic highway research program to the same limitations and exceptions applicable to claims against the United States.
 
(Sec. 5215) Directs the Secretary to establish a Center for Transportation Advancement and Regional Development to assist the development of rural and small metropolitan transportation systems.
 

Subtitle C: University Transportation Research; Scholarship Opportunities
 - (Sec. 5301) Amends Federal transportation law to eliminate the limitation to one national university transportation research center in each of the ten Federal regions that constitute the Standard Federal Regional Boundary System (thus allowing the Secretary to make any number of such grants to eligible nonprofit institutions of higher education).
 
Requires each such center to advance significantly transportation research on critical national transportation issues and to expand the transportation professionals workforce.
 
Requires the Secretary to make a grant of up to $3.5 million in each of FY 2004 through 2009.
 
(Sec. 5302) Replaces the current advanced vehicle technologies program with a program of grants to nonprofit institutions of higher learning to establish and operate university transportation centers, including; (1) ten regional centers; (2) ten Tier I centers; and (3) ten Tier II centers.
 
(Sec. 5303) Authorizes the Secretary to establish and implement a scholarship program to attract qualified students for transportation-related critical jobs.
 

Subtitle D: Advanced Technologies
 - (Sec. 5401) Directs the Secretary to conduct research, development, demonstration, and testing to integrate emerging advanced heavy-duty vehicle technologies. 
 
Authorizes the Secretary to make grants and enter into cooperative agreements and other transactions with Federal and other public agencies and persons to implement the advanced heavy-duty vehicle technologies research program. Authorizes appropriations for FY 2004 through 2009
 
(Sec. 5402) Directs the Secretary to: (1) establish a program to validate commercial remote sensing products and spatial information technologies for application to national transportation infrastructure development and construction; (2) establish a national policy for the use of such products and technologies in national transportation infrastructure development and construction; and (3) develop new applications of such products and technologies to implement such policy. Earmarks funds for FY 2004 through 2009.
 

Subtitle E: Transportation Data and Analysis 
- (Sec. 5501) Revises requirements for the Bureau of Transportation Statistics. Modifies the responsibilities of the Director.
 
Makes the Director responsible for building and disseminating the transportation layer of the National Spatial Data Infrastructure.
 
Directs the Secretary to arrange with the National Research Council to develop and publish a National Transportation Information Needs Assessment.
 
Sets forth fines for the failure or refusal of certain persons to answer questions or make records or statistics about collected freight data available upon request to the Director or other authorized Bureau staff or contractor.
 
Establishes an Advisory Council on Transportation Statistics to advise the Director.
 
(Sec. 5502) Sets forth limits on the use of reports of the Bureau of Transportation Statistics.
 

Subtitle F: Intelligent Transportation Systems Research
 - Intelligent Transportation Systems Act of 2005 - (Sec. 5603) Directs the Secretary to conduct an ongoing intelligent system transportation program to research, develop, and test intelligent transportation systems and advance their nationwide deployment as a component of the U.S. surface transportation systems.
 
Directs the Secretary to: (1) maintain a repository (clearinghouse) for technical and safety data collected as a result of federally sponsored projects; and (2) establish an Advisory Committee.
 
(Sec. 5604) Directs the Secretary to develop a national architecture and supporting standards and protocols to promote the widespread use and evaluation of intelligent transportation system technology. Authorizes development of provisional standards, until final standards are adopted, in order to achieve specified objectives in a timely fashion.
 
(Sec. 5605) Requires the Secretary to carry out a comprehensive program of intelligent transportation system research, development, and operational tests of intelligent vehicles and intelligent infrastructure systems and other similar activities.
 
(Sec. 5607) Directs the Secretary to establish a road weather R&D program to enhance the development and use of road weather information and technologies. 
 
(Sec. 5609) Directs the Secretary to study and report to Congress on the feasibility of installing fiber optic cabling and wireless communication infrastructure along multistate Interstate System route corridors in order to achieve improved communications services to rural communities along such corridors.
 
(Sec. 5610) Directs the Secretary to establish three centers for surface transportation excellence in the areas of environment, rural safety, and project finance. Authorizes appropriations for FY 2004 through 2009.
 
(Sec. 5611) Amends TEA-21 to repeal the Intelligent Transportation Systems Act of 1998.
 

Title VI: Transportation Planning and Project Delivery 
- (Sec. 6001) Amends Federal transportation law to provide for a common transportation planning program administered by the Federal Highway Administration and the Federal Transit Administration.
 
Requires the designation of a metropolitan planning organization (MPO) for each urbanized area with a population of more than 50,000 individuals: (1) by agreement between the Governor and units of general purpose local government that together represent at least 75 percent of the affected population (including the largest incorporated city as named by the Bureau of the Census); or (2) in accordance with procedures under State or local law.
 
Requires each MPO to develop long-range transportation plans and transportation improvement programs (TIPs) for metropolitan planning areas (MPAs) of the State.
 
Requires an MPO and the State Governor to determine the boundaries of an MPA. Allows retention of the boundaries of an MPA designated under the Clean Air Act as a nonattainment area for ozone or carbon monoxide.
 
Grants the consent of Congress to: (1) any two or more States to enter into agreements or compacts for cooperative efforts and mutual assistance in support of pertinent activities, and to establish agencies, joint or otherwise, for making the agreements and compacts effective; and (2) the States of California and Nevada to designate an MPO for the Lake Tahoe region.
 
Requires each MPO to: (1) prepare and update quadrennially a transportation plan for its MPA in accordance with specified requirements; and (2) develop and update quadrennially a TIP for its MPA.
 
Directs the Secretary to identify as a transportation management area (TMA) each urbanized area with a population of over 200,000 individuals.
 
Declares that projects, carried out within the boundaries of an MPA serving a TMA, on the NHS, and projects carried out within such boundaries under the bridge program or the Interstate maintenance program, shall be selected for implementation from the approved TIP by the State in cooperation with the designated MPA.
 
Directs each State to develop a statewide transportation plan and a statewide TIP for all areas subject to this Act, in coordination with other related transportation planning activities. Grants the consent of Congress to any two or more States to enter into agreements or compacts for cooperative efforts and mutual assistance in support of such activities, and to establish authorities for making the agreements and compacts effective.
 
Requires each State to develop: (1) a long-range statewide transportation plan, with a minimum 20-year forecast period for all areas of the State, that provides for the development and implementation of the State's intermodal transportation system; and (2) a statewide TIP.
 
(Sec. 6002) Declares that specified Enlibra principles, as initially developed by the Western Governors Association and adopted by the National Governors Association, represent a sound basis for interaction among the Federal, State, local governments, and Indian tribes on environmental matters and should be followed in the development of highway construction and public transit improvements. 
 
Amends Federal transportation law to set forth procedural guidelines for project developments that require an environmental impact statement under the National Environmental Policy Act of 1969 (NEPA).
 
Declares DOT as the Federal lead agency in an environmental review process for a project.
 
Designates as joint lead sponsor with DOT, for purposes of preparing any environmental document under NEPA, any project sponsor that is a either a State or local governmental recipient of Federal-aid highway funds or Federal mass transportation funds. 
 
(Sec. 6003) Amends Federal transportation and highway law to deem special rules for historic sites satisfied if: (1) treatment of a historic site has been agreed upon in accordance with a certain section of the National Historic Preservation Act; and (2) the agreement includes a determination that the program or project will not have an adverse effect upon such site.
 
(Sec. 6004) Amends Federal highway law to exempt the Interstate System from being considered a historic site under Federal transportation law, regardless of whether the System or portions of it are eligible for or listed upon the National Register of Historic Places.
 

Title VII: Hazardous Materials Transportation 
- (Sec. 7004) Amends Federal transportation law with respect to transportation of hazardous materials. Subjects to regulations for safe transportation any person that: (1) designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs, or tests a package or container that is represented, marked, certified, or sold by that person as qualified for use in transporting hazardous material in commerce; (2) prepares or accepts hazardous material for transportation in commerce; (3) is responsible for the safety of transporting hazardous material in commerce; (4) certifies compliance with any requirement of such law; or (5) misrepresents whether the person is engaged in any of these and other specified activities.
 
(Sec. 7005) Directs the Secretary to prescribe uniform standards governing collection, transmission, and review of background information checks for hazmat licenses (including licenses for transportation of any chemical or biological material or agent determined to be a threat to U.S. national security). Requires operators registered in Mexico and Canada to undergo such background checks.
 
(Sec. 7008) Directs the Secretary to: (1) ensure that maintenance-of-way employees and railroad signalmen receive specified general awareness/familiarization training and safety training; and (2) impose a $25 fee upon certain persons otherwise exempt from paying a fee, but required to register.
 
(Sec. 7009) Reduces from $5,000 to $3,000 the maximum annual fee chargeable to a hazardous material registrant.
 
(Sec. 7011) Repeals the requirement that the air brake equipment support attachments of a rail tank car built before 1971 comply with specified standards if the car is used to transport hazardous material in commerce.
 
(Sec. 7012) Subjects to certain civil and criminal penalties any owners or operators of commercial motor vehicles designed or used to transport hazardous material who are determined unfit but operate in interstate commerce beginning on the 46th day after the date such unfitness is determined.
 
(Sec. 7013) Revises guidelines governing a public sector emergency response and preparedness training curriculum. Requires a recommended basic course to provide the training necessary for public sector employees to comply with emergency response training standards prescribed by voluntary consensus standard-setting organizations the Secretary determines appropriate.
 
Transfers from the Director of the Federal Emergency Management Agency to the Secretary the responsibility to distribute the curriculum to regional response teams.
 
(Sec. 7014) Designates a certain account in the Treasury as the Hazardous Materials Emergency Preparedness Fund. Makes funds available to publish and distribute the Emergency Response Guidebook.
 
Requires the Secretary to report annually to Congress on the allocation and uses of planning grants and training grants.
 
(Sec. 7015) Replaces the Secretary's exemption authority with authority to modify or terminate a special permit authorizing a variance.
 
(Sec. 7016) Revises requirements governing: (1) the working group for uniform forms and procedures; (2) general administrative authority of the Secretary; and (3) enforcement of hazardous material prescriptions. 
 
(Sec. 7020) Increases penalties for civil and criminal violations of hazardous material requirements and prohibitions.
 
(Sec. 7022) Declares that certain aspects of Federal preemption of State, local, or tribal law regarding hazardous materials transportation are independent in their application to a requirement of any State, local, or tribal governmental entity and shall be reviewed independently.
 
(Sec. 7024) Revamps procedural guidelines governing judicial review of a final action of the Secretary.
 
(Sec. 7025) Authorizes appropriations for FY 2005 through FY 2007.
 
(Sec. 7026) Directs the Comptroller General to study and report to Congress on methods of determining the amount of undeclared shipments of hazardous materials entering the United States.
 

Title VIII: Transportation Discretionary Spending Guarantee 
- States that this Act continues certain TEA 21 provisions which guarantee that specified levels of authorized funding will be available for obligation each year by continuing the highway category and the mass transit category budgetary firewalls.

action_date: 2005-03-10
text: 
Transportation Equity Act: A Legacy for Users
 - Title I: Federal-Aid Highways - Subtitle A: Authorization of Programs
 - (Sec. 1101) Authorizes appropriations for FY 2004 through 2009 for highway programs out of the Highway Trust Fund (HTF), including: (1) the Interstate maintenance program; (2) the National Highway System (NHS); (3) the bridge program; (4) the highway safety improvement program; (5) the surface transportation program; (6) the congestion mitigation and air quality improvement program; (7) the Appalachian development highway system program; (8) the Federal lands highways program; (9) the national corridor infrastructure improvement program; (10) the coordinated border infrastructure program; (11) the projects of national and regional significance program; and (12) the high priority projects program. 
 
Requires that a specified percentage of funds be expended with small business concerns owned and controlled by socially and economically disadvantaged individuals.
 
(Sec. 1102) Sets a maximum obligation ceiling, with certain exceptions, for Federal-aid highway and highway safety construction programs through FY 2009.
 
(Sec. 1103) Amends Federal highway law to require the Secretary of Transportation (Secretary) to deduct a certain amount of funds for FY 2004 through 2009 to: (1) administer the provisions of law to be financed from appropriations for the Federal-aid highway program; and (2) make appropriate transfers to the Appalachian Regional Commission for administrative activities associated with the Appalachian development highway system.
 
Authorizes appropriations for FY 2004 through 2009: (1) to the Virgin Islands, Guam, American Samoa, and the Commonwealth of Northern Mariana Islands for the National Highway System; and (2) for the Alaska Highway.
 
Provides set-asides for FY 2004 through 2009 for: (1) the highway use tax evasion program; (2) the Commonwealth of Puerto Rico highway program; (3) deployment of magnetic levitation transportation projects; (4) the congestion pricing pilot program; (5) the Highways for LIFE program; (6) construction of ferry boats and ferry terminal facilities; and (7) the transportation and community and system preservation program.
 
Provides set-asides for FY 2004 and 2005 for: (1) intelligent transportation systems (ITS) deployment; (2) safety incentive grants for use of seat belts; and (3) safety incentives to prevent operation of motor vehicles by intoxicated persons.
 
(Sec. 1104) Extends allocation requirements, and the authorization of appropriations for them, through FY 2009, including those for coordinated border infrastructure, freight intermodal connectors, safe routes to school, highway safety improvement, and high risk rural road safety improvement.
 
Revises State apportionment calculations for highway program funds under the minimum guarantee program, including specified equity and scope adjustments to allocations. 
 
(Sec. 1105) Replaces the current requirement for submission by a recipient of Federal financial assistance of a financial plan for any Federal-aid highway project with an estimated total cost of $1 billion or more. Directs the Secretary to establish an oversight program to monitor the financial management and project delivery with respect to the use of Federal-aid highway project funds. Requires recipients of Federal funds for highway projects in excess of $500 million or more (or any other project in the discretion of the Secretary) to submit to the Secretary a project management plan and an annual financial plan. Sets forth similar requirements for highway projects in excess of $100 million or more.
 
 (Sec. 1106) Authorizes a State to develop a plan for the use of obligated Federal-aid highway funds that have been determined excess funds for a highway project.
 
(Sec. 1107) Conditions approval of Federal-aid highway funds upon installation and maintenance of proper temporary traffic control devices to improve safety in work zones during construction, utility, and maintenance operations. 
 
(Sec. 1108) Extends through October 15 of FY 2006 and each fiscal year thereafter requirements for the alignment of highway spending with revenues.
 
(Sec. 1109) Amends requirements for the letting of a contract for the construction of Federal-aid highway project by or under the supervision of a State transportation department. Declares that nothing in such requirements prohibits a State from enacting a law or issuing an order that limits the amount of money an individual doing business with a State agency for a Federal-aid project may contribute to a political campaign. 
 
(Sec. 1110) Authorizes necessary appropriations for a fiscal year for allocations of emergency relief for the repair of damage to highways, roads, and trails (including Indian reservations) owing to a natural disaster if the total of those allocations in such fiscal year are in excess of $100 million.
 
(Sec. 1111) Extends through FY 2009 the requirements of States under the Surface Transportation Program to make a portion of certain funds for urbanized areas with a population of over 200,000 available for Federal-aid highways and highway safety construction programs.
 
(Sec. 1112) Designates funds to implement specified intergovernmental enforcement of highway use tax evasion projects.
 
(Sec. 1113) Directs the Secretary to: (1) apportion funds made available under this Act for the Appalachian development highway system among the States based on the latest available cost-to-complete estimate for the system; (2) implement a construction program for ferry boats and ferry terminal facilities; and (3) establish a national ferry database.
 
(Sec. 1115) Extends set-asides through FY 2005 for Interstate discretionary projects under the Interstate Maintenance Discretionary Program. Terminates the program thereafter.
 
(Sec. 1116) Revises requirements for applications for and approval of assistance for highway bridge replacement or rehabilitation. Authorizes the Secretary to approve Federal participation in preventive maintenance on a bridge and in installation of scour measures to a bridge.
 
Sets aside specified funds for construction of a bridge joining the Island of Gravina to the community of Ketchikan in Alaska.
 
Increases from 15 percent to 20 percent the mandatory set-aside for off-system bridges.
 
Provides a set-aside for FY 2004 through 2009 to carry out the Transportation Infrastructure Finance and Innovation Act.
 
 (Sec. 1117) Amends the Transportation Equity Act for the 21st Century (TEA-21) to make nontransferable to other programs any funds for the Transportation and Community and System Preservation Program.
 
Directs the Secretary to establish a pilot program to support planning and public participation activities related to highway and public transportation projects. Provides a set-aside for FY 2005 through 2009 to carry out the pilot program.
 
(Sec. 1118) Directs the Secretary to provide financial assistance to pay the Federal share of full project costs of magnetic levitation transportation projects. 
 
(Sec. 1119) Revises guidelines for permissible uses of funds apportioned for the recreational trails program.
 
(Sec. 1120) Revises requirements with respect to the authority of Indian tribes to conduct contracting and construction programs for Federal-aid highways, roads, bridges, parkways, or transit facility projects.
 
Requires any allocation of authorized appropriations for Indian reservation roads in Alaska to be based on an Alaska Native Village inventory of roads.
 
Establishes in the Department of Transportation a presidentially-appointed Deputy Assistant Secretary for Tribal Government Affairs.
 
Earmarks Indian reservation road funds for: (1) program oversight and project-related administrative expenses of the Bureau of Indian Affairs; and (2) Indian reservation road bridge preconstruction activities, such as engineering and design.
 
Directs the Secretary and the Denali Commission to establish an Alaska Native Village transportation program to pay the costs of the construction and maintenance of road and other surface transportation facilities. 
 
 (Sec. 1121) Amends Federal highway law to authorize the use of funds for refuge roads to pay the cost of construction, maintenance, and improvement of wildlife observation infrastructure.
 
Directs the Secretary to study and report to Congress on methods to reduce collisions between motor vehicles and wildlife. Requires the Secretary to develop a best practices manual based on study results to support State efforts to reduce such collisions.
 
(Sec. 1122) Directs the Secretary to: (1) establish a safe routes to school program for children in primary and middle schools; (2) make grants to a national nonprofit organization to operate a related clearinghouse; (3) establish a national safe routes to school task force; (4) establish a pilot program to construct in four communities a network of nonmotorized transportation infrastructure facilities (including sidewalks, bicycle lanes, and pedestrian and bicycle trails) connecting directly with transit stations, schools, residences, businesses, recreation areas, and other community activity centers.
 
(Sec. 1123) Establishes: (1) the National Commission on Future Revenue Sources to Support the Highway Trust Fund to study and report to Congress on alternative short-term and long-term revenue sources for the HTF; and (2) the National Commission on Future of the Dwight D. Eisenhower National System of Interstate and Defense Highways to study and report to Congress on alternative approaches to the System's future. Authorizes appropriations for FY 2005 and 2006.
 
(Sec. 1125) Directs the Secretary to: (1) enter into an agreement to assist in the activities of a national nonprofit organization that is dedicated solely to improving public road safety; and (2) make grants to a national, not-for-profit organization engaged in promoting pedestrian and bicycle safety to operate a related clearinghouse. Authorizes appropriations for FY 2005 through 2009.
 
(Sec. 1126) Prohibits the Secretary from apportioning funds before August 1, 2006, for the National Highway system and other specified programs unless a Federal law is enacted that increases the minimum guarantee rate of return, by certain increments, to 95 percent by FY 2009.
 

 Subtitle B: Congestion Relief 
- (Sec. 1201) Requires each State to obligate a portion of its apportionments for FY 2005 through 2009 for congestion relief in urbanized areas with a population exceeding 200,000. Prescribes implementation guidelines. 
 
(Sec. 1202) Includes transportation systems management and operations among operational costs for traffic monitoring, management and control, as well as operational improvements. Names equipment and programs for transportation response to natural disasters as operational improvements.
 
Directs the Secretary to: (1) study and report to Congress on current policies and practices for the procurement of intelligent transportation system facilities, equipment, and services; and (2) develop a conceptual plan with alternative approaches for expediting and streamlining such procurements at the State level. Authorizes appropriations for FY 2005.
 
(Sec. 1203) Directs the Secretary to establish a real-time system management information program to provide, in all States, the capability to: (1) monitor, in real-time, the traffic and travel conditions of the Nation's major highways; and (2) share that information to improve surface transportation system security, address congestion problems, support improved response to weather and transportation incidents, and facilitate national and regional highway traveler information.
 
Directs the Secretary to establish a national steering committee to assist in development of data exchange formats that will allow the ready exchange across jurisdictional boundaries of highway and transit monitoring system data.
 
(Sec. 1204) Directs the Secretary to establish a comprehensive program to accelerate the integration, interoperability, and deployment of intelligent transportation systems in order to improve the performance of the surface transportation system in metropolitan and rural areas. Authorizes competitive grants for projects that will serve as models to improve transportation efficiency, promote surface transportation safety, increase traffic flow, reduce air pollutant emissions, improve traveler information, enhance alternative transportation modes, build on existing intelligent transportation system projects, and promote tourism. 
 
(Sec. 1205) Requires States to obligate a portion of specified funds apportioned for FY 2005 through 2009 for projects that support deployment of intelligent transportation systems.
 
(Sec. 1206) Directs the Secretary to initiate a rulemaking process to establish categorical exclusions for activities that support the deployment of intelligent transportation infrastructure and systems from the requirement of an environmental assessment or an environmental impact statement under the National Environmental Policy Act of 1969.
 
Directs the Secretary to develop a nationwide programmatic agreement governing the review of activities that support the deployment of intelligent transportation infrastructure and systems in accordance with the National Historic Preservation Act and the regulations of the Advisory Council on Historic Preservation.
 
(Sec. 1207) Authorizes the Secretary to establish a pilot program under which States may assume the Secretary's responsibilities with respect to certain transportation programs and projects.
 
(Sec. 1208) Amends Federal-aid highway law to require a State agency with jurisdiction over the operation of a high-occupancy vehicle (HOV) facility to establish occupancy requirements for vehicles of not less than two occupants per vehicle.
 
Authorizes the State agency to allow use of an HOV facility by: (1) motorcycles and bicycles, unless they would create a safety hazard; (2) unexempt vehicles, by paying a toll; and (3) certified inherently low emission vehicles, without paying or paying a toll, as the State determines. 
 
Expresses the sense of Congress that the Secretary and the States should provide additional incentives (including the use of HOV lanes on State and Interstate highways) for the purchase and use of hybrid and other fuel efficient vehicles.
 
 (Sec. 1209) Amends the Intermodal Surface Transportation Efficiency Act of 1991 to: (1) modify the congestion pricing pilot program; and (2) set-aside specified amounts for projects not involving highway tolls.
 
(Sec. 1210) Amends the Federal-aid highways program to projects to improve transportation systems management and operations eligible for funding under the congestion mitigation and air quality improvement program.
 
(Sec. 1212) Directs the Secretary to: (1) open for 24 hours a day, every day of the year, the ramp connecting Interstate Route 495 and Arena Drive in Prince George's County, Maryland, to allow motor vehicles to exit Interstate Route 495 in both northern and southern directions onto Arena Drive; and (2) conduct a study to determine the most appropriate method for opening the ramps to allow motor vehicles to enter Interstate Route 495 from Arena Drive.
 

Subtitle C: Mobility and Efficiency
 - (Sec. 1301) Directs the Secretary to establish: (1) a program to make allocations to States for highway construction projects in corridors of national significance to promote economic growth and international or interregional trade; (2) a coordinated border infrastructure program to distribute funds to border States to improve the safe movement of motor vehicles at or across the borders between the United States and Canada and Mexico; (3) a freight intermodal connector program to improve productivity and efficiency of freight transportation, while mitigating congestion in the area of freight intermodal connectors; (4) a grants program for projects of national and regional significance; (5) a pilot program to make allocations to States for the construction of projects that separate commercial truck traffic from other motor vehicle traffic (dedicated truck lanes); (6) a pilot program to address the shortage of long-term parking for commercial motor vehicles on the National Highway System; and (7) a freight intermodal distribution pilot grant program to relieve congestion and improve safety.
 

Subtitle D: Highway Safety
 - (Sec. 1401) Amends Federal highway law to include the installation of fluorescent, yellow-green signs at pedestrian or bicycle crossings or school zones as a safety improvement project under the Highway Safety Improvement Program.
 
Increases the mandatory set-aside for Operation Lifesaver and, for FY 2004 through 2009, for hazard elimination at railway-highway crossings in high speed rail corridors. Includes additional train routes with respect to specified high speed rail corridors that have been designated by the Secretary for railway-highway crossing hazard elimination.
 
(Sec. 1402) Directs the Secretary to issue regulations to decrease the likelihood of worker injury and maintain the free flow of vehicular traffic by requiring workers on or in close proximity to a Federal-aid highway to wear high visibility garments.
 
(Sec. 1403) Directs the Secretary to establish and implement a high risk rural road safety improvement program.
 
(Sec. 1404) Requires the Secretary to transfer to a State's highway safety apportionment up to three percent of funds apportioned to it for specified other programs if the State fails to enact or enforce laws regarding: (1) the use of passenger safety belts; (2) open containers; and (3) repeat intoxicated drivers.
 
(Sec. 1405) Repeals the authorization of appropriations for FY 2004 and 2005 for safety incentive grants to States for the use of seat belts.
 
(Sec. 1406) Prescribes an administrative penalty of withholding certain Federal highway program funds by specified increasing percentages from FY 2004 though 2007 and after for States that have not enacted a 0.08 drunk driving law.
 
(Sec. 1407) Redefines &quot; repeat intoxicated driver law&quot; to include as a penalty a combination of a 45-day driving privileges suspension followed by reinstatement of limited driving privileges for driving to work, school, or an alcohol treatment program if an ignition interlock device is installed on the motor vehicles owned or operated by the individual subject to the penalty. 
 
(Sec. 1408) Directs the Secretary to conduct a rulemaking proceeding to determine the appropriate conditions under which a State when choosing to repair or replace damaged highway features on the NHS with State funds should be required to make such repairs or replace such features with highway features that have been tested and found to be acceptable under certain Federal guidelines.
 
(Sec. 1409) Holds not liable under State law any owner of a motor vehicle who is engaged in the business of renting or leasing motor vehicles for harm to persons or property that arises out of the use of the vehicle provided there is no negligence or criminal wrongdoing on the part of the motor vehicle owner. Declares that nothing in this provision shall supersede State law requiring the owner to maintain required State limits of financial responsibility on such vehicle.
 

Subtitle E: Construction and Contract Efficiencies 
- (Sec. 1501) Repeals the minimum cost requirements of a qualified project using design-build contracting.
 
Directs the Secretary to: (1) evaluate the use of design-build contracting procurement procedures where subjective evaluation criteria account for the majority of the selection determination; (2) establish a pilot program designed to encourage States to incorporate warranties in the letting of contracts for highway construction projects; (3) arrange for the National Academy of Sciences to study and report to Congress on private investment in surface transportation infrastructure; and (4) establish a Highways for LIFE pilot program.
 

Subtitle F: Finance 
- (Sec. 1601) Amends the Transportation Infrastructure Finance and Innovation Act (TIFIA) to revamp guidelines governing eligibility, project selection, lines of credit, repayment and program administration. Sets funding levels through FY 2009 for the TIFIA program.
 
(Sec. 1602) Authorizes the Secretary to enter into cooperative agreements with States for the establishment of State infrastructure banks.
 
(Sec. 1603) Directs the Secretary to establish toll pilot programs under which the Secretary may permit a State to collect tolls on a highway, bridge, or tunnel on the Interstate System for: (1) facility reconstruction and rehabilitation; and (2) interstate highway construction. Authorizes the Secretary to permit an interstate compact of States to collect tolls in the latter pilot project.
 
(Sec. 1605) Grants congressional consent to two or more States that have entered into a cooperative agreement with the Secretary to establish a multistate infrastructure bank to enter into an interstate compact to establish such bank.
 

Subtitle G: High Priority Projects 
- (Sec. 1701) Modifies the High Priority Projects Program to reflect the authorization of appropriations detailed in this Act, with earmarks for specified high priority projects.
 

Subtitle H: Miscellaneous Provisions
 - (Sec. 1801) Requires the Department of Transportation (DOT) and its agencies to submit to Congress a budget justification concurrently with the President's annual budget submission.
 
(Sec. 1802) Amends the Consolidated Appropriations Act, 2004 to repeal the requirement that the Manual on Uniform Traffic Control Devices permit the furnishing of information to motorists regarding the location of licensed 24-hour pharmacy services.
 
(Sec. 1803) Directs the Secretary to initiate a rulemaking to determine whether full service restaurants should be given priority on up to two panels of the camping or attractions logo specific service signs in such Manual when the food logo specific service sign is fully utilized, and vice versa.
 
 (Sec. 1804) Amends the Intermodal Surface Transportation Efficiency Act of 1991 to add designated high priority corridors to the NHS.
 
(Sec. 1805) Specifies additional counties within the purview of the Appalachian Regional Commission.
 
(Sec. 1806) Directs the Secretary to arrange for the Delta Regional Authority (DRA) to study and report to Congress on transportation assets and needs for all modes of transportation in the States composing the Delta region. Authorizes appropriations for FY 2005 and 2006.
 
(Sec. 1807) Directs the Secretary to study and report to Congress on the safety of highway toll collection facilities, including toll booths, with respect to toll collectors. Authorizes appropriations for FY 2005.
 
(Sec. 1808) Directs the Secretary to conduct demonstration projects in Alaska and Tennessee to study: (1) the safety impacts, environmental impacts, and cost effectiveness of different pavement marking systems; and (2) the effect of State bidding and procurement processes on the quality of pavement marking material employed in highway projects. Authorizes appropriations for FY 2005 through 2009. 
 
(Sec. 1809) Directs the Secretary to: (1) establish and implement a work zone safety grant program to enable nonprofit organizations to provide training to prevent or reduce highway work zone injuries and fatalities; and (2) ensure that a nonlocal worker on a remote project for the Federal-aid highway system in Alaska receives meals and lodging. Authorizes appropriations for FY 2005 through 2009.
 
(Sec. 1810) Directs the Secretary to make grants to a State that has enacted and is enforcing a law that prohibits racial profiling in the enforcement of State laws regulating the use of Federal-aid highways. Authorizes appropriations for FY 2005 through 2009.
 
(Sec. 1811) Directs the Secretary to allocate funds to the America's Byways Resource Center. Authorizes appropriations for FY 2004 through 2009.
 
(Sec. 1812) Deems the donee of the vessel designated as Unit Identification Code number 13862 to be the vessel's owner free and clear as of September 1, 2000. Extinguishes all Federal claims arising from the donation or use of such vessel.
 
(Sec. 1813) Directs the Secretary to implement a national evaluation pilot project to assess how intelligent transportation system technology can be applied to mileage-based road user charges to collect revenues for the HTF. Authorizes appropriations for FY 2005 through 2009. 
 
(Sec. 1814) Designates as the Thomas P. &quot;Tip&quot; O'Neill, Jr. Tunnel 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.
 
(Sec. 1816) Requires the distribution of metropolitan planning funds within a State within 30 days after their receipt from the Secretary.
 
 (Sec. 1817) Deems to satisfy certain Federal placement approval requirements the Harbor Boulevard off ramp from Interstate Route 405 in Costa Mesa, California, 
 
(Sec. 1818) Declares that debt outstanding for project number Q-DPM-0013(001) related to the early acquisition of the rights-of-way is deemed satisfied.
 
(Sec. 1819) Designates as the lead agency for accepting specified Federal funds (authorized under the Intermodal Surface Transportation Efficiency Act of 1991 for purchase of the right-of-way and development of a transportation corridor in an existing rail right-of-way from Larkspur to Korbel, and Novato to Lombard) a certain public entity established to acquire rights-of-way in northwestern California to maintain surface transportation infrastructure. 
 
(Sec. 1820) Requires the project agreement for a Federal-aid highway project to 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 (with the debris recipient bearing any additional cost associated with making the debris available). 
 
(Sec. 1821) Amends the Small Business Act regarding historically underutilized business zones (HUBzones) to extend the definition of a qualified nonmetropolitan county in which a HUBzone may be located to one containing a difficult development area, as designated by the Secretary of Housing and Urban Development within Alaska, Hawaii, or any territory or possession of the United States outside the 48 contiguous States. 
 
(Sec. 1822) Amends TEA-21 to make technical amendments to specified project authorizations. 
 
 (Sec. 1823) Directs the Secretary to make grants for FY 2005 through 2009 to a national nonprofit foundation for the operation of the National Work Zone Safety Information Clearinghouse. Authorizes appropriations through FY 2009.
 
(Sec. 1824) Amends the Clean Air Act to require the appropriate metropolitan planning organization to redetermine by a certain deadline the conformity of existing transportation plans and programs with a State implementation plan for national primary and secondary ambient air quality standards. Sets forth: (1) a time horizon for conformity determinations; and (2) criteria under which transportation control measures in an implementation plan may be replaced with substitute measures. Declares that a transportation plan shall lapse if a required conformity determination is not made by the applicable deadline, and such failure is not corrected by: (1) additional measures to reduce motor vehicle emissions sufficiently to demonstrate compliance with specified requirements within 12 months after such deadline; or (2) other measures sufficient to correct such failures. 
 
(Sec. 1825) Cites criteria by which a community is deemed eligible to participate in the western Alaska community development quota program established under the Magnuson-Stevens Fishery Conservation and Management Act. 
 
(Sec. 1826) Directs the Secretary to enter into an agreement with a partnership composed of two institutions of higher learning to study metropolitan regional freight and passenger transportation and system-wide performance using an interdisciplinary technique of supply chain management, geographic information systems, and urban/suburban planning and management. 
 
(Sec. 1827) Declares that any Federal and non-Federal share provided for the Port of Anchorage, Alaska, for an intermodal transportation marine facility, or for access to that facility, shall be transferred to and administered by the Administrator of the Maritime Administration. 
 
(Sec. 1828) Amends the Federal-aid highways program to declare advanced truck stop electrification systems eligible for funding under the surface transportation program and under the congestion mitigation and air quality improvement program. Defines advanced truck stop electrification system as a stationary system that delivers heat, air conditioning, electricity, and communications, and is capable of providing verifiable evidence of use of those services, to a heavy-duty vehicle and any of its occupants without relying on components mounted onboard the vehicle for delivery of those services. 
 
(Sec. 1829) Encourages States to consider using a nondestructive technology able to detect cracks including subsurface flaws as small as 0.005 inches in length or depth in steel bridges.
 
(Sec. 1830) Amends the Intermodal Surface Transportation Efficiency Act of 1991 to extend through FY 2009 the exemption from axle weight restrictions granted to over-the-road buses and intrastate public agency transit passenger buses. 
 
(Sec. 1831) Directs the Secretary, acting through the Administrator of the Federal Highway Administration, to appoint a Motorcyclist Advisory Council to coordinate with and advise the Administrator on infrastructure issues of concern to motorcyclists, including: (1) barrier design; (2) road design, construction, and maintenance practices; and (3) the architecture and implementation of intelligent transportation system technologies.
 
(Sec. 1832) Requires monetary judgments accruing to the Government from judgments in Federal criminal prosecutions and civil proceedings pertaining to fraud in Federally funded highway and public transportation projects and programs to be credited either to the Federal account from which the project or program funds came from, or to the State or other recipient of such funds.
 
(Sec. 1833) Makes advanced truck stop electrification systems an eligible activity under the Congestion Mitigation and Air Quality Improvement (CMAQ) Program.
 
(Sec. 1834) Expresses the sense of Congress that: (1) the Buy America test needs to be applied to an entire bridge project and not only to its component parts; (2) the law clearly states that domestic materials must be used in Federal highway projects unless there is a finding that their inclusion 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) as the Nation's unemployment rate continues to hover around 5.6 percent, steps are needed to protect American workers and the domestic bridge building industry; and (5) the Buy America Act was designed to ensure that, when taxpayer money is spent on direct Federal Government procurement and infrastructure projects, these expenditures stimulate U.S. production and job creation. 
 
(Sec. 1835) Directs the Secretary to make a grant to, or enter into a cooperative agreement or contract with, a national organization representing architects with expertise in the design of a wide range of transportation and infrastructure projects to conduct a study on the role of well-designed transportation projects in promoting community enhancement. Earmarks funds for such study for FY 2005 and 2006.
 
(Sec. 1836) Expresses the sense of Congress that Federal transportation projects should encourage the collaboration between interested persons to help leverage scarce training and community resources and local participation in the building of transportation projects.
 
(Sec. 1838) Designates 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, as the &quot;Amo Houghton Bypass.&quot;
 
(Sec. 1839) Amends the Intermodal Surface Transportation Efficiency Act of 1991 to include Interstate Route I-41 as a high priority corridor segment on the NHS.
 
(Sec. 1840) Rescinds specified unobligated balances of highway funds apportioned to the States.
 
(Sec. 1841) Amends Federal highway law to reduce the credit a State may use toward the non-Federal share requirement for Federal highway funds by a percentage equal to the percentage of the total cost that a public, quasi-public, or private agency has incurred in building, improving, or maintaining the highway facilities using Federal funds. 
 

Title II: Highway Safety
 - (Sec. 2001) Authorizes appropriations for FY 2004 through 2009 for highway safety programs, including: (1) occupant protection incentive grants; (2) alcohol-impaired driving countermeasures incentive grants; (3) grants to States for traffic safety information improvements; (4) the National Driver Register; and (5) the high visibility enforcement program.
 
(Sec. 2005) Directs the Secretary to establish a program to support national impaired driving mobilization and enforcement efforts and national safety belt mobilization and enforcement, including the purchase of national paid advertisement (including production and placement) to support such efforts.
 
(Sec. 2006) Requires the Secretary to study and report to Congress on the causes of motorcycle crashes.
 
(Sec. 2007) Directs the Secretary to make grants to States that enact or have enacted and are enforcing a law requiring that children in passenger motor vehicles who are too large for a child safety seat be secured in a child restraint that meets the requirements prescribed by the Secretary under Anton's Law. Authorizes appropriations through FY 2009.
 
(Sec. 2008) Directs the Secretary to make grants to States that adopt and implement effective programs to reduce the number of single-and multi-vehicle crashes involving motorcyclists. Authorizes appropriations through FY 2009.
 
(Sec. 2009) Amends Federal highway safety law to require uniform State highway safety guidelines to include programs to reduce deaths and injuries resulting from persons driving motor vehicles while fatigued.
 
(Sec. 2010) Authorizes appropriations for FY 2004 through 2009 for highway safety research and development (R&D).
 
(Sec. 2011) Directs the Secretary to: (1) collect data and compile statistics on accidents involving motor vehicles being backed up that result in fatalities and injuries and that occur on public and nonpublic roads, residential and commercial driveways, and parking facilities; and (2) report on them to Congress.
 
(Sec. 2012) Directs the Secretary to study and report to Congress on the risks associated with glare to oncoming drivers, including increased risks to drivers on two-lane highways, increased risks to drivers over the age of 50, and the overall effects of glare on driver performance.
 
(Sec. 2013) Drug Impaired Driving Research and Prevention Act - Directs the Secretary to develop a model statute for States relating to drug impaired driving. 
 
Amends the Federal highway law to authorize the Secretary to carry out safety research on: (1) new technology to detect drug use; (2) research and development to improve testing technology, including toxicology lab resources and field test mechanisms to process more expeditiously toxicology evidence; and (3) determination of per se unlawful impairment levels for controlled substances and the compound effects of alcohol and controlled substances on impairment to facilitate enforcement of per se drug impaired driving laws. Earmarks funds for FY 2006 through FY 2009. 
 
(Sec. 2014) Requires State highway safety programs to follow uniform guidelines that include programs to prevent use of motor vehicles that carry between nine and 15 passengers (including the driver) for the transportation of children to and from school and events related to school.
 
 (Sec. 2015) Earmarks funds for the rural State emergency medical services optimization pilot program.
 
(Sec. 2016) Increases the minimum annual apportionment of Federal funds to each State for highway safety programs.
 
(Sec. 2017) Amends the Federal criminal code to prohibit the sale to, or use by, unauthorized users of traffic signal preemption transmitters (devices or mechanisms that can change a traffic signal's phase time or sequence). Sets forth both civil and criminal penalties for violations of such prohibition.
 

Title III: Federal Transit Administration Programs
 - Federal Public Transportation Act of 2005 - (Sec. 3002) Amends Federal transportation law to revise requirements for metropolitan and statewide public transportation planning programs. 
 
(Sec. 3003) Provides for capital projects for: (1) intercity bus stations and terminals; (2) crime prevention and security; and (3) establishment of a debt service reserve.
 
(Sec. 3004) Requires metropolitan and statewide planning grant programs to conform to the transportation planning requirements of title VI of this Act.
 
(Sec. 3006) Replaces current requirements for transportation management areas.
 
Authorizes the Secretary to provide assistance for: (1) the development of transportation plans and programs; (2) planning, engineering, design, and evaluation of a public transportation project; and (3) other technical studies. Instructs the Secretary to ensure that implementing funds 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.
 
Prescribes requirements for allocations of funds to States for the metropolitan planning program and the State planning and research program. Limits the Federal share of costs to 80 percent unless the Secretary determines that waiving a State or local match in the Federal interest.
 
(Sec. 3008) Revises requirements for the Urbanized Area Formula Grants program. Requires the recipient of a grant in an area of over 200,000 population to spend one percent of it on transit enhancement activities, and certify that expenditure.
 
Requires grant recipients to certify their legal, financial, and technical capacity for the safety and security aspects of their projects.
 
Permits recipients to use as a local match any amounts received under service agreements with a State, local social service agency, or private social service organizations.
 
Makes annual audits of recipients of Federal grants of $300,000 or less optional instead of (as currently) mandatory.
 
Declares that non-supervisory transit employees in an urbanized area of under 200,000 are exempt from the Hatch Act if it applies only because the employees' salaries are funded through Federal grants.
 
Treats the U.S. Virgin Islands as an urbanized area eligible for a transit formula grant.
 
(Sec. 3009) Revises requirements for the clean fuels formula grant bus procurement program.
 
(Sec. 3010) Revises requirements for capital investment grants (including major grants of $75 million or more and small start grants of under $75 million) for new fixed guideway capital projects (new starts), fixed guideway modernization (rail modernization), and bus and bus-related facilities. Repeals guidelines governing loans for real property interests.
 
Requires the set aside of specified amounts for: (1) new fixed guideway capital projects in Alaska or Hawaii intended for ferry boats or ferry terminal facilities, or for approaches to ferry terminal facilities; and (2) a certain national fuel cell bus technology development program.
 
(Sec. 3011) Revises requirements for formula grants targeting special needs of elderly individuals and individuals with disabilities.
 
Prescribes an apportionment and transfer process that includes an apportionment formula for low elder-density States. 
 
Expands grant requirements to include coordination with nonprofit providers, including representatives of public, private, and nonprofit transportation and human services providers as well as participation by the public.
 
(Sec. 3012) Revises the authority for formula grants for non-urbanized areas to specify grants for public transportation capital projects, as well as operating costs and services acquisition. Limits direct transit program grant recipients to States, which may make subgrants to subrecipients, including State or local government authorities, nonprofit organizations, or operator of public transportation services. Revises apportionment guidelines, including those for particularly low density States. Permits the Government's share of costs to rise above 80 percent, according to a specified formula, in States containing a significant percentage of nontaxable Indian lands, individual and tribal lands, public domain lands, national forests, and national parks and monuments.
 
(Sec. 3013) Authorizes the Secretary to enter into transactions (in addition to currently authorized agreements) to improve transportation service (either urban, as currently, or rural) that include both deployment projects and evaluation of technology of national significance.
 
(Sec. 3017) Codifies the Job Access and Reverse Commute (JARC) grant program of the TEA-21.
 
(Sec. 3018) Authorizes the Secretary to make New Freedom formula grants for new public transportation services and alternatives for individuals with disabilities beyond those required by the Americans with Disabilities Act of 1990, including transportation to and from jobs and employment support services.
 
(Sec. 3019) Eliminates the bus testing revolving loan fund. Requires the Secretary to maintain the bus testing facility (in Altoona, Pennsylvania).
 
(Sec. 3020) Provides for bicycle facility projects in the Transit in the Parks pilot program to be established under the next section.
 
(Sec. 3021) Replaces the suspended light rail system technology pilot project with requirements for the Secretary and the Secretary of the Interior to enter into a memorandum of understanding to establish a Transit in the Parks pilot program to promote the development of transportation systems within the National Park System.
 
(Sec. 3023) Revises enforcement requirements for violations of conditions on charter bus transportation service and schoolbus transportation. Directs the Secretary to bar violators from receiving Federal transit assistance in an amount the Secretary considers appropriate if the Secretary finds a pattern to such violations. (Currently all such assistance must be barred.)
 
Permits a recipient of Federal financial assistance to use such proceeds from the issuance of revenue bonds as part of the local matching funds for a capital project.
 
Directs the Secretary to issue a final rule on implementation of Buy America requirements to provide that any waiver from such requirements for a microprocessor, computer, or microcomputer shall apply only to a device used solely to process or store data and does not extend to products containing a microprocessor, computer, or microcomputer.
 
Authorizes a recipient of Federal assistance to allow the incidental use of federally funded alternative fueling facilities and equipment by nontransit public entities and private entities provided certain requirements are met.
 
 (Sec. 3025) Requires recipients of Federal funds to conduct all procurement transactions involving such assistance in a manner providing full and open competition, as determined by the Secretary.
 
Provides for Federal financial assistance for design-build system projects.
 
 (Sec. 3026) Increases the funds available for project management oversight and review. 
 
(Sec. 3027) Revises requirements for investigations of safety hazards.
 
(Sec. 3028) Applies specified requirements for the withholding of amounts for noncompliance with safety requirements to any States designing rail fixed guideway mass transportation systems that will not be subject to regulation by the Federal Railroad Administration (FRA). (Currently they apply only to those States that already have systems not subject to FRA regulation.)
 
(Sec. 3029) Grants the Secretary discretion to decide that a form of public transportation is covered adequately, for employee alcohol and controlled substances testing purposes, under the alcohol and controlled substance statutes or regulations of an agency within the DOT or the Coast Guard.
 
(Sec. 3031) Terminates the authority of the Secretary of Housing and Urban Development to make research, development, demonstration project, investigation, and training grants related to urban transportation systems and planned development of urban areas.
 
Prohibits the Secretary from regulating the operation, routes, or schedules of a federally funded public transportation system, including the charges imposed by a provider of public transportation. 
 
(Sec. 3034) Revises requirements governing: (1) formula grants; (2) capital program grants; (3) grants for planning and research; (4) University Transportation Research; and (5) Trust Fund and General Fund Capital Program Grants.
 
 (Sec. 3035) Increases from 50 to 80 percent the Federal funding share for the over-the-road bus accessibility program.
 
(Sec. 3037) Authorizes specified new fixed guideway capital projects for final design and construction or alternatives analysis and preliminary engineering.
 
(Sec. 3038) Directs the Secretary to make specified funds available for designated bus projects and bus-related facilities. 
 
(Sec. 3039) Directs the Secretary to establish a national fuel cell bus technology development program to facilitate development of commercially viable fuel cell bus technology and related infrastructure.
 
(Sec. 3040) Directs the Secretary to make high-intensity small-urbanized area formula capital and operating grants to areas with a population of less than 200,000 that meet or exceed in one or more performance categories the industry average for all urbanized areas with a population of between 200,000 and 999,999. Earmarks funds for FY 2005 through 2009.
 
 (Sec. 3041) Provides allocations through FY 2009 for national research and technology programs, including: (1) safety and emergency preparedness; (2) equipment and infrastructure; (3) public transportation operations efficiency; (4) energy independence and environmental protection (including establishment of a national center for transit-oriented development); (5) mobility management (including a transportation equity research and demonstration program and a cognitive impairment study on the capacity and resources of Oregon public transportation systems to address the needs, barriers, and desires for travel of people with cognitive impairments); (6) public transportation capacity building (including a transit career ladder training program); and (7) strategic planning and performance measures.
 
Directs the Secretary to enter into an agreement with the National Academy of Sciences to study and report to Congress on: (1) the value major public transportation systems serving the 38 urbanized areas with a population of over one million provide to the Nation's security; and (2) the ability of such systems to accommodate the evacuation, egress, or ingress of people to or from critical locations in times of emergency.
 
(Sec. 3043) Forgives any outstanding balances on the following grant agreements made to the Lane County Transit District, Oregon: (1) Federal Contract Number OR-03-0087; and (2) Federal Contract Number OR-90-X094.
 
(Sec. 3044) Directs the Secretary to review the use of cooperative procurement in the mass transit program.
 
(Sec. 3045) Sets forth a total obligation ceiling for FY 2004 through 2009 for the national research and technology program under the Federal Transit Administration programs.
 
(Sec. 3046) Directs the Secretary to reduce the amount apportioned to each urbanized area for fixed guideway modernization for FY 2005 to reflect a certain statutory apportionment formula.
 

Title IV: Motor Carrier Transportation and Safety - Subtitle A: Commercial Motor Vehicle Safety 
- (Sec. 4101) Authorizes appropriations through FY 2009 for the Federal Motor Carrier Safety Administration, including grant programs for: (1) commercial driver's license program improvement; (2) border enforcement; (3) performance and registration information system management; and (4) commercial vehicle information systems and networks deployment.
 
(Sec. 4102) Modifies the State plan procedures and contents required for State eligibility to receive Federal grants for commercial motor carrier safety. Authorizes appropriations through FY 2009.
 
(Sec. 4103) Authorizes the Secretary to make border enforcement grants to States sharing a land border with another country (Canada or Mexico) for carrying out border commercial motor vehicle safety programs and related enforcement activities and projects.
 
(Sec. 4104) Authorizes the Secretary to make a grant to a State to comply with Federal requirements for or improve a commercial driver's license program.
 
(Sec. 4105) Amends the Federal judicial code (and the portion known as the Hobbs Act) to subject all Federal commercial motor carrier safety, operators, and motor carrier safety law and regulations to the exclusive jurisdiction of the appropriate U.S. Court of Appeal.
 
(Sec. 4106) Establishes a civil penalty of $1,000 per offense for denying the Secretary access to records or property with respect to commercial motor carrier safety and operators.
 
(Sec. 4107) Amends Federal transportation law to instruct the Administrator of the Federal Motor Carrier Safety Administration to establish a Medical Review Board to provide medical advice and recommendations on driver qualification medical standards and guidelines, medical examiner education, and medical research.
 
(Sec. 4108) Increases penalties for reporting and recordkeeping violations and for violations of out-of-service orders. 
 
 (Sec. 4109) Directs the Secretary to make grants to eligible States for the core deployment of commercial vehicle information systems and networks. 
 
Amends TEA-21 to repeal the Commercial Vehicle Intelligent Transportation System Infrastructure Deployment program.
 
(Sec. 4110) Amends Federal transportation law to require the Secretary to use the accident and safety inspection record of an owner or operator of commercial motor vehicles to determine fitness to operate one safely. Prohibits a commercial motor vehicle owner or operator from operating in interstate commerce if it has been barred by a State from operating in intrastate commerce, until the Secretary determines such owner or operator is fit.
 
Authorizes the Secretary to make grants to States and local governments for new entrant motor carrier audits without requiring a matching contribution from such States or local governments.
 
(Sec. 4111) Authorizes the Secretary to suspend, amend, or revoke any part of the registration of a motor carrier if such person engages in a pattern or practice of avoiding compliance, or concealing noncompliance, with commercial motor vehicle safety regulations.
 
(Sec. 4112) Directs the Secretary to establish and implement a motor carrier research and technology program that includes a multi-year research plan focusing on nonredundant innovative research. Prescribes procedural guidelines for research, development, and technology transfer activities. Limits the Federal share of costs to 50 percent, unless there is substantial public interest or benefit associated with an activity.
 
(Sec. 4113) Authorizes the Secretary to use specified funds to participate and cooperate in international activities to enhance motor carrier, driver, and highway safety by such means as exchanging information, conducting research, and examining needs, best practices, and new technology.
 
Prohibits the operator of a commercial motor vehicle licensed in Mexico or Canada from operating in the United States a commercial motor vehicle transporting hazardous material until the operator has undergone a background records check.
 
(Sec. 4114) Revises requirements for design, participation, and funding for commercial vehicle safety information systems.
 
Authorizes the Secretary to make grants to States to implement performance and registration information system management requirements.
 
(Sec. 4115) Requires the Secretary to maintain data analysis capacity and programs that establish and implement a national motor carrier safety data correction system.
 
(Sec. 4116) Prohibits a States from prescribing or enforcing a regulation of commerce that imposes a vehicle length limitation of not less than or more than 97 feet on a drive-away saddlemount with fullmount vehicle transporter combinations.
 
(Sec. 4117) Repeals current requirements for State registration of motor carriers.
 
(Sec. 4118) Authorizes the Secretary to register a person to provide service as a freight forwarder (other than a freight forwarder of household goods) upon finding that such registration is needed for the protection of shippers.
 
(Sec. 4119) Requires deposit into the Highway Trust Fund (other than the Mass Transit Account), instead of the Treasury as miscellaneous receipts, of civil penalties for violations of requirements for minimum levels of financial responsibility for transporting passengers or property.
 
(Sec. 4120) Directs the Secretary to conduct an outreach and education program administered by the Federal Motor Carrier Safety Administration and the National Highway Traffic Safety Administration.
 
(Sec. 4121) Prohibits the Secretary from requiring certain diabetics who are applying for an exemption from the physical qualification standards to have experience operating commercial motor vehicles while using insulin in order to be exempted from such standards to operate a commercial motor vehicle in interstate commerce.
 
Directs the Secretary to require such individuals to have a minimum period of insulin use to demonstrate stable control of diabetes before operating a commercial motor vehicle in interstate commerce.
 
(Sec. 4122) Directs the Secretary to establish a grant program for training commercial motor vehicle operators in the safe use of such vehicles. Provides funding for FY 2005 through 2009.
 
(Sec. 4123) Directs the Secretary to establish a commercial motor vehicle safety advisory committee .
 
(Sec. 4124) Directs the Secretary to make grants to States to improve the commercial motor vehicle safety data reported to the Secretary. Authorizes appropriations through FY 2009.
 
(Sec. 4125) Authorizes the Secretary make a grant to a State to modernize its commercial driver's license information system if the State is in substantial compliance with certain prerequisites. Instructs the Secretary to publish a comprehensive national plan to modernize the system. Authorizes a three-year pilot program in up to three States. Authorizes appropriations through FY 2009.
 
(Sec. 4126) Amends the National Highway System Designation Act of 1995 (NHSDA) to provide that no additional off-duty time shall be required in order to operate ground water well drilling rigs.
 
(Sec. 4127) Directs the Secretary to provide persons conducting preemployment screening services for the motor carrier industry electronic access to the following reports contained in the Motor Carrier Management Information System: (1) commercial motor vehicle accident reports; (2) inspection reports that contain no driver-related safety violations; and (3) serious driver-related safety violation inspection reports.
 
(Sec. 4128) Directs the Secretary to issue regulations establishing a program to ensure the safety of intermodal equipment used to transport intermodal containers. Authorizes the Secretary to inspect intermodal equipment, and copy related maintenance and repair records, on demand and display of proper credentials to inspect such equipment. Grants the Secretary jurisdiction over related commercial motor vehicle safety matters with respect to intermodal equipment, including trailers, chassis, and associated devices commonly used for the transportation of intermodal freight via highway. 
 
(Sec. 4129) Directs the Secretary to conduct a rulemaking to permit State licensed or certified mental health counselors, State licensed or certified marriage and family therapists, or addiction specialists certified by the American Academy of Health Care Providers in the Addictive Disorders to act as substance abuse professionals.
 
(Sec. 4130) States that Federal motor carrier safety regulations that apply to Interstate operations of commercial motor vehicles used to transport between nine and 15 passengers (including the driver) shall apply to all Interstate operations of such carriers regardless of the distance traveled.
 
(Sec. 4131) Amends the NHSDA to provide that Federal safety regulations, including hours of service, shall not apply to a driver of a utility service vehicle. Prohibits State and local governments from enacting any similar requirements.
 
(Sec. 4133) Amends Federal transportation law to direct the Secretary to consider the safety record of a motor carrier or operator while operating in interstate, intrastate, and Canadian and Mexican commerce when determining whether the carrier or operator is fit to operate a commercial motor vehicle.
 
(Sec. 4135) States that the maximum daily hours of service for an operator of a commercial motor vehicle providing transportation of property or passengers to or from a theatrical or television motion picture production site located within a 100 air mile radius of the operator's work reporting location shall be those in effect under specified regulations effective as of April 27, 2003. 
 
(Sec. 4136) Declares that nothing in certain Federal law relating to motor carriers of property shall be construed to prevent a State from requiring that, in the case of vehicles towed from private property without the owner's or operator's consent, towing companies have prior written consent from a property owner or lessee, or that the owner or lessee be present at the time, or both.
 
(Sec. 4138) Amends Federal transportation law to allow Nebraska to exempt commercial vehicle combinations of up to 81 feet, six inches, used only for harvesting wheat, soybeans, and milo for agricultural producers during the harvest months, from Federal length limitations prohibiting the operation of certain sized commercial vehicle combinations on the Dwight D. Eisenhower System of Interstate and Defense Highways.
 
(Sec. 4139) Requires contracts or agreements providing for truckload transportation or service involving a motor carrier, broker, or freight forwarder to include a requirement that the payer of transportation charges pay a certain fuel surcharge.
 

Subtitle B: Household Goods Transportation
 - (Sec. 4201) States that the Federal preemption of State regulation of motor carriers does not apply to intrastate transportation of household goods.
 
Empowers State attorneys general to bring civil actions on behalf of residents to enforce a Federal regulation.
 
(Sec. 4202) Amends Federal transportation law with respect to the requirement that a household goods carrier agree to offer arbitration to household goods shippers to settle disputes concerning damage or loss to the household goods transported. Extends such requirement to arbitration to determine whether carrier charges, in addition to those collected at delivery, must be paid by the shipper for transportation and services related to the transportation of household goods.
 
Increases the threshold for binding arbitration from $5,000 to $10,000.
 
Adds as one of the alternative conditions for the award of reasonable attorney's fees in any court action between a carrier and a shipper that the shipper was not advised by the carrier during the claim settlement process that a dispute settlement program was available to resolve the dispute.
 
(Sec. 4203) Sets forth civil and criminal penalties for: (1) a household goods transportation broker's making an estimate of the transportation costs before entering an agreement with a carrier; and (2) transportation of household goods or provision of related broker services without registration. 
 
(Sec. 4204) Prescribes civil and criminal penalties for carriers or brokers who hold household goods hostage.
 
(Sec. 4205) Directs the Secretary to establish a working group of State attorneys general, State consumer protection administrators, and Federal and local law enforcement officials in order to enhance Federal-State enforcement efforts, exchange of information, and coordination of enforcement efforts regarding interstate transportation of household goods.
 
(Sec. 4206) Directs the Secretary to: (1) take necessary action to ensure prominent display on the DOT website of the publication entitled &quot;Your Rights and Responsibilities When You Move;&quot; and (2) modify certain regulations to require a broker subject to them to provide shippers with specified information whenever they have contact with a shipper or potential shipper.
 
(Sec. 4208) Directs the Secretary to: (1) establish a filing system for consumer complaints relating to motor carriers providing transportation of household goods and for compiling complaint information on such carriers gathered by DOT and the States, a database of the complaints, and a procedure for the public access to aggregated information and for carriers to challenge information in the database; and (2) issue regulations requiring each motor carrier of household goods to submit specified data on a quarterly basis.
 
(Sec. 4209) Directs the Secretary to review and revise Federal regulations regarding insurance coverage provided by motor carriers of household goods to provide enhanced protection for shippers.
 
(Sec. 4210) Amends Federal transportation law with respect to an estimate of charges provided to a prospective shipper by a motor carrier providing transportation of household goods. Makes the provision of such an estimate mandatory (currently it is discretionary, upon request by the prospective shipper). Requires a motor carrier to: (1) conduct, before making the estimate, a physical survey of the household goods to be transported on behalf of a prospective individual shipper; and (2) provide the shipper with a written estimate of transportation and services charges, including whether the estimate is binding (which may carry a charge) or nonbinding (which may not carry a charge). Authorizes a shipper to waive the physical survey before the shipment is loaded.
 
(Sec. 4211) Directs the Comptroller General to study and report to certain congressional committees on: (1) current consumer protection authorities and actions of the DOT; and (2) the impact on shippers and carriers of household goods in interstate transportation of allowing State attorneys general to apply State consumer protection laws to such transportation.
 
(Sec. 4212) States that Federal law regarding the transportation of household goods shall only apply to motor carriers of household goods (including such services as binding and nonbinding estimates, inventorying, protective packing and unpacking of individual items, and loading and unloading at personal residences).
 
(Sec. 4213) Sets forth criminal penalties for household goods motor carriers who violate out-of-service orders and who hold household goods hostage.
 

Title V: Transportation Research and Education - Subtitle A: Funding
 - (Sec. 5101) Authorizes appropriations for FY 2004 through 2009 for the following programs, with a Federal share of 50 percent: (1) surface transportation research, development, and deployment program; (2) training and education; (3) Bureau of Transportation Statistics; (4) university transportation research; (5) intelligent transportation systems (ITS) research; and (6) ITS deployment.
 
(Sec. 5102) Specifies an increasing obligation ceiling upon such appropriations for each fiscal year.
 
(Sec. 5103) Declares that Congress finds that it is in the U.S. interest to increase the Federal investment in transportation R&D (including research in critical research gaps) in order to ensure that the transportation system meets the goals of safety, mobility, economic vitality, efficiency, equity, and environmental protection.
 

Subtitle B: Research, Technology, and Education
 - (Sec. 5201) Amends Federal highway law to revise requirements for the highway research, technology, and education program, including: (1) basic principles governing research and technology investments; (2) procurement for research, development, and technology transfer activities; (3) a transportation pooled fund program; and (4) an exploratory advanced research program. 
 
Directs the Secretary to: (1) operate in the Federal Highway Administration the Turner-Fairbank Highway Research Center; and (2) establish a 20-year long-term pavement performance program. Earmarks funds for the latter program for FY 2004 through 2009.
 
(Sec. 5202) Directs the Secretary to establish a 20-year long-term bridge performance program. Earmarks funds for FY 2004 through 2009.
 
Revises the Innovative Bridge Research and Deployment Program. Earmarks FY 2004 through 2009 funds for the program and for high performance concrete bridge technology research and deployment.
 
(Sec. 5203) Modifies the surface transportation environment and planning cooperative research program to direct the Secretary to make it a collaborative, public-private surface transportation environment and planning cooperative program. Makes the advisory committee responsible for program oversight and project selection. Requires the Secretary to enter an agreement with the National Academy of Sciences to carry out related administrative and management activities. Requires the program to include: (1) a national research agenda; (2) open competition and peer review of research proposals; (3) research evaluation; and (4) dissemination of findings to researchers, practitioners, and decisionmakers. Earmarks funds for FY 2004 through 2009.
 
(Sec. 5204) Modifies the technology deployment program. Directs the Secretary to: (1) make grants to, and enter into cooperative agreements and contracts with, States, other Federal agencies, universities and colleges, private sector entities, and nonprofit organizations to pay the Federal share of the cost of research, development, and technology transfer activities concerning innovative materials; (2) ensure that the information and technology resulting from research is made available to State and local transportation departments and other interested parties; (3) implement an innovative pavement research and deployment program; and (4) obligate funds through FY 2009 to conduct research to improve asphalt pavement, concrete pavement, and aggregates used in highways on the NHS. Earmarks funds for FY 2004 through 2009. 
 
Directs the Secretary to: (1) establish and implement a program to demonstrate the application of innovative technologies in highway safety; and (2) ensure that the information and technology resulting from such research is made available to State and local transportation departments.
 
Earmarks funds for FY 2004 through FY 2009. Makes funds available: (1) to purchase promotional items of nominal value for use in personnel recruitment and to promote programs of the Federal Highway Administration; and (2) for a demonstration of the durability and potential efficacy of wood composite materials in multimodal transportation facilities (with a 100 percent Federal share of costs).
 
Makes funds available for FY 2004 through 2009 for physical demonstrations of the ongoing work at the Turner-Fairbanks facility with respect to ultra-high performance concrete with ductility.
 
 (Sec. 5205) Modifies general course requirements for the training and education components offered by the National Highway Institute.
 
Modifies the Local Technical Assistance Program to provide that: (1) a Federal grant may be used to pay up to 50 percent of local technical assistance program costs; (2) funds available for technology transfer and training purposes may be used to cover the remaining 50 percent of the program costs; (3) the Federal share of the cost of activities carried out by the tribal technical assistance centers shall be 100 percent; (4) specified funds shall be available for the Eisenhower Transportation Fellowship Program; and (5) the Secretary shall establish the Garrett A. Morgan Technology and Transportation Education Program, including a transportation education development pilot program.
 
Authorizes Federal and State funding for surface transportation workforce development, training, and education.
 
Amends TEA-21 to provide that certain intelligent transportation system projects that involve privately owned intelligent transportation system components, and that are implemented using funds from the HTF, shall not be subject to State law or regulation prohibiting or regulating commercial activities in the rights-of-way of a highway funded out of the HTF.
 
(Sec. 5206) Directs the Secretary to establish a freight planning capacity building initiative to support enhancements in freight transportation planning. States that the Federal share of costs shall be up to 100 percent. Earmarks funds for FY 2004 through 2009.
 
(Sec. 5207) Directs the Secretary to: (1) accelerate deployment of the Transportation Analysis Simulation System (TRANSIMS) developed by the Los Alamos National Laboratory; (2) establish and support a national cooperative freight transportation research program; (3) establish and implement the future strategic highway research program; (4) fund and carry out a project to further the development of a comprehensive transportation safety information management system (TSIMS); and (5) establish a surface transportation congestion solutions research initiative to assist State transportation departments and metropolitan planning organizations to address surface transportation congestion problems. Earmarks funds for FY 2004 through 2009, except for the TSIMS project, for which funds are provided only for FY 2004 and 2005.
 
(Sec. 5212) Directs the Secretary to study and report to Congress on: (1) inefficiencies in freight transportation;(2) the safety, productivity, and reduced cost improvements that may be achieved through the use of wireless technologies to address those inefficiencies; and (3) field tests demonstrating such technologies. Earmarks funds for FY 2004 through 2009.
 
(Sec. 5213) Amends Federal highway law relating to highways research and technology programs. Revises requirements for the Secretary's five-year transportation R&D strategic plan to guide Federal transportation research and development activities. Repeals the specific mandate for an integrated surface transportation research and technology development strategic plan.
 
(Sec. 5214) Subjects claims against the National Academy of Sciences for damages arising from activities under the future strategic highway research program to the same limitations and exceptions applicable to claims against the United States.
 
(Sec. 5215) Directs the Secretary to establish a Center for Transportation Advancement and Regional Development to assist the development of rural and small metropolitan transportation systems. 
 
(Sec. 5216) Directs the Administrator of the Pipeline and Hazardous Materials Safety Administration to enter into a contract with the National Academy of Sciences to carry out the nine research projects called for in the 2005 Special Report 283 of the Transportation Research Board entitled &quot;Cooperative Research for Hazardous Materials Transportation: Defining the Need, Converging on Solutions.&quot;
 

Subtitle C: University Transportation Research; Scholarship Opportunities
 - (Sec. 5301) Amends Federal transportation law to eliminate the limitation to one national university transportation research center in each of the ten Federal regions that constitute the Standard Federal Regional Boundary System (thus allowing the Secretary to make any number of such grants to eligible nonprofit institutions of higher education).
 
Requires each such center to advance significantly transportation research on critical national transportation issues and to expand the transportation professionals workforce.
 
 Requires the Secretary to make a grant of up to $3.5 million in each of FY 2004 through 2009.
 
(Sec. 5302) Replaces the current advanced vehicle technologies program with a program of grants to nonprofit institutions of higher learning to establish and operate university transportation centers, including; (1) ten regional centers; (2) ten Tier I centers; and (3) ten Tier II centers.
 
(Sec. 5303) Authorizes the Secretary to establish and implement a scholarship program to attract qualified students for transportation-related critical jobs.
 

 Subtitle D: Advanced Technologies 
- (Sec. 5401) Directs the Secretary to conduct research, development, demonstration, and testing to integrate emerging advanced heavy-duty vehicle technologies. 
 
Authorizes the Secretary to make grants and enter into cooperative agreements and other transactions with Federal and other public agencies and persons to implement the advanced heavy-duty vehicle technologies research program. Authorizes appropriations for FY 2004 through 2009
 
(Sec. 5402) Directs the Secretary to: (1) establish a program to validate commercial remote sensing products and spatial information technologies for application to national transportation infrastructure development and construction; (2) establish a national policy for the use of such products and technologies in national transportation infrastructure development and construction; and (3) develop new applications of such products and technologies to implement such policy. Earmarks funds for FY 2004 through 2009. 
 
(Sec. 5403) Amends TEA-21 to revise transportation technology innovation and demonstration program requirements to require the program to build or integrate (currently, to build only) an infrastructure of the measurement of various transportation system metrics to aid in planning, analysis, and maintenance of the DOT, including the buildout, maintenance, and operation of greater than 40 metropolitan area systems (including major transportation corridors serving that metropolitan area) with a cost not to exceed $2,500,000 (currently, $2 million) per metropolitan area.
 

Subtitle E: Transportation Data and Analysis 
- (Sec. 5501) Revises requirements for the Bureau of Transportation Statistics. Modifies the responsibilities of the Director.
 
Makes the Director responsible for building and disseminating the transportation layer of the National Spatial Data Infrastructure.
 
Directs the Secretary to arrange with the National Research Council to develop and publish a National Transportation Information Needs Assessment.
 
Sets forth fines for the failure or refusal of certain persons to answer questions or make records or statistics about collected freight data available upon request to the Director or other authorized Bureau staff or contractor.
 
Establishes an Advisory Council on Transportation Statistics to advise the Director.
 
(Sec. 5502) Sets forth limits on the use of reports of the Bureau of Transportation Statistics.
 

Subtitle F: Intelligent Transportation Systems Research 
- Intelligent Transportation Systems Act of 2005 - (Sec. 5603) Directs the Secretary to conduct an ongoing intelligent system transportation program to research, develop, and test intelligent transportation systems and advance their nationwide deployment as a component of the U.S. surface transportation systems.
 
Directs the Secretary to: (1) maintain a repository (clearinghouse) for technical and safety data collected as a result of federally sponsored projects; and (2) establish an Advisory Committee.
 
(Sec. 5604) Directs the Secretary to develop a national architecture and supporting standards and protocols to promote the widespread use and evaluation of intelligent transportation system technology. Authorizes development of provisional standards, until final standards are adopted, in order to achieve specified objectives in a timely fashion.
 
(Sec. 5605) Requires the Secretary to carry out a comprehensive program of intelligent transportation system research, development, and operational tests of intelligent vehicles and intelligent infrastructure systems and other similar activities.
 
(Sec. 5607) Directs the Secretary to establish a road weather R&D program to enhance the development and use of road weather information and technologies. 
 
(Sec. 5609) Directs the Secretary to study and report to Congress on the feasibility of installing fiber optic cabling and wireless communication infrastructure along multistate Interstate System route corridors in order to achieve improved communications services to rural communities along such corridors.
 
(Sec. 5610) Directs the Secretary to establish three centers for surface transportation excellence in the areas of environment, rural safety, and project finance. Authorizes appropriations for FY 2004 through 2009.
 
(Sec. 5611) Amends TEA-21 to repeal the Intelligent Transportation Systems Act of 1998.
 

Title VI: Transportation Planning and Project Delivery 
- (Sec. 6001) Amends Federal transportation law to provide for a common transportation planning program administered by the Federal Highway Administration and the Federal Transit Administration.
 
Requires the designation of a metropolitan planning organization (MPO) for each urbanized area with a population of more than 50,000 individuals: (1) by agreement between the Governor and units of general purpose local government that together represent at least 75 percent of the affected population (including the largest incorporated city as named by the Bureau of the Census); or (2) in accordance with procedures under State or local law.
 
Requires each MPO to develop long-range transportation plans and transportation improvement programs (TIPs) for metropolitan planning areas (MPAs) of the State.
 
Requires an MPO and the State Governor to determine the boundaries of an MPA. Allows retention of the boundaries of an MPA designated under the Clean Air Act as a nonattainment area for ozone or carbon monoxide.
 
Grants the consent of Congress to: (1) any two or more States to enter into agreements or compacts for cooperative efforts and mutual assistance in support of pertinent activities, and to establish agencies, joint or otherwise, for making the agreements and compacts effective; and (2) the States of California and Nevada to designate an MPO for the Lake Tahoe region.
 
Requires each MPO to: (1) prepare and update quadrennially a transportation plan for its MPA in accordance with specified requirements; and (2) develop and update quadrennially a TIP for its MPA.
 
Directs the Secretary to identify as a transportation management area (TMA) each urbanized area with a population of over 200,000 individuals.
 
Declares that projects, carried out within the boundaries of an MPA serving a TMA, on the NHS, and projects carried out within such boundaries under the bridge program or the Interstate maintenance program, shall be selected for implementation from the approved TIP by the State in cooperation with the designated MPA.
 
Directs each State to develop a statewide transportation plan and a statewide TIP for all areas subject to this Act, in coordination with other related transportation planning activities. Grants the consent of Congress to any two or more States to enter into agreements or compacts for cooperative efforts and mutual assistance in support of such activities, and to establish authorities for making the agreements and compacts effective.
 
Requires each State to develop: (1) a long-range statewide transportation plan, with a minimum 20-year forecast period for all areas of the State, that provides for the development and implementation of the State's intermodal transportation system; and (2) a statewide TIP.
 
(Sec. 6002) Declares that specified Enlibra principles, as initially developed by the Western Governors Association and adopted by the National Governors Association, represent a sound basis for interaction among the Federal, State, local governments, and Indian tribes on environmental matters and should be followed in the development of highway construction and public transit improvements. 
 
Amends Federal transportation law to set forth procedural guidelines for project developments that require an environmental impact statement under the National Environmental Policy Act of 1969 (NEPA).
 
Declares DOT as the Federal lead agency in an environmental review process for a project.
 
Designates as joint lead sponsor with DOT, for purposes of preparing any environmental document under NEPA, any project sponsor that is a either a State or local governmental recipient of Federal-aid highway funds or Federal mass transportation funds. 
 
(Sec. 6003) Amends Federal transportation and highway law to deem special rules for historic sites satisfied if: (1) treatment of a historic site has been agreed upon in accordance with a certain section of the National Historic Preservation Act; and (2) the agreement includes a determination that the program or project will not have an adverse effect upon such site.
 
(Sec. 6004) Amends Federal highway law to exempt the Interstate System from being considered a historic site under Federal transportation law, regardless of whether the System or portions of it are eligible for or listed upon the National Register of Historic Places.
 

Title VII: Hazardous Materials Transportation 
- (Sec. 7004) Amends Federal transportation law with respect to transportation of hazardous materials. Subjects to regulations for safe transportation any person that: (1) designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs, or tests a package or container that is represented, marked, certified, or sold by that person as qualified for use in transporting hazardous material in commerce; (2) prepares or accepts hazardous material for transportation in commerce; (3) is responsible for the safety of transporting hazardous material in commerce; (4) certifies compliance with any requirement of such law; or (5) misrepresents whether the person is engaged in any of these and other specified activities.
 
(Sec. 7007) Directs the Secretary to: (1) ensure that maintenance-of-way employees and railroad signalmen receive specified general awareness/familiarization training and safety training; and (2) impose a $25 fee upon certain persons otherwise exempt from paying a fee, but required to register.
 
(Sec. 7008) Reduces from $5,000 to $3,000 the maximum annual fee chargeable to a hazardous material registrant.
 
(Sec. 7010) Repeals the requirement that the air brake equipment support attachments of a rail tank car built before 1971 comply with specified standards if the car is used to transport hazardous material in commerce.
 
(Sec. 7011) Subjects to certain civil and criminal penalties any owners or operators of commercial motor vehicles designed or used to transport hazardous material who are determined unfit but operate in interstate commerce beginning on the 46th day after the date such unfitness is determined.
 
(Sec. 7012) Revises guidelines governing a public sector emergency response and preparedness training curriculum. Requires a recommended basic course to provide the training necessary for public sector employees to comply with emergency response training standards prescribed by voluntary consensus standard-setting organizations the Secretary determines appropriate.
 
Transfers from the Director of the Federal Emergency Management Agency to the Secretary the responsibility to distribute the curriculum to regional response teams.
 
(Sec. 7013) Designates a certain account in the Treasury as the Hazardous Materials Emergency Preparedness Fund. Makes funds available to publish and distribute the Emergency Response Guidebook.
 
Requires the Secretary to report annually to Congress on the allocation and uses of planning grants and training grants.
 
(Sec. 7014) Replaces the Secretary's exemption authority with authority to modify or terminate a special permit authorizing a variance.
 
(Sec. 7015) Revises requirements governing: (1) the working group for uniform forms and procedures; (2) general administrative authority of the Secretary; and (3) enforcement of hazardous material prescriptions. 
 
(Sec. 7019) Increases penalties for civil and criminal violations of hazardous material requirements and prohibitions.
 
(Sec. 7021) Declares that certain aspects of Federal preemption of State, local, or tribal law regarding hazardous materials transportation are independent in their application to a requirement of any State, local, or tribal governmental entity and shall be reviewed independently.
 
(Sec. 7023) Revamps procedural guidelines governing judicial review of a final action of the Secretary.
 
(Sec. 7024) Authorizes appropriations for FY 2005 through FY 2007.
 
(Sec. 7025) Directs the Comptroller General to study and report to Congress on methods of determining the amount of undeclared shipments of hazardous materials entering the United States.
 
(Sec. 7027) Directs the Secretary to provide funding to the Operation Respond Institute to operate a seamless first responder hazardous materials incident response system. Requires the system to include an expansion of the Operation respond Emergency Information System (OREIS). Authorizes appropriations for FY 2005 through FY 2007.
 
(Sec. 7028) Directs the Secretary to study and report to Congress on the economic, environmental, and homeland security advantages and disadvantages of operating a common carrier pipeline system in the States of Texas, Louisiana, Mississippi, and Alabama for the transportation of aromatic chemicals.
 

Title VIII: Transportation Discretionary Spending Guarantee 
- (Sec. 8001) Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to set forth discretionary spending for certain budget accounts under the highway and mass transit categories for FY 2004 through 2009.
 
(Sec. 8002) Makes specified adjustments to align highway spending with revenues. Sets forth an estimated level of highway receipts for FY 2004 through FY 2009. Requires the budget submitted to Congress by the President for FY 2007 through 2010 to include certain adjustments to the limits on outlays for the highway and the mass transit category as calculated by the Office of Management and Budget (OMB).
 
(Sec. 8003) Sets forth obligation limitations for FY 2004 though 2009 for the highway and the mass transit category. 
 
(Sec. 8005) States that, for purposes of a specified House rule, it shall be in order to transfer funds from the Federal Transit Administration's administrative expenses account to other specified mass transit budget accounts under the Gramm-Rudman-Hollings Act. 
 

Title IX: Rail Provisions
 - (Sec. 9001) Amends Federal transportation law governing high-speed rail corridor development to make eligible for Federal financial assistance any corridor planning activity that involves the acquisition of locomotives, rolling stock, track, and signal equipment. Authorizes appropriations for high-speed rail assistance for FY 2006 through 2013. 
 

Title X: Tax Provisions
 - Highway Reauthorization Tax Act of 2005 - (Sec. 10002) Amends the Internal Revenue Code to extend through FY 2011: (1) the rates of certain highway-related taxes; (2) certain floor stocks refunds; (3) certain exemptions; and (4) authority for certain deposits into the HTF and the Aquatic Resources Trust Fund, including motor boat and small-engine fuel tax transfers. 
 
Extends through October 1, 2009, the authority to make certain expenditures from: (1) the highway account and mass transit account under the HTF; and (2) the boat safety account under the Aquatic Resources Trust Fund.
 
(Sec. 10003) Makes technical revisions and clerical corrections to specified provisions of the Internal Revenue Code, including certain provisions related to the American Jobs Creation Act of 2004 with respect to highway-related taxes.

action_date: 2005-05-17
text: 
Safe, Accountable, Flexible, and Efficient Transportation Equity Act of 2005 - 
Title I: Federal-Aid Highways - Subtitle A: Funding
 - (Sec. 1101) Reauthorizes the federal-aid surface transportation program through FY2009. Authorizes appropriations for FY2005-2009 for federal-aid highway programs out of the Highway Trust Fund (HTF), including: (1) the Interstate Maintenance Program; (2) the National Highway System (NHS); (3) the Bridge Program; (4) the Surface Transportation Program; (5) the Congestion Mitigation and Air Quality Improvement Program; (6) the Highway Safety Improvement Program; (7) the Appalachian Development Highway System Program; (8) the Recreational Trails Program; (9) the Federal Lands Highways Program; (10) the Multistate Corridor Program; (11) the Border Planning, Operations, and Technology Program; (12) the National Scenic Byways Program; (13) construction of ferry boats and ferry terminal facilities; (14) the Commonwealth of Puerto Rico Highway Program; (15) the Public-Private Partnerships Pilot Program; (16) the Denali Access System; (17) the Delta Region Transportation Development Program; and (18) intermodal passenger facilities.
 
Makes zero appropriations for FY2004 for the Infrastructure Performance and Maintenance Program.
 
(Sec. 1102) Sets forth ceiling obligations through FY2009 for: (1) federal-aid highway and highway safety construction programs, with specified exceptions; (2) contract authority for certain transportation research programs; and (3) administrative expenses to carry out certain federal-aid highway programs.
 
Sets forth certain requirements for distribution (including in certain cases denial of distribution) of the obligation limitation for federal-aid highway amounts for specified federal highway programs, including certain transportation research programs. Provides for the redistribution of any unused obligation limitation on federal-aid highways amounts (including certain authorized funds) to the states. Increases the apportionment of federal-aid highway funds for each fiscal year for the NHS to the Virgin Islands, Guam, American Samoa, and the Commonwealth of Northern Mariana Islands.
 
(Sec. 1103) Authorizes appropriations for FY2005-2009 for administrative expenses of the Federal Highway Administration (FHA) and the Appalachian Regional Commission in administering specified federal-aid highway programs through FY2009. Increases the set-aside of federal-aid highway funds for metropolitan planning to 1.5%. Reauthorizes appropriations for the Alaska Highway through FY2009. 
 
(Sec. 1104) Revises federal highway funding minimum guarantee provisions to establish the Equity Bonus Program (effectively replacing the Minimum Guarantee Program). Requires the Secretary of Transportation (Secretary), for each of FY2005-2009, to allocate among the states amounts sufficient to ensure that no state: (1) receives a percentage of the total apportionments for the fiscal year for specified federal-aid highway programs that is less than a specified formulated percentage; (2) before making the allocations, receives a combined total of such allocated amounts, apportionments for specified federal-aid highway programs and amounts allocated under this section, that is less than 115% of the average for FY1998-2003 of the annual apportionments for the state for certain federal-aid highway programs; and (3) receives a percentage of apportionments for the fiscal year for specified federal-aid highway programs that is less than 90.5% to 92% of the percentage share of the state of estimated tax payments attributable to highway users in the state paid into the HTF in the most recent fiscal year for which data are available.
 
Prohibits metropolitan planning set-aside requirements from applying to such state allocations. Authorizes appropriations from the HTF for FY2005-2009.
 
(Sec. 1105) Changes the calculation of Revenue Aligned Budget Authority (RABA). Continues the RABA for FY2006 and each fiscal year thereafter.
 
(Sec. 1106) Defines the term: (1) &quot;eligible funds&quot; to mean excess funds or inactive funds for a specific transportation project that were allocated before FY1998 and designated in a public law for allocation for the transportation project; and (2) &quot;excess funds&quot; to mean funds obligated for a specific transportation project that remain available after the project has been completed or canceled, or an unobligated balance of funds allocated for a transportation project that the state certifies are no longer needed for the transportation project.
 
Makes eligible funds available for surface transportation program projects. Authorizes the Secretary, on the request of a state, to obligate eligible funds for surface transportation program projects, or deobligate such funds and reobligate them for any eligible purpose under the program.
 
Expresses the sense of Congress that eligible funds should be available for obligation for transportation projects in the same geographic region for which such funds were initially made available.
 

Subtitle B: New Programs
 - (Sec. 1201) Directs the Secretary to establish and implement an infrastructure performance and maintenance program under which a state may obligate funds allocated to the state only for projects eligible under the Interstate Maintenance Program, the NHS Program, the Surface Transportation Program (STP), the Highway Safety Improvement Program, the Highway Bridge Program, and the Congestion Mitigation and Air Quality Improvement Program, that will: (1) preserve, maintain, or otherwise extend, in a cost-effective manner, the useful life of existing highway infrastructure elements and hurricane evacuation routes on the federal-aid system; or (2) provide operational improvements (including traffic management and Intelligent Transportation System (ITS) strategies and limited capacity enhancements) at points of recurring highway congestion or through transportation systemic changes to manage or ameliorate congestion.
 
Directs that funds allocated to a state be obligated within 180 days after the apportionment date. Provides for the redistribution of unallocated funds.
 
(Sec. 1202) Establishes the National Surface Transportation Policy Study Commission to conduct a complete investigation and study of the current condition and future needs of the surface transportation system, including a comprehensive study of alternatives to replace or to supplement the fuel tax as the principal revenue source of the HTF, and to develop a conceptual plan, with alternative approaches, for the future. Authorizes appropriations for FY2005.
 
(Sec. 1203) Directs the Secretary to establish a freight transportation gateways program to improve productivity, security, and safety of freight transportation gateways, while mitigating congestion and community impacts. Requires each state to: (1) ensure that intermodal freight transportation, trade facilitation, and economic development needs are adequately considered and fully integrated into the project development process; and (2) designate a freight transportation coordinator. Encourages states and localities to adopt innovative financing strategies for freight transportation gateway improvements.
 
Authorizes a state to obligate funds apportioned to it for publicly-owned intermodal freight transportation projects that provide community and highway benefits by addressing economic, congestion, system reliability, security, safety, or environmental issues associated with freight transportation gateways. Lists eligible projects. Provides for a 90% federal cost share for projects supporting an NHS intermodal freight connection or strategic highway network connector to a strategic military deployment port. Directs states with respect to certain federal vehicle length limitations to update the list of federal-aid system highways to which they shall apply to include: (1) strategic highway network connectors to strategic military deployment ports; and (2) NHS intermodal freight connections serving military and commercial truck traffic going to major intermodal terminals.
 
(Sec. 1204) Replaces provisions regarding priority primary routes with a requirement that the Secretary carry out a program for construction of ferry boats and ferry terminal and maintenance facilities, at an 80% federal cost share. Directs the Secretary to give priority in the allocation of federal-aid highway funds to ferry systems, and public entities responsible for developing ferries, that: (1) carry the greatest number of passengers and vehicles; (2) carry the greatest number of passengers in passenger-only service; or (3) provide critical access to areas that are not well-served by other modes of surface transportation. Authorizes appropriations from the HTF (other than the Mass Transit Account) for each fiscal year.
 
(Sec. 1205) Designates: (1) Interstate Highway 86 in New York State, extending from the Pennsylvania border near Lake Erie through Orange County, as the &quot;Daniel Patrick Moynihan Interstate Highway&quot;; and (2) the three-mile segment of Interstate Route 86 between the interchange of Interstate Route 86 with New York State Route 15 in the vicinity of Painted Post, New York, and the interchange of Interstate Route 86 with New York State Route 352 in the vicinity of Corning, New York, as the &quot;Amo Houghton Bypass.&quot;
 
(Sec. 1206) Directs the Administrator of the FHA to collect, and report annually to Congress on, any bid price data that is necessary to make state-by-state comparisons of highway construction costs. Requires the Secretary to encourage and provide incentives to states to make maximum use of innovative and cost-effective materials and products in highway construction.
 

Subtitle C: Finance
 - (Sec. 1301) Modifies provisions regarding determination of the federal share and increased federal share applicable to certain federal-aid highway projects. Authorizes a state to determine a lower federal share that is otherwise applicable to such projects. Authorizes the federal share to be increased for projects and activities in each state in which is located nontaxable Indian land, public land (reserved or unreserved), a national forest, or a national park and monument.
 
Provides that the federal share for such states shall be increased by a percentage of the remaining cost that is equal to the percentage that the area of all such land in a state bears to the total area of the state, but does not exceed 95% of the total cost.
 
(Sec. 1302) Revises requirements for authorized transfer of funds for transit projects or transportation planning for highway projects, and of funds for highway projects or transportation planning for transit projects.
 
Provides for the transfer of funds derived from the HTF to another federal agency, and, at a state's request, of the state's apportioned or allocated funds to another state, or to the FHA, for the purpose of funding one or more specific projects.
 
(Sec. 1303) Amends the Transportation Infrastructure Finance and Innovation Act (TIFIA) to expand the scope of projects eligible for TIFIA assistance. Lowers the threshold for eligible projects to $50 million. Allows a project to be eligible when project costs are anticipated to equal or exceed 20% of the federal highway funds apportioned to that state in the most recently completed fiscal year. 
 
Provides that the amount of a secured loan shall not exceed the lesser of 33% of the reasonably anticipated eligible project costs or the amount of the senior project obligations. Excludes reasonably required financing reserves from interest, with respect to lines of credit.
 
Replaces provisions regarding project servicing with a requirement that the Secretary establish a uniform system to service federal credit instruments. Authorizes the Secretary to: (1) establish fees at a level to cover all or a portion of the costs to the federal government of servicing such instruments; (2) appoint a financial entity to assist the Secretary in servicing such instruments; and (3) retain the services of expert firms, including counsel, in the field of municipal and project finance to assist in the underwriting and servicing of such instruments.
 
Reauthorizes appropriations from the HTF through FY2009, with a limit on administrative costs. Repeals a reporting requirement regarding the financial performance of projects or assistance received.
 
(Sec. 1304) Amends the Transportation Equity Act for the 21st Century (TEA-21) to extend the state infrastructure bank program to any state that seeks to establish such a bank.
 
(Sec. 1305) Authorizes the Secretary to undertake a pilot program to demonstrate the advantages of public-private partnerships for critical capital development projects, including highway, bridge, and freight intermodal connector projects.
 

Subtitle D: Safety
 - (Sec. 1401) Replaces provisions regarding the development of a national scenic and recreational highway with a Highway Safety Improvement Program (HSIP), aimed at achieving a significant reduction in traffic fatalities and serious injuries on public roads. Requires a state to have in effect a highway safety improvement program meeting specified criteria.
 
Includes among eligible projects any highway safety improvement project on a public road or publicly owned bicycle or pedestrian pathway or trail. Authorizes a state, to further implementation of its strategic highway safety plan, to use up to 25% of the funds made available under this section for a fiscal year to carry out safety projects under any other section, as provided in the state plan. 
 
Sets the federal share of highway safety improvement projects at 90%.
 
Authorizes appropriations for FY2005-2009 for projects in all states to improve traffic signs and pavement markings consistent with certain FHA recommendations for accommodation of older drivers and pedestrians.
 
Earmarks annual funds for the elimination of hazards and the installation of protective devices at railway-highway crossings.
 
(Sec. 1402) Increases funding for Operation Lifesaver, and moves its source to the HSIP.
 
(Sec. 1403) Amends federal highway law to define &quot;higher-risk impaired driver law&quot; to mean a state law that provides certain minimum penalties for driving while impaired. Increases from 1.1% to 3% the percentage of a state's apportionment of federal-aid highway program funds the Secretary is required to transfer to its apportionment of federal highway funds for highway safety programs, to be used only to reduce deaths and injuries resulting from persons driving motor vehicles while impaired by alcohol or a controlled substance, if the state has not enacted or is not enforcing a higher-risk impaired driver law.
 
(Sec. 1404) Amends the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) to exempt any over-the-road bus, or any vehicle regularly and exclusively used as an intrastate public agency transit passenger bus, from the maximum gross weight limitations imposed by any State on vehicles using the Dwight D. Eisenhower System of Interstate and Defense Highways.
 
(Sec. 1405) Amends federal highway law to direct the Secretary to establish and carry out a safe routes to school program for the benefit of children in primary and secondary schools to facilitate the planning, development, and implementation of infrastructure-related projects and activities that will improve safety in the vicinity of schools. Sets the federal share of project costs at 90%.
 
(Sec. 1406) Replaces a provision regarding a Hazard Elimination Program with a requirement that states carrying out projects purchase equipment only after completing and providing a written analysis demonstrating the cost savings associated with purchasing the equipment compared with renting the equipment from a qualified equipment rental provider. Limits requirement to certain heavy equipment with a purchase price in excess of specified amounts.
 
(Sec. 1407) Amends the National Highway System Designation Act of 1995 to direct the Secretary, in carrying out the Work Zone Safety Program under ISTEA, to recommend that federally-assisted projects: (1) in excess of $15 million enter into contracts only with contractors that carry at least $15 million in general liability insurance, and include work zone intelligent transportation systems provided by a qualified vendor and monitored continuously; (2) fully fund not less than 5% of project costs for work zone safety and temporary traffic control measures provided by a qualified provider; and (3) implement the use of a device capable of automatically capturing images of, measuring the speed of, and relating to, multiple vehicles in multiple lanes simultaneously, and correlating measured speeds to capture images of specific identified vehicles traveling over posted speed limits in road work zones and construction areas.
 
(Sec. 1408) Directs the Secretary to promulgate regulations within a year to: (1) decrease the probability of worker injury; and (2) maintain the free flow of vehicular traffic by requiring workers whose duties place them on, or in close proximity to, a federal-aid highway to wear high-visibility clothing.
 
(Sec. 1409) Revises the requirement that the Secretary withhold a specified percentage of a state's federal-aid highway program apportionment for a fiscal year if the state has not enacted a law that prohibits the possession of an open alcoholic beverage container, or the consumption of an alcoholic beverage, in the passenger area of a motor vehicle on a public highway (or its right-of-way). Reduces the specified percentage from 3% to 2%. Requires the restoration of any apportionment reduction if the state enacts an open container law within four years after the initial reduction.
 
(Sec. 1410) Amends the federal criminal code to prohibit the sale to, or use by, unauthorized users of traffic signal preemption transmitters (devices or mechanisms that can change a traffic signal's phase time or sequence). Prescribes civil and criminal penalties for violations of such prohibition. 
 
(Sec. 1411) Expresses the sense of the Senate that, in an effort to further change the culture of alcohol-impaired driving on our Nation's highways, the President should consider establishing a Presidential Commission on Alcohol-Impaired Driving to examine related issues and make recommendations for changes that would further reduce the level of deaths and injuries caused by drunk driving.
 
(Sec. 1412) Expresses the sense of the Senate that the National Highway Traffic Safety Administration (NHTSA) should work with state and local governments and independent organizations to increase public awareness of state legal limits on blood alcohol concentration levels and the dangers of drinking and driving.
 
(Sec. 1413) Directs the Secretary to establish a program to make grants to commercial driver training schools and programs to provide financial assistance to entry level drivers of commercial vehicles. Sets the federal share of grant costs at 80%. Authorizes appropriations for FY2006-2009.
 

Subtitle E: Environmental Planning and Review - Chapter 1: Transportation Planning
 - (Sec. 1501) Permits states and metropolitan planning organizations (MPOs) to consider during the transportation planning process: (1) protecting habitat, water quality, and agricultural and forest land, while minimizing invasive species; and (2) minimizing adverse health effects from mobile source air pollution, and promoting the linkage of the transportation and development goals of the metropolitan area. 
 
(Sec. 1502) Requires states and MPOs to consult with agencies responsible for land use management, natural resources, environmental protection, conservation, and historic preservation in developing long-range transportation plans. Requires such plans to include discussions of: (1) types of potential habitat, hydrological, and environmental mitigation activities that may assist in compensating for loss of habitat, wetlands, and other environmental functions; and (2) potential areas to carry out these activities.
 
(Sec. 1503) Directs the Secretary to take into account two documents, &quot;Flexibility in Highway Design&quot; and &quot;Eight Characteristics of Process to Yield Excellence and the Seven Qualities of Excellence in Transportation Design,&quot; in developing design criteria for the NHS.
 
(Sec. 1504) Modifies requirements for long-range transportation plans to direct states and MPOs to hold public meetings at convenient and accessible locations and times, employ visualization techniques to describe the plans, and make public information available in electronically accessible format.
 
(Sec. 1505) Modifies requirements for NHS and STP projects to permit obligation of NHS and STP funds for state habitat, streams, and wetlands mitigation efforts.
 
Replaces construction authority for access highways to public recreation areas on certain lakes with a that states establish habitat, streams, and wetlands mitigation funds. Authorizes a state to use the fund for mitigation projects as well as projects to protect existing roadways from anticipated flooding of a closed basin lake.
 

Chapter 2: Transportation Project Development Process
 - (Sec. 1511) Makes the Department of Transportation (DOT) the lead federal agency in the environmental review process for a highway or transit project requiring the Secretary's approval, but allows for other joint lead agencies. Authorizes a project sponsor to request that the lead agency carry out the environmental review process for a project or group of projects. 
 
Grants the lead agency authority and responsibility to identify and invite cooperating agencies, develop an agency coordination plan, determine the purpose and need for the project and the range of alternatives to be considered, take other necessary and proper actions to facilitate the expeditious resolution of the environmental review process, and ensure that any required environmental impact statement is completed in accordance with applicable federal law.
 
(Sec. 1512) Authorizes the Secretary to assign a state, under a memorandum of understanding, the responsibility for determining whether certain designated activities are categorically excluded from administrative requirements for environmental assessments.
 
(Sec. 1513) Directs the Secretary to carry out a surface transportation project delivery pilot program with up to five participating states, under which the Secretary may assign to a state specified responsibilities for environmental review or other action required under federal environmental law pertaining to the review or approval of a specific project.
 
(Sec. 1514) Deems certain requirements calling for the preservation of parks, recreation areas, wildlife and waterfowl refuges, and historic sites with respect to the development of transportation plans and programs to be satisfied with respect to those areas if the Secretary determines, based on specified criteria, that the transportation program or project will have a de minimis impact on the areas.
 
Directs the Secretary to study the implementation of these requirements and commission an independent review of the study plan and methodology, and any associated conclusions, by the Transportation Research Board of the National Academy of Sciences.
 

Chapter 3: Miscellaneous
 - (Sec. 1521) Authorizes a state to use apportioned transportation improvement funds to pay the costs of acquiring real property determined critical because: (1) its appraised value is increasing significantly; (2) there is an immediate threat of development or redevelopment; and (3) the property is necessary to implement project goals.
 
(Sec. 1522) Directs the Secretary to carry out a planning capacity building initiative to support enhancements in transportation planning concerning metropolitan, statewide, and tribal activities.
 
Directs the Secretary to give priority to planning practices and processes that support: (1) the transportation elements of homeland security planning; (2) performance-based planning; (3) safety planning; (4) operations planning; (5) freight planning; (6) air quality planning; and (7) integration of environment and planning.
 
(Sec. 1523) Amends federal transportation law to authorize the Secretary to award grants to state or local governments or nonprofit organizations for capital projects for: (1) an intermodal passenger facility related to intercity bus service; and (2) coordination between such service and other specified transportation through an integrated system of public transportation information. Sets the Federal share of project costs at 50%. Authorizes appropriations from the HTF for FY2005-2009.
 
(Sec. 1524) Requires funds made available to commission studies and reports regarding construction of routes linking specified cities in Georgia, Alabama, and Mississippi and linking specified cities in Georgia and Tennessee to be provided to the Secretary to study and report to Congress on the steps and estimated funding necessary to: (1) construct a route for the 14th Amendment Highway, from Augusta, Georgia, to Natchez, Mississippi (formerly designated the Fall Line Freeway within the State of Georgia); and (2) designate and construct a route for the 3rd Infantry Division Highway, extending from Savannah, Georgia, to Knoxville, Tennessee (formerly the Savannah River Parkway in the State of Georgia), following a route generally defined through certain towns in Georgia and Tennessee.
 

Subtitle F: Environment
 - (Sec. 1601) Includes among eligible NHS projects: (1) environmental restoration and pollution abatement; (2) control of invasive plant species; and (3) establishment of native species. Allows environmental restoration and pollution abatement to minimize or mitigate the impacts of specified transportation projects to address water pollution or environmental degradation caused wholly or partially by a transportation facility. Makes funds available to control invasive plant species and to establish native species, if such efforts are related to federally-funded transportation projects.
 
(Sec. 1602) Authorizes an Indian tribe to nominate a road as a National Scenic Byway only if a federal land management agency (other than the Bureau of Indian Affairs), a state, or a political subdivision of a state does not have jurisdiction over, or responsibility for managing, the road. Requires Indian tribes to maintain the safety and quality of such roads.
 
Authorizes the Secretary to carry out technical assistance, marketing, market research, and promotion with respect to State Scenic Byways, National Scenic Byways, All-American Roads, and America's Byways.
 
(Sec. 1603) Modifies the recreational trails program (RTP) to include among permissible uses of program funds: (1) assessment of trail conditions for accessibility and maintenance; (2) use of trail crews, or youth conservation or service corps; and (3) development and dissemination of publications and operation of educational programs to promote safety and environmental protection. Allows a state to make available not less than 10% of its apportionments to provide grants to, or enter into cooperative agreements or contracts with, qualified youth conservation or service corps to perform RTP activities.
 
Allows the use of RTP funds for the nonfederal share. Relieves RTP projects from specified requirements applicable to highway projects.
 
(Sec. 1604) Declares that the Interstate System shall not be considered a historic site.
 
(Sec. 1605) Replaces the Secretary's authority to approve an NHS project designed to allow for the preservation of environmental, scenic, or historic values with a requirement that the Secretary encourage states to design projects that: (1) allow for preservation of such values; (2) ensure the safe use of the facility (as also under current law); (3) provide for consideration of the context of the locality; and (4) encourage access for other modes of transportation.
 
(Sec. 1606) Modifies requirements for high occupancy vehicle (HOV) lanes. Allows one or more responsible agencies (Currently, the state transportation agency) to establish occupancy requirements. Conditions the current allowance on HOV lanes of qualifying low emission and energy efficient vehicles with less than required occupancy upon state establishment of a program for selection, certification, and labeling of such vehicles.
 
Authorizes a responsible agency to permit on HOV lanes: (1) other vehicles with less than required occupancy only if the agency charges a toll; and (2) designated public transportation vehicles, subject to labeling and restrictions to prevent an HOV lane from becoming seriously degraded.
 
(Sec. 1607) Directs the Secretary to select and make grants to a national, nonprofit organization engaged in promoting bicycle and pedestrian safety to: (1) operate a national bicycle and pedestrian clearinghouse; (2) develop information and educational programs regarding walking and bicycling; and (3) disseminate techniques and strategies for improving bicycle and pedestrian safety. Provides for a set-aside of funds for FY2005-2009 for such program.
 
(Sec. 1608) Authorizes a state to: (1) permit electrification or other idling reduction facilities and equipment for use by commercial motor vehicles to be placed in rest and recreation areas, and in safety rest areas, constructed or located on rights-of-way of the Interstate System; and (2) charge for the use of those facilities.
 
(Sec. 1609) Amends TEA-21 to modify the Interstate System Reconstruction and Rehabilitation Pilot Program. Authorizes the Secretary to permit the collection of tolls on one facility on the Interstate System in the state of Virginia(currently, in three facilities on the System in three different states). Authorizes the Secretary to approve a state application for the pilot program only if the state's analysis shows that financing the reconstruction or rehabilitation of a facility with the collection of tolls under the program is the most efficient, economical, or expeditious way to advance the project.
 
Directs the Secretary, in a Fast and Sensible Toll (FAST) Lanes Program, to permit a state, public authority, or state-designated public or private entity to collect a toll from motor vehicles for any highway, bridge, or tunnel, including Interstate System facilities, for specified purposes only. Limits the use of toll revenues.
 
Authorizes a toll facility to establish a toll that varies in price according to time of day or level of traffic to manage congestion or improve air quality.
 
Requires fees collected from motorists using a FAST lane to be collected only through the use of noncash electronic technology that optimizes the free flow of traffic on a tolled facility.
 
Authorizes appropriations for FY2005-2009.
 
(Sec. 1610) Directs the Administrator of the Environmental Protection Agency (EPA) to: (1) study the ability of monitors to differentiate particulate matter larger than 2.5 micrometers in diameter (coarse particulate matter); (2) develop a method to measure directly the amount and composition of such matter; and (3) report to specified congressional committees.
 
(Sec. 1611) Modifies the congestion mitigation and air quality improvement (CMAQ) program apportionment formula to take into account fine particulate matter.
 
(Sec. 1612) Makes eligible activities under the CMAQ program: (1) the purchase of alternative fuel and of biodiesel fuel; (2) the purchase of integrated, interoperable emergency communications equipment; or (3) use of diesel retrofit technologies. 
 
Requires states to develop, implement, and periodically revise emission reduction strategies for engines and vehicles used in CMAQ-funded construction projects located in nonattainment areas for ozone and certain particulate matter.
 
Directs the EPA Administrator to publish a nonbinding list of emission reduction strategies and supporting technical information for each strategy.
 
Authorizes the use of CMAQ program funds by: (1) Maine for the operation of passenger rail service between Boston, Massachusetts, and Portland, Maine; and (2) Montana for the operation of public transit activities serving a nonattainment or maintenance area.
 
(Sec. 1613) Directs the Secretary to encourage states and MPOs to consult with state and local air quality agencies in nonattainment and maintenance areas on the estimated emission reductions from proposed CMAQ improvement programs and projects.
 
(Sec. 1614) Directs the Secretary to evaluate and assess a representative sample of CMAQ-funded projects to: (1) determine their impact on air quality and congestion levels; and (2) ensure effective implementation of the CMAQ program.
 
(Sec. 1615) Changes requirements for the frequency of updates to metropolitan transportation plans, metropolitan transportation improvement programs (TIPs) in nonattainment and maintenance areas, and statewide Tips Changes the minimum frequency with which transportation conformity must be demonstrated to every four years. Revises the conformity horizon for transportation plans.
 
(Sec. 1616) Amends the Clean Air Act to prescribe methods for new nonattainment areas to use in determining transportation conformity to help achieve the national ambient air quality standards. 
 
(Sec. 1617) Permits transportation control measures (TCMs) specified in a state implementation plan for national primary and secondary ambient air quality standards to be replaced or added to the plan with alternate or additional TCMs if the substitute measures achieve equivalent or greater emissions reductions, and certain other requirements are met.
 
(Sec. 1618) Requires the EPA Administrator to promulgate regulations for the review and handling of air quality monitoring data influenced by exceptional events.
 
(Sec. 1620) Amends federal highway law to direct the Secretary to establish a highway storm-water discharge mitigation program to: (1) improve the quality of storm-water discharge from federal-aid highways or associated facilities; and (2) enhance groundwater recharge.
 
(Sec. 1621) Directs the President to conduct a review of federal procurement policy of off-site recycled coolant.
 
(Sec. 1622) Directs the Administrator of the EPA to establish a program for awarding competitive grants to state governmental entities, contracting entities, or nonprofit school transportation associations for the replacement, retrofit of, or purchase of alternative fuels for, certain existing school buses. Authorizes the Administrator of the EPA to award 50% grants for replacement of school buses with clean school buses (powered by a heavy duty engine operating solely on an alternative fuel or ultra-low sulfur diesel fuel). Requires the Administrator of the EPA to achieve nationwide deployment of clean school buses. Authorizes appropriations for FY2006-2010.
 
(Sec. 1623) Establishes within DOT the Conserve by Bicycling Program under which the Secretary shall establish up to 10 geographically dispersed pilot projects designed to conserve energy resources by encouraging the use of bicycles in place of motor vehicles. Directs the Secretary to contract with the National Academy of Sciences to study and report to Congress on the feasibility of converting motor vehicle trips to bicycle trips.
 

Subtitle G: Operations
 - (Sec. 1701) Includes among STP-eligible projects any regional transportation operations collaboration and coordination activities associated with regional improvements, such as traffic incident management, technology deployment, emergency management and response, traveler information, and regional congestion relief.
 
Authorizes a state to spend funds apportioned under the STP to reduce traffic delays caused by motor vehicle accidents and breakdowns on highways during peak driving times (rush hour).
 
Directs the Secretary to carry out a transportation systems management and operations program to ensure efficient management and operation of transportation systems through regional and statewide collaboration, coordination, and real-time information sharing among managers and operators of major modes of transportation, public safety officials, and the general public.
 
(Sec. 1702) Directs the Secretary to: (1) carry out a real-time system management information program; and (2) establish exchange formats to ensure that the data provided by highway and transit monitoring systems (including statewide incident reporting systems) can readily be exchanged between jurisdictions. Requires each state to establish a statewide incident reporting system.
 
Requires state and local governments, in developing or updating regional intelligent transportation system (ITS) architectures, to address the real-time highway and transportation needs of the state or local government.
 
(Sec. 1703) Revises competitive bidding requirements for engineering and design services with respect to federal-aid highway construction projects to repeal the authority of states to opt for alternative equivalent qualifications-based requirements.
 
(Sec. 1704) Changes from discretionary to mandatory the distribution of 1% of funds for forest development roads and trails for the transportation planning process for the Lake Tahoe region.
 
Designates the city of Norman, Oklahoma, as part of the Oklahoma City urbanized area for purposes of allocating federal-aid highway program funds.
 

Subtitle H: Federal-Aid Stewardship
 - (Sec. 1801) Extends from 12 to 20 years the period of time in which a state must agree to construct a highway the Secretary may designate as a future Interstate System route.
 
(Sec. 1802) Revises the requirement that plans, specifications, and estimates for proposed projects on any Federal-aid highway be accompanied by a value engineering analysis or other cost reduction analysis. Requires a state to provide a value engineering analysis or other cost-reduction analysis for: (1) projects on the federal-aid highway system with an estimated total cost of $25 million or more; (2) a bridge project with an estimated total cost of $20 million or more; and (3) any other project the Secretary determines to be appropriate.
 
Directs the Secretary to establish an oversight program to monitor the efficient use of funds for federal-aid highway projects. Requires a recipient of funds for a project with an estimated cost of $1 billion or more, and recipients for such other projects as the Secretary may identify, to submit to the Secretary a project management plan and an annual financial plan.
 
(Sec. 1803) Revises the term &quot;qualified projects&quot; to include intermodal projects for which the Secretary has approved the use of design-build contracting under specified criteria.
 
Requires the Secretary to promulgate revised regulations that: (1) do not preclude state transportation departments or local transportation agencies from issuing requests for proposals or proceeding with awards of design-build contracts prior to compliance with certain environmental requirements; (2) require that the state transportation department or local transportation agency receive concurrence from the Secretary before carrying out such activities; and (3) preclude the design-build contractor from proceeding with final design or construction of any permanent improvement prior to completion of the environmental requirements.
 
(Sec. 1804) Revises the Secretary's authority to pay a state the federal share of the cost of state construction of any project on the National Highway System or the Interstate System, after the Secretary has authorized the state to proceed without the aid of federal funds. Declares that the Secretary may obligate all or a portion of the federal share from any category of funds for which the project is eligible (currently, only when additional funds are apportioned to the State).
 
Declares that funds allocated to a state for a particular purpose for a fiscal year shall be considered to be obligated if a sum equal to the total of the funds allocated to the state for that purpose for that fiscal year and previous fiscal years is obligated.
 
(Sec. 1805) Authorizes the set-aside of federal-aid highway funds for FY2005-2009 for discretionary resurfacing, restoring, rehabilitating, and reconstructing of Interstate System routes.
 
(Sec. 1806) Revises requirements for the use of federal land management agency funds to authorize their use to pay the nonfederal share of costs of any project (currently, only a federal-aid highway project) in which the federal share is funded under this title or under mass transportation funds.
 
Revises requirements for state authority to dispose of funds for the federal share of a project, allowing the state to transfer such funds directly to the federal agency undertaking a proposed federal-aid project.
 
Directs the Secretary to allocate sums for forest development roads and trails according to the relative needs of the various national forests. Revises allocations to states for public lands highways and forest highways. Requires the Secretary to give priority, regarding funds for park roads and parkways, to projects for highways that are located in, or provide access to, a qualifying national park and were initially constructed before 1940.
 
Authorizes the allocation of appropriated federal highway funds through FY2005 and afterwards for Indian reservation roads. Establishes a federal lands highway demonstration project which calls for funds for Indian reservation roads and for highway bridges located on Indian reservation roads to be made available, upon its request, to the Indian tribal government involved.
 
Limits to 6% the contract authority amounts made available from the HTF to the Bureau of Indian Affairs (BIA) that can be used to pay BIA expenses incurred in administering the Indian reservation roads program. Authorizes an Indian tribe or tribal organization to approve plans, specifications, and estimates, and commence road and bridge construction, if it provides assurances that the construction will meet applicable health and safety standards.
 
Includes recreation roads within the Federal Lands Highways Program. Limits the amount of HTF funds apportioned for Indian reservation roads for maintenance (excluding road sealing) to not more than 25% of the apportioned amount.
 
Authorizes specified allocations of federal-aid highway funds for safety and for recreation roads.Provides that a maintenance or improvement project for recreation roads shall not require any additional environmental reviews or assessments if certain conditions are met.
 
Renames forest development roads and trails national forest system roads and trails.
 
(Sec. 1807) Renames the Highway Bridge Replacement and Rehabilitation Program as the Highway Bridge Program. Authorizes a state participating in the Program to carry out preventative maintenance or installation of scour countermeasures without regard to whether the bridge is eligible for replacement or rehabilitation.
 
Authorizes appropriations for FY2005-2009 for the Highway Bridge Program, with specified amounts set-aside for: (1) certain bridge projects under the Discretionary Bridge Program; and (2) certain replacement or rehabilitation projects on off-system bridges, or to complete the Warwick Intermodal Station (including construction of a related people mover). Requires not less than 20% of the amount apportioned to the State of Colorado to be expended for off-system bridge pilot projects.
 
Declares that costs incurred by a state to preserve a historic bridge shall be eligible as reimbursable project costs up to 200% of the estimated cost of demolition.
 
Directs the Secretary to publish annually in the Federal Register a report describing construction materials used in new federal-aid bridge construction and bridge rehabilitation projects.
 
(Sec. 1808) Directs the Secretary to apportion funds made available from the HTF for FY2005-2009 among states based on the latest available estimate of the cost to construct highways and access roads for the Appalachian development highway system program.
 
(Sec. 1809) Establishes the Multistate Corridor Program to encourage multistate transportation planning and development, and support the planning, development, and construction of certain identified high priority corridors.
 
(Sec. 1810) Establishes a border planning, operations, technology, and capacity improvement program to support coordination and improvement in bi-national transportation planning, operations, efficiency, information exchange, safety, and security at the U.S. borders with Canada and Mexico. Authorizes the transfer of program funds to the General Services Administration (GSA) for transportation infrastructure projects at or near the border in border states.
 
(Sec. 1811) Directs the Secretary to allocate federal-aid highway funds for FY2005-2009 to the Commonwealth of Puerto Rico to carry out the Puerto Rico Highway Program.
 
(Sec. 1812) Directs the Secretary to: (1) collect and disseminate information on historic covered bridges; (2) conduct educational programs; and (3) conduct research on the history of such bridges, including techniques for protecting them from damage. Directs the Secretary to make grants to states to rehabilitate or repair or preserve a historic covered bridge.
 
Authorizes appropriations for FY2005-2009.
 
(Sec. 1813) Establishes a transportation and community and system preservation program to facilitate the development of strategies by states, MPOs, federally-recognized Indian tribes, and local governments to integrate transportation, community, and system preservation plans and specified practices.
 
Authorizes appropriations for FY2005-2009.
 
Includes among eligible projects under the surface transportation program: (1) such transportation and community system preservation projects; and (2) certain intersection improvement projects.
 
(Sec. 1814) Establishes a parking pilot program to address the shortage of long-term parking for drivers of commercial motor vehicles on the NHS. Directs the Secretary to carry out a pilot program to provide corridor and fringe parking facilities to support car pooling, van pooling, ride sharing, commuting, and HOV travel.
 
Authorizes appropriations from the HTF (other than the Mass Transit Account) for FY2005-2009.
 
(Sec. 1815) Directs the Secretary to: (1) establish an Interstate oasis program; and (2) develop standards for designating as such an oasis a facility that offers products and services to the public, restroom access, and parking for automobiles and heavy trucks, among other things.
 
(Sec. 1816) Authorizes an Indian tribe and a state to enter into a road maintenance agreement under which an Indian tribe assumes the state's responsibilities for Indian reservation roads, including access roads.
 
(Sec. 1817) Earmarks for each fiscal year amounts made available for National Forest System roads to pay the costs of facilitating the passage of aquatic species beneath roads in the System, including culverts and bridges.
 
(Sec. 1818) Directs the Secretary to carry out a territorial highway program to assist each territory (American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, the U.S. Virgin Islands) in the construction and improvement of a system of arterial and collector highways, including necessary inter-island connectors. Makes the program an eligible NHS project.
 
Authorizes appropriations.
 
(Sec. 1819) Revises requirements for the Magnetic Levitation Transportation Technology Deployment Program.
 
Authorizes a state, state-designated authority, multistate-designated authority, or special purpose entity to apply to the Secretary for grants to conduct preconstruction planning, environmental impact analysis, as well as alternatives planning and construction for proposed new magnetic levitation (MAGLEV) projects, or extensions to MAGLEV planned, studied, or deployed under this or any other program.
 
Authorizes appropriations from the HTF (other than the Mass Transit Account) for FY2005-2009.
 
(Sec. 1820) Declares that nothing shall prevent a local government from offering to donate funds, materials, or services performed by local government employees in connection with a federal-aid highways project. Repeals mandatory crediting against the state share of any contributions by such local governments.
 
(Sec. 1821) Requires that not less than 10% of funds made available for any federal-aid highways, transportation research, or public transportation programs under this Act be expended with small business concerns owned and controlled by socially and economically disadvantaged individuals.
 
(Sec. 1823) Requires the Secretary to encourage states to give priority to pedestrian and bicycle facility enhancement projects that include a coordinated physical activity or healthy lifestyles program.
 
(Sec. 1824) Directs the Secretary to establish the Delta Region Transportation Development Program. Authorizes appropriations.
 
(Sec. 1825) Establishes the Multistate International Corridor Development Program to develop international trade corridors in order to facilitate the movement of freight from international ports of entry and inland ports through and to the interior of the United States.
 
(Sec. 1826) Amends TEA-21 to authorize appropriations from the HTF (other than the Mass Transit Account) for contract authority regarding Indian reservation public roads for FY2005-2009.
 
(Sec. 1827) Amends the ISTEA to direct the Secretary, with respect to the CMAQ program, to solicit the participation of state and local governments and public authorities for one or more value pricing pilot programs for FY2005 and each fiscal year thereafter.
 
(Sec. 1828) Authorizes the Secretary to provide a credit to the State of Louisiana for matching federal funds for the cost of any planning, engineering, design, or construction work related to the Houma-Thibodaux to I-10 connector from Gramercy to Houma, Louisiana.
 
(Sec. 1829) Authorizes the Secretary to approve and provide federal funding for construction of project number STP-189-1(15)CT3 in Gwinnett County, Georgia.
 
(Sec. 1830) Directs the Secretary to notify a state that has been awarded a grant or other federal funds of the criteria for small business concerns to participate in federally-funded projects.
 
(Sec. 1831) Directs the Administrator of the FHA to study and report to Congress on the specific damage to the Alaska Way Viaduct, in the State of Washington, from the Nisqually earthquake of 2001 that contributes to the ongoing degradation of the Viaduct.
 
(Sec. 1832) Declares that the federal share of costs for the construction of a bridge between Bismarck and Mandan, North Dakota, shall be 90%.
 
(Sec. 1833) Directs the Secretary to study and report to Congress on: (1) the role of well-designed transportation projects in promoting economic development, protecting public health, safety, and the environment, and enhancing the architectural design and planning of communities; and (2) the positive benefits of such projects for those communities.
 
(Sec. 1834) Directs the Secretary and the Secretary of Homeland Security to develop and submit to Congress jointly a written comprehensive plan for evacuation of the U.S. coastal areas during any natural or man-made disaster that affects coastal populations.
 
(Sec. 1835) Amends TEA-21 to include, in the high priority project for noise barriers along State Route 28, Aspinwall, Pennsylvania, improvements to access streets and roads.
 
(Sec. 1836) Replaces a high priority project in Michigan calling for preliminary engineering, acquiring right-of-way, and construction of of I-75/North Down River Road interchange with a high priority project requiring a transportation needs study and the making of improvements to I-75 interchanges in the Grayling area, Michigan.
 
(Sec. 1837) Authorizes the State of Nevada to continue the construction of &quot;US-95 Project in Las Vegas, Nevada,&quot; as approved by the FHA on November 18, 1999, unless an agreement is reached between the FHA, the State of Nevada, and the Sierra Club.
 

Subtitle I: Technical Corrections
 - (Sec. 1901) Makes technical amendments to federal highway law with respect to: (1) letting of contracts (bidding) requirements with respect to the federal-aid secondary system; (2) fringe and corridor parking facilities; (3) the January 30, 1971, deadline for guidelines for minimizing possible soil erosion from highway construction; (4) signs identifying that highway construction projects funded out of the HTF (other than the Mass Transit Account); and (5) certain Buy American requirements for the federal-aid highways program.
 

Title II: Transportation Research - Subtitle A: Funding
 - (Sec. 2001) Authorizes appropriations out of the HTF (other than the Mass Transit Account) for FY2005-2009 for: (1) surface transportation research, including the surface transportation-environmental cooperative research program; (2) training and education; (3) the Bureau of Transportation Statistics; (4) ITS standards, research, operational tests, and development; and (5) university transportation centers. Specifies certain allocations.
 
(Sec. 2002) Sets obligations ceilings for FY2005-2009. 
 

Subtitle B: Research and Technology
 - (Sec. 2101) Revises transportation research and technology requirements.
 
Requires selection of contractors and grantees, to the maximum extent practicable and appropriate on a competitive basis, and on the basis of the results of peer review proposals submitted to the Secretary.
 
Requires the Secretary to continue, through September 30, 2009, the long-term pavement performance program tests, monitoring, and data analysis.
 
Requires the Secretary to cooperate with the Center for Civil Engineering Research at the University of Nevada, Reno (as well as, currently, the National Center for Earthquake Engineering Research at the University of Buffalo) to carry out a seismic research program.
 
Requires the Secretary to develop a five-year strategic plan for research and technology transfer and deployment activities pertaining to the security aspects of highway infrastructure and operations.
 
Authorizes appropriations for FY2005-2009 for biobased research of national importance at the National Biodiesel Board and at certain research centers.
 
Requires the Secretary to carry out a program to demonstrate the application of high-performance concrete in the construction and rehabilitation of bridges.
 
Directs the Secretary to carry out programs: (1) to demonstrate the application of high-performing steel in the construction and rehabilitation of bridges; and for the application of innovative material, design, and construction technologies in the construction, preservation, and rehabilitation of elements of surface transportation infrastructure (currently, only construction of bridges and other structures).
 
Requires the local technical assistance program to provide access to surface transportation technology to infrastructure security.
 
Repeals the mandate for an advisory board to recommend environmental and energy conservation research, technology, and technology transfer activities related to surface transportation.
 
Revises surface transportation research technology deployment and strategic planning requirements to direct the Secretary to establish a Surface Transportation Research Technology Advisory Committee.
 
Subdivides the currently required surface transportation research and technology development plan into mandatory strategic plans for each of specified core surface transportation research areas.
 
Requires the National Research Council to establish and carry out through FY2009 a new strategic highway research program.
 
Requires the Secretary to: (1) provide grants to nonprofit institutions of higher learning to establish university transportation centers; (2) encourage multistate cooperative agreements, coalitions, or other arrangements to promote regional cooperation, planning, and shared project implementation; (3) make grants to states to continue intelligent transportation system management and operations in the Interstate Route I-95 corridor coalition region; and (4) continue the deployment of the advanced transportation model known as the Transportation Analysis Simulation System (TRANSIMS) developed by the Los Alamos National Laboratory.
 
(Sec. 2102) Requires the Secretary to direct the Bureau of Transportation Statistics to assume the role of lead agency in working with other DOT agencies to establish statistical standards for DOT. Directs the Bureau to study the ways in which transportation statistics are and may be used for national security purposes, and to recommend to the Transportation Security Administration (TSA) any means by which the use of such statistics for national security purposes may be improved. Requires the Bureau to develop new protocols for adapting current data collection and delivery efforts to deliver information in a more timely and frequent fashion.
 
Requires the Secretary to provide a grant, or enter into a cooperative agreement or contract with, the Transportation Research Board of the National Academy of Sciences to study of the DOT data collection and statistical analysis efforts with respect to modes of surface transportation.
 
(Sec. 2103) Requires the Secretary to establish centers for surface transportation excellence to promote high-quality outcomes in support of strategic national programs and activities, including a Center for Environmental Excellence, a Center for Operations Excellence, a Center for Excellence in Surface Transportation Safety, a Center for Excellence in Project Finance, and a Center for Excellence in Asset Management. Requires the Secretary to review and approve a multiyear strategic plan for each center before funds authorized for FY2005-2009 are obligated. Prescribes allocations for such Centers for FY2005-2009.
 
(Sec. 2104) Requires the Secretary to provide grants for a comprehensive, in-depth motorcycle crash causation study that employs the common international methodology for in-depth motorcycle accident investigation of the Organization for Economic Cooperation and Development (OECD). Earmarks certain funds for FY2005-2006.
 
(Sec. 2105) Amends TEA-21 to revise transportation technology innovation and demonstration program requirements, especially for intelligent transportation infrastructure (ITI). Splits the ITI program into two parts. Requires the Secretary: (1) in part I of the program to permit the original contractor to use uncommitted funds to deploy intelligent transportation infrastructure systems accepted by the Secretary in any specified deployment areas (currently, only in Pennsylvania), with the consent of the state transportation department; and (2) in part II of the program to award, on a competitive basis, contracts for the deployment of ITI systems accepted by the Secretary in congested areas (metropolitan areas experiencing significant traffic congestion), with the consent of the state transportation department.
 
Declares that ITS projects under the program that involve privately owned ITS components, and carried out using HTF funds, shall not be subject to any State or local law prohibiting or regulating commercial activities in the rights-of-way of a highway for which federal-aid highway funds have been used for planning, design, construction, or maintenance, if the Secretary determines that such use is in the public interest.
 
Authorizes appropriations.
 

Subtitle C: Intelligent Transportation System Research
 - (Sec. 2201) Amends federal highway law to direct the Secretary to carry out an ongoing research program to research, develop, and operationally test ITS, and provide technical assistance in the nationwide application of ITS as a component of U.S. surface transportation systems.
 
Directs the Secretary to develop a five-year National ITS Program Plan that specifies goals and objectives for the research and deployment of ITS in the context of major and smaller metropolitan areas, rural areas, and commercial vehicle operations.
 
Directs the Secretary to develop, implement, and maintain a national ITS architecture and supporting standards.
 
Directs the Secretary to carry out a commercial vehicle information systems and networks program, including grants of up to $ 2.5 million to an eligible State for the core deployment of such systems and networks. Authorizes appropriations.
 
Directs the Secretary to carry out a comprehensive program of ITS research, development, and operational tests of intelligent vehicles and intelligent infrastructure systems.
 

Title III: Transportation Discretionary Spending Guarantee and Budget Offsets
 - (Sec. 3101) Expresses the sense of the Senate that transportation spending should be consistent with the overall federal budget.
 
(Sec. 3102) Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to set forth discretionary spending for certain budget accounts under the highway and mass transit categories.
 
Directs the Office of Management and Budget (OMB) to calculate, and the President's budget for FY2006-2009 to include, adjustments to the highway category to align spending with revenues (including adjustments to the obligation limitation and outlay limit for such category) for the budget year and each outyear. Sets forth the estimated level of highway receipts for FY2005-2009 for purposes of making such adjustments.
 
Sets forth discretionary spending limits for the highway and mass transit categories for FY2005-2009.
 
Directs OMB to calculate, and the President's budget for FY2006-FY2009 to include, for the budget year and each outyear an adjustment to the limits on outlays for the highway and mass transit categories.
 
(Sec. 3103) Sets forth the level of obligation limitations for the highway and mass transit categories for FY2005-FY 2009.
 

Title IV: Solid Waste Disposal
 - (Sec. 4001) Amends the Solid Waste Disposal Act to direct the Administrator of the EPA and each agency head to implement fully all procurement requirements and incentives, including federal procurement guidelines, that provide for the use of cement and concrete incorporating recovered mineral component in cement or concrete projects.
 
Requires each agency head to give priority to achieving greater use of recovered mineral component in cement or concrete projects.
 
Instructs the Administrator of the EPA to study and report to Congress on the extent to which current procurement requirements may realize energy savings and environmental benefits attainable with substitution of recovered mineral component in cement used in cement or concrete projects.
 
(Sec. 4002) Instructs the Administrator of the EPA to establish criteria for the safe and environmentally protective use of granular mine tailings (&quot;chat&quot;) from the Tar Creek, Oklahoma, Mining District, for: (1) cement or concrete projects; and (2) transportation construction projects (including those involving the use of asphalt) carried out using Federal funds.
 

Title V: Highway Reauthorization and Excise Tax Simplification
 - Highway Reauthorization and Excise Tax Simplification Act of 2005 - 
Subtitle A: Trust Fund Reauthorization
 - (Sec. 5101) Amends the Internal Revenue Code to extend through FY2011: (1) the 7.3 cents per gallon tax rate on fuel for certain buses; (2) the increased tax rate for special motor fuels; (3) the increased tax rate for methanol or ethanol fuel; (4) the excise tax on heavy trucks and trailers sold at retail; (5) the excise tax on tires; (6) the increased tax rate for gasoline, diesel fuel, and kerosene; (7) the highway motor vehicle use tax; (8) the period for floor stock refunds for taxes on tires and certain taxable fuels; (9) the exemption from tax for certain tax-free sales and for use of certain heavy vehicles; and (10) the authority for transfers of motorboat and small-engine fuel taxes from the Highway Trust Fund to the Aquatic Resources Trust Fund. 
 
Extends through FY2009 expenditure authority for the Highway Trust Fund and Aquatic Resources Trust Fund.
 
(Sec. 5102) Extends from 24 to 48 months the period for estimating net highway tax receipts for purposes of adjusting apportionments to states for federal highway-aid programs. 
 

Subtitle B: Excise Tax Reform and Simplification - Part I: Highway Excise Taxes
 - (Sec. 5201) Exempts limousines with a gross vehicle weight greater than 6,000 pounds from the gas guzzler excise tax.
 
(Sec. 5202) Exempts from the excise tax on heavy trucks and trailers sold at retail: (1) certain tractors weighing 19,500 pounds or less; and (2) certain equipment used for transporting farm crops to and on farms.
 
(Sec. 5204) Revises the excise tax regime for: (1) P series fuels (as defined by the Secretary of Energy), 18.3 cents per gallon; (2) compressed natural gas and hydrogen, 18.3 cents per energy equivalent of a gallon of gasoline; and (3) liquefied natural gas, any liquid fuel (other than ethanol or methanol) derived from coal (including peat), and liquid hydrocarbons derived from biomass, 24 cents per gallon.
 
Classifies alternative fuel as a taxable fuel for excise tax purposes. Defines &quot;alternative fuel&quot; as a compressed or liquefied natural gas, P Series Fuels, hydrogen, any liquid fuel (other than ethanol and methanol) derived from coal (including peat), and liquid hydrocarbons derived from biomass. 
 
Allows an excise tax credit for alternative fuels and fuel mixtures sold for use as fuel in a highway vehicle. Terminates such credit after FY2009.
 

Part II: Aquatic Excise Taxes
 - (Sec. 5211) Repeals the authority for transfers to the Boat Safety Account in the Aquatic Resource Trust Fund and phases out transfers to such Account through FY2010.
 
Establishes in the Treasury the Sport Fish Restoration and Boating Trust Fund.
 
(Sec. 5212) Exempts commercial cargo exported from the United States from the harbor maintenance tax. 
 
(Sec. 5213) Limits the excise tax on fishing rods or poles to the lesser of 10 percent or $10. 
 

Part III: Aerial Excise Taxes
 - (Sec. 5221) Provides that an aerial applicator of agricultural fertilizer or other substances that is the ultimate purchaser of gasoline used on farms may qualify for an excise tax exemption for such gasoline without the necessity of a waiver by farm owners, operators, or tenants of their right to be treated as users and ultimate purchasers of such gasoline. Includes within such tax exemption gasoline used for the direct flight between the airfield and one or more farms. 
 
Exempts fixed-wing aircraft used for forestry purposes from the passenger air transportation tax unless such aircraft uses federally-funded airports and airway services. 
 
(Sec. 5222) Expands the definition of rural airports for purposes of the air transportation tax to include an airport that is not connected by paved roads to another airport. Exempts from such tax: (1) transportation by seaplanes that do not use airports receiving assistance from the Airport and Airways Trust Fund; and (2) certain sightseeing aircraft. 
 

Part IV: Taxes Relating to Alcohol
 - (Sec. 5231) Repeals the special occupational taxes on producers and marketers of alcoholic beverages and on the nonbeverage or industrial use of distilled spirits. Revises and adds registration, recordkeeping, and inspection requirements for wholesale and retail dealers of distilled spirits. 
 
(Sec. 5232) Extends until January 1, 2007, and increases from $13.25 to $13.50 per proof gallon, the amount of excise tax on distilled spirits required to be paid back (covered) to the Treasuries of Puerto Rico and the Virgin Islands. Requires Puerto Rico to transfer a portion of the amount paid back to the Puerto Rico Conservation Trust Fund. 
 
(Sec. 5233) Allows certain wholesalers, distillers, and importers of distilled spirits an income tax credit for the average carrying costs of the excise tax on distilled spirits. 
 
(Sec. 5234) Permits taxpayers with distilled spirit tax liabilities of not more than $50,000 to file quarterly tax reports (instead of semimonthly reports). 
 

Part V: Sport Excise Taxes
 - (Sec. 5241) Exempts from the firearms excise tax taxpayers who manufacture, produce, or import less than 50 pistols, revolvers, or firearms annually. 
 

Subtitle C: Miscellaneous Provisions
 - (Sec. 5301) Establishes a Motor Vehicle Fuel Tax Enforcement Advisory Commission to assist in the administration of motor vehicle fuel excise taxes. Authorizes the Commission to obtain data directly from any U.S. agency or department. Terminates the Commission on September 30, 2009. 
 
(Sec. 5302) Establishes a National Surface Transportation Infrastructure Financing Commission to study the funding of, and alternative approaches to generating revenues for, the Highway Trust Fund. Authorizes the Commission to obtain data directly from any U.S. agency. Directs the Commission to submit a final report to the Secretaries of Transportation, the Treasury, and to specified congressional committees within two years of its first meeting.
 
(Sec. 5303) Authorizes expenditures from the Highway Trust Fund for two comprehensive studies of supplemental or alternative funding sources for the Highway Trust Fund.
 
(Sec. 5304) Directs the Delta Regional Authority to study the transportation assets and needs of states in the Delta Region (i.e., Alabama, Arkansas, Illinois, Kentucky, Louisiana, Mississippi, Missouri, and Tennessee).
 
(Sec. 5305) Establishes the Build America Corporation as a nonprofit and nongovernmental agency to issue Build America bonds. Authorizes the use of Build America bond proceeds to fund certain qualified projects, including highway projects, public transportation projects, and congestion relief projects. 
 
(Sec. 5306) Increases the tax exclusion for transportation and parking fringe benefits of employees. Adjusts such exclusion amounts for inflation after 2008. 
 
(Sec. 5307) Directs the Secretary of the Treasury to study the use of highway motor fuel by trucks for nontransportation purposes. 
 
(Sec. 5308) Authorizes the issuance of tax-exempt bonds for qualified highway or qualified surface freight transfer facilities.
 
(Sec. 5309) Permits the tax-free acquisition of a railroad real estate investment trust by a state.
 
(Sec. 5310) Allows a tax credit for 50 percent of the cost of installing residential or commercial alternative fuel vehicle refueling property for the sale of fuels consisting of at least 85 alternative fuels (e.g., ethanol, natural gas, and hydrogen). Limits the amount of such credit to $30,000 per year for commercial property and $1,000 for residential property. Terminates such credit after 2009.
 
(Sec. 5311) Modifies recapture rules for the sale of amortizable intangible property to treat a series of sales of such property as one sale.
 
(Sec. 5312) Directs the Commissioner of the Internal Revenue Service (IRS) to report to specified congressional committees on the availability of new technologies to enhance collections of diesel fuel excise tax. 
 

Subtitle D: Fuels-related Technical Corrections
 - (Sec. 5401) Makes technical or clerical corrections to: (1) the American Jobs Creation Act of 2004 relating to refunds for excise tax on certain alcohol fuels and the termination date for the 21.8-cent per gallon rate for noncommercial aviation jet fuel; and (2) the Transportation Equity Act for the 21st Century.
 

Subtitle E: Revenue Offset Provisions - Part I: General Provisions
 - (Sec. 5501) Sets forth a special rule for the treatment of contingent payment convertible debt instruments. 
 
(Sec. 5502) Imposes increased penalties for frivolous tax submissions. Defines &quot;submissions&quot; to include requests for collection due process hearings, installment agreements, offers in compromise, or taxpayer assistance orders. Permits taxpayers to withdraw frivolous tax submissions without penalty. 
 
(Sec. 5503) Increases criminal penalties for attempts to evade or defeat tax, willful failure to file tax returns, supply information, or pay tax, and fraud and false statements. 
 
(Sec. 5504) Doubles tax penalties, fines, and interest for underpayments of tax related to certain offshore financial arrangements. 
 
(Sec. 5505) Exempts U.S. shareholders of controlled foreign corporations from the application of certain passive foreign investment company rules where such corporations earn subpart F income and there is only a remote likelihood that subpart F income will be included in the gross income of such shareholders. 
 
(Sec. 5506) Requires that the federal income tax return of a corporation include a declaration signed by the chief executive officer of such corporation, under penalty of perjury, that the corporation has procedures in place to ensure that its return complies with tax law and that the chief executive officer was provided with reasonable assurance of the accuracy of such return. 
 
(Sec. 5507) Authorizes the Secretary of the Treasury to prescribe regulations disallowing or allocating the foreign tax credit under circumstances involving an inappropriate separation of foreign taxes from the related foreign income. 
 
(Sec. 5508) Creates a reward program for individuals (whistleblowers) who provide information to the Secretary regarding violations of tax laws. Establishes in the Internal Revenue Service a Whistleblower Office to process whistleblower information. Requires the Secretary to report to Congress on the use of whistleblower rewards.
 
(Sec. 5509) Denies a tax deduction for the payment of fines or penalties unless paid as restitution (including remediation of property) under a court order. 
 
(Sec. 5510) Excludes listed transactions (transactions specifically identified as tax shelter transactions by the Secretary) from rules suspending the imposition of interest and penalties for underpayments of tax for which a taxpayer has not received a notice from the IRS within 18 months after filing a tax return. Allows a suspension of interest for taxpayers participating in certain IRS settlement initiatives.
 
(Sec. 5511) Repeals the exemption for qualified transportation property from limitations on losses attributable to certain tax-exempt use property (enacted by the American Jobs Creation Act of 2004). 
 
(Sec. 5512) Sets forth tax rules for U.S. citizens and permanent resident aliens (expatriates) who terminate their citizenship or residency to avoid or evade U.S. taxation. Treats all property owned by expatriates as sold on the day before expatriation for its fair market value. Exempts the first $600,000 of such property. Provides for an inflation adjustment to such $600,000 amount, beginning in 2006.
 
Permits expatriates to elect to continue to be taxed as U.S. citizens. Permits such expatriates to defer payment of tax, but requires the posting of adequate security for any deferred tax.
 
Sets forth rules for the tax treatment of retirement plans, interests in trusts, gifts, and inheritances of expatriates.
 
Amends the Immigration and Nationality Act to deny expatriates who fail to comply with tax obligations reentry into the United States (currently, reentry is denied to U.S. citizens who terminate citizenship to avoid taxation). 
 
(Sec. 5513) Denies a tax deduction for the payment of punitive damages incurred as a result of a judgment or in settlement of a claim.
 
(Sec. 5514) Allocates to a C corporation in a partnership the corporation's share of indebtedness and interest from the partnership for purposes of applying earnings stripping limitations.
 
(Sec. 5515) Requires the inclusion in the gross income of a taxpayer who exchanges an option to purchase employer securities, employer securities, or any other property based on employer securities for the right to receive future payments, the present value of such right.
 
(Sec. 5516) Limits the tax deduction for the entertainment expenses of an employer to the amount of such expenses reported as wages of an employee.
 
(Sec. 5517) Increases to $25 the minimum penalty for bad check up to $1,250 tendered to the IRS as payment of tax.
 
(Sec. 5518) Excludes mining exploration and development costs from the adjusted basis of property in computing the depletion deduction for purposes of alternative minimum taxable income.
 

Part II: Economic Substance Doctrine
 - (Sec. 5521) Defines &quot;economic substance&quot; for purposes of evaluating tax shelter transactions.
 
(Sec. 5522) Increases penalties for understatements of tax attributable to transactions lacking economic substance. 
 
(Sec. 5523) Denies a tax deduction for interest on underpayments of tax attributable to transactions lacking economic substance. 
 

Part III: Improvements in Efficiency and Safeguards in Internal Revenue Service Collection
 - (Sec. 5531) Requires the Secretary to waive fees for the setup of an installment agreement for the payment of tax if the taxpayer agrees to automated installment payments. 
 
(Sec. 5532) Grants the Secretary authority to terminate an installment agreement for the payment of tax if the taxpayer fails to make a timely tax deposit or file a timely tax return.
 
(Sec. 5533) Grants the Secretary discretion to determine whether to require a written opinion for offers-in-compromise of $50,000 or more (currently, such offers-in-compromise can only be accepted if supported by a written opinion from the IRS Chief Counsel).
 
(Sec. 5534) Requires a taxpayer who submits an lump sum (five or fewer installments) offer-in-compromise to pay 20 percent of the amount of such offer at the time of its submission.
 
(Sec. 5535) Directs the Secretary to establish a joint task force on offers-in-compromise. 
 

Subtitle F: Additional Revenue Provisions - Part I: General Provisions 
- (Sec. 5601) Suspends Highway Trust Fund reimbursement to the general fund of excise tax revenues for the period of April 1, 2005, through September 30, 2009. 
 
(Sec. 5602) Dedicates gas guzzler tax revenues to the Highway Trust Fund for the period of July 1, 2005, through September 30, 2009. 
 

Part II: Provisions to Combat Fuel Fraud
 - (Sec. 5611) Restores the 24.3 cents per gallon tax rate on all kerosene, including aviation-grade kerosene. Allows reduced rates for kerosene used for commercial aviation and for other aviation uses if such fuel in placed directly in the fuel tank of an aircraft from any refinery or terminal.
 
Directs the Secretary to transfer certain tax revenues from aviation fuel from the Highway Trust Fund to the Airport and Airway Trust Fund beginning in FY2006 through FY2011.
 
(Sec. 5612) Repeals provisions authorizing ultimate vendors to file diesel fuel and kerosene refund claims on behalf of farmers.
 
(Sec. 5613) Permits credit card companies registered with the IRS to file fuel excise tax refund claims on behalf of state and local governments.
 
(Sec. 5614) Requires states to certify that: (1) a state or local agency is part of a state or local government or a qualified volunteer fire department; and (2) a tax-exempt educational organization is in good standing with the state for such organization to qualify for tax-free purchases of fuel. 
 
(Sec. 5615) Requires persons, other than publicly-traded corporations, to re-register with the Secretary upon a change of ownership for purposes of the excise tax on taxable fuels. Imposes civil and criminal penalties for failure to reregister. 
 
(Sec. 5616) Requires the Secretary of Homeland Security to establish an electronic data interchange system to enable U.S. Customs and Border Protection to electronically transmit to the IRS information on cargoes of any taxable fuels.
 
(Sec. 5617) Requires operators of deep-draft vessels to register with the Secretary for purposes of bulk transfer excise tax exemptions.
 
(Sec. 5618) Requires the Secretary to: (1) impose a gasoline excise tax on the nonbulk entry or removal of any gasoline blend stock after September 30, 2005; and (2) include mineral spirits in the definition of kerosene for excise tax purposes.
 
(Sec. 5619) Excludes from the export exemption from certain excise taxes the delivery of a taxable fuel into a fuel tank of a motor vehicle which is shipped or driven outside of the United States.
 
(Sec. 5620) Imposes a $10,000 penalty on any person who knowingly transfers for resale, sells, or holds out for resale diesel fuel that does not comply with Environmental Protection Agency (EPA) low sulfur diesel regulations. Dedicates penalty revenues to the Highway Trust Fund.
 

Title VI: Public Transportation
 - Federal Public Transportation Act of 2005 - (Sec. 6003) Revises requirements for the development and revitalization of U.S. public transportation systems.
 
(Sec. 6005) Revises requirements for development by MPOs of transportation plans and programs for metropolitan planning areas.
 
(Sec. 6006) Replaces certain metropolitan area transportation improvement program requirements with requirements for statewide transportation plans and statewide transportation improvement programs.
 
(Sec. 6009) Authorizes the Secretary to award urbanized area formula grants for planning (including mobility management), transit enhancements, and operating costs of equipment and facilities for use in public transportation in an urbanized area with a population of between 200,000 and 225,000. Limits a recipient of a formula grant in an urbanized area with a population of 558,329 to not more than 20% of the grant for the provision of non-fixed route paratransit services in accordance with the Americans with Disabilities Act, provided the grant recipient is in compliance with that Act, including both fixed route and demand responsive service and such service is acquired by contract.
 
(Sec. 6010) Repeals the clean fuels formula grant program. Revises requirements for grants to states, MPOs, and local governments, agreements with other departments, or contracts with private nonprofit or for-profit entities to develop transportation plans and programs (including metropolitan planning and state planning and research). Directs the Secretary to establish a Planning Capacity Building Program.
 
(Sec. 6011) Eliminates the Secretary's authority to make loans for certain capital projects under the capital investment program.
 
Prescribes separate requirements for grantees receiving more than $75 million for a new fixed guideway capital project, and for grantees receiving less than $75 million for a new fixed guideway or corridor improvement capital project.
 
Authorizes the Secretary to establish a pilot program to demonstrate the advantages of public-private partnerships for certain fixed guideway systems development projects.
 
Sets forth certain allocations for FY2005 and FY2006 for major capital projects for new fixed guideway systems and extensions and projects for new fixed guideway or corridor improvement capital projects, fixed guideway modernization, and buses and bus-related equipment and facilities, including allocations: (1) for FY2005-2009 for capital projects in Alaska and Hawaii for new fixed guideway systems and extension projects utilizing ferry boats, ferry boat terminals, or approaches to ferry boat terminals; and (2) in each fiscal year for intermodal terminal projects and intercity bus portion of such projects.
 
Authorizes the use for fixed guideway projects under this Act of funds provided to grantees under the bus and bus facility category for fixed guideway ferry and gondola projects in the Department of Transportation and Related Agencies Appropriations Acts for FY1998-2005, or accompanying committee reports, that remain available and unobligated.
 
Authorizes the Secretary to credit funds provided by the Florida Department of Transportation for the extension of the Miami Metrorail System from Earlington Heights to the Miami Intermodal Center to satisfy certain matching requirements for the Miami North Corridor and Miami East-West Corridor projects.
 
(Sec. 6012) Revises requirements for the grant program for the special transportation needs of elderly individuals and individuals with disabilities, eliminating loans to states for related service.
 
(Sec. 6013) Revises requirements for formula grants for other than urbanized areas to distinguish between recipients (states and Indian tribes) and subrecipients (state or local governmental authorities, nonprofit organizations, or private operators of public transportation or intercity bus service) that receive federal funds through a recipient. Apportions HTF funds for FY2006-2009 for formula grants for other than urbanized areas to Indian tribes for eligible public transportation projects on Indian reservations.
 
(Sec. 6014) Revises requirements for grants, contracts, cooperative agreements, or other transactions for research, development, or demonstration projects. Adds deployment projects. Repeals specific authority for: (1) research, investigation, and training grants to institutions of higher education; and (2) grants for training fellowships and innovative techniques and methods.
 
(Sec. 6015) Repeals apportionment requirements for state planning and research with respect to a mass transportation cooperative research program.
 
(Sec. 6016) Eliminates the Industry Technical Panel.
 
Authorizes the Secretary to award: (1) demonstration grants to certain charitable or educational organizations or state or local government agency to provide transportation services to individuals to access dialysis treatments and other medical treatments for renal disease; and (2) grants to a national not-for-profit organization for the establishment of a national technical assistance center for senior transportation programs.
 
Directs the Secretary to study and report to Congress on: (1) actions necessary to purchase increased volumes of alternative fuels for use in public transit vehicles; and (2) the effectiveness of alternative methods to improve the accessibility of public transportation for persons with visual disabilities.
 
(Sec. 6020) Repeals authority for: (1) the suspended light rail technology pilot project; and (2) crime prevention and security grants for public transportation systems.
 
(Sec. 6022) Repeals the prohibition against the use of a grant or loan to: (1) pay ordinary governmental or nonproject operating expenses; or (2) support a procurement that uses an exclusionary or discriminatory specification.
 
Makes U.S. lands closed as a result of a military base closure available for transit purposes (including corridor preservation). Allows their transfer to a state or local government for such purposes, subject to reversion to the United States if such lands are no longer needed for public transportation purposes. Authorizes the Secretary to terminate capital investment assistance, and seek reimbursement, if the Secretary determines that an assistance recipient (state or local government or nonprofit organization) has made a false or fraudulent statement in connection with a federal transit program.
 
Permits a recipient of federal financial assistance to use proceeds from the issuance of revenue bonds as part of the local matching funds for a capital project. 
 
(Sec. 6023) Repeals certain limitations on discretionary and special needs grants and loans. Sets forth certain financial and environmental requirements regarding the acquisition of real property for public transportation capital projects.
 
(Sec. 6024) Requires recipients of capital investment assistance to conduct all procurement transactions on a competitive basis. Eliminates authority for noncompetitive bidding on capital project or improvement contracts. Prescribes general requirements for design-build projects. Authorizes recipients of capital investment assistance to enter into a contract to expend such assistance to acquire rolling stock. Denies application to vehicles purchased with federal assistance of any state law requiring buses to be purchased through in-state dealers.
 
(Sec. 6025) Requires the project management plan of a recipient of capital investment assistance for a major capital project to provide for safety and security management.
 
Increases from .5% to 1% the amount of funds for certain capital projects that the Secretary may use to make a contract to oversee the construction of such projects.
 
(Sec. 6027) Directs the Secretary to require a local government to submit a plan for eliminating, mitigating, or correcting any safety hazards and security risks established by investigation. Requires the Secretary to enter into a memorandum of understanding (MOU) with the Secretary of Homeland Security to define the respective roles of DOT and the Department of Homeland Security with respect to public transportation security.
 
(Sec. 6028) Applies certain requirements for the withholding from certain states of urbanized area formula grant amounts to states that are designing rail fixed guideway public transportation systems that will not be FRA-regulated.
 
(Sec. 6030) Authorizes the Secretary to decide that a form of public transportation is covered adequately, for employee alcohol and controlled substances testing purposes, under pertinent law or regulations of an agency within DOT or other federal agency.
 
(Sec. 6032) Prohibits the Secretary, except as directed by the President for purposes of national defense or in the event of a national or regional emergency, from regulating the operation, routes, or schedules of a public transportation system for which a capital projects grant is made, or the rates, fares, tolls, rentals, or other charges prescribed by a public or private transportation provider.
 
Requires the Secretary to notify Congress at least three full business days before any discretionary grant award, letter of intent, or full funding grant agreement for a transportation project totaling $1 million or more is announced. 
 
(Sec. 6034) Apportions certain formula grant funds for FY2006 and each succeeding fiscal year to certain urbanized areas with populations of less than 200,000. Requires the calculation of small transit intensive cities factors in such apportionments. Directs the Secretary to study and report to Congress on the feasibility of developing and implementing an incentive funding system for operators of public transportation.
 
(Sec. 6036) Authorizes FY2005 appropriations for formula grants for certain capital projects, job access and reverse commute grants for low income individuals, capital investment program grants, public transportation planning programs, public transportation research, university transportation research, and to carry out certain administrative provisions with respect to public transportation projects. Authorizes FY2006-2009 appropriations for certain public transportation project formula grants and public transportation research, the university centers program, bus grants, and major capital investment grants.
 
(Sec. 6037) Requires the Secretary to apportion for each fiscal year certain formula grants for urbanized areas and other than urbanized areas based on growing states and high density state formula factors.
 
(Sec. 6038) Amends the Federal Transit Act of 1998 to revise the definition of eligible low-income individual for purposes of eligibility for transportation services to and from jobs and related employment activities under the job access and reverse commute grant program to include individuals eligible for assistance under the state program of Temporary Assistance to Needy Families (TANF) funded under part A of title IV of the Social Security Act in the state in which the recipient of such grant is located. Revises grant requirements.
 
(Sec. 6039) Sets forth certain allocations of funds for FY2005-2009 for formula grants for over-the-road bus accessibility program for persons with disabilities.
 
(Sec. 6040) Authorizes the Secretary to award a grant or enter into a contract to carry out a qualified project to provide alternative transportation (by bus, rail, or any other publicly or privately owned conveyance that provides the public general or special service on a regular basis, including sightseeing service) in parks and public lands.
 
(Sec. 6041) Sets forth certain obligation ceilings for FY2005-2009 for amounts made available from the Mass Transit Account of the HTF and amounts appropriated for formula grants and major capital investment grants for public transportation projects.
 
(Sec. 6042) Requires the Secretary to reduce the total apportionments made for FY2005 to each formula grant recipient by the amount apportioned to that recipient under the Surface Transportation Extension Act of 2003, adjusting amounts apportioned to each urbanized area for fixed guideway modernization to reflect the apportionment method set forth under federal transportation law.
 
(Sec. 6043) Applies to amounts available for public transportation projects under this title the requirement of title I that at least 10% of such amounts be expended with small business concerns owned and controlled by socially and economically disadvantaged individuals.
 
(Sec. 6044) Directs the Secretary to study and report to Congress on tax-free transit benefits and ways to promote improved access to and increased usage of such benefits, at federal agencies in the National Capital Region, including agencies not currently offering the benefit. 
 
Authorizes the use of a passenger carrier to transport a federal officer or employee between his or her place of employment and a mass transit facility. Requires a federal agency that provides such service to: (1) absorb the costs; (2) when possible, use alternative fuel vehicles; and (3) coordinate such transportation with other federal agencies. 
 
(Sec. 6045) Amends federal transportation law to set forth certain allocations for FY2005-2009 for capital projects in Alaska and Hawaii for new fixed guideway systems and extension projects utilizing ferry boats, ferry boat terminals, or approaches to ferry boat terminals. Sets forth allocations for FY2006-2009 for payments to the Denali Commission for docks, waterfront development projects, and related transportation infrastructure.
 

Title VII: Surface Transportation Safety Improvement
 - Surface Transportation Safety Improvement Act of 2005 - 
Subtitle A: Motor Carrier Safety - Chapter 1: Motor Carriers
 - Motor Carrier Safety Reauthorization Act of 2005 - (Sec. 7103) Amends federal transportation law to authorize appropriations from the HTF (other than the Mass Transit Account) for FY2006-2009 for: (1) administrative expenses of the Federal Motor Carrier Safety Administration (FMCSA) (earmarking amounts for grants to or contracts with states, local governments, or other persons for the commercial vehicle analysis reporting system); and (2) FMCSA grant programs, including border enforcement grants, performance and registration information system management grants, commercial driver's license and driver improvement program grants, and grants for the commercial vehicle information systems and networks deployment program.
 
(Sec. 7104) Requires the Secretary, using HTF funds, to ensure that high-risk carrier compliance reviews are completed on motor carriers that have demonstrated through performance data that they pose the highest safety risk.
 
(Sec. 7105) Directs the Secretary to complete certain overdue reports, studies, and rulemaking proceedings to issue regulations.
 
(Sec. 7106) Directs the Secretary to: (1) amend the Interim Final Rule addressing New Motor Carrier Entrant Requirements so as to require that a safety audit be immediately converted to a compliance review and appropriate enforcement actions be taken if the safety audit discloses acute safety violations by the new entrant; and (2) ensure that federal motor carrier safety regulations applicable to interstate operations of commercial motor vehicles designed to transport between nine and 15 passengers (including driver) apply to all interstate operations of such carries regardless of the distance traveled.
 
(Sec. 7107) Revises requirements for state motor carrier safety plans to include: (1) implementation of performance-based activities for commercial vehicles of passengers and freight; (2) inspections of motor carriers of passengers are conducted at stations, terminals, border crossings, or maintenance facilities, except in the case of an imminent or obvious safety hazard; (3) information in the training manuals for the driver's license examination on best practices for driving safely in the vicinity of commercial motor vehicles as well as noncommercial vehicles; and (4) enforcement of motor carrier registration requirements by suspending the operation of any vehicle discovered to be operating without registration or beyond the scope of its registration.
 
Authorizes the use of state motor carrier safety grants for documented enforcement of state traffic laws and regulations against noncommercial motor vehicles when necessary to promote commercial motor vehicle safety .
 
Authorizes appropriations from the HTF (other than the Mass Transit Account) for FY2006-2009 for grants to states for commercial motor carrier safety (earmarking amounts for for high priority activities and projects that improve commercial motor vehicle safety, audits of new entrant motor carriers, and commercial driver's license information system modernization).
 
Authorizes the Secretary to make a border enforcement grant to a state sharing a border with another country to carry out border commercial motor vehicle safety programs and related enforcement activities and projects.
 
(Sec. 7108) Provides for the judicial review of actions of the Administrator of FMCSA in carrying out a duty transferred to the Administrator under the DOT Act (Public Law 89-670). Removes the actions of the Administrator of the Federal Highway Administration from judicial reviewability.
 
(Sec. 7109) Subjects to a civil penalty a motor carrier, broker, freight forwarder, or owner or operator of a commercial motor vehicle who fails to allow the Secretary to inspect records or examine property.
 
(Sec. 7110) Establishes a Medical Review Board to provide FMCSA with medical advice and recommendations on driver qualification medical standards and guidelines, medical examiner education, and medical research. Directs the Secretary to establish, review, and revise medical standards for applicants for and holders of commercial driver's licenses (CDLs).
 
(Sec. 7111) Directs the Secretary to revise the final rule to allow individuals who use insulin to treat their diabetes to operate commercial motor vehicles in interstate commerce. Prohibits the Secretary from requiring individuals to have experience operating commercial motor vehicles while using insulin in order to qualify to operate one.
 
(Sec. 7112) Authorizes the Secretary to require private motor carriers (not for compensation) that transport passengers or property to file with the Secretary evidence of minimum levels of financial responsibility for bodily injury to, or death of, an individual resulting from the negligent operation, maintenance, or use of motor vehicles, or for loss or damage to property, or both.
 
(Sec. 7113) Increases civil penalties for persons who: (1) fail to make, or falsely prepare, a required report to the Secretary; (2) violate certain requirements regarding qualifications and maximum hours of service for employees of, and the safety of operation and equipment of, a motor carrier, private motor carrier, or migrant worker motor carrier; or (3) operate a commercial motor vehicle and violate an out-of-service order.
 
(Sec. 7114) Revises safety fitness requirements for a owner or operator of a commercial motor vehicle that transports passengers and hazardous materials. Prohibits such an owner or operator determined not fit to operate in interstate commerce from operating any commercial motor vehicle that affects interstate commerce, until the Secretary determines that such owner or operator is fit. Sets forth similar requirements for determinations of unfitness by the state.
 
(Sec. 7115) Amends federal criminal law to require a driver of a commercial motor vehicle to stop and submit to inspection of the vehicle, driver, cargo, and required records when directed to do so by an authorized FMCSA employee. Sets forth criminal penalties for knowing failure to do so for leaving the inspection site without authorization. Grants FMCSA employees the authority to direct a driver of a commercial vehicle to stop for inspection at or in the vicinity of an inspection site.
 
(Sec. 7116) Amends federal transportation law to direct the Secretary to revoke (currently the Secretary is authorized to suspend) the registration of: (1) a motor carrier that has been prohibited from operating in interstate commerce for failure to comply with commercial motor vehicle safety fitness requirements; and (2) a motor carrier of passengers if the Secretary finds that such carrier has been conducting unsafe operations which are an imminent hazard to public health or property.
 
(Sec. 7117) Authorizes the Secretary to suspend, amend, or revoke any part of a motor carrier's registration if an officer of the motor carrier engages in a pattern or practice of avoiding compliance, or masking or concealing noncompliance, with commercial motor vehicle safety regulations.
 
(Sec. 7118) Directs the Secretary to establish and carry out a motor carrier and motor coach research and technology program.
 
(Sec. 7119) Authorizes the Secretary to use certain funds to participate and cooperate in international activities to enhance motor carrier, commercial motor vehicle, driver, and highway safety by such means as exchanging information, conducting research, and examining needs, best practices, and new technology.
 
(Sec. 7120) Revises certain performance and registration information system management program requirements linking federal motor carrier safety information systems with state commercial vehicle registration and licensing systems. Enables a state to deny, suspend, or revoke the commercial motor vehicle registrations of a motor carrier or registrant that has been issued an operations out-of-service order by the Secretary. Requires a state, as a condition to participate in the program, among other things, to cancel the motor vehicle registration and seize the registration plates of an employer found liable of knowingly allowing or requiring an employee to operate a commercial motor vehicle in violation of an out-of-service order.
 
Authorizes the Secretary to make a grant to a state to implement such requirements.
 
(Sec. 7121) Directs the Secretary to carry out a commercial vehicle information systems and networks program to: (1) improve the safety and productivity of commercial vehicles; and (2) reduce costs associated with their operations and federal and state commercial vehicle regulatory requirements. Establishes mandatory grants to eligible states for the core deployment of commercial vehicle information systems and networks, and discretionary grants to eligible states, upon request, for the expanded deployment of such systems and networks.
 
(Sec. 7122) Authorizes the Secretary, through the NHTSA and FMCSA, to undertake outreach and education initiatives (including the &quot;Share the Road Safely&quot; program) that will reduce the number of highway accidents, injuries, and fatalities involving commercial motor vehicles.
 
Authorizes appropriations for FY2006-2009. 
 
(Sec. 7123) Directs FMCSA to conduct outreach and provide training to state personnel engaged in the enforcement of FMCSA safety regulations to ensure: (1) their awareness of the process for verification of the operating authority of motor carriers (including buses); and (2) proper enforcement when motor carriers are in violation of operating authority requirements. Requires FMCSA to study and report to Congress on the degree to which Canadian and Mexican commercial motor vehicles (including buses) operating in the United states comply with the Federal Motor Vehicle Safety Standards.
 
(Sec. 7124) Directs the Secretary to provide companies conducting preemployment screening services for the motor carrier industry electronic access to commercial motor vehicle accident reports and all driver safety violations in the Motor Carrier Management Information System.
 
(Sec. 7125) Authorizes the Secretary to grant exemptions for categories or classes of drivers of commercial motor vehicles not required to hold a commercial driver's license from compliance with hours of service requirements, if the Secretary determines that it is in the public interest to grant the exemption, and it is likely to achieve a level of safety equivalent to, or greater than, the level that would be obtained in the absence of the exemption, subject to conditions as the Secretary may impose.
 
(Sec. 7126) Prohibits the Commercial Vehicle Safety Alliance from restricting the sale of inspection decals to FMCSA unless FMCSA fails to meet its responsibilities under its MOU with the Alliance (other than a failure due to FMCSA's compliance with federal law).
 
(Sec. 7127) Directs the Secretary to issue regulations establishing a program to ensure the safety of intermodal equipment used to transport intermodal containers. Authorizes the Secretary to inspect intermodal equipment, and copy related maintenance and repair records, on demand and display of proper credentials.
 
(Sec. 7128) Provides that the maximum daily hours of service for an operator of a commercial motor vehicle providing transportation of property or passengers to or from a theatrical or television motion picture production site located within a 100 air mile radius of the operator's work reporting location shall be those in effect under specified regulations in effect on April 27, 2003. States that certain maximum motor carrier driver hours of service federal safety regulations shall not apply to a driver of a utility service vehicle. Prohibits state and local governments from enacting any similar requirements.
 
(Sec. 7129) Declares that nothing in certain federal law relating to motor carriers of property shall be construed to prevent a state from requiring that, in the case of vehicles towed from private property without the owner's or operator's consent, towing companies have prior written consent from a property owner or lessee, or that the owner or lessee be present at the time, or both. 
 
(Sec. 7130) Requires motor carriers, as part of registration with the Secretary, to certify, beginning on January 1, 2007, that their vehicles will comply with the heavy duty vehicle and engine emissions performance standards and related regulations established by the EPA. Requires the Secretary to recommend to Congress methods of ensuring that trucks built before January 1, 2007, comply with applicable emissions performance standards under the Clean Air Act.
 

Chapter 2: Unified Carrier Registration
 - Unified Carrier Registration Act of 2005 - (Sec. 7133) Amends federal transportation law with regard to registered motor carriers or motor private carriers providing transportation or service under federal requirements. Requires a registered motor carrier (except a motor private carrier) to file a bond with the Secretary. Revises certain registration requirements.
 
(Sec. 7134) Directs the Secretary to issue regulations to establish an on-line Federal Unified Carrier Registration System to replace specified current systems. Requires the Unified Carrier Registration System to serve as a clearinghouse and depository of information, and identification of, all motor private carriers (including others) required to register with the DOT, including information on the carrier's safety rating, compliance with required levels of financial responsibility, and compliance with certain state registration requirements. Mandates the Secretary (who currently is authorized) to establish a fee system for the Unified Carrier Registration System. Excludes from such registration requirements motor carriers, motor private carriers of property, or transporters of waste or recyclable materials operating exclusively in intrastate transportation.
 
(Sec. 7135) Eliminates requirements for a single state motor carrier registration system.
 
Establishes a Unified Carrier Registration Agreement (UCR Agreement), which shall govern the collection and distribution of registration and financial responsibility information provided and fees paid by motor carriers, motor private carriers, brokers, freight forwarders, and leasing companies. Establishes a Unified Carrier Registration Plan (UCR Plan) composed of an organization of state, federal, and motor carrier industry representatives responsible for developing, implementing and administering the UCR Agreement.
 
Requires states, to be eligible to participate in the UCR Plan or to receive revenues derived under the UCR Agreement, to submit to the Secretary a plan: (1) identifying the state agency to administer the UCR Agreement; and (2) containing assurances that an amount at least equal to the revenue derived by the state from the UCR Agreement will be used for motor carrier safety programs, enforcement, and financial responsibility, or the administration of the UCR Plan and UCR Agreement.
 
(Sec. 7136) Prohibits a state, political subdivision, interstate agency, or other political agency of two or more states from enacting or enforcing a law, rule, or regulation standard that requires a motor carrier, motor private carrier, freight forwarder, or leasing company to display any form of identification on or in a commercial motor vehicle, with specified exceptions.
 
(Sec. 7137) Authorizes amounts generated by the UCR Agreement and received by a state and used for motor carrier safety purposes to be included as part of the state's share (matching funds) not provided by the United states.
 
(Sec. 7138) Authorizes the Secretary to assist any state participating in the International Registration Plan and International Fuel Tax Agreement, and serving as a base jurisdiction for motor carriers domiciled in Mexico.
 
(Sec. 7139) Directs the Secretary to promulgate regulations establishing minimum standards for state departments of motor vehicles regarding the use of information-based identity authentication to determine the identity of an applicant for a commercial driver's license, or the renewal, transfer or upgrading, of a commercial driver's license.
 
(Sec. 7140) Provides that no additional off-duty time for a driver of a commercial vehicle shall be required in order for the driver to operate the vehicle. 
 

Chapter 3: Commercial Driver's Licenses
 - (Sec. 7151) Directs the Secretary to convene a task force to study and report to Congress on current impediments and foreseeable challenges to the commercial driver's license (CDL) program's effectiveness, and measures needed to realize the full safety potential of the CDL program.
 
Authorizes appropriations for FY2006-2007.
 
(Sec. 7152) Limits an individual who operates a commercial motor vehicle to only one learner's permit (as well as one driver's license) at any time. Revises federal CDL minimum standards to require an individual to pass a written test for a CDL license on the operation of a commercial motor vehicle that complies with certain minimum fitness standards. 
 
(Sec. 7153) Authorizes the Secretary to make a grant to: (1) a state to improve its implementation of the CDL program, provided certain requirements are met; and (2) a state agency, local government, or organization representing government agencies or officials for the full cost of research, development, demonstration projects, public education, or other special activities and projects relating to CDL and motor vehicle safety that are of benefit to all jurisdictions or designed to address national safety.
 
(Sec. 7154) Establishes the Information System Modernization Account within DOT. Directs the Secretary to develop a comprehensive plan for modernization of the CDL information system.
 
(Sec. 7155) Requires the Secretary to recognize any driver who passes a FMCSA approved test as meeting the knowledge test requirement for a school bus endorsement.
 

Subtitle B: Highway and Vehicular Safety
 - Highway and Vehicular Safety Reauthorization Act of 2005 - 
Chapter 1: Highway Safety Grant Program
 - Highway Safety Grant Program Reauthorization Act of 2005 - (Sec. 7212) Amends federal highway law to authorize appropriations from the HTF (other than the Mass Transit Account) for FY2006-2009 for the NHTSA for: (1) the Highway Safety Programs; (2) the Highway Safety Research and Outreach Programs; (3) the Occupant Protection Programs; (4) the Demonstration Programs; (5) the Emergency Medical Services Program; (6) the Impaired Driving Program; (7) the State Traffic Safety Information System Improvements; (8) the preservation of public parks and lands, wildlife and waterfowl refuges, and historic sites; and (9) certain administrative and relating operating expenses.
 
(Sec. 7213) Amends the requirements for uniform guidelines for state highway safety programs to repeal the requirement for programs to increase public awareness of the benefit of motor vehicles equipped with airbags. Requires such guidelines to include, however, state programs to: (1) reduce aggressive driving and to educate drivers about defensive driving; and (2) reduce accidents resulting from fatigued and distracted drivers, including distractions arising from the use of electronic devices in vehicles. 
 
Prohibits the Secretary from approving a state highway safety program which does not include, among other things, satisfactory assurances that the state will implement activities in support of certain national highway safety priorities and performance goals.
 
Increases the apportionment of funds for highway safety programs for tribal governments to 2%. Prohibits states from receiving funds after FY2007 for highway safety programs until the state submits a written statement that it actively encourages all of its law enforcement agencies to follow guidelines established for police vehicular chases issued by the International Association of Chief's of Police.
 
(Sec. 7214) Revises highway safety R&D requirements. Requires the Secretary to conduct research on: (1) all phases of highway safety and traffic conditions; (2) fatigued driving and distracted driving, including the effect of the use of electronic devices and other relevant factors; (3) traffic safety countermeasures; and (4) driver education programs. Requires at least two demonstration projects on fatigued and distracted driving, as well as initiatives to counter it.
 
Repeals authority for collaborative R&D with non-federal entities.
 
Directs the NHTSA Administrator to establish at least two nationwide high-visibility, in coordination with states, nationwide traffic safety campaigns to reduce alcohol-impaired or drug-impaired operation of motor vehicles, and to increase the use of seat belts by occupants of motor vehicles. Authorizes the Administrator of the NHTSA to participate and cooperate in international activities to enhance highway safety. Earmarks funds for such activities.
 
Replaces the authorization for safety research on drugs and driver behavior with a mandate for study of the effects on controlled substances on driver behavior. Requires studies: (1) to collect on-scene motor vehicle collision data and determine crash causation; and (2) the safety of highway toll collection facilities, including toll booths, for toll collectors.
 
Directs the Secretary to study and report to Congress on: (1) pedestrian safety; and (2) the frequency with which persons arrested for operating a motor vehicle under the influence of alcohol or while intoxicated refuse to take a blood alcohol level test, and the effect such refusals on the ability of states to prosecute such persons. 
 
(Sec. 7216) Replaces occupant protection incentive grants with safety belt performance grants. Directs the Secretary to make such grants to states that have enacted for the first time after December 31, 2002, and are enforcing, a primary safety belt use law for all passenger motor vehicles, or in the case of a state that does not have such a law, have a state safety belt use rate of 90% or more. Eliminates child passenger protection law and education program requirements for state grant eligibility. Authorizes appropriations for FY2006-2009. Authorizes states to use such grants for any safety purpose or for any project that corrects or improves a hazardous roadway location or feature or proactively addresses highway safety problems.
 
(Sec. 7217) Replaces the school bus driver training grant program with an R&D program to improve traffic safety pertaining to older drivers. Requires funds allocations for FY2006-2009.
 
Directs the NHTSA Administrator to train state law enforcement personnel in police chase guidelines issued by the International Association of Chiefs of Police. Earmarks funds for such program. 
 
(Sec. 7218) Directs the Secretary and the Secretary of Homeland Security to establish a Federal Interagency Committee on Emergency Medical Services in order to: (1) ensure coordination among the Federal agencies involved with state, local, tribal, or regional emergency medical services and 9-1-1 systems; and (2) recommend new or expanded programs (including grant programs) for improving such services and implementing improved emergency medical services communications technologies, including wireless 9-1-1.
 
Directs the Secretary to coordinate with other federal agencies, and authorizes assistance to state and local governments and emergency medical services organizations, private industry, and other interested parties, to ensure development and implementation of a coordinated nationwide emergency medical services program. Requires states to establish programs to coordinate the emergency medical services and resources deployed throughout the state.
 
(Sec. 7219) Repeals the authority for alcohol traffic safety programs.
 
(Sec. 7220) Revises state eligibility requirements for alcohol-impaired driving program grants. Requires states for FY2006 or FY2007 to meet four, and for FY2008 or FY2009 to meet five, of seven specified criteria in order to receive a grant.
 
(Sec. 7221) Directs the Secretary to make grants to eligible states to support the development and implementation of state traffic safety information systems to improve the timeliness, accuracy, and accessibility of safety data of the state needed to identify priorities for national, state, and local highway and traffic safety programs.
 
Directs the Secretary to determine model data elements useful for the observation and analysis of state and national trends in occurrences, rates, outcomes, and circumstances of motor vehicle traffic accidents.
 
(Sec. 7222) Directs NHTSA to review triennially each state highway safety program.
 
(Sec. 7223) Directs the Secretary to make a grant to each state that enacts or has enacted, has in effect, and is 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 requirements prescribed by the Secretary under Anton's Law.
 
Authorizes appropriations for FY2006-2009.
 
(Sec. 7224) Directs the Secretary to develop and publish a list of states that have established motorcyclist safety training programs and motorist awareness programs.
 
Authorizes appropriations for FY2006-2009.
 

Chapter 2: Specific Vehicle Safety-related Rulings
 - (Sec. 7251) Directs the Secretary to initiate rulemaking to establish performance criteria and standards to: (1) reduce the occurrence of vehicle rollovers; (2) reduce ejections of vehicle occupants from outboard seating positions; and (3) upgrade certain federal standards relating to door locks, door retention, and roof strength for driver and passenger sides.
 
(Sec. 7252) Directs the Secretary to complete a rulemaking proceeding to establish a standard to enhance passenger motor vehicle occupant protection (in all seating positions) in side impact crashes.
 
(Sec. 7253) Directs the Secretary to report to Congress on research conducted to address tire aging.
 
(Sec. 7254) Directs the NHTSA Administrator to study and report to Congress on effective methods (vehicles backover avoidance technology) for reducing the incidence of injury and death outside of parked passenger motor vehicles with a gross weight rating of not more than 10,000 pounds attributable to movement of such vehicles.
 
(Sec. 7255) Directs NHTSA to establish a method to collect and maintain data on the number and types of injuries and deaths involving such motor vehicles in non-traffic incidents.
 
(Sec. 7256) Directs the Secretary to evaluate progress in safety belt use technologies, and consider possible revisions in strategies for achieving further gains in safety belt use.
 
(Sec. 7257) Amends the Automobile Information Disclosure Act to require manufacturers to include government safety rating information on new automobile labels, or to note the absence of such a test or rating.
 
Authorizes appropriations for FY2006-2010 to accelerate the testing processes and increasing the number of vehicles tested under the NHTSA New Car Assessment Program.
 
(Sec. 7258) Requires the Secretary to upgrade Federal Motor Vehicle Safety Standard 118 to require that power windows in motor vehicles not in excess of 10,000 pounds have switches that raise the window only when the switch is pulled up or out.
 
(Sec. 7259) Directs the Secretary to require the testing of 15-passenger vans as part of the rollover resistance program of the NHTSA New Car Assessment Program. Prohibits a school or school system from purchasing or leasing new 15-passenger vans that do not comply with motor vehicle safety standards prescribed for school buses and multifunction school activity buses. Sets forth penalties for violations of such requirements.
 
(Sec. 7260) Directs the EPA Administrator to update and revise the process used to determine certain federal vehicle fuel economy values for labeling purposes to take into consideration current factors that may affect vehicle fuel economy, including speed limits, acceleration rates, braking, variations in weather and temperature, vehicle load, use of air conditioning, driving patterns, and the use of other fuel consuming features. 
 
(Sec. 7261) Requires manufacturers of dual fueled automobiles (including light duty trucks) to affix to them a label stating that they may be operated on alternative fuel (a mixture containing at least 85 percent of methanol, denatured ethanol, and other alcohols by volume with gasoline or other fuels).
 
(Sec. 7262) Authorizes appropriations for FY2006-2009.
 

Subtitle C: Hazardous Materials
 - Hazardous Material Transportation Safety and Security Reauthorization Act of 2005 - 
Chapter 1: General Authorities on Transportation of Hazardous Materials
 - (Sec. 7323) Expands the scope of federal safe transportation of hazardous materials (hazmat) regulations to include persons who: (1) design or inspect a packaging or packaging component represented as qualified for use in transporting hazardous material in commerce; (2) prepare or accept hazardous material for transportation in commerce; (3) are responsible for the safety of transporting it; (4) certify compliance with any requirement under such regulations; or (4) misrepresent whether they are engaged in such activities. 
 
(Sec. 7324) Replaces the Secretary with the Secretary of Homeland Security with respect to requirements for the issuance of hazmat licenses for the transportation of hazardous materials.
 
Directs the Secretary of Health and Human Services to recommend to the Secretary of Homeland Security any chemical or biological material or agent for regulation as a hazardous material if the Secretary of Health and Human Services determines that it is a threat to U.S. national security.
 
(Sec. 7325) Prohibits the operator of a commercial motor vehicle licensed in Mexico or Canada from operating in the United States a commercial motor vehicle transporting hazardous material until the operator has undergone a background records check. Requires a state with standards more stringent than federal standards for applicants for a hazmat endorsement to a CDL to provide an appeal process for applicants that have been denied such an endorsement.
 
Requires the Assistant Secretary of Homeland Security to report to Congress on the implementation of fingerprint-based security threat assessments and the adequacy of fingerprinting locations, personnel, and resources to accomplish timely processing of such assessments for individuals holding CDLs who are applying to renew hazmat endorsements.
 
(Sec. 7329) Authorizes the Secretary of Homeland Security to require persons who design or inspect a package or packaging component represented as qualified for use in transporting hazardous material in commerce to file a registration statement with the Secretary of Homeland Security. Prohibits such persons from designing or inspecting such package or packaging component if such statement is not filed. Requires the Secretary of Homeland Security to establish, impose, and collect a filing fee from such persons. Reduces such filing fee from a maximum amount of $5,000 to $3,000.
 
(Sec. 7330) Requires the person who provides a hazmat transportation shipping paper to retain it, or an electronic format of it, for three years after it is provided to the carrier, with the paper and format accessible through the shipper's principal places of business.
 
(Sec. 7331) Repeals the condition that rail tank cars built before January 1, 1971, may be used to transport hazardous material in commerce only if the air brake equipment support attachments of the car comply with specified standards.
 
(Sec. 7332) Subjects to certain civil and criminal penalties owners and operators transporting hazardous materials who operate in interstate commerce despite being determined unfit to so operate.
 
(Sec. 7333) Revises requirements relating to: (1) the training curriculum for public sector hazmat emergency response and preparedness teams; (2) naming of a certain account for making planning and training grants as the Emergency Preparedness Fund; (3) special hazmat transportation variance permits; (4) uniform forms and procedures for state registration and permits for hazmat transportation; (5) hazmat transportation safety and security; (6) enforcement and increased civil and criminal penalties; (7) preemption of state law; and (8) U.S. court of appeals review of final DOT actions relating to hazmat transportation that adversely affect a person.
 
(Sec. 7344) Authorizes appropriations for FY2005-2009 for: (1) implementation of federal safe hazmat transportation regulations; (2) the Emergency Preparedness Fund; and (3) the use of the Bureau of Transportation Statistics in certain reports on hazmat transportation.
 

Chapter 2: Other Matters
 - (Sec. 7361) Authorizes the Administrator of DOT's Pipeline and Hazardous Materials Safety Administration to enter into grants, cooperative agreements, and other transactions with federal agencies, state and local government, other public entities, private organizations, and other persons to conduct research into transportation service and infrastructure assurance and other Administration research activities.
 
(Sec. 7362) Amends Postal Service law to require the U.S. Postal Service to prescribe regulations, including specified prohibitions, for the safe transportation of hazardous material in the mails. Sets forth civil penalties for persons who knowingly violate such requirements and prohibitions.
 
(Sec. 7364) Authorizes the Secretary to establish, in coordination with the Secretary of Homeland Security, a program of random inspections of cargo at points of entry into the United states in order to determine the extent to which undeclared hazardous material is being offered for transportation in commerce through such points.
 
(Sec. 7365) Directs the Administrator of the DOT Research and Special Programs Administration to transmit current hazardous material registrant information to FMCSA to cross reference the registrant's federal motor carrier registration number, and notify FMCSA immediately, providing a registrant's DOT identification number, whenever a new registrant registers to transport hazardous materials as a motor carrier.
 
(Sec. 7366) Requires the Secretary to complete an assessment of the costs and benefits of subjecting to federal hazardous materials laws and regulations persons who reject hazardous material for transportation in commerce.
 
(Sec. 7367) Requires the Secretary to provide funding to the Operation Respond Institute to design, build, and operate a seamless first responder hazardous materials incident detection, preparedness, and response system. Requires the system to include an expansion of the Operation Respond Emergency Information System.
 
Authorizes appropriations for FY2005-2009.
 
(Sec. 7368) Excludes from certain DOT hazmat transportation plan requirements the surface transportation activities of a farmer in direct support of the farmer's farming operations that are conducted within a 150-mile radius of such operations.
 
(Sec. 7369) Directs the FRA to: (1) require each track owner using continuous welded rail (CWR) track to include in the plan filed with the FRA procedures to improve the identification of cracks in rail joint bars; (2) instruct FRA track inspectors to obtain the most recent CWR program of a railroad and require them to use those programs when conducting track inspections; (3) establish a program to review CWR joint bar inspection data from railroads and FRA track inspectors periodically; (4) validate a predictive model to quantify the relevant dynamic forces acting on railroad tank cars under accident conditions; and (5) initiate a rulemaking to develop and implement appropriate design standards for pressurized tank cars. Requires the FRA to: (1) conduct a comprehensive analysis to determine the impact resistance of the steels in the shells of pressure tank cars constructed before 1989; and (2) establish a program to rank the cars according to their risk of catastrophic fracture and separation, and implement measures to eliminate or mitigate such risk. 
 
Authorizes appropriations for FY2006.
 
(Sec. 7370) Authorizes appropriations for FY2005-2009 to develop and administer a hazardous materials cooperative research program. Directs the Secretary to establish an independent governing board to select cooperative research projects and studies of hazmat transportation to be carried out under the program.
 

Chapter 3: Sanitary Food Transportation
 - Sanitary Food Transportation Act of 2005 - (Sec. 7382) Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary of Health and Human Services to require shippers, motor vehicle or rail vehicle carriers, receivers, and other persons engaged in the transportation of food to use sanitary transportation practices prescribed by the Secretary of Health and Human Services to avoid adulteration.
 
(Sec. 7383) Revises sanitary food transportation requirements. Requires the Secretary to: (1) establish procedures for transportation safety inspections in order to identify suspected incidents of contamination or adulteration of food, meat, and poultry products; and (2) train DOT personnel in the appropriate use of the procedures.
 

Chapter 4: Household Goods Movers
 - Household Goods Mover Oversight Enforcement and Reform Act of 2005 - (Sec. 7403) Amends federal transportation law to require a carrier providing transportation for a shipment of household goods to give up possession of the goods at the destination upon payment of: (1) 100% of the transportation charges in a binding estimate; (2) no more than 110% of the charges in a nonbinding estimate; or (3) the prorated percentage of the charges in the case of a partial delivery. 
 
(Sec. 7404) Requires a motor carrier providing transportation of household goods to provide to a prospective shipper a written estimate (which may be binding or nonbinding) of all transportation charges (including a copy of the DOT publication FMCSA-ESA-03-005, or its successor edition or publication entitled &quot;Ready to Move&quot;, and a copy of DOT publication OCE 100, entitled &quot;Your Rights and Responsibilities When You Move&quot;).
 
(Sec. 7405) Makes the replacement value a carrier's maximum liability for household goods that are lost, damaged, destroyed, or otherwise not delivered to the final destination.
 
(Sec. 7406) Revises requirements for the dispute settlement program for household goods carriers to require a carrier to agree to offer arbitration to shippers of household goods as a means of settling disputes between such carriers and shippers concerning whether carrier charges, in addition to those collected at delivery, must be paid by the shipper.
 
Increases from $5,000 to $10,000 the claim threshold in a dispute between carrier and shipper that separates mandatory binding arbitration from binding arbitration only if the carrier agrees to shipper-requested arbitration.
 
Requires the Secretary to review and report to Congress on the outcomes and the effectiveness of dispute settlement programs.
 
(Sec. 7407) Limits state regulation of transportation of household goods to intrastate transportation.
 
Authorizes states to enforce federal consumer protection laws and regulations with respect to the interstate transportation of household goods. Requires FMCSA to implement an outreach plan to enhance the coordination and enforcement of such laws and regulations between and among federal and state law enforcement and consumer protection authorities.
 
(Sec. 7408) Directs the Secretary to establish a working group of state attorneys general, state authorities that regulate the movement of household goods, and federal and local law enforcement officials for the purpose of: (1) developing practices and procedures to enhance the federal-state partnership in enforcement efforts, exchange of information, and coordination of enforcement efforts with respect to interstate transportation of household goods; and (2) making legislative and regulatory recommendations to the Secretary concerning such enforcement efforts.
 
(Sec. 7409) Directs the Secretary to modify certain regulations to require a motor carrier or broker that maintains a website to prominently display on it: (1) the number assigned to the motor carrier by DOT; (2) the OCE 100 publication, entitled &quot;Your Rights and Responsibilities When You Move&quot;; and (3) with respect to a broker, a list of all motor carriers providing transportation of household goods used by the broker, and a statement that the broker is not a motor carrier providing such transportation.
 
(Sec. 7410) Establishes a consumer complaint system and data base with respect to shipper complaints that relate to motor carrier transportation of household goods.
 
(Sec. 7411) Directs the Surface Transportation Board to: (1) complete a review of current federal regulations regarding the level of liability protection provided by motor carriers providing transportation of household goods; and (2) revise them, if necessary, to provide enhanced protection in the case of loss or damage.
 
(Sec. 7412) Establishes civil for: (1) a broker that makes an estimate of the cost of transporting household goods before entering into an agreement with a motor carrier; and (2) a person who provides such transportation, or broker services for such transportation, without registering with the Secretary.
 
(Sec. 7413) Establishes civil and criminal penalties for failure of a mover to give up possession of household goods.
 
(Sec. 7414) Requires the Secretary to make a progress report to Congress within one year on implementation of this chapter. 
 
(Sec. 7415) Sets forth additional registration requirements for motor carriers of household goods. Authorizes the Secretary to register a person to provide such transportation only after the person: (1) provides evidence of participation in an arbitration program; (2) identifies its tariff; (3) provides evidence that it will observe all consumer protection laws; and (4) discloses relationships involving common stock, common ownership, common management, or common familial relationships with other motor carriers, freight forwarders, or broker of household goods within the past three years.
 

Subtitle E (sic): Sportfishing and Recreational Boating Safety
 - Sportfishing and Recreational Boating Safety Act of 2005 - 
Chapter 1: Federal Aid in Sport Fish Restoration Act Amendments
 - (Sec. 7512) Amends the Dingell-Johnson Sport Fish Restoration Act to make appropriations from the Sport Fish Restoration and Boating Trust Fund (previously the Sport Fish Restoration Account) for each fiscal year available during all succeeding fiscal years. (Currently, such appropriations are available only for the immediately succeeding fiscal year.)
 
(Sec. 7513) Specifies percentages of the balance of annual FY2005-2019 appropriations remaining after certain expenditures which shall be distributed for: (1) coastal wetlands; (2) boating safety; (3) certain waste water treatment projects under the Clean Vessel Act of 1992; (4) boating infrastructure project grants for facilities for transient nontrailerable recreational vessels; and (5) the National Outreach and Communications Program. Transfers certain unobligated funds to the Secretary of Homeland Security for state recreational boating safety programs.
 
(Sec. 7518) Earmarks $3 million from the Account for FY2005 for sport fish restoration projects under the multistate conservation grant program.
 
(Sec. 7519) Sets forth certain expenditures from the Boating Safety Account for FY2006-2010.
 

Chapter 2: Clean Vessel Act Amendments
 - (Sec. 7531) Amends the Clean Vessel Act of 1992 to eliminate the requirement that the Secretary of the Interior give priority consideration to grant applications that in coastal states propose constructing and renovating pumpout stations and waste reception facilities in accordance with a coastal state's plan under the Clean Vessel Act of 1992.
 

Chapter 3: Recreational Boating Safety Program Amendments
 - (Sec. 7551) Amends federal shipping law to increase from one-half to 75% of the total cost incurred by a state in developing, carrying out, and financing its recreational boating safety program the limit on the amount the state receives as its federal allocation for such a program.
 
(Sec. 7552) Increases from two to three years the period of an allocation to a state for its recreational boating safety program.
 
(Sec. 7553) Makes not more than 5% of certain funds available for payment of expenses of the Coast Guard for personnel and activities directly related to coordinating and carrying out the national recreational boating safety program.
 
(Sec. 7554) Prescribes maintenance of effort requirements for state recreational boating safety program. Requires the amount allocated to a state for its recreational boating safety program to be reduced if the usual amount the state expended for it for the previous fiscal year is less than the average of the total expended for the three fiscal years immediately preceding that previous fiscal year.
 

Subtitle F (sic): Miscellaneous Provisions
 - (Sec. 7601) Amends federal transportation law to require the Director of the Office of Intermodalism of the Research and Innovative Technology Administration to develop a plan with specified objectives to improve the national intermodal transportation system.
 
(Sec. 7602) Directs the Secretary to carry out a grant program to provide financial assistance to states for up to 90 percent of the cost of local rail line relocation projects.
 
Authorizes appropriations for FY2006-2009.
 
(Sec. 7603) Amends the Railroad Revitalization and Regulatory Reform Act of 1976 to require the Secretary (who is currently authorized) to provide direct loans and loan guarantees for railroad rehabilitation projects to state and local governments, including agreements or interstate compacts consented to by Congress. Requires the Secretary, in granting applications for direct loans or guaranteed loans to state and local governments, government sponsored authorities and corporations, railroads, and joint ventures that include at least one railroad, to give priority to projects that enhance service and capacity in the national rail system.
 
Increases: (1) from $3.5 billion to $6 billion the aggregate unpaid principal amounts of obligations under such direct loans and loan guarantees; and (2) from at least $1 billion to at least $3 million the portion of that amount available solely for projects primarily benefiting freight railroads other than Class I carriers. Requires the Secretary to approve or disapprove an application for a direct loan or loan guarantee within 90 days after receiving the application.
 
(Sec. 7604) Directs the Secretary to study and report to Congress on the impact of blocked highway-railroad grade crossings on the ability of emergency responders to perform public safety and security duties.
 
(Sec. 7605) Directs the Secretary to establish a first responder vehicle safety program to promote compliance with state and local laws intended to increase the safe and efficient operation of first responder vehicles.
 
Authorizes appropriations for FY2006.
 
(Sec. 7606) Makes September 30, 2006, the effective date for certain federal requirements for a school bus endorsement.

action_date: 2005-07-28
text: 
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users or SAFETEA-LU - 
Title I: Federal-Aid Highways - Subtitle A: Authorization of Programs - 
(Sec. 1101) Authorizes appropriations through FY2009 for highway programs out of the Highway Trust Fund (HTF), including: (1) the Interstate maintenance program; (2) the National Highway System (NHS); (3) the bridge program; (4) the surface transportation program; (5) the congestion mitigation and air quality improvement program; (6) the highway safety improvement program; (7) the Appalachian development highway system program; (8) the recreational trails program; (9) the federal lands highways program; (10) the national corridor infrastructure improvement program; (11) the coordinated border infrastructure program; (12) the national scenic byways program; (13) construction of ferry boats and ferry terminal facilities; (14) the Puerto Rico highway program; (15) the projects of national and regional significance program; (16) the high priority projects program; (17) the safe routes to school program; (18) the deployment of magnetic levitation transportation projects; (19) the national corridor planning and development and coordinated border infrastructure programs (FY2005 only); (20) highways for life; and (21) highway use tax evasion projects.
 
Requires that a specified percentage of such funds be expended through small business concerns owned and controlled by socially and economically disadvantaged individuals. 
 
(Sec. 1102) Sets forth ceiling obligations through FY2009 for: (1) federal-aid highway and highway safety construction programs, with specified exceptions; and (2) contract authority for certain transportation research programs. Sets forth certain requirements for distribution (including in certain cases denial of distribution) of the obligation limitation for federal-aid highway amounts for specified federal highway programs, including certain transportation research programs and high priority transportation projects. Provides for the redistribution of any unused obligation limitation on federal-aid highways amounts (including certain authorized funds) to the states. 
 
(Sec. 1103) Authorizes appropriations for FY2005-FY2009 for administrative expenses of the Federal Highway Administration (FHA) and the Appalachian Regional Commission in administering specified federal-aid highway programs. Reauthorizes appropriations for the Alaska Highway through FY2009. Authorizes appropriations for FY2005-FY2009 for the NHS to the Virgin Islands, Guam, American Samoa, and the Commonwealth of Northern Mariana Islands. 
 
Revises the formula for the apportionment of federal-aid highway funds under the Congestion Mitigation and Air Quality (CMAQ) Improvement program for areas designated as a nonattainment or maintenance area for ozone or carbon monoxide.
 
Provides set-asides for FY2005 (including authorization of appropriations from the HTF for FY2006-FY2009) for: (1) Operation Lifesaver; and (2) railway-highway crossing hazard elimination in high speed rail corridors. Sets aside amounts for FY2005-FY2009 for eligible improvements to the Minneapolis/St. Paul-Chicago segment of the Midwest High Speed Rail Corridor. 
 
(Sec. 1104) Revises federal highway funding minimum guarantee provisions to establish the Equity Bonus Program (effectively replacing the Minimum Guarantee Program).
 
Requires the Secretary of Transportation (Secretary), for each of FY2005-FY2009, to allocate among the states amounts sufficient to ensure that no state: (1) receives a percentage of the total apportionments for the fiscal year for specified federal-aid highway programs that is less than a specified formulated percentage; and (2) before making the allocations, receives a combined total of such allocated amounts, apportionments for specified federal-aid highway programs and amounts allocated under this section, that is less than 117% to 121% of the average for FY1998-FY2003 of the annual apportionments for the state for certain federal-aid highway programs.
 
Prohibits metropolitan planning set-aside requirements from applying to such state allocations. Authorizes appropriations from the HTF for FY2005-FY2009. 
 
(Sec. 1105) Extends through October 15 of FY2007 and each fiscal year thereafter requirements for the alignment of highway spending with revenues (Revenue Aligned Budget Authority (RABA)). Prohibits a reduction under RABA or SAFETEA-LU in the amount of sums authorized to carry out each of the federal-aid highway and highway safety construction programs (other than emergency relief and the motor carrier safety grant program) if the balance in the HTF exceeds $6 billion.
 
 (Sec. 1106) Amends federal highway law to extend from 12 to 25 years the length of time after a federal-state agreement during which a highway on the National Highway System designated as a future addition to the Interstate System must meet all Interstate System standards.
 
(Sec. 1107) Directs the Secretary to set-aside for each fiscal year 1.25% (currently, 1%) of federal-aid highway funds for Interstate maintenance, national highway system, surface transportation, congestion mitigation and air quality improvement, and highway bridge replacement and rehabilitation programs to carry out metropolitan planning.
 
(Sec. 1108) Authorizes the transfer of highway and transit project or transportation planning funds to the Secretary. Authorizes the Secretary, at state request, to transfer highway and transit funds allocated to the state to another state, or to the Federal Highway Administration (FHA), to fund one or more eligible transportation projects.
 
Authorizes surface transportation program funds allocated to an urbanized area of a state with a population of over 200,000 to be transferred only if the metropolitan planning organization (MPO) concurs with the transfer request.
 
(Sec. 1109) Directs the Secretary, before apportioning amounts to carry out the recreational trails program, to deduct $840,000 for FY2005-FY2009 for administrative, research, technical assistance, and training expenses for such program. Revises guidelines for permissible uses of funds apportioned for the recreational trails program.
 
(Sec. 1110) Conditions approval of federal-aid highway funds upon installation and maintenance of proper temporary traffic control devices to improve safety in work zones during construction, utility, and maintenance operations. 
 
 (Sec. 1111) Specifies set-asides for FY2005-FY2009 for projects for resurfacing, restoring, rehabilitating, and reconstructing any route or toll road on the Interstate System.
 
(Sec. 1112) Authorizes appropriations for each fiscal year for allocations of emergency relief for the repair of damage to highways, roads, and trails (including Indian reservations) owing to a natural disaster if the total of those allocations in such fiscal year are in excess of $100 million. 
 
(Sec. 1113) Authorizes a state to obligate surface transportation program funds apportioned to it for: (1) capital and operating costs for advanced truck stop electrification systems; and (2) projects relating to intersections that have disproportionately high accident rates, high levels of congestion, and are located on a federal-aid highway.
 
Repeals a safety programs set-aside under the surface transportation program.
 
Extends through FY2009 the requirements of states under the surface transportation program to make a portion of certain funds for urbanized areas with a population of over 200,000 available for federal-aid highways and highway safety construction programs. 
 
(Sec. 1114) Revises requirements for state applications for and approval of assistance for highway bridge replacement or rehabilitation. Authorizes the Secretary to approve federal participation in systematic preventive maintenance on a bridge and the installation of scour countermeasures. Requires the Secretary to determine the eligibility of highway bridges for replacement or rehabilitation for each state based on structurally deficient and functionally obsolete (currently, unsafe) highway bridges in the state.
 
Extends the mandatory set-aside for off-system bridges through FY2009, repealing the 35% ceiling on the amount of a state apportionment for such set-aside.
 
Provides a set-aside for FY2005 for the discretionary bridge program. Provides set-asides for FY2006-FY2009 for designated projects under the discretionary bridge program.
 
Requires the Secretary to report annually in the Federal Register on construction materials used in new federal-aid bridge construction and bridge rehabilitation projects.
 
(Sec. 1115) Designates funds for FY2005-FY2009 to implement specified intergovernmental projects for enforcement of the highway use tax. Revises requirements for the fuel excise tax reporting system.
 
(Sec. 1116) Directs the Secretary to apportion funds under this Act for the Appalachian development highway system for FY2005-FY2009 among the States based on the latest available cost-to-complete estimate for the system.
 
(Sec. 1117) Directs the Secretary to establish a comprehensive program to address the relationships among transportation, community, and system preservation plans and practices and identify private sector-based initiatives to improve such relationships. 
 
Requires the Secretary to allocate funds to states, metropolitan planning organizations (MPOs), local governments, and tribal governments to carry out eligible projects to integrate transportation, community, and system preservation plans and practices.
 
Authorizes appropriations for FY2005-FY2009.
 
(Sec. 1118) Amends federal highway law to revise requirements of the territorial highway program to make program funds available to the U.S. territories for: (1) surface transportation program projects; and (2) ferry boats, terminal facilities, and approaches.
 
 (Sec. 1119) Authorizes a state in which a proposed federal-aid project is to be undertaken by a federal agency in accordance with an agreement between a state and the federal agency to direct the Secretary to transfer the funds for the federal share of the project directly to the federal agency.
 
Requires the Secretary on October 1 of each fiscal year to allocate sums appropriated for forest development roads and trails according to the relative needs of the various grasslands (as well as, under current law, national forests). 
 
Requires the Secretary of the Interior to distribute Indian reservation road funds, within 30 days after availability, and for immediate use, to Indian tribes in accordance with the distribution formula under the Indian reservation roads program. Limits the use of such funds to projects identified in a transportation improvement program approved by the Secretary.
 
Earmarks a portion of funds for Indian reservation roads for FY2006-FY2009 for program management, oversight, and project-related administrative expenses.
 
Authorizes an Indian tribe to commence road and bridge construction with Indian reservation road funds if it provides assurances that the construction will meet or exceed applicable health and safety standards.
 
Directs the Secretary, in cooperation with the Secretary of the Interior, to complete, and report to Congress, a national inventory of tribal transportation facilities eligible for assistance under the Indian reservation roads program.
 
Authorizes appropriations for FY2005-FY2009 to carry out planning, design, engineering, preconstruction, construction, and inspection of projects to improve deficient Indian reservation road bridges, including multiple-pipe culverts.
 
Revises Indian contracts and agreements requirements with respect to the provision of Indian reservation road funds. Allows an Indian tribe and a state to enter into a road maintenance agreement under which the tribe assumes state responsibilities for Indian reservation roads, including roads providing access to such roads.
 
Establishes within the office of the Secretary of the Department of Transportation (DOT) a presidentially appointed Deputy Assistant Secretary for Tribal Government Affairs to plan and implement DOT policy and programs serving Indian tribes and to coordinate tribal transportation programs in DOT.
 
Earmarks an amount of public lands highway funds for each fiscal year for: (1) maintenance of forest highways; (2) signage identifying public public hunting and fishing access; and (3) the costs of facilitating the passage of aquatic species beneath National Forest System roads, including costs of constructing, maintaining, replacing, or removing culverts and bridges.
 
Directs the Secretary to study and report to Congress on methods to reduce collisions between motor vehicles and wildlife. Requires the Secretary, based on the study results, to develop a best practices manual to support state efforts to reduce wildlife vehicle collisions.
 
 (Sec. 1120) Directs the Secretary to allocate funds for FY2005-FY2009 for the Puerto Rico highway program. Sets forth a formula for the apportionment of such funds to Puerto Rico.
 
(Sec 1121) Requires a state agency with jurisdiction over the operation of a high-occupancy vehicle (HOV) facility to establish occupancy requirements for vehicles of at least two occupants per vehicle.
 
 
Requires such agency to permit motorcycles and bicycles to use the HOV facility, unless such use would constitute a safety hazard.
 
Prescribes guidelines under which a state agency may permit use of an HOV facility by: (1) public transportation vehicles and high occupancy toll vehicles; and (2) inherently low-emission vehicles and low emission and energy-efficient vehicles.
 
Permits tolls to be charged on a HOV facility on the Interstate System.
 
Requires a state agency that allows low-emission and energy-efficient vehicles to use a HOV facility to certify to the Secretary that it will establish: (1) a continuous monitoring, assessment, and reporting program regarding the impact of such vehicles on the facility and adjacent highways; and (2) an enforcement program that ensures the facility is operated in accordance with this Act.
 
Directs the Administrator of the Environmental Protection Agency to issue a final rule establishing certification requirements for low-emission and energy-efficient vehicles and for making certain vehicle comparisons and performance calculations.
 
Expresses the sense of Congress that the Secretary and the states should provide additional incentives (including the use of HOV lanes on state and Interstate highways) for the purchase and use of hybrid and other fuel efficient vehicles which have been proven to minimize air emissions and decrease consumption of fossil fuels.
 
(Sec. 1122) Modifies the definition of &quot;transportation enhancement activity&quot; to include inventory of outdoor advertising (thus authorizing such activity as eligible for federal-aid highway funds). Defines &quot;advanced truck stop electrification system&quot; as a system that delivers heat, air conditioning, electricity, or communications to a heavy duty vehicle (thus authorizing such activity as eligible for federal-aid highway funds).
 

Subtitle B: Congestion Relief - 
(Sec. 1201) Directs the Secretary to establish a real-time system management information program to provide, in all states, the capability to: (1) monitor, in real-time, the traffic and travel conditions of the Nation's major highways; and (2) share that information to improve surface transportation system security, address congestion problems, support improved response to weather and transportation incidents, and facilitate national and regional highway traveler information.
 
Directs the Secretary to establish data exchange formats to ensure that data provided by highway and transit monitoring systems, including statewide incident reporting systems, can readily be exchanged across jurisdictional lines facilitating nationwide availability of information. Authorizes a state, subject to approval by the Secretary, to obligate apportioned federal-aid highway funds for activities relating to the planning and deployment of real-time monitoring systems.
 

Subtitle C: Mobility and Efficiency -
 (Sec. 1301) Directs the Secretary to establish: (1) a program to provide grants to states for surface transportation projects of national and regional significance (allocating grant amounts for FY2005-FY2009 for specified projects); (2) a program to make allocations to states for highway construction projects in corridors of national significance to promote economic growth and international or interregional trade (allocating grant amounts for FY2005-FY2009 for specified projects); (3) a coordinated border infrastructure program to distribute funds to border states to improve the safe movement of motor vehicles between the United States and Canada and Mexico; (4) a pilot program to address the shortage of long-term parking for commercial motor vehicles on the NHS (authorizing appropriations for FY2006-FY2009); (5) a freight intermodal distribution pilot grant program to relieve congestion and improve safety (authorizing appropriations for FY2005-FY2009); (6) a Delta Region transportation development program in Alabama, Arkansas, Illinois, Kentucky, Louisiana, Mississippi, Missouri, and Tennessee for multistate highway planning, development, and construction projects (authorizing appropriations for FY2006-FY2009); and (7) an interstate oasis program. 
 
(Sec. 1304) Amends the Intermodal Surface Transportation Efficiency Act of 1991 to revise high priority corridors on the NHS to include identification of evacuation routes. Revises the item descriptions of specified high priority corridors on the NHS. Identifies specified high priority corridors for inclusion on the NHS.
 
Authorizes appropriations.
 
(Sec. 1307) Directs the Secretary to allocate 50% of funds made available for the deployment of magnetic levitation (MAGLEV) transportation projects for the MAGLEV project between Las Vegas and Primm, Nevada, and 50% for a MAGLEV project located east of the Mississippi River.
 

Subtitle D: Highway Safety - 
(Sec. 1401) Amends federal highway law to replace requirements for the development of a national scenic and recreational highway with a Highway Safety Improvement Program (HSIP), aimed at achieving a significant reduction in traffic fatalities and serious injuries on public roads. Requires a state to have in effect a highway safety improvement program meeting specified criteria.
 
Includes among eligible projects any highway safety improvement project on a public road or publicly owned bicycle or pedestrian pathway or trail.
 
Requires a state to set-aside a specified amount of funds for construction and operational improvements on high risk rural roads.
 
Sets the federal share of highway safety improvement projects at 90%.
 
(Sec. 1402) Directs the Secretary to issue regulations to decrease the likelihood of worker injury and maintain the free flow of vehicular traffic by requiring workers on or in close proximity to a federal-aid highway to wear high visibility garments.
 
(Sec. 1403) Directs the Secretary to study and report to Congress on the safety of highway toll collection facilities (including toll booths and collectors). Authorizes appropriations for FY2006.
 
(Sec. 1404) Directs the Secretary to establish a safe routes to school program for children in primary and middle schools to facilitate the planning, development, and implementation of projects and activities improving safety and reduce traffic, fuel consumption, and air pollution in the vicinity of the schools.
 
Directs the Secretary to make grants to a national nonprofit organization to provide technical assistance and disseminate techniques and strategies for successful programs.
 
Establishes a national safe routes to school task force to develop a strategy for advancing safe routes to school programs nationwide.
 
(Sec. 1405) Directs the Secretary to carry out a program to improve traffic signs and pavement markings in all states consistent with certain FHA recommendations for accommodation of older drivers and pedestrians. Authorizes appropriations for FY2005-FY2009.
 
(Sec. 1406) Authorizes appropriations for FY2005 for safety incentive grants to states for use of seat belts.
 
(Sec. 1407) Prescribes an administrative penalty of withholding certain federal highway program funds by specified increasing percentages from FY2004 though FY2007 and after for states that have not enacted a 0.08 drunk driving law. Authorizes appropriations for FY2005.
 
(Sec. 1408) Directs the Secretary, in cooperation with the American Association of State Highway and Transportation Officials, to: (1) update the FHA Policy on Implementation of the report of the Transportation Research Board of the National Research Council entitled &quot;NCHRP Report 350-Recommended Procedures for the Safety Performance Evaluation of Highway Features;&quot; and (2) publish guidance regarding the conditions under which states should improve or replace highway features on the NHS with features tested and found acceptable under the guidelines.
 
(Sec. 1409) Establishes a work zone safety grant program. Authorizes the Secretary to make grants to nonprofit organizations to provide training to prevent or reduce highway work zone injuries and fatalities. Authorizes appropriations for FY2006-FY2009.
 
Requires the Secretary to ensure that a non-domiciled resident worker employed on a remote project for the construction of a highway located on a federal-aid highway in Alaska receives meals and lodging.
 
(Sec. 1410) Directs the Secretary to make grants for FY2006-FY2009 to a nonprofit foundation for the operation of the National Work Zone Safety Information Clearinghouse to assemble and disseminate information relating to improvement of roadway work zone safety. Authorizes appropriations for FY2006-FY2009.
 
(Sec. 1411) Directs the Secretary to enter into an agreement to assist a national nonprofit organization dedicated solely to improving public road safety by promoting public road safety research and technology transfer activities. Authorizes appropriations for FY2006-FY2009.
 
Directs the Secretary to make grants to a national, not-for-profit organization engaged in promoting bicycle and pedestrian safety to disseminate techniques and strategies for improving bicycle and pedestrian safety. Authorizes appropriations for FY2005-FY2009.
 
(Sec. 1412) Authorizes a state to permit electrification or other idling reduction facilities and equipment for use by commercial motor vehicles to be placed in rest and recreation areas (including safety rest areas) on rights-of-way of the Interstate System, so long as such idling reduction measures do not reduce the existing number of designated truck parking spaces at any given rest or recreation area.
 

Subtitle E: Construction and Contract Efficiency - 
(Sec. 1501) Revises advance construction requirements to authorize a state to proceed with highway construction projects: (1) without the use of federal funds; and (2) in accordance with all applicable procedures and requirements other than those that limit the state to project implementation with the aid of federal funds or previously apportioned obligation authority. Authorizes the Secretary, upon state request, to obligate all or a portion of the federal share of a project from any category of funds for which the project is eligible.
 
(Sec. 1502) Directs the Secretary to establish and implement the Highways for LIFE Pilot Program to advance longer-lasting highways using innovative technologies and practices to accomplish the fast construction of efficient and safe highways and bridges.
 
(Sec. 1503) Repeals the minimum cost requirements of a qualified project using design-build contracting.
 
Requires the Secretary to issue revised regulations that: (1) do not preclude a state transportation department or local transportation agency, prior to compliance with certain environmental requirements, from issuing requests for proposals or proceeding with awards of design-build contracts; (2) require concurrence from the Secretary before carrying out such activities; and (3) preclude the design-build contractor from proceeding with final design or construction of any permanent improvement prior to completion of the environmental process.
 

Subtitle F: Finance - 
(Sec. 1601) Amends the Transportation Infrastructure Finance and Innovation Act (TIFIA) to revise guidelines governing projects, project eligibility, project selection, secured loans, lines of credit, repayment and program administration. Sets funding levels through FY2009 for the TIFIA program.
 
(Sec. 1602) Authorizes the Secretary to enter into cooperative agreements with states for the establishment of state infrastructure banks for making loans and providing other forms of credit assistance to public and private entities for rail and highway projects.
 
(Sec. 1603) Sets forth requirements for the use of excess transportation funds and transportation funds for inactive projects.
 
(Sec. 1604) Amends the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) to authorize appropriations for FY2005-FY2009 for the value pricing pilot program. Earmarks an amount for FY2006-FY2009 for congestion pricing pilot projects that do not involve highway tolls.
 
Establishes: (1) an express lanes demonstration program to collect tolls to manage high levels of congestion and to reduce pollutant emissions in nonattainment areas; and (2) an Interstate System construction toll pilot program which permits a state to collect tolls on a highway, bridge, or tunnel on the System to construct Interstate highways.
 

 Subtitle G: High Priority Projects - 
(Sec. 1701) Modifies the High Priority Projects Program to reflect the authorization of appropriations detailed in this Act.
 
(Sec. 1702) Earmarks funds for specified high priority projects for FY2005-FY2009.
 
 
(Sec. 1703) Amends the Transportation Equity Act for the 21st Century (TEA-21) and ISTEA to revise the specifications for certain high priority transportation projects.
 

Subtitle H: Environment - 
(Sec. 1801) Amends federal highway law to replace priority primary route provisions with a requirement that the Secretary carry out a program for construction of ferry boats and ferry terminal and maintenance facilities, at an 80% federal cost share. Directs the Secretary to give priority in the allocation of federal-aid highway funds to ferry systems, and public entities responsible for developing ferries, that: (1) provide critical access to areas that are not well-served by other modes of surface transportation; (2) carry the greatest number of passengers and vehicles; or (3) carry the greatest number of passengers in passenger-only service.
 
Sets aside specified amounts for the construction or refurbishment of ferry boats and ferry terminal facilities and approaches to such facilities within NHS marine highway systems, including certain amounts for Alaska, New Jersey, and Washington state.
 
Authorizes appropriations for FY2006 and each fiscal year thereafter.
 
Establishes a national ferry base. Authorizes appropriations for FY2006-FY2009.
 
(Sec. 1802) Authorizes an Indian tribe to nominate a road as a National Scenic Byway only if a federal land management agency (other than the Bureau of Indian Affairs), a state, or a local governmentdoes not have jurisdiction over, or responsibility for managing, the road. Requires Indian tribes to maintain the safety and quality of such roads.
 
(Sec. 1803) Directs the Secretary to allocate funds to the America's Byways Resource Center. Authorizes appropriations for FY2005-FY2009.
 
 
(Sec. 1804) Directs the Secretary to make grants to states that demonstrate a need for assistance in carrying out historic covered bridge preservation projects. Authorizes appropriations for FY2006-FY2009.
 
(Sec. 1805) Requires a state that demolishes a bridge or an overpass eligible for federal assistance under the highway bridge replacement and rehabilitation program to first make the demolition debris available for beneficial use by a federal, state, or local government, unless such use obstructs navigation.
 
(Sec. 1806) Amends TEA-21 to authorize appropriations for FY2005-FY2009 for Indian reservation roads.
 
(Sec. 1807) Establishes a nonmotorized transportation pilot program to construct in selected communities a network of nonmotorized transportation infrastructure facilities, including sidewalks, bicycle lanes, and pedestrian and bicycle trails, that connect directly with transit stations, schools, residences, businesses, recreation areas, and other community activity centers. Authorizes appropriations for FY2006-FY2009.
 
(Sec. 1808) Amends federal highway law to authorize a state to obligate apportioned congestion mitigation and air quality improvement (CMAQ) program funds for a transportation project or program in an area required to prepare, and file with the Administrator of the Environmental Protection Agency (EPA), maintenance plans under the Clean Air Act.
 
Makes eligible activities under the CMAQ program: (1) the purchase of integrated, interoperable emergency communications equipment; or (2) the use of diesel retrofit technologies. 
 
Directs the EPA Administrator to publish a list of diesel retrofit technologies and supporting technical information for diesel emission reduction technologies.
 
Directs the Secretary to evaluate and assess a representative sample of CMAQ projects to determine their direct and indirect impact on air quality and congestion levels, and ensure the effective implementation of the CMAQ program.
 
Authorizes the use of CMAQ program funds by: (1) Montana for the operation of public transit activities serving a nonattainment or maintenance area; (2) Michigan for the operation and maintenance of intelligent transportation system strategies that serve a nonattainment or maintenance area; (3) Maine for the operation of passenger rail service between Boston, Massachusetts, and Portland, Maine; (4) Oregon to support the operation of additional passenger rail service between Eugene and Portland; and (5) Missouri, Iowa, Minnesota, Wisconsin, Illinois, Indiana, and Ohio to purchase alternative fuel or biodiesel.
 

Subtitle I: Miscellaneous - 
(Sec. 1902) Declares that no law shall prevent a local government from offering to donate funds, materials, or services performed by local government employees in connection with federal-aid highway projects.
 
(Sec. 1904) Revises the requirement that plans, specifications, and estimates for proposed projects on any federal-aid highway be accompanied by a value engineering analysis or other cost reduction analysis. Requires a state to provide a value engineering analysis or other cost-reduction analysis for: (1) projects on the federal-aid highway system with an estimated total cost of $25 million or more (as under current law); (2) a bridge project with an estimated total cost of $20 million or more; and (3) any other project the Secretary determines to be appropriate.
 
Directs the Secretary to establish an oversight program to monitor the efficient use of funds for federal-aid highway projects. Requires a recipient of funds for a project with an estimated cost of $500 million or more (currently, $1 billion or more), and recipients for such other projects as the Secretary may identify, to submit to the Secretary a project management plan and an annual financial plan.
 
(Sec. 1905) Reduces the credit a state may use toward the nonfederal share requirement for federal highway funds by a percentage equal to the percentage of the total cost that a public, quasi-public, or private agency has incurred in building, improving, or maintaining the highway facilities using federal funds. 
 
(Sec. 1906) Directs the Secretary to make grants to a state that has enacted and is enforcing a law that prohibits racial profiling in the enforcement of state laws regulating the use of federal-aid highways. Authorizes appropriations for FY2005-FY2009.
 
(Sec. 1907) Directs the Secretary to conduct pavement marking systems demonstration projects in Alaska and Tennessee. Authorizes appropriation for FY2006-FY2009.
 
(Sec. 1908) Includes as part of the Interstate System: (1) a portion of the Creek Turnpike connecting Interstate Route 44 east and west of Tulsa, Oklahoma; and (2) a portion of Interstate Route 181 lying northwest of the intersection with Interstate Route 81, Tennessee. Includes as part of the NHS a portion of of U.S. Route 271 from the Arkansas state line, west to the intersection with U.S. Route 59, and northwest to the intersection with Interstate Route 40, Sallisaw, Oklahoma.
 
(Sec. 1909) Revises declarations of policy with respect to the surface transportation program to emphasize that it is in the national interest to preserve and enhance the surface transportation system to meet the needs of the United States for the 21st Century.
 
Establishes the National Surface Transportation Policy and Revenue Study Commission to study the current condition and future needs of the surface transportation system, and develop a plan to ensure it will continue to serve the needs of the United States. Requires the Secretary to appoint a technical advisory committee.
 
Authorizes appropriations for FY2006-FY2007.
 
(Sec. 1910) Directs the Secretary to initiate a rulemaking to determine whether full service restaurants should be given priority on up to two panels of the camping or attractions logo specific service signs in the Manual on Uniform Traffic Control Devices when the food logo specific service sign is fully utilized, and vice versa.
 
(Sec. 1911) Declares that, if the construction project number STP-189-1(15)CT 3 in Gwinnett County, Georgia, was not listed in the current regional transportation plan because of an error, such failure to be listed shall not be a basis for not approving the project.
 
(Sec. 1912) Designates as the lead agency for accepting specified federal funds (authorized under ISTEA for purchase of the right-of-way and development of a transportation corridor in an existing rail right-of-way from Larkspur to Korbel, and Novato to Lombard) a certain public entity established to acquire rights-of-way in northwestern California to maintain surface transportation infrastructure. 
 
 
(Sec. 1913) Sets at 90% the federal share of costs of construction of a bridge between Bismarck and Mandan, North Dakota.
 
(Sec. 1914) Directs the Secretary, acting through the FHA Administrator, to appoint a Motorcyclist Advisory Council on infrastructure issues of concern to motorcyclists, including: (1) barrier design; (2) road design, construction, and maintenance practices; and (3) the architecture and implementation of intelligent transportation system technologies.
 
(Sec. 1915) Declares that debt outstanding for project number Q-DPM-0013(001) related to the early acquisition of the rights-of-way is deemed satisfied.
 
 
(Sec. 1916) Deems to satisfy certain federal requirements the New Harbor Boulevard North off ramp project along the Interstate Route 405 Collector-Distributor Road in Costa Mesa, California (Susan Street Slip-Ramp). Directs the California state department of transportation to authorize any environmental, engineering, or design analyses necessary to approve construction of the project consistent with applicable California state operational and safety standards.
 
(Sec. 1917) Requires the Maryland state highway administration and the FHA to work cooperatively to: (1) expedite the project to improve Interstate Route 495 through the area of the Arena Drive interchange to allow for safe exit (including improvements to the adjacent interchanges upstream and downstream along Interstate Route 495); and (2) expedite action on the Interstate access request so that the Interstate Route 495/Arena Drive interchange can be opened safely to all vehicles 24 hours per day, seven days per week.
 
(Sec. 1918) Authorizes the Secretary to provide a credit to Louisiana equal to the nonfederal share of the cost of any planning, engineering, design, or construction work carried out by the state on the Houma-Thibodaux to I-10 connector from Gramercy to Houma.
 
(Sec. 1919) Directs the Secretary to enter into an agreement with the Public Policy Center of the University of Iowa for an analysis and report to the Secretary and the Secretary of the Treasury on a long-term field test of an approach to assessing highway use fees based upon actual mileage driven by a specific vehicle on specific types of highways by use of an onboard computer.
 
Authorizes appropriations for FY2006-FY2009.
 
(Sec. 1920) Expresses the sense of the Congress that federal transportation projects should encourage the collaboration between interested persons, including federal, state, and local governments and community-based organizations that have an interest in improving the job skills of low-income individuals to help: (1) leverage scarce training and community resources; and (2) ensure local participation in the building of transportation projects.
 
(Sec. 1923) Directs the Secretary to arrange for the Delta Regional Authority (DRA) to study and report to Congress on transportation assets and needs for all modes of transportation in the states composing the Delta region. Authorizes appropriations for FY2005 and FY2006.
 
(Sec. 1924) Directs the Secretary, in cooperation with the the Washington state department of transportation and the City of Seattle, Washington, to study and report to Congress on the damage to the the Alaska Way Viaduct from the Nisqually earthquake of 2001.
 
(Sec. 1925) Directs the Secretary to make a grant to, or enter into a cooperative agreement or contract with, a national organization representing architects with expertise in the design of a wide range of transportation and infrastructure projects to study the role of well-designed transportation projects in promoting community enhancement. Earmarks funds for such study for FY2006 and FY2007.
 
(Sec. 1926) Directs DOT to submit a budget justification concurrently with the President's annual budget to Congress.
 
(Sec. 1927) Directs the Secretary to study and report to Congress on the steps and estimated funding necessary to designate and construct a route for: (1) the 14th Amendment Highway, from Augusta, Georgia, to Natchez, Mississippi, (formerly designated the Fall Line Freeway within the state of Georgia); and (2) the 3rd Infantry Division Highway, from Savannah, Georgia, to Knoxville, Tennessee (formerly the Savannah River Parkway).
 
(Sec. 1928) Expresses the sense of Congress that: (1) the Buy America test needs to be applied to an entire bridge project and not only to its component parts; (2) the law clearly states that domestic materials must be used in federal highway projects unless their inclusion will increase the cost of the overall project by more than 25%; (3) uncertainty regarding how to apply Buy America laws for major bridge projects threatens the domestic bridge industry; (4) as the Nation's unemployment rate continues to hover around 5.6% steps are needed to protect American workers and the domestic bridge building industry; and (5) the Buy America Act was designed to ensure that, when taxpayer money is spent on direct federal government procurement and infrastructure projects, these expenditures stimulate U.S. production and job creation. 
 
(Sec. 1928) Designates: (1) Interstate Highway 86 in New York state as the &quot;Daniel Patrick Moynihan Interstate Highway;&quot; (2) the northbound and southbound tunnel of Interstate Route 93, located in Boston, Massachusetts, as the &quot;Thomas P. &quot;Tip&quot; O'Neill, Jr. Tunnel;&quot; (3) the segment of the Imperial Highway between California State Route 91 and Esperanza Road as the &quot;Richard Nixon Parkway;&quot; (4) a specified three-mile segment of Interstate Route 86 between Painted Post and Corning, New York, as the &quot;Amo Houghton Bypass;&quot; and (5) Louisiana Route 1 as the &quot;Billy Tauzin Energy Corridor.&quot;
 
(Sec. 1934) Authorizes appropriations for FY2005-FY2009 to carry out specified transportation improvement projects.
 
(Sec. 1937) Authorizes the Secretary to use emergency relief funds to construct measures necessary for the continuation of roadway services, or the impoundment of water to protect roads, or both, at Devils Lake in North Dakota.
 
(Sec. 1938) Urges states to use nondestructive technology to detect cracks in steel bridges.
 
(Sec. 1939) Provides that a certain rule published in the Federal Register, July 19, 2004, relating to the Indian reservation road program, shall not apply to specified Alaska villages.
 
(Sec. 1940) Authorizes appropriations for FY2005-FY2009 to resurface, repair, rehabilitate, and reconstruct the Going-to-the-Sun Road at Glacier National Park, Montana. Sets the federal share or project costs at 100%.
 
(Sec. 1941) Directs the Secretary, upon state request, to obligate funds made available for the construction of U.S. Route 212, Red Lodge North, Montana, for the reconstruction of Beartooth Highway, Montana.
 
(Sec. 1943) Directs the Secretary to make grants to Wisconsin to continue intelligent transportation system activities in the corridor serving the Greater Milwaukee, Wisconsin, Chicago, Illinois, and Gary, Indiana, Great Lakes areas, and other areas of the state.
 
Authorizes appropriations for FY2006-FY2009.
 
(Sec. 1944) Directs the Secretary to make allocations to Oklahoma to carry out activities in the Oklahoma Plan for Tar Creek.
 
Authorizes appropriations for FY2006.
 
(Sec. 1945) Directs the Secretary, in cooperation with a certain subcontracting production entity, to fund the production of a documentary about infrastructure that demonstrates advancements in the last frontier, Alaska.
 
Authorizes appropriations for FY2005 and FY2006.
 
(Sec. 1946) Establishes in Vermont the Gateway Rural Improvement Pilot Program. Authorizes appropriations.
 
(Sec. 1947) Makes projects for traffic circles (&quot;roundabouts&quot;) eligible for 100% federal share of costs.
 
(Sec. 1948) Prohibits federal funds from being expended for the demolition of the existing Brightman Street Bridge connecting Fall River and Somerset, Massachusetts. Requires the existing Brightman Street Bridge to be maintained for pedestrian and bicycle access, and as an emergency service route.
 
(Sec. 1949) Directs the Secretary provide funds to the Knik Arm Bridge and Toll Authority, Alaska.
 
(Sec. 1950) Directs the Secretary to credit nonfederal expenditures paid on or after October 23, 2000, by project sponsors of the Lincoln Parish transportation and community and system preservation project, and the U.S. Route 167/I-20 interchange Interstate maintenance discretionary project, that are in excess of the nonfederal matching requirements for such projects as nonfederal contributions toward the nonfederal matching requirements for all LA/I-20 Transportation Corridor Program elements between Louisiana Route 149 and Louisiana Route 33.
 
(Sec. 1951) Directs the Secretary, acting through the Minority Resource Center, to provide assistance in obtaining bid, payment, and performance bonds by disadvantaged business enterprises. Authorizes appropriations for FY2005-FY2009.
 
 (Sec. 1952) Directs the Secretary to conduct a design and feasibility analysis to alleviate southbound traffic congestion along the George Washington Parkway, Virginia, between Interstate Route 495 and the 14th Street Bridge, and to take appropriate action in response to the analysis results.
 
(Sec. 1953) Authorizes appropriations for: (1) surface transportation projects of national and regional significance; and (2) highway construction projects in corridors of national significance.
 
(Sec. 1955) Directs the Secretary of the Interior, acting through the Director of the Bureau of Land Management, to convey within a specified time to Ely, Nevada, without consideration, all right, title, and interest of the United States in land located within the railroad corridor described in specified rights-of-way.
 
(Sec. 1957) Directs the Vermont agency of transportation to: (1) commence, not later than August 1, 2005, planning for a traffic circle at the intersection of U.S. Route 7 and Vermont Route 103 in Clarendon, Vermont; and (2) complete its construction by August 1, 2007. Earmarks certain funds for this project.
 
(Sec. 1958) Prohibits the Secretary from approving any federal-aid highway project in Orange and Seminole Counties, Florida, which provides access from Interstate Route 4 to the right-of-way or median of Interstate Route 4 if tolls are used for access.
 
(Sec. 1959) Directs the Secretary to provide to the Port Authority of New York and New Jersey funds for the Cross Harbor Freight Movement Project, New York.
 
(Sec. 1960) Amends the Denali Commission Act of 1998 to establish the Denali Access System Program to pay the costs of planning and constructing road and other surface transportation infrastructure in Alaska Native villages and rural communities.
 
Establishes a Denali Access System Program Advisory Committee.
 
Authorizes appropriations for FY2006-FY2009.
 
(Sec. 1961) Directs the Secretary to study and report to Congress on the I-95/Contee Road relocated interchange project located in Prince George's County, Maryland.
 
Authorizes appropriations for FY2006.
 
(Sec. 1962) Authorizes appropriations for FY2006-FY2009 for multimodal facility improvements, construction, and ferry acquisition by North Bay Ferry Service, Inc., located at Port Sonoma in Petaluma, California.
 
(Sec. 1963) Directs the Economic Development Administration (EDA) to facilitate further financing to approve, without compensation, a series of leases of the Apollo Theater, located in Harlem, New York, to be improved by specified EDA projects.
 
(Sec. 1964) Sets the federal share of costs at between 80% and 95% for high priority projects, certain transportation improvement projects, and transportation projects of national and regional significance in the states of Alaska, Montana, Nevada, North Dakota, Oregon, and South Dakota.
 

Title II: Highway Safety - 
(Sec. 2001) Authorizes appropriations for FY2005-FY2009 for highway safety programs, including: (1) highway safety research and development (R&D); (2) occupant protection incentive grants; (3) safety belt performance grants; (4) grants to states for traffic safety information system improvements; (5) the alcohol-impaired driving countermeasures incentive grant program; (6) the National Driver Register; (7) the high visibility enforcement program; (8) motorcycle safety (FY2006-FY2009); (9) child safety and child booster seat safety incentive grants (FY2006-FY2009); and (10) administrative expenses of the National Highway Traffic Safety Administration (NHTSA) (FY2006-FY2009).
 
(Sec. 2008) Directs the Secretary to review each state highway safety program triennially, and make review-based recommendations on how each state could improve the management and oversight of its grant activities. Directs the Comptroller General to analyze and report to Congress on the effectiveness of NHTSA's oversight of traffic safety grants with respect to state highway safety programs.
 
(Sec. 2012) Directs the Secretary to collect data, compile statistics, and report to Congress on accidents involving motor vehicles being backed up that result in fatalities and injuries, and that occur on public and nonpublic roads and residential and commercial driveways and parking facilities.
 
(Sec. 2013) Directs the Secretary to: (1) coordinate with other federal agencies on how to address the problem of driving under the influence of an illegal drug (not obtained by a legal and valid prescription); and (2) conduct research on the prevention, detection, and prosecution of driving under the influence of such drugs. 
 
Directs the Secretary to: (1) report to Congress on the problem of drug-impaired driving; and (2) develop a model statute for states relating to drug-impaired driving.
 
Earmarks highway safety R&D funds for FY2006-FY2009.
 
(Sec. 2014) Directs the Secretary to develop a first responder vehicle safety program to increase the safe and efficient operation of first responder vehicles. Authorizes appropriations for FY2006.
 
(Sec. 2015) Directs the Secretary to study and report to Congress on the risks associated with glare to oncoming drivers, including drivers on two-lane highways, increased risks to drivers over the age of 50, and the overall effects of glare on driver performance.
 
 
(Sec. 2016) Directs the Secretary to conduct a pilot program, and report the results to Congress, on optimizing emergency medical services in a rural state. 
 
(Sec. 2017) Directs the Secretary to allocate a specified amount of highway safety R&D funds for FY2006-FY2009 to conduct a research and demonstration program to improve traffic safety with respect to older drivers.
 
(Sec. 2018) Amends the federal criminal code to prohibit the unauthorized sale or use of traffic signal preemption transmitters (devices or mechanisms that can change a traffic signal's phase time or sequence). Prescribes civil and criminal penalties for violations of such prohibition. 
 
(Sec. 2020) Expresses the sense of Congress that, in an effort to further change the culture of alcohol-impaired driving on our Nation's highways, the President should consider establishing a Presidential Commission on Alcohol-Impaired Driving.
 
(Sec. 2021) Expresses the sense of Congress that NHTSA should work with state and local governments and independent organizations to increase public awareness of state legal limits on blood alcohol concentration levels and the dangers of drinking and driving.
 

Title III: Public Transportation - 
Federal Public Transportation Act of 2005 - (Sec. 3003) Revises requirements for the development and revitalization of U.S. public transportation systems.
 
(Sec. 3005) Consolidates and revises requirements for development by MPOs of long-range transportation plans and transportation improvement programs (TIPs) for metropolitan planning areas.
 
(Sec. 3006) Replaces certain metropolitan area TIP requirements with requirements for statewide transportation plans and statewide Tips
 
 (Sec. 3007) Replaces requirements for the designation of transportation management areas with revised requirements for grants to states, MPOs, and local governments, agreements with other departments, or contracts with private nonprofit or for-profit entities to develop transportation plans and programs (including metropolitan planning and state planning and research). Allocates funds based a specified formula for FY2005-FY2009 for such programs.
 
(Sec. 3009) Authorizes the Secretary to award urbanized area formula grants for planning, transit enhancements, and operating costs of equipment and facilities: (1) for use in public transportation in an urbanized area with a population of between 200,000 and 225,000; and (2) for local governmental authorities in areas which adopted transit operating and financing plans that became a part of the Houston, Texas, urbanized area, but lie outside the service area of the principal public transportation agency that serves the Houston urbanized area.
 
Limits a recipient of a formula grant in an urbanized area with a population of 558,329 or 747,003 to not more than 20% of the grant for the provision of non-fixed route paratransit services in accordance with the Americans with Disabilities Act, provided the grant recipient is in compliance with that Act, including both fixed route and demand responsive service and such service is acquired by contract.
 
(Sec. 3010) Revises requirements for the clean fuels grant bus procurement program, particularly apportionment requirements.
 
 (Sec. 3011) Eliminates the Secretary's authority to make capital investment loans.
 
 
Prescribes separate requirements for grantees receiving more than $75 million for a new fixed guideway capital project, and for grantees receiving less than $75 million for such projects (including projects for less than $25 million).
 
Sets forth certain allocations for FY2005 for new fixed capital projects, capital projects for fixed guideway modernization, and capital projects for buses and bus-related equipment and facilities, including allocations: (1) for FY2006-FY2009 for major new fixed guideway capital projects; (2) FY2007-FY2009 for new fixed guideway capital projects of less than $75 million; (3) for FY2005-FY2009 for capital projects in Alaska and Hawaii for new fixed guideway systems and extension projects utilizing ferry boats, ferry boat terminals, or approaches to ferry boat terminals; (4) for FY2006-FY2009 for payments to the Denali Commission for docks, waterfront development projects, and related transportation infrastructure; and (5) for FY2006-FY2009 for ferry boats or ferry terminal facilities (earmarking amounts for specified ferry projects, the national fuel cell bus technology development program, projects in non-urbanized areas, intermodal terminal projects, and bus testing).
 
Requires grantees to conduct Before and After Studies.
 
Requires the Federal Transit Administration (FTA) to issue: (1) a Contractor Performance Assessment Report (CPAR) analyzing the consistency and accuracy of cost and ridership estimates made by contractors to public transportation agencies developing new fixed guideway capital projects; and (2) a Contractor Performance Incentive Report (CPIR) on the suitability of allowing such contractors to receive performance incentive awards if a project is completed for less than the original estimated cost.
 
Authorizes the Secretary to establish a pilot program to demonstrate the advantages and disadvantages of public-private partnerships for certain new fixed guideway capital projects.
 
Directs the Secretary to credit funds provided by the Florida department of transportation for the extension of the Miami Metrorail System from Earlington Heights to the Miami Intermodal Center to satisfy matching requirements for the Miami North Corridor and Miami East-West Corridor projects.
 
(Sec. 3012) Revises requirements for the formula grant program for the special transportation needs of elderly individuals and individuals with disabilities, eliminating loans to states for related service.
 
Establishes a pilot program that will allow Wisconsin, Alaska, Minnesota, Oregon, and three other states selected by the Secretary to use up to 33% of the formula grants for the operating costs associated with the transportation needs of such individuals.
 
(Sec. 3013) Revises requirements for formula grants for other than urbanized areas to distinguish between recipients (states and Indian tribes) and subrecipients (state or local governmental authorities, nonprofit organizations, or operators of public transportation or intercity bus service) that receive federal funds through a recipient. Apportions HTF funds for FY2006-2009 for formula grants for other than urbanized areas to Indian tribes for eligible public transportation projects on Indian reservations.
 
Provides funding for the rural transportation assistance program (RTAP).
 
(Sec. 3014) Revises requirements for grants, contracts, cooperative agreements, or other agreements for research, development, or demonstration projects. Adds deployment projects. Repeals specific authority for research, investigation, and training grants to institutions of higher education.
 
 
(Sec. 3015) Repeals apportionment requirements for state planning and research with respect to a mass transportation cooperative research program.
 
(Sec. 3016) Eliminates the Industry Technical Panel.
 
 
Authorizes the Secretary to award: (1) demonstration grants to certain charitable or educational organizations or state or local government agency to provide transportation services to individuals to access dialysis treatments and other medical treatments for renal disease; and (2) grants to a national not-for-profit organization for the establishment of a national technical assistance center for senior transportation programs.
 
Directs the Secretary to study and report to Congress on actions necessary to purchase increased volumes of alternative fuels for use in public transit vehicles.
 
(Sec. 3017) Repeals the requirement that the Secretary delegate all authority to the National Transit Institute (NTI) at Rutgers University to develop and conduct education and training programs related to mass transportation.
 
(Sec. 3018) Codifies the Job Access and Reverse Commute (JARC) grant program of the TEA-21. Changes the program from a competitive discretionary grant to a formula grant program.
 
(Sec. 3019) Authorizes the Secretary to make New Freedom formula grants for new public transportation services and alternatives for individuals with disabilities beyond those required by the Americans with Disabilities Act of 1990, including transportation to and from jobs and employment support services.
 
(Sec. 3020) Eliminates the bus testing revolving loan fund. 
 
 
 (Sec. 3021) Authorizes the Secretary to award a grant or enter into a contract to carry out a qualified project to provide alternative transportation in National Parks and other federal public lands (by bus, rail, or any other publicly or privately owned conveyance that provides the public general or special service on a regular basis, including sightseeing service, and by nonmotorized transportation systems such as facilities for pedestrians, bicycles, and nonmotorized watercraft).
 
(Sec. 3022) Revises the Secretary's authority to make grants to states, local governmental authorities, and operators of public transportation systems to provide fellowships to train personnel employed in managerial, technical, and professional positions in the public transportation field.
 
(Sec. 3023) Eliminates the Secretary's authority to make loans to a state or local governmental authority to acquire an interest in, or buy property of, a private company engaged in public transportation for certain capital projects. 
 
Revises enforcement requirements for violations of conditions on charter bus transportation service and schoolbus transportation. Directs the Secretary to bar violators from receiving federal transit assistance in an appropriate amount if the Secretary finds a pattern to such violations. (Currently all such assistance must be barred.)
 
Permits a recipient of federal financial assistance to use proceeds from the issuance of revenue bonds as part of the local matching funds for a capital project.
 
Authorizes the Secretary to establish a pilot program to reimburse up to 10 recipients for deposit of bond proceeds in a debt service reserve the recipient establishes from urbanized area formula grant amounts.
 
Directs the Secretary to issue a final rule on implementation of Buy America requirements to provide that any waiver of such requirements for a microprocessor, computer, or microcomputer shall apply only to a device used solely to process or store data, and does not extend to products containing a microprocessor, computer, or microcomputer.
 
Authorizes the Secretary to terminate federal financial assistance and seek reimbursement directly, or by offsetting amounts, if a recipient has made a false or fraudulent statement or related act in connection with a federal transit program.
 
Authorizes a recipient of federal assistance to allow the incidental use of federally funded alternative fueling facilities and equipment by nontransit public entities and private entities, provided certain requirements are met.
 
Authorizes the Secretary to assist an applicant to acquire a railroad right-of-way before completion of an environmental review for any project that may use the right-of-way, if the acquisition is otherwise permitted under federal law.
 
(Sec. 3025) Requires recipients of federal funds to conduct all procurement transactions involving such assistance in a manner providing full and open competition, as determined by the Secretary.
 
 
Revises requirements for federal financial assistance for design-build system projects.
 
(Sec. 3026) Increases the funds available for project management oversight and review. 
 
(Sec. 3028) Revises requirements for investigations of safety hazards, to include security risks.
 
(Sec. 3029) Applies specified requirements for the withholding of amounts for noncompliance with safety requirements to any states designing rail fixed guideway mass transportation systems that will not be subject to regulation by the Federal Railroad Administration (FRA). (Currently they apply only to those states that already have systems not subject to FRA regulation.)
 
(Sec. 3030) Grants the Secretary discretion to decide that a form of public transportation is covered adequately, for employee alcohol and controlled substances testing purposes, under the alcohol and controlled substance statutes or regulations of an agency within the DOT or the Coast Guard.
 
(Sec. 3031) Revises employee protective arrangement requirements.
 
Requires certification without referral for any such arrangements for employees utilized by the Secretary of Labor for federal assistance to purchase like-kind equipment or facilities, and grant amendments which do not materially revise or amend existing federal assistance agreements.
 
Requires the Secretary, in issuing fair and equitable determinations involving assurances of employment when one private transit bus service contractor replaces another through competitive bidding, to base such decisions on the principles set forth in DOT's decision of September 21, 1994, as clarified by the supplemental ruling of November 7, 1994, with respect to grant NV-90-X021.
 
 (Sec. 3032) Terminates the authority of the Secretary of Housing and Urban Development to make grants or enter contracts for research, development, demonstration project, investigation, and training related to urban transportation systems and planned development of urban areas.
 
Prohibits the Secretary of Transportation, except as directed by the President for purposes of national defense or in the event of a national or regional emergency, from regulating the operation, routes, or schedules of a public transportation system for which a capital projects grant is made, or the rates, fares, tolls, rentals, or other charges prescribed by a public or private transportation provider.
 
 
Requires the Secretary to notify Congress at least three full business days before any discretionary grant award, letter of intent, or full funding grant agreement for a transportation project totaling $1 million or more is announced. 
 
(Sec. 3034) Apportions certain formula grant funds for FY2006 and each succeeding fiscal year to certain urbanized areas with populations of less than 200,000. Requires the calculation of small transit intensive cities factors in such apportionments. Directs the Secretary to study and report to Congress on the feasibility of developing and implementing an incentive funding system for operators of public transportation.
 
 
(Sec. 3035) Revises requirements with respect to apportionments for fixed guideway modernization. Requires such apportionments to urbanized areas with a population of 55,997 to be based on certain fixed guideway factors related to FY1997 apportionments.
 
(Sec. 3036) Authorizes FY2005 appropriations for formula grants for certain capital projects, job access and reverse commute grants for low income individuals, capital program grants, public transportation planning programs, public transportation research, university transportation research, and to carry out certain administrative provisions with respect to public transportation projects.
 
Authorizes FY2006-FY2009 appropriations for certain public transportation project formula grants, bus grants, capital investment grants, and research and university research centers.
 
(Sec. 3037) Authorizes the Secretary to award grants to states, MPOs, and local governmental authorities to develop an alternative analysis program (currently part of the New Starts program, but transferred here by this Act). Sets the federal share of costs at 80%. Makes program funds available for FY2006 and FY2007 for specified transportation projects.
 
(Sec. 3038) Requires the Secretary to apportion for each fiscal year certain formula grants for urbanized areas and other than urbanized areas based on growing states and high density state formula factors.
 
 
(Sec. 3039) Amends TEA-21 to increase from 50% to 90% the federal funding share for the over-the-road bus accessibility program.
 
(Sec. 3040) Sets forth a total obligation ceiling for FY2005-FY2009 for the Mass Transit Account of the HTF.
 
(Sec. 3041) Requires the Secretary to: (1) ensure that the total apportionments made for FY2005 to each grant recipient under FTA programs does not exceed the amounts appropriated for FY2005 plus prior year balances; and (2) adjust the amount apportioned to each urbanized area for fixed guideway modernization to reflect a specified apportionment method.
 
(Sec. 3043) Authorizes specified new fixed guideway capital projects for final design and construction or alternatives analysis and preliminary engineering.
 
(Sec. 3044) Directs the Secretary to make specified funds available for FY2006-FY2009 for: (1) designated bus projects and bus-related facilities; and (2) clean fuels grant program projects. 
 
(Sec. 3045) Directs the Secretary to establish a national fuel cell bus technology development program to facilitate development of commercially viable fuel cell bus technology and related infrastructure.
 
 
(Sec. 3046) Directs the Secretary to enter into an agreement with the National Academy of Sciences to study and report to Congress on: (1) the value major public transportation systems serving the 38 urbanized areas with a population of over one million provide to the Nation's security; and (2) the ability of such systems to accommodate the evacuation, egress, or ingress of people to or from critical locations in times of emergency.
 
Provides allocations through FY2009 for specified national research and technology programs.
 
(Sec. 3047) Forgives any outstanding balances on the following grant agreements made to the Lane County Transit District, Oregon: (1) Federal Contract Number OR-03-0087; and (2) Federal Contract Number OR-90-X094.
 
 
(Sec. 3048) Directs the Secretary to review the use of cooperative procurement in the mass transit program.
 
 
(Sec. 3049) Requires agencies (including the Postal Rate Commission and the Smithsonian Institution) in the National Capital Region to implement a program wherein its employees are offered transit pass transportation fringe benefits.
 
(Sec. 3050) Directs the FTA to approve final design for specified commuter rail projects in the absence of an access agreement with the owner of the railroad right-of-way.
 
(Sec. 3051) Authorizes the Secretary to audit, make recommendations, and take appropriate enforcement action regarding the paratransit services provided by a regional, state, or transit agency in Illinois that would otherwise be provided by a transit agency under the Americans with Disabilities Act of 1990.
 

Title IV: Motor Carrier Safety - 
Motor Carrier Safety Reauthorization Act of 2005 - 
Subtitle A: Commercial Motor Vehicle Safety - 
(Sec. 4101) Amends federal transportation law to authorize appropriations for FY2005-FY2009 for: (1) motor carrier safety grants; (2) administrative expenses of the Federal Motor Carrier Safety Administration (FMCSA); and (3) FMCSA grant programs, including commercial driver's license (CDL) program improvement grants, border enforcement grants, performance and registration information system management grants, grants for the commercial vehicle information systems and networks deployment program, and safety data improvement grants.
 
(Sec. 4102) Increases penalties for reporting and recordkeeping violations and for violations of out-of-service orders. Sets forth a criminal penalty of imprisonment for a term of not more than one year or a fine, or both, upon conviction for an employer that knowingly and willfully allows or requires an employee to operate a commercial motor vehicle in violation of an out-of-service order.
 
(Sec. 4103) Establishes a civil penalty of $1,000 per offense for denying the Secretary access to records or property with respect to commercial motor carrier safety and operators.
 
(Sec. 4104) Directs the Secretary to revoke (currently the Secretary is authorized to suspend) the registration of: (1) a motor carrier that has been prohibited from operating in interstate commerce for failure to comply with commercial motor vehicle safety fitness requirements; and (2) a motor carrier of passengers if the Secretary finds that such carrier has been conducting unsafe operations which are an imminent hazard to public health or property.
 
(Sec. 4105) Declares that nothing in federal transportation law relating to motor carriers of property shall be construed to prevent a state from requiring that, in the case of vehicles towed from private property without the owner's or operator's consent, towing companies have prior written consent from a property owner or lessee, or that the owner or lessee be present at the time, or both.
 
(Sec. 4106) Modifies the state plan procedures and contents required for state eligibility to receive federal grants for commercial motor carrier safety. 
 
(Sec. 4107) Directs the Secretary to establish safety performance criteria to be used to distribute high priority program funds. Authorizes the Secretary to set-aside $15 million for each of FY2006-FY2009 for states, local governments, and organizations representing government agencies to carry out high priority activities and projects that improve commercial motor vehicle safety and compliance with commercial motor vehicle safety regulations, increase public awareness and education, demonstrate new technologies, and reduce the number and rate of accidents involving commercial motor vehicles.
 
Authorizes the Secretary to make grants to states and local governments for new entrant motor carrier audits. Sets aside $29 million per fiscal year for such audits.
 
(Sec. 4108) Requires the Secretary to maintain data analysis capacity and programs that establish and implement a national motor carrier safety data correction system. Directs the Secretary to report to Congress on the status of revision of the safety fitness rating system of motor carriers.
 
(Sec. 4109) Revises requirements for design, participation, and funding for commercial vehicle safety information systems.
 
Authorizes the Secretary to make grants to states to implement performance and registration information system management requirements.
 
(Sec. 4110) Authorizes the Secretary to make border enforcement grants to states sharing a land border with another country (Canada or Mexico) for carrying out border commercial motor vehicle safety programs and related enforcement activities and projects.
 
 (Sec. 4111) Directs the Secretary to establish and implement a motor carrier and motor coach research and technology program that includes a multi-year research plan focusing on nonredundant innovative research. Prescribes procedural guidelines for research, development, and technology transfer activities. Limits the federal share of costs to 50%, unless there is substantial public interest or benefit associated with an activity.
 
(Sec. 4112) Allows Nebraska to exempt truck tractor and two trailers or semitrailers combinations of up to 81 feet, six inches, used only for harvesting wheat, soybeans, and milo for agricultural producers during the harvest months, from federal length limitations prohibiting the operation of certain sized commercial vehicle combinations on the Dwight D. Eisenhower System of Interstate and Defense Highways.
 
(Sec. 4113) Authorizes the Secretary to suspend, amend, or revoke any part of a motor carrier's registration if the Secretary finds that an officer of the carrier engages or has engaged in a pattern or practice of avoiding compliance, or masking or concealing noncompliance, with commercial motor vehicle safety regulations.
 
(Sec. 4114) Revises safety fitness requirements for a owner or operator of a commercial motor vehicle that transports passengers and hazardous materials. Prohibits such an owner or operator determined not fit to operate in interstate commerce from operating any commercial motor vehicle that affects interstate commerce, until the Secretary determines that such owner or operator is fit. Sets forth similar requirements for determinations of unfitness by the state.
 
 
(Sec. 4116) Establishes a Medical Review Board to provide FMCSA with medical advice and recommendations on medical standards and guidelines for the physical qualifications of operators of commercial motor vehicles, medical examiner education, and medical research. Directs the Secretary to establish, review, and revise medical standards for operators of commercial motor vehicles.
 
(Sec. 4117) Directs the Secretary to provide persons conducting preemployment screening services for the motor carrier industry electronic access to the following reports contained in the Motor Carrier Management Information System: (1) commercial motor vehicle accident reports; (2) inspection reports that contain no driver-related safety violations; and (3) serious driver-related safety violation inspection reports.
 
 
(Sec. 4118) Directs the Secretary to issue regulations establishing a program to ensure the safety of intermodal equipment used to transport intermodal containers. Authorizes the Secretary to inspect intermodal equipment, and copy related maintenance and repair records, on demand and display of proper credentials.
 
 
(Sec. 4119) Authorizes the Secretary to use specified funds to participate and cooperate in international activities to enhance motor carrier, commercial motor vehicle, driver, and highway safety by such means as exchanging information, conducting research, and examining needs, best practices, and new technology.
 
(Sec. 4120) Authorizes the Secretary to require a person (other than a motor carrier) transporting passengers by commercial motor vehicle, or a motor private carrier transporting property, to file with the Secretary evidence of financial responsibility in an amount not less than the greater of the minimum amount required under federal law or state law for bodily injury to, or death of, an individual resulting from the negligent operation, maintenance, or use of the commercial motor vehicle, or for loss or damage to property, or both.
 
(Sec. 4121) Requires deposit into the HTF (other than the Mass Transit Account), instead of the Treasury as miscellaneous receipts, of civil penalties for violations of requirements for minimum levels of financial responsibility for transporting passengers or property.
 
(Sec. 4122) Limits an individual who operates a commercial motor vehicle to only one learner's permit (as well as one driver's license) at any time. Revises federal CDL minimum standards to require an individual to pass a written test for a CDL license on the operation of a commercial motor vehicle that complies with certain minimum fitness standards. 
 
(Sec. 4123) Directs the Secretary to develop and publish a comprehensive national plan to modernize the CDL information system. Authorizes the Secretary to make grants to states to modernize their CDL information systems to be compatible with the modernized federal CDL information system plan. Sets the federal share of costs at 80%. Authorizes appropriations for FY2006-FY2009.
 
(Sec. 4124) Authorizes the Secretary to make a grant to a state to comply with federal requirements for or improve a CDL program.
 
(Sec. 4125) Amends the federal judicial code (and the portion known as the Hobbs Act) to subject all federal commercial motor carrier safety, operators, and motor carrier safety law and regulations to the exclusive jurisdiction of the appropriate U.S. Court of Appeals.
 
(Sec. 4126) Directs the Secretary to make grants to eligible states for the core deployment of commercial vehicle information systems and networks. 
 
(Sec. 4127) Directs the Secretary to conduct an outreach and education program administered by the FMCSA and the NHTSA. Authorizes appropriations for FY2006-FY2009.
 
Directs the Comptroller General to update the Government Accountability Office's evaluation of the &quot;Share the Road Safely&quot; program to determine if it has achieved reductions in the number and severity of commercial motor vehicle crashes, deaths, and injuries and to report its updated evaluation to Congress.
 
(Sec. 4128) Directs the Secretary to make grants to states to improve the commercial motor vehicle safety data reported to the Secretary. 
 
(Sec. 4129) Directs the Secretary to revise the final rule published in the Federal Register on September 3, 2003, to allow individuals who use insulin to treat their diabetes to operate commercial motor vehicles in interstate commerce. Prohibits the Secretary from requiring individuals to have experience operating commercial motor vehicles while using insulin in order to qualify to operate one.
 
(Sec. 4130) Amends the Motor Carrier Safety Improvement Act of 1999 to exempt from certain maximum driving and on-duty time regulations drivers transporting agricultural commodities or farm supplies for agricultural purposes during planting and harvest periods, if such transportation is limited to an area within a 100 air mile radius from the source of the commodities or the distribution point for the farm supplies.
 
(Sec. 4131) Provides that no additional off-duty time shall be required in order to operate ground water well drilling rigs.
 
(Sec. 4132) Provides that federal safety regulations, including hours of service, shall not apply to a driver of a utility service vehicle. Prohibits state and local governments from enacting any similar requirements.
 
(Sec. 4133) States that the maximum daily hours of service for an operator of a commercial motor vehicle providing transportation of property or passengers to or from a theatrical or television motion picture production site located within a 100 air mile radius of the operator's work reporting location shall be those in effect under specified regulations effective as of April 27, 2003. 
 
 
(Sec. 4134) Directs the Secretary to establish a grant program for training commercial motor vehicle operators in the safe use of such vehicles. Provides funding for FY2005-FY2009.
 
(Sec. 4135) Directs the Secretary to convene a task force to study, and report to Congress on, current impediments and foreseeable challenges to the CDL program's effectiveness and measures needed to realize its full safety potential. Provides funding for FY2006 and FY2007.
 
(Sec. 4136) States that federal motor carrier safety regulations that apply to Interstate operations of commercial motor vehicles used to transport between nine and 15 passengers (including the driver) shall apply to all Interstate operations of such carriers regardless of the distance traveled.
 
 
(Sec. 4137) Prohibits the Commercial Vehicle Safety Alliance from restricting the sale of inspection decals to FMCSA unless FMCSA fails to meet its responsibilities under its memorandum of understanding (MOU) with the Alliance (other than a failure due to FMCSA's compliance with federal law).
 
 
(Sec. 4138) Requires the Secretary, using HTF funds, to ensure that high-risk carrier compliance reviews are completed on motor carriers that have demonstrated through performance data that they pose the highest safety risk.
 
 
(Sec. 4139) Directs the FMCSA Administrator to conduct outreach and provide training to state personnel engaged in the enforcement of federal motor carrier safety regulations.
 
Directs the FMCSA Administrator to review and report to specified congressional committees on the degree to which Canadian and Mexican commercial motor vehicles, including motor carriers of passengers, currently operating or expected to operate in the United States comply with the U.S. motor vehicle safety standards.
 
 
(Sec. 4140) Requires the Secretary to recognize drivers who pass tests approved by the FMCSA as meeting the knowledge test requirement for a school bus endorsement.
 
 (Sec. 4141) Prohibits a state from prescribing or enforcing a regulation of commerce that imposes a vehicle length limitation of not less than or more than 97 feet on a drive-away saddlemount with fullmount vehicle transporter combinations.
 
(Sec. 4142) Requires the Secretary to register freight forwarders and brokers of household goods. Authorizes the Secretary to register other freight forwarders and brokers upon finding that such registration is needed for the protection of shippers. (Current law requires the registration of all freight forwarders and brokers, regardless of relation to household goods.)
 
 
(Sec. 4143) Amends federal criminal law to require a driver of a commercial motor vehicle to stop and submit to inspection of the vehicle, driver, cargo, and required records when directed to do so by an authorized FMCSA employee. Sets forth criminal penalties for knowing failure to do so or for leaving the inspection site without authorization. Grants FMCSA employees the authority to direct a driver of a commercial vehicle to stop for inspection at or in the vicinity of an inspection site.
 
(Sec. 4144) Establishes a motor carrier safety advisory committee in the FMCSA.
 
(Sec. 4146) Exempts through FY2009 from federal maximum driving and on-duty time regulations for a motor carrier driver the transportation of grapes west of Interstate 81 in the State of New York during a harvest period and within a 150-air mile radius from where the grapes are picked or distributed.
 
(Sec. 4147) Provides that certain commercial motor vehicle safety and maximum hours of service regulations shall not apply to a driver of a commercial motor vehicle which is used primarily in the transportation of propane winter heating fuel, or to a driver of a motor vehicle used to respond to a pipeline emergency, if such regulations would prevent the driver from responding to an emergency condition requiring immediate response.
 
(Sec. 4148) Directs the Secretary to conduct a rulemaking to permit a state licensed or certified marriage and family therapist to act as a substance abuse professional.
 
 
(Sec. 4149) Authorizes the Director of the Office of Intermodalism (within the Research and Innovative Technology Administration) to use certain funds, otherwise available for grants to states to develop model state intermodal transportation plans, to provide technical assistance for intermodal data collection.
 
Requires the Director to develop a national intermodal system improvement plan that assesses the national intermodal transportation system and makes recommendations for improving intermodal policy. Requires the Director to report biennially to Congress on the plan to improve the national intermodal transportation system. Authorizes appropriations for FY2006-FY2009.
 

 Subtitle B: Household Goods Transportation - 
Household Goods Mover Oversight Enforcement and Reform Act of 2005 - (Sec. 4203) Amends federal transportation law to require a carrier providing transportation for a shipment of household goods to give up possession of the goods at the destination upon payment of: (1) 100% of the transportation charges in a binding estimate; (2) no more than 110% of the charges in a nonbinding estimate; or (3) the prorated percentage of the charges in the case of a partial delivery. 
 
(Sec. 4204) Sets forth additional registration requirements for motor carriers of household goods. Authorizes the Secretary to register a person to provide such transportation only after the person: (1) provides evidence of participation in an arbitration program; (2) identifies its tariff; (3) provides evidence that it will observe all consumer protection laws; and (4) discloses relationships involving common stock, common ownership, common management, or common familial relationships with other motor carriers, freight forwarders, or broker of household goods within the past three years.
 
 
(Sec. 4205) Requires a motor carrier of household goods to: (1) conduct a physical survey of the household goods to be transported on behalf of a prospective shipper; and (2) provide the shipper with a written estimate of all charges (including a copy of the DOT publication FMCSA-ESA-03-005, or its successor edition or publication entitled &quot;Ready to Move&quot;, and a copy of DOT publication OCE 100, entitled &quot;Your Rights and Responsibilities When You Move&quot;).
 
(Sec. 4206) Limits state regulation of transportation of household goods to intrastate transportation.
 
Authorizes states to enforce federal consumer protection laws and regulations with respect to the interstate transportation of household goods. Requires FMCSA to implement an outreach plan to enhance the coordination and enforcement of such laws and regulations between and among federal and state law enforcement and consumer protection authorities.
 
(Sec. 4207) Makes the replacement value a carrier's maximum liability for household goods that are lost, damaged, destroyed, or otherwise not delivered to the final destination.
 
(Sec. 4208) Revises requirements for the dispute settlement program for household goods carriers to require a carrier to agree to offer arbitration to shippers of household goods as a means of settling disputes between such carriers and shippers concerning whether carrier charges, in addition to those collected at delivery, must be paid by the shipper.
 
Increases from $5,000 to $10,000 the claim threshold in a dispute between carrier and shipper that separates mandatory binding arbitration from binding arbitration only if the carrier agrees to shipper-requested arbitration.
 
(Sec. 4209) Sets forth civil and criminal penalties for: (1) a household goods transportation broker's making an estimate of the transportation costs before entering an agreement with a carrier; and (2) transportation of household goods or provision of related broker services without registration. 
 
(Sec. 4210) Prescribes civil and criminal penalties for carriers or brokers who hold household goods hostage.
 
(Sec. 4211) Directs the Secretary to: (1) take necessary action to ensure prominent display on the DOT website of the publication entitled &quot;Your Rights and Responsibilities When You Move;&quot; and (2) modify certain regulations to require a broker subject to them to provide actual or potential shippers with specified information whenever they have contact with them.
 
(Sec. 4213) Directs the Secretary to establish a working group of state attorneys general, state consumer protection administrators, and federal and local law enforcement officials in order to enhance federal-state enforcement efforts, exchange of information, and coordination of enforcement efforts regarding interstate transportation of household goods.
 
(Sec. 4214) Directs the Secretary to: (1) establish a filing system for consumer complaints relating to household goods carriers and for compiling complaint information on them gathered by DOT and the states, a database of the complaints, and a procedure for the public access to aggregated information and for carriers to challenge information in the database; (2) issue regulations requiring each household goods carrier to submit specified data on a quarterly basis; and (3) develop a procedure to forward a complaint to a motor carrier and the appropriate state authority.
 
(Sec. 4215) Directs the Surface Transportation Board to: (1) complete a review of current federal regulations regarding the level of liability protection provided by motor carriers providing transportation of household goods; and (2) revise them, if necessary, to provide enhanced protection in the case of loss or damage.
 
(Sec. 4216) Directs the Comptroller General to study and report to certain congressional committees on: (1) current consumer protection authorities and actions of the DOT; and (2) the impact on shippers and household goods carriers in interstate transportation of allowing state attorneys general to apply state consumer protection laws to such transportation.
 

Subtitle C: Unified Carrier Registration Act of 2005 - 
Unified Carrier Registration Act of 2005 - (Sec. 4303) Amends federal transportation law with regard to registered motor carriers or motor private carriers providing transportation or service under federal requirements. Requires a registered motor carrier (except a motor private carrier) to file a bond with the Secretary. Revises certain registration requirements.
 
 
(Sec. 4304) Directs the Secretary to issue regulations to establish an on-line Federal Unified Carrier Registration System (UCRS) to replace specified current systems. Requires the UCRS to serve as a clearinghouse and depository of information, and identification of, all motor private carriers (including others) required to register with the DOT, including information on the carrier's safety rating, compliance with required levels of financial responsibility, and compliance with certain state registration requirements. Directs the Secretary (who currently is authorized) to establish a fee system for the UCRS. Excludes from such registration requirements motor carriers, motor private carriers of property, or transporters of waste or recyclable materials operating exclusively in intrastate transportation.
 
(Sec. 4305) Eliminates requirements for a single state motor carrier registration system.
 
Establishes a Unified Carrier Registration Agreement (UCR Agreement), which shall govern the collection and distribution of registration and financial responsibility information provided and fees paid by motor carriers, motor private carriers, brokers, freight forwarders, and leasing companies. Establishes a Unified Carrier Registration Plan (UCR Plan) composed of an organization of state, federal, and motor carrier industry representatives responsible for developing, implementing and administering the UCR Agreement.
 
Requires states, to be eligible to participate in the UCR Plan or to receive revenues derived under the UCR Agreement, to submit to the Secretary a plan: (1) identifying the state agency to administer the UCR Agreement; and (2) demonstrating that an amount at least equal to the revenue derived by the state from the UCR Agreement will be used for motor carrier safety programs, enforcement, or the administration of the UCR Plan and UCR Agreement.
 
(Sec. 4306) Prohibits a state, political subdivision, interstate agency, or other political agency of two or more states from enacting or enforcing a law, rule, or regulation standard that requires a motor carrier, motor private carrier, freight forwarder, or leasing company to display any form of identification on or in a commercial motor vehicle, with specified exceptions.
 
(Sec. 4307) Authorizes amounts generated by the UCR Agreement and received by a state and used for motor carrier safety purposes to be included as part of the state's share (matching funds) not provided by the United States.
 

Subtitle D: Miscellaneous Provisions - 
(Sec. 4401) Requires the donee (corporation to which the Administrator of General Services donated a vessel) to transfer all its rights, title, and interest to the Administrator. Requires the Administrator to remove the vessel to a federal facility and sell it for fair market value. Requires as a condition of such conveyance that the vessel not be used within the United States or U.S. territorial seas. Authorizes appropriations.
 
(Sec. 4402) Amends the Coast Guard Authorization Act of 1998 to eliminate the reversionary condition from the conveyance of certain Coast Guard property to Jacksonville University in Jacksonville, Florida.
 
(Sec. 4403) Extends through FY2006-2007 the authorization of appropriations for financial assistance to any city government, village corporation, or tribal council of St. George, Alaska, or St. Paul, Alaska.
 
(Sec. 4404) Allows in the states of Alaska and Hawaii: (1) state legislature members to serve on the policy board of a MPO; and (2) a MPO to be redesignated as a result of changes in state law that define new requirements for the MPO policy board.
 
(Sec. 4405) Amends federal transportation law to provide that certain requirements for the permitted use by another person of a type certificate to manufacture a new aircraft, aircraft engine, propeller, or appliance shall not apply to a person who began the manufacture of an aircraft before August 5, 2004, if the name of the holder of the type certificate for the aircraft does not appear on the airworthiness certificate or identification plate of the aircraft.
 
 (Sec. 4406) Directs the Secretary of the Interior to execute instruments to release the condition on a portion of land adjacent to the community of Beaver, Alaska, (conveyed to the Beaver Kwit'chin Corporation pursuant to Patent No. 50-69-0130 and dated August 23, 1968) which requires such land to revert to the United States if it is not used for airport purposes. Requires the Beaver Kwit'chin Corporation to reconvey all its right, title, and interest in such land to any individual who occupies the land. Authorizes the Corporation to convey or retain the remaining land for community purposes.
 
(Sec. 4407) Enacts into law the reciprocal rights-of-way and easements identified on the map numbered 92337 and dated June 15, 2005.
 
(Sec. 4408) Provides for the transfer of Rialto Municipal Airport/Art Scholl Memorial Airport, California, subject to certain conditions.
 
(Sec. 4410) Designates the bridge joining the Island of Gravina to the community of Ketchican, Alaska, as the &quot;Ralph M. Bartholomew Veterans' Memorial Bridge&quot;.
 
(Sec. 4411) Designates the Knik Arm bridge in Alaska as &quot;Don Young's Way&quot;.
 
(Sec. 4412) Prohibits the Federal Energy Regulatory Commission (FERC) from ordering retroactive changes in TAPS quality bank adjustments for: (1) any period before February 1, 2000, in a proceeding commenced before enactment of this Act; and (2) any period that exceeds the 15-month period immediately preceding the earliest date of the first order of the FERC imposing quality bank adjustments in a proceeding. Defines such adjustments as monetary adjustments paid by or to a shipper of oil on the Trans Alaska Pipeline System through the operation of a quality bank to compensate for the value of the oil of the shipper that is commingled in the Pipeline.
 

Title V: Research - Subtitle A: Funding - 
(Sec. 5101) Authorizes appropriations for FY2005-FY2009 for the following programs, with a federal share of 50%: (1) surface transportation research, development, and deployment program; (2) training and education; (3) Bureau of Transportation Statistics; (4) university transportation research; (5) intelligent transportation systems (ITS) research; and (6) ITS deployment.
 
(Sec. 5102) Specifies an rising obligation ceiling upon such appropriations for each fiscal year.
 
(Sec. 5103) Declares that Congress finds that it is in the U.S. interest to increase the federal investment in transportation R&D (including research in critical research gaps) in order to ensure that the transportation system meets the goals of safety, mobility, economic vitality, efficiency, equity, and environmental protection.
 

Subtitle B: Research, Technology, and Education 
- (Sec. 5201) Amends federal highway law to revise requirements for the highway research, technology, and education program, including: (1) basic principles governing research and technology investments; (2) procurement for research, development, and technology transfer activities; (3) a transportation pooled fund program; and (4) an exploratory advanced research program (with an earmark of funds for FY2005-FY2009). 
 
Directs the Secretary to: (1) continue to carry out, through September 30, 2009, tests, monitoring, and data analysis under the long-term pavement performance program (with funds earmarked for FY2005-FY2009); (2) carry out a seismic research program in cooperation with the Center for Civil Engineering Research at the University of Nevada, Reno, and the the National Center for Earthquake Engineering Research at the University of Buffalo (with funds earmarked for FY2005-FY2009); and (3) operate in the FHA the Turner-Fairbank Highway Research Center. 
 
Authorizes appropriations for FY2006-FY2009 to carry out biobased research of national importance at the National Biodiesel Board and at certain sun grant research centers.
 
(Sec. 5202) Directs the Secretary to establish a 20-year long-term bridge performance program. Earmarks funds for FY2006-FY2009.
 
Revises the Innovative Bridge Research and Deployment Program. Earmarks funds for it for FY2005-FY2009. Earmarks funds for FY2006-FY2009 for high performance concrete bridge technology research and deployment.
 
Directs the Secretary to carry out a program to: (1) demonstrate the application of high-performing steel in the construction and rehabilitation of bridges; and (2) test steel bridges for growing cracks. Earmarks funds for FY2006-FY2009. Sets the federal share of program costs at 80%.
 
(Sec. 5203) Modifies the technology deployment program. Authorizes the Secretary to make grants to, and enter into cooperative agreements and contracts with, states, other federal agencies, universities and colleges, private sector entities, and nonprofit organizations to pay the federal share of the cost of research, development, and technology transfer activities concerning innovative materials.
 
Directs the Secretary to: (1) ensure that the information and technology resulting from research is made available to state and local transportation departments and other interested parties; (2) implement an innovative pavement research and deployment program; and (3) obligate funds through FY2009 to conduct research to improve asphalt pavement, concrete pavement, alternative materials used in highways, and aggregates used in highways on the NHS. Earmarks funds for FY2006-FY2009. 
 
Directs the Secretary to: (1) establish and implement a program to demonstrate the application of innovative technologies in highway safety; and (2) ensure that the information and technology resulting from such research is made available to state and local transportation departments. Earmarks funds for FY2006-FY2009.
 
Earmarks funds: (1) to purchase promotional items of nominal value for use in personnel recruitment and to promote programs of the FHA; (2) for FY2006-FY2007 for a demonstration at the University of Maine of the durability and potential efficacy of wood composite materials in multimodal transportation facilities (with a 100% federal share); (3) for FY2006 for asphalt and asphalt-related reclamation research at the South Dakota School of Mines; and (4) for FY2006-FY2009 for further development and deployment of techniques to prevent and mitigate alkali silica reactivity.
 
Makes funds available for FY2006-FY2009 for physical demonstrations of the ongoing work at the Turner-Fairbanks facility with respect to ultrahigh performance concrete with ductility.
 
(Sec. 5204) Modifies general course requirements for the training and education components offered by the National Highway Institute. Earmarks funds for FY2005-FY2009.
 
Modifies the Local Technical Assistance Program to require it to provide access to surface transportation technology to infrastructure security staff. Sets the federal share of the cost of tribal technical assistance center activities at 100%.
 
Directs the Secretary to establish the Garrett A. Morgan Technology and Transportation Education Program, including a transportation education development pilot program. Earmarks funds through FY2009.
 
Authorizes federal and state funding for surface transportation workforce development, training, and education.
 
Amends TEA-21 to require the Secretary to continue: (1) to carry out studies regarding the properties of asphalts and modified asphalts for the NHS; and (2) development and deployment through the New Jersey Institute of Technology to MPOs of the Transportation Economic and Land Use System. Earmarks funds for FY2005-FY2009.
 
Directs the Secretary to establish a freight planning capacity building initiative to support enhancements in freight transportation planning. States that the federal share of costs shall be up to 100%. Earmarks funds for FY2006-FY2009. 
 
Earmarks funds for FY2005-FY2009 for the Eisenhower Transportation Fellowship Program.
 
(Sec. 5206) Revises the International Highway Transportation Outreach Program to require the Secretary to report to Congress the destinations and individual trip costs of international travel conducted in carrying out program activities. Earmarks funds for FY2005-FY2009. 
 
(Sec. 5207) Modifies the surface transportation-environmental cooperative research program to authorize the Secretary to make grants to, and enter into cooperative agreements with, the National Academy of Sciences to carry out research, technology, and technology transfer activities. Earmarks funds for FY2006-FY2009.
 
(Sec. 5208) Amends federal highway law relating to transportation research and development strategic planning. Revises requirements for the Secretary's five-year transportation R&D strategic plan to guide federal transportation research and development activities. Repeals the specific mandate for an integrated surface transportation research and technology development strategic plan.
 
(Sec. 5209) Directs the Secretary to: (1) establish and support a national cooperative freight transportation research program; and (2) establish and implement the future strategic highway research program. Earmarks funds for FY2006-FY2009.
 
(Sec. 5211) Directs the Secretary to make grants to states to continue ITS management and operations in the Interstate Route 95 corridor coalition region initiated under ISTEA.
 

Subtitle C: Intelligent Transportation System Research - 
(Sec. 5301) Directs the Secretary to develop a five-year National ITS program plan that specifies goals and objectives for the research and deployment of ITS in the context of major and smaller metropolitan areas, rural areas, and commercial vehicle operations.
 
(Sec. 5302) Earmarks funds for each fiscal year for ITS outreach, public relations, displays, tours, and brochures.
 
(Sec. 5303) Requires funds made available under this subtitle for operational tests to l be used primarily for the development of ITS infrastructure. Declares that such funds, to the maximum extent practicable, shall not be used for the construction of physical highway and public transportation infrastructure unless the construction is incidental and critically necessary to the implementation of an ITS project.
 
 
(Sec. 5305) Directs the Secretary to conduct an ongoing ITS program to research, develop, and operationally test ITS, and provide technical assistance in the nationwide application of ITS as a component of U.S. surface transportation systems.
 
Directs the Secretary to: (1) maintain a repository (clearinghouse) for technical and safety data collected as a result of federally sponsored projects; and (2) establish an Advisory Committee.
 
(Sec. 5306) Directs the Secretary to carry out a comprehensive program of ITS research, development, and operational tests of intelligent vehicles and intelligent infrastructure systems.
 
(Sec. 5307) Directs the Secretary to develop a national architecture and supporting standards and protocols to promote the widespread use and evaluation of ITS technology. Authorizes development of provisional standards, until final standards are adopted, in order to achieve specified objectives in a timely fashion.
 
 
(Sec. 5308) Directs the Secretary to establish a road weather R&D program to enhance the development and use of road weather information and technologies. Earmarks funds for FY2006-FY2009.
 
(Sec. 5309) Directs the Secretary to establish four centers for surface transportation excellence in the areas of environment, surface transportation safety, rural safety, and project finance. Earmarks funds for FY2006-FY2009.
 

Subtitle D: University Transportation Research; Scholarship Opportunities - 
(Sec. 5401) Amends federal transportation law to eliminate the limitation to one national university transportation research center in each of the 10 federal regions that constitute the Standard Federal Regional Boundary System. (Thus allows the Secretary to make any number of such grants to eligible nonprofit institutions of higher education).
 
Requires each such center to advance significantly transportation research on critical national transportation issues and to expand the transportation professionals workforce.
 
Requires the Secretary to make grants of $2 million in FY2005 and $3.5 million in each of FY 2006-FY2009. Earmarks funds for FY2005-FY2009.
 
(Sec. 5402) Replaces the current advanced vehicle technologies program with a program of grants to nonprofit institutions of higher learning to establish and operate university transportation centers, including: (1) ten regional centers; (2) ten Tier I centers; and (3) 22 Tier II centers.
 
 
Earmarks funds for FY2005-FY2009.
 

Subtitle E: Other Programs - 
(Sec. 5501) Directs the Secretary to: (1) fund and carry out a project to further the development of a comprehensive transportation safety information management system (TSIMS); and (2) establish a surface transportation congestion solutions research initiative to assist state transportation departments and MPOs to address surface transportation congestion problems. Earmarks funds for FY2006-FY2009, except for the TSIMS project, for which funds are provided only for FY2006 and FY2007.
 
 
(Sec. 5503) Directs the Secretary to study and report to Congress on: (1) inefficiencies in freight transportation; (2) the safety, productivity, and reduced cost improvements that may be achieved through the use of wireless technologies to address those inefficiencies; and (3) field tests demonstrating such technologies. Earmarks funds for FY2006-FY2009.
 
 
(Sec. 5504) Directs the Secretary to establish a Center for Transportation Advancement and Regional Development to assist the development of rural and small metropolitan transportation systems. Earmarks funds for FY2006-FY2009.
 
 
(Sec. 5505) Authorizes the Secretary to establish and implement a scholarship program to attract qualified students for transportation-related critical jobs.
 
(Sec. 5506) Directs the Secretary to: (1) establish a program to validate commercial remote sensing products and spatial information technologies for application to national transportation infrastructure development and construction; (2) establish a national policy for the use of such products and technologies in national transportation infrastructure development and construction; and (3) develop new applications of such products and technologies to implement such policy. Earmarks funds for FY2006-FY2009. 
 
 
(Sec. 5507) Directs the Secretary to study and report to Congress on the feasibility of installing fiber optic cabling and wireless communication infrastructure along multistate Interstate System route corridors for improved communications services to rural communities. Earmarks funds for FY2006-FY2007.
 
(Sec. 5508) Amends TEA-21 to revise transportation technology innovation and demonstration program requirements, especially for intelligent transportation infrastructure (ITI). Splits the ITI program into two parts. Requires the Secretary: (1) in part I of the program to permit the original contractor to use uncommitted funds to deploy ITI systems in any specified deployment areas (currently, only in Pennsylvania), with the consent of the state transportation department; and (2) in part II of the program to award, on a competitive basis, contracts for the deployment of ITI systems in congested areas (metropolitan areas experiencing significant traffic congestion), again with state transportation department consent.
 
Declares that ITS projects under the program that involve privately owned ITS components, and carried out using HTF funds, shall not be subject to any state or local law prohibiting or regulating commercial activities in the rights-of-way of a highway for which federal-aid highway funds have been used for planning, design, construction, or maintenance, if the Secretary determines that such use is in the public interest. Authorizes appropriations for FY2005-FY2009.
 
(Sec. 5511) Requires the Secretary to provide grants to the Oklahoma Transportation Center for a comprehensive, in-depth motorcycle crash causation study that employs the common international methodology for in-depth motorcycle accident investigation of the Organization for Economic Cooperation and Development (OECD). Earmarks funds for FY2006 and F2007.
 
(Sec. 5512) Directs the Secretary to accelerate deployment of the Transportation Analysis Simulation System (TRANSIMS) developed by the Los Alamos National Laboratory. Earmarks funds for FY2006-FY2009.
 
(Sec. 5513) Directs the Secretary to make a grant to carry out a demonstration project that uses a thermal imaging inspection system (TIIS) that provides the capability to identify, in real time, faults and failures in tires, brakes, and bearings mounted on commercial motor vehicles. Earmarks funds for FY2006.
 
Directs the Secretary to make specified grants. Earmarks funds for them for FY2006-FY2009.
 
(Sec. 5514) Directs the Secretary to ensure that states provide for competition with respect to the specification of alternative types of culvert pipes through requirements commensurate with competition requirements for other construction materials.
 

Subtitle F: Bureau of Transportation Statistics - 
(Sec. 5601) Revises requirements for the Bureau of Transportation Statistics. Modifies the responsibilities of the Director.
 
Makes the Director responsible for building and disseminating the transportation layer of the National Spatial Data Infrastructure.
 
Directs the Secretary to arrange with the National Research Council to develop and publish a National Transportation Information Needs Assessment.
 
Sets forth fines for the failure or refusal of certain persons to answer questions or make records or statistics about collected freight data available upon request to the Director or other authorized Bureau staff or contractor.
 
Sets forth limits on the use of reports of the Bureau of Transportation Statistics.
 
Establishes an Advisory Council on Transportation Statistics to advise the Director.
 

Title VI: Transportation Planning and Project Delivery - 
(Sec. 6001) Amends federal highway law to revise metropolitan planning requirements to require MPOs to develop long-range transportation plans and transportation improvement programs (Tips) for metropolitan planning areas (MPAs) of the state.
 
Requires the designation of a MPO for each urbanized area with a population of more than 50,000 individuals: (1) by agreement between the Governor and units of general purpose local government that together represent at least 75% of the affected population (including the largest incorporated city as named by the Bureau of the Census); or (2) in accordance with procedures under state or local law.
 
Requires an MPO and the state Governor to determine the boundaries of an MPA. Allows retention of the boundaries of an MPA designated under the Clean Air Act as a nonattainment area for ozone or carbon monoxide.
 
Grants the consent of Congress to: (1) any two or more states to enter into agreements or compacts for cooperative efforts and mutual assistance in support of pertinent activities, and to establish agencies, joint or otherwise, for making the agreements and compacts effective; and (2) the states of California and Nevada to designate an MPO for the Lake Tahoe region.
 
Requires each MPO to: (1) prepare and update quadrennially a transportation plan for its MPA in accordance with specified requirements; and (2) develop and update quadrennially a TIP for its MPA.
 
Directs the Secretary to identify as a transportation management area (TMA) each urbanized area with a population of over 200,000 individuals.
 
Declares that projects, carried out within the boundaries of an MPA serving a TMA, on the NHS, and projects carried out within such boundaries under the bridge program or the Interstate maintenance program, shall be selected for implementation from the approved TIP by the State in cooperation with the designated MPA.
 
Directs each state to develop a statewide transportation plan and a statewide TIP for all areas subject to this Act, in coordination with other related transportation planning activities. Grants the consent of Congress to any two or more states to enter into agreements or compacts for cooperative efforts and mutual assistance in support of such activities, and to establish authorities for making the agreements and compacts effective.
 
Requires each state to develop: (1) a long-range statewide transportation plan, with a minimum 20-year forecast period for all areas of the state, that provides for the development and implementation of the state's intermodal transportation system; and (2) a statewide TIP, which shall be updated quadrennially.
 
(Sec. 6002) Sets forth procedural guidelines for project developments that require an environmental impact statement under the National Environmental Policy Act of 1969 (NEPA).
 
Declares DOT as the federal lead agency in an environmental review process for a project.
 
Designates as joint lead sponsor with DOT, for purposes of preparing any environmental document under NEPA, any project sponsor that is a either a state or local governmental recipient of federal-aid highway funds or federal mass transportation funds. 
 
Requires the lead agency to establish a plan coordinating public and agency participation in and comment on the environmental review process for a project.
 
Declares that nothing in this section shall affect the reviewability of any final federal agency action in a U.S. court or state court.
 
Repeals certain environmental streamlining requirements under TEA-21.
 
(Sec. 6003) Establishes a pilot program under which up to five states may assume the Secretary's responsibilities for environmental reviews, consultation, or decisionmaking or other actions required under federal law with respect to recreational trails program projects and certain transportation enhancement activities.
 
(Sec. 6004) Authorizes the Secretary to assign a state, under a memorandum of understanding, the responsibility for determining whether certain designated activities are categorically excluded from administrative requirements for environmental assessments.
 
 
(Sec. 6005) Directs the Secretary to carry out a surface transportation project delivery pilot program with up to five participating states, under which the Secretary may assign to a state specified responsibilities for environmental review or other action required under federal environmental law pertaining to the review or approval of a specific project.
 
(Sec. 6006) Includes among eligible NHS projects: (1) environmental restoration and pollution abatement; (2) establishment of plants to perform abatement of stormwater runoff, stabilization of soil, and/or aesthetic enhancement; and (3) management of plants which impair or impede the establishment, maintenance, or safe use of a transportation system.
 
Allows environmental restoration and pollution abatement to minimize or mitigate the impacts of specified transportation projects to address water pollution or environmental degradation caused wholly or partially by a transportation facility.
 
Makes funds available to control noxious weeds and aquatic noxious weeds and to establish native species, if such efforts are related to federally-funded transportation projects.
 
 
(Sec. 6007) Exempts the Interstate System from being considered a historic site under federal transportation law, regardless of whether the System or portions of it are eligible for or listed upon the National Register of Historic Places.
 
(Sec. 6008) Requires the Secretary when developing design criteria for new construction, reconstruction, resurfacing, restoration, or rehabilitation of a NHS highway to consider the publications: (1) &quot;Flexibility in Highway Design&quot; of the FHA; (2) &quot;Eight Characteristics of Process to Yield Excellence and the Seven Qualities of Excellence in Transportation Design&quot; developed by the 1998 conference entitled &quot;Thinking Beyond the Pavement National Workshop on Integrating Highway Development with Communities and the Environment while Maintaining Safety and Performance&quot;; and (3) any other material that the Secretary determines appropriate.
 
(Sec. 6009) Deems certain requirements calling for the preservation of parks, recreation areas, wildlife and waterfowl refuges, and historic sites with respect to the development of transportation plans and programs to be satisfied with respect to those areas if the Secretary determines, based on specified criteria, that the transportation program or project will have a de minimis impact on the areas.
 
 
Directs the Secretary to study the implementation of these requirements and commission an independent review of the study plan and methodology, and any associated conclusions, by the Transportation Research Board of the National Academy of Sciences.
 
(Sec. 6010) Directs the Secretary to establish categorical exclusions from environmental assessment requirements for activities that support the deployment of ITS.
 
Requires the Secretary to develop a nationwide programmatic agreement governing the review of activities that support the deployment of ITS and how such activities may affect historic sites listed in the National Register.
 
(Sec. 6011) Amends the Clean Air Act to change requirements for the frequency of updates to metropolitan transportation plans. Changes the minimum frequency with which transportation conformity must be demonstrated to every four years. Revises the conformity horizon for transportation plans.
 
Permits transportation control measures (TCMs) specified in a state implementation plan for national primary and secondary ambient air quality standards to be replaced or added to the plan with alternate or additional TCMs if the substitute measures achieve equivalent or greater emissions reductions, and certain other requirements are met.
 
(Sec. 6012) Amends TEA-21 to direct the Administrator of the EPA to: (1) study the ability of monitors to differentiate particulate matter larger than 2.5 micrometers in diameter (coarse particulate matter); (2) develop a method to measure directly the amount and composition of such matter; and (3) report to Congress.
 
(Sec. 6013) Requires the EPA Administrator to promulgate regulations for the review and handling of air quality monitoring data influenced by exceptional events.
 
(Sec. 6014) Directs the President to conduct a review of federal procurement policy of recycled coolant.
 
(Sec. 6015) Directs the Administrator of the EPA to establish a program for awarding competitive grants to state governmental entities, contracting entities, or nonprofit school transportation associations for the replacement, retrofit of, or purchase of alternative fuels for, certain existing school buses. Authorizes the Administrator of the EPA to award 50% grants for replacement of school buses with clean school buses (powered by a heavy duty engine operating solely on an alternative fuel or ultra-low sulfur diesel fuel). Requires the Administrator of the EPA to achieve nationwide deployment of clean school buses. Authorizes appropriations for FY2006-2010.
 
(Sec. 6016) Designates the city of Norman, Oklahoma, as part of the Oklahoma City urbanized area for purposes of allocating federal-aid highway program funds.
 
(Sec. 6017) Amends the Solid Waste Disposal Act to direct the Administrator of the EPA and each agency head to implement fully all procurement requirements and incentives, including federal procurement guidelines, that provide for the use of cement and concrete incorporating recovered mineral component in cement or concrete projects.
 
Requires each agency head to give priority to achieving greater use of recovered mineral component in cement or concrete projects.
 
Directs the Administrator of the EPA to study and report to Congress on the extent to which current procurement requirements may realize energy savings and environmental benefits attainable with substitution of recovered mineral component in cement used in cement or concrete projects.
 
(Sec. 6018) Directs the Administrator of the EPA to establish criteria for the safe and environmentally protective use of granular mine tailings (&quot;chat&quot;) from the Tar Creek, Oklahoma, Mining District, for: (1) cement or concrete projects; and (2) transportation construction projects (including those involving the use of asphalt) carried out using federal funds.
 

 Title VII: Hazardous Materials Transportation - 
Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005
 - Subtitle A: General Authorities on Transportation of Hazardous Materials -
 (Sec. 7103) Expands the scope of federal safe transportation of hazardous materials (hazmat) regulations to include persons who: (1) design or inspect a packaging or packaging component represented as qualified for use in transporting hazardous material in commerce; (2) prepare or accept hazardous material for transportation in commerce; (3) are responsible for the safety of transporting it; (4) certify compliance with any requirement under such regulations; or (4) misrepresent whether they are engaged in such activities. 
 
(Sec. 7104) Directs the Secretary of Health and Human Services to recommend to the Secretary any chemical or biological material or agent for regulation as a hazardous material if such material or agent poses a significant risk to the health of individuals. 
 
(Sec. 7105) Requires the Director of the Transportation Security Administration (TSA) to: (1) develop a process to notify an employer if an applicant fails to meet specified standards; and (2) report to Congress on the implementation of fingerprint-based security threat assessments and the adequacy of fingerprinting locations, personnel, and resources to accomplish timely processing of such assessments for individuals holding CDLs who are applying to renew hazmat endorsements.
 
Requires a state with standards for applicants for a hazmat endorsement to a CDL to provide an appeal process for applicants that have been denied such an endorsement.
 
Prohibits the operator of a commercial motor vehicle licensed in Mexico or Canada from operating in the United States a commercial motor vehicle transporting hazardous material until the operator has undergone a background records check.
 
(Sec. 7109) Authorizes the Secretary to require persons who design or inspect a package or packaging component represented as qualified for use in transporting hazardous material in commerce to file a registration statement with the Secretary. Prohibits such persons from designing or inspecting such package or packaging component if such statement is not filed. Requires the Secretary to establish, impose, and collect a filing fee from such persons. Reduces such filing fee from a maximum amount of $5,000 to $3,000.
 
(Sec. 7110) Requires the person who provides a hazmat transportation shipping paper to retain it, or an electronic format of it, for two years after it is provided to the carrier, with the paper and format accessible through the shipper's principal places of business.
 
 (Sec. 7111) Repeals the condition that rail tank cars built before January 1, 1971, may be used to transport hazardous material in commerce only if the air brake equipment support attachments of the car comply with specified standards.
 
(Sec. 7112) Subjects to certain civil and criminal penalties owners and operators transporting hazardous materials who operate in interstate commerce despite being determined unfit to so operate.
 
(Sec. 7113) Revises requirements relating to: (1) the training curriculum for public sector hazmat emergency response and preparedness teams; (2) naming of a certain account for making planning and training grants as the Hazardous Materials Emergency Preparedness Fund; (3) special hazmat transportation variance permits; (4) uniform forms and procedures for state registration and permits for hazmat transportation; (5) hazmat transportation safety and security; (6) enforcement and increased civil and criminal penalties; (7) preemption of state law; and (8) U.S. Court of appeals review of final DOT actions relating to hazmat transportation that adversely affect a person.
 
(Sec. 7125) Authorizes appropriations for FY2005-2009 for implementation of federal safe hazmat transportation regulations.
 
Authorizes appropriations for FY2005-FY2008 for: (1) the Hazardous Materials Emergency Preparedness Fund; and (2) hazmat training grants. 
 Authorizes appropriations for DOT for issuance of hazmat licenses.
 
(Sec. 7127) Amends federal criminal law to exempt from certain federal crimes regarding the importation, manufacture, distribution, and storage of explosive materials aspects of the transportation of explosive materials via railroad, water, highway, or air that pertain to safety (including security), and are regulated by the DOT or the Department of Homeland Security.
 
(Sec. 7129) Exempts from certain DOT hazmat transportation plan requirements surface transportation activities of a farmer that are in direct support of farming operations and conducted within a 150-mile radius of such operations.
 
(Sec. 7130) Directs the Comptroller General to review and report to Congress on existing options and determine additional options for discovering the amount of undeclared hazmat shipments entering the United States.
 
(Sec. 7131) Directs the Administrator of the Pipeline and Hazardous Materials Safety Administration to contract with the National Academy of Sciences to carry out the nine research projects called for in the 2005 Special Report 283 of the Transportation Research Board entitled &quot;Cooperative Research for Hazardous Materials Transportation: Defining the Need, Converging on Solutions.&quot; Directs the Secretary to report to Congress on the need to establish a cooperative research program on hazmat transportation. Earmarks funds for FY2006-FY2009.
 
(Sec. 7132) Requires the Secretary to provide funding to the Operation Respond Institute to design, build, and operate a seamless first responder hazmat incident detection, preparedness, and response system. Requires the system to include an expansion of the Operation Respond Emergency Information System (OREIS).
 
Authorizes appropriations for FY2005-FY2008.
 
(Sec. 7133) Directs the Secretary to study and report to Congress on the economic, environmental, and homeland security advantages and disadvantages of operating a common carrier pipeline system in the states of Texas, Louisiana, Mississippi, and Alabama for the transportation of aromatic chemicals.
 
 

Subtitle B: Sanitary Food Transportation - 
Sanitary Food Transportation Act of 2005 - (Sec. 7202) Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary of Health and Human Services to require shippers, motor vehicle or rail vehicle carriers, receivers, and other persons engaged in the transportation of food to use sanitary transportation practices prescribed by the Secretary of Health and Human Services to avoid adulteration.
 
(Sec. 7203) Revises sanitary food transportation requirements. Requires the Secretary to: (1) establish procedures for transportation safety inspections in order to identify suspected incidents of contamination or adulteration of food, carcass, meat, and poultry products; and (2) develop and carry out a program to train inspectors, and DOT, state, and certain other personnel in the recognition of adulteration problems associated with the transportation of cosmetics, devices, drugs, food, and food additives, including procedures for obtaining assistance of federal and state agencies to support the enforcement.
 
Requires the Secretary to notify the Secretary of Health and Human Services or the Secretary of Agriculture, as applicable, of any instances of potential food contamination or adulteration of food identified during transportation safety inspections.
 

Subtitle C: Research and Innovative Technology Administration - 
(Sec. 7301) Authorizes the Administrator of the Food and Drug Administration (FDA) to enter into grants and cooperative agreements with federal, state, and local agencies, other public entities, private organizations, and other persons to conduct research into transportation service and infrastructure assurance and carry out other FDA research activities.
 

Title VIII: Transportation Discretionary Spending Guarantee - 
(Sec. 8001) Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to set forth discretionary spending for certain budget accounts under the highway and mass transit categories for FY2005-FY2009.
 
 
(Sec. 8002) Makes specified adjustments to align highway spending with revenues. Sets forth an estimated level of highway receipts for FY2005-FY2009. Requires the budgets submitted to Congress by the President for FY2007-FY2010 to include certain adjustments to the limits on outlays for the highway and the mass transit category as calculated by the Office of Management and Budget (OMB).
 
(Sec. 8003) Sets forth obligation limitations for FY2005-FY2009 for the highway and the mass transit category. 
 
(Sec. 8005) States that, for purposes of a specified House rule, it shall be in order to transfer funds from the FTA's administrative expenses account to other specified mass transit budget accounts under the Gramm-Rudman-Hollings Act. 
 
 
 
Title IX: Rail Transportation -
 (Sec. 9001) Amends federal transportation law governing high-speed rail corridor development to make eligible for federal financial assistance any corridor planning activity that involves the acquisition of locomotives, rolling stock, track, and signal equipment. Authorizes appropriations for high-speed rail assistance for FY2006-FY2013. 
 
(Sec. 9002) Directs the Secretary to carry out a grant program to provide financial assistance to states for the cost of local rail line relocation and improvement projects. Authorizes appropriations for FY2006-FY2009.
 
(Sec. 9003) Amends the Railroad Revitalization and Regulatory Reform Act of 1976 to require the Secretary (who is currently authorized) to provide direct loans and loan guarantees for railroad rehabilitation projects to: (1) interstate compacts consented to by Congress; and (2) limited option rail freight shippers that own or operate a plant or other facility served by no more than a single railroad, but only to construct a rail connection between a plant and a second rail carrier.
 
Requires the Secretary, among existing priorities for granting such direct loans or guaranteed loans, to include projects that: (1) enhance service and capacity in the national rail system; or (2) would materially alleviate rail capacity problems which degrade the provision of service to shippers, and would fulfill a need in the national transportation system. 
 
Increases: (1) from $3.5 billion to $35 billion the aggregate unpaid principal amounts of obligations under such direct loans and loan guarantees; and (2) from at least $1 billion to at least $7 billion the portion of that amount available solely for projects primarily benefiting freight railroads other than Class I carriers. Requires the Secretary to approve or disapprove an application for a direct loan or loan guarantee within 90 days after receiving the application.
 
(Sec. 9004) Directs the Secretary to study and report to Congress on the impact of blocked highway-railroad grade crossings on the ability of emergency responders to perform public safety and security duties.
 
(Sec. 9005) Amends federal transportation law to direct the Federal Railroad Administration (FRA) to: (1) require each track owner using continuous welded rail (CWR) track to include in the plan filed with the FRA procedures to improve the identification of cracks in rail joint bars; (2) require FRA track inspectors to use a railroad's most recent CWR programs when conducting track inspections; and (3) establish a program to review periodically CWR joint bar inspection data from railroads and FRA track inspectors.
 
Directs the FRA to: (1) validate a predictive model to quantify the relevant dynamic forces acting on railroad tank cars under accident conditions; and (2) initiate a rulemaking to develop and implement appropriate design standards for pressurized tank cars.
 
Requires the FRA to: (1) conduct a comprehensive analysis to determine the impact resistance of the steels in the shells of pressure tank cars constructed before 1989; and (2) report to Congress, including any recommendations for reducing any risk of catastrophic fracture and separation of such cars.
 
(Sec. 9006) Directs the Secretary to make grants to the Alaska Railroad for capital rehabilitation and improvements benefiting its passenger operations. Authorizes appropriations.
 
(Sec. 9007) Directs the Secretary to enter into an arrangement with the Transportation Research Board of the National Academy of Sciences to conduct a study, and report the results to Congress, of the Nation's railroad transportation system since the enactment of the Staggers Rail Act of 1980. Authorizes appropriations for FY2006 and FY2007.
 
(Sec. 9008) Transfers to the Maritime Administration any funds for an intermodal or marine facility constituting a component of the Hawaii Port Infrastructure Expansion Program. Makes such facilities eligible: (1) for funding for capital projects for buses and bus-related equipment and facilities; and (2) to be an intermodal surface freight transfer facility. Authorizes appropriations.
 

Title X: Miscellaneous Provisions - Subtitle A: Sportfishing and Recreational Boating Safety - 
Sportfishing and Recreational Boating Safety Act of 2005 - 
Chapter 1: Dingell-Johnson Sport Fish Restoration Act Amendments
 - (Sec. 10112) Amends the Dingell-Johnson Sport Fish Restoration Act to make appropriations from the Sport Fish Restoration and Boating Trust Fund (previously the Sport Fish Restoration Account) for each fiscal year available during all succeeding fiscal years. (Currently, such appropriations are available only for the immediately succeeding fiscal year.) 
 
(Sec. 10113) Specifies percentages of the balance of annual FY2006-FY2009 appropriations remaining after certain expenditures which shall be distributed for: (1) coastal wetlands; (2) boating safety; (3) certain waste water treatment projects under the Clean Vessel Act of 1992; (4) boating infrastructure project grants for facilities for transient nontrailerable recreational vessels; and (5) the National Outreach and Communications Program. Transfers certain unobligated funds to the Secretary of the department in which the Coast Guard is operating for state recreational boating safety programs.
 
 
(Sec. 10118) Earmarks $3 million from the Fund for FY2006-FY2009 for sport fish restoration projects under the multistate conservation grant program.
 
(Sec. 10119) Sets forth certain expenditures from the Boating Safety Account for FY2006-FY2010.
 
 

Chapter 2: Clean Vessel Act Amendments
 - (Sec. 10131) Amends the Clean Vessel Act of 1992 to eliminate the requirement that the Secretary of the Interior give priority consideration to grant applications that in coastal states propose constructing and renovating pumpout stations and waste reception facilities in accordance with a coastal state's plan under the Clean Vessel Act of 1992.
 

 Chapter 3: Recreational Boating Safety Program Amendments
 - (Sec. 10141) Renames the Boat Safety Account the Sport Fish Restoration and Boating Trust Fund.
 
(Sec. 10142) Increases from two to three years the period of an allocation to a state for its recreational boating safety program.
 
(Sec. 10143) Increases the allocation of certain funds available for payment of expenses of the Coast Guard for personnel and activities directly related to coordinating and carrying out the national recreational boating safety program.
 

Subtitle B: Other Miscellaneous Provisions - 
(Sec. 10201) Directs the Secretary to notify each state awarded a grant or federal funds of requirements calling for the participation of small business concerns.
 
(Sec. 10202) Directs the Secretary, the Secretary of Health and Human Services, and the Secretary of Homeland Security, acting through the Under Secretary for Emergency Preparedness and Response, to establish a Federal Interagency Committee on Emergency Medical Services in order to: (1) ensure coordination among the federal agencies involved with state, local, tribal, or regional emergency medical services and 9-1-1 systems; and (2) recommend new or expanded programs (including grant programs) for improving such services and implementing improved emergency medical services communications technologies, including wireless 9-1-1.
 
(Sec. 10203) Amends the Small Business Act regarding historically underutilized business zones (HUBzones) to extend the definition of a qualified nonmetropolitan county in which a HUBzone may be located to one containing a difficult development area, as designated by the Secretary of Housing and Urban Development, within Alaska, Hawaii, or any territory or possession of the United States outside the 48 contiguous States.
 
(Sec. 10204) Directs the Secretary and the Secretary of Homeland Security, in coordination with the Gulf Coast and contiguous states, jointly to review, assess, and report to Congress on federal and state evacuation plans for catastrophic hurricanes impacting the Gulf Coast Region.
 
(Sec. 10205) Transfers to the Administrator of the Maritime Administration any federal and nonfederal funds for an intermodal transportation maritime facility at the Port of Anchorage, Alaska (or for access to such facility).
 
(Sec. 10206) Sets forth certain eligibility requirements for a community to participate in the western Alaska community development quota program.
 
(Sec. 10207) Authorizes appropriations for FY2006-FY2010 for specified rail rehabilitation and bridge repair projects in Alabama.
 
(Sec. 10208) Amends federal transportation law to provide that a motor vehicle owner that rents or leases the vehicle to a person shall not be liable under state law for harm to persons or property that results or arises out of the vehicle's use during the rental or lease period if: (1) the owner is engaged in the trade or business of renting or leasing motor vehicles; and (2) there is no negligence or criminal wrongdoing on the owner's part.
 
(Sec. 10209) Directs the Commandant of the Coast Guard, in order to provide for both safety of commercial and military aviation operations and the support of resource management in the remote Pacific, to develop a memorandum of understanding and make grants to provide for the operation, maintenance, development, of the Midway Airport, and the rightsizing of necessary infrastructure and support facilities.
 
(Sec. 10210) Directs the Secretary to establish a demonstration initiative using digital simulation to plan, design, and construct various transportation projects related to the DestiNY USA project, New York, New York.
 
(Sec. 10211) Authorizes the Administrator of the EPA to treat an Indian tribe in Oklahoma as a state for purposes of the administration of environmental programs, provided certain requirements are met.
 
 
(Sec. 10212) Rescinds a specified amount of unobligated balances of funds apportioned before September 30, 2009, to states for the Interstate maintenance, national highway system, bridge, congestion mitigation and air quality improvement, surface transportation (other than the STP set-aside programs), metropolitan planning, minimum guarantee, Appalachian development highway system, recreational trails, safe routes to school, freight intermodal connectors, coordinated border infrastructure, high risk rural road, and highway safety improvement programs.
 
(Sec. 10213) Repeals the requirement that the Secretary of the Interior take into trust for the Tribe's benefit any land the Shawnee Tribe, Cherokee Nation, or any other Indian Tribe transfers to the Secretary within the state boundaries of Oklahoma.
 

Subtitle C: Specific Vehicle Safety-Related Rulings - 
(Sec. 10301) Directs the Secretary to initiate rulemaking to establish performance criteria and standards to: (1) reduce the occurrence of rollovers of vehicles weighing up to 1,000 pounds; (2) reduce ejections of vehicle occupants from outboard seating positions; and (3) upgrade certain federal standards relating to door locks, door retention, and roof strength for driver and passenger sides.
 
 
(Sec. 10302) Directs the Secretary to complete a rulemaking proceeding to establish a standard to enhance passenger motor vehicle occupant protection (in all seating positions) in side impact crashes.
 
(Sec. 10303) Directs the Secretary to report to Congress on research on tire aging.
 
(Sec. 10304) Directs the NHTSA Administrator to study and report to Congress on effective methods (vehicle backover avoidance technology) for reducing the incidence of injury and death outside of parked passenger motor vehicles weighing up to 1,000 pounds attributable to movement of such vehicles.
 
 
(Sec. 10305) Directs NHTSA to establish a method to collect and maintain data on the number and types of injuries and deaths involving such motor vehicles in non-traffic incidents.
 
(Sec. 10306) Directs the Secretary to review safety belt use technologies to consider possible revisions in strategies for achieving further gains in safety belt use.
 
(Sec. 10307) Amends the Automobile Information Disclosure Act to require manufacturers to include government safety rating information on new automobile labels, or to note the absence of such a test or rating.
 
Authorizes appropriations for FY2006-FY2010 to accelerate the testing processes and increasing the number of vehicles tested under the NHTSA New Car Assessment Program.
 
(Sec. 10308) Requires the Secretary to upgrade Federal Motor Vehicle Safety Standard 118 to require that power windows in motor vehicles weighing up to 1,000 pounds have switches that raise the window only when the switch is pulled up or out.
 
 
(Sec. 10309) Directs the Secretary to require the testing of 15-passenger vans as part of the rollover resistance program of the NHTSA New Car Assessment Program. Prohibits a school or school system from purchasing or leasing new 15-passenger vans that do not comply with motor vehicle safety standards prescribed for school buses and multifunction school activity buses. Sets forth penalties for violations of such requirements.
 
 
(Sec. 10310) Authorizes appropriations for FY2006-FY2009 for certain motor vehicle and driver programs.
 

Title XI: Highway Reauthorization and Excise Tax Simplification - Subtitle A: Trust Fund Reauthorization
 - (Sec. 1101) (sic) Amends the Internal Revenue Code to extend through FY2011: (1) the 7.3 cents per gallon tax rate on fuel for certain buses; (2) the increased tax rate for special motor fuels; (3) the increased tax rate for methanol or ethanol fuel; (4) the excise tax on heavy trucks and trailers sold at retail; (5) the excise tax on tires; (6) the increased tax rate for gasoline, diesel fuel, and kerosene; (7) the highway motor vehicle use tax; (8) the period for floor stock refunds for taxes on tires and certain taxable fuels; (9) the exemption from tax for certain tax-free sales and for use of certain heavy vehicles; and (10) authority for certain tax transfers to and expenditures from the Highway Trust Fund.
 
Extends through FY2009 expenditure authority for the Highway Trust Fund and Aquatic Resources Trust Fund.
 
(Sec. 1102) Extends from 24 to 48 months the period for estimating net highway tax receipts for purposes of adjusting apportionments to states for federal highway-aid programs.
 

Subtitle B: Excise Tax Reform and Simplification - Part 1: Highway Excise Taxes - 
(Sec. 1111) Exempts limousines with a gross vehicle weight greater than 6,000 pounds from the gas guzzler excise tax.
 
(Sec. 1112) Exempts from the excise tax on heavy trucks and trailers sold at retail certain tractors weighing 19,500 pounds or less (33,000 pounds or less if combined with a trailer or semitrailer).
 
(Sec. 1113) Imposes a tax of 24.3 cents per gallon on liquefied natural gas, any liquid fuel derived from coal, and liquid hydrocarbons derived from biomass and a tax of 18.3 cents per gallon on compressed natural gas.
 
Allows an excise tax credit for alternative fuels and fuel mixtures sold for use as fuel in a highway vehicle. Terminates such credit after FY2009 (FY2014 for any sale or use involving liquefied hydrogen). Requires taxpayers to register with the Secretary to be eligible for a tax credit.
 

Part 2: Aquatic Excise Taxes - 
(Sec. 1115) Repeals the authority for transfers to the Boat Safety Account in the Aquatic Resource Trust Fund and phases out transfers to such Account through FY2011.
 
Establishes in the Treasury the Sport Fish Restoration and Boating Trust Fund.
 
(Sec. 1116) Exempts commercial cargo exported from the United States from the harbor maintenance tax.
 
(Sec. 1117) Limits the excise tax on fishing rods or poles to the lesser of 10 percent or $10.
 

Part 3: Aerial Excise Taxes - 
(Sec. 1121) Provides that an aerial applicator of agricultural fertilizer or other substances that is the ultimate purchaser of gasoline used on farms may qualify for an excise tax exemption for such gasoline without the necessity of a waiver by farm owners, operators, or tenants of their right to be treated as users and ultimate purchasers of such gasoline. Includes within such tax exemption gasoline used for the direct flight between the airfield and one or more farms.
 
Exempts fixed-wing aircraft used for forestry purposes from the passenger air transportation tax unless such aircraft uses federally-funded airports and airway services.
 
(Sec. 1122) Expands the definition of rural airports for purposes of the air transportation tax to include an airport that is not connected by paved roads to another airport.
 
(Sec. 1123) Exempts from the air transportation tax: (1) noncommercial transportation by seaplanes that do not use airports receiving assistance from the Airport and Airways Trust Fund; and (2) certain sightseeing aircraft.
 

Part 4: Taxes Relating to Alcohol - 
(Sec. 1125) Repeals the special occupational taxes on producers and marketers of alcoholic beverages and on the nonbeverage or industrial use of distilled spirits. Revises and adds registration, recordkeeping, and inspection requirements for wholesale and retail dealers of distilled spirits.
 
(Sec. 1126) Allows certain wholesalers, distillers, and importers of distilled spirits an income tax credit for the average carrying costs of the excise tax on distilled spirits.
 
(Sec. 1127) Permits taxpayers with distilled spirit tax liabilities of not more than $50,000 to file quarterly tax reports (instead of semimonthly reports).
 

Part 5: Sport Excise Taxes - 
(Sec. 1131) Exempts from the firearms excise tax taxpayers who manufacture, produce, or import less than 50 pistols, revolvers, or firearms annually.
 

Subtitle C: Miscellaneous Provisions - 
(Sec. 1141) Establishes a Motor Vehicle Fuel Tax Enforcement Advisory Commission to assist in the administration of motor vehicle fuel excise taxes. Authorizes the Commission to obtain data directly from any U.S. agency or department. Terminates the Commission on September 30, 2009.
 
(Sec. 1142) Establishes a National Surface Transportation Infrastructure Financing Commission to study the funding of, and alternative approaches to generating revenues for, the Highway Trust Fund. Authorizes the Commission to obtain data directly from any US agency. Directs the Commission to submit a final report to the Secretaries of Transportation, the Treasury, and to specified congressional committees within two years of its first meeting.
 
(Sec. 1143) Authorizes the issuance of tax-exempt facility bonds for qualified highway or qualified surface freight transfer facilities.
 
(Sec. 1144) Directs the Secretary of the Treasury to study the use of highway motor fuel by trucks for non-transportation purposes and to report to Congress on such study by January 1, 2007.
 
(Sec. 1145) Directs the Commissioner of the Internal Revenue Service (IRS) to report to specified congressional committees on the availability of new technologies, including the use of forensic or chemical molecular markers, to enhance collections of diesel fuel excise tax.
 
(Sec. 1146) Permits the tax-free acquisition of a railroad real estate investment trust by a state.
 
(Sec. 1147) Imposes certain limitations on transfers to the Leaking Underground Storage Tank Trust Fund.
 

Subtitle D: Highway-Related Technical Corrections - 
(Sec. 1151) Makes technical or clerical corrections to: (1) the American Jobs Creation Act of 2004 relating to refunds for excise tax on certain alcohol fuels and the termination date for the 21.8-cent per gallon rate for noncommercial aviation jet fuel; (2) the Transportation Equity Act for the 21st Century; and (3) the Energy Tax Incentives Act of 2005.
 

Subtitle E: Preventing Fuel Fraud - 
(Sec. 1161) Revises excise tax rates for kerosene used in commercial and noncommercial aviation.
 
Directs the Secretary to transfer certain tax revenues from aviation fuel from the Highway Trust Fund to the Airport and Airway Trust Fund beginning in FY2006 through FY2011.
 
(Sec. 1162) Repeals provisions authorizing ultimate vendors to file diesel fuel and kerosene refund claims on behalf of farmers.
 
(Sec. 1163) Permits credit card companies registered with the IRS to file fuel excise tax refund claims on behalf of state and local governments.
 
(Sec. 1164) Requires all entities, other than publicly-traded corporations, that are required to register with the Secretary of the Treasury for purposes of the excise tax on taxable fuels to reregister upon a change of ownership. Imposes additional penalties for failure to reregister.
 
(Sec. 1165) Amends the Trade Act of 2002 to require the Secretary of Homeland Security to establish an electronic data interchange system to enable US Customs and Border Protection to electronically transmit to the IRS information on cargoes of any taxable fuels.
 
(Sec. 1166) Requires operators of deep-draft vessels to register with the Secretary for purposes of bulk transfer excise tax exemptions, unless such operators use such vessels exclusively for the entry of taxable fuel.
 
(Sec. 1167) Imposes a $10,000 penalty on any person who knowingly transfers for resale, sells, or holds out for resale diesel fuel that does not comply with Environmental Protection Agency (EPA) low sulfur diesel regulations. Dedicates penalty revenues to the Highway Trust Fund. 

action_date: 2005-08-10
text: 

(This measure has not been amended since the Conference Report was filed in the House on July 28, 2005. The summary of that version is repeated here.)

 
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users or SAFETEA-LU - 
Title I: Federal-Aid Highways - Subtitle A: Authorization of Programs - 
(Sec. 1101) Authorizes appropriations through FY2009 for highway programs out of the Highway Trust Fund (HTF), including: (1) the Interstate maintenance program; (2) the National Highway System (NHS); (3) the bridge program; (4) the surface transportation program; (5) the congestion mitigation and air quality improvement program; (6) the highway safety improvement program; (7) the Appalachian development highway system program; (8) the recreational trails program; (9) the federal lands highways program; (10) the national corridor infrastructure improvement program; (11) the coordinated border infrastructure program; (12) the national scenic byways program; (13) construction of ferry boats and ferry terminal facilities; (14) the Puerto Rico highway program; (15) the projects of national and regional significance program; (16) the high priority projects program; (17) the safe routes to school program; (18) the deployment of magnetic levitation transportation projects; (19) the national corridor planning and development and coordinated border infrastructure programs (FY2005 only); (20) highways for life; and (21) highway use tax evasion projects.
 
Requires that a specified percentage of such funds be expended through small business concerns owned and controlled by socially and economically disadvantaged individuals. 
 
(Sec. 1102) Sets forth ceiling obligations through FY2009 for: (1) federal-aid highway and highway safety construction programs, with specified exceptions; and (2) contract authority for certain transportation research programs. Sets forth certain requirements for distribution (including in certain cases denial of distribution) of the obligation limitation for federal-aid highway amounts for specified federal highway programs, including certain transportation research programs and high priority transportation projects. Provides for the redistribution of any unused obligation limitation on federal-aid highways amounts (including certain authorized funds) to the states. 
 
(Sec. 1103) Authorizes appropriations for FY2005-FY2009 for administrative expenses of the Federal Highway Administration (FHA) and the Appalachian Regional Commission in administering specified federal-aid highway programs. Reauthorizes appropriations for the Alaska Highway through FY2009. Authorizes appropriations for FY2005-FY2009 for the NHS to the Virgin Islands, Guam, American Samoa, and the Commonwealth of Northern Mariana Islands. 
 
Revises the formula for the apportionment of federal-aid highway funds under the Congestion Mitigation and Air Quality (CMAQ) Improvement program for areas designated as a nonattainment or maintenance area for ozone or carbon monoxide.
 
Provides set-asides for FY2005 (including authorization of appropriations from the HTF for FY2006-FY2009) for: (1) Operation Lifesaver; and (2) railway-highway crossing hazard elimination in high speed rail corridors. Sets aside amounts for FY2005-FY2009 for eligible improvements to the Minneapolis/St. Paul-Chicago segment of the Midwest High Speed Rail Corridor. 
 
(Sec. 1104) Revises federal highway funding minimum guarantee provisions to establish the Equity Bonus Program (effectively replacing the Minimum Guarantee Program).
 
Requires the Secretary of Transportation (Secretary), for each of FY2005-FY2009, to allocate among the states amounts sufficient to ensure that no state: (1) receives a percentage of the total apportionments for the fiscal year for specified federal-aid highway programs that is less than a specified formulated percentage; and (2) before making the allocations, receives a combined total of such allocated amounts, apportionments for specified federal-aid highway programs and amounts allocated under this section, that is less than 117% to 121% of the average for FY1998-FY2003 of the annual apportionments for the state for certain federal-aid highway programs.
 
Prohibits metropolitan planning set-aside requirements from applying to such state allocations. Authorizes appropriations from the HTF for FY2005-FY2009. 
 
(Sec. 1105) Extends through October 15 of FY2007 and each fiscal year thereafter requirements for the alignment of highway spending with revenues (Revenue Aligned Budget Authority (RABA)). Prohibits a reduction under RABA or SAFETEA-LU in the amount of sums authorized to carry out each of the federal-aid highway and highway safety construction programs (other than emergency relief and the motor carrier safety grant program) if the balance in the HTF exceeds $6 billion.
 
 (Sec. 1106) Amends federal highway law to extend from 12 to 25 years the length of time after a federal-state agreement during which a highway on the National Highway System designated as a future addition to the Interstate System must meet all Interstate System standards.
 
(Sec. 1107) Directs the Secretary to set-aside for each fiscal year 1.25% (currently, 1%) of federal-aid highway funds for Interstate maintenance, national highway system, surface transportation, congestion mitigation and air quality improvement, and highway bridge replacement and rehabilitation programs to carry out metropolitan planning.
 
(Sec. 1108) Authorizes the transfer of highway and transit project or transportation planning funds to the Secretary. Authorizes the Secretary, at state request, to transfer highway and transit funds allocated to the state to another state, or to the Federal Highway Administration (FHA), to fund one or more eligible transportation projects.
 
Authorizes surface transportation program funds allocated to an urbanized area of a state with a population of over 200,000 to be transferred only if the metropolitan planning organization (MPO) concurs with the transfer request.
 
(Sec. 1109) Directs the Secretary, before apportioning amounts to carry out the recreational trails program, to deduct $840,000 for FY2005-FY2009 for administrative, research, technical assistance, and training expenses for such program. Revises guidelines for permissible uses of funds apportioned for the recreational trails program.
 
(Sec. 1110) Conditions approval of federal-aid highway funds upon installation and maintenance of proper temporary traffic control devices to improve safety in work zones during construction, utility, and maintenance operations. 
 
 (Sec. 1111) Specifies set-asides for FY2005-FY2009 for projects for resurfacing, restoring, rehabilitating, and reconstructing any route or toll road on the Interstate System.
 
(Sec. 1112) Authorizes appropriations for each fiscal year for allocations of emergency relief for the repair of damage to highways, roads, and trails (including Indian reservations) owing to a natural disaster if the total of those allocations in such fiscal year are in excess of $100 million. 
 
(Sec. 1113) Authorizes a state to obligate surface transportation program funds apportioned to it for: (1) capital and operating costs for advanced truck stop electrification systems; and (2) projects relating to intersections that have disproportionately high accident rates, high levels of congestion, and are located on a federal-aid highway.
 
Repeals a safety programs set-aside under the surface transportation program.
 
Extends through FY2009 the requirements of states under the surface transportation program to make a portion of certain funds for urbanized areas with a population of over 200,000 available for federal-aid highways and highway safety construction programs. 
 
(Sec. 1114) Revises requirements for state applications for and approval of assistance for highway bridge replacement or rehabilitation. Authorizes the Secretary to approve federal participation in systematic preventive maintenance on a bridge and the installation of scour countermeasures. Requires the Secretary to determine the eligibility of highway bridges for replacement or rehabilitation for each state based on structurally deficient and functionally obsolete (currently, unsafe) highway bridges in the state.
 
Extends the mandatory set-aside for off-system bridges through FY2009, repealing the 35% ceiling on the amount of a state apportionment for such set-aside.
 
Provides a set-aside for FY2005 for the discretionary bridge program. Provides set-asides for FY2006-FY2009 for designated projects under the discretionary bridge program.
 
Requires the Secretary to report annually in the Federal Register on construction materials used in new federal-aid bridge construction and bridge rehabilitation projects.
 
(Sec. 1115) Designates funds for FY2005-FY2009 to implement specified intergovernmental projects for enforcement of the highway use tax. Revises requirements for the fuel excise tax reporting system.
 
(Sec. 1116) Directs the Secretary to apportion funds under this Act for the Appalachian development highway system for FY2005-FY2009 among the States based on the latest available cost-to-complete estimate for the system.
 
(Sec. 1117) Directs the Secretary to establish a comprehensive program to address the relationships among transportation, community, and system preservation plans and practices and identify private sector-based initiatives to improve such relationships. 
 
Requires the Secretary to allocate funds to states, metropolitan planning organizations (MPOs), local governments, and tribal governments to carry out eligible projects to integrate transportation, community, and system preservation plans and practices.
 
Authorizes appropriations for FY2005-FY2009.
 
(Sec. 1118) Amends federal highway law to revise requirements of the territorial highway program to make program funds available to the U.S. territories for: (1) surface transportation program projects; and (2) ferry boats, terminal facilities, and approaches.
 
 (Sec. 1119) Authorizes a state in which a proposed federal-aid project is to be undertaken by a federal agency in accordance with an agreement between a state and the federal agency to direct the Secretary to transfer the funds for the federal share of the project directly to the federal agency.
 
Requires the Secretary on October 1 of each fiscal year to allocate sums appropriated for forest development roads and trails according to the relative needs of the various grasslands (as well as, under current law, national forests). 
 
Requires the Secretary of the Interior to distribute Indian reservation road funds, within 30 days after availability, and for immediate use, to Indian tribes in accordance with the distribution formula under the Indian reservation roads program. Limits the use of such funds to projects identified in a transportation improvement program approved by the Secretary.
 
Earmarks a portion of funds for Indian reservation roads for FY2006-FY2009 for program management, oversight, and project-related administrative expenses.
 
Authorizes an Indian tribe to commence road and bridge construction with Indian reservation road funds if it provides assurances that the construction will meet or exceed applicable health and safety standards.
 
Directs the Secretary, in cooperation with the Secretary of the Interior, to complete, and report to Congress, a national inventory of tribal transportation facilities eligible for assistance under the Indian reservation roads program.
 
Authorizes appropriations for FY2005-FY2009 to carry out planning, design, engineering, preconstruction, construction, and inspection of projects to improve deficient Indian reservation road bridges, including multiple-pipe culverts.
 
Revises Indian contracts and agreements requirements with respect to the provision of Indian reservation road funds. Allows an Indian tribe and a state to enter into a road maintenance agreement under which the tribe assumes state responsibilities for Indian reservation roads, including roads providing access to such roads.
 
Establishes within the office of the Secretary of the Department of Transportation (DOT) a presidentially appointed Deputy Assistant Secretary for Tribal Government Affairs to plan and implement DOT policy and programs serving Indian tribes and to coordinate tribal transportation programs in DOT.
 
Earmarks an amount of public lands highway funds for each fiscal year for: (1) maintenance of forest highways; (2) signage identifying public public hunting and fishing access; and (3) the costs of facilitating the passage of aquatic species beneath National Forest System roads, including costs of constructing, maintaining, replacing, or removing culverts and bridges.
 
Directs the Secretary to study and report to Congress on methods to reduce collisions between motor vehicles and wildlife. Requires the Secretary, based on the study results, to develop a best practices manual to support state efforts to reduce wildlife vehicle collisions.
 
 (Sec. 1120) Directs the Secretary to allocate funds for FY2005-FY2009 for the Puerto Rico highway program. Sets forth a formula for the apportionment of such funds to Puerto Rico.
 
(Sec 1121) Requires a state agency with jurisdiction over the operation of a high-occupancy vehicle (HOV) facility to establish occupancy requirements for vehicles of at least two occupants per vehicle.
 
 
Requires such agency to permit motorcycles and bicycles to use the HOV facility, unless such use would constitute a safety hazard.
 
Prescribes guidelines under which a state agency may permit use of an HOV facility by: (1) public transportation vehicles and high occupancy toll vehicles; and (2) inherently low-emission vehicles and low emission and energy-efficient vehicles.
 
Permits tolls to be charged on a HOV facility on the Interstate System.
 
Requires a state agency that allows low-emission and energy-efficient vehicles to use a HOV facility to certify to the Secretary that it will establish: (1) a continuous monitoring, assessment, and reporting program regarding the impact of such vehicles on the facility and adjacent highways; and (2) an enforcement program that ensures the facility is operated in accordance with this Act.
 
Directs the Administrator of the Environmental Protection Agency to issue a final rule establishing certification requirements for low-emission and energy-efficient vehicles and for making certain vehicle comparisons and performance calculations.
 
Expresses the sense of Congress that the Secretary and the states should provide additional incentives (including the use of HOV lanes on state and Interstate highways) for the purchase and use of hybrid and other fuel efficient vehicles which have been proven to minimize air emissions and decrease consumption of fossil fuels.
 
(Sec. 1122) Modifies the definition of &quot;transportation enhancement activity&quot; to include inventory of outdoor advertising (thus authorizing such activity as eligible for federal-aid highway funds). Defines &quot;advanced truck stop electrification system&quot; as a system that delivers heat, air conditioning, electricity, or communications to a heavy duty vehicle (thus authorizing such activity as eligible for federal-aid highway funds).
 

Subtitle B: Congestion Relief - 
(Sec. 1201) Directs the Secretary to establish a real-time system management information program to provide, in all states, the capability to: (1) monitor, in real-time, the traffic and travel conditions of the Nation's major highways; and (2) share that information to improve surface transportation system security, address congestion problems, support improved response to weather and transportation incidents, and facilitate national and regional highway traveler information.
 
Directs the Secretary to establish data exchange formats to ensure that data provided by highway and transit monitoring systems, including statewide incident reporting systems, can readily be exchanged across jurisdictional lines facilitating nationwide availability of information. Authorizes a state, subject to approval by the Secretary, to obligate apportioned federal-aid highway funds for activities relating to the planning and deployment of real-time monitoring systems.
 

Subtitle C: Mobility and Efficiency -
 (Sec. 1301) Directs the Secretary to establish: (1) a program to provide grants to states for surface transportation projects of national and regional significance (allocating grant amounts for FY2005-FY2009 for specified projects); (2) a program to make allocations to states for highway construction projects in corridors of national significance to promote economic growth and international or interregional trade (allocating grant amounts for FY2005-FY2009 for specified projects); (3) a coordinated border infrastructure program to distribute funds to border states to improve the safe movement of motor vehicles between the United States and Canada and Mexico; (4) a pilot program to address the shortage of long-term parking for commercial motor vehicles on the NHS (authorizing appropriations for FY2006-FY2009); (5) a freight intermodal distribution pilot grant program to relieve congestion and improve safety (authorizing appropriations for FY2005-FY2009); (6) a Delta Region transportation development program in Alabama, Arkansas, Illinois, Kentucky, Louisiana, Mississippi, Missouri, and Tennessee for multistate highway planning, development, and construction projects (authorizing appropriations for FY2006-FY2009); and (7) an interstate oasis program. 
 
(Sec. 1304) Amends the Intermodal Surface Transportation Efficiency Act of 1991 to revise high priority corridors on the NHS to include identification of evacuation routes. Revises the item descriptions of specified high priority corridors on the NHS. Identifies specified high priority corridors for inclusion on the NHS.
 
Authorizes appropriations.
 
(Sec. 1307) Directs the Secretary to allocate 50% of funds made available for the deployment of magnetic levitation (MAGLEV) transportation projects for the MAGLEV project between Las Vegas and Primm, Nevada, and 50% for a MAGLEV project located east of the Mississippi River.
 

Subtitle D: Highway Safety - 
(Sec. 1401) Amends federal highway law to replace requirements for the development of a national scenic and recreational highway with a Highway Safety Improvement Program (HSIP), aimed at achieving a significant reduction in traffic fatalities and serious injuries on public roads. Requires a state to have in effect a highway safety improvement program meeting specified criteria.
 
Includes among eligible projects any highway safety improvement project on a public road or publicly owned bicycle or pedestrian pathway or trail.
 
Requires a state to set-aside a specified amount of funds for construction and operational improvements on high risk rural roads.
 
Sets the federal share of highway safety improvement projects at 90%.
 
(Sec. 1402) Directs the Secretary to issue regulations to decrease the likelihood of worker injury and maintain the free flow of vehicular traffic by requiring workers on or in close proximity to a federal-aid highway to wear high visibility garments.
 
(Sec. 1403) Directs the Secretary to study and report to Congress on the safety of highway toll collection facilities (including toll booths and collectors). Authorizes appropriations for FY2006.
 
(Sec. 1404) Directs the Secretary to establish a safe routes to school program for children in primary and middle schools to facilitate the planning, development, and implementation of projects and activities improving safety and reduce traffic, fuel consumption, and air pollution in the vicinity of the schools.
 
Directs the Secretary to make grants to a national nonprofit organization to provide technical assistance and disseminate techniques and strategies for successful programs.
 
Establishes a national safe routes to school task force to develop a strategy for advancing safe routes to school programs nationwide.
 
(Sec. 1405) Directs the Secretary to carry out a program to improve traffic signs and pavement markings in all states consistent with certain FHA recommendations for accommodation of older drivers and pedestrians. Authorizes appropriations for FY2005-FY2009.
 
(Sec. 1406) Authorizes appropriations for FY2005 for safety incentive grants to states for use of seat belts.
 
(Sec. 1407) Prescribes an administrative penalty of withholding certain federal highway program funds by specified increasing percentages from FY2004 though FY2007 and after for states that have not enacted a 0.08 drunk driving law. Authorizes appropriations for FY2005.
 
(Sec. 1408) Directs the Secretary, in cooperation with the American Association of State Highway and Transportation Officials, to: (1) update the FHA Policy on Implementation of the report of the Transportation Research Board of the National Research Council entitled &quot;NCHRP Report 350-Recommended Procedures for the Safety Performance Evaluation of Highway Features;&quot; and (2) publish guidance regarding the conditions under which states should improve or replace highway features on the NHS with features tested and found acceptable under the guidelines.
 
(Sec. 1409) Establishes a work zone safety grant program. Authorizes the Secretary to make grants to nonprofit organizations to provide training to prevent or reduce highway work zone injuries and fatalities. Authorizes appropriations for FY2006-FY2009.
 
Requires the Secretary to ensure that a non-domiciled resident worker employed on a remote project for the construction of a highway located on a federal-aid highway in Alaska receives meals and lodging.
 
(Sec. 1410) Directs the Secretary to make grants for FY2006-FY2009 to a nonprofit foundation for the operation of the National Work Zone Safety Information Clearinghouse to assemble and disseminate information relating to improvement of roadway work zone safety. Authorizes appropriations for FY2006-FY2009.
 
(Sec. 1411) Directs the Secretary to enter into an agreement to assist a national nonprofit organization dedicated solely to improving public road safety by promoting public road safety research and technology transfer activities. Authorizes appropriations for FY2006-FY2009.
 
Directs the Secretary to make grants to a national, not-for-profit organization engaged in promoting bicycle and pedestrian safety to disseminate techniques and strategies for improving bicycle and pedestrian safety. Authorizes appropriations for FY2005-FY2009.
 
(Sec. 1412) Authorizes a state to permit electrification or other idling reduction facilities and equipment for use by commercial motor vehicles to be placed in rest and recreation areas (including safety rest areas) on rights-of-way of the Interstate System, so long as such idling reduction measures do not reduce the existing number of designated truck parking spaces at any given rest or recreation area.
 

Subtitle E: Construction and Contract Efficiency - 
(Sec. 1501) Revises advance construction requirements to authorize a state to proceed with highway construction projects: (1) without the use of federal funds; and (2) in accordance with all applicable procedures and requirements other than those that limit the state to project implementation with the aid of federal funds or previously apportioned obligation authority. Authorizes the Secretary, upon state request, to obligate all or a portion of the federal share of a project from any category of funds for which the project is eligible.
 
(Sec. 1502) Directs the Secretary to establish and implement the Highways for LIFE Pilot Program to advance longer-lasting highways using innovative technologies and practices to accomplish the fast construction of efficient and safe highways and bridges.
 
(Sec. 1503) Repeals the minimum cost requirements of a qualified project using design-build contracting.
 
Requires the Secretary to issue revised regulations that: (1) do not preclude a state transportation department or local transportation agency, prior to compliance with certain environmental requirements, from issuing requests for proposals or proceeding with awards of design-build contracts; (2) require concurrence from the Secretary before carrying out such activities; and (3) preclude the design-build contractor from proceeding with final design or construction of any permanent improvement prior to completion of the environmental process.
 

Subtitle F: Finance - 
(Sec. 1601) Amends the Transportation Infrastructure Finance and Innovation Act (TIFIA) to revise guidelines governing projects, project eligibility, project selection, secured loans, lines of credit, repayment and program administration. Sets funding levels through FY2009 for the TIFIA program.
 
(Sec. 1602) Authorizes the Secretary to enter into cooperative agreements with states for the establishment of state infrastructure banks for making loans and providing other forms of credit assistance to public and private entities for rail and highway projects.
 
(Sec. 1603) Sets forth requirements for the use of excess transportation funds and transportation funds for inactive projects.
 
(Sec. 1604) Amends the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) to authorize appropriations for FY2005-FY2009 for the value pricing pilot program. Earmarks an amount for FY2006-FY2009 for congestion pricing pilot projects that do not involve highway tolls.
 
Establishes: (1) an express lanes demonstration program to collect tolls to manage high levels of congestion and to reduce pollutant emissions in nonattainment areas; and (2) an Interstate System construction toll pilot program which permits a state to collect tolls on a highway, bridge, or tunnel on the System to construct Interstate highways.
 

 Subtitle G: High Priority Projects - 
(Sec. 1701) Modifies the High Priority Projects Program to reflect the authorization of appropriations detailed in this Act.
 
(Sec. 1702) Earmarks funds for specified high priority projects for FY2005-FY2009.
 
 
(Sec. 1703) Amends the Transportation Equity Act for the 21st Century (TEA-21) and ISTEA to revise the specifications for certain high priority transportation projects.
 

Subtitle H: Environment - 
(Sec. 1801) Amends federal highway law to replace priority primary route provisions with a requirement that the Secretary carry out a program for construction of ferry boats and ferry terminal and maintenance facilities, at an 80% federal cost share. Directs the Secretary to give priority in the allocation of federal-aid highway funds to ferry systems, and public entities responsible for developing ferries, that: (1) provide critical access to areas that are not well-served by other modes of surface transportation; (2) carry the greatest number of passengers and vehicles; or (3) carry the greatest number of passengers in passenger-only service.
 
Sets aside specified amounts for the construction or refurbishment of ferry boats and ferry terminal facilities and approaches to such facilities within NHS marine highway systems, including certain amounts for Alaska, New Jersey, and Washington state.
 
Authorizes appropriations for FY2006 and each fiscal year thereafter.
 
Establishes a national ferry base. Authorizes appropriations for FY2006-FY2009.
 
(Sec. 1802) Authorizes an Indian tribe to nominate a road as a National Scenic Byway only if a federal land management agency (other than the Bureau of Indian Affairs), a state, or a local governmentdoes not have jurisdiction over, or responsibility for managing, the road. Requires Indian tribes to maintain the safety and quality of such roads.
 
(Sec. 1803) Directs the Secretary to allocate funds to the America's Byways Resource Center. Authorizes appropriations for FY2005-FY2009.
 
 
(Sec. 1804) Directs the Secretary to make grants to states that demonstrate a need for assistance in carrying out historic covered bridge preservation projects. Authorizes appropriations for FY2006-FY2009.
 
(Sec. 1805) Requires a state that demolishes a bridge or an overpass eligible for federal assistance under the highway bridge replacement and rehabilitation program to first make the demolition debris available for beneficial use by a federal, state, or local government, unless such use obstructs navigation.
 
(Sec. 1806) Amends TEA-21 to authorize appropriations for FY2005-FY2009 for Indian reservation roads.
 
(Sec. 1807) Establishes a nonmotorized transportation pilot program to construct in selected communities a network of nonmotorized transportation infrastructure facilities, including sidewalks, bicycle lanes, and pedestrian and bicycle trails, that connect directly with transit stations, schools, residences, businesses, recreation areas, and other community activity centers. Authorizes appropriations for FY2006-FY2009.
 
(Sec. 1808) Amends federal highway law to authorize a state to obligate apportioned congestion mitigation and air quality improvement (CMAQ) program funds for a transportation project or program in an area required to prepare, and file with the Administrator of the Environmental Protection Agency (EPA), maintenance plans under the Clean Air Act.
 
Makes eligible activities under the CMAQ program: (1) the purchase of integrated, interoperable emergency communications equipment; or (2) the use of diesel retrofit technologies. 
 
Directs the EPA Administrator to publish a list of diesel retrofit technologies and supporting technical information for diesel emission reduction technologies.
 
Directs the Secretary to evaluate and assess a representative sample of CMAQ projects to determine their direct and indirect impact on air quality and congestion levels, and ensure the effective implementation of the CMAQ program.
 
Authorizes the use of CMAQ program funds by: (1) Montana for the operation of public transit activities serving a nonattainment or maintenance area; (2) Michigan for the operation and maintenance of intelligent transportation system strategies that serve a nonattainment or maintenance area; (3) Maine for the operation of passenger rail service between Boston, Massachusetts, and Portland, Maine; (4) Oregon to support the operation of additional passenger rail service between Eugene and Portland; and (5) Missouri, Iowa, Minnesota, Wisconsin, Illinois, Indiana, and Ohio to purchase alternative fuel or biodiesel.
 

Subtitle I: Miscellaneous - 
(Sec. 1902) Declares that no law shall prevent a local government from offering to donate funds, materials, or services performed by local government employees in connection with federal-aid highway projects.
 
(Sec. 1904) Revises the requirement that plans, specifications, and estimates for proposed projects on any federal-aid highway be accompanied by a value engineering analysis or other cost reduction analysis. Requires a state to provide a value engineering analysis or other cost-reduction analysis for: (1) projects on the federal-aid highway system with an estimated total cost of $25 million or more (as under current law); (2) a bridge project with an estimated total cost of $20 million or more; and (3) any other project the Secretary determines to be appropriate.
 
Directs the Secretary to establish an oversight program to monitor the efficient use of funds for federal-aid highway projects. Requires a recipient of funds for a project with an estimated cost of $500 million or more (currently, $1 billion or more), and recipients for such other projects as the Secretary may identify, to submit to the Secretary a project management plan and an annual financial plan.
 
(Sec. 1905) Reduces the credit a state may use toward the nonfederal share requirement for federal highway funds by a percentage equal to the percentage of the total cost that a public, quasi-public, or private agency has incurred in building, improving, or maintaining the highway facilities using federal funds. 
 
(Sec. 1906) Directs the Secretary to make grants to a state that has enacted and is enforcing a law that prohibits racial profiling in the enforcement of state laws regulating the use of federal-aid highways. Authorizes appropriations for FY2005-FY2009.
 
(Sec. 1907) Directs the Secretary to conduct pavement marking systems demonstration projects in Alaska and Tennessee. Authorizes appropriation for FY2006-FY2009.
 
(Sec. 1908) Includes as part of the Interstate System: (1) a portion of the Creek Turnpike connecting Interstate Route 44 east and west of Tulsa, Oklahoma; and (2) a portion of Interstate Route 181 lying northwest of the intersection with Interstate Route 81, Tennessee. Includes as part of the NHS a portion of of U.S. Route 271 from the Arkansas state line, west to the intersection with U.S. Route 59, and northwest to the intersection with Interstate Route 40, Sallisaw, Oklahoma.
 
(Sec. 1909) Revises declarations of policy with respect to the surface transportation program to emphasize that it is in the national interest to preserve and enhance the surface transportation system to meet the needs of the United States for the 21st Century.
 
Establishes the National Surface Transportation Policy and Revenue Study Commission to study the current condition and future needs of the surface transportation system, and develop a plan to ensure it will continue to serve the needs of the United States. Requires the Secretary to appoint a technical advisory committee.
 
Authorizes appropriations for FY2006-FY2007.
 
(Sec. 1910) Directs the Secretary to initiate a rulemaking to determine whether full service restaurants should be given priority on up to two panels of the camping or attractions logo specific service signs in the Manual on Uniform Traffic Control Devices when the food logo specific service sign is fully utilized, and vice versa.
 
(Sec. 1911) Declares that, if the construction project number STP-189-1(15)CT 3 in Gwinnett County, Georgia, was not listed in the current regional transportation plan because of an error, such failure to be listed shall not be a basis for not approving the project.
 
(Sec. 1912) Designates as the lead agency for accepting specified federal funds (authorized under ISTEA for purchase of the right-of-way and development of a transportation corridor in an existing rail right-of-way from Larkspur to Korbel, and Novato to Lombard) a certain public entity established to acquire rights-of-way in northwestern California to maintain surface transportation infrastructure. 
 
 
(Sec. 1913) Sets at 90% the federal share of costs of construction of a bridge between Bismarck and Mandan, North Dakota.
 
(Sec. 1914) Directs the Secretary, acting through the FHA Administrator, to appoint a Motorcyclist Advisory Council on infrastructure issues of concern to motorcyclists, including: (1) barrier design; (2) road design, construction, and maintenance practices; and (3) the architecture and implementation of intelligent transportation system technologies.
 
(Sec. 1915) Declares that debt outstanding for project number Q-DPM-0013(001) related to the early acquisition of the rights-of-way is deemed satisfied.
 
 
(Sec. 1916) Deems to satisfy certain federal requirements the New Harbor Boulevard North off ramp project along the Interstate Route 405 Collector-Distributor Road in Costa Mesa, California (Susan Street Slip-Ramp). Directs the California state department of transportation to authorize any environmental, engineering, or design analyses necessary to approve construction of the project consistent with applicable California state operational and safety standards.
 
(Sec. 1917) Requires the Maryland state highway administration and the FHA to work cooperatively to: (1) expedite the project to improve Interstate Route 495 through the area of the Arena Drive interchange to allow for safe exit (including improvements to the adjacent interchanges upstream and downstream along Interstate Route 495); and (2) expedite action on the Interstate access request so that the Interstate Route 495/Arena Drive interchange can be opened safely to all vehicles 24 hours per day, seven days per week.
 
(Sec. 1918) Authorizes the Secretary to provide a credit to Louisiana equal to the nonfederal share of the cost of any planning, engineering, design, or construction work carried out by the state on the Houma-Thibodaux to I-10 connector from Gramercy to Houma.
 
(Sec. 1919) Directs the Secretary to enter into an agreement with the Public Policy Center of the University of Iowa for an analysis and report to the Secretary and the Secretary of the Treasury on a long-term field test of an approach to assessing highway use fees based upon actual mileage driven by a specific vehicle on specific types of highways by use of an onboard computer.
 
Authorizes appropriations for FY2006-FY2009.
 
(Sec. 1920) Expresses the sense of the Congress that federal transportation projects should encourage the collaboration between interested persons, including federal, state, and local governments and community-based organizations that have an interest in improving the job skills of low-income individuals to help: (1) leverage scarce training and community resources; and (2) ensure local participation in the building of transportation projects.
 
(Sec. 1923) Directs the Secretary to arrange for the Delta Regional Authority (DRA) to study and report to Congress on transportation assets and needs for all modes of transportation in the states composing the Delta region. Authorizes appropriations for FY2005 and FY2006.
 
(Sec. 1924) Directs the Secretary, in cooperation with the the Washington state department of transportation and the City of Seattle, Washington, to study and report to Congress on the damage to the the Alaska Way Viaduct from the Nisqually earthquake of 2001.
 
(Sec. 1925) Directs the Secretary to make a grant to, or enter into a cooperative agreement or contract with, a national organization representing architects with expertise in the design of a wide range of transportation and infrastructure projects to study the role of well-designed transportation projects in promoting community enhancement. Earmarks funds for such study for FY2006 and FY2007.
 
(Sec. 1926) Directs DOT to submit a budget justification concurrently with the President's annual budget to Congress.
 
(Sec. 1927) Directs the Secretary to study and report to Congress on the steps and estimated funding necessary to designate and construct a route for: (1) the 14th Amendment Highway, from Augusta, Georgia, to Natchez, Mississippi, (formerly designated the Fall Line Freeway within the state of Georgia); and (2) the 3rd Infantry Division Highway, from Savannah, Georgia, to Knoxville, Tennessee (formerly the Savannah River Parkway).
 
(Sec. 1928) Expresses the sense of Congress that: (1) the Buy America test needs to be applied to an entire bridge project and not only to its component parts; (2) the law clearly states that domestic materials must be used in federal highway projects unless their inclusion will increase the cost of the overall project by more than 25%; (3) uncertainty regarding how to apply Buy America laws for major bridge projects threatens the domestic bridge industry; (4) as the Nation's unemployment rate continues to hover around 5.6% steps are needed to protect American workers and the domestic bridge building industry; and (5) the Buy America Act was designed to ensure that, when taxpayer money is spent on direct federal government procurement and infrastructure projects, these expenditures stimulate U.S. production and job creation. 
 
(Sec. 1928) Designates: (1) Interstate Highway 86 in New York state as the &quot;Daniel Patrick Moynihan Interstate Highway;&quot; (2) the northbound and southbound tunnel of Interstate Route 93, located in Boston, Massachusetts, as the &quot;Thomas P. &quot;Tip&quot; O'Neill, Jr. Tunnel;&quot; (3) the segment of the Imperial Highway between California State Route 91 and Esperanza Road as the &quot;Richard Nixon Parkway;&quot; (4) a specified three-mile segment of Interstate Route 86 between Painted Post and Corning, New York, as the &quot;Amo Houghton Bypass;&quot; and (5) Louisiana Route 1 as the &quot;Billy Tauzin Energy Corridor.&quot;
 
(Sec. 1934) Authorizes appropriations for FY2005-FY2009 to carry out specified transportation improvement projects.
 
(Sec. 1937) Authorizes the Secretary to use emergency relief funds to construct measures necessary for the continuation of roadway services, or the impoundment of water to protect roads, or both, at Devils Lake in North Dakota.
 
(Sec. 1938) Urges states to use nondestructive technology to detect cracks in steel bridges.
 
(Sec. 1939) Provides that a certain rule published in the Federal Register, July 19, 2004, relating to the Indian reservation road program, shall not apply to specified Alaska villages.
 
(Sec. 1940) Authorizes appropriations for FY2005-FY2009 to resurface, repair, rehabilitate, and reconstruct the Going-to-the-Sun Road at Glacier National Park, Montana. Sets the federal share or project costs at 100%.
 
(Sec. 1941) Directs the Secretary, upon state request, to obligate funds made available for the construction of U.S. Route 212, Red Lodge North, Montana, for the reconstruction of Beartooth Highway, Montana.
 
(Sec. 1943) Directs the Secretary to make grants to Wisconsin to continue intelligent transportation system activities in the corridor serving the Greater Milwaukee, Wisconsin, Chicago, Illinois, and Gary, Indiana, Great Lakes areas, and other areas of the state.
 
Authorizes appropriations for FY2006-FY2009.
 
(Sec. 1944) Directs the Secretary to make allocations to Oklahoma to carry out activities in the Oklahoma Plan for Tar Creek.
 
Authorizes appropriations for FY2006.
 
(Sec. 1945) Directs the Secretary, in cooperation with a certain subcontracting production entity, to fund the production of a documentary about infrastructure that demonstrates advancements in the last frontier, Alaska.
 
Authorizes appropriations for FY2005 and FY2006.
 
(Sec. 1946) Establishes in Vermont the Gateway Rural Improvement Pilot Program. Authorizes appropriations.
 
(Sec. 1947) Makes projects for traffic circles (&quot;roundabouts&quot;) eligible for 100% federal share of costs.
 
(Sec. 1948) Prohibits federal funds from being expended for the demolition of the existing Brightman Street Bridge connecting Fall River and Somerset, Massachusetts. Requires the existing Brightman Street Bridge to be maintained for pedestrian and bicycle access, and as an emergency service route.
 
(Sec. 1949) Directs the Secretary provide funds to the Knik Arm Bridge and Toll Authority, Alaska.
 
(Sec. 1950) Directs the Secretary to credit nonfederal expenditures paid on or after October 23, 2000, by project sponsors of the Lincoln Parish transportation and community and system preservation project, and the U.S. Route 167/I-20 interchange Interstate maintenance discretionary project, that are in excess of the nonfederal matching requirements for such projects as nonfederal contributions toward the nonfederal matching requirements for all LA/I-20 Transportation Corridor Program elements between Louisiana Route 149 and Louisiana Route 33.
 
(Sec. 1951) Directs the Secretary, acting through the Minority Resource Center, to provide assistance in obtaining bid, payment, and performance bonds by disadvantaged business enterprises. Authorizes appropriations for FY2005-FY2009.
 
 (Sec. 1952) Directs the Secretary to conduct a design and feasibility analysis to alleviate southbound traffic congestion along the George Washington Parkway, Virginia, between Interstate Route 495 and the 14th Street Bridge, and to take appropriate action in response to the analysis results.
 
(Sec. 1953) Authorizes appropriations for: (1) surface transportation projects of national and regional significance; and (2) highway construction projects in corridors of national significance.
 
(Sec. 1955) Directs the Secretary of the Interior, acting through the Director of the Bureau of Land Management, to convey within a specified time to Ely, Nevada, without consideration, all right, title, and interest of the United States in land located within the railroad corridor described in specified rights-of-way.
 
(Sec. 1957) Directs the Vermont agency of transportation to: (1) commence, not later than August 1, 2005, planning for a traffic circle at the intersection of U.S. Route 7 and Vermont Route 103 in Clarendon, Vermont; and (2) complete its construction by August 1, 2007. Earmarks certain funds for this project.
 
(Sec. 1958) Prohibits the Secretary from approving any federal-aid highway project in Orange and Seminole Counties, Florida, which provides access from Interstate Route 4 to the right-of-way or median of Interstate Route 4 if tolls are used for access.
 
(Sec. 1959) Directs the Secretary to provide to the Port Authority of New York and New Jersey funds for the Cross Harbor Freight Movement Project, New York.
 
(Sec. 1960) Amends the Denali Commission Act of 1998 to establish the Denali Access System Program to pay the costs of planning and constructing road and other surface transportation infrastructure in Alaska Native villages and rural communities.
 
Establishes a Denali Access System Program Advisory Committee.
 
Authorizes appropriations for FY2006-FY2009.
 
(Sec. 1961) Directs the Secretary to study and report to Congress on the I-95/Contee Road relocated interchange project located in Prince George's County, Maryland.
 
Authorizes appropriations for FY2006.
 
(Sec. 1962) Authorizes appropriations for FY2006-FY2009 for multimodal facility improvements, construction, and ferry acquisition by North Bay Ferry Service, Inc., located at Port Sonoma in Petaluma, California.
 
(Sec. 1963) Directs the Economic Development Administration (EDA) to facilitate further financing to approve, without compensation, a series of leases of the Apollo Theater, located in Harlem, New York, to be improved by specified EDA projects.
 
(Sec. 1964) Sets the federal share of costs at between 80% and 95% for high priority projects, certain transportation improvement projects, and transportation projects of national and regional significance in the states of Alaska, Montana, Nevada, North Dakota, Oregon, and South Dakota.
 

Title II: Highway Safety - 
(Sec. 2001) Authorizes appropriations for FY2005-FY2009 for highway safety programs, including: (1) highway safety research and development (R&D); (2) occupant protection incentive grants; (3) safety belt performance grants; (4) grants to states for traffic safety information system improvements; (5) the alcohol-impaired driving countermeasures incentive grant program; (6) the National Driver Register; (7) the high visibility enforcement program; (8) motorcycle safety (FY2006-FY2009); (9) child safety and child booster seat safety incentive grants (FY2006-FY2009); and (10) administrative expenses of the National Highway Traffic Safety Administration (NHTSA) (FY2006-FY2009).
 
(Sec. 2008) Directs the Secretary to review each state highway safety program triennially, and make review-based recommendations on how each state could improve the management and oversight of its grant activities. Directs the Comptroller General to analyze and report to Congress on the effectiveness of NHTSA's oversight of traffic safety grants with respect to state highway safety programs.
 
(Sec. 2012) Directs the Secretary to collect data, compile statistics, and report to Congress on accidents involving motor vehicles being backed up that result in fatalities and injuries, and that occur on public and nonpublic roads and residential and commercial driveways and parking facilities.
 
(Sec. 2013) Directs the Secretary to: (1) coordinate with other federal agencies on how to address the problem of driving under the influence of an illegal drug (not obtained by a legal and valid prescription); and (2) conduct research on the prevention, detection, and prosecution of driving under the influence of such drugs. 
 
Directs the Secretary to: (1) report to Congress on the problem of drug-impaired driving; and (2) develop a model statute for states relating to drug-impaired driving.
 
Earmarks highway safety R&D funds for FY2006-FY2009.
 
(Sec. 2014) Directs the Secretary to develop a first responder vehicle safety program to increase the safe and efficient operation of first responder vehicles. Authorizes appropriations for FY2006.
 
(Sec. 2015) Directs the Secretary to study and report to Congress on the risks associated with glare to oncoming drivers, including drivers on two-lane highways, increased risks to drivers over the age of 50, and the overall effects of glare on driver performance.
 
 
(Sec. 2016) Directs the Secretary to conduct a pilot program, and report the results to Congress, on optimizing emergency medical services in a rural state. 
 
(Sec. 2017) Directs the Secretary to allocate a specified amount of highway safety R&D funds for FY2006-FY2009 to conduct a research and demonstration program to improve traffic safety with respect to older drivers.
 
(Sec. 2018) Amends the federal criminal code to prohibit the unauthorized sale or use of traffic signal preemption transmitters (devices or mechanisms that can change a traffic signal's phase time or sequence). Prescribes civil and criminal penalties for violations of such prohibition. 
 
(Sec. 2020) Expresses the sense of Congress that, in an effort to further change the culture of alcohol-impaired driving on our Nation's highways, the President should consider establishing a Presidential Commission on Alcohol-Impaired Driving.
 
(Sec. 2021) Expresses the sense of Congress that NHTSA should work with state and local governments and independent organizations to increase public awareness of state legal limits on blood alcohol concentration levels and the dangers of drinking and driving.
 

Title III: Public Transportation - 
Federal Public Transportation Act of 2005 - (Sec. 3003) Revises requirements for the development and revitalization of U.S. public transportation systems.
 
(Sec. 3005) Consolidates and revises requirements for development by MPOs of long-range transportation plans and transportation improvement programs (TIPs) for metropolitan planning areas.
 
(Sec. 3006) Replaces certain metropolitan area TIP requirements with requirements for statewide transportation plans and statewide Tips
 
 (Sec. 3007) Replaces requirements for the designation of transportation management areas with revised requirements for grants to states, MPOs, and local governments, agreements with other departments, or contracts with private nonprofit or for-profit entities to develop transportation plans and programs (including metropolitan planning and state planning and research). Allocates funds based a specified formula for FY2005-FY2009 for such programs.
 
(Sec. 3009) Authorizes the Secretary to award urbanized area formula grants for planning, transit enhancements, and operating costs of equipment and facilities: (1) for use in public transportation in an urbanized area with a population of between 200,000 and 225,000; and (2) for local governmental authorities in areas which adopted transit operating and financing plans that became a part of the Houston, Texas, urbanized area, but lie outside the service area of the principal public transportation agency that serves the Houston urbanized area.
 
Limits a recipient of a formula grant in an urbanized area with a population of 558,329 or 747,003 to not more than 20% of the grant for the provision of non-fixed route paratransit services in accordance with the Americans with Disabilities Act, provided the grant recipient is in compliance with that Act, including both fixed route and demand responsive service and such service is acquired by contract.
 
(Sec. 3010) Revises requirements for the clean fuels grant bus procurement program, particularly apportionment requirements.
 
 (Sec. 3011) Eliminates the Secretary's authority to make capital investment loans.
 
 
Prescribes separate requirements for grantees receiving more than $75 million for a new fixed guideway capital project, and for grantees receiving less than $75 million for such projects (including projects for less than $25 million).
 
Sets forth certain allocations for FY2005 for new fixed capital projects, capital projects for fixed guideway modernization, and capital projects for buses and bus-related equipment and facilities, including allocations: (1) for FY2006-FY2009 for major new fixed guideway capital projects; (2) FY2007-FY2009 for new fixed guideway capital projects of less than $75 million; (3) for FY2005-FY2009 for capital projects in Alaska and Hawaii for new fixed guideway systems and extension projects utilizing ferry boats, ferry boat terminals, or approaches to ferry boat terminals; (4) for FY2006-FY2009 for payments to the Denali Commission for docks, waterfront development projects, and related transportation infrastructure; and (5) for FY2006-FY2009 for ferry boats or ferry terminal facilities (earmarking amounts for specified ferry projects, the national fuel cell bus technology development program, projects in non-urbanized areas, intermodal terminal projects, and bus testing).
 
Requires grantees to conduct Before and After Studies.
 
Requires the Federal Transit Administration (FTA) to issue: (1) a Contractor Performance Assessment Report (CPAR) analyzing the consistency and accuracy of cost and ridership estimates made by contractors to public transportation agencies developing new fixed guideway capital projects; and (2) a Contractor Performance Incentive Report (CPIR) on the suitability of allowing such contractors to receive performance incentive awards if a project is completed for less than the original estimated cost.
 
Authorizes the Secretary to establish a pilot program to demonstrate the advantages and disadvantages of public-private partnerships for certain new fixed guideway capital projects.
 
Directs the Secretary to credit funds provided by the Florida department of transportation for the extension of the Miami Metrorail System from Earlington Heights to the Miami Intermodal Center to satisfy matching requirements for the Miami North Corridor and Miami East-West Corridor projects.
 
(Sec. 3012) Revises requirements for the formula grant program for the special transportation needs of elderly individuals and individuals with disabilities, eliminating loans to states for related service.
 
Establishes a pilot program that will allow Wisconsin, Alaska, Minnesota, Oregon, and three other states selected by the Secretary to use up to 33% of the formula grants for the operating costs associated with the transportation needs of such individuals.
 
(Sec. 3013) Revises requirements for formula grants for other than urbanized areas to distinguish between recipients (states and Indian tribes) and subrecipients (state or local governmental authorities, nonprofit organizations, or operators of public transportation or intercity bus service) that receive federal funds through a recipient. Apportions HTF funds for FY2006-2009 for formula grants for other than urbanized areas to Indian tribes for eligible public transportation projects on Indian reservations.
 
Provides funding for the rural transportation assistance program (RTAP).
 
(Sec. 3014) Revises requirements for grants, contracts, cooperative agreements, or other agreements for research, development, or demonstration projects. Adds deployment projects. Repeals specific authority for research, investigation, and training grants to institutions of higher education.
 
 
(Sec. 3015) Repeals apportionment requirements for state planning and research with respect to a mass transportation cooperative research program.
 
(Sec. 3016) Eliminates the Industry Technical Panel.
 
 
Authorizes the Secretary to award: (1) demonstration grants to certain charitable or educational organizations or state or local government agency to provide transportation services to individuals to access dialysis treatments and other medical treatments for renal disease; and (2) grants to a national not-for-profit organization for the establishment of a national technical assistance center for senior transportation programs.
 
Directs the Secretary to study and report to Congress on actions necessary to purchase increased volumes of alternative fuels for use in public transit vehicles.
 
(Sec. 3017) Repeals the requirement that the Secretary delegate all authority to the National Transit Institute (NTI) at Rutgers University to develop and conduct education and training programs related to mass transportation.
 
(Sec. 3018) Codifies the Job Access and Reverse Commute (JARC) grant program of the TEA-21. Changes the program from a competitive discretionary grant to a formula grant program.
 
(Sec. 3019) Authorizes the Secretary to make New Freedom formula grants for new public transportation services and alternatives for individuals with disabilities beyond those required by the Americans with Disabilities Act of 1990, including transportation to and from jobs and employment support services.
 
(Sec. 3020) Eliminates the bus testing revolving loan fund. 
 
 
 (Sec. 3021) Authorizes the Secretary to award a grant or enter into a contract to carry out a qualified project to provide alternative transportation in National Parks and other federal public lands (by bus, rail, or any other publicly or privately owned conveyance that provides the public general or special service on a regular basis, including sightseeing service, and by nonmotorized transportation systems such as facilities for pedestrians, bicycles, and nonmotorized watercraft).
 
(Sec. 3022) Revises the Secretary's authority to make grants to states, local governmental authorities, and operators of public transportation systems to provide fellowships to train personnel employed in managerial, technical, and professional positions in the public transportation field.
 
(Sec. 3023) Eliminates the Secretary's authority to make loans to a state or local governmental authority to acquire an interest in, or buy property of, a private company engaged in public transportation for certain capital projects. 
 
Revises enforcement requirements for violations of conditions on charter bus transportation service and schoolbus transportation. Directs the Secretary to bar violators from receiving federal transit assistance in an appropriate amount if the Secretary finds a pattern to such violations. (Currently all such assistance must be barred.)
 
Permits a recipient of federal financial assistance to use proceeds from the issuance of revenue bonds as part of the local matching funds for a capital project.
 
Authorizes the Secretary to establish a pilot program to reimburse up to 10 recipients for deposit of bond proceeds in a debt service reserve the recipient establishes from urbanized area formula grant amounts.
 
Directs the Secretary to issue a final rule on implementation of Buy America requirements to provide that any waiver of such requirements for a microprocessor, computer, or microcomputer shall apply only to a device used solely to process or store data, and does not extend to products containing a microprocessor, computer, or microcomputer.
 
Authorizes the Secretary to terminate federal financial assistance and seek reimbursement directly, or by offsetting amounts, if a recipient has made a false or fraudulent statement or related act in connection with a federal transit program.
 
Authorizes a recipient of federal assistance to allow the incidental use of federally funded alternative fueling facilities and equipment by nontransit public entities and private entities, provided certain requirements are met.
 
Authorizes the Secretary to assist an applicant to acquire a railroad right-of-way before completion of an environmental review for any project that may use the right-of-way, if the acquisition is otherwise permitted under federal law.
 
(Sec. 3025) Requires recipients of federal funds to conduct all procurement transactions involving such assistance in a manner providing full and open competition, as determined by the Secretary.
 
 
Revises requirements for federal financial assistance for design-build system projects.
 
(Sec. 3026) Increases the funds available for project management oversight and review. 
 
(Sec. 3028) Revises requirements for investigations of safety hazards, to include security risks.
 
(Sec. 3029) Applies specified requirements for the withholding of amounts for noncompliance with safety requirements to any states designing rail fixed guideway mass transportation systems that will not be subject to regulation by the Federal Railroad Administration (FRA). (Currently they apply only to those states that already have systems not subject to FRA regulation.)
 
(Sec. 3030) Grants the Secretary discretion to decide that a form of public transportation is covered adequately, for employee alcohol and controlled substances testing purposes, under the alcohol and controlled substance statutes or regulations of an agency within the DOT or the Coast Guard.
 
(Sec. 3031) Revises employee protective arrangement requirements.
 
Requires certification without referral for any such arrangements for employees utilized by the Secretary of Labor for federal assistance to purchase like-kind equipment or facilities, and grant amendments which do not materially revise or amend existing federal assistance agreements.
 
Requires the Secretary, in issuing fair and equitable determinations involving assurances of employment when one private transit bus service contractor replaces another through competitive bidding, to base such decisions on the principles set forth in DOT's decision of September 21, 1994, as clarified by the supplemental ruling of November 7, 1994, with respect to grant NV-90-X021.
 
 (Sec. 3032) Terminates the authority of the Secretary of Housing and Urban Development to make grants or enter contracts for research, development, demonstration project, investigation, and training related to urban transportation systems and planned development of urban areas.
 
Prohibits the Secretary of Transportation, except as directed by the President for purposes of national defense or in the event of a national or regional emergency, from regulating the operation, routes, or schedules of a public transportation system for which a capital projects grant is made, or the rates, fares, tolls, rentals, or other charges prescribed by a public or private transportation provider.
 
 
Requires the Secretary to notify Congress at least three full business days before any discretionary grant award, letter of intent, or full funding grant agreement for a transportation project totaling $1 million or more is announced. 
 
(Sec. 3034) Apportions certain formula grant funds for FY2006 and each succeeding fiscal year to certain urbanized areas with populations of less than 200,000. Requires the calculation of small transit intensive cities factors in such apportionments. Directs the Secretary to study and report to Congress on the feasibility of developing and implementing an incentive funding system for operators of public transportation.
 
 
(Sec. 3035) Revises requirements with respect to apportionments for fixed guideway modernization. Requires such apportionments to urbanized areas with a population of 55,997 to be based on certain fixed guideway factors related to FY1997 apportionments.
 
(Sec. 3036) Authorizes FY2005 appropriations for formula grants for certain capital projects, job access and reverse commute grants for low income individuals, capital program grants, public transportation planning programs, public transportation research, university transportation research, and to carry out certain administrative provisions with respect to public transportation projects.
 
Authorizes FY2006-FY2009 appropriations for certain public transportation project formula grants, bus grants, capital investment grants, and research and university research centers.
 
(Sec. 3037) Authorizes the Secretary to award grants to states, MPOs, and local governmental authorities to develop an alternative analysis program (currently part of the New Starts program, but transferred here by this Act). Sets the federal share of costs at 80%. Makes program funds available for FY2006 and FY2007 for specified transportation projects.
 
(Sec. 3038) Requires the Secretary to apportion for each fiscal year certain formula grants for urbanized areas and other than urbanized areas based on growing states and high density state formula factors.
 
 
(Sec. 3039) Amends TEA-21 to increase from 50% to 90% the federal funding share for the over-the-road bus accessibility program.
 
(Sec. 3040) Sets forth a total obligation ceiling for FY2005-FY2009 for the Mass Transit Account of the HTF.
 
(Sec. 3041) Requires the Secretary to: (1) ensure that the total apportionments made for FY2005 to each grant recipient under FTA programs does not exceed the amounts appropriated for FY2005 plus prior year balances; and (2) adjust the amount apportioned to each urbanized area for fixed guideway modernization to reflect a specified apportionment method.
 
(Sec. 3043) Authorizes specified new fixed guideway capital projects for final design and construction or alternatives analysis and preliminary engineering.
 
(Sec. 3044) Directs the Secretary to make specified funds available for FY2006-FY2009 for: (1) designated bus projects and bus-related facilities; and (2) clean fuels grant program projects. 
 
(Sec. 3045) Directs the Secretary to establish a national fuel cell bus technology development program to facilitate development of commercially viable fuel cell bus technology and related infrastructure.
 
 
(Sec. 3046) Directs the Secretary to enter into an agreement with the National Academy of Sciences to study and report to Congress on: (1) the value major public transportation systems serving the 38 urbanized areas with a population of over one million provide to the Nation's security; and (2) the ability of such systems to accommodate the evacuation, egress, or ingress of people to or from critical locations in times of emergency.
 
Provides allocations through FY2009 for specified national research and technology programs.
 
(Sec. 3047) Forgives any outstanding balances on the following grant agreements made to the Lane County Transit District, Oregon: (1) Federal Contract Number OR-03-0087; and (2) Federal Contract Number OR-90-X094.
 
 
(Sec. 3048) Directs the Secretary to review the use of cooperative procurement in the mass transit program.
 
 
(Sec. 3049) Requires agencies (including the Postal Rate Commission and the Smithsonian Institution) in the National Capital Region to implement a program wherein its employees are offered transit pass transportation fringe benefits.
 
(Sec. 3050) Directs the FTA to approve final design for specified commuter rail projects in the absence of an access agreement with the owner of the railroad right-of-way.
 
(Sec. 3051) Authorizes the Secretary to audit, make recommendations, and take appropriate enforcement action regarding the paratransit services provided by a regional, state, or transit agency in Illinois that would otherwise be provided by a transit agency under the Americans with Disabilities Act of 1990.
 

Title IV: Motor Carrier Safety - 
Motor Carrier Safety Reauthorization Act of 2005 - 
Subtitle A: Commercial Motor Vehicle Safety - 
(Sec. 4101) Amends federal transportation law to authorize appropriations for FY2005-FY2009 for: (1) motor carrier safety grants; (2) administrative expenses of the Federal Motor Carrier Safety Administration (FMCSA); and (3) FMCSA grant programs, including commercial driver's license (CDL) program improvement grants, border enforcement grants, performance and registration information system management grants, grants for the commercial vehicle information systems and networks deployment program, and safety data improvement grants.
 
(Sec. 4102) Increases penalties for reporting and recordkeeping violations and for violations of out-of-service orders. Sets forth a criminal penalty of imprisonment for a term of not more than one year or a fine, or both, upon conviction for an employer that knowingly and willfully allows or requires an employee to operate a commercial motor vehicle in violation of an out-of-service order.
 
(Sec. 4103) Establishes a civil penalty of $1,000 per offense for denying the Secretary access to records or property with respect to commercial motor carrier safety and operators.
 
(Sec. 4104) Directs the Secretary to revoke (currently the Secretary is authorized to suspend) the registration of: (1) a motor carrier that has been prohibited from operating in interstate commerce for failure to comply with commercial motor vehicle safety fitness requirements; and (2) a motor carrier of passengers if the Secretary finds that such carrier has been conducting unsafe operations which are an imminent hazard to public health or property.
 
(Sec. 4105) Declares that nothing in federal transportation law relating to motor carriers of property shall be construed to prevent a state from requiring that, in the case of vehicles towed from private property without the owner's or operator's consent, towing companies have prior written consent from a property owner or lessee, or that the owner or lessee be present at the time, or both.
 
(Sec. 4106) Modifies the state plan procedures and contents required for state eligibility to receive federal grants for commercial motor carrier safety. 
 
(Sec. 4107) Directs the Secretary to establish safety performance criteria to be used to distribute high priority program funds. Authorizes the Secretary to set-aside $15 million for each of FY2006-FY2009 for states, local governments, and organizations representing government agencies to carry out high priority activities and projects that improve commercial motor vehicle safety and compliance with commercial motor vehicle safety regulations, increase public awareness and education, demonstrate new technologies, and reduce the number and rate of accidents involving commercial motor vehicles.
 
Authorizes the Secretary to make grants to states and local governments for new entrant motor carrier audits. Sets aside $29 million per fiscal year for such audits.
 
(Sec. 4108) Requires the Secretary to maintain data analysis capacity and programs that establish and implement a national motor carrier safety data correction system. Directs the Secretary to report to Congress on the status of revision of the safety fitness rating system of motor carriers.
 
(Sec. 4109) Revises requirements for design, participation, and funding for commercial vehicle safety information systems.
 
Authorizes the Secretary to make grants to states to implement performance and registration information system management requirements.
 
(Sec. 4110) Authorizes the Secretary to make border enforcement grants to states sharing a land border with another country (Canada or Mexico) for carrying out border commercial motor vehicle safety programs and related enforcement activities and projects.
 
 (Sec. 4111) Directs the Secretary to establish and implement a motor carrier and motor coach research and technology program that includes a multi-year research plan focusing on nonredundant innovative research. Prescribes procedural guidelines for research, development, and technology transfer activities. Limits the federal share of costs to 50%, unless there is substantial public interest or benefit associated with an activity.
 
(Sec. 4112) Allows Nebraska to exempt truck tractor and two trailers or semitrailers combinations of up to 81 feet, six inches, used only for harvesting wheat, soybeans, and milo for agricultural producers during the harvest months, from federal length limitations prohibiting the operation of certain sized commercial vehicle combinations on the Dwight D. Eisenhower System of Interstate and Defense Highways.
 
(Sec. 4113) Authorizes the Secretary to suspend, amend, or revoke any part of a motor carrier's registration if the Secretary finds that an officer of the carrier engages or has engaged in a pattern or practice of avoiding compliance, or masking or concealing noncompliance, with commercial motor vehicle safety regulations.
 
(Sec. 4114) Revises safety fitness requirements for a owner or operator of a commercial motor vehicle that transports passengers and hazardous materials. Prohibits such an owner or operator determined not fit to operate in interstate commerce from operating any commercial motor vehicle that affects interstate commerce, until the Secretary determines that such owner or operator is fit. Sets forth similar requirements for determinations of unfitness by the state.
 
 
(Sec. 4116) Establishes a Medical Review Board to provide FMCSA with medical advice and recommendations on medical standards and guidelines for the physical qualifications of operators of commercial motor vehicles, medical examiner education, and medical research. Directs the Secretary to establish, review, and revise medical standards for operators of commercial motor vehicles.
 
(Sec. 4117) Directs the Secretary to provide persons conducting preemployment screening services for the motor carrier industry electronic access to the following reports contained in the Motor Carrier Management Information System: (1) commercial motor vehicle accident reports; (2) inspection reports that contain no driver-related safety violations; and (3) serious driver-related safety violation inspection reports.
 
 
(Sec. 4118) Directs the Secretary to issue regulations establishing a program to ensure the safety of intermodal equipment used to transport intermodal containers. Authorizes the Secretary to inspect intermodal equipment, and copy related maintenance and repair records, on demand and display of proper credentials.
 
 
(Sec. 4119) Authorizes the Secretary to use specified funds to participate and cooperate in international activities to enhance motor carrier, commercial motor vehicle, driver, and highway safety by such means as exchanging information, conducting research, and examining needs, best practices, and new technology.
 
(Sec. 4120) Authorizes the Secretary to require a person (other than a motor carrier) transporting passengers by commercial motor vehicle, or a motor private carrier transporting property, to file with the Secretary evidence of financial responsibility in an amount not less than the greater of the minimum amount required under federal law or state law for bodily injury to, or death of, an individual resulting from the negligent operation, maintenance, or use of the commercial motor vehicle, or for loss or damage to property, or both.
 
(Sec. 4121) Requires deposit into the HTF (other than the Mass Transit Account), instead of the Treasury as miscellaneous receipts, of civil penalties for violations of requirements for minimum levels of financial responsibility for transporting passengers or property.
 
(Sec. 4122) Limits an individual who operates a commercial motor vehicle to only one learner's permit (as well as one driver's license) at any time. Revises federal CDL minimum standards to require an individual to pass a written test for a CDL license on the operation of a commercial motor vehicle that complies with certain minimum fitness standards. 
 
(Sec. 4123) Directs the Secretary to develop and publish a comprehensive national plan to modernize the CDL information system. Authorizes the Secretary to make grants to states to modernize their CDL information systems to be compatible with the modernized federal CDL information system plan. Sets the federal share of costs at 80%. Authorizes appropriations for FY2006-FY2009.
 
(Sec. 4124) Authorizes the Secretary to make a grant to a state to comply with federal requirements for or improve a CDL program.
 
(Sec. 4125) Amends the federal judicial code (and the portion known as the Hobbs Act) to subject all federal commercial motor carrier safety, operators, and motor carrier safety law and regulations to the exclusive jurisdiction of the appropriate U.S. Court of Appeals.
 
(Sec. 4126) Directs the Secretary to make grants to eligible states for the core deployment of commercial vehicle information systems and networks. 
 
(Sec. 4127) Directs the Secretary to conduct an outreach and education program administered by the FMCSA and the NHTSA. Authorizes appropriations for FY2006-FY2009.
 
Directs the Comptroller General to update the Government Accountability Office's evaluation of the &quot;Share the Road Safely&quot; program to determine if it has achieved reductions in the number and severity of commercial motor vehicle crashes, deaths, and injuries and to report its updated evaluation to Congress.
 
(Sec. 4128) Directs the Secretary to make grants to states to improve the commercial motor vehicle safety data reported to the Secretary. 
 
(Sec. 4129) Directs the Secretary to revise the final rule published in the Federal Register on September 3, 2003, to allow individuals who use insulin to treat their diabetes to operate commercial motor vehicles in interstate commerce. Prohibits the Secretary from requiring individuals to have experience operating commercial motor vehicles while using insulin in order to qualify to operate one.
 
(Sec. 4130) Amends the Motor Carrier Safety Improvement Act of 1999 to exempt from certain maximum driving and on-duty time regulations drivers transporting agricultural commodities or farm supplies for agricultural purposes during planting and harvest periods, if such transportation is limited to an area within a 100 air mile radius from the source of the commodities or the distribution point for the farm supplies.
 
(Sec. 4131) Provides that no additional off-duty time shall be required in order to operate ground water well drilling rigs.
 
(Sec. 4132) Provides that federal safety regulations, including hours of service, shall not apply to a driver of a utility service vehicle. Prohibits state and local governments from enacting any similar requirements.
 
(Sec. 4133) States that the maximum daily hours of service for an operator of a commercial motor vehicle providing transportation of property or passengers to or from a theatrical or television motion picture production site located within a 100 air mile radius of the operator's work reporting location shall be those in effect under specified regulations effective as of April 27, 2003. 
 
 
(Sec. 4134) Directs the Secretary to establish a grant program for training commercial motor vehicle operators in the safe use of such vehicles. Provides funding for FY2005-FY2009.
 
(Sec. 4135) Directs the Secretary to convene a task force to study, and report to Congress on, current impediments and foreseeable challenges to the CDL program's effectiveness and measures needed to realize its full safety potential. Provides funding for FY2006 and FY2007.
 
(Sec. 4136) States that federal motor carrier safety regulations that apply to Interstate operations of commercial motor vehicles used to transport between nine and 15 passengers (including the driver) shall apply to all Interstate operations of such carriers regardless of the distance traveled.
 
 
(Sec. 4137) Prohibits the Commercial Vehicle Safety Alliance from restricting the sale of inspection decals to FMCSA unless FMCSA fails to meet its responsibilities under its memorandum of understanding (MOU) with the Alliance (other than a failure due to FMCSA's compliance with federal law).
 
 
(Sec. 4138) Requires the Secretary, using HTF funds, to ensure that high-risk carrier compliance reviews are completed on motor carriers that have demonstrated through performance data that they pose the highest safety risk.
 
 
(Sec. 4139) Directs the FMCSA Administrator to conduct outreach and provide training to state personnel engaged in the enforcement of federal motor carrier safety regulations.
 
Directs the FMCSA Administrator to review and report to specified congressional committees on the degree to which Canadian and Mexican commercial motor vehicles, including motor carriers of passengers, currently operating or expected to operate in the United States comply with the U.S. motor vehicle safety standards.
 
 
(Sec. 4140) Requires the Secretary to recognize drivers who pass tests approved by the FMCSA as meeting the knowledge test requirement for a school bus endorsement.
 
 (Sec. 4141) Prohibits a state from prescribing or enforcing a regulation of commerce that imposes a vehicle length limitation of not less than or more than 97 feet on a drive-away saddlemount with fullmount vehicle transporter combinations.
 
(Sec. 4142) Requires the Secretary to register freight forwarders and brokers of household goods. Authorizes the Secretary to register other freight forwarders and brokers upon finding that such registration is needed for the protection of shippers. (Current law requires the registration of all freight forwarders and brokers, regardless of relation to household goods.)
 
 
(Sec. 4143) Amends federal criminal law to require a driver of a commercial motor vehicle to stop and submit to inspection of the vehicle, driver, cargo, and required records when directed to do so by an authorized FMCSA employee. Sets forth criminal penalties for knowing failure to do so or for leaving the inspection site without authorization. Grants FMCSA employees the authority to direct a driver of a commercial vehicle to stop for inspection at or in the vicinity of an inspection site.
 
(Sec. 4144) Establishes a motor carrier safety advisory committee in the FMCSA.
 
(Sec. 4146) Exempts through FY2009 from federal maximum driving and on-duty time regulations for a motor carrier driver the transportation of grapes west of Interstate 81 in the State of New York during a harvest period and within a 150-air mile radius from where the grapes are picked or distributed.
 
(Sec. 4147) Provides that certain commercial motor vehicle safety and maximum hours of service regulations shall not apply to a driver of a commercial motor vehicle which is used primarily in the transportation of propane winter heating fuel, or to a driver of a motor vehicle used to respond to a pipeline emergency, if such regulations would prevent the driver from responding to an emergency condition requiring immediate response.
 
(Sec. 4148) Directs the Secretary to conduct a rulemaking to permit a state licensed or certified marriage and family therapist to act as a substance abuse professional.
 
 
(Sec. 4149) Authorizes the Director of the Office of Intermodalism (within the Research and Innovative Technology Administration) to use certain funds, otherwise available for grants to states to develop model state intermodal transportation plans, to provide technical assistance for intermodal data collection.
 
Requires the Director to develop a national intermodal system improvement plan that assesses the national intermodal transportation system and makes recommendations for improving intermodal policy. Requires the Director to report biennially to Congress on the plan to improve the national intermodal transportation system. Authorizes appropriations for FY2006-FY2009.
 

 Subtitle B: Household Goods Transportation - 
Household Goods Mover Oversight Enforcement and Reform Act of 2005 - (Sec. 4203) Amends federal transportation law to require a carrier providing transportation for a shipment of household goods to give up possession of the goods at the destination upon payment of: (1) 100% of the transportation charges in a binding estimate; (2) no more than 110% of the charges in a nonbinding estimate; or (3) the prorated percentage of the charges in the case of a partial delivery. 
 
(Sec. 4204) Sets forth additional registration requirements for motor carriers of household goods. Authorizes the Secretary to register a person to provide such transportation only after the person: (1) provides evidence of participation in an arbitration program; (2) identifies its tariff; (3) provides evidence that it will observe all consumer protection laws; and (4) discloses relationships involving common stock, common ownership, common management, or common familial relationships with other motor carriers, freight forwarders, or broker of household goods within the past three years.
 
 
(Sec. 4205) Requires a motor carrier of household goods to: (1) conduct a physical survey of the household goods to be transported on behalf of a prospective shipper; and (2) provide the shipper with a written estimate of all charges (including a copy of the DOT publication FMCSA-ESA-03-005, or its successor edition or publication entitled &quot;Ready to Move&quot;, and a copy of DOT publication OCE 100, entitled &quot;Your Rights and Responsibilities When You Move&quot;).
 
(Sec. 4206) Limits state regulation of transportation of household goods to intrastate transportation.
 
Authorizes states to enforce federal consumer protection laws and regulations with respect to the interstate transportation of household goods. Requires FMCSA to implement an outreach plan to enhance the coordination and enforcement of such laws and regulations between and among federal and state law enforcement and consumer protection authorities.
 
(Sec. 4207) Makes the replacement value a carrier's maximum liability for household goods that are lost, damaged, destroyed, or otherwise not delivered to the final destination.
 
(Sec. 4208) Revises requirements for the dispute settlement program for household goods carriers to require a carrier to agree to offer arbitration to shippers of household goods as a means of settling disputes between such carriers and shippers concerning whether carrier charges, in addition to those collected at delivery, must be paid by the shipper.
 
Increases from $5,000 to $10,000 the claim threshold in a dispute between carrier and shipper that separates mandatory binding arbitration from binding arbitration only if the carrier agrees to shipper-requested arbitration.
 
(Sec. 4209) Sets forth civil and criminal penalties for: (1) a household goods transportation broker's making an estimate of the transportation costs before entering an agreement with a carrier; and (2) transportation of household goods or provision of related broker services without registration. 
 
(Sec. 4210) Prescribes civil and criminal penalties for carriers or brokers who hold household goods hostage.
 
(Sec. 4211) Directs the Secretary to: (1) take necessary action to ensure prominent display on the DOT website of the publication entitled &quot;Your Rights and Responsibilities When You Move;&quot; and (2) modify certain regulations to require a broker subject to them to provide actual or potential shippers with specified information whenever they have contact with them.
 
(Sec. 4213) Directs the Secretary to establish a working group of state attorneys general, state consumer protection administrators, and federal and local law enforcement officials in order to enhance federal-state enforcement efforts, exchange of information, and coordination of enforcement efforts regarding interstate transportation of household goods.
 
(Sec. 4214) Directs the Secretary to: (1) establish a filing system for consumer complaints relating to household goods carriers and for compiling complaint information on them gathered by DOT and the states, a database of the complaints, and a procedure for the public access to aggregated information and for carriers to challenge information in the database; (2) issue regulations requiring each household goods carrier to submit specified data on a quarterly basis; and (3) develop a procedure to forward a complaint to a motor carrier and the appropriate state authority.
 
(Sec. 4215) Directs the Surface Transportation Board to: (1) complete a review of current federal regulations regarding the level of liability protection provided by motor carriers providing transportation of household goods; and (2) revise them, if necessary, to provide enhanced protection in the case of loss or damage.
 
(Sec. 4216) Directs the Comptroller General to study and report to certain congressional committees on: (1) current consumer protection authorities and actions of the DOT; and (2) the impact on shippers and household goods carriers in interstate transportation of allowing state attorneys general to apply state consumer protection laws to such transportation.
 

Subtitle C: Unified Carrier Registration Act of 2005 - 
Unified Carrier Registration Act of 2005 - (Sec. 4303) Amends federal transportation law with regard to registered motor carriers or motor private carriers providing transportation or service under federal requirements. Requires a registered motor carrier (except a motor private carrier) to file a bond with the Secretary. Revises certain registration requirements.
 
 
(Sec. 4304) Directs the Secretary to issue regulations to establish an on-line Federal Unified Carrier Registration System (UCRS) to replace specified current systems. Requires the UCRS to serve as a clearinghouse and depository of information, and identification of, all motor private carriers (including others) required to register with the DOT, including information on the carrier's safety rating, compliance with required levels of financial responsibility, and compliance with certain state registration requirements. Directs the Secretary (who currently is authorized) to establish a fee system for the UCRS. Excludes from such registration requirements motor carriers, motor private carriers of property, or transporters of waste or recyclable materials operating exclusively in intrastate transportation.
 
(Sec. 4305) Eliminates requirements for a single state motor carrier registration system.
 
Establishes a Unified Carrier Registration Agreement (UCR Agreement), which shall govern the collection and distribution of registration and financial responsibility information provided and fees paid by motor carriers, motor private carriers, brokers, freight forwarders, and leasing companies. Establishes a Unified Carrier Registration Plan (UCR Plan) composed of an organization of state, federal, and motor carrier industry representatives responsible for developing, implementing and administering the UCR Agreement.
 
Requires states, to be eligible to participate in the UCR Plan or to receive revenues derived under the UCR Agreement, to submit to the Secretary a plan: (1) identifying the state agency to administer the UCR Agreement; and (2) demonstrating that an amount at least equal to the revenue derived by the state from the UCR Agreement will be used for motor carrier safety programs, enforcement, or the administration of the UCR Plan and UCR Agreement.
 
(Sec. 4306) Prohibits a state, political subdivision, interstate agency, or other political agency of two or more states from enacting or enforcing a law, rule, or regulation standard that requires a motor carrier, motor private carrier, freight forwarder, or leasing company to display any form of identification on or in a commercial motor vehicle, with specified exceptions.
 
(Sec. 4307) Authorizes amounts generated by the UCR Agreement and received by a state and used for motor carrier safety purposes to be included as part of the state's share (matching funds) not provided by the United States.
 

Subtitle D: Miscellaneous Provisions - 
(Sec. 4401) Requires the donee (corporation to which the Administrator of General Services donated a vessel) to transfer all its rights, title, and interest to the Administrator. Requires the Administrator to remove the vessel to a federal facility and sell it for fair market value. Requires as a condition of such conveyance that the vessel not be used within the United States or U.S. territorial seas. Authorizes appropriations.
 
(Sec. 4402) Amends the Coast Guard Authorization Act of 1998 to eliminate the reversionary condition from the conveyance of certain Coast Guard property to Jacksonville University in Jacksonville, Florida.
 
(Sec. 4403) Extends through FY2006-2007 the authorization of appropriations for financial assistance to any city government, village corporation, or tribal council of St. George, Alaska, or St. Paul, Alaska.
 
(Sec. 4404) Allows in the states of Alaska and Hawaii: (1) state legislature members to serve on the policy board of a MPO; and (2) a MPO to be redesignated as a result of changes in state law that define new requirements for the MPO policy board.
 
(Sec. 4405) Amends federal transportation law to provide that certain requirements for the permitted use by another person of a type certificate to manufacture a new aircraft, aircraft engine, propeller, or appliance shall not apply to a person who began the manufacture of an aircraft before August 5, 2004, if the name of the holder of the type certificate for the aircraft does not appear on the airworthiness certificate or identification plate of the aircraft.
 
 (Sec. 4406) Directs the Secretary of the Interior to execute instruments to release the condition on a portion of land adjacent to the community of Beaver, Alaska, (conveyed to the Beaver Kwit'chin Corporation pursuant to Patent No. 50-69-0130 and dated August 23, 1968) which requires such land to revert to the United States if it is not used for airport purposes. Requires the Beaver Kwit'chin Corporation to reconvey all its right, title, and interest in such land to any individual who occupies the land. Authorizes the Corporation to convey or retain the remaining land for community purposes.
 
(Sec. 4407) Enacts into law the reciprocal rights-of-way and easements identified on the map numbered 92337 and dated June 15, 2005.
 
(Sec. 4408) Provides for the transfer of Rialto Municipal Airport/Art Scholl Memorial Airport, California, subject to certain conditions.
 
(Sec. 4410) Designates the bridge joining the Island of Gravina to the community of Ketchican, Alaska, as the &quot;Ralph M. Bartholomew Veterans' Memorial Bridge&quot;.
 
(Sec. 4411) Designates the Knik Arm bridge in Alaska as &quot;Don Young's Way&quot;.
 
(Sec. 4412) Prohibits the Federal Energy Regulatory Commission (FERC) from ordering retroactive changes in TAPS quality bank adjustments for: (1) any period before February 1, 2000, in a proceeding commenced before enactment of this Act; and (2) any period that exceeds the 15-month period immediately preceding the earliest date of the first order of the FERC imposing quality bank adjustments in a proceeding. Defines such adjustments as monetary adjustments paid by or to a shipper of oil on the Trans Alaska Pipeline System through the operation of a quality bank to compensate for the value of the oil of the shipper that is commingled in the Pipeline.
 

Title V: Research - Subtitle A: Funding - 
(Sec. 5101) Authorizes appropriations for FY2005-FY2009 for the following programs, with a federal share of 50%: (1) surface transportation research, development, and deployment program; (2) training and education; (3) Bureau of Transportation Statistics; (4) university transportation research; (5) intelligent transportation systems (ITS) research; and (6) ITS deployment.
 
(Sec. 5102) Specifies an rising obligation ceiling upon such appropriations for each fiscal year.
 
(Sec. 5103) Declares that Congress finds that it is in the U.S. interest to increase the federal investment in transportation R&D (including research in critical research gaps) in order to ensure that the transportation system meets the goals of safety, mobility, economic vitality, efficiency, equity, and environmental protection.
 

Subtitle B: Research, Technology, and Education 
- (Sec. 5201) Amends federal highway law to revise requirements for the highway research, technology, and education program, including: (1) basic principles governing research and technology investments; (2) procurement for research, development, and technology transfer activities; (3) a transportation pooled fund program; and (4) an exploratory advanced research program (with an earmark of funds for FY2005-FY2009). 
 
Directs the Secretary to: (1) continue to carry out, through September 30, 2009, tests, monitoring, and data analysis under the long-term pavement performance program (with funds earmarked for FY2005-FY2009); (2) carry out a seismic research program in cooperation with the Center for Civil Engineering Research at the University of Nevada, Reno, and the the National Center for Earthquake Engineering Research at the University of Buffalo (with funds earmarked for FY2005-FY2009); and (3) operate in the FHA the Turner-Fairbank Highway Research Center. 
 
Authorizes appropriations for FY2006-FY2009 to carry out biobased research of national importance at the National Biodiesel Board and at certain sun grant research centers.
 
(Sec. 5202) Directs the Secretary to establish a 20-year long-term bridge performance program. Earmarks funds for FY2006-FY2009.
 
Revises the Innovative Bridge Research and Deployment Program. Earmarks funds for it for FY2005-FY2009. Earmarks funds for FY2006-FY2009 for high performance concrete bridge technology research and deployment.
 
Directs the Secretary to carry out a program to: (1) demonstrate the application of high-performing steel in the construction and rehabilitation of bridges; and (2) test steel bridges for growing cracks. Earmarks funds for FY2006-FY2009. Sets the federal share of program costs at 80%.
 
(Sec. 5203) Modifies the technology deployment program. Authorizes the Secretary to make grants to, and enter into cooperative agreements and contracts with, states, other federal agencies, universities and colleges, private sector entities, and nonprofit organizations to pay the federal share of the cost of research, development, and technology transfer activities concerning innovative materials.
 
Directs the Secretary to: (1) ensure that the information and technology resulting from research is made available to state and local transportation departments and other interested parties; (2) implement an innovative pavement research and deployment program; and (3) obligate funds through FY2009 to conduct research to improve asphalt pavement, concrete pavement, alternative materials used in highways, and aggregates used in highways on the NHS. Earmarks funds for FY2006-FY2009. 
 
Directs the Secretary to: (1) establish and implement a program to demonstrate the application of innovative technologies in highway safety; and (2) ensure that the information and technology resulting from such research is made available to state and local transportation departments. Earmarks funds for FY2006-FY2009.
 
Earmarks funds: (1) to purchase promotional items of nominal value for use in personnel recruitment and to promote programs of the FHA; (2) for FY2006-FY2007 for a demonstration at the University of Maine of the durability and potential efficacy of wood composite materials in multimodal transportation facilities (with a 100% federal share); (3) for FY2006 for asphalt and asphalt-related reclamation research at the South Dakota School of Mines; and (4) for FY2006-FY2009 for further development and deployment of techniques to prevent and mitigate alkali silica reactivity.
 
Makes funds available for FY2006-FY2009 for physical demonstrations of the ongoing work at the Turner-Fairbanks facility with respect to ultrahigh performance concrete with ductility.
 
(Sec. 5204) Modifies general course requirements for the training and education components offered by the National Highway Institute. Earmarks funds for FY2005-FY2009.
 
Modifies the Local Technical Assistance Program to require it to provide access to surface transportation technology to infrastructure security staff. Sets the federal share of the cost of tribal technical assistance center activities at 100%.
 
Directs the Secretary to establish the Garrett A. Morgan Technology and Transportation Education Program, including a transportation education development pilot program. Earmarks funds through FY2009.
 
Authorizes federal and state funding for surface transportation workforce development, training, and education.
 
Amends TEA-21 to require the Secretary to continue: (1) to carry out studies regarding the properties of asphalts and modified asphalts for the NHS; and (2) development and deployment through the New Jersey Institute of Technology to MPOs of the Transportation Economic and Land Use System. Earmarks funds for FY2005-FY2009.
 
Directs the Secretary to establish a freight planning capacity building initiative to support enhancements in freight transportation planning. States that the federal share of costs shall be up to 100%. Earmarks funds for FY2006-FY2009. 
 
Earmarks funds for FY2005-FY2009 for the Eisenhower Transportation Fellowship Program.
 
(Sec. 5206) Revises the International Highway Transportation Outreach Program to require the Secretary to report to Congress the destinations and individual trip costs of international travel conducted in carrying out program activities. Earmarks funds for FY2005-FY2009. 
 
(Sec. 5207) Modifies the surface transportation-environmental cooperative research program to authorize the Secretary to make grants to, and enter into cooperative agreements with, the National Academy of Sciences to carry out research, technology, and technology transfer activities. Earmarks funds for FY2006-FY2009.
 
(Sec. 5208) Amends federal highway law relating to transportation research and development strategic planning. Revises requirements for the Secretary's five-year transportation R&D strategic plan to guide federal transportation research and development activities. Repeals the specific mandate for an integrated surface transportation research and technology development strategic plan.
 
(Sec. 5209) Directs the Secretary to: (1) establish and support a national cooperative freight transportation research program; and (2) establish and implement the future strategic highway research program. Earmarks funds for FY2006-FY2009.
 
(Sec. 5211) Directs the Secretary to make grants to states to continue ITS management and operations in the Interstate Route 95 corridor coalition region initiated under ISTEA.
 

Subtitle C: Intelligent Transportation System Research - 
(Sec. 5301) Directs the Secretary to develop a five-year National ITS program plan that specifies goals and objectives for the research and deployment of ITS in the context of major and smaller metropolitan areas, rural areas, and commercial vehicle operations.
 
(Sec. 5302) Earmarks funds for each fiscal year for ITS outreach, public relations, displays, tours, and brochures.
 
(Sec. 5303) Requires funds made available under this subtitle for operational tests to l be used primarily for the development of ITS infrastructure. Declares that such funds, to the maximum extent practicable, shall not be used for the construction of physical highway and public transportation infrastructure unless the construction is incidental and critically necessary to the implementation of an ITS project.
 
 
(Sec. 5305) Directs the Secretary to conduct an ongoing ITS program to research, develop, and operationally test ITS, and provide technical assistance in the nationwide application of ITS as a component of U.S. surface transportation systems.
 
Directs the Secretary to: (1) maintain a repository (clearinghouse) for technical and safety data collected as a result of federally sponsored projects; and (2) establish an Advisory Committee.
 
(Sec. 5306) Directs the Secretary to carry out a comprehensive program of ITS research, development, and operational tests of intelligent vehicles and intelligent infrastructure systems.
 
(Sec. 5307) Directs the Secretary to develop a national architecture and supporting standards and protocols to promote the widespread use and evaluation of ITS technology. Authorizes development of provisional standards, until final standards are adopted, in order to achieve specified objectives in a timely fashion.
 
 
(Sec. 5308) Directs the Secretary to establish a road weather R&D program to enhance the development and use of road weather information and technologies. Earmarks funds for FY2006-FY2009.
 
(Sec. 5309) Directs the Secretary to establish four centers for surface transportation excellence in the areas of environment, surface transportation safety, rural safety, and project finance. Earmarks funds for FY2006-FY2009.
 

Subtitle D: University Transportation Research; Scholarship Opportunities - 
(Sec. 5401) Amends federal transportation law to eliminate the limitation to one national university transportation research center in each of the 10 federal regions that constitute the Standard Federal Regional Boundary System. (Thus allows the Secretary to make any number of such grants to eligible nonprofit institutions of higher education).
 
Requires each such center to advance significantly transportation research on critical national transportation issues and to expand the transportation professionals workforce.
 
Requires the Secretary to make grants of $2 million in FY2005 and $3.5 million in each of FY 2006-FY2009. Earmarks funds for FY2005-FY2009.
 
(Sec. 5402) Replaces the current advanced vehicle technologies program with a program of grants to nonprofit institutions of higher learning to establish and operate university transportation centers, including: (1) ten regional centers; (2) ten Tier I centers; and (3) 22 Tier II centers.
 
 
Earmarks funds for FY2005-FY2009.
 

Subtitle E: Other Programs - 
(Sec. 5501) Directs the Secretary to: (1) fund and carry out a project to further the development of a comprehensive transportation safety information management system (TSIMS); and (2) establish a surface transportation congestion solutions research initiative to assist state transportation departments and MPOs to address surface transportation congestion problems. Earmarks funds for FY2006-FY2009, except for the TSIMS project, for which funds are provided only for FY2006 and FY2007.
 
 
(Sec. 5503) Directs the Secretary to study and report to Congress on: (1) inefficiencies in freight transportation; (2) the safety, productivity, and reduced cost improvements that may be achieved through the use of wireless technologies to address those inefficiencies; and (3) field tests demonstrating such technologies. Earmarks funds for FY2006-FY2009.
 
 
(Sec. 5504) Directs the Secretary to establish a Center for Transportation Advancement and Regional Development to assist the development of rural and small metropolitan transportation systems. Earmarks funds for FY2006-FY2009.
 
 
(Sec. 5505) Authorizes the Secretary to establish and implement a scholarship program to attract qualified students for transportation-related critical jobs.
 
(Sec. 5506) Directs the Secretary to: (1) establish a program to validate commercial remote sensing products and spatial information technologies for application to national transportation infrastructure development and construction; (2) establish a national policy for the use of such products and technologies in national transportation infrastructure development and construction; and (3) develop new applications of such products and technologies to implement such policy. Earmarks funds for FY2006-FY2009. 
 
 
(Sec. 5507) Directs the Secretary to study and report to Congress on the feasibility of installing fiber optic cabling and wireless communication infrastructure along multistate Interstate System route corridors for improved communications services to rural communities. Earmarks funds for FY2006-FY2007.
 
(Sec. 5508) Amends TEA-21 to revise transportation technology innovation and demonstration program requirements, especially for intelligent transportation infrastructure (ITI). Splits the ITI program into two parts. Requires the Secretary: (1) in part I of the program to permit the original contractor to use uncommitted funds to deploy ITI systems in any specified deployment areas (currently, only in Pennsylvania), with the consent of the state transportation department; and (2) in part II of the program to award, on a competitive basis, contracts for the deployment of ITI systems in congested areas (metropolitan areas experiencing significant traffic congestion), again with state transportation department consent.
 
Declares that ITS projects under the program that involve privately owned ITS components, and carried out using HTF funds, shall not be subject to any state or local law prohibiting or regulating commercial activities in the rights-of-way of a highway for which federal-aid highway funds have been used for planning, design, construction, or maintenance, if the Secretary determines that such use is in the public interest. Authorizes appropriations for FY2005-FY2009.
 
(Sec. 5511) Requires the Secretary to provide grants to the Oklahoma Transportation Center for a comprehensive, in-depth motorcycle crash causation study that employs the common international methodology for in-depth motorcycle accident investigation of the Organization for Economic Cooperation and Development (OECD). Earmarks funds for FY2006 and F2007.
 
(Sec. 5512) Directs the Secretary to accelerate deployment of the Transportation Analysis Simulation System (TRANSIMS) developed by the Los Alamos National Laboratory. Earmarks funds for FY2006-FY2009.
 
(Sec. 5513) Directs the Secretary to make a grant to carry out a demonstration project that uses a thermal imaging inspection system (TIIS) that provides the capability to identify, in real time, faults and failures in tires, brakes, and bearings mounted on commercial motor vehicles. Earmarks funds for FY2006.
 
Directs the Secretary to make specified grants. Earmarks funds for them for FY2006-FY2009.
 
(Sec. 5514) Directs the Secretary to ensure that states provide for competition with respect to the specification of alternative types of culvert pipes through requirements commensurate with competition requirements for other construction materials.
 

Subtitle F: Bureau of Transportation Statistics - 
(Sec. 5601) Revises requirements for the Bureau of Transportation Statistics. Modifies the responsibilities of the Director.
 
Makes the Director responsible for building and disseminating the transportation layer of the National Spatial Data Infrastructure.
 
Directs the Secretary to arrange with the National Research Council to develop and publish a National Transportation Information Needs Assessment.
 
Sets forth fines for the failure or refusal of certain persons to answer questions or make records or statistics about collected freight data available upon request to the Director or other authorized Bureau staff or contractor.
 
Sets forth limits on the use of reports of the Bureau of Transportation Statistics.
 
Establishes an Advisory Council on Transportation Statistics to advise the Director.
 

Title VI: Transportation Planning and Project Delivery - 
(Sec. 6001) Amends federal highway law to revise metropolitan planning requirements to require MPOs to develop long-range transportation plans and transportation improvement programs (Tips) for metropolitan planning areas (MPAs) of the state.
 
Requires the designation of a MPO for each urbanized area with a population of more than 50,000 individuals: (1) by agreement between the Governor and units of general purpose local government that together represent at least 75% of the affected population (including the largest incorporated city as named by the Bureau of the Census); or (2) in accordance with procedures under state or local law.
 
Requires an MPO and the state Governor to determine the boundaries of an MPA. Allows retention of the boundaries of an MPA designated under the Clean Air Act as a nonattainment area for ozone or carbon monoxide.
 
Grants the consent of Congress to: (1) any two or more states to enter into agreements or compacts for cooperative efforts and mutual assistance in support of pertinent activities, and to establish agencies, joint or otherwise, for making the agreements and compacts effective; and (2) the states of California and Nevada to designate an MPO for the Lake Tahoe region.
 
Requires each MPO to: (1) prepare and update quadrennially a transportation plan for its MPA in accordance with specified requirements; and (2) develop and update quadrennially a TIP for its MPA.
 
Directs the Secretary to identify as a transportation management area (TMA) each urbanized area with a population of over 200,000 individuals.
 
Declares that projects, carried out within the boundaries of an MPA serving a TMA, on the NHS, and projects carried out within such boundaries under the bridge program or the Interstate maintenance program, shall be selected for implementation from the approved TIP by the State in cooperation with the designated MPA.
 
Directs each state to develop a statewide transportation plan and a statewide TIP for all areas subject to this Act, in coordination with other related transportation planning activities. Grants the consent of Congress to any two or more states to enter into agreements or compacts for cooperative efforts and mutual assistance in support of such activities, and to establish authorities for making the agreements and compacts effective.
 
Requires each state to develop: (1) a long-range statewide transportation plan, with a minimum 20-year forecast period for all areas of the state, that provides for the development and implementation of the state's intermodal transportation system; and (2) a statewide TIP, which shall be updated quadrennially.
 
(Sec. 6002) Sets forth procedural guidelines for project developments that require an environmental impact statement under the National Environmental Policy Act of 1969 (NEPA).
 
Declares DOT as the federal lead agency in an environmental review process for a project.
 
Designates as joint lead sponsor with DOT, for purposes of preparing any environmental document under NEPA, any project sponsor that is a either a state or local governmental recipient of federal-aid highway funds or federal mass transportation funds. 
 
Requires the lead agency to establish a plan coordinating public and agency participation in and comment on the environmental review process for a project.
 
Declares that nothing in this section shall affect the reviewability of any final federal agency action in a U.S. court or state court.
 
Repeals certain environmental streamlining requirements under TEA-21.
 
(Sec. 6003) Establishes a pilot program under which up to five states may assume the Secretary's responsibilities for environmental reviews, consultation, or decisionmaking or other actions required under federal law with respect to recreational trails program projects and certain transportation enhancement activities.
 
(Sec. 6004) Authorizes the Secretary to assign a state, under a memorandum of understanding, the responsibility for determining whether certain designated activities are categorically excluded from administrative requirements for environmental assessments.
 
 
(Sec. 6005) Directs the Secretary to carry out a surface transportation project delivery pilot program with up to five participating states, under which the Secretary may assign to a state specified responsibilities for environmental review or other action required under federal environmental law pertaining to the review or approval of a specific project.
 
(Sec. 6006) Includes among eligible NHS projects: (1) environmental restoration and pollution abatement; (2) establishment of plants to perform abatement of stormwater runoff, stabilization of soil, and/or aesthetic enhancement; and (3) management of plants which impair or impede the establishment, maintenance, or safe use of a transportation system.
 
Allows environmental restoration and pollution abatement to minimize or mitigate the impacts of specified transportation projects to address water pollution or environmental degradation caused wholly or partially by a transportation facility.
 
Makes funds available to control noxious weeds and aquatic noxious weeds and to establish native species, if such efforts are related to federally-funded transportation projects.
 
 
(Sec. 6007) Exempts the Interstate System from being considered a historic site under federal transportation law, regardless of whether the System or portions of it are eligible for or listed upon the National Register of Historic Places.
 
(Sec. 6008) Requires the Secretary when developing design criteria for new construction, reconstruction, resurfacing, restoration, or rehabilitation of a NHS highway to consider the publications: (1) &quot;Flexibility in Highway Design&quot; of the FHA; (2) &quot;Eight Characteristics of Process to Yield Excellence and the Seven Qualities of Excellence in Transportation Design&quot; developed by the 1998 conference entitled &quot;Thinking Beyond the Pavement National Workshop on Integrating Highway Development with Communities and the Environment while Maintaining Safety and Performance&quot;; and (3) any other material that the Secretary determines appropriate.
 
(Sec. 6009) Deems certain requirements calling for the preservation of parks, recreation areas, wildlife and waterfowl refuges, and historic sites with respect to the development of transportation plans and programs to be satisfied with respect to those areas if the Secretary determines, based on specified criteria, that the transportation program or project will have a de minimis impact on the areas.
 
 
Directs the Secretary to study the implementation of these requirements and commission an independent review of the study plan and methodology, and any associated conclusions, by the Transportation Research Board of the National Academy of Sciences.
 
(Sec. 6010) Directs the Secretary to establish categorical exclusions from environmental assessment requirements for activities that support the deployment of ITS.
 
Requires the Secretary to develop a nationwide programmatic agreement governing the review of activities that support the deployment of ITS and how such activities may affect historic sites listed in the National Register.
 
(Sec. 6011) Amends the Clean Air Act to change requirements for the frequency of updates to metropolitan transportation plans. Changes the minimum frequency with which transportation conformity must be demonstrated to every four years. Revises the conformity horizon for transportation plans.
 
Permits transportation control measures (TCMs) specified in a state implementation plan for national primary and secondary ambient air quality standards to be replaced or added to the plan with alternate or additional TCMs if the substitute measures achieve equivalent or greater emissions reductions, and certain other requirements are met.
 
(Sec. 6012) Amends TEA-21 to direct the Administrator of the EPA to: (1) study the ability of monitors to differentiate particulate matter larger than 2.5 micrometers in diameter (coarse particulate matter); (2) develop a method to measure directly the amount and composition of such matter; and (3) report to Congress.
 
(Sec. 6013) Requires the EPA Administrator to promulgate regulations for the review and handling of air quality monitoring data influenced by exceptional events.
 
(Sec. 6014) Directs the President to conduct a review of federal procurement policy of recycled coolant.
 
(Sec. 6015) Directs the Administrator of the EPA to establish a program for awarding competitive grants to state governmental entities, contracting entities, or nonprofit school transportation associations for the replacement, retrofit of, or purchase of alternative fuels for, certain existing school buses. Authorizes the Administrator of the EPA to award 50% grants for replacement of school buses with clean school buses (powered by a heavy duty engine operating solely on an alternative fuel or ultra-low sulfur diesel fuel). Requires the Administrator of the EPA to achieve nationwide deployment of clean school buses. Authorizes appropriations for FY2006-2010.
 
(Sec. 6016) Designates the city of Norman, Oklahoma, as part of the Oklahoma City urbanized area for purposes of allocating federal-aid highway program funds.
 
(Sec. 6017) Amends the Solid Waste Disposal Act to direct the Administrator of the EPA and each agency head to implement fully all procurement requirements and incentives, including federal procurement guidelines, that provide for the use of cement and concrete incorporating recovered mineral component in cement or concrete projects.
 
Requires each agency head to give priority to achieving greater use of recovered mineral component in cement or concrete projects.
 
Directs the Administrator of the EPA to study and report to Congress on the extent to which current procurement requirements may realize energy savings and environmental benefits attainable with substitution of recovered mineral component in cement used in cement or concrete projects.
 
(Sec. 6018) Directs the Administrator of the EPA to establish criteria for the safe and environmentally protective use of granular mine tailings (&quot;chat&quot;) from the Tar Creek, Oklahoma, Mining District, for: (1) cement or concrete projects; and (2) transportation construction projects (including those involving the use of asphalt) carried out using federal funds.
 

 Title VII: Hazardous Materials Transportation - 
Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005
 - Subtitle A: General Authorities on Transportation of Hazardous Materials -
 (Sec. 7103) Expands the scope of federal safe transportation of hazardous materials (hazmat) regulations to include persons who: (1) design or inspect a packaging or packaging component represented as qualified for use in transporting hazardous material in commerce; (2) prepare or accept hazardous material for transportation in commerce; (3) are responsible for the safety of transporting it; (4) certify compliance with any requirement under such regulations; or (4) misrepresent whether they are engaged in such activities. 
 
(Sec. 7104) Directs the Secretary of Health and Human Services to recommend to the Secretary any chemical or biological material or agent for regulation as a hazardous material if such material or agent poses a significant risk to the health of individuals. 
 
(Sec. 7105) Requires the Director of the Transportation Security Administration (TSA) to: (1) develop a process to notify an employer if an applicant fails to meet specified standards; and (2) report to Congress on the implementation of fingerprint-based security threat assessments and the adequacy of fingerprinting locations, personnel, and resources to accomplish timely processing of such assessments for individuals holding CDLs who are applying to renew hazmat endorsements.
 
Requires a state with standards for applicants for a hazmat endorsement to a CDL to provide an appeal process for applicants that have been denied such an endorsement.
 
Prohibits the operator of a commercial motor vehicle licensed in Mexico or Canada from operating in the United States a commercial motor vehicle transporting hazardous material until the operator has undergone a background records check.
 
(Sec. 7109) Authorizes the Secretary to require persons who design or inspect a package or packaging component represented as qualified for use in transporting hazardous material in commerce to file a registration statement with the Secretary. Prohibits such persons from designing or inspecting such package or packaging component if such statement is not filed. Requires the Secretary to establish, impose, and collect a filing fee from such persons. Reduces such filing fee from a maximum amount of $5,000 to $3,000.
 
(Sec. 7110) Requires the person who provides a hazmat transportation shipping paper to retain it, or an electronic format of it, for two years after it is provided to the carrier, with the paper and format accessible through the shipper's principal places of business.
 
 (Sec. 7111) Repeals the condition that rail tank cars built before January 1, 1971, may be used to transport hazardous material in commerce only if the air brake equipment support attachments of the car comply with specified standards.
 
(Sec. 7112) Subjects to certain civil and criminal penalties owners and operators transporting hazardous materials who operate in interstate commerce despite being determined unfit to so operate.
 
(Sec. 7113) Revises requirements relating to: (1) the training curriculum for public sector hazmat emergency response and preparedness teams; (2) naming of a certain account for making planning and training grants as the Hazardous Materials Emergency Preparedness Fund; (3) special hazmat transportation variance permits; (4) uniform forms and procedures for state registration and permits for hazmat transportation; (5) hazmat transportation safety and security; (6) enforcement and increased civil and criminal penalties; (7) preemption of state law; and (8) U.S. Court of appeals review of final DOT actions relating to hazmat transportation that adversely affect a person.
 
(Sec. 7125) Authorizes appropriations for FY2005-2009 for implementation of federal safe hazmat transportation regulations.
 
Authorizes appropriations for FY2005-FY2008 for: (1) the Hazardous Materials Emergency Preparedness Fund; and (2) hazmat training grants. 
 Authorizes appropriations for DOT for issuance of hazmat licenses.
 
(Sec. 7127) Amends federal criminal law to exempt from certain federal crimes regarding the importation, manufacture, distribution, and storage of explosive materials aspects of the transportation of explosive materials via railroad, water, highway, or air that pertain to safety (including security), and are regulated by the DOT or the Department of Homeland Security.
 
(Sec. 7129) Exempts from certain DOT hazmat transportation plan requirements surface transportation activities of a farmer that are in direct support of farming operations and conducted within a 150-mile radius of such operations.
 
(Sec. 7130) Directs the Comptroller General to review and report to Congress on existing options and determine additional options for discovering the amount of undeclared hazmat shipments entering the United States.
 
(Sec. 7131) Directs the Administrator of the Pipeline and Hazardous Materials Safety Administration to contract with the National Academy of Sciences to carry out the nine research projects called for in the 2005 Special Report 283 of the Transportation Research Board entitled &quot;Cooperative Research for Hazardous Materials Transportation: Defining the Need, Converging on Solutions.&quot; Directs the Secretary to report to Congress on the need to establish a cooperative research program on hazmat transportation. Earmarks funds for FY2006-FY2009.
 
(Sec. 7132) Requires the Secretary to provide funding to the Operation Respond Institute to design, build, and operate a seamless first responder hazmat incident detection, preparedness, and response system. Requires the system to include an expansion of the Operation Respond Emergency Information System (OREIS).
 
Authorizes appropriations for FY2005-FY2008.
 
(Sec. 7133) Directs the Secretary to study and report to Congress on the economic, environmental, and homeland security advantages and disadvantages of operating a common carrier pipeline system in the states of Texas, Louisiana, Mississippi, and Alabama for the transportation of aromatic chemicals.
 
 

Subtitle B: Sanitary Food Transportation - 
Sanitary Food Transportation Act of 2005 - (Sec. 7202) Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary of Health and Human Services to require shippers, motor vehicle or rail vehicle carriers, receivers, and other persons engaged in the transportation of food to use sanitary transportation practices prescribed by the Secretary of Health and Human Services to avoid adulteration.
 
(Sec. 7203) Revises sanitary food transportation requirements. Requires the Secretary to: (1) establish procedures for transportation safety inspections in order to identify suspected incidents of contamination or adulteration of food, carcass, meat, and poultry products; and (2) develop and carry out a program to train inspectors, and DOT, state, and certain other personnel in the recognition of adulteration problems associated with the transportation of cosmetics, devices, drugs, food, and food additives, including procedures for obtaining assistance of federal and state agencies to support the enforcement.
 
Requires the Secretary to notify the Secretary of Health and Human Services or the Secretary of Agriculture, as applicable, of any instances of potential food contamination or adulteration of food identified during transportation safety inspections.
 

Subtitle C: Research and Innovative Technology Administration - 
(Sec. 7301) Authorizes the Administrator of the Food and Drug Administration (FDA) to enter into grants and cooperative agreements with federal, state, and local agencies, other public entities, private organizations, and other persons to conduct research into transportation service and infrastructure assurance and carry out other FDA research activities.
 

Title VIII: Transportation Discretionary Spending Guarantee - 
(Sec. 8001) Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to set forth discretionary spending for certain budget accounts under the highway and mass transit categories for FY2005-FY2009.
 
 
(Sec. 8002) Makes specified adjustments to align highway spending with revenues. Sets forth an estimated level of highway receipts for FY2005-FY2009. Requires the budgets submitted to Congress by the President for FY2007-FY2010 to include certain adjustments to the limits on outlays for the highway and the mass transit category as calculated by the Office of Management and Budget (OMB).
 
(Sec. 8003) Sets forth obligation limitations for FY2005-FY2009 for the highway and the mass transit category. 
 
(Sec. 8005) States that, for purposes of a specified House rule, it shall be in order to transfer funds from the FTA's administrative expenses account to other specified mass transit budget accounts under the Gramm-Rudman-Hollings Act. 
 
 
 
Title IX: Rail Transportation -
 (Sec. 9001) Amends federal transportation law governing high-speed rail corridor development to make eligible for federal financial assistance any corridor planning activity that involves the acquisition of locomotives, rolling stock, track, and signal equipment. Authorizes appropriations for high-speed rail assistance for FY2006-FY2013. 
 
(Sec. 9002) Directs the Secretary to carry out a grant program to provide financial assistance to states for the cost of local rail line relocation and improvement projects. Authorizes appropriations for FY2006-FY2009.
 
(Sec. 9003) Amends the Railroad Revitalization and Regulatory Reform Act of 1976 to require the Secretary (who is currently authorized) to provide direct loans and loan guarantees for railroad rehabilitation projects to: (1) interstate compacts consented to by Congress; and (2) limited option rail freight shippers that own or operate a plant or other facility served by no more than a single railroad, but only to construct a rail connection between a plant and a second rail carrier.
 
Requires the Secretary, among existing priorities for granting such direct loans or guaranteed loans, to include projects that: (1) enhance service and capacity in the national rail system; or (2) would materially alleviate rail capacity problems which degrade the provision of service to shippers, and would fulfill a need in the national transportation system. 
 
Increases: (1) from $3.5 billion to $35 billion the aggregate unpaid principal amounts of obligations under such direct loans and loan guarantees; and (2) from at least $1 billion to at least $7 billion the portion of that amount available solely for projects primarily benefiting freight railroads other than Class I carriers. Requires the Secretary to approve or disapprove an application for a direct loan or loan guarantee within 90 days after receiving the application.
 
(Sec. 9004) Directs the Secretary to study and report to Congress on the impact of blocked highway-railroad grade crossings on the ability of emergency responders to perform public safety and security duties.
 
(Sec. 9005) Amends federal transportation law to direct the Federal Railroad Administration (FRA) to: (1) require each track owner using continuous welded rail (CWR) track to include in the plan filed with the FRA procedures to improve the identification of cracks in rail joint bars; (2) require FRA track inspectors to use a railroad's most recent CWR programs when conducting track inspections; and (3) establish a program to review periodically CWR joint bar inspection data from railroads and FRA track inspectors.
 
Directs the FRA to: (1) validate a predictive model to quantify the relevant dynamic forces acting on railroad tank cars under accident conditions; and (2) initiate a rulemaking to develop and implement appropriate design standards for pressurized tank cars.
 
Requires the FRA to: (1) conduct a comprehensive analysis to determine the impact resistance of the steels in the shells of pressure tank cars constructed before 1989; and (2) report to Congress, including any recommendations for reducing any risk of catastrophic fracture and separation of such cars.
 
(Sec. 9006) Directs the Secretary to make grants to the Alaska Railroad for capital rehabilitation and improvements benefiting its passenger operations. Authorizes appropriations.
 
(Sec. 9007) Directs the Secretary to enter into an arrangement with the Transportation Research Board of the National Academy of Sciences to conduct a study, and report the results to Congress, of the Nation's railroad transportation system since the enactment of the Staggers Rail Act of 1980. Authorizes appropriations for FY2006 and FY2007.
 
(Sec. 9008) Transfers to the Maritime Administration any funds for an intermodal or marine facility constituting a component of the Hawaii Port Infrastructure Expansion Program. Makes such facilities eligible: (1) for funding for capital projects for buses and bus-related equipment and facilities; and (2) to be an intermodal surface freight transfer facility. Authorizes appropriations.
 

Title X: Miscellaneous Provisions - Subtitle A: Sportfishing and Recreational Boating Safety - 
Sportfishing and Recreational Boating Safety Act of 2005 - 
Chapter 1: Dingell-Johnson Sport Fish Restoration Act Amendments
 - (Sec. 10112) Amends the Dingell-Johnson Sport Fish Restoration Act to make appropriations from the Sport Fish Restoration and Boating Trust Fund (previously the Sport Fish Restoration Account) for each fiscal year available during all succeeding fiscal years. (Currently, such appropriations are available only for the immediately succeeding fiscal year.) 
 
(Sec. 10113) Specifies percentages of the balance of annual FY2006-FY2009 appropriations remaining after certain expenditures which shall be distributed for: (1) coastal wetlands; (2) boating safety; (3) certain waste water treatment projects under the Clean Vessel Act of 1992; (4) boating infrastructure project grants for facilities for transient nontrailerable recreational vessels; and (5) the National Outreach and Communications Program. Transfers certain unobligated funds to the Secretary of the department in which the Coast Guard is operating for state recreational boating safety programs.
 
 
(Sec. 10118) Earmarks $3 million from the Fund for FY2006-FY2009 for sport fish restoration projects under the multistate conservation grant program.
 
(Sec. 10119) Sets forth certain expenditures from the Boating Safety Account for FY2006-FY2010.
 
 

Chapter 2: Clean Vessel Act Amendments
 - (Sec. 10131) Amends the Clean Vessel Act of 1992 to eliminate the requirement that the Secretary of the Interior give priority consideration to grant applications that in coastal states propose constructing and renovating pumpout stations and waste reception facilities in accordance with a coastal state's plan under the Clean Vessel Act of 1992.
 

 Chapter 3: Recreational Boating Safety Program Amendments
 - (Sec. 10141) Renames the Boat Safety Account the Sport Fish Restoration and Boating Trust Fund.
 
(Sec. 10142) Increases from two to three years the period of an allocation to a state for its recreational boating safety program.
 
(Sec. 10143) Increases the allocation of certain funds available for payment of expenses of the Coast Guard for personnel and activities directly related to coordinating and carrying out the national recreational boating safety program.
 

Subtitle B: Other Miscellaneous Provisions - 
(Sec. 10201) Directs the Secretary to notify each state awarded a grant or federal funds of requirements calling for the participation of small business concerns.
 
(Sec. 10202) Directs the Secretary, the Secretary of Health and Human Services, and the Secretary of Homeland Security, acting through the Under Secretary for Emergency Preparedness and Response, to establish a Federal Interagency Committee on Emergency Medical Services in order to: (1) ensure coordination among the federal agencies involved with state, local, tribal, or regional emergency medical services and 9-1-1 systems; and (2) recommend new or expanded programs (including grant programs) for improving such services and implementing improved emergency medical services communications technologies, including wireless 9-1-1.
 
(Sec. 10203) Amends the Small Business Act regarding historically underutilized business zones (HUBzones) to extend the definition of a qualified nonmetropolitan county in which a HUBzone may be located to one containing a difficult development area, as designated by the Secretary of Housing and Urban Development, within Alaska, Hawaii, or any territory or possession of the United States outside the 48 contiguous States.
 
(Sec. 10204) Directs the Secretary and the Secretary of Homeland Security, in coordination with the Gulf Coast and contiguous states, jointly to review, assess, and report to Congress on federal and state evacuation plans for catastrophic hurricanes impacting the Gulf Coast Region.
 
(Sec. 10205) Transfers to the Administrator of the Maritime Administration any federal and nonfederal funds for an intermodal transportation maritime facility at the Port of Anchorage, Alaska (or for access to such facility).
 
(Sec. 10206) Sets forth certain eligibility requirements for a community to participate in the western Alaska community development quota program.
 
(Sec. 10207) Authorizes appropriations for FY2006-FY2010 for specified rail rehabilitation and bridge repair projects in Alabama.
 
(Sec. 10208) Amends federal transportation law to provide that a motor vehicle owner that rents or leases the vehicle to a person shall not be liable under state law for harm to persons or property that results or arises out of the vehicle's use during the rental or lease period if: (1) the owner is engaged in the trade or business of renting or leasing motor vehicles; and (2) there is no negligence or criminal wrongdoing on the owner's part.
 
(Sec. 10209) Directs the Commandant of the Coast Guard, in order to provide for both safety of commercial and military aviation operations and the support of resource management in the remote Pacific, to develop a memorandum of understanding and make grants to provide for the operation, maintenance, development, of the Midway Airport, and the rightsizing of necessary infrastructure and support facilities.
 
(Sec. 10210) Directs the Secretary to establish a demonstration initiative using digital simulation to plan, design, and construct various transportation projects related to the DestiNY USA project, New York, New York.
 
(Sec. 10211) Authorizes the Administrator of the EPA to treat an Indian tribe in Oklahoma as a state for purposes of the administration of environmental programs, provided certain requirements are met.
 
 
(Sec. 10212) Rescinds a specified amount of unobligated balances of funds apportioned before September 30, 2009, to states for the Interstate maintenance, national highway system, bridge, congestion mitigation and air quality improvement, surface transportation (other than the STP set-aside programs), metropolitan planning, minimum guarantee, Appalachian development highway system, recreational trails, safe routes to school, freight intermodal connectors, coordinated border infrastructure, high risk rural road, and highway safety improvement programs.
 
(Sec. 10213) Repeals the requirement that the Secretary of the Interior take into trust for the Tribe's benefit any land the Shawnee Tribe, Cherokee Nation, or any other Indian Tribe transfers to the Secretary within the state boundaries of Oklahoma.
 

Subtitle C: Specific Vehicle Safety-Related Rulings - 
(Sec. 10301) Directs the Secretary to initiate rulemaking to establish performance criteria and standards to: (1) reduce the occurrence of rollovers of vehicles weighing up to 1,000 pounds; (2) reduce ejections of vehicle occupants from outboard seating positions; and (3) upgrade certain federal standards relating to door locks, door retention, and roof strength for driver and passenger sides.
 
 
(Sec. 10302) Directs the Secretary to complete a rulemaking proceeding to establish a standard to enhance passenger motor vehicle occupant protection (in all seating positions) in side impact crashes.
 
(Sec. 10303) Directs the Secretary to report to Congress on research on tire aging.
 
(Sec. 10304) Directs the NHTSA Administrator to study and report to Congress on effective methods (vehicle backover avoidance technology) for reducing the incidence of injury and death outside of parked passenger motor vehicles weighing up to 1,000 pounds attributable to movement of such vehicles.
 
 
(Sec. 10305) Directs NHTSA to establish a method to collect and maintain data on the number and types of injuries and deaths involving such motor vehicles in non-traffic incidents.
 
(Sec. 10306) Directs the Secretary to review safety belt use technologies to consider possible revisions in strategies for achieving further gains in safety belt use.
 
(Sec. 10307) Amends the Automobile Information Disclosure Act to require manufacturers to include government safety rating information on new automobile labels, or to note the absence of such a test or rating.
 
Authorizes appropriations for FY2006-FY2010 to accelerate the testing processes and increasing the number of vehicles tested under the NHTSA New Car Assessment Program.
 
(Sec. 10308) Requires the Secretary to upgrade Federal Motor Vehicle Safety Standard 118 to require that power windows in motor vehicles weighing up to 1,000 pounds have switches that raise the window only when the switch is pulled up or out.
 
 
(Sec. 10309) Directs the Secretary to require the testing of 15-passenger vans as part of the rollover resistance program of the NHTSA New Car Assessment Program. Prohibits a school or school system from purchasing or leasing new 15-passenger vans that do not comply with motor vehicle safety standards prescribed for school buses and multifunction school activity buses. Sets forth penalties for violations of such requirements.
 
 
(Sec. 10310) Authorizes appropriations for FY2006-FY2009 for certain motor vehicle and driver programs.
 

Title XI: Highway Reauthorization and Excise Tax Simplification - Subtitle A: Trust Fund Reauthorization
 - (Sec. 1101) (sic) Amends the Internal Revenue Code to extend through FY2011: (1) the 7.3 cents per gallon tax rate on fuel for certain buses; (2) the increased tax rate for special motor fuels; (3) the increased tax rate for methanol or ethanol fuel; (4) the excise tax on heavy trucks and trailers sold at retail; (5) the excise tax on tires; (6) the increased tax rate for gasoline, diesel fuel, and kerosene; (7) the highway motor vehicle use tax; (8) the period for floor stock refunds for taxes on tires and certain taxable fuels; (9) the exemption from tax for certain tax-free sales and for use of certain heavy vehicles; and (10) authority for certain tax transfers to and expenditures from the Highway Trust Fund.
 
Extends through FY2009 expenditure authority for the Highway Trust Fund and Aquatic Resources Trust Fund.
 
(Sec. 1102) Extends from 24 to 48 months the period for estimating net highway tax receipts for purposes of adjusting apportionments to states for federal highway-aid programs.
 

Subtitle B: Excise Tax Reform and Simplification - Part 1: Highway Excise Taxes - 
(Sec. 1111) Exempts limousines with a gross vehicle weight greater than 6,000 pounds from the gas guzzler excise tax.
 
(Sec. 1112) Exempts from the excise tax on heavy trucks and trailers sold at retail certain tractors weighing 19,500 pounds or less (33,000 pounds or less if combined with a trailer or semitrailer).
 
(Sec. 1113) Imposes a tax of 24.3 cents per gallon on liquefied natural gas, any liquid fuel derived from coal, and liquid hydrocarbons derived from biomass and a tax of 18.3 cents per gallon on compressed natural gas.
 
Allows an excise tax credit for alternative fuels and fuel mixtures sold for use as fuel in a highway vehicle. Terminates such credit after FY2009 (FY2014 for any sale or use involving liquefied hydrogen). Requires taxpayers to register with the Secretary to be eligible for a tax credit.
 

Part 2: Aquatic Excise Taxes - 
(Sec. 1115) Repeals the authority for transfers to the Boat Safety Account in the Aquatic Resource Trust Fund and phases out transfers to such Account through FY2011.
 
Establishes in the Treasury the Sport Fish Restoration and Boating Trust Fund.
 
(Sec. 1116) Exempts commercial cargo exported from the United States from the harbor maintenance tax.
 
(Sec. 1117) Limits the excise tax on fishing rods or poles to the lesser of 10 percent or $10.
 

Part 3: Aerial Excise Taxes - 
(Sec. 1121) Provides that an aerial applicator of agricultural fertilizer or other substances that is the ultimate purchaser of gasoline used on farms may qualify for an excise tax exemption for such gasoline without the necessity of a waiver by farm owners, operators, or tenants of their right to be treated as users and ultimate purchasers of such gasoline. Includes within such tax exemption gasoline used for the direct flight between the airfield and one or more farms.
 
Exempts fixed-wing aircraft used for forestry purposes from the passenger air transportation tax unless such aircraft uses federally-funded airports and airway services.
 
(Sec. 1122) Expands the definition of rural airports for purposes of the air transportation tax to include an airport that is not connected by paved roads to another airport.
 
(Sec. 1123) Exempts from the air transportation tax: (1) noncommercial transportation by seaplanes that do not use airports receiving assistance from the Airport and Airways Trust Fund; and (2) certain sightseeing aircraft.
 

Part 4: Taxes Relating to Alcohol - 
(Sec. 1125) Repeals the special occupational taxes on producers and marketers of alcoholic beverages and on the nonbeverage or industrial use of distilled spirits. Revises and adds registration, recordkeeping, and inspection requirements for wholesale and retail dealers of distilled spirits.
 
(Sec. 1126) Allows certain wholesalers, distillers, and importers of distilled spirits an income tax credit for the average carrying costs of the excise tax on distilled spirits.
 
(Sec. 1127) Permits taxpayers with distilled spirit tax liabilities of not more than $50,000 to file quarterly tax reports (instead of semimonthly reports).
 

Part 5: Sport Excise Taxes - 
(Sec. 1131) Exempts from the firearms excise tax taxpayers who manufacture, produce, or import less than 50 pistols, revolvers, or firearms annually.
 

Subtitle C: Miscellaneous Provisions - 
(Sec. 1141) Establishes a Motor Vehicle Fuel Tax Enforcement Advisory Commission to assist in the administration of motor vehicle fuel excise taxes. Authorizes the Commission to obtain data directly from any U.S. agency or department. Terminates the Commission on September 30, 2009.
 
(Sec. 1142) Establishes a National Surface Transportation Infrastructure Financing Commission to study the funding of, and alternative approaches to generating revenues for, the Highway Trust Fund. Authorizes the Commission to obtain data directly from any US agency. Directs the Commission to submit a final report to the Secretaries of Transportation, the Treasury, and to specified congressional committees within two years of its first meeting.
 
(Sec. 1143) Authorizes the issuance of tax-exempt facility bonds for qualified highway or qualified surface freight transfer facilities.
 
(Sec. 1144) Directs the Secretary of the Treasury to study the use of highway motor fuel by trucks for non-transportation purposes and to report to Congress on such study by January 1, 2007.
 
(Sec. 1145) Directs the Commissioner of the Internal Revenue Service (IRS) to report to specified congressional committees on the availability of new technologies, including the use of forensic or chemical molecular markers, to enhance collections of diesel fuel excise tax.
 
(Sec. 1146) Permits the tax-free acquisition of a railroad real estate investment trust by a state.
 
(Sec. 1147) Imposes certain limitations on transfers to the Leaking Underground Storage Tank Trust Fund.
 

Subtitle D: Highway-Related Technical Corrections - 
(Sec. 1151) Makes technical or clerical corrections to: (1) the American Jobs Creation Act of 2004 relating to refunds for excise tax on certain alcohol fuels and the termination date for the 21.8-cent per gallon rate for noncommercial aviation jet fuel; (2) the Transportation Equity Act for the 21st Century; and (3) the Energy Tax Incentives Act of 2005.
 

Subtitle E: Preventing Fuel Fraud - 
(Sec. 1161) Revises excise tax rates for kerosene used in commercial and noncommercial aviation.
 
Directs the Secretary to transfer certain tax revenues from aviation fuel from the Highway Trust Fund to the Airport and Airway Trust Fund beginning in FY2006 through FY2011.
 
(Sec. 1162) Repeals provisions authorizing ultimate vendors to file diesel fuel and kerosene refund claims on behalf of farmers.
 
(Sec. 1163) Permits credit card companies registered with the IRS to file fuel excise tax refund claims on behalf of state and local governments.
 
(Sec. 1164) Requires all entities, other than publicly-traded corporations, that are required to register with the Secretary of the Treasury for purposes of the excise tax on taxable fuels to reregister upon a change of ownership. Imposes additional penalties for failure to reregister.
 
(Sec. 1165) Amends the Trade Act of 2002 to require the Secretary of Homeland Security to establish an electronic data interchange system to enable US Customs and Border Protection to electronically transmit to the IRS information on cargoes of any taxable fuels.
 
(Sec. 1166) Requires operators of deep-draft vessels to register with the Secretary for purposes of bulk transfer excise tax exemptions, unless such operators use such vessels exclusively for the entry of taxable fuel.
 
(Sec. 1167) Imposes a $10,000 penalty on any person who knowingly transfers for resale, sells, or holds out for resale diesel fuel that does not comply with Environmental Protection Agency (EPA) low sulfur diesel regulations. Dedicates penalty revenues to the Highway Trust Fund. 


Legislative actions:
action_date: 2005-08-10
text: Became Public Law No: 109-59.
action_date: 2005-08-10
text: Became Public Law No: 109-59.
action_date: 2005-08-10
text: Signed by President.
action_date: 2005-08-10
text: Signed by President.
action_date: 2005-08-10
text: Presented to President.
action_date: 2005-08-10
text: Presented to President.
action_date: 2005-07-29
text: Cleared for White House.
action_date: 2005-07-29
text: Pursuant to the provisions of H. Con. Res. 226, enrollment corrections on H.R. 3 have been made.
action_date: 2005-07-29
text: Senate agreed to conference report by Yea-Nay Vote. 91 - 4. Record Vote Number: 220.
action_date: 2005-07-29
text: Conference report agreed to in Senate: Senate agreed to conference report by Yea-Nay Vote. 91 - 4. Record Vote Number: 220.
action_date: 2005-07-29
text: Conference report considered in Senate. (consideration: CR S9398-9418)
action_date: 2005-07-29
text: Conference papers: message on House action held at the desk in Senate.
action_date: 2005-07-29
text: On agreeing to the conference report Agreed to by the Yeas and Nays: 412 - 8 (Roll no. 453).
action_date: 2005-07-29
text: Motions to reconsider laid on the table Agreed to without objection.
action_date: 2005-07-29
text: Conference report agreed to in House: On agreeing to the conference report Agreed to by the Yeas and Nays: 412 - 8 (Roll no. 453).
action_date: 2005-07-29
text: DEBATE - The House resumed debate on the conference report to accompany H.R. 3.
action_date: 2005-07-29
text: DEBATE - The House proceeded with one hour of debate on the conference report to accompany H.R. 3.
action_date: 2005-07-29
text: Mr. Young (AK) brought up conference report H. Rept. 109-203 for consideration under the provisions of H. Res. 399. (consideration: CR H7571-7583)
action_date: 2005-07-29
text: Rule H. Res. 399 passed House.
action_date: 2005-07-29
text: Rules Committee Resolution H. Res. 399 Reported to House. Rule provides for consideration of the conference report to H.R. 3. All points of order against the conference report and against its consideration are waived. The rule provides that the conference report shall be considered as read. The rule provides that the Clerk shall not transmit to the Senate a message that it has adopted the conference report to accompany H.R. 3 until the House has received a message that the Senate has agreed to House Concurrent Resolution 226 as adopted by the House.
action_date: 2005-07-28
text: Conference report H. Rept. 109-203 filed. (text of conference report: CR H7043-7550)
action_date: 2005-07-28
text: Conference report filed: Conference report H. Rept. 109-203 filed.(text of conference report: CR H7043-7550)
action_date: 2005-07-28
text: Conferees agreed to file conference report.
action_date: 2005-07-28
text: Conference committee actions: Conferees agreed to file conference report.
action_date: 2005-06-09
text: Conference held.
action_date: 2005-06-09
text: Conference committee actions: Conference held.
action_date: 2005-05-26
text: Senate insists on its amendment, agrees to request for a conference, appoints conferees Inhofe; Warner; Bond; Voinovich; Chafee; Murkowski; Thune; DeMint; Isakson; Vitter; Grassley; Hatch; Shelby; Allard; Stevens; Lott; Jeffords; Baucus; Lieberman; Boxer; Carper; Clinton; Lautenberg; Obama; Conrad; Inouye; Rockefeller; Sarbanes; Reed; Johnson. (consideration: CR S6060)
action_date: 2005-05-26
text: Message on House action received in Senate and at desk: House requests a conference.
action_date: 2005-05-26
text: The Speaker appointed a conferee for consideration of the House bill and Senate amendment, and modifications committed to conference: DeLay.
action_date: 2005-05-26
text: The Speaker appointed conferees from the Committee on Ways and Means, for consideration of Title X of the House bill, and Title V of the Senate amendment, and modifications committed to conference: Thomas, McCrery, and Rangel.
action_date: 2005-05-26
text: The Speaker appointed conferees from the Committee on Science, for consideration of secs. 2010, 3013, 3015, 3034, 3039, 3041, 4112, and Title V of the House bill, and Title II and secs. 6014, 6015, 6036, 7118, 7212, 7214, 7361, and 7370 of the Senate amendment, and modifications committed to conference: Ehlers, Reichert, and Gordon.
action_date: 2005-05-26
text: The Speaker appointed conferees from the Committee on Rules, for consideration of secs. 8004 and 8005 of the House bill, and modifications committed to conference: Dreier, Capito, and McGovern.
action_date: 2005-05-26
text: The Speaker appointed conferees from the Committee on Resources, for consideration of secs. 1119, 3021, 6002, and 6003 of the House bill, and secs. 1501, 1502, 1505, 1511, 1514, 1601, 1603, 6040, and 7501-7518 of the Senate amendment, and modifications committed to conference: Pombo, Walden (OR), and Kind.
action_date: 2005-05-26
text: The Speaker appointed conferees from the Committee on the Judiciary, for consideration of secs. 1211, 1605, 1812, 1832, 2013, 2017, 4105, 4201, 4202, 4214, 7018-7020, and 7023 of the House bill, and secs. 1410, 1512, 1513, 6006, 6029, 7108, 7113, 7115, 7338, 7340, 7343, 7345, 7362, 7363, 7406, 7407, and 7413 of the Senate amendment, and modifications committed to conference: Sensenbrenner, Smith (TX), and Conyers.
action_date: 2005-05-26
text: The Speaker appointed conferees from the Committee on Homeland Security, for consideration of secs. 1834, 6027, 7324, and 7325 of the Senate amendment, and modifications committed to conference: Cox, Lungren, Daniel E., and Thompson (MS).
action_date: 2005-05-26
text: The Speaker appointed conferees from the Committee on Government Reform, for consideration of sec. 4205 of the House bill, and sec. 2101 of the Senate amendment, and modifications committed to conference: Davis, Tom, Platts, and Waxman.
action_date: 2005-05-26
text: The Speaker appointed conferees from the Committee on Energy and Commerce, for consideration of provisions in the House bill and Senate amendment relating to Clean Air Act provisions of transportation planning contained in secs. 6001 and 6006 of the House bill, and secs. 6005 and 6006 of the Senate amendment; and secs. 1210, 1824, 1833, 5203, and 6008 of the House bill, and secs. 1501, 1511, 1522, 1610-1619, 1622, 4001, 4002, 6016, 6023, 7218, 7223, 7251, 7252, 7256-7262, 7324, 7381, 7382, and 7384 of the Senate amendment, and modifications committed to conference: Barton (TX), Pickering, and Dingell.
action_date: 2005-05-26
text: The Speaker appointed conferees from the Committee on Education and the Workforce, for consideration of secs. 1118, 1605, 1809, 3018, and 3030 of the House bill, and secs. 1304, 1819, 6013, 6031, 6038, and 7603 of the Senate amendment, and modifications committed to conference: Kline, Keller, and Barrow.
action_date: 2005-05-26
text: The Speaker appointed conferees from the Committee on the Budget, for consideration of secs. 8001-8003 of the House bill, and Title III of the Senate amendment, and modifications committed to conference: Nussle, Diaz-Balart, M., and Spratt.
action_date: 2005-05-26
text: The Speaker appointed conferees from the Committee on Transportation and Infrastructure, for consideration of the House bill (except title X) and the Senate amendment (except title V), and modifications committed to conference: Young (AK), Petri, Boehlert, Coble, Duncan, Mica, Hoekstra, LaTourette, Bachus, Baker, Miller, Gary, Hayes, Simmons, Brown (SC), Graves, Shuster, Boozman, Oberstar, Rahall, DeFazio, Costello, Norton, Nadler, Menendez, Brown, Corrine, Filner, Johnson, E. B., Taylor (MS), Millender-McDonald, Cummings, Blumenauer, and Tauscher.
action_date: 2005-05-26
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2005-05-26
text: On motion that the House instruct conferees Failed by the Yeas and Nays: 189 - 223 (Roll no. 227).
action_date: 2005-05-26
text: The previous question was ordered without objection.
action_date: 2005-05-26
text: DEBATE - The House proceeded with one hour of debate on the Oberstar motion to instruct conferees. The instructions contained in the motion seek to require the managers on the part of the House to insist on a level of funding for highway, transit, and highway and motor carrier safety programs equal to the level of funding provided in the House passed version of H.R. 3 ($283.9 billion); and to insist on the additional resources necessary to increase the guaranteed rate of return for States to not less than 92 percent while ensuring that each State receives no less than it is provided under H.R. 3.
action_date: 2005-05-26
text: Mr. Oberstar moved that the House instruct conferees.
action_date: 2005-05-26
text: On motion that the House disagree to the Senate amendment, and request a conference Agreed to without objection. (consideration: CR S6060-6061)
action_date: 2005-05-26
text: Mr. Young (AK) asked unanimous consent that the House disagree to the Senate amendment, and request a conference.
action_date: 2005-05-25
text: Message on Senate action sent to the House.
action_date: 2005-05-18
text: Senate ordered measure printed as passed.
action_date: 2005-05-17
text: Passed Senate with an amendment by Yea-Nay. 89 - 11. Record Vote Number: 125. (text: CR 5/20/2005 S5582-5714)
action_date: 2005-05-17
text: Passed/agreed to in Senate: Passed Senate with an amendment by Yea-Nay. 89 - 11. Record Vote Number: 125.(text: CR 5/20/2005 S5582-5714)
action_date: 2005-05-17
text: Considered by Senate. (consideration: CR S5256-5282)
action_date: 2005-05-16
text: Considered by Senate. (consideration: CR S5197-5215)
action_date: 2005-05-13
text: Considered by Senate. (consideration: CR S5189-5190)
action_date: 2005-05-12
text: Considered by Senate. (consideration: CR S5014-5062)
action_date: 2005-05-11
text: Considered by Senate. (consideration: CR S4896-4906, S4906-4929)
action_date: 2005-05-10
text: Cloture motion presented in Senate. (consideration: CR S4854; text: CR S4854)
action_date: 2005-05-10
text: Considered by Senate. (consideration: CR S4849-4859)
action_date: 2005-05-09
text: Considered by Senate. (consideration: CR S4614-4637, S4639-4640)
action_date: 2005-04-28
text: Considered by Senate. (consideration: CR S4452-4463, S4465-4475)
action_date: 2005-04-27
text: Considered by Senate. (consideration: CR S4370-4377, S4380-4384)
action_date: 2005-04-26
text: Measure laid before Senate by motion.
action_date: 2005-04-26
text: Motion to proceed to consideration of measure agreed to in Senate by Unanimous Consent.
action_date: 2005-04-26
text: Cloture on motion to proceed to consideration of measure invoked in Senate by Yea-Nay Vote. 94 - 6. Record Vote Number: 110. (consideration: CR S4235; text: CR S4235)
action_date: 2005-04-26
text: Motion to proceed to measure considered in Senate by Unanimous Consent. (consideration: CR S4230-4235, S4236-4237, S4237-4252)
action_date: 2005-04-25
text: Motion to proceed to measure considered in Senate by Unanimous Consent. (consideration: CR S4162-4167)
action_date: 2005-04-22
text: Cloture motion on the motion to proceed to the measure presented in Senate.
action_date: 2005-04-22
text: Motion to proceed to consideration of measure made in Senate. (consideration: CR S4157)
action_date: 2005-04-06
text: Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 69.
action_date: 2005-03-20
text: Received in the Senate.
action_date: 2005-03-10
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2005-03-10
text: On passage Passed by the Yeas and Nays: 417 - 9 (Roll no. 65).
action_date: 2005-03-10
text: Passed/agreed to in House: On passage Passed by the Yeas and Nays: 417 - 9 (Roll no. 65).
action_date: 2005-03-10
text: On motion to recommit with instructions Failed by recorded vote: 190 - 235 (Roll no. 64).
action_date: 2005-03-10
text: The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H1323)
action_date: 2005-03-10
text: Floor summary: DEBATE - The House proceeded with ten minutes of debate on the Higgins motion to recommit with instructions.
action_date: 2005-03-10
text: Mr. Higgins moved to recommit with instructions to Transportation and Ways and Means.
action_date: 2005-03-10
text: The House adopted the amendments en gross as agreed to by the Committee of the Whole House on the state of the Union.
action_date: 2005-03-10
text: The previous question was ordered pursuant to the rule. (consideration: CR H1322-1324; text: CR H1323)
action_date: 2005-03-10
text: The House rose from the Committee of the Whole House on the state of the Union to report H.R. 3.
action_date: 2005-03-10
text: UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question of adoption of amendments which had been debated earlier and on which further proceedings had been postponed.
action_date: 2005-03-10
text: DEBATE - Pursuant to a previous order of the House and H. Res. 144, the Committee of the Whole proceeded with ten minutes of final debate.
action_date: 2005-03-10
text: The House resolved into Committee of the Whole House on the state of the Union for further consideration.
action_date: 2005-03-10
text: Considered as unfinished business. (consideration: CR H1314-1324)
action_date: 2005-03-10
text: Committee of the Whole House on the state of the Union rises leaving H.R. 3 as unfinished business.
action_date: 2005-03-10
text: VACATING PROCEEDINGS - Mr. Oberstar asked unanimous consent that the proceedings by which the question was put on the Barton amendment be vacated and the Chair announced that the amendment was adopted pursuant to the previous voice vote.
action_date: 2005-03-10
text: DEBATE - Pursuant to the provisions of H. Res. 144, the Committee of the Whole proceeded with 10 minutes of debate on the Flake amendment.
action_date: 2005-03-10
text: DEBATE - Pursuant to the provisions of H. Res. 144, the Committee of the Whole proceeded with 10 minutes of debate on the Shadegg amendment.
action_date: 2005-03-10
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Barton amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Oberstar demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day
action_date: 2005-03-10
text: DEBATE - Pursuant to the provisions of H. Res. 144, the Committee of the Whole proceeded with 10 minutes of debate on the Barton amendment.
action_date: 2005-03-10
text: DEBATE - Pursuant to the provisions of H. Res. 144, the Committee of the Whole proceeded with 10 minutes of debate on the Honda amendment.
action_date: 2005-03-10
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Pitts amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Petri demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
action_date: 2005-03-10
text: DEBATE - Pursuant to the provisions of H. Res. 144, the Committee of the Whole proceeded with 10 minutes of debate on the Pitts amendment.
action_date: 2005-03-10
text: DEBATE - Pursuant to the provisions of H. Res. 144, the Committee of the Whole proceeded with 10 minutes of debate on the Rogers (MI) amendment.
action_date: 2005-03-10
text: DEBATE - Pursuant to the provisions of H. Res. 144, the Committee of the Whole proceeded with 10 minutes of debate on the Pascrell amendment.
action_date: 2005-03-10
text: VACATING PROCEEDINGS - Mr. Oberstar asked unanimous consent that the proceedings by which the question was put on the Burgess amendment be vacated and that the question be put again. Agreed to without objection.
action_date: 2005-03-10
text: DEBATE - Pursuant to the provisions of H. Res. 144, the Committee of the Whole proceeded with 10 minutes of debate on the Issa amendment.
action_date: 2005-03-10
text: DEBATE - Pursuant to the provisions of H. Res. 144, the Committee of the Whole proceeded with 10 minutes of debate on the Burgess amendment.
action_date: 2005-03-10
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Burgess amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Burgess demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
action_date: 2005-03-10
text: DEBATE - Pursuant to the provisions of H. Res. 144, the Committee of the Whole proceeded with 10 minutes of debate on the Burgess amendment.
action_date: 2005-03-10
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Tom Davis (VA) amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Oberstar demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
action_date: 2005-03-10
text: DEBATE - Pursuant to the provisions of H. Res. 144, the Committee of the Whole proceeded with 10 minutes of debate on the Tom Davis (VA) amendment.
action_date: 2005-03-10
text: DEBATE - Pursuant to the provisions of H. Res. 144, the Committee of the Whole proceeded with 30 minutes of debate on the Young (AK) amendment.
action_date: 2005-03-10
text: The House resolved into Committee of the Whole House on the state of the Union for further consideration.
action_date: 2005-03-10
text: Considered as unfinished business. (consideration: CR H1272-1314)
action_date: 2005-03-10
text: Rule H. Res. 144 passed House.
action_date: 2005-03-09
text: Rules Committee Resolution H. Res. 144 Reported to House. Rule provides for consideration of H.R. 3. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. No further general debate (except for the final period contemplated in H. Res. 140) shall be in order. Specified amendments are in order.
action_date: 2005-03-09
text: Committee of the Whole House on the state of the Union rises leaving H.R. 3 as unfinished business.
action_date: 2005-03-09
text: UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question of adoption of amendments which had been debated earlier and on which further proceedings had been postponed.
action_date: 2005-03-09
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Graves amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Oberstar demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
action_date: 2005-03-09
text: DEBATE - Pursuant to the provisions of H. Res. 140, the Committee of the Whole proceeded with 20 minutes of debate on the Graves amendment.
action_date: 2005-03-09
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Kennedy (MN) amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Kennedy (MN) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
action_date: 2005-03-09
text: DEBATE - Pursuant to the provisions of H. Res. 140, the Committee of the Whole proceeded with 20 minutes of debate on the Kennedy (MN) amendment.
action_date: 2005-03-09
text: DEBATE - Pursuant to the provisions of H. Res. 140, the Committee of the Whole proceeded with 10 minutes of debate on the Cox amendment.
action_date: 2005-03-09
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Osborne amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Osborne demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
action_date: 2005-03-09
text: DEBATE - Pursuant to the provisions of H. Res. 140, the Committee of the Whole proceeded with 10 minutes of debate on the Osborne amendment.
action_date: 2005-03-09
text: DEBATE - Pursuant to the provisions of H. Res. 140, the Committee of the Whole proceeded with 10 minutes of debate on the Kuhl amendment.
action_date: 2005-03-09
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Moran (KS) amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Oberstar demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
action_date: 2005-03-09
text: DEBATE - Pursuant to the provisions of H. Res. 140, the Committee of the Whole proceeded with 10 minutes of debate on the Moran (KS) amendment.
action_date: 2005-03-09
text: DEBATE - Pursuant to the provisions of H. Res. 140, the Committee of the Whole proceeded with 10 minutes of debate on the Kuhl amendment.
action_date: 2005-03-09
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Conaway amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that thenoes had prevailed. Mr. Conaway demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
action_date: 2005-03-09
text: DEBATE - Pursuant to the provisions of H. Res. 140, the Committee of the Whole proceeded with 10 minutes of debate on the Conaway amendment.
action_date: 2005-03-09
text: DEBATE - Pursuant to the provisions of H. Res. 140, the Committee of the Whole proceeded with 10 minutes of debate on the Boozman amendment.
action_date: 2005-03-09
text: GENERAL DEBATE - The Committee of the Whole proceeded with two hours and twenty minutes of general debate on H.R. 3.
action_date: 2005-03-09
text: The Speaker designated the Honorable Vito Fossella to act as Chairman of the Committee.
action_date: 2005-03-09
text: House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 140 and Rule XVIII.
action_date: 2005-03-09
text: Rule provides for consideration of H.R. 3 with 2 hours and 20 minutes of general debate. All points of order against the consideration of the bill are waived. The amendment in the nature of a substitute recommended by the Committee on Transportation and Infrastructure now printed in the bill, modified by the amendment printed in part A of the report of the Committee on Rules accompanying this resolution shall be considered as adopted in the House and in the Committee of the Whole. The bill, as amended, shall be considered as the original bill for the purpose of further amendment under the five-minute rule. Measure will be considered read. Specified amendments are in order. After disposition of the amendments in part B, the Committee shall rise without motion. No further consideration of the bill shall be in order except pursuant to a subsequent order of the House.
action_date: 2005-03-09
text: Considered under the provisions of rule H. Res. 140. (consideration: CR H1038-1205; text of measure as reported in House: CR H1055-1184)
action_date: 2005-03-09
text: Rule H. Res. 140 passed House.
action_date: 2005-03-08
text: Rules Committee Resolution H. Res. 140 Reported to House. Rule provides for consideration of H.R. 3 with 2 hours and 20 minutes of general debate. All points of order against the consideration of the bill are waived. The amendment in the nature of a substitute recommended by the Committee on Transportation and Infrastructure now printed in the bill, modified by the amendment printed in part A of the report of the Committee on Rules accompanying this resolution shall be considered as adopted in the House and in the Committee of the Whole. The bill, as amended, shall be considered as the original bill for the purpose of further amendment under the five-minute rule. Measure will be considered read. Specified amendments are in order. After disposition of the amendments in part B, the Committee shall rise without motion. No further consideration of the bill shall be in order except pursuant to a subsequent order of the House.
action_date: 2005-03-08
text: Supplemental report filed by the Committee on Transportation, H. Rept. 109-12, Part II.
action_date: 2005-03-08
text: Supplemental report filed by the Committee on Transportation, H. Rept. 109-12, Part II.
action_date: 2005-03-07
text: Placed on the Union Calendar, Calendar No. 5.
action_date: 2005-03-07
text: Reported (Amended) by the Committee on Transportation. H. Rept. 109-12, Part I.
action_date: 2005-03-07
text: Reported (Amended) by the Committee on Transportation. H. Rept. 109-12, Part I.
action_date: 2005-03-02
text: Ordered to be Reported (Amended) by Voice Vote.
action_date: 2005-03-02
text: Committee Consideration and Mark-up Session Held.
action_date: 2005-03-02
text: Subcommittee on Highways, Transit and Pipelines Discharged.
action_date: 2005-02-14
text: Sponsor introductory remarks on measure. (CR E226)
action_date: 2005-02-10
text: Referred to the Subcommittee on Highways, Transit and Pipelines.
action_date: 2005-02-09
text: Referred to the House Committee on Transportation and Infrastructure.
action_date: 2005-02-09
text: Introduced in House
action_date: 2005-02-09
text: Introduced in House

Enacted as: number: 109-59