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Conference Report (H. Rept. 109-203)

Conference Report (H. Rept. 109-203)

22-639

2005
109TH CONGRESS 1ST SESSION Report
HOUSE OF REPRESENTATIVES Report

109-203

SAFE, ACCOUNTABLE, FLEXIBLE, EFFICIENT

TRANSPORTATION EQUITY ACT: A LEGACY FOR USERS

CONFERENCE REPORT

of the

COMMITTEE OF CONFERENCE

on

H.R. 3

[Graphic image not available]

22-639

109TH CONGRESS

Report

HOUSE OF REPRESENTATIVES

1st Session

109-203

--SAFE, ACCOUNTABLE, FLEXIBLE, EFFICIENT TRANSPORTATION EQUITY ACT: A LEGACY FOR USERS

July 28, 2005- Ordered to be printed

Mr. YOUNG of Alaska, from the committee on conference, submitted the following

CONFERENCE REPORT

[To accompany H.R. 3]

    The committee of conference on the disagreeing votes of the two Houses on the amendment of the Senate to the bill (H.R. 3), to authorize funds for Federal-aid highways, highway safety programs, and transit programs, and for other purposes, having met, after full and free conference, have agreed to recommend and do recommend to their respective Houses as follows:

    That the House recede from its disagreement to the amendment of the Senate and agree to the same with an amendment as follows:

    In lieu of the matter proposed to be inserted by the Senate amendment, insert the following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title- This Act may be cited as the `Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users' or `SAFETEA-LU'.

    (b) Table of Contents-
Sec. 1. Short title; table of contents.
Sec. 2. General definitions.
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A--Authorization of Programs
Sec. 1101. Authorization of appropriations.
Sec. 1102. Obligation ceiling.
Sec. 1103. Apportionments.
Sec. 1104. Equity bonus program.
Sec. 1105. Revenue aligned budget authority.
Sec. 1106. Future Interstate System routes.
Sec. 1107. Metropolitan planning.
Sec. 1108. Transfer of highway and transit funds.
Sec. 1109. Recreational trails.
Sec. 1110. Temporary traffic control devices.
Sec. 1111. Set-asides for Interstate discretionary projects.
Sec. 1112. Emergency relief.
Sec. 1113. Surface transportation program.
Sec. 1114. Highway bridge program.
Sec. 1115. Highway use tax evasion projects.
Sec. 1116. Appalachian development highway system.
Sec. 1117. Transportation, community, and system preservation program.
Sec. 1118. Territorial highway program.
Sec. 1119. Federal lands highways.
Sec. 1120. Puerto Rico highway program.
Sec. 1121. HOV facilities.
Sec. 1122. Definitions.
Subtitle B--Congestion Relief
Sec. 1201. Real-time system management information program.
Subtitle C--Mobility and Efficiency
Sec. 1301. Projects of national and regional significance.
Sec. 1302. National corridor infrastructure improvement program.
Sec. 1303. Coordinated border infrastructure program.
Sec. 1304. High priority corridors on the National Highway System.
Sec. 1305. Truck parking facilities.
Sec. 1306. Freight intermodal distribution pilot grant program.
Sec. 1307. Deployment of magnetic levitation transportation projects.
Sec. 1308. Delta region transportation development program.
Sec. 1309. Extension of public transit vehicle exemption from axle weight restrictions.
Sec. 1310. Interstate oasis program.
Subtitle D--Highway Safety
Sec. 1401. Highway safety improvement program.
Sec. 1402. Worker injury prevention and free flow of vehicular traffic.
Sec. 1403. Toll facilities workplace safety study.
Sec. 1404. Safe routes to school program.
Sec. 1405. Roadway safety improvements for older drivers and pedestrians.
Sec. 1406. Safety incentive grants for use of seat belts.
Sec. 1407. Safety incentives to prevent operation of motor vehicles by intoxicated persons.
Sec. 1408. Improvement or replacement of highway features on National Highway System.
Sec. 1409. Work zone safety grants.
Sec. 1410. National Work Zone Safety Information Clearinghouse.
Sec. 1411. Roadway safety.
Sec. 1412. Idling reduction facilities in Interstate rights-of-way.
Subtitle E--Construction and Contract Efficiency
Sec. 1501. Program efficiencies.
Sec. 1502. Highways for LIFE pilot program.
Sec. 1503. Design build.
Subtitle F--Finance
Sec. 1601. Transportation Infrastructure Finance and Innovation Act amendments.
Sec. 1602. State infrastructure banks.
Sec. 1603. Use of excess funds and funds for inactive projects.
Sec. 1604. Tolling.
Subtitle G--High Priority Projects
Sec. 1701. High Priority Projects program.
Sec. 1702. Project authorizations.
Sec. 1703. Technical amendments to transportation projects.
Subtitle H--Environment
Sec. 1801. Construction of ferry boats and ferry terminal facilities.
Sec. 1802. National Scenic Byways Program.
Sec. 1803. America's Byways Resource Center.
Sec. 1804. National historic covered bridge preservation.
Sec. 1805. Use of debris from demolished bridges and overpasses.
Sec. 1806. Additional authorization of contract authority for States with Indian reservations.
Sec. 1807. Nonmotorized transportation pilot program.
Sec. 1808. Addition to CMAQ-eligible projects.
Subtitle I--Miscellaneous
Sec. 1901. Inclusion of requirements for signs identifying funding sources in title 23.
Sec. 1902. Donations and credits.
Sec. 1903. Inclusion of Buy America requirements in title 23.
Sec. 1904. Stewardship and oversight.
Sec. 1905. Transportation development credits.
Sec. 1906. Grant program to prohibit racial profiling.
Sec. 1907. Pavement marking systems demonstration projects.
Sec. 1908. Inclusion of certain route segments on Interstate System and NHS.
Sec. 1909. Future of surface transportation system.
Sec. 1910. Motorist information concerning full service restaurants.
Sec. 1911. Approval and funding for certain construction projects.
Sec. 1912. Lead agency designation.
Sec. 1913. Bridge construction, North Dakota.
Sec. 1914. Motorcyclist Advisory Council.
Sec. 1915. Loan forgiveness.
Sec. 1916. Treatment of off ramp.
Sec. 1917. Opening of Interstate ramps.
Sec. 1918. Credit to State of Louisiana for State matching funds.
Sec. 1919. Road user fees.
Sec. 1920. Transportation and local workforce investment.
Sec. 1921. Update of obsolete text.
Sec. 1922. Technical amendments to nondiscrimination section.
Sec. 1923. Transportation assets and needs of Delta region.
Sec. 1924. Alaska Way Viaduct study.
Sec. 1925. Community enhancement study.
Sec. 1926. Budget justification.
Sec. 1927. 14th Amendment Highway and 3rd Infantry Division Highway.
Sec. 1928. Sense of Congress regarding Buy America.
Sec. 1929. Designation of Daniel Patrick Moynihan Interstate Highway.
Sec. 1930. Designation of Thomas P. `Tip' O'Neill, Jr. Tunnel.
Sec. 1931. Richard Nixon Parkway, California.
Sec. 1932. Amo Houghton Bypass.
Sec. 1933. Billy Tauzin Energy Corridor.
Sec. 1934. Transportation improvements.
Sec. 1935. Project flexibility.
Sec. 1936. Advances.
Sec. 1937. Roads in closed basins.
Sec. 1938. Technology.
Sec. 1939. BIA Indian Road Program.
Sec. 1940. Going-to-the-Sun Road, Glacier National Park, Montana.
Sec. 1941. Beartooth Highway, Montana.
Sec. 1942. Opening of airfield at Malmstrom Air Force Base, Montana.
Sec. 1943. Great Lakes ITS implementation.
Sec. 1944. Transportation construction and remediation, Ottawa County, Oklahoma.
Sec. 1945. Infrastructure awareness program.
Sec. 1946. Gateway rural improvement pilot program.
Sec. 1947. Eligible safety improvements.
Sec. 1948. Emergency service route.
Sec. 1949. Knik Arm Bridge funding clarification.
Sec. 1950. Lincoln Parish, LA/I-20 Transportation Corridor Program.
Sec. 1951. Bonding assistance program.
Sec. 1952. Congestion relief.
Sec. 1953. Authorization of appropriations.
Sec. 1954. Bicycle transportation and pedestrian walkways.
Sec. 1955. Conveyance to the City of Ely, Nevada.
Sec. 1956. Brownfields grants.
Sec. 1957. Traffic circle construction, Clarendon, Vermont.
Sec. 1958. Limitation on project approval.
Sec. 1959. Cross harbor freight movement project.
Sec. 1960. Denali access system program.
Sec. 1961. I-95/Contee Road interchange study.
Sec. 1962. Multimodal facility improvements.
Sec. 1963. Apollo Theater leases.
Sec. 1964. Project Federal share.
TITLE II--HIGHWAY SAFETY
Sec. 2001. Authorization of appropriations.
Sec. 2002. Highway safety programs.
Sec. 2003. Highway safety research and outreach programs.
Sec. 2004. Occupant protection incentive grants.
Sec. 2005. Grants for primary safety belt use laws.
Sec. 2006. State traffic safety information system improvements.
Sec. 2007. Alcohol-impaired driving countermeasures.
Sec. 2008. NHTSA accountability.
Sec. 2009. High visibility enforcement program.
Sec. 2010. Motorcyclist safety.
Sec. 2011. Child safety and child booster seat incentive grants.
Sec. 2012. Safety data.
Sec. 2013. Drug-impaired driving enforcement.
Sec. 2014. First responder vehicle safety program.
Sec. 2015. Driver performance study.
Sec. 2016. Rural State emergency medical services optimization pilot program.
Sec. 2017. Older driver safety; law enforcement training.
Sec. 2018. Safe intersections.
Sec. 2019. National Highway Safety Advisory Committee technical correction.
Sec. 2020. Presidential Commission on Alcohol-Impaired Driving.
Sec. 2021. Sense of the Congress in support of increased public awareness of blood alcohol concentration levels and dangers of alcohol-impaired driving.
Sec. 2022. Effective date.
TITLE III--PUBLIC TRANSPORTATION
Sec. 3001. Short title.
Sec. 3002. Amendments to title 49, United States Code; updated terminology.
Sec. 3003. Policies, findings, and purposes.
Sec. 3004. Definitions.
Sec. 3005. Metropolitan transportation planning.
Sec. 3006. Statewide transportation planning.
Sec. 3007. Planning programs.
Sec. 3008. Private enterprise participation.
Sec. 3009. Urbanized area formula grants.
Sec. 3010. Clean fuels grant program.
Sec. 3011. Capital investment grants.
Sec. 3012. Formula grants for special needs of elderly individuals and individuals with disabilities.
Sec. 3013. Formula grants for other than urbanized areas.
Sec. 3014. Research, development, demonstration, and deployment projects.
Sec. 3015. Transit cooperative research program.
Sec. 3016. National research and technology programs.
Sec. 3017. National Transit Institute.
Sec. 3018. Job access and reverse commute formula grants.
Sec. 3019. New Freedom Program.
Sec. 3020. Bus testing facility.
Sec. 3021. Alternative transportation in parks and public lands.
Sec. 3022. Human resources programs.
Sec. 3023. General provisions on assistance.
Sec. 3024. Special provisions for capital projects.
Sec. 3025. Contract requirements.
Sec. 3026. Project management oversight and review.
Sec. 3027. Project review.
Sec. 3028. Investigations of safety hazards and security risks.
Sec. 3029. State safety oversight.
Sec. 3030. Controlled substances and alcohol misuse testing.
Sec. 3031. Employee protective arrangements.
Sec. 3032. Administrative procedures.
Sec. 3033. National transit database.
Sec. 3034. Apportionments of formula grants.
Sec. 3035. Apportionments based on fixed guideway factors.
Sec. 3036. Authorizations.
Sec. 3037. Alternatives analysis program.
Sec. 3038. Apportionments based on growing States formula factors.
Sec. 3039. Over-the-road bus accessibility program.
Sec. 3040. Obligation ceiling.
Sec. 3041. Adjustments for fiscal year 2005.
Sec. 3042. Terrorist attacks and other acts of violence against public transportation systems.
Sec. 3043. Project authorizations for new fixed guideway capital projects.
Sec. 3044. Projects for bus and bus-related facilities and clean fuels grant program.
Sec. 3045. National fuel cell bus technology development program.
Sec. 3046. Allocations for national research and technology programs.
Sec. 3047. Forgiveness of grant agreement.
Sec. 3048. Cooperative procurement.
Sec. 3049. Transportation fringe benefits.
Sec. 3050. Commuter rail.
Sec. 3051. Paratransit service in Illinois.
TITLE IV--MOTOR CARRIER SAFETY
Sec. 4001. Short title.
Subtitle A--Commercial Motor Vehicle Safety
Sec. 4101. Authorization of appropriations.
Sec. 4102. Increased penalties for out-of-service violations and false records.
Sec. 4103. Penalty for denial of access to records.
Sec. 4104. Revocation of operating authority.
Sec. 4105. State laws relating to vehicle towing.
Sec. 4106. Motor carrier safety grants.
Sec. 4107. High priority activities and new entrants audits.
Sec. 4108. Data quality improvement.
Sec. 4109. Performance and registration information system management.
Sec. 4110. Border enforcement grants.
Sec. 4111. Motor carrier research and technology program.
Sec. 4112. Nebraska custom harvesters length exemption.
Sec. 4113. Pattern of safety violations by motor carrier management.
Sec. 4114. Intrastate operations of interstate motor carriers.
Sec. 4115. Transfer provision.
Sec. 4116. Medical program.
Sec. 4117. Safety performance history screening.
Sec. 4118. Roadability.
Sec. 4119. International cooperation.
Sec. 4120. Financial responsibility for private motor carriers.
Sec. 4121. Deposit of certain civil penalties into Highway Trust Fund.
Sec. 4122. CDL learner's permit program.
Sec. 4123. Commercial driver's license information system modernization.
Sec. 4124. Commercial driver's license improvements.
Sec. 4125. Hobbs Act.
Sec. 4126. Commercial vehicle information systems and networks deployment.
Sec. 4127. Outreach and education.
Sec. 4128. Safety data improvement program.
Sec. 4129. Operation of commercial motor vehicles by individuals who use insulin to treat diabetes mellitus.
Sec. 4130. Operators of vehicles transporting agricultural commodities and farm supplies.
Sec. 4131. Maximum hours of service for operators of ground water well drilling rigs.
Sec. 4132. Hours of service for operators of utility service vehicles.
Sec. 4133. Hours of service rules for operators providing transportation to movie production sites.
Sec. 4134. Grant program for commercial motor vehicle operators.
Sec. 4135. CDL task force.
Sec. 4136. Interstate van operations.
Sec. 4137. Decals.
Sec. 4138. High risk carrier compliance reviews.
Sec. 4139. Foreign commercial motor vehicles.
Sec. 4140. School bus driver qualifications and endorsement knowledge test.
Sec. 4141. Driveaway saddlemount vehicles.
Sec. 4142. Registration of motor carriers and freight forwarders.
Sec. 4143. Authority to stop commercial motor vehicles.
Sec. 4144. Motor Carrier Safety Advisory Committee.
Sec. 4145. Technical corrections.
Sec. 4146. Exemption during harvest periods.
Sec. 4147. Emergency condition requiring immediate response.
Sec. 4148. Substance abuse professionals.
Sec. 4149. Office of intermodalism.
Subtitle B--Household Goods Transportation
Sec. 4201. Short title.
Sec. 4202. Definitions; application of provisions.
Sec. 4203. Payment of rates.
Sec. 4204. Additional registration requirements for motor carriers of household goods.
Sec. 4205. Household goods carrier operations.
Sec. 4206. Enforcement of regulations related to transportation of household goods.
Sec. 4207. Liability of carriers under receipts and bills of lading.
Sec. 4208. Arbitration requirements.
Sec. 4209. Civil penalties relating to household goods brokers and unauthorized transportation.
Sec. 4210. Penalties for holding household goods hostage.
Sec. 4211. Consumer handbook on DOT web site.
Sec. 4212. Release of household goods broker information.
Sec. 4213. Working group for development of practices and procedures to enhance Federal-State relations.
Sec. 4214. Consumer complaint information.
Sec. 4215. Review of liability of carriers.
Sec. 4216. Application of State consumer protection laws to certain household goods carriers.
Subtitle C--Unified Carrier Registration Act of 2005
Sec. 4301. Short title.
Sec. 4302. Relationship to other laws.
Sec. 4303. Inclusion of motor private and exempt carriers.
Sec. 4304. Unified Carrier Registration System.
Sec. 4305. Registration of motor carriers by States.
Sec. 4306. Identification of vehicles.
Sec. 4307. Use of UCR Agreement revenues as matching funds.
Sec. 4308. Regulations.
Subtitle D--Miscellaneous Provisions
Sec. 4401. Technical adjustment.
Sec. 4402. Transfer.
Sec. 4403. Extension of assistance.
Sec. 4404. Designations.
Sec. 4405. Limited exception.
Sec. 4406. Airport land amendment.
Sec. 4407. Rights-of-way.
Sec. 4408. Rialto Municipal Airport.
Sec. 4409. Conforming amendments.
Sec. 4410. Ralph M. Bartholomew Veterans' Memorial Bridge.
Sec. 4411. Don Young's Way.
Sec. 4412. Quality bank adjustments.
Sec. 4413. Technical amendment.
TITLE V--RESEARCH
Subtitle A--Funding
Sec. 5101. Authorization of appropriations.
Sec. 5102. Obligation ceiling.
Sec. 5103. Findings.
Subtitle B--Research, Technology, and Education
Sec. 5201. Research, technology, and education.
Sec. 5202. Long-term bridge performance program; innovative bridge research and deployment program.
Sec. 5203. Technology deployment.
Sec. 5204. Training and education.
Sec. 5205. State planning and research.
Sec. 5206. International highway transportation outreach program.
Sec. 5207. Surface transportation environment and planning cooperative research program.
Sec. 5208. Transportation research and development strategic planning.
Sec. 5209. National cooperative freight transportation research program.
Sec. 5210. Future strategic highway research program.
Sec. 5211. Multistate corridor operations and management.
Subtitle C--Intelligent Transportation System Research
Sec. 5301. National ITS program plan.
Sec. 5302. Use of funds.
Sec. 5303. Goals and purposes.
Sec. 5304. Infrastructure development.
Sec. 5305. General authorities and requirements.
Sec. 5306. Research and development.
Sec. 5307. National architecture and standards.
Sec. 5308. Road weather research and development program.
Sec. 5309. Centers for surface transportation excellence.
Sec. 5310. Definitions.
Subtitle D--University Transportation Research; Scholarship Opportunities
Sec. 5401. National university transportation centers.
Sec. 5402. University transportation research.
Subtitle E--Other Programs
Sec. 5501. Transportation safety information management system project.
Sec. 5502. Surface transportation congestion relief solutions research initiative.
Sec. 5503. Motor carrier efficiency study.
Sec. 5504. Center for Transportation Advancement and Regional Development.
Sec. 5505. Transportation scholarship opportunities program.
Sec. 5506. Commercial remote sensing products and spatial information technologies.
Sec. 5507. Rural interstate corridor communications study.
Sec. 5508. Transportation technology innovation and demonstration program.
Sec. 5509. Repeal.
Sec. 5510. Notice.
Sec. 5511. Motorcycle crash causation study grants.
Sec. 5512. Advanced travel forecasting procedures program.
Sec. 5513. Research grants.
Sec. 5514. Competition for specification of alternative types of culvert pipes.
Subtitle F--Bureau of Transportation Statistics
Sec. 5601. Bureau of Transportation Statistics.
TITLE VI--TRANSPORTATION PLANNING AND PROJECT DELIVERY
Sec. 6001. Transportation planning.
Sec. 6002. Efficient environmental reviews for project decisionmaking.
Sec. 6003. State assumption of responsibilities for certain programs and projects.
Sec. 6004. State assumption of responsibility for categorical exclusions.
Sec. 6005. Surface transportation project delivery pilot program.
Sec. 6006. Environmental restoration and pollution abatement; control of noxious weeds and aquatic noxious weeds and establishment of native species.
Sec. 6007. Exemption of Interstate System.
Sec. 6008. Integration of natural resource concerns into transportation project planning.
Sec. 6009. Parks, recreation areas, wildlife and waterfowl refuges, and historic sites.
Sec. 6010. Environmental review of activities that support deployment of intelligent transportation systems.
Sec. 6011. Transportation conformity.
Sec. 6012. Federal Reference Method.
Sec. 6013. Air quality monitoring data influenced by exceptional events.
Sec. 6014. Federal procurement of recycled coolant.
Sec. 6015. Clean school bus program.
Sec. 6016. Special designation.
Sec. 6017. Increased use of recovered mineral component in federally funded projects involving procurement of cement or concrete.
Sec. 6018. Use of granular mine tailings.
TITLE VII--HAZARDOUS MATERIALS TRANSPORTATION
Sec. 7001. Short title.
Sec. 7002. Amendment of title 49, United States Code.
Subtitle A--General Authorities on Transportation of Hazardous Materials
Sec. 7101. Findings and purpose.
Sec. 7102. Definitions.
Sec. 7103. General regulatory authority.
Sec. 7104. Limitation on issuance of hazmat licenses.
Sec. 7105. Background checks for drivers hauling hazardous materials.
Sec. 7106. Representation and tampering.
Sec. 7107. Technical amendments.
Sec. 7108. Training of certain employees.
Sec. 7109. Registration.
Sec. 7110. Shipping papers and disclosure.
Sec. 7111. Rail tank cars.
Sec. 7112. Unsatisfactory safety ratings.
Sec. 7113. Training curriculum for the public sector.
Sec. 7114. Planning and training grants; Hazardous Materials Emergency Preparedness Fund.
Sec. 7115. Special permits and exclusions.
Sec. 7116. Uniform forms and procedures.
Sec. 7117. International uniformity of standards and requirements.
Sec. 7118. Administrative authority.
Sec. 7119. Enforcement.
Sec. 7120. Civil penalty.
Sec. 7121. Criminal penalty.
Sec. 7122. Preemption.
Sec. 7123. Judicial review.
Sec. 7124. Relationship to other laws.
Sec. 7125. Authorization of appropriations.
Sec. 7126. References to the Secretary of Transportation.
Sec. 7127. Criminal matters.
Sec. 7128. Additional civil and criminal penalties.
Sec. 7129. Hazardous material transportation plan requirement.
Sec. 7130. Determining amount of undeclared shipments of hazardous materials entering the United States.
Sec. 7131. Hazardous materials research projects.
Sec. 7132. National first responder transportation incident response system.
Sec. 7133. Common carrier pipeline system.
Subtitle B--Sanitary Food Transportation
Sec. 7201. Short title.
Sec. 7202. Responsibilities of Secretary of Health and Human Services.
Sec. 7203. Department of Transportation requirements.
Sec. 7204. Effective date.
Subtitle C--Research and Innovative Technology Administration
Sec. 7301. Administrative authority.
TITLE VIII--TRANSPORTATION DISCRETIONARY SPENDING GUARANTEE
Sec. 8001. Discretionary spending limits for the highway and mass transit categories.
Sec. 8002. Adjustments to align highway spending with revenues.
Sec. 8003. Level of obligation limitations.
Sec. 8004. Enforcement of guarantee.
Sec. 8005. Transfer of Federal transit administrative expenses.
TITLE IX--RAIL TRANSPORTATION
Sec. 9001. High-speed rail corridor development.
Sec. 9002. Capital grants for rail line relocation projects.
Sec. 9003. Rehabilitation and improvement financing.
Sec. 9004. Report regarding impact on public safety of train travel in communities without grade separation.
Sec. 9005. Welded rail and tank car safety improvements.
Sec. 9006. Alaska Railroad.
Sec. 9007. Study of rail transportation and regulation.
Sec. 9008. Hawaii port infrastructure expansion program.
TITLE X--MISCELLANEOUS PROVISIONS
Subtitle A--Sportfishing and Recreational Boating Safety
Sec. 10101. Short title.
Chapter 1--Dingell-Johnson Sport Fish Restoration Act Amendments
Sec. 10111. Amendment of Dingell-Johnson Sport Fish Restoration Act.
Sec. 10112. Authorization of appropriations.
Sec. 10113. Division of annual appropriations.
Sec. 10114. Maintenance of projects.
Sec. 10115. Boating infrastructure.
Sec. 10116. Requirements and restrictions concerning use of amounts for expenses for Administration.
Sec. 10117. Payments of funds to and cooperation with Puerto Rico, the District of Columbia, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Virgin Islands.
Sec. 10118. Multistate conservation grant program.
Sec. 10119. Expenditure of remaining balance in Boat Safety Account.
Chapter 2--Clean Vessel Act of 1992 Amendments
Sec. 10131. Grant program.
Chapter 3--Recreational Boating Safety Program Amendments
Sec. 10141. Technical correction.
Sec. 10142. Availability of allocations.
Sec. 10143. Authorization of appropriations for State recreational boating safety programs.
Subtitle B--Other Miscellaneous Provisions
Sec. 10201. Notice regarding participation of small business concerns.
Sec. 10202. Emergency medical services.
Sec. 10203. Hubzone program.
Sec. 10204. Catastrophic hurricane evacuation plans.
Sec. 10205. Intermodal transportation facility expansion.
Sec. 10206. Eligibility to participate in western Alaska community development quota program.
Sec. 10207. Rail rehabilitation and bridge repair.
Sec. 10208. Rented or leased motor vehicles.
Sec. 10209. Midway Island.
Sec. 10210. Demonstration of digital project simulation.
Sec. 10211. Environmental programs.
Sec. 10212. Rescission of unobligated balances.
Sec. 10213. Tribal land.
Subtitle C--Specific Vehicle Safety-Related Rulings
Sec. 10301. Vehicle rollover prevention and crash mitigation.
Sec. 10302. Side-impact crash protection rulemaking.
Sec. 10303. Tire research.
Sec. 10304. Vehicle backover avoidance technology study.
Sec. 10305. Nontraffic incident data collection.
Sec. 10306. Study of safety belt use technologies.
Sec. 10307. Amendment of Automobile Information Disclosure Act.
Sec. 10308. Power window switches.
Sec. 10309. 15-Passenger van safety.
Sec. 10310. Authorization of appropriations.
TITLE XI--HIGHWAY REAUTHORIZATION AND EXCISE TAX SIMPLIFICATION
Sec. 1100. Amendment of 1986 Code.
Subtitle A--Trust Fund Reauthorization
Sec. 1101. Extension of highway-related taxes and trust funds.
Sec. 1102. Modification of adjustments of apportionments.
Subtitle B--Excise Tax Reform and Simplification
Part 1--Highway excise taxes
Sec. 1111. Modification of gas guzzler tax.
Sec. 1112. Exclusion for tractors weighing 19,500 pounds or less from Federal excise tax on heavy trucks and trailers.
Sec. 1113. Volumetric excise tax credit for alternative fuels.
Part 2--Aquatic excise taxes
Sec. 1115. Elimination of Aquatic Resources Trust Fund and transformation of Sport Fish Restoration Account.
Sec. 1116. Repeal of harbor maintenance tax on exports.
Sec. 1117. Cap on excise tax on certain fishing equipment.
Part 3--Aerial excise taxes
Sec. 1121. Clarification of excise tax exemptions for agricultural aerial applicators and exemption for Fixed-Wing aircraft engaged in forestry operations.
Sec. 1122. Modification of rural airport definition.
Sec. 1123. Exemption from taxes on transportation provided by seaplanes.
Sec. 1124. Certain sightseeing flights exempt from taxes on air transportation.
Part 4--Taxes relating to alcohol
Sec. 1125. Repeal of special occupational taxes on producers and marketers of alcoholic beverages.
Sec. 1126. Income tax credit for distilled spirits wholesalers and for distilled spirits in control State bailment warehouses for costs of carrying Federal excise taxes on bottled distilled spirits.
Sec. 1127. Quarterly excise tax filing for small alcohol excise taxpayers.
Part 5--Sport excise taxes
Sec. 1131. Custom gunsmiths.
Subtitle C--Miscellaneous Provisions
Sec. 1141. Motor Fuel Tax Enforcement Advisory Commission.
Sec. 1142. National Surface Transportation Infrastructure Financing Commission.
Sec. 1143. Tax-exempt financing of highway projects and rail-truck transfer facilities.
Sec. 1144. Treasury study of highway fuels used by trucks for non-transportation purposes.
Sec. 1145. Diesel fuel tax evasion report.
Sec. 1146. Tax treatment of State ownership of railroad real estate investment trust.
Sec. 1147. Limitation on transfers to the Leaking Underground Storage Tank Trust Fund.
Subtitle D--Highway-Related Technical Corrections
Sec. 1151. Highway-related technical corrections.
Subtitle E--Preventing fuel fraud
Sec. 1161. Treatment of kerosene for use in aviation.
Sec. 1162. Repeal of ultimate vendor refund claims with respect to farming.
Sec. 1163. Refunds of excise taxes on exempt sales of fuel by credit card.
Sec. 1164. Reregistration in event of change in ownership.
Sec. 1165. Reconciliation of on-loaded cargo to entered cargo.
Sec. 1166. Treatment of deep-draft vessels.
Sec. 1167. Penalty with respect to certain adulterated fuels.

SEC. 2. GENERAL DEFINITIONS.

    In this Act, the following definitions apply:

      (1) DEPARTMENT- The term `Department' means the Department of Transportation.

      (2) SECRETARY- The term `Secretary' means the Secretary of Transportation.

TITLE I--FEDERAL-AID HIGHWAYS

Subtitle A--Authorization of Programs

SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General- The following sums are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account):

      (1) INTERSTATE MAINTENANCE PROGRAM- For the Interstate maintenance program under section 119 of title 23, United States Code--

        (A) $4,883,759,623 for fiscal year 2005;

        (B) $4,960,788,917 for fiscal year 2006;

        (C) $5,039,058,556 for fiscal year 2007;

        (D) $5,118,588,513 for fiscal year 2008; and

        (E) $5,199,399,081 for fiscal year 2009.

      (2) NATIONAL HIGHWAY SYSTEM- For the National Highway System under section 103 of such title--

        (A) $5,911,200,104 for fiscal year 2005;

        (B) $6,005,256,569 for fiscal year 2006;

        (C) $6,110,827,556 for fiscal year 2007;

        (D) $6,207,937,450 for fiscal year 2008; and

        (E) $6,306,611,031 for fiscal year 2009.

      (3) BRIDGE PROGRAM- For the bridge program under section 144 of such title--

        (A) $4,187,708,821 for fiscal year 2005;

        (B) $4,253,530,131 for fiscal year 2006;

        (C) $4,320,411,313 for fiscal year 2007;

        (D) $4,388,369,431 for fiscal year 2008; and

        (E) $4,457,421,829 for fiscal year 2009.

      (4) SURFACE TRANSPORTATION PROGRAM- For the surface transportation program under section 133 of such title--

        (A) $6,860,096,662 for fiscal year 2005;

        (B) $6,269,833,394 for fiscal year 2006;

        (C) $6,370,469,775 for fiscal year 2007;

        (D) $6,472,726,628 for fiscal year 2008; and

        (E) $6,576,630,046 for fiscal year 2009.

      (5) CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM- For the congestion mitigation and air quality improvement program under section 149 of such title--

        (A) $1,667,255,304 for fiscal year 2005;

        (B) $1,694,101,866 for fiscal year 2006;

        (C) $1,721,380,718 for fiscal year 2007;

        (D) $1,749,098,821 for fiscal year 2008; and

        (E) $1,777,263,247 for fiscal year 2009.

      (6) HIGHWAY SAFETY IMPROVEMENT PROGRAM- For the highway safety improvement program under section 148 of such title--

        (A) $1,235,810,000 for fiscal year 2006;

        (B) $1,255,709,322 for fiscal year 2007;

        (C) $1,275,929,067 for fiscal year 2008; and

        (D) $1,296,474,396 for fiscal year 2009.

      (7) APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM PROGRAM- For the Appalachian development highway system program under subtitle IV of title 40, United States Code, $470,000,000 for each of fiscal years 2005 through 2009.

      (8) RECREATIONAL TRAILS PROGRAM- For the recreational trails program under section 206 of title 23, United States Code--

        (A) $60,000,000 for fiscal year 2005;

        (B) $70,000,000 for fiscal year 2006;

        (C) $75,000,000 for fiscal year 2007;

        (D) $80,000,000 for fiscal year 2008; and

        (E) $85,000,000 for fiscal year 2009.

      (9) FEDERAL LANDS HIGHWAYS PROGRAM-

        (A) INDIAN RESERVATION ROADS- For Indian reservation roads under section 204 of such title--

          (i) $300,000,000 for fiscal year 2005;

          (ii) $330,000,000 for fiscal year 2006;

          (iii) $370,000,000 for fiscal year 2007;

          (iv) 410,000,000 for fiscal year 2008; and

          (v) $450,000,000 for fiscal year 2009.

        (B) PARK ROADS AND PARKWAYS-

          (i) IN GENERAL- For park roads and parkways under section 204 of such title--

            (I) $180,000,000 for fiscal year 2005;

            (II) $195,000,000 for fiscal year 2006;

            (III) $210,000,000 for fiscal year 2007;

            (IV) $225,000,000 for fiscal year 2008; and

            (V) $240,000,000 for fiscal year 2009.

          (ii) MINIMUM ALLOCATION TO CERTAIN STATES- A State containing more than 50 percent of the total acreage of the National Park System shall receive not less than 3 percent of any funds appropriated under this subparagraph.

        (C) REFUGE ROADS- For refuge roads under section 204 of such title, $29,000,000 for each of fiscal years 2005 through 2009.

        (D) PUBLIC LANDS HIGHWAYS- For Federal lands highways under section 204 of such title--

          (i) $260,000,000 for fiscal year 2005;

          (ii) $280,000,000 for fiscal year 2006;

          (iii) $280,000,000 for fiscal year 2007;

          (iv) $290,000,000 for fiscal year 2008; and

          (v) $300,000,000 for fiscal year 2009.

      (10) NATIONAL CORRIDOR INFRASTRUCTURE IMPROVEMENT PROGRAM- For the national corridor infrastructure improvement program under section 1302 of this Act--

        (A) $194,800,000 for fiscal year 2005;

        (B) $389,600,000 for fiscal year 2006;

        (C) $487,000,000 for fiscal year 2007;

        (D) $487,000,000 for fiscal year 2008; and

        (E) $389,600,000 for fiscal year 2009.

      (11) COORDINATED BORDER INFRASTRUCTURE PROGRAM- For the coordinated border infrastructure program under section 1303 of this Act--

        (A) $123,000,000 for fiscal year 2005;

        (B) $145,000,000 for fiscal year 2006;

        (C) $165,000,000 for fiscal year 2007;

        (D) $190,000,000 for fiscal year 2008; and

        (E) $210,000,000 for fiscal year 2009.

      (12) NATIONAL SCENIC BYWAYS PROGRAM- For the national scenic byways program under section 162 of such title--

        (A) $26,500,000 for fiscal year 2005;

        (B) $30,000,000 for fiscal year 2006;

        (C) $35,000,000 for fiscal year 2007;

        (D) $40,000,000 for fiscal year 2008; and

        (E) $43,500,000 for fiscal year 2009.

      (13) CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL FACILITIES- For construction of ferry boats and ferry terminal facilities under section 147 of such title--

        (A) $38,000,000 for fiscal year 2005;

        (B) $55,000,000 for fiscal year 2006;

        (C) $60,000,000 for fiscal year 2007;

        (D) $65,000,000 for fiscal year 2008; and

        (E) $67,000,000 for fiscal year 2009.

      (14) PUERTO RICO HIGHWAY PROGRAM- For the Puerto Rico highway program under section 165 of such title--

        (A) $115,000,000 for fiscal year 2005;

        (B) $120,000,000 for fiscal year 2006;

        (C) $135,000,000 for fiscal year 2007;

        (D) $145,000,000 for fiscal year 2008; and

        (E) $150,000,000 for fiscal year 2009.

      (15) PROJECTS OF NATIONAL AND REGIONAL SIGNIFICANCE PROGRAM- For the projects of national and regional significance program under section 1301 of this Act--

        (A) $177,900,000 for fiscal year 2005;

        (B) $355,800,000 for fiscal year 2006;

        (C) $444,750,000 for fiscal year 2007;

        (D) $444,750,000 for fiscal year 2008; and

        (E) $355,800,000 for fiscal year 2009.

      (16) HIGH PRIORITY PROJECTS PROGRAM- For the high priority projects program under section 117 of title 23, United States Code, $2,966,400,000 for each of fiscal years 2005 through 2009.

      (17) SAFE ROUTES TO SCHOOL PROGRAM- For the safe routes to school program under section 1404 of this Act--

        (A) $54,000,000 for fiscal year 2005;

        (B) $100,000,000 for fiscal year 2006;

        (C) $125,000,000 for fiscal year 2007;

        (D) $150,000,000 for fiscal year 2008; and

        (E) $183,000,000 for fiscal year 2009.

      (18) DEPLOYMENT OF MAGNETIC LEVITATION TRANSPORTATION PROJECTS- For the deployment of magnetic levitation projects under section 1307 of this Act--

        (A) $15,000,000 for each of fiscal years 2006 and 2007; and

        (B) $30,000,000 for each of fiscal years 2008 and 2009.

      (19) NATIONAL CORRIDOR PLANNING AND DEVELOPMENT AND COORDINATED BORDER INFRASTRUCTURE PROGRAMS- For the national corridor planning and development and coordinated border infrastructure programs under sections 1118 and 1119 of the Transportation Equity Act for the 21st Century (112 Stat. 161, 163) $140,000,000 for fiscal year 2005.

      (20) HIGHWAYS FOR LIFE- For the Highways for LIFE Program under section 1502 of this Act--

        (A) $15,000,000 for fiscal year 2006; and

        (B) $20,000,000 for each of fiscal years 2007 through 2009.

      (21) HIGHWAY USE TAX EVASION PROJECTS- For highway use tax evasion projects under section 1115 of this Act--

        (A) $5,000,000 for fiscal year 2005;

        (B) $44,800,000 for fiscal year 2006;

        (C) $53,300,000 for fiscal year 2007; and

        (D) $12,000,000 for each of fiscal years 2008 and 2009.

    (b) Disadvantaged Business Enterprises-

      (1) DEFINITIONS- In this subsection, the following definitions apply:

        (A) SMALL BUSINESS CONCERN- The term `small business concern' has the meaning that term has under section 3 of the Small Business Act (15 U.S.C. 632), except that the term shall not include any concern or group of concerns controlled by the same socially and economically disadvantaged individual or individuals which has average annual gross receipts over the preceding 3 fiscal years in excess of $19,570,000, as adjusted annually by the Secretary for inflation.

        (B) SOCIALLY AND ECONOMICALLY DISADVANTAGED INDIVIDUALS- The term `socially and economically disadvantaged individuals' has the meaning that term has under section 8(d) of the Small Business Act (15 U.S.C. 637(d)) and relevant subcontracting regulations issued pursuant to that Act, except that women shall be presumed to be socially and economically disadvantaged individuals for purposes of this subsection.

      (2) GENERAL RULE- Except to the extent that the Secretary determines otherwise, not less than 10 percent of the amounts made available for any program under titles I, III, and V of this Act and section 403 of title 23, United States Code, shall be expended through small business concerns owned and controlled by socially and economically disadvantaged individuals.

      (3) ANNUAL LISTING OF DISADVANTAGED BUSINESS ENTERPRISES- Each State shall annually--

        (A) survey and compile a list of the small business concerns referred to in paragraph (1) and the location of the concerns in the State; and

        (B) notify the Secretary, in writing, of the percentage of the concerns that are controlled by women, by socially and economically disadvantaged individuals (other than women), and by individuals who are women and are otherwise socially and economically disadvantaged individuals.

      (4) UNIFORM CERTIFICATION- The Secretary shall establish minimum uniform criteria for State governments to use in certifying whether a concern qualifies for purposes of this subsection. The minimum uniform criteria shall include, but not be limited to, on-site visits, personal interviews, licenses, analysis of stock ownership, listing of equipment, analysis of bonding capacity, listing of work completed, resume of principal owners, financial capacity, and type of work preferred.

      (5) COMPLIANCE WITH COURT ORDERS- Nothing in this subsection limits the eligibility of an entity or person to receive funds made available under titles I, III, and V of this Act and section 403 of title 23, United States Code, if the entity or person is prevented, in whole or in part, from complying with paragraph (1) because a Federal court issues a final order in which the court finds that the requirement of paragraph (1), or the program established under paragraph (1), is unconstitutional.

SEC. 1102. OBLIGATION CEILING.

    (a) General Limitation- Subject to subsections (g) and (h), and notwithstanding any other provision of law, the obligations for Federal-aid highway and highway safety construction programs shall not exceed--

      (1) $34,422,400,000 for fiscal year 2005;

      (2) $36,032,343,903 for fiscal year 2006;

      (3) $38,244,210,516 for fiscal year 2007;

      (4) $39,585,075,404 for fiscal year 2008; and

      (5) $41,199,970,178 for fiscal year 2009.

    (b) Exceptions- The limitations under subsection (a) shall not apply to obligations under or for--

      (1) section 125 of title 23, United States Code;

      (2) section 147 of the Surface Transportation Assistance Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);

      (3) section 9 of the Federal-Aid Highway Act of 1981 (Public Law 97-134; 95 Stat. 1701);

      (4) subsections (b) and (j) of section 131 of the Surface Transportation Assistance Act of 1982 (Public Law 97-424; 96 Stat. 2119);

--

      (5) subsections (b) and (c) of section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (Public Law 100-17; 101 Stat. 198);

      (6) sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102-240; 105 Stat. 2027);

      (7) section 157 of title 23, United States Code (as in effect on June 8, 1998);

      (8) section 105 of title 23, United States Code (as in effect for fiscal years 1998 through 2004, but only in an amount equal to $639,000,000 for each of those fiscal years);

      (9) Federal-aid highway programs for which obligation authority was made available under the Transportation Equity Act for the 21st Century (Public Law 105-178; 112 Stat. 107) or subsequent public laws for multiple years or to remain available until used, but only to the extent that the obligation authority has not lapsed or been used;

      (10) section 105 of title 23, United States Code (but, for each of fiscal years 2005 through 2009, only in an amount equal to $639,000,000 per fiscal year); and

      (11) section 1603 of this Act, to the extent that funds obligated in accordance with that section were not subject to a limitation on obligations at the time at which the funds were initially made available for obligation.

    (c) Distribution of Obligation Authority- For each of fiscal years 2005 through 2009, the Secretary--

      (1) shall not distribute obligation authority provided by subsection (a) for the fiscal year for--

        (A) amounts authorized for administrative expenses and programs by section 104(a) of title 23, United States Code;

        (B) programs funded from the administrative takedown authorized by section 104(a)(1) of title 23, United States Code (as in effect on the date before the date of enactment of this Act); and

        (C) amounts authorized for the highway use tax evasion program and the Bureau of Transportation Statistics;

      (2) shall not distribute an amount of obligation authority provided by subsection (a) that is equal to the unobligated balance of amounts made available from the Highway Trust Fund (other than the Mass Transit Account) for Federal-aid highway and highway safety programs for previous fiscal years the funds for which are allocated by the Secretary;

      (3) shall determine the ratio that--

        (A) the obligation authority provided by subsection (a) for the fiscal year, less the aggregate of amounts not distributed under paragraphs (1) and (2); bears to

        (B) the total of the sums authorized to be appropriated for the Federal-aid highway and highway safety construction programs (other than sums authorized to be appropriated for provisions of law described in paragraphs (1) through (9) of subsection (b) and sums authorized to be appropriated for section 105 of title 23, United States Code, equal to the amount referred to in subsection (b)(10) for the fiscal year), less the aggregate of the amounts not distributed under paragraphs (1) and (2);

      (4)(A) shall distribute the obligation authority provided by subsection (a) less the aggregate amounts not distributed under paragraphs (1) and (2), for sections 1301, 1302, and 1934 of this Act, sections 117 but individual for each of project numbered 1 through 3676 listed in the table contained in section 1702 of this Act and 144(g) of title 23, United States Code, and section 14501 of title 40, United States Code, and, during fiscal year 2005, amounts for programs, projects, and activities authorized by section 117 of title I of division H of the Consolidated Appropriations Act, 2005 (Public Law 108-447; 118 Stat. 3212), so that the amount of obligation authority available for each of such sections is equal to the amount determined by multiplying--

        (i) the ratio determined under paragraph (3); by

        (ii) the sums authorized to be appropriated for that section for the fiscal year; and

      (B) shall distribute $2,000,000,000 for section 105 of title 23, United States Code;

      (5) shall distribute among the States the obligation authority provided by subsection (a), less the aggregate amounts not distributed under paragraphs (1) and (2), for each of the programs that are allocated by the Secretary under this Act and title 23, United States Code (other than to programs to which paragraph (1) applies), by multiplying--

        (A) the ratio determined under paragraph (3); by

        (B) the amounts authorized to be appropriated for each such program for the fiscal year; and

      (6) shall distribute the obligation authority provided by subsection (a), less the aggregate amounts not distributed under paragraphs (1) and (2) and the amounts distributed under paragraphs (4) and (5), for Federal-aid highway and highway safety construction programs (other than the amounts apportioned for the equity bonus program, but only to the extent that the amounts apportioned for the equity bonus program for the fiscal year are greater than $2,639,000,000, and the Appalachian development highway system program) that are apportioned by the Secretary under this Act and title 23, United States Code, in the ratio that--

        (A) amounts authorized to be appropriated for the programs that are apportioned to each State for the fiscal year; bear to

        (B) the total of the amounts authorized to be appropriated for the programs that are apportioned to all States for the fiscal year.

    (d) Redistribution of Unused Obligation Authority- Notwithstanding subsection (c), the Secretary shall, after August 1 of each of fiscal years 2005 through 2009--

      (1) revise a distribution of the obligation authority made available under subsection (c) if an amount distributed cannot be obligated during that fiscal year; and

      (2) redistribute sufficient amounts to those States able to obligate amounts in addition to those previously distributed during that fiscal year, giving priority to those States having large unobligated balances of funds apportioned under sections 104 and 144 of title 23, United States Code.

    (e) Applicability of Obligation Limitations to Transportation Research Programs-

      (1) IN GENERAL- Except as provided in paragraph (2), obligation limitations imposed by subsection (a) shall apply to contract authority for transportation research programs carried out under--

        (A) chapter 5 of title 23, United States Code; and

        (B) title V (research title) of this Act.

      (2) EXCEPTION- Obligation authority made available under paragraph (1) shall--

        (A) remain available for a period of 3 fiscal years; and

        (B) be in addition to the amount of any limitation imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years.

    (f) Redistribution of Certain Authorized Funds-

      (1) IN GENERAL- Not later than 30 days after the date of distribution of obligation authority under subsection (c) for each of fiscal years 2005 through 2009, the Secretary shall distribute to the States any funds that--

        (A) are authorized to be appropriated for the fiscal year for Federal-aid highway programs; and

        (B) the Secretary determines will not be allocated to the States, and will not be available for obligation, in the fiscal year due to the imposition of any obligation limitation for the fiscal year.

      (2) RATIO- Funds shall be distributed under paragraph (1) in the same ratio as the distribution of obligation authority under subsection (c)(6).

      (3) AVAILABILITY- Funds distributed under paragraph (1) shall be available for any purpose described in section 133(b) of title 23, United States Code.

    (g) Special Limitation Characteristics- Obligation authority distributed for a fiscal year under subsection (c)(4) for the provision specified in subsection (c)(4) shall--

      (1) remain available until used for obligation of funds for that provision; and

      (2) be in addition to the amount of any limitation imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years.

    (h) Adjustment in Obligation Limit-

      (1) IN GENERAL- Subject to the last sentence of section 110(a)(2) of title 23, United States Code, a limitation on obligations imposed by subsection (a) for a fiscal year shall be adjusted by an amount equal to the amount determined in accordance with section 251(b)(1)(B) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(1)(B)) for the fiscal year.

      (2) DISTRIBUTION- An adjustment under paragraph (1) shall be distributed in accordance with this section.

    (i) Special Rule for Fiscal Year 2005-

      (1) IN GENERAL- Obligation authority distributed under subsection (c)(4) for fiscal year 2005 for sections 1301, 1302, and 1934 of this Act and sections 117 and 144(g) of title 23, United States Code, may be used in fiscal year 2005 for purposes of obligation authority distributed under subsection (c)(6).

      (2) RESTORATION- Obligation authority used as described in paragraph (1) shall be restored to the original purpose on the date on which obligation authority is distributed under this section for fiscal year 2006.

    (j) High Priority Project Flexibility-

      (1) IN GENERAL- Subject to paragraph (2), obligation authority distributed for a fiscal year under subsection (c)(4) for each project numbered 1 through 3676 listed in the table contained in section 1702 of this Act may be obligated for any other project in such section in the same State.

      (2) RESTORATION- Obligation authority used as described in paragraph (1) shall be restored to the original purpose on the date on which obligation authority is distributed under this section for the next fiscal year following obligation under paragraph (1).

    (k) Limitation on Statutory Construction- Nothing in this section shall be construed to limit the distribution of obligation authority under subsection (c)(4)(A) for each of the individual projects numbered greater than 3676 listed in the table contained in section 1702 of this Act.

SEC. 1103. APPORTIONMENTS.

    (a) Administrative Expenses-

      (1) IN GENERAL- Section 104(a) of title 23, United States Code, is amended to read as follows:

    `(a) Administrative Expenses-

      `(1) IN GENERAL- There are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to be made available to the Secretary for administrative expenses of the Federal Highway Administration--

        `(A) $353,024,000 for fiscal year 2005;

        `(B) $370,613,540 for fiscal year 2006;

        `(C) $389,079,500 for fiscal year 2007;

        `(D) $408,465,500 for fiscal year 2008; and

        `(E) $423,717,460 for fiscal year 2009.

      `(2) PURPOSES- The funds authorized by this subsection shall be used--

        `(A) to administer the provisions of law to be financed from appropriations for the Federal-aid highway program and programs authorized under chapter 2; and

        `(B) to make transfers of such sums as the Secretary determines to be appropriate to the Appalachian Regional Commission for administrative activities associated with the Appalachian development highway system.

      `(3) AVAILABILITY- The funds made available under paragraph (1) shall remain available until expended.'.

      (2) CONFORMING AMENDMENTS- Section 104 of such title is amended--

        (A) in the matter preceding paragraph (1) of subsection (b) by striking `the deduction authorized by subsection (a) and the set-aside authorized by subsection (f)' and inserting `the set-asides authorized by subsections (d) and (f) and section 130(e)';

        (B) in the first sentence of subsection (e)(1) by striking `, and also' and all that follows through `this section'; and

        (C) in subsection (i) by striking `deducted' and inserting `made available'.

    (b) Alaska Highway- Section 104(b)(1)(A) of such title is amended by striking `$18,800,000 for each of fiscal years 1998 through 2002' and inserting `$30,000,000 for each of fiscal years 2005 through 2009'.

    (c) National Highway System Component- Section 104(b)(1)(A) of such title is amended by striking `$36,400,000 for each fiscal year' and inserting `$40,000,000 for each of fiscal years 2005 and 2006 and $50,000,000 for each of fiscal years 2007 through 2009'.

    (d) CMAQ Apportionment- Section 104(b)(2) of such title is amended--

      (1) in subparagraph (B)--

        (A) by striking clause (i) and inserting the following:

          `(i) 1.0 if, at the time of apportionment, the area is a maintenance area;';

        (B) by striking `or' at the end of clause (vi);

        (C) by striking the period at the end of clause (vii) and inserting `; or'; and

        (D) by adding at the end the following:

          `(viii) 1.0 if, at the time of apportionment, an area is designated as nonattainment for ozone under subpart 1 of part D of title I of such Act (42 U.S.C. 7512 et seq.).'; and

      (2) by striking subparagraph (C) and inserting the following:

        `(C) ADDITIONAL ADJUSTMENT FOR CARBON MONOXIDE AREAS- If, in addition to being designated as a nonattainment or maintenance area for ozone as described in section 149(b), any county within the area was also classified under subpart 3 of part D of title I of the Clean Air Act (42 U.S.C. 7512 et seq.) as a nonattainment or maintenance area described in section 149(b) for carbon monoxide, the weighted nonattainment or maintenance area population of the county, as determined under clauses (i) through (vi) or clause (viii) of subparagraph (B), shall be further multiplied by a factor of 1.2.'.

    (e) Report- Section 104(j) of such title is amended by striking `submit to Congress a report' and inserting `submit to Congress a report, and also make such report available to the public in a user-friendly format via the Internet,'.

    (f) Operation Lifesaver- Section 104(d) of such title is amended--

      (1) by striking paragraph (1) and all that follows through the period at the end of paragraph (2)(A) and inserting the following:

      `(1) OPERATION LIFESAVER- To carry out a public information and education program to help prevent and reduce motor vehicle accidents, injuries, and fatalities and to improve driver performance at railway-highway crossings--

        `(A) before making an apportionment under subsection (b)(3) for fiscal year 2005, the Secretary shall set aside $560,000 for such fiscal year; and

        `(B) there is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) $560,000 for each of fiscal years 2006 through 2009.

      `(2) RAILWAY-HIGHWAY CROSSING HAZARD ELIMINATION IN HIGH SPEED RAIL CORRIDORS-

        `(A) FUNDING- To carry out the elimination of hazards at railway-highway crossings--

          `(i) before making an apportionment under subsection (b)(3) for fiscal year 2005, the Secretary shall set aside $5,250,000 for such fiscal year; and

          `(ii) there is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) $7,250,000 for fiscal year 2006, $10,000,000 for fiscal year 2007, $12,500,000 for fiscal year 2008, and $15,000,000 for fiscal year 2009.'; and

      (2) in paragraph (2)(E)--

        (A) by striking `Not less than $250,000 of such set-aside' and inserting `Of such set-aside, not less than $250,000 for fiscal year 2005, $1,000,000 for fiscal year 2006, $1,750,000 for fiscal year 2007, $2,250,000 for fiscal year 2008, and $3,000,000 for fiscal year 2009'; and

        (B) by striking `per fiscal year'.

SEC. 1104. EQUITY BONUS PROGRAM.

    (a) In General- Section 105 of title 23, United States Code, is amended to read as follows:

`Sec. 105. Equity bonus program

    `(a) Program-

      `(1) IN GENERAL- Subject to subsections (c) and (d), for each of fiscal years 2005 through 2009, the Secretary shall allocate among the States amounts sufficient to ensure that no State receives a percentage of the total apportionments for the fiscal year for the programs specified in paragraph (2) that is less than the percentage calculated under subsection (b).

      `(2) SPECIFIC PROGRAMS- The programs referred to in subsection (a) are--

        `(A) the Interstate maintenance program under section 119;

        `(B) the national highway system program under section 103;

        `(C) the highway bridge replacement and rehabilitation program under section 144;

        `(D) the surface transportation program under section 133;

        `(E) the highway safety improvement program under section 148;

        `(F) the congestion mitigation and air quality improvement program under section 149;

        `(G) metropolitan planning programs under section 104(f);

        `(H) the high priority projects program under section 117;

        `(I) the equity bonus program under this section;

        `(J) the Appalachian development highway system program under subtitle IV of title 40;

        `(K) the recreational trails program under section 206;

        `(L) the safe routes to school program under section 1404 of the SAFETEA-LU;

        `(M) the rail-highway grade crossing program under section 130; and

        `(N) the coordinated border infrastructure program under section 1303 of the SAFETEA-LU.

    `(b) State Percentage-

      `(1) IN GENERAL- The percentage referred to in subsection (a) for each State shall be--

        `(A) for each of fiscal years 2005 and 2006, 90.5 percent, for fiscal year 2007, 91.5 percent, and for each of fiscal years 2008 and 2009, 92 percent, of the quotient obtained by dividing--

          `(i) the estimated tax payments attributable to highway users in the State paid into the Highway Trust Fund (other than the Mass Transit Account) in the most recent fiscal year for which data are available; by

          `(ii) the estimated tax payments attributable to highway users in all States paid into the Highway Trust Fund (other than the Mass Transit Account) for the fiscal year; or

        `(B) for a State with a total population density of less than 40 persons per square mile (as reported in the decennial census conducted by the Federal Government in 2000) and of which at least 1.25 percent of the total acreage is under Federal jurisdiction, based on the report of the General Services Administration entitled `Federal Real Property Profile' and dated September 30, 2004, a State with a total population of less than 1,000,000 (as reported in that decennial census), a State with a median household income of less than $35,000 (as reported in that decennial census), a State with a fatality rate during 2002 on Interstate highways that is greater than 1 fatality for each 100,000,000 vehicle miles traveled on Interstate highways, or a State with an indexed, State motor fuels excise tax rate higher than 150 percent of the Federal motor fuels excise tax rate as of the date of enactment of the SAFETEA-LU, the greater of--

          `(i) the applicable percentage under subparagraph (A); or

          `(ii) the average percentage of the State's share of total apportionments for the period of fiscal years 1998 through 2003 for the programs specified in paragraph (2).

      `(2) SPECIFIC PROGRAMS- The programs referred to in paragraph (1)(B)(ii) are (as in effect on the day before the date of enactment of the SAFETEA-LU)--

        `(A) the Interstate maintenance program under section 119;

        `(B) the national highway system program under section 103;

        `(C) the highway bridge replacement and rehabilitation program under section 144;

        `(D) the surface transportation program under section 133;

        `(E) the recreational trails program under section 206;

        `(F) the high priority projects program under section 117;

        `(G) the minimum guarantee provided under this section;

        `(H) revenue aligned budget authority amounts provided under section 110;

        `(I) the congestion mitigation and air quality improvement program under section 149;

        `(J) the Appalachian development highway system program under subtitle IV of title 40; and

        `(K) metropolitan planning programs under section 104(f).

    `(c) Special Rules-

      `(1) MINIMUM COMBINED ALLOCATION- For each fiscal year, before making the allocations under subsection (a)(1), the Secretary shall allocate among the States amounts sufficient to ensure that no State receives a combined total of amounts allocated under subsection (a)(1), apportionments for the programs specified in subsection (a)(2), and amounts allocated under this subsection, that is less than the following percentages of the average for fiscal years 1998 through 2003 of the annual apportionments for the State for all programs specified in subsection (b)(2):

        `(A) For fiscal year 2005, 117 percent.

        `(B) For fiscal year 2006, 118 percent.

        `(C) For fiscal year 2007, 119 percent.

        `(D) For fiscal year 2008, 120 percent.

        `(E) For fiscal year 2009, 121 percent.

      `(2) NO NEGATIVE ADJUSTMENT- No negative adjustment shall be made under subsection (a)(1) to the apportionment of any State.

    `(d) Treatment of Funds-

      `(1) PROGRAMMATIC DISTRIBUTION- The Secretary shall apportion the amounts made available under this section that exceed $2,639,000,000 so that the amount apportioned to each State under this paragraph for each program referred to in subparagraphs (A) through (F) of subsection (a)(2) is equal to the amount determined by multiplying the amount to be apportioned under this paragraph by the ratio that--

        `(A) the amount of funds apportioned to each State for each program referred to in subparagraphs (A) through (F) of subsection (a)(2) for a fiscal year; bears to

        `(B) the total amount of funds apportioned to such State for all such programs for such fiscal year.

      `(2) REMAINING DISTRIBUTION- The Secretary shall administer the remainder of funds made available under this section to the States in accordance with section 104(b)(3), except that paragraphs (1) through (3) of section 133(d) shall not apply to amounts administered pursuant to this paragraph.

    `(e) Metro Planning Set Aside- Notwithstanding section 104(f), no set aside provided for under that section shall apply to funds allocated under this section.

    `(f) Authorization of Appropriations- There are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) such sums as are necessary to carry out this section for each of fiscal years 2005 through 2009.'.

    (b) Clerical Amendment- The analysis for subchapter I of chapter 1 of such title is amended by striking the item relating to section 105 and inserting the following:

`105. Equity bonus program.'.

SEC. 1105. REVENUE ALIGNED BUDGET AUTHORITY.

    (a) Allocation- Section 110(a)(1) of title 23, United States Code, is amended--

      (1) by striking `2000' and inserting `2007';

      (2) by inserting after `such fiscal year' the first place it appears: `and the succeeding fiscal year'.

    (b) Reduction- Section 110(a)(2) of such title is amended--

      (1) by striking `2000' and inserting `2007';

      (2) by striking `October 1 of the succeeding' and inserting `October 15 of such';

      (3) by inserting after `Account)' the following: `for such fiscal year and the succeeding fiscal year'; and

      (4) by adding at the end the following: `No reduction under this paragraph and no reduction under section 1102(h), and no reduction under title VIII or any amendment made by title VIII, of the SAFETEA-LU shall be made for a fiscal year if, as of October 1 of such fiscal year the balance in the Highway Trust Fund (other than the Mass Transit Account) exceeds $6,000,000,000.'.

    (c) General Distribution- Section 110(b)(1)(A) of such title is amended--

      (1) by striking `minimum guarantee' and inserting `equity bonus'; and

      (2) by striking `Transportation Equity Act for the 21st Century' and inserting `SAFETEA-LU'.

    (d) Addition of Highway Safety Improvement Program- Section 110(c) of such title is amended by inserting `the highway safety improvement program,' after `the surface transportation program,'.

    (e) Technical Amendment- Section 110(b)(1)(A) of such title is amended by striking `for' the second place it appears.

    (f) Special Rule- If the amount available pursuant to section 110 of title 23, United States Code, for fiscal year 2007 is greater than zero, the Secretary shall--

      (1) determine the total amount necessary to increase each State's rate of return (as determined under section 105(b)(1)(A) of title 23, United States Code) to 92 percent, excluding amounts provided under this paragraph;

      (2) allocate to each State the lesser of--

        (A) the amount computed for that State under paragraph (1); or

        (B) an amount determined by multiplying the total amount calculated under section 110 of title 23, United States Code, for fiscal year 2007 by the ratio that--

          (i) the amount determined for such State under paragraph (1); bears to

          (ii) the total amount computed for all States in paragraph (1); and

      (3) allocate amounts remaining in excess of the amounts allocated in paragraph (2) to all States in accordance with section 110 of title 23, United States Code.

SEC. 1106. FUTURE INTERSTATE SYSTEM ROUTES.

    (a) Extension of Date- Section 103(c)(4)(B)(ii) of title 23, United States Code, is amended by striking `12' and inserting `25'.

    (b) Removal of Designation- Section 103(c)(4)(B)(iii) of such title is amended--

      (1) in subclause (I) by striking `in the agreement between the Secretary and the State or States'; and

      (2) by adding at the end the following:

            `(III) EXISTING AGREEMENTS- An agreement described in clause (ii) that is entered into before the date of enactment of this subclause shall be deemed to include the 25-year time limitation described in that clause, regardless of any earlier construction completion date in the agreement.'.

SEC. 1107. METROPOLITAN PLANNING.

    Section 104(f) of title 23, United States Code, is amended--

      (1) by striking paragraph (1) and inserting the following:

      `(1) SET-ASIDE- On October 1 of each fiscal year, the Secretary shall set aside 1.25 percent of the funds authorized to be appropriated for the Interstate maintenance, national highway system, surface transportation, congestion mitigation and air quality improvement, and highway bridge replacement and rehabilitation programs authorized under this title to carry out the requirements of section 134.';

      (2) in paragraph (2) by striking `per centum' and inserting `percent';

      (3) in paragraph (3)--

        (A) by striking `The funds' and inserting the following:

        `(A) IN GENERAL- The funds'; and

        (B) by striking `These funds' and all that follows and inserting the following:

        `(B) UNUSED FUNDS- Any funds that are not used to carry out section 134 may be made available by a metropolitan planning organization to the State to fund activities under section 135.'; and

      (4) in paragraph (4)--

        (A) by striking `The distribution' and inserting the following:

        `(A) IN GENERAL- The distribution'; and

        (B) by adding at the end the following:

        `(B) REIMBURSEMENT- Not later than 30 days after the date of receipt by a State of a request for reimbursement of expenditures made by a metropolitan planning organization for carrying out section 134, the State shall reimburse, from funds distributed under this paragraph to the metropolitan planning organization by the State, the metropolitan planning organization for those expenditures.'.

SEC. 1108. TRANSFER OF HIGHWAY AND TRANSIT FUNDS.

    Section 104(k) of title 23, United States Code, is amended to read as follows:

    `(k) Transfer of Highway and Transit Funds-

      `(1) TRANSFER OF HIGHWAY FUNDS FOR TRANSIT PROJECTS-

        `(A) IN GENERAL- Subject to subparagraph (B), funds made available for transit projects or transportation planning under this title may be transferred to and administered by the Secretary in accordance with chapter 53 of title 49.

        `(B) NON-FEDERAL SHARE- The provisions of this title relating to the non-Federal share shall apply to the funds transferred under subparagraph (A).

      `(2) TRANSFER OF TRANSIT FUNDS FOR HIGHWAY PROJECTS-

        `(A) IN GENERAL- Subject to subparagraph (B), funds made available for highway projects or transportation planning under chapter 53 of title 49 may be transferred to and administered by the Secretary in accordance with this title.

        `(B) NON-FEDERAL SHARE- The provisions of chapter 53 of title 49 relating to the non-Federal share shall apply to funds transferred under subparagraph (A).

      `(3) TRANSFER OF FUNDS AMONG STATES OR TO FEDERAL HIGHWAY ADMINISTRATION-

        `(A) IN GENERAL- Subject to subparagraphs (B) and (C), the Secretary may, at the request of a State, transfer funds apportioned or allocated under this title to the State to another State, or to the Federal Highway Administration, for the purpose of funding 1 or more projects that are eligible for assistance with funds so apportioned or allocated.

        `(B) APPORTIONMENT- The transfer shall have no effect on any apportionment of funds to a State under this section or section 105 or 144.

        `(C) SURFACE TRANSPORTATION PROGRAM- Funds that are apportioned or allocated to a State under subsection (b)(3) and attributed to an urbanized area of a State with a population of over 200,000 individuals under section 133(d)(3) may be transferred under this paragraph only if the metropolitan planning organization designated for the area concurs, in writing, with the transfer request.

      `(4) TRANSFER OF OBLIGATION AUTHORITY- Obligation authority for funds transferred under this subsection shall be transferred in the same manner and amount as the funds for the projects that are transferred under this subsection.'.

SEC. 1109. RECREATIONAL TRAILS.

    (a) Recreational Trails Program Formula- Section 104(h) of title 23, United States Code, is amended--

      (1) in paragraph (1) by striking the first sentence and inserting the following: `Before apportioning sums authorized to be appropriated to carry out the recreational trails program under section 206, the Secretary shall deduct for administrative, research, technical assistance, and training expenses for such program $840,000 for each of fiscal years 2005 through 2009.'; and

      (2) in paragraph (2) by striking `After' and all that follows through `remainder of the sums' and inserting `The Secretary shall apportion the sums'.

    (b) Permissible Uses- Section 206(d)(2) of such title is amended to read as follows:

      `(2) PERMISSIBLE USES- Permissible uses of funds apportioned to a State for a fiscal year to carry out this section include--

        `(A) maintenance and restoration of existing recreational trails;

        `(B) development and rehabilitation of trailside and trailhead facilities and trail linkages for recreational trails;

        `(C) purchase and lease of recreational trail construction and maintenance equipment;

        `(D) construction of new recreational trails, except that, in the case of new recreational trails crossing Federal lands, construction of the trails shall be--

          `(i) permissible under other law;

          `(ii) necessary and recommended by a statewide comprehensive outdoor recreation plan that is required by the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et seq.) and that is in effect;

          `(iii) approved by the administering agency of the State designated under subsection (c)(1); and

          `(iv) approved by each Federal agency having jurisdiction over the affected lands under such terms and conditions as the head of the Federal agency determines to be appropriate, except that the approval shall be contingent on compliance by the Federal agency with all applicable laws, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.), and the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);

        `(E) acquisition of easements and fee simple title to property for recreational trails or recreational trail corridors;

        `(F) assessment of trail conditions for accessibility and maintenance;

        `(G) development and dissemination of publications and operation of educational programs to promote safety and environmental protection, (as those objectives relate to 1 or more of the use of recreational trails, supporting non-law enforcement trail safety and trail use monitoring patrol programs, and providing trail-related training), but in an amount not to exceed 5 percent of the apportionment made to the State for the fiscal year; and

        `(H) payment of costs to the State incurred in administering the program, but in an amount not to exceed 7 percent of the apportionment made to the State for the fiscal year.'.

    (c) Use of Apportionments- Section 206(d)(3) of such title is amended--

      (1) by striking subparagraph (C);

      (2) by redesignating subparagraph (D) as subparagraph (C); and

      (3) in subparagraph (C) (as so redesignated) by striking `(2)(F)' and inserting `(2)(H)'.

    (d) Federal Share- Section 206(f) of such title is amended--

      (1) in paragraph (1)--

        (A) by inserting `and the Federal share of the administrative costs of a State' after `project'; and

        (B) by striking `not exceed 80 percent' and inserting `be determined in accordance with section 120(b)';

      (2) in paragraph (2)(A) by striking `80 percent of' and inserting `the amount determined in accordance with section 120(b) for';

      (3) in paragraph (2)(B) by inserting `sponsoring the project' after `Federal agency';

      (4) by striking paragraph (5);

      (5) by redesignating paragraph (4) as paragraph (5);

      (6) in paragraph (5) (as so redesignated) by striking `80 percent' and inserting `the Federal share as determined in accordance with section 120(b)'; and

      (7) by inserting after paragraph (3) the following:

      `(4) USE OF RECREATIONAL TRAILS PROGRAM FUNDS TO MATCH OTHER FEDERAL PROGRAM FUNDS- Notwithstanding any other provision of law, funds made available under this section may be used toward the non-Federal matching share for other Federal program funds that are--

        `(A) expended in accordance with the requirements of the Federal program relating to activities funded and populations served; and

        `(B) expended on a project that is eligible for assistance under this section.'.

    (e) Planning and Environmental Assessment Costs Incurred Prior to Project Approval- Section 206(h)(1) of such title is amended by adding at the end the following:

        `(C) PLANNING AND ENVIRONMENTAL ASSESSMENT COSTS INCURRED PRIOR TO PROJECT APPROVAL- The Secretary may allow preapproval planning and environmental compliance costs to be credited toward the non-Federal share of the cost of a project described in subsection (d)(2) (other than subparagraph (H)) in accordance with subsection (f), limited to costs incurred less than 18 months prior to project approval.'.

    (f) Encouragement of Use of Youth Conservation or Service Corps- The Secretary shall encourage the States to enter into contracts and cooperative agreements with qualified youth conservation or service corps to perform construction and maintenance of recreational trails under section 206 of title 23, United States Code.

SEC. 1110. TEMPORARY TRAFFIC CONTROL DEVICES.

    (a) Standards- Section 109(e) of title 23, United States Code, is amended--

      (1) by striking `(e) No funds' and inserting the following:

    `(e) Installation of Safety Devices-

      `(1) HIGHWAY AND RAILROAD GRADE CROSSINGS AND DRAWBRIDGES- No funds'; and

      (2) by adding at the end the following:

      `(2) TEMPORARY TRAFFIC CONTROL DEVICES- No funds shall be approved for expenditure on any Federal-aid highway, or highway affected under chapter 2, unless proper temporary traffic control devices to improve safety in work zones will be installed and maintained during construction, utility, and maintenance operations on that portion of the highway with respect to which such expenditures are to be made. Installation and maintenance of the devices shall be in accordance with the Manual on Uniform Traffic Control Devices.'.

    (b) Letting of Contracts- Section 112 of such title is amended--

      (1) by striking subsection (f);

      (2) by redesignating subsection (g) as subsection (f); and

      (3) by adding at the end the following:

    `(g) Temporary Traffic Control Devices-

      `(1) ISSUANCE OF REGULATIONS- The Secretary, after consultation with appropriate Federal and State officials, shall issue regulations establishing the conditions for the appropriate use of, and expenditure of funds for, uniformed law enforcement officers, positive protective measures between workers and motorized traffic, and installation and maintenance of temporary traffic control devices during construction, utility, and maintenance operations.

      `(2) EFFECTS OF REGULATIONS- Based on regulations issued under paragraph (1), a State shall--

        `(A) develop separate pay items for the use of uniformed law enforcement officers, positive protective measures between workers and motorized traffic, and installation and maintenance of temporary traffic control devices during construction, utility, and maintenance operations; and

        `(B) incorporate such pay items into contract provisions to be included in each contract entered into by the State with respect to a highway project to ensure compliance with section 109(e)(2).

      `(3) LIMITATION- Nothing in the regulations shall prohibit a State from implementing standards that are more stringent than those required under the regulations.

      `(4) POSITIVE PROTECTIVE MEASURES DEFINED- In this subsection, the term `positive protective measures' means temporary traffic barriers, crash cushions, and other strategies to avoid traffic accidents in work zones, including full road closures.'.

    (c) Clarification of Date- Section 109(g) of such title is amended in the first sentence by striking `The Secretary' and all that follows through `of 1970' and inserting `Not later than January 30, 1971, the Secretary shall issue'.

SEC. 1111. SET-ASIDES FOR INTERSTATE DISCRETIONARY PROJECTS.

    (a) In General- Section 118(c)(1) of title 23, United States Code, is amended by striking `$50,000,000' and all that follows through `2003' and inserting `$100,000,000 for each of fiscal years 2005 through 2009'.

    (b) Technical Amendments-

      (1) SECTION 116- Section 116(b) of such title is amended by striking `highway department' and inserting `transportation department'.

      (2) SECTION 120- Section 120(e) of such title is amended in the first sentence by striking `such system' and inserting `such highway'.

      (3) SECTION 127- Section 127(a) of such title is amended by striking `118(b)(1)' and inserting `118(b)(2)'.

      (4) BICYCLE AND PEDESTRIAN SAFETY GRANTS- Section 1212(i) of the Transportation Equity Act for the 21st Century (112 Stat. 196-197) is amended by redesignating subparagraphs (D) and (E) as paragraphs (2) and (3), respectively, and moving such paragraphs 2 ems to the left.

SEC. 1112. EMERGENCY RELIEF.

    There are authorized to be appropriated for each fiscal year such sums as may be necessary for allocations by the Secretary described in subsections (a) and (b) of section 125 of title 23, United States Code, if the total of those allocations in such fiscal year are in excess of $100,000,000.

SEC. 1113. SURFACE TRANSPORTATION PROGRAM.

    (a) Program Eligibility- Section 133(b) of title 23, United States Code, is amended--

      (1) in paragraph (6) by inserting `, including advanced truck stop electrification systems' before the period at the end; and

      (2) by inserting after paragraph (11) the following:

      `(12) Projects relating to intersections that--

        `(A) have disproportionately high accident rates;

        `(B) have high levels of congestion, as evidenced by--

          `(i) interrupted traffic flow at the intersection; and

          `(ii) a level of service rating that is not better than `F' during peak travel hours, calculated in accordance with the Highway Capacity Manual issued by the Transportation Research Board; and

        `(C) are located on a Federal-aid highway.'.

    (b) Repeal of Safety Programs Set-Aside-

      (1) REPEAL- Section 133(d)(1) of such title is repealed.

      (2) TECHNICAL AMENDMENTS- Section 133(d) of such title is amended--

        (A) in the first sentence of paragraph (3)(A)--

          (i) by striking `subparagraphs (C) and (D)' and inserting `subparagraph (C)'; and

          (ii) by striking `80 percent' and inserting `90 percent';

        (B) in paragraph (3)(B) by striking `tobe' and inserting `to be'; and

        (C) in paragraph (3)--

          (i) by striking subparagraph (C);

          (ii) by redesignating subparagraphs (D) and (E) as subparagraphs (C) and (D), respectively; and

          (iii) in subparagraph (C) (as redesignated by clause (ii)) by adding a period at the end.

      (3) EFFECTIVE DATE- Paragraph (1) and paragraph (2)(A)(ii) of this subsection shall take effect October 1, 2005.

    (c) Transportation Enhancement Activities- Effective October 1, 2005, section 133(d)(2) of such title is amended by striking `10 percent' and all that follows through `section 104(b)(3) for a fiscal year' and inserting the following: `In a fiscal year, the greater of 10 percent of the funds apportioned to a State under section 104(b)(3) for such fiscal year, or the amount set aside under this paragraph with respect to the State for fiscal year 2005,'.

    (d) Obligation Authority- Section 133(f)(1) of such title is amended--

      (1) by striking `1998 through 2000' and inserting `2004 through 2006'; and

      (2) by striking `2001 through 2003' and inserting `2007 through 2009'.

    (e) Technical Correction- Effective June 9, 1998, section 1108(e) of the Transportation Equity Act for the 21st Century (112 Stat. 140) is amended by striking `Section 133' and inserting `Section 133(f)'.

SEC. 1114. HIGHWAY BRIDGE PROGRAM.

    (a) Finding and Declaration- Section 144(a) of title 23, United States Code, is amended to read as follows:

    `(a) Finding and Declaration- Congress finds and declares that it is in the vital interest of the United States that a highway bridge program be carried out to enable States to improve the condition of their highway bridges over waterways, other topographical barriers, other highways, and railroads through replacement and rehabilitation of bridges that the States and the Secretary determine are structurally deficient or functionally obsolete and through systematic preventive maintenance of bridges.'.

    (b) Participation- Section 144(d) of such title is amended to read as follows:

    `(d) Participation-

      `(1) BRIDGE REPLACEMENT AND REHABILITATION- On application by a State or States to the Secretary for assistance for a highway bridge that has been determined to be eligible for replacement or rehabilitation under subsection (b) or (c), the Secretary may approve Federal participation in--

        `(A) replacing the bridge with a comparable facility; or

        `(B) rehabilitating the bridge.

      `(2) TYPES OF ASSISTANCE- On application by a State or States to the Secretary, the Secretary may approve Federal assistance for any of the following activities for a highway bridge that has been determined to be eligible for replacement or rehabilitation under subsection (b) or (c):

        `(A) Painting.

        `(B) Seismic retrofit.

        `(C) Systematic preventive maintenance.

        `(D) Installation of scour countermeasures.

        `(E) Application of calcium magnesium acetate, sodium acetate/formate, or other environmentally acceptable, minimally corrosive anti-icing and de-icing compositions.

      `(3) BASIS FOR DETERMINATION- The Secretary shall determine the eligibility of highway bridges for replacement or rehabilitation for each State based on structurally deficient and functionally obsolete highway bridges in the State.

      `(4) SPECIAL RULE FOR PREVENTIVE MAINTENANCE- Notwithstanding any other provision of this subsection, a State may carry out a project under paragraph (2)(B), (2)(C), or (2)(D) for a highway bridge without regard to whether the bridge is eligible for replacement or rehabilitation under this section.'.

    (c) Apportionment of Funds- Section 144(e) of such title is amended--

      (1) in the third sentence by striking `square footage' and inserting `deck area';

      (2) in the fourth sentence by striking `the total cost of deficient bridges in a State and in all States shall be reduced by the total cost of any highway bridges constructed under subsection (m) in such State, relating to replacement of destroyed bridges and ferryboat services, and,'; and

      (3) in the seventh sentence by striking `for the same period as funds apportioned for projects on the Federal-aid primary system under this title' and inserting `for the period specified in section 118(b)(2)'.

    (d) Off-System Bridges- Section 144(g)(3) of such title is amended to read as follows:

      `(3) OFF-SYSTEM BRIDGES-

        `(A) IN GENERAL- Not less than 15 percent of the amount apportioned to each State in each of fiscal years 2005 through 2009 shall be expended for projects to replace, rehabilitate, paint, perform systematic preventive maintenance or seismic retrofit of, or apply calcium magnesium acetate, sodium acetate/formate, or other environmentally acceptable, minimally corrosive anti-icing and de-icing compositions to, or install scour countermeasures to, highway bridges located on public roads, other than those on a Federal-aid highway, or to complete the Warwick Intermodal Station (including the construction of a people mover between the Station and the T.F. Green Airport).

        `(B) REDUCTION OF EXPENDITURES- The Secretary, after consultation with State and local officials, may reduce the requirement for expenditure for bridges not on a Federal-aid highway under subparagraph (A) with respect to the State if the Secretary determines that the State has inadequate needs to justify the expenditure.'.

    (e) Bridge Set-Aside-

      (1) FISCAL YEAR 2005- Section 144(g)(1)(C) of such title is amended--

        (A) in the subsection heading by striking `2003' and inserting `2005'; and

        (B) in the first sentence by striking `2003' and inserting `2005'.

      (2) FISCAL YEARS 2006 THROUGH 2009- Effective October 1, 2005, section 144(g) of such title (as amended by subsection (d) of this section) is amended--

        (A) by striking the subsection designation and all that follows through the period at the end of paragraph (2) and inserting the following:

    `(g) Bridge Set-Asides-

      `(1) DESIGNATED PROJECTS-

        `(A) IN GENERAL- Of the amounts authorized to be appropriated to carry out the bridge program under this section for each of the fiscal years 2006 through 2009, all but $100,000,000 shall be apportioned as provided in subsection (e). Such $100,000,000 shall be available as follows:

          `(i) $12,500,000 per fiscal year for the Golden Gate Bridge.

          `(ii) $18,750,000 per fiscal year for the construction of a bridge joining the Island of Gravina to the community of Ketchikan in Alaska.

          `(iii) $12,500,000 per fiscal year to the State of Nevada for construction of a replacement of the federally owned bridge over the Hoover Dam in the Lake Mead National Recreation Area.

          `(iv) $12,500,000 per fiscal year to the State of Missouri for construction of a structure over the Mississippi River to connect the city of St. Louis, Missouri, to the State of Illinois.

          `(v) $12,500,000 per fiscal year for replacement and reconstruction of State maintained bridges in the State of Oklahoma.

          `(vi) $4,500,000 per fiscal year for replacement of the Missisquoi Bay Bridge, Vermont.

          `(vii) $8,000,000 per fiscal year for replacement and reconstruction of State-maintained bridges in the State of Vermont.

          `(viii) $8,750,000 per fiscal year for design, planning, and right-of-way acquisition for the Interstate Route 74 bridge from Bettendorf, Iowa, to Moline, Illinois.

          `(ix) $10,000,000 per fiscal year for replacement and reconstruction of State-maintained bridges in the State of Oregon.

        `(B) GRAVINA ACCESS SCORING- The project described in subparagraph (A)(ii) shall not be counted for purposes of the reduction set forth in the fourth sentence of subsection (e).

        `(C) PERIOD OF AVAILABILITY- Amounts made available to a State under this paragraph shall remain available until expended.';

        (B) by striking paragraph (2); and

        (C) by redesignating paragraph (3) as paragraph (2).

    (f) Continuation of Report; Federal Share- Section 144 of such title is amended by adding at the end the following:

    `(r) Annual Materials Report on New Bridge Construction and Bridge Rehabilitation- Not later than 1 year after the date of enactment of this subsection, and annually thereafter, the Secretary shall publish in the Federal Register a report describing construction materials used in new Federal-aid bridge construction and bridge rehabilitation projects.

    `(s) Federal Share-

      `(1) IN GENERAL- Except as provided under paragraph (2), the Federal share of the cost of a project payable from funds made available to carry out this section shall be determined under section 120(b).

      `(2) INTERSTATE SYSTEM- The Federal share of the cost of a project on the Interstate System payable from funds made available to carry out this section shall be determined under section 120(a).'.

    (g) Technical Amendment- Section 144(i) of such title is amended by striking `at the same time' and all that follows through `Congress'.

SEC. 1115. HIGHWAY USE TAX EVASION PROJECTS.

    (a) Eligible Activities-

      (1) INTERGOVERNMENTAL ENFORCEMENT EFFORTS- Section 143(b)(2) of title 23, United States Code, is amended by inserting before the period the following: `; except that of funds so made available for each of fiscal years 2005 through 2009, $2,000,000 shall be available only to carry out intergovernmental enforcement efforts, including research and training'.

      (2) CONDITIONS ON FUNDS ALLOCATED TO INTERNAL REVENUE SERVICE- Section 143(b)(3) of such title is amended by striking `The' and inserting `Except as otherwise provided in this section, the'.

      (3) LIMITATION ON USE OF FUNDS- Section 143(b)(4) of such title is amended--

        (A) by striking `and' at the end of subparagraph (F);

        (B) by striking the period at the end of subparagraph (G) and inserting a semicolon; and

        (C) by adding at the end the following:

        `(H) to support efforts between States and Indian tribes to address issues relating to State motor fuel taxes; and

        `(I) to analyze and implement programs to reduce tax evasion associated with foreign imported fuel.'.

      (4) REPORTS- Section 143(b) of such title is amended by adding at the end the following:

      `(9) REPORTS- The Commissioner of the Internal Revenue Service and each State shall submit to the Secretary an annual report that describes the projects, examinations, and criminal investigations funded by and carried out under this section. Such report shall specify the estimated annual yield from such projects, examinations, and criminal investigations.'.

    (b) Excise Fuel Reporting System- Section 143(c) of such title is amended to read as follows:

    `(c) Excise Tax Fuel Reporting-

      `(1) IN GENERAL- Not later than 90 days after the date of enactment of the SAFETEA-LU, the Secretary shall enter into a memorandum of understanding with the Commissioner of the Internal Revenue Service for the purposes of--

        `(A) the additional development of capabilities needed to support new reporting requirements and databases established under such Act and the American Jobs Creation Act of 2004 (P.L. 108-357), and such other reporting requirements and database development as may be determined by the Secretary, in consultation with the Commissioner of the Internal Revenue Service, to be useful in the enforcement of fuel excise taxes, including provisions recommended by the Fuel Tax Enforcement Advisory Committee;

        `(B) the completion of requirements needed for the electronic reporting of fuel transactions from carriers and terminal operators,

        `(C) the operation and maintenance of an excise summary terminal activity reporting system and other systems used to provide strategic analyses of domestic and foreign motor fuel distribution trends and patterns,

        `(D) the collection, analysis, and sharing of information on fuel distribution and compliance or noncompliance with fuel taxes, and

        `(E) the development, completion, operation, and maintenance of an electronic claims filing system and database and an electronic database of heavy vehicle highway use payments.

      `(2) ELEMENTS OF MEMORANDUM OF UNDERSTANDING- The memorandum of understanding shall provide that--

        `(A) the Internal Revenue Service shall develop and maintain any system under paragraph (1) through contracts,

        `(B) any system under paragraph (1) shall be under the control of the Internal Revenue Service, and

        `(C) any system under paragraph (1) shall be made available for use by appropriate State and Federal revenue, tax, and law enforcement authorities, subject to section 6103 of the Internal Revenue Code of 1986.

      `(3) FUNDING- Of the amounts made available to carry out this section for each of fiscal years 2005 through 2009, the Secretary shall make available to the Internal Revenue Service such funds as may be necessary to complete, operate, and maintain the systems under paragraph (1) in accordance with this subsection.

      `(4) REPORTS- Not later than September 30 of each year, the Commissioner of the Internal Revenue Service shall provide reports to the Secretary on the status of the Internal Revenue Service projects funded under this subsection.'.

    (c) Allocations- Of the amounts authorized to be appropriated under section 1101(a)(21) of this Act for highway use tax evasion projects for each of the fiscal years 2005 through 2009, the following amounts shall be allocated to the Internal Revenue Service to carry out section 143 of title 23, United States Code:

      (1) $5,000,000 for fiscal year 2005.

      (2) $44,800,000 for fiscal year 2006.

      (3) $53,300,000 for fiscal year 2007.

      (4) $12,000,000 for each of fiscal years 2008 and 2009.

SEC. 1116. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM.

    (a) Apportionment- The Secretary shall apportion funds made available by section 1101(a)(7) of this Act for fiscal years 2005 through 2009 among the States based on the latest available cost to complete estimate for the Appalachian development highway system under section 14501 of title 40, United States Code.

    (b) Applicability of Title 23- Funds made available by section 1101(a)(7) of this Act for the Appalachian development highway system shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code; except that the Federal share of the cost of any project under this section shall be determined in accordance with section 14501 of title 40, United States Code, and such funds shall be available to construct highways and access roads under such section and shall remain available until expended.

    (c) Use of Toll Credits- Section 120(j)(1) of title 23, United States Code, is amended by inserting `and the Appalachian development highway system program under section 14501 of title 40' after `section 125'.

SEC. 1117. TRANSPORTATION, COMMUNITY, AND SYSTEM PRESERVATION PROGRAM.

    (a) Establishment- In cooperation with appropriate State, tribal, regional, and local governments, the Secretary shall 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.

    (b) Purpose- Through the program under this section, the Secretary shall facilitate the planning, development, and implementation of strategies to integrate transportation, community, and system preservation plans and practices that address 1 or more of the following:

      (1) Improve the efficiency of the transportation system of the United States.

      (2) Reduce the impacts of transportation on the environment.

      (3) Reduce the need for costly future investments in public infrastructure.

      (4) Provide efficient access to jobs, services, and centers of trade.

      (5) Examine community development patterns and identify strategies to encourage private sector development that achieves the purposes identified in paragraphs (1) through (4).

    (c) General Authority- The Secretary shall allocate funds made available to carry out this section to States, metropolitan planning organizations, local governments, and tribal governments to carry out eligible projects to integrate transportation, community, and system preservation plans and practices.

    (d) Eligibility- A project described in subsection (c) is an eligible project under this section if the project--

      (1) is eligible for assistance under title 23 or chapter 53 of title 49, United States Code; or

      (2) is to conduct any other activity relating to transportation, community, and system preservation that the Secretary determines to be appropriate, including corridor preservation activities that are necessary to implement 1 or more of the following:

        (A) Transit-oriented development plans.

        (B) Traffic calming measures.

        (C) Other coordinated transportation, community, and system preservation practices.

    (e) Criteria- In allocating funds made available to carry out this section, the Secretary shall give priority consideration to applicants that--

      (1) have instituted preservation or development plans and programs that--

        (A) are coordinated with State and local preservation or development plans, including transit-oriented development plans;

        (B) promote cost-effective and strategic investments in transportation infrastructure that minimize adverse impacts on the environment; or

        (C) promote innovative private sector strategies;

      (2) have instituted other policies to integrate transportation, community, and system preservation practices, such as--

        (A) spending policies that direct funds to high-growth areas;

        (B) urban growth boundaries to guide metropolitan expansion;

        (C) `green corridors' programs that provide access to major highway corridors for areas targeted for efficient and compact development; or

        (D) other similar programs or policies as determined by the Secretary;

      (3) have preservation or development policies that include a mechanism for reducing potential impacts of transportation activities on the environment;

      (4) demonstrate a commitment to public and private involvement, including the involvement of nontraditional partners in the project team; and

      (5) examine ways to encourage private sector investments that address the purposes of this section.

    (f) Equitable Distribution- In allocating funds to carry out this section, the Secretary shall ensure the equitable distribution of funds to a diversity of populations and geographic regions.

    (g) Funding-

      (1) IN GENERAL- There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $25,000,000 for fiscal year 2005 and $61,250,000 for each of fiscal years 2006, 2007, 2008, and 2009.

      (2) CONTRACT AUTHORITY- Funds made available to carry out this section shall be available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code; except that such funds shall not be transferable, and the Federal share for projects and activities carried out with such funds shall be determined in accordance with section 120(b) of title 23, United States Code.

    (h) Conforming Amendment- Section 1221 of the Transportation Equity Act for the 21st Century (23 U.S.C. 101 note; 112 Stat. 221) is repealed.

SEC. 1118. TERRITORIAL HIGHWAY PROGRAM.

    (a) In General- Chapter 2 of title 23, United States Code, is amended by striking section 215 and inserting the following:

`Sec. 215. Territorial highway program

    `(a) Definitions- In this section, the following definitions apply:

      `(1) PROGRAM- The term `program' means the territorial highway program established under subsection (b).

      `(2) TERRITORY- The term `territory' means the any of the following territories of the United States:

        `(A) American Samoa.

        `(B) The Commonwealth of the Northern Mariana Islands.

        `(C) Guam.

        `(D) The United States Virgin Islands.

    `(b) Program-

      `(1) IN GENERAL- Recognizing the mutual benefits that will accrue to the territories and the United States from the improvement of highways in the territories, the Secretary may carry out a program to assist each government of a territory in the construction and improvement of a system of arterial and collector highways, and necessary inter-island connectors, that is--

        `(A) designated by the Governor or chief executive officer of each territory; and

        `(B) approved by the Secretary.

      `(2) FEDERAL SHARE- The Federal share of Federal financial assistance provided to territories under this section shall be in accordance with section 120(h).

    `(c) Technical Assistance-

      `(1) IN GENERAL- To continue a long-range highway development program, the Secretary may provide technical assistance to the governments of the territories to enable the territories to, on a continuing basis--

        `(A) engage in highway planning;

        `(B) conduct environmental evaluations;

        `(C) administer right-of-way acquisition and relocation assistance programs; and

        `(D) design, construct, operate, and maintain a system of arterial and collector highways, including necessary inter-island connectors.

      `(2) FORM AND TERMS OF ASSISTANCE- Technical assistance provided under paragraph (1), and the terms for the sharing of information among territories receiving the technical assistance, shall be included in the agreement required by subsection (e).

    `(d) Nonapplicability of Certain Provisions-

      `(1) IN GENERAL- Except to the extent that provisions of chapter 1 are determined by the Secretary to be inconsistent with the needs of the territories and the intent of the program, chapter 1 (other than provisions of chapter 1 relating to the apportionment and allocation of funds) shall apply to funds authorized to be appropriated for the program.

      `(2) APPLICABLE PROVISIONS- The agreement required by subsection (e) for each territory shall identify the sections of chapter 1 that are applicable to that territory and the extent of the applicability of those sections.

    `(e) Agreement-

      `(1) IN GENERAL- Except as provided in paragraph (4), none of the funds made available for the program shall be available for obligation or expenditure with respect to any territory until the chief executive officer of the territory enters into an agreement with the Secretary (not later than 1 year after the date of enactment of SAFETEA-LU), providing that the government of the territory shall--

        `(A) implement the program in accordance with applicable provisions of chapter 1 and subsection (d);

        `(B) design and construct a system of arterial and collector highways, including necessary inter-island connectors, in accordance with standards that are--

          `(i) appropriate for each territory; and

          `(ii) approved by the Secretary;

        `(C) provide for the maintenance of facilities constructed or operated under this section in a condition to adequately serve the needs of present and future traffic; and

        `(D) implement standards for traffic operations and uniform traffic control devices that are approved by the Secretary.

      `(2) TECHNICAL ASSISTANCE- The agreement required by paragraph (1) shall--

        `(A) specify the kind of technical assistance to be provided under the program;

        `(B) include appropriate provisions regarding information sharing among the territories; and

        `(C) delineate the oversight role and responsibilities of the territories and the Secretary.

      `(3) REVIEW AND REVISION OF AGREEMENT- The agreement entered into under paragraph (1) shall be reevaluated and, as necessary, revised, at least every 2 years.

      `(4) EXISTING AGREEMENTS- With respect to an agreement under the section between the Secretary and the chief executive officer of a territory that is in effect as of the date of enactment of the SAFETEA-LU--

        `(A) the agreement shall continue in force until replaced by an agreement entered into in accordance with paragraph (1); and

        `(B) amounts made available for the program under the existing agreement shall be available for obligation or expenditure so long as the agreement, or the existing agreement entered into under paragraph (1), is in effect.

    `(f) Permissible Uses of Funds-

      `(1) IN GENERAL- Funds made available for the program may be used only for the following projects and activities carried out in a territory:

        `(A) Eligible surface transportation program projects described in section 133(b).

        `(B) Cost-effective, preventive maintenance consistent with section 116(d).

        `(C) Ferry boats, terminal facilities, and approaches, in accordance with subsections (b) and (c) of section 129.

        `(D) Engineering and economic surveys and investigations for the planning, and the financing, of future highway programs.

        `(E) Studies of the economy, safety, and convenience of highway use.

        `(F) The regulation and equitable taxation of highway use.

        `(G) Such research and development as are necessary in connection with the planning, design, and maintenance of the highway system.

      `(2) PROHIBITION ON USE OF FUNDS FOR ROUTINE MAINTENANCE- None of the funds made available for the program shall be obligated or expended for routine maintenance.

    `(g) Location of Projects- Territorial highway projects (other than those described in paragraphs (1), (3), and (4) of section 133(b)) may not be undertaken on roads functionally classified as local.'.

    (b) Conforming Amendments-

      (1) ELIGIBLE PROJECTS- Section 103(b) of such title is amended--

        (A) in the heading for paragraph (6) by striking `ELIGIBLE' and inserting `STATE ELIGIBLE';

        (B) in paragraph (6) by striking subparagraph (P); and

        (C) by adding at the end the following:

      `(7) TERRITORY ELIGIBLE PROJECTS- Subject to approval by the Secretary, funds set aside for this program under section 104(b)(1) for the National Highway System may be obligated for projects eligible for assistance under the territorial highway program under section 215.'.

      (2) FUNDING- Section 104(b)(1)(A) of such title is amended by striking `to the Virgin Islands, Guam, American Samoa, and the Commonwealth of Northern Mariana Islands' and inserting `for the territorial highway program under section 215'.

      (3) CLERICAL AMENDMENT- The analysis for chapter 2 of such title is amended by striking the item relating to section 215 and inserting the following:

`215. Territorial highway program.'.

SEC. 1119. FEDERAL LANDS HIGHWAYS.

    (a) Federal Share Payable-

      (1) IN GENERAL- Section 120(k) of title 23, United States Code, is amended--

        (A) by striking `Federal-aid highway'; and

        (B) by striking `section 104' and inserting `this title or chapter 53 of title 49'.

      (2) TECHNICAL REFERENCES- Section 120(l) of such title is amended by striking `section 104' and inserting `this title or chapter 53 of title 49'.

    (b) Payments to Federal Agencies for Federal-Aid Projects- Section 132 of such title is amended--

      (1) by striking the first 2 sentences and inserting the following:

    `(a) In General- In a case 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, the State may--

      `(1) direct the Secretary to transfer the funds for the Federal share of the project directly to the Federal agency; or

      `(2) make such deposit with, or payment to, the Federal agency as is required to meet the obligation of the State under the agreement for the work undertaken or to be undertaken by the Federal agency.

    `(b) Reimbursement- On execution with a State of a project agreement described in subsection (a), the Secretary may reimburse the State, using any available funds, for the estimated Federal share under this title of the obligation of the State deposited or paid under subsection (a)(2).'; and

      (2) in the last sentence by striking `Any sums' and inserting the following:

    `(c) Recovery and Crediting of Funds- Any sums'.

    (c) Allocations- Section 202 of such title is amended--

      (1) in subsection (a) by striking `(a) On October 1' and all that follows through `Such allocation' and inserting the following:

    `(a) Allocation Based on Need-

      `(1) IN GENERAL- On October 1 of each fiscal year, the Secretary shall allocate sums authorized to be appropriated for the fiscal year for forest development roads and trails according to the relative needs of the various national forests and grasslands.

      `(2) PLANNING- The allocation under paragraph (1)';

      (2) in subsection (d)(2)--

        (A) by adding at the end the following:

        `(E) TRANSFERRED FUNDS-

          `(i) IN GENERAL- Not later than 30 days after the date on which funds are made available to the Secretary of the Interior under this paragraph, the funds shall be distributed to, and available for immediate use by, the eligible Indian tribes, in accordance with the formula for distribution of funds under the Indian reservation roads program.

          `(ii) USE OF FUNDS- Notwithstanding any other provision of this section, funds available to Indian tribes for Indian reservation roads shall be expended on projects identified in a transportation improvement program approved by the Secretary.'; and

        (B) in subsection (d)(3)(A) by striking `under this title' and inserting `under this chapter and section 125(e)'.

    (d) Federal Lands Highways Program- Section 202 of such title is amended by striking subsection (b) and inserting the following:

    `(b) Allocation for Public Lands Highways-

      `(1) PUBLIC LANDS HIGHWAYS-

        `(A) IN GENERAL- On October 1 of each fiscal year, the Secretary shall allocate 34 percent of the sums authorized to be appropriated for that fiscal year for public lands highways among those States having unappropriated or unreserved public lands, nontaxable Indian lands, or other Federal reservations, on the basis of need in the States, respectively, as determined by the Secretary, on application of the State transportation departments of the respective States.

        `(B) PREFERENCE- In making the allocation under subparagraph (A), the Secretary shall give preference to those projects that are significantly impacted by Federal land and resource management activities that are proposed by a State that contains at least 3 percent of the total public land in the United States.

      `(2) FOREST HIGHWAYS-

        `(A) IN GENERAL- On October 1 of each fiscal year, the Secretary shall allocate 66 percent of the funds authorized to be appropriated for public lands highways for forest highways in accordance with section 134 of the Federal-Aid Highway Act of 1987 (23 U.S.C. 202 note; 101 Stat. 173).

        `(B) PUBLIC ACCESS TO AND WITHIN NATIONAL FOREST SYSTEM- In making the allocation under subparagraph (A), the Secretary shall give equal consideration to projects that provide access to and within the National Forest System, as identified by the Secretary of Agriculture through--

          `(i) renewable resource and land use planning; and

          `(ii) assessments of the impact of that planning on transportation facilities.'.

    (e) BIA Administrative Expenses- Section 202(d)(2) of such title (as amended by subsection (c)(2) of this section) is amended by adding at the end the following:

        `(F) ADMINISTRATIVE EXPENSES-

          `(i) IN GENERAL- Of the funds authorized to be appropriated for Indian reservation roads, $20,000,000 for fiscal year 2006, $22,000,000 for fiscal year 2007, $24,500,000 for fiscal year 2008, and $27,000,000 for fiscal year 2009 may be used by the Secretary of the Interior for program management and oversight and project-related administrative expenses.

          `(ii) HEALTH AND SAFETY ASSURANCES- Notwithstanding any other provision of law, an Indian tribal government may approve plans, specifications, and estimates and commence road and bridge construction with funds made available for Indian reservation roads under the Transportation Equity Act for the 21st Century (Public Law 105-178) and SAFETEA-LU through a contract or agreement under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b et seq.) if the Indian tribal government--

            `(I) provides assurances in the contract or agreement that the construction will meet or exceed applicable health and safety standards;

            `(II) obtains the advance review of the plans and specifications from a State-licensed civil engineer that has certified that the plans and specifications meet or exceed the applicable health and safety standards; and

            `(III) provides a copy of the certification under subclause (I) to the Deputy Assistant Secretary for Tribal Government Affairs or the Assistant Secretary for Indian Affairs, as appropriate.'.

    (f) National Tribal Transportation Facility Inventory- Section 202(d)(2) of such title (as amended by subsection (e)) is amended by adding at the end the following:

        `(G) NATIONAL TRIBAL TRANSPORTATION FACILITY INVENTORY-

          `(i) IN GENERAL- Not later than 2 years after the date of enactment of the SAFETEA-LU, the Secretary, in cooperation with the Secretary of the Interior, shall complete a comprehensive national inventory of transportation facilities that are eligible for assistance under the Indian reservation roads program.

          `(ii) TRANSPORTATION FACILITIES INCLUDED IN THE INVENTORY- For purposes of identifying the tribal transportation system and determining the relative transportation needs among Indian tribes, the Secretary shall include, at a minimum, transportation facilities that are eligible for assistance under the Indian reservation

roads program that a tribe has requested, including facilities that--

            `(I) were included in the Bureau of Indian Affairs system inventory for funding formula purposes in 1992 or any subsequent fiscal year;

            `(II) were constructed or reconstructed with funds from the Highway Trust Funds (other than the Mass Transit Account) under the Indian reservation roads program since 1983;

            `(III) are owned by an Indian tribal government; or

            `(IV) are community streets or bridges within the exterior boundary of Indian reservations, Alaska Native villages, and other recognized Indian communities (including communities in former Indian reservations in Oklahoma) in which the majority of residents are American Indians or Alaska Natives; or

            `(V) are primary access routes proposed by tribal governments, including roads between villages, roads to landfills, roads to drinking water sources, roads to natural resources identified for economic development, and roads that provide access to intermodal termini, such as airports, harbors, or boat landings.

          `(iii) LIMITATION ON PRIMARY ACCESS ROUTES- For purposes of this subparagraph, a proposed primary access route is the shortest practicable route connecting 2 points of the proposed route.

          `(iv) ADDITIONAL FACILITIES- Nothing in this subparagraph shall preclude the Secretary from including additional transportation facilities that are eligible for funding under the Indian reservation roads program in the inventory used for the national funding allocation if such additional facilities are included in the inventory in a uniform and consistent manner nationally.

          `(v) REPORT TO CONGRESS- Not later than 90 days after the date of completion of the inventory under this subparagraph, the Secretary shall prepare and submit a report to Congress that includes the data gathered and the results of the inventory.'.

    (g) Indian Reservation Road Bridges- Section 202(d)(4) of such title is amended--

      (1) in subparagraph (B)--

        (A) by striking `(B) RESERVATION- Of the amounts' and all that follows through `to replace,' and inserting the following:

        `(B) FUNDING-

          `(i) AUTHORIZATION OF APPROPRIATIONS- In addition to any other funds made available for Indian reservation roads for each fiscal year, there is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) $14,000,000 for each of fiscal years 2005 through 2009 to carry out planning, design, engineering, preconstruction, construction, and inspection of projects to replace,'; and

        (B) by adding at the end the following:

          `(ii) AVAILABILITY- Funds made available to carry out this subparagraph shall be available for obligation in the same manner as if such funds were apportioned under chapter 1.';

      (2) in subparagraph (C) by striking clause (iii) and inserting the following:

          `(iii) be structurally deficient or functionally obsolete; and'; and

      (3) by striking subparagraph (D) and inserting the following:

        `(D) APPROVAL REQUIREMENT-

          `(i) IN GENERAL- Subject to clause (ii), on request by an Indian tribe or the Secretary of the Interior, the Secretary may make funds available under this subsection for preliminary engineering for Indian reservation road bridge projects.

          `(ii) CONSTRUCTION AND CONSTRUCTION ENGINEERING- The Secretary may make funds available under clause (i) for construction and construction engineering after approval of applicable plans, specifications, and estimates in accordance with this title.'.

      (4) CONTRACTS AND AGREEMENTS WITH INDIAN TRIBES- Section 202(d) of such title is amended by adding at the end the following:

      `(5) CONTRACTS AND AGREEMENTS WITH INDIAN TRIBES-

        `(A) IN GENERAL- Notwithstanding any other provision of law or any interagency agreement, program guideline, manual, or policy directive, all funds made available to an Indian tribal government under this chapter for a highway, road, bridge, parkway, or transit facility program or project that is located on an Indian reservation or provides access to the reservation or a community of the Indian tribe shall be made available, on the request of the Indian tribal government, to the Indian tribal government for use in carrying out, in accordance with the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), contracts and agreements for the planning, research, design, engineering, construction, and maintenance relating to the program or project.

        `(B) EXCLUSION OF AGENCY PARTICIPATION- In accordance with subparagraph (A), all funds for a program or project to which subparagraph (A) applies shall be paid to the Indian tribal government without regard to the organizational level at which the Department of the Interior has previously carried out, or the Department of Transportation has previously carried out under the Federal lands highway programs, the programs, functions, services, or activities involved.

        `(C) CONSORTIA- Two or more Indian tribes that are otherwise eligible to participate in a program or project to which this chapter applies may form a consortium to be considered as a single Indian tribe for the purpose of participating in the project under this section.

        `(D) SECRETARY AS SIGNATORY- Notwithstanding any other provision of law, the Secretary is authorized to enter into a funding agreement with an Indian tribal government to carry out a highway, road, bridge, parkway, or transit program or project under subparagraph (A) that is located on an Indian reservation or provides access to the reservation or a community of the Indian tribe.

        `(E) FUNDING- The amount an Indian tribal government receives for a program or project under subparagraph (A) shall equal the sum of the funding that the Indian tribal government would otherwise receive for the program or project in accordance with the funding formula established under this subsection and such additional amounts as the Secretary determines equal the amounts that would have been withheld for the costs of the Bureau of Indian Affairs for administration of the program or project.

        `(F) ELIGIBILITY-

          `(i) IN GENERAL- Subject to clause (ii), funds may be made available under subparagraph (A) to an Indian tribal government for a program or project in a fiscal year only if the Indian tribal government requesting such funds demonstrates to the satisfaction of the Secretary financial stability and financial management capability during the 3 fiscal years immediately preceding the fiscal year for which the request is being made.

          `(ii) CRITERIA FOR DETERMINING FINANCIAL STABILITY AND FINANCIAL MANAGEMENT CAPABILITY- An Indian tribal government that had no uncorrected significant and material audit exceptions in the required annual audit of the Indian tribal government self-determination contracts or self-governance funding agreements with any Federal agency during the 3-fiscal year period referred in clause (i) shall be conclusive evidence of the financial stability and financial management capability for purposes of clause (i).

        `(G) ASSUMPTION OF FUNCTIONS AND DUTIES- An Indian tribal government receiving funding under subparagraph (A) for a program or project shall assume all functions and duties that the Secretary of the Interior would have performed with respect to a program or project under this chapter, other than those functions and duties that inherently cannot be legally transferred under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b et seq.).

        `(H) POWERS- An Indian tribal government receiving funding under subparagraph (A) for a program or project shall have all powers that the Secretary of the Interior would have exercised in administering the funds transferred to the Indian tribal government for such program or project under this section if the funds had not been transferred, except to the extent that such powers are powers that inherently cannot be legally transferred under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b et seq.).

        `(I) DISPUTE RESOLUTION- In the event of a disagreement between the Secretary or the Secretary of the Interior and an Indian tribe over whether a particular function, duty, or power may be lawfully transferred under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b et seq.), the Indian tribe shall have the right to pursue all alternative dispute resolutions and appeal procedures authorized by such Act, including regulations issued to carry out such Act.

        `(J) TERMINATION OF CONTRACT OR AGREEMENT- On the date of the termination of a contract or agreement under this section by an Indian tribal government, the Secretary shall transfer all funds that would have been allocated to the Indian tribal government under the contract or agreement to the Secretary of the Interior to provide continued transportation services in accordance with applicable law.'.

    (h) Planning and Agency Coordination- Section 204 of such title is amended--

      (1) in subsection (a)(1) by inserting `refuge roads,' after `parkways,'; and

      (2) by striking subsection (b) and inserting the following:

    `(b) Use of Funds-

      `(1) IN GENERAL- Funds made available for public lands highways, park roads and parkways, and Indian reservation roads shall be used by the Secretary and the Secretary of the appropriate Federal land management agency to pay the cost of--

        `(A) transportation planning, research, and engineering and construction of, highways, roads, parkways, and transit facilities located on public lands, national parks, and Indian reservations; and

        `(B) operation and maintenance of transit facilities located on public lands, national parks, and Indian reservations.

      `(2) CONTRACT- In connection with an activity described in paragraph (1), the Secretary and the Secretary of the appropriate Federal land management agency may enter into a contract or other appropriate agreement with respect to such activity with--

        `(A) a State (including a political subdivision of a State); or

        `(B) an Indian tribe.

      `(3) INDIAN RESERVATION ROADS- In the case of an Indian reservation road--

        `(A) Indian labor may be employed, in accordance with such rules and regulations as may be promulgated by the Secretary of the Interior, to carry out any construction or other activity described in paragraph (1); and

        `(B) funds made available to carry out this section may be used to pay bridge preconstruction costs (including planning, design, and engineering).

      `(4) FEDERAL EMPLOYMENT- No maximum limitation on Federal employment shall be applicable to construction or improvement of Indian reservation roads.

      `(5) AVAILABILITY OF FUNDS- Funds made available under this section for each class of Federal lands highways shall be available for any transportation project eligible for assistance under this title that is within or adjacent to, or that provides access to, the areas served by the particular class of Federal lands highways.

      `(6) RESERVATION OF FUNDS- The Secretary of the Interior may reserve funds from administrative funds of the Bureau of Indian Affairs that are associated with the Indian reservation roads program to finance Indian technical centers under section 504(b).'.

    (i) Maintenance of Indian Reservation Roads- Section 204(c) of such title is amended by striking the second and third sentences and inserting the following: `Notwithstanding any other provision of this title, of the amount of funds allocated for Indian reservation roads from the Highway Trust Fund, not more than 25 percent of the funds allocated to an Indian tribe may be expended for the purpose of maintenance, excluding road sealing which shall not be subject to any limitation. The Bureau of Indian Affairs shall continue to retain primary responsibility, including annual funding request responsibility, for road maintenance programs on Indian reservations. The Secretary shall ensure that funding made available under this subsection for maintenance of Indian reservation roads for each fiscal year is supplementary to and not in lieu of any obligation of funds by the Bureau of Indian Affairs for road maintenance programs on Indian reservations.'.

    (j) Refuge Roads- Section 204(k)(1) of such title is amended--

      (1) in subparagraph (B)--

        (A) by striking `(2), (5),' and inserting `(2), (3), (5),'; and

        (B) by striking `and' after the semicolon;

      (2) in subparagraph (C) by striking the period at the end and inserting a semicolon; and

      (3) by adding at the end the following:

        `(D) the non-Federal share of the cost of any project funded under this title or chapter 53 of title 49 that provides access to or within a wildlife refuge; and

        `(E) maintenance and improvement of recreational trails; except that expenditures on trails under this subparagraph shall not exceed 5 percent of available funds for each fiscal year.'.

    (k) Tribal-State Road Maintenance Agreements- Section 204 of such title is amended by adding at the end the following:

    `(l) Tribal-State Road Maintenance Agreements-

      `(1) IN GENERAL- An Indian tribe and a State may enter into a road maintenance agreement under which an Indian tribe assumes the responsibilities of the State for--

        `(A) Indian reservation roads; and

        `(B) roads providing access to Indian reservation roads.

      `(2) TRIBAL-STATE AGREEMENTS- Agreements entered into under paragraph (1)--

        `(A) shall be negotiated between the State and the Indian tribe; and

        `(B) shall not require the approval of the Secretary.

      `(3) ANNUAL REPORT- Effective beginning with fiscal year 2005, the Secretary shall prepare and submit to Congress an annual report that identifies--

        `(A) the Indian tribes and States that have entered into agreements under paragraph (1);

        `(B) the number of miles of roads for which Indian tribes have assumed maintenance responsibilities; and

        `(C) the amount of funding transferred to Indian tribes for the fiscal year under agreements entered into under paragraph (1).'.

    (l) Deputy Assistant Secretary of Transportation for Tribal Government Affairs- Section 102 of title 49, United States Code, is amended--

      (1) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and

      (2) by inserting after subsection (e) the following:

    `(f) Deputy Assistant Secretary for Tribal Government Affairs-

      `(1) ESTABLISHMENT- In accordance with Federal policies promoting Indian self determination, the Department of Transportation shall have, within the office of the Secretary, a Deputy Assistant Secretary for Tribal Government Affairs appointed by the President to plan, coordinate, and implement the Department of Transportation policy and programs serving Indian tribes and tribal organizations and to coordinate tribal transportation programs and activities in all offices and administrations of the Department and to be a participant in any negotiated rulemaking relating to, or having an impact on, projects, programs, or funding associated with the tribal transportation program.

      `(2) RESERVATION OF TRUST OBLIGATIONS-

        `(A) RESPONSIBILITY OF SECRETARY- In carrying out this title, the Secretary shall be responsible to exercise the trust obligations of the United States to Indians and Indian tribes to ensure that the rights of a tribe or individual Indian are protected.

        `(B) PRESERVATION OF UNITED STATES RESPONSIBILITY- Nothing in this title shall absolve the United States from any responsibility to Indians and Indian tribes, including responsibilities derived from the trust relationship and any treaty, executive order, or agreement between the United States and an Indian tribe.'.

    (m) Forest Highways- Of the amounts made available for public lands highways under section 1101--

      (1) not to exceed $20,000,000 per fiscal year may be used for the maintenance of forest highways;

      (2) not to exceed $1,000,000 per fiscal year may be used for signage identifying public hunting and fishing access; and

      (3) not to exceed $10,000,000 per fiscal year shall be used by the Secretary of Agriculture to pay the costs of facilitating the passage of aquatic species beneath roads in the National Forest System, including the costs of constructing, maintaining, replacing, or removing culverts and bridges, as appropriate.

    (n) Wildlife Vehicle Collision Reduction Study-

      (1) IN GENERAL- The Secretary shall conduct a study of methods to reduce collisions between motor vehicles and wildlife (in this subsection referred to as `wildlife vehicle collisions').

      (2) CONTENTS-

        (A) AREAS OF STUDY- The study shall include an assessment of the causes and impacts of wildlife vehicle collisions and solutions and best practices for reducing such collisions.

        (B) METHODS FOR CONDUCTING THE STUDY- In carrying out the study, the Secretary shall--

          (i) conduct a thorough literature review; and

          (ii) survey current practices of the Department of Transportation.

      (3) CONSULTATION- In carrying out the study, the Secretary shall consult with appropriate experts in the field of wildlife vehicle collisions.

      (4) REPORT-

        (A) IN GENERAL- Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a report on the results of the study.

        (B) CONTENTS- The report shall include a description of each of the following:

          (i) Causes of wildlife vehicle collisions.

          (ii) Impacts of wildlife vehicle collisions.

          (iii) Solutions to and prevention of wildlife vehicle collisions.

      (5) MANUAL-

        (A) DEVELOPMENT- Based upon the results of the study, the Secretary shall develop a best practices manual to support State efforts to reduce wildlife vehicle collisions.

        (B) AVAILABILITY- The manual shall be made available to States not later than 1 year after the date of transmission of the report under paragraph (4).

        (C) CONTENTS- The manual shall include, at a minimum, the following:

          (i) A list of best practices addressing wildlife vehicle collisions.

          (ii) A list of information, technical, and funding resources for addressing wildlife vehicle collisions.

          (iii) Recommendations for addressing wildlife vehicle collisions.

          (iv) Guidance for developing a State action plan to address wildlife vehicle collisions.

      (6) TRAINING- Based upon the manual developed under paragraph (5), the Secretary shall develop a training course on addressing wildlife vehicle collisions for transportation professionals.

    (o) Limitation on Applicability- The requirements of the January 4, 2005, Federal Highway Administration, a final rule on the implementation of the Uniform Relocation Assistance and Real Property Acquisition policy Act of 1970 (42 U.S.C. 4601 et seq.) shall not apply to the voluntary conservation easement activities of the Department of Agriculture or the Department of the Interior.

SEC. 1120. PUERTO RICO HIGHWAY PROGRAM.

    (a) In General- Subchapter I of chapter 1 of title 23, United States Code, is amended by adding at the end the following:

`Sec. 165. Puerto Rico highway program

    `(a) In General- The Secretary shall allocate funds made available to carry out this section for each of fiscal years 2005 through 2009 to the Commonwealth of Puerto Rico to carry out a highway program in the Commonwealth.

    `(b) Applicability of Title- Amounts made available by section 1101(a)(14) of the SAFETEA-LU shall be available for obligation in the same manner as if such funds were apportioned under this chapter.

    `(c) Treatment of Funds- Amounts made available to carry out this section for a fiscal year shall be administered as follows:

      `(1) APPORTIONMENT- For the purpose of imposing any penalty under this title or title 49, the amounts shall be treated as being apportioned to Puerto Rico under sections 104(b) and 144, for each program funded under those sections in an amount determined by multiplying--

        `(A) the aggregate of the amounts for the fiscal year; by

        `(B) the ratio that--

          `(i) the amount of funds apportioned to Puerto Rico for each such program for fiscal year 1997; bears to

          `(ii) the total amount of funds apportioned to Puerto Rico for all such programs for fiscal year 1997.

      `(2) PENALTY- The amounts treated as being apportioned to Puerto Rico under each section referred to in paragraph (1) shall be deemed to be required to be apportioned to Puerto Rico under that section for purposes of the imposition of any penalty under this title or title 49.

    `(d) Effect on Allocations and Apportionments- Subject to subsection (c)(2), nothing in this section affects any allocation under section 105 and any apportionment under sections 104 and 144.'.

    (b) Conforming Amendment- The analysis for subchapter I of chapter 1 of such title is amended by adding at the end the following:

`165. Puerto Rico highway program.'.

    (c) Definition of State- For the purposes of apportioning funds under sections 104, 105, 130, 144, and 206 of title 23, United States Code, and section 1404, relating to the safe routes to school program, the term `State' means any of the 50 States and the District of Columbia.

SEC. 1121. HOV FACILITIES.

    (a) In General- Subchapter I of chapter 1 of title 23, United States Code (as amended by section 1120 of this Act), is amended by adding at the end the following:

`Sec. 166. HOV Facilities

    `(a) In General-

      `(1) AUTHORITY OF STATE AGENCIES- A State agency that has jurisdiction over the operation of a HOV facility shall establish the occupancy requirements of vehicles operating on the facility.

      `(2) OCCUPANCY REQUIREMENT- Except as otherwise provided by this section, no fewer than 2 occupants per vehicle may be required for use of a HOV facility.

    `(b) Exceptions-

      `(1) IN GENERAL- Notwithstanding the occupancy requirement of subsection (a)(2), the exceptions in paragraphs (2) through (5) shall apply with respect to a State agency operating a HOV facility.

      `(2) MOTORCYCLES AND BICYCLES-

        `(A) IN GENERAL- Subject to subparagraph (B), the State agency shall allow motorcycles and bicycles to use the HOV facility.

        `(B) SAFETY EXCEPTION-

          `(i) IN GENERAL- A State agency may restrict use of the HOV facility by motorcycles or bicycles (or both) if the agency certifies to the Secretary that such use would create a safety hazard and the Secretary accepts the certification.

          `(ii) ACCEPTANCE OF CERTIFICATION- The Secretary may accept a certification under this subparagraph only after the Secretary publishes notice of the certification in the Federal Register and provides an opportunity for public comment.

      `(3) PUBLIC TRANSPORTATION VEHICLES- The State agency may allow public transportation vehicles to use the HOV facility if the agency--

        `(A) establishes requirements for clearly identifying the vehicles; and

        `(B) establishes procedures for enforcing the restrictions on the use of the facility by the vehicles.

      `(4) HIGH OCCUPANCY TOLL VEHICLES- The State agency may allow vehicles not otherwise exempt pursuant to this subsection to use the HOV facility if the operators of the vehicles pay a toll charged by the agency for use of the facility and the agency--

        `(A) establishes a program that addresses how motorists can enroll and participate in the toll program;

        `(B) develops, manages, and maintains a system that will automatically collect the toll; and

        `(C) establishes policies and procedures to--

          `(i) manage the demand to use the facility by varying the toll amount that is charged; and

          `(ii) enforce violations of use of the facility.

      `(5) LOW EMISSION AND ENERGY-EFFICIENT VEHICLES-

        `(A) INHERENTLY LOW EMISSION VEHICLE- Before September 30, 2009, the State agency may allow vehicles that are certified as inherently low-emission vehicles pursuant to section 88.311-93 of title 40, Code of Federal Regulations (or successor regulations), and are labeled in accordance with section 88.312-93 of such title (or successor regulations), to use the HOV facility if the agency establishes procedures for enforcing the restrictions on the use of the facility by the vehicles.

        `(B) OTHER LOW EMISSION AND ENERGY-EFFICIENT VEHICLES- Before September 30, 2009, the State agency may allow vehicles certified as low emission and energy-efficient vehicles under subsection (e), and labeled in accordance with subsection (e), to use the HOV facility if the operators of the vehicles pay a toll charged by the agency for use of the facility and the agency--

          `(i) establishes a program that addresses the selection of vehicles under this paragraph; and

          `(ii) establishes procedures for enforcing the restrictions on the use of the facility by the vehicles.

        `(C) AMOUNT OF TOLLS- Under subparagraph (B), a State agency may charge no toll or may charge a toll that is less than tolls charged under paragraph (3).

    `(c) Requirements Applicable to Tolls-

      `(1) IN GENERAL- Tolls may be charged under paragraphs (3) and (4) of subsection (b) notwithstanding section 301 and, except as provided in paragraphs (2) and (3), subject to the requirements of section 129.

      `(2) HOV FACILITIES ON THE INTERSTATE SYSTEM- Notwithstanding section 129, tolls may be charged under paragraphs (3) and (4) of subsection (b) on a HOV facility on the Interstate System.

      `(3) EXCESS TOLL REVENUES- If a State agency makes a certification under section 129(a)(3) with respect to toll revenues collected under paragraphs (3) and (4) of subsection (b), the State, in the use of toll revenues under that sentence, shall give priority consideration to projects for developing alternatives to single occupancy vehicle travel and projects for improving highway safety.

    `(d) HOV Facility Management, Operation, Monitoring, and Enforcement-

      `(1) IN GENERAL- A State agency that allows vehicles to use a HOV facility under paragraph (3) or (4) of subsection (b) in a fiscal year shall certify to the Secretary that the agency will carry out the following responsibilities with respect to the facility in the fiscal year:

        `(A) Establishing, managing, and supporting a performance monitoring, evaluation, and reporting program for the facility that provides for continuous monitoring, assessment, and reporting on the impacts that the vehicles may have on the operation of the facility and adjacent highways.

        `(B) Establishing, managing, and supporting an enforcement program that ensures that the facility is being operated in accordance with the requirements of this section.

        `(C) Limiting or discontinuing the use of the facility by the vehicles if the presence of the vehicles has degraded the operation of the facility.

      `(2) DEGRADED FACILITY-

        `(A) DEFINITION OF MINIMUM AVERAGE OPERATING SPEED- In this paragraph, the term `minimum average operating speed' means--

          `(i) 45 miles per hour, in the case of a HOV facility with a speed limit of 50 miles per hour or greater; and

          `(ii) not more than 10 miles per hour below the speed limit, in the case of a HOV facility with a speed limit of less than 50 miles per hour.

        `(B) STANDARD FOR DETERMINING DEGRADED FACILITY- For purposes of paragraph (1), the operation of a HOV facility shall be considered to be degraded if vehicles operating on the facility are failing to maintain a minimum average operating speed 90 percent of the time over a consecutive 180-day period during morning or evening weekday peak hour periods (or both).

        `(C) MANAGEMENT OF LOW EMISSION AND ENERGY-EFFICIENT VEHICLES- In managing the use of HOV lanes by low emission and energy-efficient vehicles that do not meet applicable occupancy requirements, a State agency may increase the percentages described in subsection (f)(3)(B)(i).

    `(e) Certification of Low Emission and Energy-Efficient Vehicles- Not later than 180 days after the date of enactment of this section, the Administrator of the Environmental Protection Agency shall--

      `(1) issue a final rule establishing requirements for certification of vehicles as low emission and energy-efficient vehicles for purposes of this section and requirements for the labeling of the vehicles; and

      `(2) establish guidelines and procedures for making the vehicle comparisons and performance calculations described in subsection (f)(3)(B), in accordance with section 32908(b) of title 49.

    `(f) Definitions- In this section, the following definitions apply:

      `(1) ALTERNATIVE FUEL VEHICLE- The term `alternative fuel vehicle' means a vehicle that is operating on--

        `(A) methanol, denatured ethanol, or other alcohols;

        `(B) a mixture containing at least 85 percent of methanol, denatured ethanol, and other alcohols by volume with gasoline or other fuels;

        `(C) natural gas;

        `(D) liquefied petroleum gas;

        `(E) hydrogen;

        `(F) coal derived liquid fuels;

        `(G) fuels (except alcohol) derived from biological materials;

        `(H) electricity (including electricity from solar energy); or

        `(I) any other fuel that the Secretary prescribes by regulation that is not substantially petroleum and that would yield substantial energy security and environmental benefits, including fuels regulated under section 490 of title 10, Code of Federal Regulations (or successor regulations).

      `(2) HOV FACILITY- The term `HOV facility' means a high occupancy vehicle facility.

      `(3) LOW EMISSION AND ENERGY-EFFICIENT VEHICLE- The term `low emission and energy-efficient vehicle' means a vehicle that--

        `(A) has been certified by the Administrator as meeting the Tier II emission level established in regulations prescribed by the Administrator under section 202(i) of the Clean Air Act (42 U.S.C. 7521(i)) for that make and model year vehicle; and

        `(B)(i) is certified by the Administrator of the Environmental Protection Agency, in consultation with the manufacturer, to have achieved not less than a 50-percent increase in city fuel economy or not less than a 25-percent increase in combined city-highway fuel economy (or such greater percentage of city or city-highway fuel economy as may be determined by a State under subsection (d)(2)(C)) relative to a comparable vehicle that is an internal combustion gasoline fueled vehicle (other than a vehicle that has propulsion energy from onboard hybrid sources); or

        `(ii) is an alternative fuel vehicle.

      `(4) PUBLIC TRANSPORTATION VEHICLE- The term `public transportation vehicle' means a vehicle that--

        `(A) provides designated public transportation (as defined in section 221 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12141) or provides public school transportation (to and from public or private primary, secondary, or tertiary schools); and

        `(B)(i) is owned or operated by a public entity;

        `(ii) is operated under a contract with a public entity; or

        `(iii) is operated pursuant to a license by the Secretary or a State agency to provide motorbus or school vehicle transportation services to the public.

      `(5) STATE AGENCY-

        `(A) IN GENERAL- The term `State agency', as used with respect to a HOV facility, means an agency of a State or local government having jurisdiction over the operation of the facility.

        `(B) INCLUSION- The term `State agency' includes a State transportation department.'.

    (b) Conforming Amendments-

      (1) PROGRAM EFFICIENCIES- Section 102 of title 23, United States Code, is amended--

        (A) by striking subsection (a); and

        (B) by redesignating subsections (b) and (c) as subsections (a) and (b), respectively.

      (2) CHAPTER ANALYSIS- The analysis for such subchapter (as amended by section 1120 of this Act) is amended by adding at the end the following:

`166. HOV facilities.'.

    (c) Sense of Congress- It is the sense of Congress that the Secretary and the States should provide additional incentives (including the use of high occupancy vehicle 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. DEFINITIONS.

    (a) Transportation Enhancement Activity- Section 101(a)(35) of title 23, United States Code, is amended to read as follows:

      `(35) TRANSPORTATION ENHANCEMENT ACTIVITY- The term `transportation enhancement activity' means, with respect to any project or the area to be served by the project, any of the following activities as the activities relate to surface transportation:

        `(A) Provision of facilities for pedestrians and bicycles.

        `(B) Provision of safety and educational activities for pedestrians and bicyclists.

        `(C) Acquisition of scenic easements and scenic or historic sites (including historic battlefields).

        `(D) Scenic or historic highway programs (including the provision of tourist and welcome center facilities).

        `(E) Landscaping and other scenic beautification.

        `(F) Historic preservation.

        `(G) Rehabilitation and operation of historic transportation buildings, structures, or facilities (including historic railroad facilities and canals).

        `(H) Preservation of abandoned railway corridors (including the conversion and use of the corridors for pedestrian or bicycle trails).

        `(I) Inventory, control, and removal of outdoor advertising.

        `(J) Archaeological planning and research.

        `(K) Environmental mitigation--

          `(i) to address water pollution due to highway runoff; or

          `(ii) reduce vehicle-caused wildlife mortality while maintaining habitat connectivity.

        `(L) Establishment of transportation museums.'.

    (b) Advanced Truck Stop Electrification System- Such section 101(a) is amended by adding at the end the following:

      `(38) ADVANCED TRUCK STOP ELECTRIFICATION SYSTEM- The term `advanced truck stop electrification system' means a system that delivers heat, air conditioning, electricity, or communications to a heavy duty vehicle.'.

Subtitle B--Congestion Relief

SEC. 1201. REAL-TIME SYSTEM MANAGEMENT INFORMATION PROGRAM.

    (a) Establishment-

      (1) IN GENERAL- The Secretary shall establish a real-time system management information program to provide, in all States, the capability to monitor, in real-time, the traffic and travel conditions of the major highways of the United States and to share that information to improve the security of the surface transportation system, to address congestion problems, to support improved response to weather events and surface transportation incidents, and to facilitate national and regional highway traveler information.

      (2) PURPOSES- The purposes of the real-time system management information program are to--

        (A) establish, in all States, a system of basic real-time information for managing and operating the surface transportation system;

        (B) identify longer range real-time highway and transit monitoring needs and develop plans and strategies for meeting such needs; and

        (C) provide the capability and means to share that data with State and local governments and the traveling public.

    (b) Data Exchange Formats- Not later than 2 years after the date of enactment of this Act, the Secretary shall establish data exchange formats to ensure that the data provided by highway and transit monitoring systems, including statewide incident reporting systems, can readily be exchanged across jurisdictional boundaries, facilitating nationwide availability of information.

    (c) Regional Intelligent Transportation System Architecture-

      (1) ADDRESSING INFORMATION NEEDS- As State and local governments develop or update regional intelligent transportation system architectures, described in section 940.9 of title 23, Code of Federal Regulations, such governments shall explicitly address real-time highway and transit information needs and the systems needed to meet such needs, including addressing coverage, monitoring systems, data fusion and archiving, and methods of exchanging or sharing highway and transit information.

      (2) DATA EXCHANGE- States shall incorporate the data exchange formats established by the Secretary under subsection (b) to ensure that the data provided by highway and transit monitoring systems may readily be exchanged with State and local governments and may be made available to the traveling public.

    (d) Eligibility- Subject to project approval by the Secretary, a State may obligate funds apportioned to the State under sections 104(b)(1), 104(b)(2), and 104(b)(3) of title 23, United States Code, for activities relating to the planning and deployment of real-time monitoring elements that advance the goals and purposes described in subsection (a).

    (e) Limitation on Statutory Construction- Nothing in this section shall be construed as altering or otherwise affecting the applicability of the requirements of chapter 1 of title 23, United States Code (including requirements relating to the eligibility of a project for assistance under the program, the location of the project, and the Federal-share payable on account of the project), to amounts apportioned to a State for a program under section 104(b) that are obligated by the State for activities and projects under this section.

    (f) Statewide Incident Reporting System Defined- In this section, the term `statewide incident reporting system' means a statewide system for facilitating the real-time electronic reporting of surface transportation incidents to a central location for use in monitoring the event, providing accurate traveler information, and responding to the incident as appropriate.

Subtitle C--Mobility and Efficiency

SEC. 1301. PROJECTS OF NATIONAL AND REGIONAL SIGNIFICANCE.

    (a) Findings- Congress finds the following:

      (1) Under current law, surface transportation programs rely primarily on formula capital apportionments to States.

      (2) Despite the significant increase for surface transportation program funding in the Transportation Equity Act of the 21st Century, current levels of investment are insufficient to fund critical high-cost transportation infrastructure facilities that address critical national economic and transportation needs.

      (3) Critical high-cost transportation infrastructure facilities often include multiple levels of government, agencies, modes of transportation, and transportation goals and planning processes that are not easily addressed or funded within existing surface transportation program categories.

      (4) Projects of national and regional significance have national and regional benefits, including improving economic productivity by facilitating international trade, relieving congestion, and improving transportation safety by facilitating passenger and freight movement.

      (5) The benefits of projects described in paragraph (4) accrue to local areas, States, and the Nation as a result of the effect such projects have on the national transportation system.

      (6) A program dedicated to constructing projects of national and regional significance is necessary to improve the safe, secure, and efficient movement of people and goods throughout the United States and improve the health and welfare of the national economy.

    (b) Establishment of Program- The Secretary shall establish a program to provide grants to States for projects of national and regional significance.

    (c) Definitions- In this section, the following definitions apply:

      (1) ELIGIBLE PROJECT COSTS- The term `eligible project costs' means the costs of--

        (A) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities; and

        (B) construction, reconstruction, rehabilitation, and acquisition of real property (including land related to the project and improvements to land), environmental mitigation, construction contingencies, acquisition of equipment, and operational improvements.

      (2) ELIGIBLE PROJECT- The term `eligible project' means any surface transportation project eligible for Federal assistance under title 23, United States Code, including freight railroad projects and activities eligible under such title.

      (3) STATE- The term `State' has the meaning such term has in section 101(a) of title 23, United States Code.

    (d) Eligibility- To be eligible for assistance under this section, a project shall have eligible project costs that are reasonably anticipated to equal or exceed the lesser of--

      (1) $500,000,000; or

      (2) 75 percent of the amount of Federal highway assistance funds apportioned for the most recently completed fiscal year to the State in which the project is located.

    (e) Applications- Each State seeking to receive a grant under this section for an eligible project shall submit to the Secretary an application in such form and in accordance with such requirements as the Secretary shall establish.

    (f) Competitive Grant Selection and Criteria for Grants-

      (1) IN GENERAL- The Secretary shall--

        (A) establish criteria for selecting among projects that meet the eligibility criteria specified in subsection (d);

        (B) conduct a national solicitation for applications; and

        (C) award grants on a competitive basis.

      (2) CRITERIA FOR GRANTS- The Secretary may approve a grant under this section for a project only if the Secretary determines that the project--

        (A) is based on the results of preliminary engineering;

        (B) is justified based on the ability of the project--

          (i) to generate national economic benefits, including creating jobs, expanding business opportunities, and impacting the gross domestic product;

          (ii) to reduce congestion, including impacts in the State, region, and Nation;

          (iii) to improve transportation safety, including reducing transportation accidents, injuries, and fatalities;

          (iv) to otherwise enhance the national transportation system; and

          (v) to garner support for non-Federal financial commitments and provide evidence of stable and dependable financing sources to construct, maintain, and operate the infrastructure facility; and

        (C) is supported by an acceptable degree of non-Federal financial commitments, including evidence of stable and dependable financing sources to construct, maintain, and operate the infrastructure facility.

      (3) SELECTION CONSIDERATIONS- In selecting a project under this section, the Secretary shall consider the extent to which the project--

        (A) leverages Federal investment by encouraging non-Federal contributions to the project, including contributions from public-private partnerships;

        (B) uses new technologies, including intelligent transportation systems, that enhance the efficiency of the project; and

        (C) helps maintain or protect the environment.

      (4) PRELIMINARY ENGINEERING- In evaluating a project under paragraph (2)(A), the Secretary shall analyze and consider the results of preliminary engineering for the project.

      (5) NON-FEDERAL FINANCIAL COMMITMENT-

        (A) EVALUATION OF PROJECT- In evaluating a project under paragraph (2)(C), the Secretary shall require that--

          (i) the proposed project plan provides for the availability of contingency amounts that the Secretary determines to be reasonable to cover unanticipated cost increases; and

          (ii) each proposed non-Federal source of capital and operating financing is stable, reliable, and available within the proposed project timetable.

        (B) CONSIDERATIONS- In assessing the stability, reliability, and availability of proposed sources of non-Federal financing under subparagraph (A), the Secretary shall consider--

          (i) existing financial commitments;

          (ii) the degree to which financing sources are dedicated to the purposes proposed;

          (iii) any debt obligation that exists or is proposed by the recipient for the proposed project; and

          (iv) the extent to which the project has a non-Federal financial commitment that exceeds the required non-Federal share of the cost of the project.

      (6) REGULATIONS- Not later than 180 days after the date of enactment of this Act, the Secretary shall issue regulations on the manner in which the Secretary will evaluate and rate the projects based on the results of preliminary engineering, project justification, and the degree of non-Federal financial commitment, as required under this subsection.

      (7) PROJECT EVALUATION AND RATING-

        (A) IN GENERAL- A proposed project may advance from preliminary engineering to final design and construction only if the Secretary finds that the project meets the requirements of this subsection and there is a reasonable likelihood that the project will continue to meet such requirements.

        (B) EVALUATION AND RATING- In making such findings, the Secretary shall evaluate and rate the project as `highly recommended', `recommended', or `not recommended' based on the results of preliminary engineering, the project justification criteria, and the degree of non-Federal financial commitment, as required under this subsection. In rating the projects, the Secretary shall provide, in addition to the overall project rating, individual ratings for each of the criteria established under the regulations issued under paragraph (6).

    (g) Letters of Intent and Full Funding Grant Agreements-

      (1) LETTER OF INTENT-

        (A) IN GENERAL- The Secretary may issue a letter of intent to an applicant announcing an intention to obligate, for a project under this section, an amount from future available budget authority specified in law that is not more than the amount stipulated as the financial participation of the Secretary in the project.

        (B) NOTIFICATION- At least 60 days before issuing a letter under subparagraph (A) or entering into a full funding grant agreement, the Secretary shall notify in writing the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate of the proposed letter or agreement. The Secretary shall include with the notification a copy of the proposed letter or agreement as well as the evaluations and ratings for the project.

        (C) NOT AN OBLIGATION- The issuance of a letter is deemed not to be an obligation under sections 1108(c), 1108(d), 1501, and 1502(a) of title 31, United States Code, or an administrative commitment.

        (D) OBLIGATION OR COMMITMENT- An obligation or administrative commitment may be made only when contract authority is allocated to a project.

      (2) FULL FUNDING GRANT AGREEMENT-

        (A) IN GENERAL- A project financed under this subsection shall be carried out through a full funding grant agreement. The Secretary shall enter into a full funding grant agreement based on the evaluations and ratings required under subsection (f)(7).

        (B) TERMS- If the Secretary makes a full funding grant agreement with an applicant, the agreement shall--

          (i) establish the terms of participation by the United States Government in a project under this section;

          (ii) establish the maximum amount of Government financial assistance for the project;

          (iii) cover the period of time for completing the project, including a period extending beyond the period of an authorization; and

          (iv) make timely and efficient management of the project easier according to the laws of the United States.

        (C) AGREEMENT- An agreement under this paragraph obligates an amount of available budget authority specified in law and may include a commitment, contingent on amounts to be specified in law in advance for commitments under this paragraph, to obligate an additional amount from future available budget authority specified in law. The agreement shall state that the contingent commitment is not an obligation of the Government. Interest and other financing costs of efficiently carrying out a part of the project within a reasonable time are a cost of carrying out the project under a full funding grant agreement, except that eligible costs may not be more than the cost of the most favorable financing terms reasonably available for the project at the time of borrowing. The applicant shall certify, in a way satisfactory to the Secretary, that the applicant has shown reasonable diligence in seeking the most favorable financing terms.

      (3) AMOUNTS- The total estimated amount of future obligations of the Government and contingent commitments to incur obligations covered by all outstanding letters of intent and full funding grant agreements may be not more than the greater of the amount authorized to carry out this section or an amount equivalent to the last 2 fiscal years of funding authorized to carry out this section less an amount the Secretary reasonably estimates is necessary for grants under this section not covered by a letter. The total amount covered by new letters and contingent commitments included in full funding grant agreements may be not more than a limitation specified in law.

    (h) Grant Requirements-

      (1) IN GENERAL- A grant for a project under this section shall be subject to all of the requirements of title 23, United States Code.

      (2) OTHER TERMS AND CONDITIONS- The Secretary shall require that all grants under this section be subject to all terms, conditions, and requirements that the Secretary decides are necessary or appropriate for purposes of this section, including requirements for the disposition of net increases in value of real property resulting from the project assisted under this section.

    (i) Government's Share of Project Cost- Based on engineering studies, studies of economic feasibility, and information on the expected use of equipment or facilities, the Secretary shall estimate the cost of a project receiving assistance under this section. A grant for the project is for 80 percent of the project cost, unless the grant recipient requests a lower grant percentage. A refund or reduction of the remainder may be made only if a refund of a proportional amount of the grant of the Government is made at the same time.

    (j) Fiscal Capacity Considerations- If the Secretary gives priority consideration to financing projects that include more than the non-Government share required under subsection (i) the Secretary shall give equal consideration to differences in the fiscal capacity of State and local governments.

    (k) Reports-

      (1) ANNUAL REPORT- Not later than the first Monday in February of each year, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that includes a proposal on the allocation of amounts to be made available to finance grants under this section.

      (2) RECOMMENDATIONS ON FUNDING- The annual report under this paragraph shall include evaluations and ratings, as required under subsection (f). The report shall also include recommendations of projects for funding based on the evaluations and ratings and on existing commitments and anticipated funding levels for the next 3 fiscal years and for the next 10 fiscal years based on information currently available to the Secretary.

    (l) Applicability of Title 23- Funds made available to carry out this section shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code; except that such funds shall not be transferable and shall remain available until expended and the Federal share of the cost of a project under this section shall be as provided in this section.

    (m) Designated Projects- Notwithstanding any other provision of this section, the Secretary shall allocate for each of fiscal years 2005 through 2009, from funds made available to carry out this section, 20 percent of the following amounts for grants to carry out the following projects under this section:

Insert offset folio 547/150 here HR203.001

Insert offset folio 547/151 here HR203.002

SEC. 1302. NATIONAL CORRIDOR INFRASTRUCTURE IMPROVEMENT PROGRAM.

    (a) In General- The Secretary shall establish and implement 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 pursuant to the selection factors provided in this section. A State must submit an application to the Secretary in order to receive an allocation under this section.

    (b) Selection Process-

      (1) PRIORITY- In the selection process under this section, the Secretary shall give priority to projects in corridors that are a part of, or will be designated as part of, the Dwight D. Eisenhower National System of Interstate and Defense Highways after completion of the work described in the application received by the Secretary and to any project that will be completed within 5 years of the date of the allocation of funds for the project.

      (2) SELECTION FACTORS- In making allocations under this section, the Secretary shall consider the following factors:

        (A) The extent to which the corridor provides a link between 2 existing segments of the Interstate System.

        (B) The extent to which the project will facilitate major multistate or regional mobility and economic growth and development in areas underserved by existing highway infrastructure.

        (C) The extent to which commercial vehicle traffic in the corridor--

          (i) has increased since the date of enactment of the North American Free Trade Agreement Implementation Act (16 U.S.C. 4401 et seq.); and

          (ii) is projected to increase in the future.

        (D) The extent to which international truck-borne commodities move through the corridor.

        (E) The extent to which the project will make improvements to an existing segment of the Interstate System that will result in a decrease in congestion.

        (F) The reduction in commercial and other travel time through a major freight corridor expected as a result of the project.

        (G) The value of the cargo carried by commercial vehicle traffic in the corridor and the economic costs arising from congestion in the corridor.

        (H) The extent of leveraging of Federal funds provided to carry out this section, including--

          (i) use of innovative financing;

          (ii) combination with funding provided under other sections of this Act and title 23, United States Code; and

          (iii) combination with other sources of Federal, State, local, or private funding.

    (c) Applicability of Title 23- Funds made available by section 1101(a)(10) of this Act to carry out this section shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code; except that such funds shall remain available until expended, and the Federal share of the cost of a project under this section shall be determined in accordance with section 120 of such title.

    (d) State Defined- In this section, the term `State' has the meaning such term has in section 101(a) of title 23, United States Code.

    (e) Designated Projects- The Secretary shall allocate for each of fiscal years 2005 through 2009, from funds made available to carry out this section, 20 percent of the following amounts for grants to carry out the following projects under this section:

Insert offset folio 547/156 here HR203.003

Insert offset folio 547/157 here HR203.004

SEC. 1303. COORDINATED BORDER INFRASTRUCTURE PROGRAM.

    (a) General Authority- The Secretary shall implement a coordinated border infrastructure program under which the Secretary shall distribute funds to border States to improve the safe movement of motor vehicles at or across the border between the United States and Canada and the border between the United States and Mexico.

    (b) Eligible Uses- Subject to subsection (d), a State may use funds apportioned under this section only for--

      (1) improvements in a border region to existing transportation and supporting infrastructure that facilitate cross-border motor vehicle and cargo movements;

      (2) construction of highways and related safety and safety enforcement facilities in a border region that facilitate motor vehicle and cargo movements related to international trade;

      (3) operational improvements in a border region, including improvements relating to electronic data interchange and use of telecommunications, to expedite cross-border motor vehicle and cargo movement;

      (4) modifications to regulatory procedures to expedite safe and efficient cross border motor vehicle and cargo movements; and

      (5) international coordination of transportation planning, programming, and border operation with Canada and Mexico relating to expediting cross-border motor vehicle and cargo movements.

    (c) Apportionment of Funds- On October 1 of each fiscal year, the Secretary shall apportion among border States sums authorized to be appropriated to carry out this section for such fiscal year as follows:

      (1) 20 percent in the ratio that--

        (A) the total number of incoming commercial trucks that pass through the land border ports of entry within the boundaries of a border State, as determined by the Secretary; bears to

        (B) the total number of incoming commercial trucks that pass through such ports of entry within the boundaries of all the border States, as determined by the Secretary.

      (2) 30 percent in the ratio that--

        (A) the total number of incoming personal motor vehicles and incoming buses that pass through land border ports of entry within the boundaries of a border State, as determined by the Secretary; bears to

        (B) the total number of incoming personal motor vehicles and incoming buses that pass through such ports of entry within the boundaries of all the border States, as determined by the Secretary.

      (3) 25 percent in the ratio that--

        (A) the total weight of incoming cargo by commercial trucks that pass through land border ports of entry within the boundaries of a border State, as determined by the Secretary; bears to

        (B) the total weight of incoming cargo by commercial trucks that pass through such ports of entry within the boundaries of all the border States, as determined by the Secretary.

      (4) 25 percent of the ratio that--

        (A) the total number of land border ports of entry within the boundaries of a border State, as determined by the Secretary; bears to

        (B) the total number of land border ports of entry within the boundaries of all the border States, as determined by the Secretary.

    (d) Projects in Canada or Mexico- A project in Canada or Mexico, proposed by a border State to directly and predominantly facilitate cross-border motor vehicle and cargo movements at an international port of entry into the border region of the State, may be constructed using funds apportioned to the State under this section if, before obligation of those funds, Canada or Mexico, or the political subdivision of Canada or Mexico that is responsible for the operation of the facility to be constructed, provides assurances satisfactory to the Secretary that any facility constructed under this subsection will be--

      (1) constructed in accordance with standards equivalent to applicable standards in the United States; and

      (2) properly maintained and used over the useful life of the facility for the purpose for which the Secretary is allocating such funds to the project.

    (e) Transfer of Funds to the General Services Administration-

      (1) STATE FUNDS- At the request of a border State, funds apportioned to the State under this section may be transferred to the General Services Administration for the purpose of funding 1 or more projects described in subsection (b) if--

        (A) the Secretary determines, after consultation with the transportation department of the border State, that the General Services Administration should carry out the project; and

        (B) the General Services Administration agrees to accept the transfer of, and to administer, those funds in accordance with this section.

      (2) NON-FEDERAL SHARE-

        (A) IN GENERAL- A border State that makes a request under paragraph (1) shall provide directly to the General Services Administration, for each project covered by the request, the non-Federal share of the cost of the project.

        (B) NO AUGMENTATION OF APPROPRIATIONS- Funds provided by a border State under subparagraph (A)--

          (i) shall not be considered to be an augmentation of the appropriations made available to the General Services Administration; and

          (ii) shall be--

            (I) administered, subject to paragraph (1)(B), in accordance with the procedures of the General Services Administration; but

            (II) available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code.

      (3) OBLIGATION AUTHORITY- Obligation authority shall be transferred to the General Services Administration for a project in the same manner and amount as the funds provided for the project under paragraph (1).

      (4) LIMITATION ON TRANSFER OF FUNDS- No State may transfer to the General Services Administration under this subsection an amount that is more than the lesser of--

        (A) 15 percent of the aggregate amount of funds apportioned to the State under this section for such fiscal year; or

        (B) $5,000,000.

    (f) Applicability of Title 23- Funds made available to carry out this section shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code; except that, subject to subsection (e), such funds shall not be transferable and shall remain available until expended, and the Federal share of the cost of a project under this section shall be determined in accordance with section 120 of such title.

    (g) Definitions- In this section, the following definitions apply:

      (1) BORDER REGION- The term `border region' means any portion of a border State within 100 miles of an international land border with Canada or Mexico.

      (2) BORDER STATE- The term `border State' means any State that has an international land border with Canada or Mexico.

      (3) COMMERCIAL TRUCK- The term `commercial truck' means a commercial motor vehicle as defined in section 31301(4) (other than subparagraph (B)) of title 49, United States Code.

      (4) MOTOR VEHICLE- The term `motor vehicle' has the meaning such term has under section 101(a) of title 23, United States Code.

      (5) STATE- The term `State' has the meaning such term has in section 101(a) of such title 23.

SEC. 1304. HIGH PRIORITY CORRIDORS ON THE NATIONAL HIGHWAY SYSTEM.

    (a) Evacuation Routes- Section 1105(b) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102-240; 105 Stat. 2032) is amended in the first sentence by inserting `and evacuation routes' after `corridors' the first place it appears.

    (b) Corridors- Section 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2032) is amended--

      (1) by striking paragraph (14) and inserting the following:

      `(14) Heartland Expressway from Denver, Colorado, through Scottsbluff, Nebraska, to Rapid City, South Dakota as follows:

        `(A) In the State of Colorado, the Heartland Expressway Corridor shall generally follow--

          `(i) Interstate 76 from Denver to Brush; and

          `(ii) Colorado Highway 71 from Limon to the border between the States of Colorado and Nebraska.

        `(B) In the State of Nebraska, the Heartland Expressway Corridor shall generally follow--

          `(i) Nebraska Highway 71 from the border between the States of Colorado and Nebraska to Scottsbluff;

          `(ii) United States Route 26 from Scottsbluff to the intersection with State Highway L62A;

          `(iii) State Highway L62A from the intersection with United States Route 26 to United States Route 385 north of Bridgeport;

          `(iv) United States Route 385 to the border between the States of Nebraska and South Dakota; and

          `(v) United States Highway 26 from Scottsbluff to the border of the States of Nebraska and Wyoming.

        `(C) In the State of Wyoming, the Heartland Expressway Corridor shall generally follow United States Highway 26 from the border of the States of Nebraska and Wyoming to the termination at Interstate 25 at Interchange number 94.

        `(D) In the State of South Dakota, the Heartland Expressway Corridor shall generally follow--

          `(i) United States Route 385 from the border between the States of Nebraska and South Dakota to the intersection with State Highway 79; and

          `(ii) State Highway 79 from the intersection with United States Route 385 to Rapid City.';

      (2) in paragraph (23) by inserting before the period at the end the following: `and the connection from Wichita, Kansas, to Sioux City, Iowa, which includes I-135 from Wichita, Kansas to Salina, Kansas, United States Route 81 from Salina, Kansas, to Norfolk, Nebraska, Nebraska State Route 35 from Norfolk, Nebraska, to South Sioux City, Nebraska, and the connection to I-29 in Sioux City, Iowa';

      (3) in paragraph (33) by striking `I-395' and inserting `and including the I-395 corridor';

      (4) by striking paragraph (34) and inserting the following:

      `(34) The Alameda Corridor-East and Southwest Passage, California. The Alameda Corridor-East is generally described as the corridor from East Los Angeles (terminus of Alameda Corridor) through Los Angeles, Orange, San Bernardino, and Riverside Counties, to termini at Barstow in San Bernardino County and Coachella in Riverside County. The Southwest Passage shall follow I-10 from San Bernardino to the Arizona State line.';

      (5) by adding at the end the following:

      `(46) Interstate Route 710 between the terminus at Long Beach, California, to California State Route 60.

      `(47) Interstate Route 87 from the Quebec border to New York City.

      `(48) The Route 50 High Plains Corridor along the United States Route 50 corridor from Newton, Kansas, to Pueblo, Colorado.

      `(49) The Atlantic Commerce Corridor on Interstate Route 95 from Jacksonville, Florida, to Miami, Florida.

      `(50) The East-West Corridor commencing in Watertown, New York, continuing northeast through New York, Vermont, New Hampshire, and Maine, and terminating in Calais, Maine.

      `(51) The SPIRIT Corridor on United States Route 54 from El Paso, Texas, through New Mexico, Texas, and Oklahoma to Wichita, Kansas.

      `(52) The route in Arkansas running south of and parallel to Arkansas State Highway 226 from the relocation of United States Route 67 to the vicinity of United States Route 49 and United States Route 63.

      `(53) United States Highway Route 6 from Interstate Route 70 to Interstate Route 15, Utah.

      `(54) The California Farm-to-Market Corridor, California State Route 99 from south of Bakersfield to Sacramento, California.

      `(55) In Texas, Interstate Route 20 from Interstate Route 35E in Dallas County, east to the intersection of Interstate Route 635, north to the intersection of Interstate Route 30, northeast through Texarkana to Little Rock, Arkansas, Interstate Route 40 northeast from Little Rock east to the proposed Interstate Route 69 corridor.

      `(56) In the State of Texas, the La Entrada al Pacifico Corridor consisting of the following highways and any portion of a highway in a corridor on 2 miles of either side of the center line of the highway:

        `(A) State Route 349 from Lamesa to the point on that highway that is closest to 32 degrees, 7 minutes, north latitude, by 102 degrees, 6 minutes, west longitude.

        `(B) The segment or any roadway extending from the point described by subparagraph (A) to the point on Farm-to-Market Road 1788 closest to 32 degrees, 0 minutes, north latitude, by 102 degrees, 16 minutes, west longitude.

        `(C) Farm-to-Market Road 1788 from the point described by subparagraph (B) to its intersection with Interstate Route 20.

        `(D) Interstate Route 20 from its intersection with Farm-to-Market Road 1788 to its intersection with United States Route 385.

        `(E) United States Route 385 from Odessa to Fort Stockton, including those portions that parallel United States Route 67 and Interstate Route 10.

        `(F) United States Route 67 from Fort Stockton to Presidio, including those portions that parallel Interstate Route 10 and United States Route 90.

      `(57) United States Route 41 corridor between Interstate Route 94 via Interstate Route 894 and Highway 45 near Milwaukee and Interstate Route 43 near Green Bay in the State of Wisconsin.

      `(58) The Theodore Roosevelt Expressway from Rapid City, South Dakota, north on United States Route 85 to Williston, North Dakota, west on United States Route 2 to Culbertson, Montana, and north on Montana Highway 16 to the international border with Canada at the port of Raymond, Montana.

      `(59) The Central North American Trade Corridor from the border between North Dakota and South Dakota, north on United States Route 83 through Bismark and Minot, North Dakota, to the international border with Canada.

      `(60) The Providence Beltline Corridor beginning at Interstate Route 95 in the vicinity of Hope Valley, Rhode Island, traversing eastwardly intersecting and merging into Interstate Route 295, continuing northeastwardly along Interstate Route 95, and terminating at the Massachusetts border, and including the western bypass of Providence, Rhode Island, from Interstate Route 295 to the Massachusetts border.

      `(61) In the State of Missouri, the corridors consisting of the following highways:

        `(A) Interstate Route 70, from Interstate Route 29/35 to United States Route 61/Avenue of the Saints.

        `(B) Interstate Route 72/United States Route 36, from the intersection with Interstate Route 29 to United States Route 61/Avenue of the Saints.

        `(C) United States Route 67, from Interstate Route 55 to the Arkansas State line.

        `(D) United States Route 65, from United States Route 36/Interstate Route 72 to the East-West TransAmerica corridor, at the Arkansas State line.

        `(E) United States Route 63, from United States Route 36 and the proposed Interstate Route 72 to the East-West TransAmerica corridor, at the Arkansas State line.

        `(F) United States Route 54, from the Kansas State line to United States Route 61/Avenue of the Saints.

      `(62) The Georgia Developmental Highway System Corridors identified in section 32-4-22 of the Official Code of Georgia, Annotated.

      `(63) The Liberty Corridor, a corridor in an area encompassing very critical and significant transportation infrastructure providing regional, national, and international access through the State of New Jersey, including Interstate Routes 95, 80, 287, and 78, and United States Routes 1, 3, 9, 17, and 46, and portways and connecting infrastructure.

      `(64) The corridor in an area of passage in the State of New Jersey serving significant interstate and regional traffic, located near the cities of Camden, New Jersey, and Philadelphia, Pennsylvania, and including Interstate Route 295, United States Route 42, United States Route 130, and Interstate Route 676.

      `(65) The Interstate Route 95 Corridor beginning at the New York State line and continuing through Connecticut to the Rhode Island State line.

      `(66) The Interstate Route 91 Corridor from New Haven, Connecticut, to the Massachusetts State line.

      `(67) The Fairbanks-Yukon International Corridor consisting of the portion of the Alaska Highway from the international border with Canada to the Richardson Highway, and the Richardson Highway from its junction with the Alaska Highway to Fairbanks, Alaska.

      `(68) The Washoe County corridor, along Interstate Route 580/United States Route 95/United States Route 95A, from Reno, Nevada, to Las Vegas, Nevada.

      `(69) The Cross Valley Connector connecting Interstate Route 5 and State Route 14, Santa Clarita Valley, California.

      `(70) The Economic Lifeline corridor, along Interstate Route 15 and Interstate Route 40, California, Arizona, and Nevada, including Interstate Route 215 South from near San Bernadino, California, to Riverside, California, and State Route 91 from Riverside, California, to the intersection with Interstate Route 15 near Corona, California.

      `(71) The High Desert Corridor/E-220 from Los Angeles, California, to Las Vegas, Nevada, via Palmdale and Victorville, California.

      `(72) The North-South corridor, along Interstate Route 49 North, from Kansas City, Missouri, to Shreveport, Louisiana.

      `(73) The Louisiana Highway corridor, along Louisiana Highway 1, from Grand Isle, Louisiana, to the intersection with United States Route 90.

      `(74) The portion of United States Route 90 from Interstate Route 49 in Lafayette, Louisiana, to Interstate Route 10 in New Orleans, Louisiana.

      `(75) The Louisiana 28 corridor from Fort Polk to Alexandria, Louisiana.

      `(76) The portion of Interstate Route 75 from Toledo, Ohio, to Cincinnati, Ohio.

      `(77) The portion of United States Route 24 from the Indiana/Ohio State line to Toledo, Ohio.

      `(78) The portion of Interstate Route 71 from Cincinnati, Ohio, to Cleveland, Ohio.

      `(79) Interstate Route 376 from the Pittsburgh Interchange (I/C No. 56) of the Pennsylvania Turnpike, westward on Interstate Route 279, United States Route 22, United States Route 30, and Pennsylvania Route 60, continuing past the Pittsburgh International Airport on Turnpike Route 60, to the Pennsylvania Turnpike (Interstate Route 76), Interchange 10, and continuing north on Pennsylvania Turnpike Route 60 and on United States Route 422 to Interstate Route 80.

      `(80) The Intercounty Connector, a new east-west multimodal highway between Interstate Route 270 and Interstate Route 95/United States Route 1 in Montgomery and Prince George's Counties, Maryland.'; and

      (6) by aligning paragraph (45) with paragraph (46) (as added by paragraph (5)).

    (c) Interstate Routes- Section 1105(e)(5) of the Intermodal Surface Transporation Efficiency Act of 1991 is amended--

      (1) in subparagraph (A) by striking `and subsection (c)(45)' and inserting `subsection (c)(45), subsection (c)(54), and subsection (c)(57)';

      (2) by redesignating subparagraphs (B) through (D) as subparagraphs (C) through (E); and

      (3) by inserting after subparagraph (A) the following:

        `(B) INTERSTATE ROUTE 376-

          `(i) DESIGNATION OF INTERSTATE ROUTE 376-

            `(I) IN GENERAL- The routes referred to in subsection (c)(79), except the portion of Pennsylvania Turnpike Route 60 and United States Route 422 between Pennsylvania Turnpike Interchange 10 and Interstate Route 80, shall be designated as Interstate Route 376.

            `(II) SIGNS- The State of Pennsylvania shall have jurisdiction over the highways described in subclause (I) (except Pennsylvania Turnpike Route 60) and erect signs in accordance with Interstate signing criteria that identify the routes described in subclause (I) as Interstate Route 376.

            `(III) ASSISTANCE FROM SECRETARY- The Secretary shall assist the State of Pennsylvania in carrying out, not later than December 31, 2008, an activity under subclause (II) relating to Interstate Route 376 and in complying with sections 109 and 139 of title 23, United States Code.

          `(ii) OTHER SEGMENTS- The segment of the route referred to in subsection (c)(79) located between the Pennsylvania Turnpike, Interchange 10, and Interstate Route 80 may be signed as Interstate Route 376 under clause (i)(II) if that segment meets the criteria under sections 109 and 139 of title 23, United States Code.'.

    (d) Authorization of Appropriations- There are authorized to be appropriated to carry out, in accordance with title 23, United States Code, projects on corridors identified in section 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2032) such sums as may be necessary.

SEC. 1305. TRUCK PARKING FACILITIES.

    (a) Establishment- In cooperation with appropriate State, regional, and local governments, the Secretary shall establish a pilot program to address the shortage of long-term parking for commercial motor vehicles on the National Highway System.

    (b) Allocation of Funds-

      (1) IN GENERAL- The Secretary shall allocate funds made available to carry out this section among States, metropolitan planning organizations, and local governments.

      (2) APPLICATIONS- To be eligible for an allocation under this section, a State (as defined in section 101(a) of title 23, United States Code), metropolitan planning organization, or local government shall submit to the Secretary an application at such time and containing such information as the Secretary may require.

      (3) ELIGIBLE PROJECTS- Funds allocated under this subsection shall be used by the recipient for projects described in an application approved by the Secretary. Such projects shall serve the National Highway System and may include the following:

        (A) Constructing safety rest areas (as defined in section 120(c) of title 23, United States Code) that include parking for commercial motor vehicles.

        (B) Constructing commercial motor vehicle parking facilities adjacent to commercial truck stops and travel plazas.

        (C) Opening existing facilities to commercial motor vehicle parking, including inspection and weigh stations and park-and-ride facilities.

        (D) Promoting the availability of publicly or privately provided commercial motor vehicle parking on the National Highway System using intelligent transportation systems and other means.

        (E) Constructing turnouts along the National Highway System for commercial motor vehicles.

        (F) Making capital improvements to public commercial motor vehicle parking facilities currently closed on a seasonal basis to allow the facilities to remain open year-round.

        (G) Improving the geometric design of interchanges on the National Highway System to improve access to commercial motor vehicle parking facilities.

      (4) PRIORITY- In allocating funds made available to carry out this section, the Secretary shall give priority to applicants that--

        (A) demonstrate a severe shortage of commercial motor vehicle parking capacity in the corridor to be addressed;

        (B) have consulted with affected State and local governments, community groups, private providers of commercial motor vehicle parking, and motorist and trucking organizations; and

        (C) demonstrate that their proposed projects are likely to have positive effects on highway safety, traffic congestion, or air quality.

    (c) Report to Congress- Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to Congress a report on the results of the pilot program.

    (d) Funding-

      (1) IN GENERAL- There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $6,250,000 for each of fiscal years 2006 through 2009.

      (2) CONTRACT AUTHORITY- Funds authorized under this subsection shall be available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code; except that such funds shall not be transferable and shall remain available until expended, and the Federal share of the cost of a project under this section shall be determined in accordance with sections 120(b) and 120(c) of such title.

    (e) Treatment of Projects- Notwithstanding any other provision of law, projects funded under this section shall be treated as projects on a Federal-aid system under chapter 1 of title 23, United States Code.

SEC. 1306. FREIGHT INTERMODAL DISTRIBUTION PILOT GRANT PROGRAM.

    (a) In General- The Secretary shall establish and implement a freight intermodal distribution pilot grant program.

    (b) Purposes- The purposes of the program established under subsection (a) shall be for the Secretary to make grants to States--

      (1) to facilitate and support intermodal freight transportation initiatives at the State and local levels to relieve congestion and improve safety; and

      (2) to provide capital funding to address infrastructure and freight distribution needs at inland ports and intermodal freight facilities.

    (c) Eligible Projects- Projects for which grants may be made under this section shall help relieve congestion, improve transportation safety, facilitate international trade, and encourage public-private partnership and may include projects for the development and construction of intermodal freight distribution and transfer facilities at inland ports.

    (d) Selection Process-

      (1) APPLICATIONS- A State (as defined in section 101(a) of title 23, United States Code) shall submit for approval by the Secretary an application for a grant under this section containing such information as the Secretary may require to receive such a grant.

      (2) PRIORITY- In selecting projects for grants, the Secretary shall give priority to projects that will--

        (A) reduce congestion into and out of international ports located in the United States;

        (B) demonstrate ways to increase the likelihood that freight container movements involve freight containers carrying goods; and

        (C) establish or expand intermodal facilities that encourage the development of inland freight distribution centers.

      (3) DESIGNATED PROJECTS- Subject to the provisions of this section, the Secretary shall allocate for each of fiscal years 2005 through 2009, from funds made available to carry out this section, 20 percent of the following amounts for grants to carry out the following projects under this section:

        (A) Short-haul intermodal projects, Oregon, $5,000,000.

        (B) The Georgia Port Authority, $5,000,000.

        (C) The ports of Los Angeles and Long Beach, California, $5,000,000.

        (D) Fairbanks, Alaska, $5,000,000.

        (E) Charlotte Douglas International Airport Freight Intermodal Facility, North Carolina, $5,000,000.

        (F) South Piedmont Freight Intermodal Center, North Carolina, $5,000,000.

    (e) Use of Grant Funds- Funds made available to a recipient of a grant under this section shall be used by the recipient for the project described in the application of the recipient approved by the Secretary.

    (f) Report- Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to Congress a report on the results of the pilot program carried out under this section.

    (g) Funding-

      (1) IN GENERAL- There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $6,000,000 for each of fiscal years 2005 through 2009.

      (2) CONTRACT AUTHORITY- Funds authorized by this subsection shall be available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code; except that such funds shall not be transferable and shall remain available until expended, and the Federal share of the cost of a project under this section shall be determined in accordance with section 120 of such title.

    (h) Treatment of Projects- Notwithstanding any other provision of law, projects for which grants are made under this section shall be treated as projects on a Federal-aid system under chapter 1 of title 23, United States Code.

SEC. 1307. DEPLOYMENT OF MAGNETIC LEVITATION TRANSPORTATION PROJECTS.

    (a) Definitions- In this section, the following definitions apply:

      (1) ELIGIBLE PROJECT COSTS- The term `eligible project costs'--

        (A) means the capital cost of the fixed guideway infrastructure of a MAGLEV project, including land, piers, guideways, propulsion equipment and other components attached to guideways, power distribution facilities (including substations), control and communications facilities, access roads, and storage, repair, and maintenance facilities, but not including costs incurred for a new station; and

        (B) includes the costs of preconstruction planning activities.

      (2) FULL PROJECT COSTS- The term `full project costs' means the total capital costs of a MAGLEV project, including eligible project costs and the costs of stations, vehicles, and equipment.

      (3) MAGLEV- The term `MAGLEV' means transportation systems employing magnetic levitation that would be capable of safe use by the public at a speed in excess of 240 miles per hour.

      (4) STATE- The term `State' has the meaning such term has under section 101(a) of title 23, United States Code.

    (b) In General-

      (1) ASSISTANCE FOR ELIGIBLE PROJECTS- The Secretary shall make available financial assistance to pay the Federal share of full project costs of eligible projects authorized by this section.

      (2) USE OF ASSISTANCE- Financial assistance provided under paragraph (1) shall be used only to pay eligible project costs of projects authorized by this section.

      (3) APPLICABILITY OF OTHER LAWS- Financial assistance made available under this section, and projects assisted with such assistance, shall be subject to section 5333(a) of title 49, United States Code.

    (c) Project Eligibility- To be eligible to receive financial assistance under subsection (b), a project shall--

      (1) involve a segment or segments of a high-speed ground transportation corridor;

      (2) result in an operating transportation facility that provides a revenue producing service; and

      (3) be approved by the Secretary based on an application submitted to the Secretary by a State or authority designated by 1 or more States.

    (d) Allocation- Of the amounts made available to carry out this section for a fiscal year, the Secretary shall allocate 50 percent for the MAGLEV project between Las Vegas and Primm, Nevada, and 50 percent for a MAGLEV project located east of the Mississippi River.

SEC. 1308. DELTA REGION TRANSPORTATION DEVELOPMENT PROGRAM.

    (a) In General- The Secretary shall carry out a program in the 8 States comprising the Delta Region (Alabama, Arkansas, Illinois, Kentucky, Louisiana, Mississippi, Missouri, and Tennessee) to--

      (1) support and encourage multistate transportation planning and corridor development;

      (2) provide for transportation project development;

      (3) facilitate transportation decisionmaking; and

      (4) support transportation construction.

    (b) Eligible Recipients- A State transportation department or metropolitan planning organization in a Delta Region State may receive and administer funds provided under the program.

    (c) Eligible Activities- The Secretary shall make allocations under the program for multistate highway planning, development, and construction projects.

    (d) Other Provisions Regarding Eligibility- All activities funded under this program shall be consistent with the continuing, cooperative, and comprehensive planning processes required by sections 134 and 135 of title 23, United States Code.

    (e) Selection Criteria- The Secretary shall select projects to be carried out under the program based on--

      (1) whether the project is located--

        (A) in an area under the authority of the Delta Regional Authority; and

        (B) on a Federal-aid highway;

      (2) endorsement of the project by the State department of transportation; and

      (3) evidence of the ability of the recipient of funds provided under the program to complete the project.

    (f) Program Priorities- In administering the program, the Secretary shall--

      (1) encourage State and local officials to work together to develop plans for multimodal and multijurisdictional transportation decisionmaking; and

      (2) give priority to projects that emphasize multimodal planning, including planning for operational improvements that--

        (A) increase the mobility of people and goods;

        (B) improve the safety of the transportation system with respect to catastrophic natural disasters or disasters caused by human activity; and

        (C) contribute to the economic vitality of the area in which the project is being carried out.

    (g) Federal Share- Amounts provided by the Delta Regional Authority to carry out a project under this subsection may be applied to the non-Federal share of the project required by section 120 of title 23, United States Code.

    (h) Funding-

      (1) IN GENERAL- There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $10,000,000 for each of fiscal years 2006 through 2009.

      (2) CONTRACT AUTHORITY- Funds made available to carry out this section shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code; except that such funds shall not be transferable and shall remain available until expended.

SEC. 1309. EXTENSION OF PUBLIC TRANSIT VEHICLE EXEMPTION FROM AXLE WEIGHT RESTRICTIONS.

    Section 1023(h)(1) of the Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 127 note; 106 Stat. 1552) is amended by striking `2005' and inserting `2009'.

SEC. 1310. INTERSTATE OASIS PROGRAM.

    (a) In General- Not later than 180 days after the date of enactment of this section, in consultation with the States and other interested parties, the Secretary shall--

      (1) establish an interstate oasis program; and

      (2) after providing an opportunity for public comment, develop standards for designating, as an interstate oasis, a facility that--

        (A) offers--

          (i) products and services to the public;

          (ii) 24-hour access to restrooms; and

          (iii) parking for automobiles and heavy trucks; and

        (B) meets other standards established by the Secretary.

    (b) Standards for Designation- The standards for designation under subsection (a) shall include standards relating to--

      (1) the appearance of a facility; and

      (2) the proximity of the facility to the Dwight D. Eisenhower National System of Interstate and Defense Highways.

    (c) Eligibility for Designation- If a State (as defined in section 101(a) of title 23, United States Code) elects to participate in the interstate oasis program, any facility meeting the standards established by the Secretary shall be eligible for designation under this section.

    (d) Logo- The Secretary shall design a logo to be displayed by a facility designated under this section.

Subtitle D--Highway Safety

SEC. 1401. HIGHWAY SAFETY IMPROVEMENT PROGRAM.

    (a) Safety Improvement-

      (1) IN GENERAL- Section 148 of title 23, United States Code, is amended to read as follows:

`Sec. 148. Highway safety improvement program

    `(a) Definitions- In this section, the following definitions apply:

      `(1) HIGH RISK RURAL ROAD- The term `high risk rural road' means any roadway functionally classified as a rural major or minor collector or a rural local road--

        `(A) on which the accident rate for fatalities and incapacitating injuries exceeds the statewide average for those functional classes of roadway; or

        `(B) that will likely have increases in traffic volume that are likely to create an accident rate for fatalities and incapacitating injuries that exceeds the statewide average for those functional classes of roadway.

      `(2) HIGHWAY SAFETY IMPROVEMENT PROGRAM- The term `highway safety improvement program' means the program carried out under this section.

      `(3) HIGHWAY SAFETY IMPROVEMENT PROJECT-

        `(A) IN GENERAL- The term `highway safety improvement project' means a project described in the State strategic highway safety plan that--

          `(i) corrects or improves a hazardous road location or feature; or

          `(ii) addresses a highway safety problem.

        `(B) INCLUSIONS- The term `highway safety improvement project' includes a project for one or more of the following:

          `(i) An intersection safety improvement.

          `(ii) Pavement and shoulder widening (including addition of a passing lane to remedy an unsafe condition).

          `(iii) Installation of rumble strips or another warning device, if the rumble strips or other warning devices do not adversely affect the safety or mobility of bicyclists, pedestrians, and the disabled.

          `(iv) Installation of a skid-resistant surface at an intersection or other location with a high frequency of accidents.

          `(v) An improvement for pedestrian or bicyclist safety or safety of the disabled.

          `(vi) Construction of any project for the elimination of hazards at a railway-highway crossing that is eligible for funding under section 130, including the separation or protection of grades at railway-highway crossings.

          `(vii) Construction of a railway-highway crossing safety feature, including installation of protective devices.

          `(viii) The conduct of a model traffic enforcement activity at a railway-highway crossing.

          `(ix) Construction of a traffic calming feature.

          `(x) Elimination of a roadside obstacle.

          `(xi) Improvement of highway signage and pavement markings.

          `(xii) Installation of a priority control system for emergency vehicles at signalized intersections.

          `(xiii) Installation of a traffic control or other warning device at a location with high accident potential.

          `(xiv) Safety-conscious planning.

          `(xv) Improvement in the collection and analysis of crash data.

          `(xvi) Planning, integrated interoperable emergency communications equipment, operational activities, or traffic enforcement activities (including police assistance) relating to workzone safety.

          `(xvii) Installation of guardrails, barriers (including barriers between construction work zones and traffic lanes for the safety of motorists and workers), and crash attenuators.

          `(xviii) The addition or retrofitting of structures or other measures to eliminate or reduce accidents involving vehicles and wildlife.

          `(xix) Installation and maintenance of signs (including fluorescent, yellow-green signs) at pedestrian-bicycle crossings and in school zones.

          `(xx) Construction and yellow-green signs at pedestrian-bicycle crossings and in school zones.

          `(xxi) Construction and operational improvements on high risk rural roads.

      `(4) SAFETY PROJECT UNDER ANY OTHER SECTION-

        `(A) IN GENERAL- The term `safety project under any other section' means a project carried out for the purpose of safety under any other section of this title.

        `(B) INCLUSION- The term `safety project under any other section' includes a project to promote the awareness of the public and educate the public concerning highway safety matters (including motorcyclist safety) and a project to enforce highway safety laws.

      `(5) STATE HIGHWAY SAFETY IMPROVEMENT PROGRAM- The term `State highway safety improvement program' means projects or strategies included in the State strategic highway safety plan carried out as part of the State transportation improvement program under section 135(g).

      `(6) STATE STRATEGIC HIGHWAY SAFETY PLAN- The term `State strategic highway safety plan' means a plan developed by the State transportation department that--

        `(A) is developed after consultation with--

          `(i) a highway safety representative of the Governor of the State;

          `(ii) regional transportation planning organizations and metropolitan planning organizations, if any;

          `(iii) representatives of major modes of transportation;

          `(iv) State and local traffic enforcement officials;

          `(v) persons responsible for administering section 130 at the State level;

          `(vi) representatives conducting Operation Lifesaver;

          `(vii) representatives conducting a motor carrier safety program under section 31102, 31106, or 31309 of title 49;

          `(viii) motor vehicle administration agencies; and

          `(ix) other major State and local safety stakeholders;

        `(B) analyzes and makes effective use of State, regional, or local crash data;

        `(C) addresses engineering, management, operation, education, enforcement, and emergency services elements (including integrated, interoperable emergency communications) of highway safety as key factors in evaluating highway projects;

        `(D) considers safety needs of, and high-fatality segments of, public roads;

        `(E) considers the results of State, regional, or local transportation and highway safety planning processes;

        `(F) describes a program of projects or strategies to reduce or eliminate safety hazards;

        `(G) is approved by the Governor of the State or a responsible State agency; and

        `(H) is consistent with the requirements of section 135(g).

    `(b) Program-

      `(1) IN GENERAL- The Secretary shall carry out a highway safety improvement program.

      `(2) PURPOSE- The purpose of the highway safety improvement program shall be to achieve a significant reduction in traffic fatalities and serious injuries on public roads.

    `(c) Eligibility-

      `(1) IN GENERAL- To obligate funds apportioned under section 104(b)(5) to carry out this section, a State shall have in effect a State highway safety improvement program under which the State--

        `(A) develops and implements a State strategic highway safety plan that identifies and analyzes highway safety problems and opportunities as provided in paragraph (2);

        `(B) produces a program of projects or strategies to reduce identified safety problems;

        `(C) evaluates the plan on a regular basis to ensure the accuracy of the data and priority of proposed improvements; and

        `(D) submits to the Secretary an annual report that--

          `(i) describes, in a clearly understandable fashion, not less than 5 percent of locations determined by the State, using criteria established in accordance with paragraph (2)(B)(ii), as exhibiting the most severe safety needs; and

          `(ii) contains an assessment of--

            `(I) potential remedies to hazardous locations identified;

            `(II) estimated costs associated with those remedies; and

            `(III) impediments to implementation other than cost associated with those remedies.

      `(2) IDENTIFICATION AND ANALYSIS OF HIGHWAY SAFETY PROBLEMS AND OPPORTUNITIES- As part of the State strategic highway safety plan, a State shall--

        `(A) have in place a crash data system with the ability to perform safety problem identification and countermeasure analysis;

        `(B) based on the analysis required by subparagraph (A)--

          `(i) identify hazardous locations, sections, and elements (including roadside obstacles, railway-highway crossing needs, and unmarked or poorly marked roads) that constitute a danger to motorists (including motorcyclists), bicyclists, pedestrians, and other highway users; and

          `(ii) using such criteria as the State determines to be appropriate, establish the relative severity of those locations, in terms of accidents, injuries, deaths, traffic volume levels, and other relevant data;

        `(C) adopt strategic and performance-based goals that--

          `(i) address traffic safety, including behavioral and infrastructure problems and opportunities on all public roads;

          `(ii) focus resources on areas of greatest need; and

          `(iii) are coordinated with other State highway safety programs;

        `(D) advance the capabilities of the State for traffic records data collection, analysis, and integration with other sources of safety data (such as road inventories) in a manner that--

          `(i) complements the State highway safety program under chapter 4 and the commercial vehicle safety plan under section 31102 of title 49;

          `(ii) includes all public roads;

          `(iii) identifies hazardous locations, sections, and elements on public roads that constitute a danger to motorists (including motorcyclists), bicyclists, pedestrians, the disabled, and other highway users; and

          `(iv) includes a means of identifying the relative severity of hazardous locations described in clause (iii) in terms of accidents, injuries, deaths, and traffic volume levels;

        `(E)(i) determine priorities for the correction of hazardous road locations, sections, and elements (including railway-highway crossing improvements), as identified through crash data analysis;

        `(ii) identify opportunities for preventing the development of such hazardous conditions; and

        `(iii) establish and implement a schedule of highway safety improvement projects for hazard correction and hazard prevention; and

        `(F)(i) establish an evaluation process to analyze and assess results achieved by highway safety improvement projects carried out in accordance with procedures and criteria established by this section; and

        `(ii) use the information obtained under clause (i) in setting priorities for highway safety improvement projects.

    `(d) Eligible Projects-

      `(1) IN GENERAL- A State may obligate funds apportioned to the State under section 104(b)(5) to carry out--

        `(A) any highway safety improvement project on any public road or publicly owned bicycle or pedestrian pathway or trail; or

        `(B) as provided in subsection (e), other safety projects.

      `(2) USE OF OTHER FUNDING FOR SAFETY-

        `(A) EFFECT OF SECTION- Nothing in this section prohibits the use of funds made available under other provisions of this title for highway safety improvement projects.

        `(B) USE OF OTHER FUNDS- States are encouraged to address the full scope of their safety needs and opportunities by using funds made available under other provisions of this title (except a provision that specifically prohibits that use).

    `(e) Flexible Funding for States With a Strategic Highway Safety Plan-

      `(1) IN GENERAL- To further the implementation of a State strategic highway safety plan, a State may use up to 10 percent of the amount of funds apportioned to the State under section 104(b)(5) for a fiscal year to carry out safety projects under any other section as provided in the State strategic highway safety plan if the State certifies that--

        `(A) the State has met needs in the State relating to railway-highway crossings; and

        `(B) the State has met the State's infrastructure safety needs relating to highway safety improvement projects.

      `(2) OTHER TRANSPORTATION AND HIGHWAY SAFETY PLANS- Nothing in this subsection requires a State to revise any State process, plan, or program in effect on the date of enactment of this section.

    `(f) High Risk Rural Roads-

      `(1) IN GENERAL- After making an apportionment under section 104(b)(5) for a fiscal year beginning after September 30, 2005, the Secretary shall ensure, from amounts made available to carry out this section for such fiscal year, that a total of $90,000,000 of such apportionment is set aside by the States, proportionally according to the share of each State of the total amount so apportioned, for use only for construction and operational improvements on high risk rural roads.

      `(2) SPECIAL RULE- A State may use funds apportioned to the State pursuant to this subsection for any project under this section if the State certifies to the Secretary that the State has met all of State needs for construction and operational improvements on high risk rural roads.

    `(g) Reports-

      `(1) IN GENERAL- A State shall submit to the Secretary a report that--

        `(A) describes progress being made to implement highway safety improvement projects under this section;

        `(B) assesses the effectiveness of those improvements; and

        `(C) describes the extent to which the improvements funded under this section contribute to the goals of--

          `(i) reducing the number of fatalities on roadways;

          `(ii) reducing the number of roadway-related injuries;

          `(iii) reducing the occurrences of roadway-related crashes;

          `(iv) mitigating the consequences of roadway-related crashes; and

          `(v) reducing the occurrences of crashes at railway-highway crossings.

      `(2) CONTENTS; SCHEDULE- The Secretary shall establish the content and schedule for a report under paragraph (1).

      `(3) TRANSPARENCY- The Secretary shall make reports submitted under subsection (c)(1)(D) available to the public through--

        `(A) the Web site of the Department; and

        `(B) such other means as the Secretary determines to be appropriate.

      `(4) DISCOVERY AND ADMISSION INTO EVIDENCE OF CERTAIN REPORTS, SURVEYS, AND INFORMATION- Notwithstanding any other provision of law, reports, surveys, schedules, lists, or data compiled or collected for any purpose directly relating to paragraph (1) or subsection (c)(1)(D), or published by the Secretary in accordance with paragraph (3), shall not be subject to discovery or admitted into evidence in a Federal or State court proceeding or considered for other purposes in any action for damages arising from any occurrence at a location identified or addressed in such reports, surveys, schedules, lists, or other data.

    `(h) Federal Share of Highway Safety Improvement Projects- Except as provided in sections 120 and 130, the Federal share of the cost of a highway safety improvement project carried out with funds apportioned to a State under section 104(b)(5) shall be 90 percent.'.

      (2) CLERICAL AMENDMENT- The analysis for chapter 1 of such title is amended by striking the item relating to section 148 and inserting the following:

`148. Highway safety improvement program.'.

      (3) CONFORMING AMENDMENTS-

        (A) TRANSFERS OF APPORTIONMENTS- Section 104(g) of such title is amended in the first sentence by striking `sections 130, 144, and 152 of this title' and inserting `sections 130 and 144'.

        (B) UNIFORM TRANSFERABILITY- Section 126(a) of such title is amended by inserting `under' after `State's apportionment'.

        (C) OTHER SECTIONS- Sections 154, 164, and 409 of such title are amended by striking `152' each place it appears and inserting `148'.

    (b) Apportionment of Highway Safety Improvement Program Funds- Section 104(b) of such title (as amended by section 1103 of this Act) is amended--

      (1) in the matter preceding paragraph (1) by inserting after `Improvement program,' the following: `the highway safety improvement program,'; and

      (2) by adding at the end the following:

      `(5) HIGHWAY SAFETY IMPROVEMENT PROGRAM-

        `(A) IN GENERAL- For the highway safety improvement program, in accordance with the following formula:

          `(i) 33 1/3 percent of the apportionments in the ratio that--

            `(I) the total lane miles of Federal-aid highways in each State; bears to

            `(II) the total lane miles of Federal-aid highways in all States.

          `(ii) 33 1/3 percent of the apportionments in the ratio that--

            `(I) the total vehicle miles traveled on lanes on Federal-aid highways in each State; bears to

            `(II) the total vehicle miles traveled on lanes on Federal-aid highways in all States.

          `(iii) 33 1/3 percent of the apportionments in the ratio that--

            `(I) the number of fatalities on the Federal-aid system in each State in the latest fiscal year for which data are available; bears to

            `(II) the number of fatalities on the Federal-aid system in all States in the latest fiscal year for which data are available.

        `(B) MINIMUM APPORTIONMENT- Notwithstanding subparagraph (A), each State shall receive a minimum of 1/2 of 1 percent of the funds apportioned under this paragraph.'.

    (d) Elimination of Hazards Relating to Railway-Highway Crossings-

      (1) FUNDS FOR PROTECTIVE DEVICES- Section 130(e) of such title is amended--

        (A) by striking `At' and inserting the following:

      `(1) IN GENERAL- Before making an apportionment under section 104(b)(5) for a fiscal year, the Secretary shall set aside, from amounts made available to carry out the highway safety improvement program under section 148 for such fiscal year, at least $220,000,000 for the elimination of hazards and the installation of protective devices at railway-highway crossings. At'; and

        (B) by adding at the end the following:

      `(2) SPECIAL RULE- If a State demonstrates to the satisfaction of the Secretary that the State has met all its needs for installation of protective devices at railway-highway crossings, the State may use funds made available by this section for other purposes under this subsection.'.

      (2) APPORTIONMENT- Section 130(f) of such title is amended to read as follows:

    `(f) Apportionment-

      `(1) FORMULA- Fifty percent of the funds set aside to carry out this section pursuant to subsection (e)(1) shall be apportioned to the States in accordance with the formula set forth in section 104(b)(3)(A), and 50 percent of such funds shall be apportioned to the States in the ratio that total public railway-highway crossings in each State bears to the total of such crossings in all States.

      `(2) MINIMUM APPORTIONMENT- Notwithstanding paragraph (1), each State shall receive a minimum of 1/2 of 1 percent of the funds apportioned under paragraph (1).

      `(3) FEDERAL SHARE- The Federal share payable on account of any project financed with funds set aside to carry out this section shall be 90 percent of the cost thereof.'.

      (3) BIENNIAL REPORTS TO CONGRESS- Section 130(g) of such title is amended in the third sentence--

        (A) by inserting `and the Committee on Commerce, Science, and Transportation,' after `Public Works'; and

        (B) by striking `not later than April 1 of each year' and inserting `, not later than April 1, 2006, and every 2 years thereafter,'.

      (4) EXPENDITURE OF FUNDS- Section 130 of such title is amended by adding at the end the following:

    `(k) Expenditure of Funds- Not more than 2 percent of funds apportioned to a State to carry out this section may be used by the State for compilation and analysis of data in support of activities carried out under subsection (g).'.

    (e) Transition-

      (1) IMPLEMENTATION- Except as provided in paragraph (2), the Secretary shall approve obligations of funds apportioned under section 104(b)(5) of title 23, United States Code (as added by subsection (b)) to carry out section 148 of that title, only if, not later than October 1 of the second fiscal year beginning after the date of enactment of this Act, a State has developed and implemented a State strategic highway safety plan as required pursuant to section 148(c) of that title.

      (2) INTERIM PERIOD-

        (A) IN GENERAL- Before October 1 of the second fiscal year after the date of enactment of this Act and until the date on which a State develops and implements a State strategic highway safety plan, the Secretary shall apportion funds to a State for the highway safety improvement program and the State may obligate funds apportioned to the State for the highway safety improvement program under section 148 for projects that were eligible for funding under sections 130 and 152 of that title, as in effect on the day before the date of enactment of this Act.

        (B) NO STRATEGIC HIGHWAY SAFETY PLAN- If a State has not developed a strategic highway safety plan by October 1, 2007, the State shall receive for the highway safety improvement program for each subsequent fiscal year until the date of development of such plan an amount that equals the amount apportioned to the State for that program for fiscal year 2007.

SEC. 1402. WORKER INJURY PREVENTION AND FREE FLOW OF VEHICULAR TRAFFIC.

    Not later than 1 year after the date of enactment of this Act, the Secretary shall issue regulations to decrease the likelihood of worker injury and maintain the free flow of vehicular traffic by requiring workers whose duties place them on or in close proximity to a Federal-aid highway (as defined in section 101 of title 23, United States Code) to wear high visibility garments. The regulations may also require such other worker-safety measures for workers with those duties as the Secretary determines to be appropriate.

SEC. 1403. TOLL FACILITIES WORKPLACE SAFETY STUDY.

    (a) In General- The Secretary shall conduct a study on the safety of highway toll collection facilities, including toll booths, to determine the safety of the facilities for the toll collectors who work in and around the facilities, including consideration of--

      (1) the effect of design or construction of the facilities on the likelihood of vehicle collisions with the facilities;

      (2) the safety of crosswalks used by toll collectors in transit to and from toll booths;

      (3) the extent of the enforcement of speed limits in the vicinity of the facilities;

      (4) the use of warning devices, such as vibration and rumble strips, to alert drivers approaching the facilities;

      (5) the use of cameras to record traffic violations in the vicinity of the facilities;

      (6) the use of traffic control arms in the vicinity of the facilities;

      (7) law enforcement practices and jurisdictional issues that affect safety in the vicinity of the facilities; and

      (8) the incidence of accidents and injuries in the vicinity of toll booths.

    (b) Data Collection- As part of the study, the Secretary shall collect data regarding the incidence of accidents and injuries in the vicinity of highway toll collection facilities.

    (c) Report- Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the results of the study, together with recommendations for improving toll facilities workplace safety.

    (d) Funding-

      (1) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to carry out this section, out of the Highway Trust Fund (other than the Mass Transit Account), $500,000 for fiscal year 2006.

      (2) CONTRACT AUTHORITY- Funds authorized to be appropriated by this section shall be available for obligation in the same manner and to the same extent as if the funds were apportioned under chapter 1 of title 23, United States Code, except that the Federal share of the cost of the project shall be 100 percent, and the funds shall remain available until expended and shall not be transferable.

SEC. 1404. SAFE ROUTES TO SCHOOL PROGRAM.

    (a) Establishment- Subject to the requirements of this section, the Secretary shall establish and carry out a safe routes to school program for the benefit of children in primary and middle schools.

    (b) Purposes- The purposes of the program shall be--

      (1) to enable and encourage children, including those with disabilities, to walk and bicycle to school;

      (2) to make bicycling and walking to school a safer and more appealing transportation alternative, thereby encouraging a healthy and active lifestyle from an early age; and

      (3) to facilitate the planning, development, and implementation of projects and activities that will improve safety and reduce traffic, fuel consumption, and air pollution in the vicinity of schools.

    (c) Apportionment of Funds-

      (1) IN GENERAL- Subject to paragraphs (2), (3), and (4), amounts made available to carry out this section for a fiscal year shall be apportioned among the States in the ratio that--

        (A) the total student enrollment in primary and middle schools in each State; bears to

        (B) the total student enrollment in primary and middle schools in all States.

      (2) MINIMUM APPORTIONMENT- No State shall receive an apportionment under this section for a fiscal year of less than $1,000,000.

      (3) SET-ASIDE FOR ADMINISTRATIVE EXPENSES- Before apportioning under this subsection amounts made available to carry out this section for a fiscal year, the Secretary shall set aside not more than $3,000,000 of such amounts for the administrative expenses of the Secretary in carrying out this subsection.

      (4) DETERMINATION OF STUDENT ENROLLMENTS- Determinations under this subsection concerning student enrollments shall be made by the Secretary.

    (d) Administration of Amounts- Amounts apportioned to a State under this section shall be administered by the State's department of transportation.

    (e) Eligible Recipients- Amounts apportioned to a State under this section shall be used by the State to provide financial assistance to State, local, and regional agencies, including nonprofit organizations, that demonstrate an ability to meet the requirements of this section.

    (f) Eligible Projects and Activities-

      (1) INFRASTRUCTURE-RELATED PROJECTS-

        (A) IN GENERAL- Amounts apportioned to a State under this section may be used for the planning, design, and construction of infrastructure-related projects that will substantially improve the ability of students to walk and bicycle to school, including sidewalk improvements, traffic calming and speed reduction improvements, pedestrian and bicycle crossing improvements, on-street bicycle facilities, off-street bicycle and pedestrian facilities, secure bicycle parking facilities, and traffic diversion improvements in the vicinity of schools.

        (B) LOCATION OF PROJECTS- Infrastructure-related projects under subparagraph (A) may be carried out on any public road or any bicycle or pedestrian pathway or trail in the vicinity of schools.

      (2) NONINFRASTRUCTURE-RELATED ACTIVITIES-

        (A) IN GENERAL- In addition to projects described in paragraph (1), amounts apportioned to a State under this section may be used for noninfrastructure-related activities to encourage walking and bicycling to school, including public awareness campaigns and outreach to press and community leaders, traffic education and enforcement in the vicinity of schools, student sessions on bicycle and pedestrian safety, health, and environment, and funding for training, volunteers, and managers of safe routes to school programs.

        (B) ALLOCATION- Not less than 10 percent and not more than 30 percent of the amount apportioned to a State under this section for a fiscal year shall be used for noninfrastructure-related activities under this subparagraph.

      (3) SAFE ROUTES TO SCHOOL COORDINATOR- Each State receiving an apportionment under this section for a fiscal year shall use a sufficient amount of the apportionment to fund a full-time position of coordinator of the State's safe routes to school program.

    (g) Clearinghouse-

      (1) IN GENERAL- The Secretary shall make grants to a national nonprofit organization engaged in promoting safe routes to schools to--

        (A) operate a national safe routes to school clearinghouse;

        (B) develop information and educational programs on safe routes to school; and

        (C) provide technical assistance and disseminate techniques and strategies used for successful safe routes to school programs.

      (2) FUNDING- The Secretary shall carry out this subsection using amounts set aside for administrative expenses under subsection (c)(3).

    (h) Task Force-

      (1) IN GENERAL- The Secretary shall establish a national safe routes to school task force composed of leaders in health, transportation, and education, including representatives of appropriate Federal agencies, to study and develop a strategy for advancing safe routes to school programs nationwide.

      (2) REPORT- Not later than March 31, 2006, the Secretary shall submit to Congress a report containing the results of the study conducted, and a description of the strategy developed, under paragraph (1) and information regarding the use of funds for infrastructure-related and noninfrastructure-related activities under paragraphs (1) and (2) of subsection (f).

      (3) FUNDING- The Secretary shall carry out this subsection using amounts set aside for administrative expenses under subsection (c)(3).

    (i) Applicability of Title 23- Funds made available to carry out this section shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code; except that such funds shall not be transferable and shall remain available until expended, and the Federal share of the cost of a project or activity under this section shall be 100 percent.

    (j) Treatment of Projects- Notwithstanding any other provision of law, projects assisted under this subsection shall be treated as projects on a Federal-aid system under chapter 1 of title 23, United States Code.

    (k) Definitions- In this section, the following definitions apply:

      (1) IN THE VICINITY OF SCHOOLS- The term `in the vicinity of schools' means, with respect to a school, the area within bicycling and walking distance of the school (approximately 2 miles).

      (2) PRIMARY AND MIDDLE SCHOOLS- The term `primary and middle schools' means schools providing education from kindergarten through eighth grade.

SEC. 1405. ROADWAY SAFETY IMPROVEMENTS FOR OLDER DRIVERS AND PEDESTRIANS.

    (a) In General- The Secretary shall carry out a program to improve traffic signs and pavement markings in all States (as such term is defined in section 101 of title 23, United States Code) in a manner consistent with the recommendations included in the publication of the Federal Highway Administration entitled `Guidelines and Recommendations to Accommodate Older Drivers and Pedestrians (FHWA-RD-01-103)' and dated October 2001.

    (b) Federal Share- The Federal share of the cost of a project carried out under this section shall be determined in accordance with section 120 of title 23, United States Code.

    (c) Authorization of Appropriations- There is authorized to be appropriated such sums as may be necessary to carry out this section for each of fiscal years 2005 through 2009.

SEC. 1406. SAFETY INCENTIVE GRANTS FOR USE OF SEAT BELTS.

    Section 157(g)(1) of title 23, United States Code, is amended by striking `2004, and' and all that follows through `2005' and inserting `2004, and $112,000,000 for fiscal year 2005'.

SEC. 1407. SAFETY INCENTIVES TO PREVENT OPERATION OF MOTOR VEHICLES BY INTOXICATED PERSONS.

    (a) Codification of Penalty- Section 163 of title 23, United States Code, is amended--

      (1) by redesignating subsection (e) as subsection (f); and

      (2) by inserting after subsection (d) the following:

    `(e) Penalty-

      `(1) IN GENERAL- On October 1, 2003, and October 1 of each fiscal year thereafter, if a State has not enacted or is not enforcing a law described in subsection (a), the Secretary shall withhold from amounts apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b) an amount equal to the amount specified in paragraph (2).

      `(2) AMOUNT TO BE WITHHELD- If a State is subject to a penalty under paragraph (1), the Secretary shall withhold for a fiscal year from the apportionments of the State described in paragraph (1) an amount equal to a percentage of the funds apportioned to the State under paragraphs (1), (3), and (4) of section 104(b) for fiscal year 2003. The percentage shall be as follows:

        `(A) For fiscal year 2004, 2 percent.

        `(B) For fiscal year 2005, 4 percent.

        `(C) For fiscal year 2006, 6 percent.

        `(D) For fiscal year 2007, and each fiscal year thereafter, 8 percent.

      `(3) FAILURE TO COMPLY- If, within 4 years from the date that an apportionment for a State is withheld in accordance with this subsection, the Secretary determines that the State has enacted and is enforcing a law described in subsection (a), the apportionment of the State shall be increased by an amount equal to the amount withheld. If, at the end of such 4-year period, any State has not enacted or is not enforcing a law described in subsection (a) any amounts so withheld from such State shall lapse.'.

    (b) Authorization of Appropriations- Section 163(f)(1) of such title (as redesignated by subsection (a)(1) of this section) is amended by striking `2004, and' and inserting `2004, and $110,000,000 for fiscal year 2005'.

    (c) Repeal- Section 351 of the Department of Transportation and Related Agencies Appropriations Act, 2001 (23 U.S.C. 163 note; 114 Stat. 1356A-34) is repealed.

SEC. 1408. IMPROVEMENT OR REPLACEMENT OF HIGHWAY FEATURES ON NATIONAL HIGHWAY SYSTEM.

    (a) Update of Implementation Guidance- The Secretary, in cooperation with the American Association of State Highway and Transportation Officials, shall update as appropriate the August 28, 1998, Federal Highway Administration Policy on Implementation of the report of the Transportation Research Board of the National Research Council entitled `NCHRP Report 350-Recommended Procedures for the Safety Performance Evaluation of Highway Features'.

    (b) Guidance- The Secretary, in cooperation with the Association, shall publish updated guidance regarding the conditions under which States, when choosing to improve or replace highway features on the National Highway System, should improve or replace such features with highway features that have been tested, evaluated, and found to be acceptable under the guidelines of the report referred to in subsection (a).

    (c) Matters To Be Considered- Guidance published in accordance with subsection (a)--

      (1) shall address those highway features that are covered by the guidelines in the report referred to in subsection (b); and

      (2) shall consider types of highway features, cost-effectiveness, and practicality of replacement with highway features that have been found to be acceptable under the report guidelines to determine conditions when such features should be used.

SEC. 1409. WORK ZONE SAFETY GRANTS.

    (a) In General- The Secretary shall establish and implement a work zone safety grant program under which the Secretary may make grants to nonprofit organizations and not-for-profit organizations to provide training to prevent or reduce highway work zone injuries and fatalities.

    (b) Eligible Activities- Grants may be made under the program for the following purposes:

      (1) Training for construction craft workers on the prevention of injuries and fatalities in highway and road construction.

      (2) Development of guidelines for the prevention of highway work zone injuries and fatalities.

      (3) Training for State and local government transportation agencies and other groups implementing guidelines for the prevention of highway work zone injuries and fatalities.

    (c) Funding-

      (1) IN GENERAL- There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $5,000,000 for each of fiscal years 2006 through 2009.

      (2) CONTRACT AUTHORITY- Funds authorized by this subsection shall be available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code; except that such funds shall not be transferable.

    (d) Construction Work in Alaska- Section 114 of title 23, United States Code, is amended by adding at the end of the following:

    `(c) Construction Work in Alaska-

      `(1) IN GENERAL- The Secretary shall ensure that a worker who is employed on a remote project for the construction of a highway or portion of a highway located on a Federal-aid system in the State of Alaska and who is not a domiciled resident of the locality shall receive meals and lodging.

      `(2) LODGING- The lodging under paragraph (1) shall be in accordance with section 1910.142 of title 29, Code of Federal Regulations (relating to temporary labor camp requirements).

      `(3) PER DIEM-

        `(A) IN GENERAL- Contractors are encouraged to use commercial facilities and lodges on remote projects, however, when such facilities are not available, per diem in lieu of room and lodging may be paid on remote Federal highway projects at a basic rate of $75.00 per day or part of a day the worker is employed on the project. Where the contractor provides or furnishes room and lodging or pays a per diem, the cost of the amount shall not be considered a part of wages and shall be excluded from the calculation of wages.

        `(B) SECRETARY OF LABOR- Such per diem rate shall be adopted by the Secretary of Labor for all applicable remote Federal highway projects in Alaska.

        `(C) EXCEPTION- Per diem shall not be allowed on any of the following remote projects for the construction of a highway or portion of a highway located on a Federal-aid system:

          `(i) West of Livengood on the Elliot Highway.

          `(ii) Mile 0 on the Dalton Highway to the North Slope of Alaska; north of Mile 20 on the Taylor Highway.

          `(iii) East of Chicken on the Top of the World Highway and south of Tetlin Junction to the Alaska Canadian border.

      `(4) DEFINITIONS- In this subsection, the following definitions apply:

        `(A) REMOTE- The term `remote', as used with respect to a project, means that the project is 65 road miles or more from the international airport in Fairbanks, Anchorage, or Juneau, Alaska, as the case may be, or is inaccessible by road in a 2-wheel drive vehicle.

        `(B) RESIDENT- The term `resident', as used with respect to a project, means a person living within 65 road miles of the midpoint of the project for at least 12 consecutive months prior to the award of the project.'.

SEC. 1410. NATIONAL WORK ZONE SAFETY INFORMATION CLEARINGHOUSE.

    (a) Grants- The Secretary shall make grants for fiscal years 2006 through 2009 to a national nonprofit foundation for the operation of the National Work Zone Safety Information Clearinghouse, authorized by section 358(b)(2) of Public Law 104-59, created for the purpose of assembling and disseminating, by electronic and other means, information relating to improvement of roadway work zone safety.

    (b) Authorization of Appropriations- There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $1,000,000 for each of fiscal years 2006 through 2009.

    (c) Contract Authority- Funds authorized by this subsection shall be available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code, except the Federal share of the cost of activities carried out using such funds shall be 100 percent, and such funds shall remain available until expended and shall not be transferable.

SEC. 1411. ROADWAY SAFETY.

    (a) Road Safety-

      (1) IN GENERAL- The Secretary shall enter into an agreement to assist in the activities of a national nonprofit organization that is dedicated solely to improving public road safety--

        (A) by improving the quality of data pertaining to public road hazards and design features that affect or increase the severity of motor vehicle crashes;

        (B) by developing and carrying out a public awareness campaign to educate State and local transportation officials, public safety officials, and motorists regarding the extent to which public road hazards and design features are a factor in motor vehicle crashes; and

        (C) by promoting public road safety research and technology transfer activities.

      (2) FUNDING- There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) $500,000 for each of fiscal years 2006 through 2009 to carry out this subsection.

      (3) APPLICABILITY OF TITLE 23- Funds made available by this subsection shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code, except that the funds shall remain available until expended.

    (b) Bicycle and Pedestrian Safety Grants-

      (1) IN GENERAL- The Secretary shall make grants to a national, not-for-profit organization engaged in promoting bicycle and pedestrian safety--

        (A) to operate a national bicycle and pedestrian clearinghouse;

        (B) to develop information and educational programs; and

        (C) to disseminate techniques and strategies for improving bicycle and pedestrian safety.

      (2) FUNDING- There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) $300,000 for fiscal year 2005 and $500,000 for each of fiscal years 2006 through 2009 to carry out this subsection.

      (3) APPLICABILITY OF TITLE 23- Funds made available by this subsection shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code, except that the funds shall remain available until expended.

SEC. 1412. IDLING REDUCTION FACILITIES IN INTERSTATE RIGHTS-OF-WAY.

    Section 111 of title 23, United States Code, is amended by adding at the end the following:

    `(d) Idling Reduction Facilities in Interstate Rights-of-Way-

      `(1) IN GENERAL- Notwithstanding subsection (a), a State may--

        `(A) permit electrification or other idling reduction facilities and equipment, for use by motor vehicles used for commercial purposes, to be placed in rest and recreation areas, and in safety rest areas, constructed or located on rights-of-way of the Interstate System in the State, so long as those idling reduction measures do not reduce the existing number of designated truck parking spaces at any given rest or recreation area; and

        `(B) charge a fee, or permit the charging of a fee, for the use of those parking spaces actively providing power to a truck to reduce idling.

      `(2) PURPOSE- The exclusive purpose of the facilities described in paragraph (1) (or similar technologies) shall be to enable operators of motor vehicles used for commercial purposes--

        `(A) to reduce idling of a truck while parked in the rest or recreation area; and

        `(B) to use installed or other equipment specifically designed to reduce idling of a truck, or provide alternative power for supporting driver comfort, while parked.'.

Subtitle E--Construction and Contract Efficiency

SEC. 1501. PROGRAM EFFICIENCIES.

    (a) Advance Construction- Section 115 of title 23, United States Code, is amended--

      (1) by redesignating subsection (c) as subsection (d); and

      (2) by striking subsections (a) and (b) and inserting the following:

    `(a) In General- The Secretary may authorize a State to proceed with a project authorized under this title--

      `(1) without the use of Federal funds; and

      `(2) in accordance with all procedures and requirements applicable to the project other than those procedures and requirements that limit the State to implementation of a project--

        `(A) with the aid of Federal funds previously apportioned or allocated to the State; or

        `(B) with obligation authority previously allocated to the State.

    `(b) Obligation of Federal Share- The Secretary, on the request of a State and execution of a project agreement, may obligate all or a portion of the Federal share of a project authorized to proceed under this section from any category of funds for which the project is eligible.'.

    (b) Obligation and Release of Funds- Section 118(d) of such title is amended to read as follows:

    `(d) Obligation and Release of Funds-

      `(1) IN GENERAL- Funds apportioned or allocated to a State for a purpose for any fiscal year shall be considered to be obligated if a sum equal to the total of the funds apportioned or allocated to the State for that purpose for that fiscal year and previous fiscal years is obligated.

      `(2) RELEASED FUNDS- Any funds released by the final payment for a project, or by modifying the project agreement for a project, shall be--

        `(A) credited to the same class of funds previously apportioned or allocated to the State for the project; and

        `(B) immediately available for obligation.

      `(3) NET OBLIGATIONS- Notwithstanding any other provision of law (including a regulation), obligations recorded against funds made available under this subsection shall be recorded and reported as net obligations.'.

SEC. 1502. HIGHWAYS FOR LIFE PILOT PROGRAM.

    (a) Establishment-

      (1) IN GENERAL- The Secretary shall establish and implement a pilot program to be known as the `Highways for LIFE Pilot Program'.

      (2) PURPOSE- The purpose of the pilot program shall be to advance longer-lasting highways using innovative technologies and practices to accomplish the fast construction of efficient and safe highways and bridges.

      (3) OBJECTIVES- Under the pilot program, the Secretary shall provide leadership and incentives to demonstrate and promote state-of-the-art technologies, elevated performance standards, and new business practices in the highway construction process that result in improved safety, faster construction, reduced congestion from construction, and improved quality and user satisfaction.

    (b) Projects-

      (1) APPLICATIONS- To be eligible to participate in the pilot program, a State shall submit to the Secretary an application that is in such form and contains such information as the Secretary requires. Each application shall contain a description of proposed projects to be carried by the State under the pilot program.

      (2) ELIGIBILITY- A proposed project shall be eligible for assistance under the pilot program if the project--

        (A) constructs, reconstructs, or rehabilitates a route or connection on a Federal-aid highway eligible for assistance under chapter 1 of title 23, United States Code;

        (B) uses innovative technologies, manufacturing processes, financing, or contracting methods that improve safety, reduce congestion due to construction, and improve quality; and

        (C) meets additional criteria as determined by the Secretary.

      (3) PROJECT PROPOSAL- A project proposal submitted under paragraph (1) shall contain--

        (A) an identification and description of the projects to be delivered;

        (B) a description of how the projects will result in improved safety, faster construction, reduced congestion due to construction, user satisfaction, and improved quality;

        (C) a description of the innovative technologies, manufacturing processes, financing, and contracting methods that will be used for the proposed projects; and

        (D) such other information as the Secretary may require.

      (4) SELECTION CRITERIA- In selecting projects for approval under this section, the Secretary shall ensure that the projects provide an evaluation of a broad range of technologies in a wide variety of project types and shall give priority to the projects that--

        (A) address achieving the Highways for LIFE performance standards for quality, safety, and speed of construction;

        (B) deliver and deploy innovative technologies, manufacturing processes, financing, contracting practices, and performance measures that will demonstrate substantial improvements in safety, congestion, quality, and cost-effectiveness;

        (C) include innovation that will lead to change in the administration of the State's transportation program to more quickly construct long-lasting, high-quality, cost-effective projects that improve safety and reduce congestion;

        (D) are or will be ready for construction within 1 year of approval of the project proposal; and

        (E) meet such other criteria as the Secretary determines appropriate.

      (5) FINANCIAL ASSISTANCE-

        (A) FUNDS FOR HIGHWAYS FOR LIFE PROJECTS- Out of amounts made available to carry out this section for a fiscal year, the Secretary may allocate to a State up to 20 percent, but not more than $5,000,000, of the total cost of a project approved under this section. Notwithstanding any other provision of law, funds allocated to a State under this subparagraph may be applied to the non-Federal share of the cost of construction of a project under title 23, United States Code.

        (B) USE OF APPORTIONED FUNDS- A State may obligate not more than 10 percent of the amount apportioned to the State under 1 or more of paragraphs (1), (2), (3), and (4) of section 104(b) of title 23, United States Code, for a fiscal year for projects approved under this section.

        (C) INCREASED FEDERAL SHARE- Notwithstanding sections 120 and 129 of title 23, United States Code, the Federal share payable on account of any project constructed with Federal funds allocated under this section, or apportioned under section 104(b) of such title, to a State under such title and approved under this section may amount to 100 percent of the cost of construction of such project.

        (D) LIMITATION ON STATUTORY CONSTRUCTION- Except as provided in subparagraph (C), nothing in this subsection shall be construed as altering or otherwise affecting the applicability of the requirements of chapter 1 of title 23, United States Code (including requirements relating to the eligibility of a project for assistance under the program and the location of the project), to amounts apportioned to a State for a program under section 104(b) that are obligated by the State for projects approved under this subsection.

      (6) PROJECT SELECTIONS- In the period of fiscal years 2005 through 2009, the Secretary, to the maximum extent possible, shall approve at least 1 project in each State for participation in the pilot program and for financial assistance under paragraph (5) if the State submits an application and the project meets the eligibility requirements and selection criteria under this subsection.

      (7) MAXIMUM NUMBER OF PROJECTS- The maximum number of projects for which the Secretary may allocate funds under this subsection in a fiscal year is 15.

    (c) Technology Partnerships-

      (1) IN GENERAL- The Secretary may make grants or enter into cooperative agreements or other transactions to foster the development, improvement, and creation of innovative technologies and facilities to improve safety, enhance the speed of highway construction, and improve the quality and durability of highways.

      (2) FEDERAL SHARE- The Federal share of the cost of an activity carried out under this subsection shall not exceed 80 percent.

    (d) Technology Transfer and Information Dissemination-

      (1) IN GENERAL- The Secretary shall conduct a highways for life technology transfer program.

      (2) AVAILABILITY OF INFORMATION- The Secretary shall ensure that the information and technology used, developed, or deployed under this subsection is made available to the transportation community and the public.

    (e) Stakeholder Input and Involvement- The Secretary shall establish a process for stakeholder input and involvement in the development, implementation, and evaluation of the Highways for LIFE Pilot Program. The process may include participation by representatives of State departments of transportation and other interested persons.

    (f) Project Monitoring and Evaluation- The Secretary shall monitor and evaluate the effectiveness of any activity carried out under this section.

    (g) Contract Authority- Except as otherwise provided in this section, funds authorized to be appropriated to carry out this section shall be available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code.

    (h) State Defined- In this section, the term `State' has the meaning such term has in section 101(a) of title 23, United States Code.

SEC. 1503. DESIGN BUILD.

    Section 112(b)(3) of title 23, United States Code, is amended--

      (1) by redesignating subparagraph (D) as subparagraph (E); and

      (2) by striking subparagraph (C) and inserting the following:

        `(C) QUALIFIED PROJECTS- A qualified project referred to in subparagraph (A) is a project under this chapter (including intermodal projects) for which the Secretary has approved the use of design-build contracting under criteria specified in regulations issued by the Secretary.

        `(D) REGULATORY PROCESS- Not later than 90 days after the date of enactment of the SAFETEA-LU, the Secretary shall issue revised regulations under section 1307(c) of the Transportation Equity Act for 21st Century (23 U.S.C. 112 note; 112 Stat. 230) that--

          `(i) do not preclude a State transportation department or local transportation agency, prior to compliance with section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332), from--

            `(I) issuing requests for proposals;

            `(II) proceeding with awards of design-build contracts; or

            `(III) issuing notices to proceed with preliminary design work under design-build contracts;

          `(ii) require that the State transportation department or local transportation agency receive concurrence from the Secretary before carrying out an activity under clause (i); and

          `(iii) preclude the design-build contractor from proceeding with final design or construction of any permanent improvement prior to completion of the process under such section 102.'.

Subtitle F--Finance

SEC. 1601. TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION ACT AMENDMENTS.

    (a) Definitions- Section 181 of title 23, United States Code, is amended--

      (1) in paragraph (3) by striking `category' and `offered into the capital markets';

      (2) by striking paragraph (7) and redesignating paragraphs (8) through (15) as paragraphs (7) through (14), respectively;

      (3) in paragraph (8) (as redesignated by paragraph (2) of this subsection)--

        (A) in subparagraph (B) by striking the period at the end and inserting a semicolon; and

        (B) by striking subparagraph (D) and inserting the following:

        `(D) a project that--

          `(i) is a project--

            `(I) for a public freight rail facility or a private facility providing public benefit for highway users;

            `(II) for an intermodal freight transfer facility;

            `(III) for a means of access to a facility described in subclause (I) or (II);

            `(IV) for a service improvement for a facility described in subclause (I) or (II) (including a capital investment for an intelligent transportation system); or

            `(V) that comprises a series of projects described in subclauses (I) through (IV) with the common objective of improving the flow of goods;

          `(ii) may involve the combining of private and public sector funds, including investment of public funds in private sector facility improvements; and

          `(iii) if located within the boundaries of a port terminal, includes only such surface transportation infrastructure modifications as are necessary to facilitate direct intermodal interchange, transfer, and access into and out of the port.'; and

      (4) in paragraph (10) (as redesignated by paragraph (2) of this subsection) by striking `bond' and inserting `credit'.

    (b) Determination of Eligibility- Section 182(a) of such title is amended--

      (1) by striking paragraphs (1) and (2) and inserting the following:

      `(1) INCLUSION IN TRANSPORTATION PLANS AND PROGRAMS- The project shall satisfy the applicable planning and programming requirements of sections 134 and 135 at such time as an agreement to make available a Federal credit instrument is entered into under this subchapter.

      `(2) APPLICATION- A State, local government, public authority, public-private partnership, or any other legal entity undertaking the project and authorized by the Secretary, shall submit a project application to the Secretary.';

      (2) in paragraph (3)(A)(i) by striking `$100,000,000' and inserting `$50,000,000';

      (3) in paragraph (3)(A)(ii) by striking `50' and inserting `33 1/3 ';

      (4) in paragraph (3)(B) by striking `$30,000,000' and inserting `$15,000,000'; and

      (5) in paragraph (4)--

        (A) by striking `Project financing' and inserting `The Federal credit instrument'; and

        (B) by inserting before the period at the end `that also secure the project obligations'.

    (c) Project Selection- Section 182(b) of such title is amended--

      (1) in paragraph (1) by striking `criteria' the second place it appears and inserting `requirements'; and

      (2) in paragraph (2)(B) by inserting `, which may be the Federal credit instrument,' after `obligations'.

    (d) Secured Loans-

      (1) AGREEMENTS- Section 183(a)(1) of such title is amended--

        (A) in subparagraph (A) by inserting `of any project selected under section 602' after `costs';

        (B) by striking the semicolon at the end of subparagraph (B) and all that follows through `under section 182.' and inserting `of any project selected under section 602; or'; and

        (C) by adding at the end the following:

        `(C) to refinance long-term project obligations or Federal credit instruments if such refinancing provides additional funding capacity for the completion, enhancement, or expansion of any project that--

          `(i) is selected under section 602; or

          `(ii) otherwise meets the requirements of section 602.'.

      (2) INVESTMENT-GRADE RATING REQUIREMENT- Section 183(a)(4) of such title is amended--

        (A) by striking `The funding' and inserting `The execution'; and

        (B) by striking the first comma and all that follows through `1 rating agency'.

      (3) TERMS AND LIMITATIONS- Section 183(b) of such title is amended--

        (A) in paragraph (2)--

          (i) by inserting `the lesser of' after `exceed'; and

          (ii) by inserting `or, if the secured loan does not receive an investment grade rating, the amount of the senior project obligations' after `costs';

        (B) in paragraph (3)(A)(i) by inserting `that also secure the senior project obligations' after `sources'; and

        (C) in paragraph (4) by striking `marketable'.

      (4) REPAYMENT- Section 183(c) of such title is amended--

        (A) by striking paragraph (3);

        (B) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively;

        (C) in paragraph (3)(A) (as redesignated by subparagraph (B) of this paragraph) by striking `during the 10 years'; and

        (D) in subparagraph (3)(B)(ii) (as so redesignated) by striking `loan' and all that follows and inserting `loan.'.

    (e) Lines of Credit-

      (1) TERMS AND LIMITATIONS- Section 184(b) of such title is amended--

        (A) by striking paragraph (2) and inserting the following:

      `(2) MAXIMUM AMOUNTS- The total amount of the line of credit shall not exceed 33 percent of the reasonably anticipated eligible project costs.';

        (B) in paragraph (3) by striking `, any debt service reserve fund, and any other available reserve' and inserting `but not including reasonably required financing reserves';

        (C) in paragraph (4)--

          (i) by striking `marketable';

          (ii) by striking `on which' and inserting `of execution of'; and

          (iii) by striking `is obligated' and inserting `agreement';

        (D) in paragraph (5)(A)(i) by inserting `that also secure the senior project obligations' after `sources'; and

        (E) in paragraph (6) by striking `line of credit' and inserting `full amount of the line of credit, to the extent not drawn upon,'.

      (2) REPAYMENT- Section 184(c) of such title is amended--

        (A) in paragraph (2)--

          (i) by striking `scheduled';

          (ii) by inserting `be scheduled to' after `shall'; and

          (iii) by striking `be fully repaid, with interest,' and inserting `to conclude, with full repayment of principal and interest,'; and

        (B) by striking paragraph (3).

    (f) Program Administration- Section 185 of such title is amended to read as follows:

`Sec. 185. Program administration

    `(a) Requirement- The Secretary shall establish a uniform system to service the Federal credit instruments made available under this subchapter.

    `(b) Fees-

      `(1) IN GENERAL- The Secretary may collect and spend fees, contingent upon authority being provided in appropriations Acts, at a level that is sufficient to cover--

        `(A) the costs of services of expert firms retained pursuant to subsection (d); and

        `(B) all or a portion of the costs to the Federal Government of servicing the Federal credit instruments.

    `(c) Servicer-

      `(1) IN GENERAL- The Secretary may appoint a financial entity to assist the Secretary in servicing the Federal credit instruments.

      `(2) DUTIES- The servicer shall act as the agent for the Secretary.

      `(3) FEE- The servicer shall receive a servicing fee, subject to approval by the Secretary.

    `(d) Assistance From Expert Firms- The Secretary may retain the services of expert firms, including counsel, in the field of municipal and project finance to assist in the underwriting and servicing of Federal credit instruments.'.

    (g) Funding- Section 188 of such title is amended to read as follows:

`Sec. 188. Funding

    `(a) Funding-

      `(1) IN GENERAL- There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out this subchapter $122,000,000 for each of fiscal years 2005 through 2009.

      `(2) AVAILABILITY- Amounts made available to carry out this chapter shall remain available until expended.

      `(3) ADMINISTRATIVE COSTS- From funds made available to carry out this chapter, the Secretary may use, for the administration of this subchapter, not more than $2,200,000 for each of fiscal years 2005 through 2009.

    `(b) Contract Authority-

      `(1) IN GENERAL- Notwithstanding any other provision of law, approval by the Secretary of a Federal credit instrument that uses funds made available under this subchapter shall impose upon the United States a contractual obligation to fund the Federal credit investment.

      `(2) AVAILABILITY- Amounts authorized under this section for a fiscal year shall be available for obligation on October 1 of the fiscal year.'.

    (h) Dates for Submission of Reports- Section 189 of such title is amended--

      (1) by striking the section designation and heading and inserting the following:

`Sec. 189. Reports to Congress';

      (2) by striking `Not later than 4 years after the date of enactment of this subchapter,' and inserting `On June 1, 2006, and every 2 years thereafter,'; and

      (3) by striking `subchapter' each place it appears and inserting `chapter (other than section 610)'.

    (i) Clerical Amendment- The analysis for chapter 1 of such title is amended by striking the item relating to section 185 and inserting the following:

`185. Program administration.'.

SEC. 1602. STATE INFRASTRUCTURE BANKS.

    (a) In General- Subchapter II of chapter 1 of title 23, United States Code, is amended by adding at the end the following:

`Sec. 190. State infrastructure bank program

    `(a) Definitions- In this section, the following definitions apply:

      `(1) CAPITAL PROJECT- The term `capital project' has the meaning such term has under section 5302 of title 49.

      `(2) OTHER FORMS OF CREDIT ASSISTANCE- The term `other forms of credit assistance' includes any use of funds in an infrastructure bank--

        `(A) to provide credit enhancements;

        `(B) to serve as a capital reserve for bond or debt instrument financing;

        `(C) to subsidize interest rates;

        `(D) to insure or guarantee letters of credit and credit instruments against credit risk of loss;

        `(E) to finance purchase and lease agreements with respect to transit projects;

        `(F) to provide bond or debt financing instrument security; and

        `(G) to provide other forms of debt financing and methods of leveraging funds that are approved by the Secretary and that relate to the project with respect to which such assistance is being provided.

      `(3) STATE- The term `State' has the meaning such term has under section 401.

      `(4) CAPITALIZATION- The term `capitalization' means the process used for depositing funds as initial capital into a State infrastructure bank to establish the infrastructure bank.

      `(5) COOPERATIVE AGREEMENT- The term `cooperative agreement' means written consent between a State and the Secretary which sets forth the manner in which the infrastructure bank established by the State in accordance with this section will be administered.

      `(6) LOAN- The term `loan' means any form of direct financial assistance from a State infrastructure bank that is required to be repaid over a period of time and that is provided to a project sponsor for all or part of the costs of the project.

      `(7) GUARANTEE- The term `guarantee' means a contract entered into by a State infrastructure bank in which the bank agrees to take responsibility for all or a portion of a project sponsor's financial obligations for a project under specified conditions.

      `(8) INITIAL ASSISTANCE- The term `initial assistance' means the first round of funds that are loaned or used for credit enhancement by a State infrastructure bank for projects eligible for assistance under this section.

      `(9) LEVERAGE- The term `leverage' means a financial structure used to increase funds in a State infrastructure bank through the issuance of debt instruments.

      `(10) LEVERAGED- The term `leveraged', as used with respect to a State infrastructure bank, means that the bank has total potential liabilities that exceed the capital of the bank.

    `(b) Cooperative Agreements- Subject to the provisions of this section, the Secretary may 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 carrying out or proposing to carry out projects eligible for assistance under this section.

    `(c) Interstate Compacts-

      `(1) IN GENERAL- Congress grants consent to 2 or more of the States, entering into a cooperative agreement under subsection (a) with the Secretary for the establishment by such States of a multistate infrastructure bank in accordance with this section, to enter into an interstate compact establishing such bank in accordance with this section.

      `(2) RESERVATION OF RIGHTS- The right to alter, amend, or repeal interstate compacts entered into under this subsection is expressly reserved.

    `(d) Funding-

      `(1) HIGHWAY ACCOUNT- Subject to subsection (j), the Secretary may permit a State entering into a cooperative agreement under this section to establish a State infrastructure bank to deposit into the highway account of the bank not to exceed--

        `(A) 10 percent of the funds apportioned to the State for each of fiscal years 2005 through 2009 under each of sections 104(b)(1), 104(b)(3), 104(b)(4), and 144; and

        `(B) 10 percent of the funds allocated to the State for each of such fiscal years under section 105.

      `(2) TRANSIT ACCOUNT- Subject to subsection (j), the Secretary may permit a State entering into a cooperative agreement under this section to establish a State infrastructure bank, and any other recipient of Federal assistance under section 5307, 5309, or 5311 of title 49, to deposit into the transit account of the bank not to exceed 10 percent of the funds made available to the State or other recipient in each of fiscal years 2005 through 2009 for capital projects under each of such sections.

      `(3) RAIL ACCOUNT- Subject to subsection (j), the Secretary may permit a State entering into a cooperative agreement under this section to establish a State infrastructure bank, and any other recipient of Federal assistance under subtitle V of title 49, to deposit into the rail account of the bank funds made available to the State or other recipient in each of fiscal years 2005 through 2009 for capital projects under such subtitle.

      `(4) CAPITAL GRANTS-

        `(A) HIGHWAY ACCOUNT- Federal funds deposited into a highway account of a State infrastructure bank under paragraph (1) shall constitute for purposes of this section a capitalization grant for the highway account of the bank.

        `(B) TRANSIT ACCOUNT- Federal funds deposited into a transit account of a State infrastructure bank under paragraph (2) shall constitute for purposes of this section a capitalization grant for the transit account of the bank.

        `(C) RAIL ACCOUNT- Federal funds deposited into a rail account of a State infrastructure bank under paragraph 3 shall constitute for purposes of this section a capitalization grant for the rail account of the bank.

      `(5) SPECIAL RULE FOR URBANIZED AREAS OF OVER 200,000- Funds in a State infrastructure bank that are attributed to urbanized areas of a State with urbanized populations of over 200,000 under section 133(d)(3) may be used to provide assistance with respect to a project only if the metropolitan planning organization designated for such area concurs, in writing, with the provision of such assistance.

      `(6) DISCONTINUANCE OF FUNDING- If the Secretary determines that a State is not implementing the State's infrastructure bank in accordance with a cooperative agreement entered into under subsection (b), the Secretary may prohibit the State from contributing additional Federal funds to the bank.

    `(e) Forms of Assistance From Infrastructure Banks- An infrastructure bank established under this section may make loans or provide other forms of credit assistance to a public or private entity in an amount equal to all or a part of the cost of carrying out a project eligible for assistance under this section. The amount of any loan or other form of credit assistance provided for the project may be subordinated to any other debt financing for the project. Initial assistance provided with respect to a project from Federal funds deposited into an infrastructure bank under this section may not be made in the form of a grant.

    `(f) Eligible Projects- Subject to subsection (e), funds in an infrastructure bank established under this section may be used only to provide assistance for projects eligible for assistance under this title and capital projects defined in section 5302 of title 49, and any other projects relating to surface transportation that the Secretary determines to be appropriate.

    `(g) Infrastructure Bank Requirements- In order to establish an infrastructure bank under this section, the State establishing the bank shall--

      `(1) deposit in cash, at a minimum, into each account of the bank from non-Federal sources an amount equal to 25 percent of the amount of each capitalization grant made to the State and deposited into such account; except that, if the deposit is into the highway account of the bank and the State has a non-Federal share under section 120(b) that is less than 25 percent, the percentage to be deposited from non-Federal sources shall be the lower percentage of such grant;

      `(2) ensure that the bank maintains on a continuing basis an investment grade rating on its debt, or has a sufficient level of bond or debt financing instrument insurance, to maintain the viability of the bank;

      `(3) ensure that investment income derived from funds deposited to an account of the bank are--

        `(A) credited to the account;

        `(B) available for use in providing loans and other forms of credit assistance to projects eligible for assistance from the account; and

        `(C) invested in United States Treasury securities, bank deposits, or such other financing instruments as the Secretary may approve to earn interest to enhance the leveraging of projects assisted by the bank;

      `(4) ensure that any loan from the bank will bear interest at or below market interest rates, as determined by the State, to make the project that is the subject of the loan feasible;

      `(5) ensure that repayment of any loan from the bank will commence not later than 5 years after the project has been completed or, in the case of a highway project, the facility has opened to traffic, whichever is later;

      `(6) ensure that the term for repaying any loan will not exceed 30 years after the date of the first payment on the loan; and

      `(7) require the bank to make an annual report to the Secretary on its status no later than September 30 of each year and such other reports as the Secretary may require under guidelines issued to carry out this section.

    `(h) Applicability of Federal Law-

      `(1) IN GENERAL- The requirements of this title and title 49 that would otherwise apply to funds made available under this title or such title and projects assisted with those funds shall apply to--

        `(A) funds made available under this title or such title and contributed to an infrastructure bank established under this section, including the non-Federal contribution required under subsection (g); and

        `(B) projects assisted by the bank through the use of the funds;

      except to the extent that the Secretary determines that any requirement of such title (other than sections 113 and 114 of this title and section 5333 of title 49) is not consistent with the objectives of this section.

      `(2) REPAYMENTS- The requirements of this title and title 49 shall apply to repayments from non-Federal sources to an infrastructure bank from projects assisted by the bank. Such a repayment shall be considered to be Federal funds.

    `(i) United States Not Obligated- The deposit of Federal funds into an infrastructure bank established under this section shall not be construed as a commitment, guarantee, or obligation on the part of the United States to any third party, nor shall any third party have any right against the United States for payment solely by virtue of the contribution. Any security or debt-financing instrument issued by the infrastructure bank shall expressly state that the security or instrument does not constitute a commitment, guarantee, or obligation of the United States.

    `(j) Management of Federal Funds- Sections 3335 and 6503 of title 31 shall not apply to funds deposited into an infrastructure bank under this section.

    `(k) Program Administration- For each of fiscal years 2005 through 2009, a State may expend not to exceed 2 percent of the Federal funds contributed to an infrastructure bank established by the State under this section to pay the reasonable costs of administering the bank.'.

    (b) Preparatory Amendments-

      (1) SECTION 181- Section 181 of such title is amended--

        (A) by striking the section designator and heading and inserting the following:

`Sec. 181. Generally applicable provisions';

        (B) by striking `In this subchapter' and inserting the following:

    `(a) Definitions- In this chapter';

        (C) in paragraph (5) by striking `184' and inserting `604';

        (D) in paragraph (11) (as redesignated by section 1601(a) of this Act) by striking `183' and inserting `603'; and

        (E) by adding at the end the following:

    `(b) Treatment of Chapter- For purposes of this title, this chapter shall be treated as being part of chapter 1.'.

      (2) SECTION 182- Section 182(b)(2)(A)(viii) of such title is amended by inserting `and chapter 1' after `this chapter'.

      (3) SECTION 183- Section 183(a)(3) of such title is amended by striking `182(b)(2)(B)' and inserting `602(b)(2)(B)'.

      (4) SECTION 184- Section 184 of such title is amended--

        (A) in subsection (a)(1) by striking `182' and inserting `602';

        (B) in subsection (a)(3) by striking `182(b)(2)(B)' and inserting `602(b)(2)(B)'; and

        (C) in subsection (b)(10) by striking `183' and inserting `603'.

      (5) REFERENCES IN SUBCHAPTER- Subchapter II of chapter 1 of such title is amended by striking `this subchapter' each place it appears and inserting `this chapter'.

      (6) SUBCHAPTER HEADINGS- Chapter 1 of such title is further amended--

        (A) by striking `SUBCHAPTER I--GENERAL PROVISIONS' preceding section 101; and

        (B) by striking `SUBCHAPTER II--INFRASTRUCTURE FINANCE' preceding section 181.

    (c) Chapter 6- Such title is further amended by adding at the end the following:

`CHAPTER 6--INFRASTRUCTURE FINANCE

`Sec.
`601. Generally applicable provisions.
`602. Determination of eligibility and project selection.
`603. Secured loans.
`604. Lines of credit.
`605. Program administration.
`606. State and local permits.
`607. Regulations.
`608. Funding.
`609. Reports to Congress.
`610. State infrastructure bank program.'.

    (d) Moving and Redesignating- Such title is further amended--

      (1) by redesignating sections 181 through 189 as sections 601 through 609, respectively;

      (2) by moving such sections from chapter 1 to chapter 6 (as added by subsection (c)); and

      (3) by inserting such sections after the analysis for chapter 6.

    (e) Analysis for Chapter 1 and Table of Chapters-

      (1) ANALYSIS FOR CHAPTER 1- The analysis for chapter 1 of such title is amended--

        (A) by striking the headings for subchapters I and II; and

        (B) by striking the items relating to sections 181 through 189.

      (2) TABLE OF CHAPTERS- The table of chapters for such title is amended by inserting after the item relating to chapter 5 the following:

`6. Infrastructure Finance 601.'.

SEC. 1603. USE OF EXCESS FUNDS AND FUNDS FOR INACTIVE PROJECTS.

    (a) Definitions- In this section, the following definitions apply:

      (1) ELIGIBLE FUNDS-

        (A) IN GENERAL- The term `eligible funds' means excess funds or inactive funds for a specific transportation project or activity that were--

          (i) allocated before fiscal year 1991; and

          (ii) designated in a public law, or a report accompanying a public law, for allocation for the specific surface transportation project or activity.

        (B) INCLUSION- The term `eligible funds' includes funds described in subparagraph (A) that were allocated and designated for a demonstration project.

      (2) EXCESS FUNDS- The term `excess funds' means--

        (A) funds obligated for a specific transportation project or activity that remain available for the project or activity after the project or activity has been completed or canceled; or

        (B) an unobligated balance of funds allocated for a transportation project or activity that the State in which the project or activity was to be carried out certifies are no longer needed for the project or activity.

      (3) INACTIVE FUNDS- The term `inactive funds' means--

        (A) an obligated balance of Federal funds for an eligible transportation project or activity against which no expenditures have been charged during any 1-year period beginning after the date of obligation of the funds; and

        (B) funds that are available to carry out a transportation project or activity in a State, but, as certified by the State, are unlikely to be advanced for the project or activity during the 1-year period beginning on the date of certification.

    (b) Availability for STP Purposes- Eligible funds shall be--

      (1) made available in accordance with this section to the State that originally received the funds; and

      (2) available for obligation for any eligible purpose under section 133 of title 23, United States Code.

    (c) Retention for Original Purpose-

      (1) IN GENERAL- The Secretary may determine that eligible funds identified as inactive funds shall remain available for the purpose for which the funds were initially made available if the applicable State certifies that the funds are necessary for that initial purpose.

      (2) REPORT- A certification provided by a State under paragraph (1) shall include a report on the status of, and an estimated completion date for, the project that is the subject of the certification.

    (d) Authority To Obligate- Notwithstanding the original source or period of availability of eligible funds, the Secretary may, on the request by a State--

      (1) obligate the funds for any eligible purpose under section 133 of title 23, United States Code; or

      (2)(A) deobligate the funds; and

      (B) reobligate the funds for any eligible purpose under that section.

    (e) Applicability-

      (1) IN GENERAL- Subject to paragraph (2), this section applies only to eligible funds.

      (2) DISCRETIONARY ALLOCATIONS; SECTION 125 PROJECTS- This section does not apply to funds that are--

        (A) allocated at the discretion of the Secretary and for which the Secretary has the authority to withdraw the allocation for use on other projects; or

        (B) made available to carry out projects under section 125 of title 23, United States Code.

    (f) Period of Availability; Title 23 Requirements-

      (1) IN GENERAL- Notwithstanding the original source or period of availability of eligible funds obligated, or deobligated and reobligated, under subsection (d), the eligible funds--

        (A) shall remain available for obligation for a period of 3 fiscal years after the fiscal year in which this Act is enacted; and

        (B) except as provided in paragraph (2), shall be subject to the requirements of title 23, United States Code, that apply to section 133 of that title, including provisions relating to Federal share.

      (2) EXCEPTION- With respect to eligible funds described in paragraph (1)--

        (A) section 133(d) of title 23, United States Code, shall not apply; and

        (B) the period of availability of the eligible funds shall be determined in accordance with this section.

    (g) Report- Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing any action taken by the Secretary under this section.

    (h) Sense of Congress Regarding Use of Eligible Funds- It is the sense of Congress that eligible funds made available under this Act or title 23, United States Code, should be available for obligation for transportation projects and activities in the same geographic region for which the eligible funds were initially made available.

SEC. 1604. TOLLING.

    (a) Value Pricing Pilot Program- Section 1012(b)(8) of the Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 149 note; 105 Stat. 1938) is amended--

      (1) by redesignating subparagraphs (A) and (B) as subparagraphs (C) and (D), respectively; and

      (2) by inserting before subparagraph (C) (as redesignated by paragraph (1)) the following:

        `(A) IN GENERAL- There are authorized to be appropriated to the Secretary from the Highway Trust Fund (other than the Mass Transit Account) to carry out this subsection--

          `(i) for fiscal year 2005, $11,000,000; and

          `(ii) for each of fiscal years 2006 through 2009, $12,000,000.

        `(B) SET-ASIDE FOR PROJECTS NOT INVOLVING HIGHWAY TOLLS- Of the amounts made available to carry out this subsection, $3,000,000 for each of fiscal years 2006 through 2009 shall be available only for congestion pricing pilot projects that do not involve highway tolls.'.

    (b) Express Lanes Demonstration Program-

      (1) DEFINITIONS- In this subsection, the following definitions apply:

        (A) ELIGIBLE TOLL FACILITY- The term `eligible toll facility' includes--

          (i) a facility in existence on the date of enactment of this Act that collects tolls;

          (ii) a facility in existence on the date of enactment of this Act that serves high occupancy vehicles;

          (iii) a facility modified or constructed after the date of enactment of this Act to create additional tolled lane capacity (including a facility constructed by a private entity or using private funds); and

          (iv) in the case of a new lane added to a previously non-tolled facility, only the new lane.

        (B) NONATTAINMENT AREA- The term `nonattainment area' has the meaning given that term in section 171 of the Clean Air Act (42 U.S.C. 7501).

      (2) DEMONSTRATION PROGRAM- Notwithstanding sections 129 and 301 of title 23, United States Code, the Secretary shall carry out 15 demonstration projects during the period of fiscal years 2005 through 2009 to permit States, public authorities, or a public or private entities designated by States, to collect a toll from motor vehicles at an eligible toll facility for any highway, bridge, or tunnel, including facilities on the Interstate System--

        (A) to manage high levels of congestion;

        (B) to reduce emissions in a nonattainment area or maintenance area; or

        (C) to finance the expansion of a highway, for the purpose of reducing traffic congestion, by constructing 1 or more additional lanes (including bridge, tunnel, support, and other structures necessary for that construction) on the Interstate System.

      (3) LIMITATION ON USE OF REVENUES-

        (A) USE-

          (i) IN GENERAL- Toll revenues received under paragraph (2) shall be used by a State, public authority, or private entity designated by a State, for--

            (I) debt service;

            (II) a reasonable return on investment of any private financing;

            (III) the costs necessary for proper operation and maintenance of any facilities under paragraph (2) (including reconstruction, resurfacing, restoration, and rehabilitation); or

            (IV) if the State, public authority, or private entity annually certifies that the tolled facility is being adequately operated and maintained, any other purpose relating to a highway or transit project carried out under title 23 or 49, United States Code.

        (B) REQUIREMENTS-

          (i) VARIABLE PRICE REQUIREMENT- A facility that charges tolls under this subsection may establish a toll that varies in price according to time of day or level of traffic, as appropriate to manage congestion or improve air quality.

          (ii) HOV VARIABLE PRICING REQUIREMENT- The Secretary shall require, for each high occupancy vehicle facility that charges tolls under this subsection, that the tolls vary in price according to time of day or level of traffic, as appropriate to manage congestion or improve air quality.

          (iii) HOV PASSENGER REQUIREMENTS- Pursuant to section 166 of title 23, United States Code, a State may permit motor vehicles with fewer than 2 occupants to operate in high occupancy vehicle lanes as part of a variable toll pricing program established under this subsection.

        (C) AGREEMENT-

          (i) IN GENERAL- Before the Secretary may permit a facility to charge tolls under this subsection, the Secretary and the applicable State, public authority, or private entity designated by a State shall enter into an agreement for each facility incorporating the conditions described in subparagraphs (A) and (B).

          (ii) TERMINATION- An agreement under clause (i) shall terminate with respect to a facility upon the decision of the State, public authority, or private entity designated by a State to discontinue the variable tolling program under this subsection for the facility.

          (iii) DEBT- If there is any debt outstanding on a facility at the time at which the decision is made to discontinue the program under this subsection with respect to the facility, the facility may continue to charge tolls in accordance with the terms of the agreement until such time as the debt is retired.

        (D) LIMITATION ON FEDERAL SHARE- The Federal share of the cost of a project on a facility tolled under this subsection, including a project to install the toll collection facility shall be a percentage, not to exceed 80 percent, determined by the applicable State.

      (4) ELIGIBILITY- To be eligible to participate in the program under this subsection, a State, public authority, or private entity designated by a State shall provide to the Secretary--

        (A) a description of the congestion or air quality problems sought to be addressed under the program;

        (B) a description of--

          (i) the goals sought to be achieved under the program; and

          (ii) the performance measures that would be used to gauge the success made toward reaching those goals; and

        (C) such other information as the Secretary may require.

      (5) AUTOMATION- Fees collected from motorists using an express lane shall be collected only through the use of noncash electronic technology that optimizes the free flow of traffic on the tolled facility.

      (6) INTEROPERABILITY-

        (A) IN GENERAL- Not later than 180 days after the date of enactment of this Act, the Secretary shall promulgate a final rule specifying requirements, standards, or performance specifications for automated toll collection systems implemented under this section.

        (B) DEVELOPMENT- In developing that rule, which shall be designed to maximize the interoperability of electronic collection systems, the Secretary shall, to the maximum extent practicable--

          (i) seek to accelerate progress toward the national goal of achieving a nationwide interoperable electronic toll collection system;

          (ii) take into account the use of noncash electronic technology currently deployed within an appropriate geographical area of travel and the noncash electronic technology likely to be in use within the next 5 years; and

          (iii) seek to minimize additional costs and maximize convenience to users of toll facility and to the toll facility owner or operator.

      (7) REPORTING-

        (A) IN GENERAL- The Secretary, in cooperation with State and local agencies and other program participants and with opportunity for public comment, shall--

          (i) develop and publish performance goals for each express lane project;

          (ii) establish a program for regular monitoring and reporting on the achievement of performance goals, including--

            (I) effects on travel, traffic, and air quality;

            (II) distribution of benefits and burdens;

            (III) use of alternative transportation modes; and

            (IV) use of revenues to meet transportation or impact mitigation needs.

        (B) REPORTS TO CONGRESS- The Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives--

          (i) not later than 1 year after the date of enactment of this Act, and annually thereafter, a report that describes in detail the uses of funds under this subsection in accordance with paragraph (8)(D); and

          (ii) not later than 3 years after the date of enactment of this Act, and every 3 years thereafter, a report that describes any success of the program under this subsection in meeting congestion reduction and other performance goals established for express lane programs.

    (c) Interstate System Construction Toll Pilot Program-

      (1) ESTABLISHMENT- The Secretary shall establish and implement an Interstate System construction toll pilot program under which the Secretary, notwithstanding sections 129 and 301 of title 23, United States Code, may permit a State or an interstate compact of States to collect tolls on a highway, bridge, or tunnel on the Interstate System for the purpose of constructing Interstate highways.

      (2) LIMITATION ON NUMBER OF FACILITIES- The Secretary may permit the collection of tolls under this section on 3 facilities on the Interstate System.

      (3) ELIGIBILITY- To be eligible to participate in the pilot program, a State shall submit to the Secretary an application that contains, at a minimum, the following:

        (A) An identification of the facility on the Interstate System proposed to be a toll facility.

        (B) In the case of a facility that affects a metropolitan area, an assurance that the metropolitan planning organization designated under section 134 or 135 for the area has been consulted concerning the placement and amount of tolls on the facility.

        (C) An analysis demonstrating that financing the construction of the facility with the collection of tolls under the pilot program is the most efficient and economical way to advance the project.

        (D) A facility management plan that includes--

          (i) a plan for implementing the imposition of tolls on the facility;

          (ii) a schedule and finance plan for the construction of the facility using toll revenues;

          (iii) a description of the public transportation agency that will be responsible for implementation and administration of the pilot program;

          (iv) a description of whether consideration will be given to privatizing the maintenance and operational aspects of the facility, while retaining legal and administrative control of the portion of the Interstate route; and

          (v) such other information as the Secretary may require.

      (4) SELECTION CRITERIA- The Secretary may approve the application of a State under paragraph (3) only if the Secretary determines that--

        (A) the State's analysis under paragraph (3)(C) is reasonable;

        (B) the State plan for implementing tolls on the facility takes into account the interests of local, regional, and interstate travelers;

        (C) the State plan for construction of the facility using toll revenues is reasonable;

        (D) the State will develop, manage, and maintain a system that will automatically collect the tolls; and

        (E) the State has given preference to the use of a public toll agency with demonstrated capability to build, operate, and maintain a toll expressway system meeting criteria for the Interstate System.

      (5) PROHIBITION ON NONCOMPETE AGREEMENTS- Before the Secretary may permit a State to participate in the pilot program, the State must enter into an agreement with the Secretary that provides that the State will not enter into an agreement with a private person under which the State is prevented from improving or expanding the capacity of public roads adjacent to the toll facility to address conditions resulting from traffic diverted to such roads from the toll facility, including--

        (A) excessive congestion;

        (B) pavement wear; and

        (C) an increased incidence of traffic accidents, injuries, or fatalities.

      (6) LIMITATIONS ON USE OF REVENUES; AUDITS- Before the Secretary may permit a State to participate in the pilot program, the State must enter into an agreement with the Secretary that provides that--

        (A) all toll revenues received from operation of the toll facility will be used only for--

          (i) debt service;

          (ii) reasonable return on investment of any private person financing the project; and

          (iii) any costs necessary for the improvement of and the proper operation and maintenance of the toll facility, including reconstruction, resurfacing, restoration, and rehabilitation of the toll facility; and

        (B) regular audits will be conducted to ensure compliance with subparagraph (A) and the results of such audits will be transmitted to the Secretary.

      (7) LIMITATION ON USE OF INTERSTATE MAINTENANCE FUNDS- During the term of the pilot program, funds apportioned for Interstate maintenance under section 104(b)(4) of title 23, United States Code, may not be used on a facility for which tolls are being collected under the program.

      (8) PROGRAM TERM- The Secretary may approve an application of a State for permission to collect a toll under this section only if the application is received by the Secretary before the last day of the 10-year period beginning on the date of enactment of this Act.

      (9) INTERSTATE SYSTEM DEFINED- In this section, the term `Interstate System' has the meaning such term has under section 101 of title 23, United States Code.

Subtitle G--High Priority Projects

SEC. 1701. HIGH PRIORITY PROJECTS PROGRAM.

    (a) Authorization of High Priority Projects- Section 117(a) of title 23, United States Code, is amended to read as follows:

    `(a) Authorization of High Priority Projects-

      `(1) IN GENERAL- The Secretary is authorized to carry out high priority projects with funds made available to carry out the high priority projects program under this section.

      `(2) AVAILABILITY OF FUNDS-

        `(A) FOR TEA-21- Of amounts made available to carry out this section for fiscal years 1998 through 2003, the Secretary, subject to subsection (b), shall make available to carry out each project described in section 1602 of the Transportation Equity Act for the 21st Century the amount listed for such project in such section.

        `(B) FOR SAFETEA-LU- Of amounts made available to carry out this section for fiscal years 2005 through 2009, the Secretary, subject to subsection (b), shall make available to carry out each project described in section 1702 of the SAFETEA-LU the amount listed for such project in such section.

      `(3) AVAILABILITY OF UNALLOCATED FUNDS- Any amounts made available to carry out such program that are not allocated for projects described in such section shall be available to the Secretary, subject to subsection (b), to carry out such other high priority projects as the Secretary determines appropriate.'.

    (b) Allocation Percentages- Section 117(b) of such title is amended to read as follows:

    `(b) For TEA-21- For each project to be carried out with funds made available to carry out the high priority projects program under this section for fiscal years 1998 through 2003--

      `(1) 11 percent of such amount shall be available for obligation beginning in fiscal year 1998;

      `(2) 15 percent of such amount shall be available for obligation beginning in fiscal year 1999;

      `(3) 18 percent of such amount shall be available for obligation beginning in fiscal year 2000;

      `(4) 18 percent of such amount shall be available for obligation beginning in fiscal year 2001;

      `(5) 19 percent of such amount shall be available for obligation beginning in fiscal year 2002; and

      `(6) 19 percent of such amount shall be available for obligation beginning in fiscal year 2003.

    `(c) For SAFETEA-LU- For each project to be carried out with funds made available to carry out the high priority projects program under this section for fiscal years 2005 through 2009--

      `(1) 20 percent of such amount shall be available for obligation beginning in fiscal year 2005;

      `(2) 20 percent of such amount shall be available for obligation beginning in fiscal year 2006;

      `(3) 20 percent of such amount shall be available for obligation beginning in fiscal year 2007;

      `(4) 20 percent of such amount shall be available for obligation beginning in fiscal year 2008; and

      `(5) 20 percent of such amount shall be available for obligation beginning in fiscal year 2009.'.

    (c) Advance Construction- Section 117(e) of such title is amended--

      (1) in paragraph (1) by inserting after `21st Century' the following: `or section 1701 of the SAFETEA-LU , as the case may be,'; and

      (2) by striking `section 1602 of the Transportation Equity Act for the 21st Century.' and inserting `such section 1602 or 1702, as the case may be.'

    (d) Availability of Obligation Limitation- Section 117(g) of such title is amended by inserting after `21st Century' the following: `or section 1102(g) of the SAFETEA-LU, as the case may be'.

    (e) Federal-State Relationship- Section 145(b) of such title is amended--

      (1) by inserting after `described in' the following: `section 1702 of the SAFETEA-LU,';

      (2) by inserting after `for such projects by' the following: `section 1101(a)(16) of the SAFETEA-LU,'; and

      (3) by striking `117 of title 23, United States Code,' and inserting `section 117 of this title,'.

SEC. 1702. PROJECT AUTHORIZATIONS.

    Subject to section 117 of title 23, United States Code, the amount listed for each high priority project in the following table shall be available (from amounts made available by section 1101(a)(16) of this Act) for fiscal years 2005 through 2009 to carry out each such project:

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SEC. 1703. TECHNICAL AMENDMENTS TO TRANSPORTATION PROJECTS.

    (a) TEA-21- The table contained in section 1602 of the Transportation Equity Act for the 21st Century (112 Stat. 257) is amended--

      (1) in item number 35 by inserting `and for other related purposes' after `Yard';

      (2) in item number 78 by striking `Third' and all that follows through `Bridge' and inserting `Bayview Transportation Improvements Project';

      (3) in item number 312 by inserting `through construction' after `engineering';

      (4) in item number 566 by striking `Prunedale Bypass' and inserting `improvements to Prunedale';

      (5) in item number 732 by striking `reviews and other preliminary work' and inserting `reviews, other preliminary work, and transitional construction';

      (6) in item number 744 by striking `Preliminary' and all that follows through `Fitchburg' and inserting `Design, construction or reconstruction, and right of way acquisition for roadway improvements along the Route 12 corridor in Leominster and Fitchburg to enhance access from Route 2 to North Leominster and downtown Fitchburg';

      (7) in item number 800 by striking `Fairview Township' and inserting `or other projects selected by the York County, Pennsylvania MPO';

      (8) in item number 820 by striking `Conduct' and all that follows through `interchange' and inserting `Conduct a transportation needs study and make improvements to I-75 interchanges in the Grayling area';

      (9) in item number 863, by adding at the end the following: `, including the Cuyahoga-Woodland Avenue Bridge';

      (10) in item number 897 by striking `Road upgrade' and all that follows through `Hills' and inserting `Engineering and construction of a new access road to a development near Interstate Route 57 and 167th Street in Country Club Hills';

      (11) in item 1096 by striking `Construct' and all that follows through `Independence' and inserting `Construction and improvements in Reminderville, Ohio (43 percent); streetscaping, bicycle trails, and related improvements to the I-90--SR 615 Interchange in Mentor, Ohio (20 percent); planning and construction of a bicycle trail adjacent to such Interchange (14 percent); Eastlake Stadium transit intermodal facility (16 percent); and purchase of right-of-way for transportation enhancement activities in Bainbridge Township, Ohio (7 percent)';

      (12) in item number 1121 by striking `Construct' and all that follows through `Douglaston Parkway' and inserting `Provide landscaping along both sides of the Grand Central Parkway from 188th Street to 172nd Street';

      (13) in item number 1225 by striking `Construct SR 9 bypass' and inserting `Study, design, and construct transportation solutions for SR 9 corridor';

      (14) in item number 1349 by inserting `, and improvements to streets and roads providing access to,' after `along';

      (15) in item number 1375 by striking `Preliminary' and all that follows through `Emmet County' and inserting `Petoskey area transportation needs study and trunkline preservation and safety in the Petoskey area';

      (16) in item number 1392 by striking `Construct' and all that follows through `multimodal center' and inserting `Improve the ramp configuration at the I-476 PA Turnpike Landsdale Interchange';

      (17) in item number 1447 by striking `Extend' and all that follows through `Valparaiso' and inserting `Design and construction of interchange at I-65 and 109th Avenue, Crown Point'; and

      (18) in item number 1474 by adding at the end the following: `, widen Cuyahoga SR87, and $4,000,000 of the amount authorized to construct grading separation at Front Street, Berea'.

    (b) ISTEA - Item number 32 in the table contained in section 1106(a)(2) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2038) is amended by striking `Extension of 34th Street from IL Rt. 15 to County Road 10' and inserting `Extension and improvements of 34th Street'.

Subtitle H--Environment

SEC. 1801. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL FACILITIES.

    (a) In General- Section 147 of title 23, United States Code, is amended to read as follows:

`Sec. 147. Construction of ferry boats and ferry terminal facilities

    `(a) In General- The Secretary shall carry out a program for construction of ferry boats and ferry terminal facilities in accordance with section 129(c).

    `(b) Federal Share- The Federal share of the cost of construction of ferry boats, ferry terminals, and ferry maintenance facilities under this section shall be 80 percent.

    `(c) Allocation of Funds- The Secretary shall give priority in the allocation of funds under this section to those 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.

    `(d) Set-Aside for Projects on NHS-

      `(1) IN GENERAL- $20,000,000 of the amount made available to carry out this section for each of fiscal years 2005 through 2009 shall be obligated for the construction or refurbishment of ferry boats and ferry terminal facilities and approaches to such facilities within marine highway systems that are part of the National Highway System.

      `(2) ALASKA- $10,000,000 of the $20,000,000 for a fiscal year made available under paragraph (1) shall be made available to the State of Alaska.

      `(3) NEW JERSEY- $5,000,000 of the $20,000,000 for a fiscal year made available under paragraph (1) shall be made available to the State of New Jersey.

      `(4) WASHINGTON- $5,000,000 of the $20,000,000 for a fiscal year made available under paragraph (1) shall be made available to the State of Washington.

    `(e) Period of Availability- Notwithstanding section 118(b), funds made available to carry out this section shall remain available until expended.

    `(f) Applicability- All provisions of this chapter that are applicable to the National Highway System, other than provisions relating to apportionment formula and Federal share, shall apply to funds made available to carry out this section, except as determined by the Secretary to be inconsistent with this section.'.

    (b) Clerical Amendment- The analysis for such subchapter is amended by striking the item relating to section 147 and inserting the following:

`147. Construction of ferry boats and ferry terminal facilities.'.

    (c) Conforming Repeal- Section 1064 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2005) is repealed.

    (d) Authorization of Appropriations- In addition to amounts made available to carry out section 147 of title 23, United States Code, by section 1101 of this Act, there are authorized to be appropriated such sums as may be necessary to carry out such section 147 for fiscal year 2006 and each fiscal year thereafter. Such funds shall remain available until expended.

    (e) National Ferry Database-

      (1) ESTABLISHMENT- The Secretary, acting through the Bureau of Transportation Statistics, shall establish and maintain a national ferry database.

      (2) CONTENTS- The database shall contain current information regarding ferry systems, including information regarding routes, vessels, passengers and vehicles carried, funding sources and such other information as the Secretary considers useful.

      (3) UPDATE REPORT- Using information collected through the database, the Secretary shall periodically modify as appropriate the report submitted under section 1207(c) of the Transportation Equity Act for the 21st Century (23 U.S.C. 129 note; 112 Stat. 185-186).

      (4) REQUIREMENTS- The Secretary shall--

        (A) compile the database not later than 1 year after the date of enactment of this Act and update the database every 2 years thereafter;

        (B) ensure that the database is easily accessible to the public; and

        (C) make available, from the amounts made available for the Bureau of Transportation Statistics by section 5101 of this Act, not more than $500,000 for each of fiscal years 2006 through 2009 to establish and maintain the database.

    (f) Territory Ferries- Section 129(c)(5) of title 23, United States Code, is amended by striking `the Commonwealth of Puerto Rico' each place it appears and inserting `any territory of the United States'.

SEC. 1802. NATIONAL SCENIC BYWAYS PROGRAM.

    (a) In General- Section 162(a) of title 23, United States Code, is amended--

      (1) in paragraph (1) by striking `the roads as' and all that follows and inserting `the roads as--

        `(A) National Scenic Byways;

        `(B) All-American Roads; or

        `(C) America's Byways.'; and

      (2) by striking paragraph (3) and inserting the following:

      `(3) NOMINATION-

        `(A) IN GENERAL- To be considered for a designation, a road must be nominated by a State, an Indian tribe, or a Federal land management agency and must first be designated as a State scenic byway, an Indian tribe scenic byway, or, in the case of a road on Federal land, as a Federal land management agency byway.

        `(B) NOMINATION BY INDIAN TRIBES- An Indian tribe may nominate a road as a National Scenic Byway under subparagraph (A) 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--

          `(i) jurisdiction over the road; or

          `(ii) responsibility for managing the road.

        `(C) SAFETY- An Indian tribe shall maintain the safety and quality of roads nominated by the Indian tribe under subparagraph (A).

      `(4) RECIPROCAL NOTIFICATION- States, Indian tribes, and Federal land management agencies shall notify each other regarding nominations made under this subsection for roads that--

        `(A) are within the jurisdictional boundary of the State, Federal land management agency, or Indian tribe; or

        `(B) directly connect to roads for which the State, Federal land management agency, or Indian tribe is responsible.'.

    (b) Grants and Technical Assistance- Section 162(b) of such title is amended--

      (1) in paragraph (1) by inserting `and Indian tribes' after `provide technical assistance to States';

      (2) in paragraph (1)(A) by striking `designated as' and all that follows through `; and' and inserting `designated as--

          `(i) National Scenic Byways;

          `(ii) All-American Roads;

          `(iii) America's Byways;

          `(iv) State scenic byways; or

          `(v) Indian tribe scenic byways; and'; and

      (3) in paragraph (1)(B) by inserting `or Indian tribe' after `State';

      (4) in paragraph (2)(A) by striking `Byway or All-American Road' and inserting `Byway, All-American Road, or 1 of America's Byways';

      (5) in paragraph (2)(B)--

        (A) by striking `State-designated' and inserting `State or Indian tribe'; and

        (B) by striking `designation as a' and all that follows through `; and' and inserting `designation as--

          `(i) a National Scenic Byway;

          `(ii) an All-American Road; or

          `(iii) 1 of America's Byways; and'; and

      (6) in paragraph (2)(C) by inserting `or Indian tribe' after `State'.

    (c) Eligible Projects- Section 162(c) of such title is amended--

      (1) in paragraph (1) by inserting `or Indian tribe' after `State';

      (2) in paragraph (3)--

        (A) by inserting `Indian tribe scenic byway,' after `improvements to a State scenic byway,'; and

        (B) by inserting `Indian tribe scenic byway,' after `designation as a State scenic byway,'; and

      (3) in paragraph (4) by striking `passing lane,'.

    (d) Conforming Amendment- Section 162(e) of such title is amended by inserting `or Indian tribe' after `State'.

SEC. 1803. AMERICA'S BYWAYS RESOURCE CENTER.

    (a) In General- The Secretary shall allocate funds made available to carry out this section to the America's Byways Resource Center established pursuant to section 1215(b)(1) of the Transportation Equity Act for the 21st Century (112 Stat. 209).

    (b) Technical Support and Education-

      (1) USE OF FUNDS- The Center shall use funds allocated to the Center under this section to continue to provide technical support and conduct educational activities for the national scenic byways program established under section 162 of title 23, United States Code.

      (2) ELIGIBLE ACTIVITIES- Technical support and educational activities carried out under this subsection shall provide local officials and organizations associated with National Scenic Byways, All-American Roads, and America's Byways with proactive, technical, and on-site customized assistance, including training, communications (including a public awareness series), publications, conferences, on-site meetings, and other assistance considered appropriate to develop and sustain such byways and roads.

    (c) Authorization of Appropriations- There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $1,500,000 for fiscal year 2005 and $3,000,000 for each of fiscal years 2006 through 2009.

    (d) Applicability of Title 23- Funds authorized by this section shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code; except that the Federal share of the cost of any project or activity carried out under this section shall be 100 percent, and such funds shall remain available until expended and shall not be transferable.

SEC. 1804. NATIONAL HISTORIC COVERED BRIDGE PRESERVATION.

    (a) Definitions- In this section, the following definitions apply:

      (1) HISTORIC COVERED BRIDGE- The term `historic covered bridge' means a covered bridge that is listed or eligible for listing on the National Register of Historic Places.

      (2) STATE- The term `State' has the meaning such term has in section 101(a) of title 23, United States Code.

    (b) Historic Covered Bridge Preservation- The Secretary shall--

      (1) collect and disseminate information on historic covered bridges;

      (2) conduct educational programs relating to the history and construction techniques of historic covered bridges;

      (3) conduct research on the history of historic covered bridges; and

      (4) conduct research on, and study techniques for, protecting historic covered bridges from rot, fire, natural disasters, or weight-related damage.

    (c) Grants-

      (1) IN GENERAL- The Secretary shall make a grant to a State that submits an application to the Secretary that demonstrates a need for assistance in carrying out 1 or more historic covered bridge projects described in paragraph (2).

      (2) ELIGIBLE PROJECTS- A grant under paragraph (1) may be made for a project--

        (A) to rehabilitate or repair a historic covered bridge; or

        (B) to preserve a historic covered bridge, including through--

          (i) installation of a fire protection system, including a fireproofing or fire detection system and sprinklers;

          (ii) installation of a system to prevent vandalism and arson; or

          (iii) relocation of a bridge to a preservation site.

      (3) AUTHENTICITY REQUIREMENTS- A grant under paragraph (1) may be made for a project only if--

        (A) to the maximum extent practicable, the project--

          (i) is carried out in the most historically appropriate manner; and

          (ii) preserves the existing structure of the historic covered bridge; and

        (B) the project provides for the replacement of wooden components with wooden components, unless the use of wood is impracticable for safety reasons.

    (d) Authorization of Appropriations- There is authorized to be appropriated to carry out this section, out of the Highway Trust Fund (other than the Mass Transit Account), $10,000,000 for each of fiscal years 2006 through 2009.

    (e) Applicability of Title 23- Funds made available to carry out this section shall be available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code; except that the Federal share of the cost of any project or activity carried out under this section shall be determined in accordance with section 120 of such title, and such funds shall remain available until expended and shall not be transferable.

SEC. 1805. USE OF DEBRIS FROM DEMOLISHED BRIDGES AND OVERPASSES.

    (a) In General- Any State that demolishes a bridge or an overpass that is eligible for Federal assistance under the highway bridge replacement and rehabilitation program under section 144 of title 23, United States Code, is directed to first make the debris from the demolition of such bridge or overpass available for beneficial use by a Federal, State, or local government, unless such use obstructs navigation.

    (b) Recipient Responsibilities- A recipient of the debris described in subsection (a) shall--

      (1) bear the additional cost associated with having the debris made available;

      (2) ensure that placement of the debris complies with applicable law; and

      (3) assume all future legal responsibility arising from the placement of the debris, which may include entering into an agreement to hold the owner of the demolished bridge or overpass harmless in any liability action.

    (c) Definition- In this section, the term `beneficial use' means the application of the debris for purposes of shore erosion control or stabilization, ecosystem restoration, and marine habitat creation.

SEC. 1806. ADDITIONAL AUTHORIZATION OF CONTRACT AUTHORITY FOR STATES WITH INDIAN RESERVATIONS.

    Section 1214(d)(5)(A) of the Transportation Equity Act for the 21st Century (23 U.S.C. 202 note; 112 Stat. 206) is amended by striking `$1,500,000 for each of fiscal years 1998 through 2003' and inserting `$1,800,000 for each of fiscal years 2005 through 2009'.

SEC. 1807. NONMOTORIZED TRANSPORTATION PILOT PROGRAM.

    (a) Establishment- The Secretary shall establish and carry out a nonmotorized transportation pilot program to construct, in the following 4 communities selected by the Secretary, 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:

      (1) Columbia, Missouri.

      (2) Marin County, California.

      (3) Minneapolis-St. Paul, Minnesota.

      (4) Sheboygan County, Wisconsin.

    (b) Purpose- The purpose of the program shall be to demonstrate the extent to which bicycling and walking can carry a significant part of the transportation load, and represent a major portion of the transportation solution, within selected communities.

    (c) Grants- In carrying out the program, the Secretary may make a grant of $6,250,000 per fiscal year for each of the communities set forth in subsection (a) to State, local, and regional agencies that the Secretary determines are suitably equipped and organized to carry out the objectives and requirements of this section. An agency that receives a grant under this section may suballocate grant funds to a nonprofit organization to carry out the program under this section.

    (d) Statistical Information- In carrying out the program, the Secretary shall develop statistical information on changes in motor vehicle, nonmotorized transportation, and public transportation usage in communities participating in the program and assess how such changes decrease congestion and energy usage, increase the frequency of bicycling and walking, and promote better health and a cleaner environment.

    (e) Reports- The Secretary shall submit to Congress an interim report not later than September 30, 2007, and a final report not later than September 30, 2010, on the results of the program.

    (f) Funding-

      (1) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to carry out this section, out of the Highway Trust Fund (other than the Mass Transit Account), $25,000,000 for each of fiscal years 2006 through 2009.

      (2) CONTRACT AUTHORITY- Funds authorized to be appropriated by this section shall be available for obligation in the same manner and to the same extent as if the funds were apportioned under chapter 1 of title 23, United States Code; except that the Federal share of the cost of the project shall be 100 percent, and the funds shall remain available until expended and shall not be transferable.

    (g) Treatment of Projects- Notwithstanding any other provision of law, projects assisted under this subsection shall be treated as projects on a Federal-aid system under chapter 1 of title 23, United States Code.

SEC. 1808. ADDITION TO CMAQ-ELIGIBLE PROJECTS.

    (a) Former 1-Hour Maintenance Areas- Section 149(b) of title 23, United States Code, is amended in the matter preceding paragraph (1)(A) by inserting `or is required to prepare, and file with the Administrator of the Environmental Protection Agency, maintenance plans under the Clean Air Act (42 U.S.C. 7401 et seq.)' after `1997,'.

    (b) Eligible Projects- Section 149(b) of such title is amended--

      (1) by striking paragraph (1) and inserting the following:

      `(1)(A)(i) if the Secretary, after consultation with the Administrator determines, on the basis of information published by the Environmental Protection Agency pursuant to section 108(f)(1)(A) of the Clean Air Act (other than clause (xvi)) that the project or program is likely to contribute to--

          `(I) the attainment of a national ambient air quality standard; or

          `(II) the maintenance of a national ambient air quality standard in a maintenance area; and

      `(ii) a high level of effectiveness in reducing air pollution, in cases of projects or programs where sufficient information is available in the database established pursuant to subsection (h) to determine the relative effectiveness of such projects or programs; or,

      `(B) in any case in which such information is not available, if the Secretary, after such consultation, determines that the project or program is part of a program, method, or strategy described in such section 108(f)(1)(A);'.

      (2) in paragraph (4)--

        (A) by inserting `, including advanced truck stop electrification systems,' after `facility or program'; and

        (B) by striking `or' at the end;

      (3) in paragraph (5)--

        (A) by inserting `improve transportation systems management and operations that mitigate congestion and improve air quality,' after `intersections,'; and

        (B) by striking the period at the end and inserting a semicolon; and

      (4) by adding at the end the following:

      `(6) if the project or program involves the purchase of integrated, interoperable emergency communications equipment; or

      `(7) if the project or program is for--

        `(A) the purchase of diesel retrofits that are--

          `(i) for motor vehicles (as defined in section 216 of the Clean Air Act (42 U.S.C. 7550)); or

          `(ii) published in the list under subsection (f)(2) for non-road vehicles and non-road engines (as defined in section 216 of the Clean Air Act (42 U.S.C. 7550)) that are used in construction projects that are--

            `(I) located in nonattainment or maintenance areas for ozone, PM10, or PM2.5 (as defined under the Clean Air Act (42 U.S.C. 7401 et seq.)); and

            `(II) funded, in whole or in part, under this title; or

        `(B) the conduct of outreach activities that are designed to provide information and technical assistance to the owners and operators of diesel equipment and vehicles regarding the purchase and installation of diesel retrofits.'.

    (c) States Receiving Minimum Apportionment- Section 149(c) of such title is amended--

      (1) in paragraph (1) by striking `for any project eligible under the surface transportation program under section 133.' and inserting the following: `for any project in the State that--

        `(A) would otherwise be eligible under this section as if the project were carried out in a nonattainment or maintenance area; or

        `(B) is eligible under the surface transportation program under section 133.'; and

      (2) in paragraph (2) by striking `for any project in the State eligible under section 133.' and inserting the following: `for any project in the State that--

        `(A) would otherwise be eligible under this section as if the project were carried out in a nonattainment or maintenance area; or

        `(B) is eligible under the surface transportation program under section 133.'.

    (d) Cost-Effective Emission Reduction Guidance- Section 149 of such title is amended by adding at the end the following:

    `(f) Cost-Effective Emission Reduction Guidance-

      `(1) DEFINITIONS- In this subsection, the following definitions apply:

        `(A) ADMINISTRATOR- The term `Administrator' means the Administrator of the Environmental Protection Agency.

        `(B) DIESEL RETROFIT- The term `diesel retrofit' means a replacement, repowering, rebuilding, after treatment, or other technology, as determined by the Administrator.

      `(2) EMISSION REDUCTION GUIDANCE- The Administrator, in consultation with the Secretary, shall publish a list of diesel retrofit technologies and supporting technical information for--

        `(A) diesel emission reduction technologies certified or verified by the Administrator, the California Air Resources Board, or any other entity recognized by the Administrator for the same purpose;

        `(B) diesel emission reduction technologies identified by the Administrator as having an application and approvable test plan for verification by the Administrator or the California Air Resources Board that is submitted not later that 18 months of the date of enactment of this subsection;

        `(C) available information regarding the emission reduction effectiveness and cost effectiveness of technologies identified in this paragraph, taking into consideration air quality and health effects.

      `(3) PRIORITY-

        `(A) IN GENERAL- States and metropolitan planning organizations shall give priority in distributing funds received for congestion mitigation and air quality projects and programs from apportionments derived from application of sections 104(b)(2)(B) and 104(b)(2)(C) to--

          `(i) diesel retrofits, particularly where necessary to facilitate contract compliance, and other cost-effective emission reduction activities, taking into consideration air quality and health effects; and

          `(ii) cost-effective congestion mitigation activities that provide air quality benefits.

        `(B) SAVINGS- This paragraph is not intended to disturb the existing authorities and roles of governmental agencies in making final project selections.

      `(4) NO EFFECT ON AUTHORITY OR RESTRICTIONS- Nothing in this subsection modifies or otherwise affects any authority or restriction established under the Clean Air Act (42 U.S.C. 7401 et seq.) or any other law (other than provisions of this title relating to congestion mitigation and air quality).'.

    (e) Improved Interagency Consultation- Section 149 of such title (as amended by subsection (d)) is amended by adding at the end the following:

    `(g) Interagency Consultation- The Secretary shall encourage States and metropolitan planning organizations to consult with State and local air quality agencies in nonattainment and maintenance areas on the estimated emission reductions from proposed congestion mitigation and air quality improvement programs and projects.'.

    (f) Evaluation and Assessment of CMAQ Projects- Section 149 of such title (as amended by subsection (e)) is amended by adding at the end the following:

    `(h) Evaluation and Assessment of Projects-

      `(1) IN GENERAL- The Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall evaluate and assess a representative sample of projects funded under the congestion mitigation and air quality program to--

        `(A) determine the direct and indirect impact of the projects on air quality and congestion levels; and

        `(B) ensure the effective implementation of the program.

      `(2) DATABASE- Using appropriate assessments of projects funded under the congestion mitigation and air quality program and results from other research, the Secretary shall maintain and disseminate a cumulative database describing the impacts of the projects.

      `(3) CONSIDERATION- The Secretary, in consultation with the Administrator, shall consider the recommendations and findings of the report submitted to Congress under section 1110(e) of the Transportation Equity Act for the 21st Century (112 Stat. 144), including recommendations and findings that would improve the operation and evaluation of the congestion mitigation and air quality improvement program.'.

    (g) Flexibility in the State of Montana- The State of Montana may use funds apportioned under section 104(b)(2) of title 23, United States Code, for the operation of public transit activities that serve a nonattainment or maintenance area.

    (h) Availability of Funds for State of Michigan- The State of Michigan may use funds apportioned under section 104(b)(2) of such title for the operation and maintenance of intelligent transportation system strategies that serve a nonattainment or maintenance area.

    (i) Availability of Funds for the State of Maine- The State of Maine may use funds apportioned under section 104(b)(2) of such title to support, through September 30, 2009, the operation of passenger rail service between Boston, Massachusetts, and Portland, Maine.

    (j) Availability of Funds for Oregon- The State of Oregon may use funds apportioned on or before September 30, 2009, under section 104(b)(2) of such title to support the operation of additional passenger rail service between Eugene and Portland.

    (k) Availabilty of Funds for Certain Other States- The States of Missouri, Iowa, Minnesota, Wisconsin, Illinois, Indiana, and Ohio may use funds apportioned under section 104(b)(2) of such title to purchase alternative fuel (as defined in section 301 of the Energy Policy Act of 1992 (42 U.S.C. 13211)) or biodiesel.

Subtitle I--Miscellaneous

SEC. 1901. INCLUSION OF REQUIREMENTS FOR SIGNS IDENTIFYING FUNDING SOURCES IN TITLE 23.

    (a) In General- Chapter 3 of title 23, United States Code, is amended by inserting after section 320--

      (1) the following:

`Sec. 321. Signs identifying funding sources'; and

      (2) the text of section 154 of the Federal-Aid Highway Act of 1987 (23 U.S.C. 101 note).

    (b) Clerical Amendment- The analysis for such chapter is amended by inserting after the item relating to section 320 the following:

`321. Signs identifying funding sources.'.

    (c) Conforming Repeal- Section 154 of the Federal-Aid Highway Act of 1987 (23 U.S.C. 101 note; 101 Stat. 209) is repealed.

SEC. 1902. DONATIONS AND CREDITS.

    Section 323 of title 23, United States Code, is amended--

      (1) in the first sentence of subsection (c) by inserting `, or a local government from offering to donate funds, materials, or services performed by local government employees,' after `services'; and

      (2) by striking subsection (e).

SEC. 1903. INCLUSION OF BUY AMERICA REQUIREMENTS IN TITLE 23.

    (a) In General- Chapter 3 of title 23, United States Code, is amended by inserting after section 312--

      (1) the following:

`Sec. 313. Buy America'; and

      (2) the text of section 165 of the Highway Improvement Act of 1982 (23 U.S.C. 101 note; 96 Stat. 2136).

    (b) Clerical Amendment- The analysis for chapter 3 of such title is amended by inserting after the item relating to section 312 the following:

`313. Buy America.'.

    (c) Conforming Amendments- Section 313 of such title (as added by subsection (a)) is amended--

      (1) in subsection (a) by striking `by this Act' the first place it appears and all that follows through `of 1978' and inserting `to carry out the Surface Transportation Assistance Act of 1982 (96 Stat. 2097) or this title';

      (2) in subsection (b) by redesignating paragraph (4) as paragraph (3);

      (3) in subsection (d) by striking `this Act,' and all that follows through `Code, which' and inserting `the Surface Transportation Assistance Act of 1982 (96 Stat. 2097) or this title that';

      (4) by striking subsection (e); and

      (5) by redesignating subsections (f) and (g) as subsections (e) and (f), respectively.

    (d) Conforming Repeal- Section 165 of the Highway Improvement Act of 1982 (23 U.S.C. 101 note; 96 Stat. 2136) is repealed.

SEC. 1904. STEWARDSHIP AND OVERSIGHT.

    (a) In General- Section 106 of title 23, United States Code, is amended--

      (1) by striking subsection (e) and inserting the following:

    `(e) Value Engineering Analysis-

      `(1) DEFINITION OF VALUE ENGINEERING ANALYSIS-

        `(A) IN GENERAL- In this subsection, the term `value engineering analysis' means a systematic process of review and analysis of a project, during the concept and design phases, by a multidisciplined team of persons not involved in the project, that is conducted to provide recommendations such as those described in subparagraph (B) for--

          `(i) providing the needed functions safely, reliably, and at the lowest overall cost;

          `(ii) improving the value and quality of the project; and

          `(iii) reducing the time to complete the project.

        `(B) INCLUSIONS- The recommendations referred to in subparagraph (A) include, with respect to a project--

          `(i) combining or eliminating otherwise inefficient use of costly parts of the original proposed design for the project; and

          `(ii) completely redesigning the project using different technologies, materials, or methods so as to accomplish the original purpose of the project.

      `(2) ANALYSIS- The State shall provide a value engineering analysis or other cost-reduction analysis for--

        `(A) each project on the Federal-aid system with an estimated total cost of $25,000,000 or more;

        `(B) a bridge project with an estimated total cost of $20,000,000 or more; and

        `(C) any other project the Secretary determines to be appropriate.

      `(3) MAJOR PROJECTS- The Secretary may require more than 1 analysis described in paragraph (2) for a major project described in subsection (h).

      `(4) REQUIREMENTS- Analyses described in paragraph (1) for a bridge project shall--

        `(A) include bridge substructure requirements based on construction material; and

        `(B) be evaluated--

          `(i) on engineering and economic bases, taking into consideration acceptable designs for bridges; and

          `(ii) using an analysis of life-cycle costs and duration of project construction.'; and

      (2) by striking subsections (g) and (h) and inserting the following:

    `(g) Oversight Program-

      `(1) ESTABLISHMENT-

        `(A) IN GENERAL- The Secretary shall establish an oversight program to monitor the effective and efficient use of funds authorized to carry out this title.

        `(B) MINIMUM REQUIREMENT- At a minimum, the program shall be responsive to all areas relating to financial integrity and project delivery.

      `(2) FINANCIAL INTEGRITY-

        `(A) FINANCIAL MANAGEMENT SYSTEMS- The Secretary shall perform annual reviews that address elements of the State transportation departments' financial management systems that affect projects approved under subsection (a).

        `(B) PROJECT COSTS- The Secretary shall develop minimum standards for estimating project costs and shall periodically evaluate the practices of States for estimating project costs, awarding contracts, and reducing project costs.

      `(3) PROJECT DELIVERY- The Secretary shall perform annual reviews that address elements of the project delivery system of a State, which elements include 1 or more activities that are involved in the life cycle of a project from conception to completion of the project.

      `(4) RESPONSIBILITY OF THE STATES-

        `(A) IN GENERAL- The States shall be responsible for determining that subrecipients of Federal funds under this title have--

          `(i) adequate project delivery systems for projects approved under this section; and

          `(ii) sufficient accounting controls to properly manage such Federal funds.

        `(B) PERIODIC REVIEW- The Secretary shall periodically review the monitoring of subrecipients by the States.

      `(5) SPECIFIC OVERSIGHT RESPONSIBILITIES-

        `(A) EFFECT OF SECTION- Nothing in this section shall affect or discharge any oversight responsibility of the Secretary specifically provided for under this title or other Federal law.

        `(B) APPALACHIAN DEVELOPMENT HIGHWAYS- The Secretary shall retain full oversight responsibilities for the design and construction of all Appalachian development highways under section 14501 of title 40.

    `(h) Major Projects-

      `(1) IN GENERAL- Notwithstanding any other provision of this section, a recipient of Federal financial assistance for a project under this title with an estimated total cost of $500,000,000 or more, and recipients for such other projects as may be identified by the Secretary, shall submit to the Secretary for each project--

        `(A) a project management plan; and

        `(B) an annual financial plan.

      `(2) PROJECT MANAGEMENT PLAN- A project management plan shall document--

        `(A) the procedures and processes that are in effect to provide timely information to the project decisionmakers to effectively manage the scope, costs, schedules, and quality of, and the Federal requirements applicable to, the project; and

        `(B) the role of the agency leadership and management team in the delivery of the project.

      `(3) FINANCIAL PLAN- A financial plan shall--

        `(A) be based on detailed estimates of the cost to complete the project; and

        `(B) provide for the annual submission of updates to the Secretary that are based on reasonable assumptions, as determined by the Secretary, of future increases in the cost to complete the project.

    `(i) Other Projects- A recipient of Federal financial assistance for a project under this title with an estimated total cost of $100,000,000 or more that is not covered by subsection (h) shall prepare an annual financial plan. Annual financial plans prepared under this subsection shall be made available to the Secretary for review upon the request of the Secretary.'.

    (b) Conforming Amendments- Section 114(a) of title 23, United States Code, is amended--

      (1) in the first sentence by striking `highways or portions of highways located on a Federal-aid system' and inserting `Federal-aid highway or a portion of a Federal-aid highway'; and

      (2) by striking the second sentence and inserting `The Secretary shall have the right to conduct such inspections and take such corrective action as the Secretary determines to be appropriate.'.

SEC. 1905. TRANSPORTATION DEVELOPMENT CREDITS.

    Section 120(j)(1) of title 23, United States Code, is amended--

      (1) by striking `A State' and inserting the following:

        `(A) IN GENERAL- A State'; and

      (2) by striking the last sentence and inserting the following:

        `(B) SPECIAL RULE FOR USE OF FEDERAL FUNDS- If the public, quasi-public, or private agency has built, improved, or maintained the facility using Federal funds, the credit under this paragraph shall be reduced by a percentage equal to the percentage of the total cost of building, improving, or maintaining the facility that was derived from Federal funds.

        `(C) FEDERAL FUNDS DEFINED- In this paragraph, the term `Federal funds' does not include loans of Federal funds or other financial assistance that must be repaid to the Government.'.

SEC. 1906. GRANT PROGRAM TO PROHIBIT RACIAL PROFILING.

    (a) Grants- Subject to the requirements of this section, the Secretary shall make grants to a State that--

      (1)(A) has enacted and is enforcing a law that prohibits the use of racial profiling in the enforcement of State laws regulating the use of Federal-aid highways; and

      (B) is maintaining and allows public inspection of statistical information for each motor vehicle stop made by a law enforcement officer on a Federal-aid highway in the State regarding the race and ethnicity of the driver and any passengers; or

      (2) provides assurances satisfactory to the Secretary that the State is undertaking activities to comply with the requirements of paragraph (1).

    (b) Eligible Activities- A grant received by a State under subsection (a) shall be used by the State--

      (1) in the case of a State eligible under subsection (a)(1), for costs of--

        (A) collecting and maintaining of data on traffic stops;

        (B) evaluating the results of the data; and

        (C) developing and implementing programs to reduce the occurrence of racial profiling, including programs to train law enforcement officers; and

      (2) in the case of a State eligible under subsection (a)(2), for costs of--

        (A) activities to comply with the requirements of subsection (a)(1); and

        (B) any eligible activity under paragraph (1).

    (c) Racial Profiling-

      (1) IN GENERAL- To meet the requirement of subsection (a)(1), a State law shall prohibit, in the enforcement of State laws regulating the use of Federal-aid highways, a State or local law enforcement officer from using the race or ethnicity of the driver or passengers to any degree in making routine or spontaneous law enforcement decisions, such as ordinary traffic stops on Federal-aid highways.

      (2) LIMITATION- Nothing in this subsection shall alter the manner in which a State or local law enforcement officer considers race or ethnicity whenever there is trustworthy information, relevant to the locality or time frame, that links persons of a particular race or ethnicity to an identified criminal incident, scheme, or organization.

    (d) Limitations-

      (1) MAXIMUM AMOUNT OF GRANTS- The total amount of grants made to a State under this section in a fiscal year may not exceed 5 percent of the amount made available to carry out this section in the fiscal year.

      (2) ELIGIBILITY- A State may not receive a grant under subsection (a)(2) in more than 2 fiscal years.

    (e) Authorization of Appropriations-

      (1) IN GENERAL- There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $7,500,000 for each of fiscal years 2005 through 2009.

      (2) CONTRACT AUTHORITY- Funds authorized by this subsection shall be available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code, except the Federal share of the cost of activities carried out using such funds shall be 80 percent, and such funds shall remain available until expended and shall not be transferable.

SEC. 1907. PAVEMENT MARKING SYSTEMS DEMONSTRATION PROJECTS.

    (a) In General- The Secretary shall conduct a demonstration project in the State of Alaska, and a demonstration project in the State of Tennessee, to study the safety impacts, environmental impacts, and cost effectiveness of different pavement marking systems and the effect of State bidding and procurement processes on the quality of pavement marking material employed in highway projects. The demonstration projects shall each include an evaluation of the impacts and effectiveness of increasing the width of pavement marking edge lines from 4 inches to 6 inches and an evaluation of advanced acrylic water-borne pavement markings.

    (b) Report- Not later than June 30, 2009, the Secretary shall submit to Congress a report on the results of the demonstration projects, together with findings and recommendations on methods that will optimize the cost-benefit ratio of the use of Federal funds on pavement marking.

    (c) Funding-

      (1) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to carry out this section, out of the Highway Trust Fund (other than the Mass Transit Account), $1,000,000 for each of fiscal years 2006 through 2009.

      (2) CONTRACT AUTHORITY- Funds authorized to be appropriated by this section shall be available for obligation in the same manner and to the same extent as if such funds were apportioned under chapter 1 of title 23, United States Code; expect that the Federal share of the cost of the demonstration projects shall be 100 percent, and such funds shall remain available until expended and shall not be transferable.

SEC. 1908. INCLUSION OF CERTAIN ROUTE SEGMENTS ON INTERSTATE SYSTEM AND NHS.

    (a) Interstate System-

      (1) CREEK TURNPIKE, OKLAHOMA- The Secretary shall designate as part of the Interstate System (as defined in section 101 of title 23, United States Code) in accordance with section 103(c)(4) of such title the portion of the Creek Turnpike connecting Interstate Route 44 east and west of Tulsa, Oklahoma.

      (2) CERTAIN SECTION OF INTERSTATE ROUTE 181- The Secretary shall designate as part of Interstate Route 26 the 11-mile section of Interstate Route 181 lying northwest of the intersection with Interstate Route 81, Tennessee.

      (3) TREATMENT- The designations under paragraph (2) shall be treated, for purposes of title 23, United States Code, as being made under section 103(c)(4) of such title.

    (b) National Highway System- The Secretary shall designate as a component of the National Highway System in accordance with section 103(b)(4) of title 23, United States Code, the portion of United States Route 271 from the Arkansas State line, west to the intersection with United States Route 59, and northwest to the intersection with Interstate Route 40, Sallisaw, Oklahoma.

SEC. 1909. FUTURE OF SURFACE TRANSPORTATION SYSTEM.

    (a) Declaration of Policy- Section 101(b) of title 23, United States Code, is amended--

      (1) by striking `(b) It is hereby declared' and all that follows through the first undesignated paragraph and inserting the following:

    `(b) Declaration of Policy-

      `(1) ACCELERATION OF CONSTRUCTION OF FEDERAL-AID HIGHWAY SYSTEMS- Congress declares that it is in the national interest to accelerate the construction of Federal-aid highway systems, including the Dwight D. Eisenhower National System of Interstate and Defense, because many of the highways (or portions of the highways) are inadequate to meet the needs of local and interstate commerce for the national and civil defense.';

      (2) in the second undesignated paragraph by striking `It is hereby declared' and all that follows through `objectives of this Act' and inserting the following:

      `(2) COMPLETION OF INTERSTATE SYSTEM- Congress declares that the prompt and early completion of the Dwight D. Eisenhower National System of Interstate and Defense Highways (referred to in this section as the `Interstate System'), so named because of its primary importance to the national defense, is essential to the national interest'; and

      (3) by striking the third undesignated paragraph and inserting the following:

      `(3) TRANSPORTATION NEEDS OF 21ST CENTURY- Congress declares that--

        `(A) 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;

        `(B) the current urban and long distance personal travel and freight movement demands have surpassed the original forecasts and travel demand patterns are expected to continue to change;

        `(C) continued planning for and investment in surface transportation is critical to ensure the surface transportation system adequately meets the changing travel demands of the future;

        `(D) among the foremost needs that the surface transportation system must meet to provide for a strong and vigorous national economy are safe, efficient, and reliable--

          `(i) national and interregional personal mobility (including personal mobility in rural and urban areas) and reduced congestion;

          `(ii) flow of interstate and international commerce and freight transportation; and

          `(iii) travel movements essential for national security;

        `(E) special emphasis should be devoted to providing safe and efficient access for the type and size of commercial and military vehicles that access designated National Highway System intermodal freight terminals;

        `(F) the connection between land use and infrastructure is significant;

        `(G) transportation should play a significant role in promoting economic growth, improving the environment, and sustaining the quality of life; and

        `(H) the Secretary should take appropriate actions to preserve and enhance the Interstate System to meet the needs of the 21st Century.'.

    (b) National Surface Transportation Policy and Revenue Study Commission-

      (1) ESTABLISHMENT- There is established a commission to be known as the `National Surface Transportation Policy and Revenue Study Commission' (in this subsection referred to as the `Commission').

      (2) MEMBERSHIP-

        (A) COMPOSITION- The Commission shall be composed of 12 members, of whom--

          (i) 1 member shall be the Secretary, who shall serve as Chairperson;

          (ii) 3 members shall be appointed by the President;

          (iii) 2 members shall be appointed by the Speaker of the House of Representatives;

          (iv) 2 members shall be appointed by the minority leader of the House of Representatives;

          (v) 2 members shall be appointed by the majority leader of the Senate; and

          (vi) 2 members shall be appointed by the minority leader of the Senate.

        (B) QUALIFICATIONS- Members appointed under subparagraph (A)--

          (i) shall include--

            (I) individuals representing State and local governments, metropolitan planning organizations, transportation-related industries, and public interest organizations involved with scientific, regulatory, economic, and environmental activities relating to transportation;

            (II) individuals with a background in public finance, including experience in developing State and local revenue resources;

            (III) individuals involved in surface transportation program administration;

            (IV) individuals that have conducted academic research into related issues; and

            (V) individuals that provide unique perspectives on current and future requirements for revenue sources to support the Highway Trust Fund and policies impacting those revenues; and

          (ii) shall be balanced geographically to the extent consistent with maintaining the highest level of expertise on the Commission.

        (C) DATE OF APPOINTMENTS- The appointment of a member of the Commission shall be made not later than 120 days after the date of establishment of the Commission.

        (D) TERMS- A member shall be appointed for the life of the Commission.

        (E) VACANCIES- A vacancy on the Commission--

          (i) shall not affect the powers of the Commission; and

          (ii) shall be filled in the same manner as the original appointment was made.

        (F) INITIAL MEETING- Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold the initial meeting of the Commission.

        (G) MEETINGS- The Commission shall meet at the call of the Chairperson.

        (H) QUORUM- A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings.

        (I) VICE CHAIRPERSON- The Commission shall select a Vice Chairperson from among the appointed members of the Commission.

      (3) DUTIES-

        (A) IN GENERAL- The Commission shall--

          (i) conduct a comprehensive study of--

            (I) the current condition and future needs of the surface transportation system;

            (II) short-term sources of Highway Trust Fund revenues;

            (III) long-term alternatives to replace or supplement the fuel tax as the principal revenue source to support the Highway Trust Fund, including new or alternate sources of revenue;

            (IV) revenue sources to fund the needs of the surface transportation system over at least the 30-year period beginning on the date of enactment of this Act, including new or alternate sources of revenue;

            (V) revenues flowing into the Highway Trust Fund under laws in existence on the date of enactment of this Act, including individual components of the overall flow of the revenues; and

            (VI) whether the amount of revenues described in subclause (V) is likely to increase, decrease, or remain constant absent any change in law, taking into consideration the impact of possible changes in public vehicular choice, fuel use, and travel alternatives that could be expected to reduce or increase revenues into the Highway Trust Fund;

        (B) develop a conceptual plan, with alternative approaches, to ensure that the surface transportation system will continue to serve the needs of the United States, including specific recommendations regarding design and operational standards, Federal policies, and legislative changes;

        (C) consult with the Secretary of the Treasury in conducting the study to ensure that the views of the Secretary concerning essential attributes of Highway Trust Fund revenue alternatives are considered;

        (D) consult with representatives of State departments of transportation and metropolitan planning organizations and other key interested stakeholders in conducting the study to ensure that--

          (i) the views of the stakeholders on alternative revenue sources to support State transportation improvement programs are considered; and

          (ii) any recommended Federal financing strategy takes into account State financial requirements; and

        (E) based on the study, make specific recommendations regarding--

          (i) actions that should be taken to develop alternative revenue sources to sup port the Highway Trust Fund; and

          (ii) the time frame for taking those actions.

      (4) RELATED WORK- To the maximum extent practicable, the study shall build on related work that has been completed by--

        (A) the Secretary;

        (B) the Secretary of Energy;

        (C) the Transportation Research Board, including the findings, conclusions, and recommendations of the recent study conducted by the Transportation Research Board on alternatives to the fuel tax to support highway program financing; and

        (D) other entities and persons.

      (5) SURFACE TRANSPORTATION NEEDS- With respect to surface transportation needs, the investigation and study shall specifically address--

        (A) the current condition and performance of the Interstate System (including the physical condition of bridges and pavements and operational characteristics and performance), relying primarily on existing data sources;

        (B) the future of the Interstate System, based on a range of legislative and policy approaches for 15-, 30-, and 50-year time periods;

        (C) the expected demographics and business uses that impact the surface transportation system;

        (D) the expected use of the surface transportation system, including the effects of changing vehicle types, modes of transportation, fleet size and weights, and traffic volumes;

        (E) desirable design policies and standards for future improvements of the surface transportation system, including additional access points;

        (F) the identification of urban, rural, national, and interregional needs for the surface transportation system;

        (G) the potential for expansion, upgrades, or other changes to the surface transportation system, including--

          (i) deployment of advanced materials and intelligent technologies;

          (ii) critical multistate, urban, and rural corridors needing capacity, safety, and operational enhancements;

          (iii) improvements to intermodal linkages;

          (iv) security and military deployment enhancements;

          (v) strategies to enhance asset preservation; and

          (vi) implementation strategies;

        (H) the improvement of emergency preparedness and evacuation using the surface transportation system, including--

          (i) examination of the potential use of all modes of the surface transportation system in the safe and efficient evacuation of citizens during times of emergency;

          (ii) identification of the location of critical bottlenecks; and

          (iii) development of strategies to improve system redundancy, especially in areas with a high potential for terrorist attacks;

        (I) alternatives for addressing environmental concerns associated with the future development of the surface transportation system;

        (J) the assessment of the current and future capabilities for conducting system-wide real-time performance data collection and analysis, traffic monitoring, and transportation systems operations and management; and

        (K) policy and legislative alternatives for addressing future needs for the surface transportation system.

      (6) FINANCING- With respect to financing, the study shall address specifically--

        (A) the advantages and disadvantages of alternative revenue sources to meet anticipated Federal surface transportation financial requirements;

        (B) recommendations concerning the most promising revenue sources to support long-term Federal surface transportation financing requirements;

        (C) development of a broad transition strategy to move from the current tax base to new funding mechanisms, including the time frame for various components of the transition strategy;

        (D) recommendations for additional research that may be needed to implement recommended alternatives; and

        (E) the extent to which revenues should reflect the relative use of the highway system.

      (7) FINANCING RECOMMENDATIONS-

        (A) FACTORS FOR CONSIDERATION- In developing financing recommendations under this subsection, the Commission shall consider--

          (i) the ability to generate sufficient revenues from all modes to meet anticipated long-term surface transportation financing needs;

          (ii) the roles of the various levels of government and the private sector in meeting future surface transportation financing needs;

          (iii) administrative costs (including enforcement costs) to implement each option;

          (iv) the expected increase in nontaxed fuels and the impact of taxing those fuels;

          (v) the likely technological advances that could ease implementation of each option;

          (vi) the equity and economic efficiency of each option;

          (vii) the flexibility of different options to allow various pricing alternatives to be implemented; and

          (viii) potential compatibility issues with State and local tax mechanisms under each alternative.

        (B) NEED AND REVENUE ANALYSIS- In developing financing recommendations under this subsection, the Commission shall distinguish between--

          (i) the needs of, and revenues for, the surface transportation system that are eligible to receive funds from the Highway Trust Fund; and

          (ii) the needs for projects and programs that are not eligible to receive funds from the Highway Trust Fund.

      (8) TECHNICAL ADVISORY COMMITTEE- The Secretary shall establish a technical advisory committee, in a manner consistent with the Federal Advisory Committee Act (5 U.S.C. App.), to collect and evaluate technical input from--

        (A) appropriate Federal, State, and local officials with responsibility for transportation;

        (B) appropriate State and local elected officials;

        (C) transportation and trade associations;

        (D) emergency management officials;

        (E) freight providers;

        (F) the general public; and

        (G) other entities and persons determined to be appropriate by the Secretary to ensure a diverse range of views.

      (9) REPORT AND RECOMMENDATIONS- Not later than July 1, 2007, the Commission shall submit to Congress--

        (A) a final report that contains a detailed statement of the findings and conclusions of the Commission; and

        (B) the recommendations of the Commission for such legislation and administrative actions as the Commission considers to be appropriate.

      (10) POWERS OF THE COMMISSION-

        (A) HEARINGS- The Commission may hold such hearings, meet and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this section.

        (B) INFORMATION FROM FEDERAL AGENCIES-

          (i) IN GENERAL- The Commission may secure directly from a Federal agency such information as the Commission considers necessary to carry out this section.

          (ii) PROVISION OF INFORMATION- On request of the Chairperson of the Commission, the head of a Federal agency shall provide the requested information to the Commission.

        (C) POSTAL SERVICES- The Commission may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government.

        (D) DONATIONS- The Commission may accept, use, and dispose of donations of services or property.

      (11) COMMISSION PERSONNEL MATTERS-

        (A) MEMBERS- A member of the Commission shall serve without pay but shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Commission.

        (B) CONTRACTORS- The Commission may enter into agreements with appropriate organizations, agencies, and entities to conduct the study required under this section, under the strategic guidance of the Commission.

        (C) ADMINISTRATIVE SUPPORT- On the request of the Commission, the Administrator of the Federal Highway Administration shall provide to the Commission, on a reimbursable basis, the administrative support and services necessary for the Commission to carry out the duties of the Commission under this section.

        (D) DETAIL OF PERSONNEL-

          (i) IN GENERAL- On the request of the Commission, the Secretary may detail, on a reimbursable basis, any of the personnel of the Department to the Commission to assist the Commission in carrying out the duties of the Commission under this section.

          (ii) CIVIL SERVICE STATUS- The detail of the employee shall be without interruption or loss of civil service status or privilege.

      (12) COOPERATION- The staff of the Secretary shall cooperate with the Commission in the study required under this section, including providing such nonconfidential data and information as are necessary to conduct the study.

      (13) RELATIONSHIP TO OTHER LAW-

        (A) IN GENERAL- Except as provided in subparagraphs (B) and (C), funds made available to carry out this section shall be available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code.

        (B) FEDERAL SHARE- The Federal share of the cost of the study and the Commission under this section shall be 100 percent.

        (C) AVAILABILITY- Funds made available to carry out this section shall remain available until expended.

      (14) DEFINITION OF SURFACE TRANSPORTATION SYSTEM- In this subsection, the term `surface transportation system' includes--

        (A) the National Highway System, as defined in section 103(b) of title 23, United States Code;

        (B) congressional high priority corridors;

        (C) intermodal connectors;

        (D) intermodal freight facilities;

        (E) public transportation infrastructure and facilities; and

        (F) freight and intercity passenger bus and rail infrastructure and facilities.

      (15) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $1,400,000 for each of fiscal years 2006 and 2007.

      (16) APPLICABILITY OF TITLE 23- Funds made available to carry out this section shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code; except that such funds shall remain available until expended, and the Federal share of the cost of a project under this section shall be as provided in this section.

      (17) TERMINATION-

        (A) IN GENERAL- The Commission shall terminate on the date that is 180 days after the date on which the Commission submits the report of the Commission under paragraph (9).

        (B) RECORDS- Not later than the date of termination of the Commission under subparagraph (A), all records and papers of the Commission shall be delivered to the Archivist of the United States for deposit in the National Archives.

SEC. 1910. MOTORIST INFORMATION CONCERNING FULL SERVICE RESTAURANTS.

    Not later than 180 days after the date of enactment of this Act, the Secretary may initiate a rulemaking to determine whether--

      (1) full service restaurants should be given priority on not more than 2 panels of the camping or attractions logo-specific service signs in the Manual on Uniform Traffic Control Devices of the Department of Transportation when the food logo-specific service sign is fully used; and

      (2) full service restaurants should be given priority on not more than 2 panels of the food logo-specific service signs in such Manual when the camping or attractions logo-specific service signs are fully used.

SEC. 1911. APPROVAL AND FUNDING FOR CERTAIN CONSTRUCTION PROJECTS.

    (a) Project Approval- If the Secretary finds that the project number STP-189-1(15)CT 3 in Gwinnett County, Georgia, was not listed in the current regional transportation plan because of a clerical error, such failure to be listed shall not be a basis for not approving the project. The Secretary shall make a final decision on the approval of the project within 30 days after the date of receipt by the Secretary of a construction authorization request from the department of transportation for the State of Georgia.

    (b) Conformity Determination-

      (1) IN GENERAL- Approval, funding, and implementation of the project referred to in subsection (a) shall not be subject to the requirements of part 93 of title 40, Code of Federal Regulations (or successor regulations).

      (2) REGIONAL EMISSIONS- Notwithstanding paragraph (1), all subsequent regional emission analyses required by section 93.118 or 93.119 of title 40, Code of Federal Regulations (or successor regulations), shall include the project.

SEC. 1912. LEAD AGENCY DESIGNATION.

    The public entity established under California law in 1989 to acquire rights-of-way in northwestern California to maintain surface transportation infrastructure is designated as the lead agency for the purpose of accepting Federal funds authorized under item 13 of the table contained in section 1108(b) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2061).

SEC. 1913. BRIDGE CONSTRUCTION, NORTH DAKOTA.

    Notwithstanding any other provision of law, and regardless of the source of Federal funds, the Federal share of the eligible costs of construction of a bridge between Bismarck, North Dakota, and Mandan, North Dakota, shall be 90 percent.

SEC. 1914. MOTORCYCLIST ADVISORY COUNCIL.

    (a) In General- The Secretary, acting through the Administrator of the Federal Highway Administration, in consultation with the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate, shall 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.

    (b) Composition- The Council shall consist of not more than 10 members of the motorcycling community with professional expertise in national motorcyclist safety advocacy, including--

      (1) at least--

        (A) 1 member recommended by a national motorcyclist association;

        (B) 1 member recommended by a national motorcycle riders foundation;

        (C) 1 representative of the National Association of State Motorcycle Safety Administrators;

        (D) 2 members of State motorcyclists' organizations;

        (E) 1 member recommended by a national organization that represents the builders of highway infrastructure;

        (F) 1 member recommended by a national association that represents the traffic safety systems industry; and

        (G) 1 member of a national safety organization; and

      (2) at least 1, and not more than 2, motorcyclists who are traffic system design engineers or State transportation department officials.

SEC. 1915. LOAN FORGIVENESS.

    Debt outstanding as of the date of enactment of this Act for project number Q-DPM-0013(001) carried out under section 108(c) of title 23, United States Code, is deemed satisfied.

SEC. 1916. TREATMENT OF OFF RAMP.

    Notwithstanding any other provision of law, the New Harbor Boulevard North off-ramp project along the Interstate Route 405 Collector-Distributor Road in Costa Mesa, California (Susan Street Slip-Ramp), shall be treated for purposes of title 23, United States Code, as satisfying all Federal requirements, and the California State department of transportation shall authorize any final environmental, engineering, or design analyses necessary to approve, as expeditiously as possible, construction of the project consistent with applicable California State operational and safety standards.

SEC. 1917. OPENING OF INTERSTATE RAMPS.

    (a) In General- The Maryland State highway administration and the Federal Highway Administration shall work cooperatively--

      (1) to expedite the project being developed as of the date of enactment of this Act 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) to 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, 7 days per week.

    (b) Report- Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a report on the status of opening the Interstate Route 495/Arena Drive interchange to full-time use.

SEC. 1918. CREDIT TO STATE OF LOUISIANA FOR STATE MATCHING FUNDS.

    (a) In General- The Secretary may provide a credit to the State of Louisiana in an amount equal to non Federal Share of the cost of any planning, engineering, design, or construction work carried out by the State on any project that the Secretary determines is integral to the project authorized by item number 202 in the table contained in section 1602 of the Transportation Equity Act for the 21st Century (112 Stat. 264).

    (b) Eligibility of Credit- The credit may be used for any future payment relating to the completion of the project referred to in subsection (a) that is required by the State under title 23, United States Code.

SEC. 1919. ROAD USER FEES.

    (a) Study- The Secretary shall 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--

      (1) which is linked to satellites to calculate highway mileage traversed;

      (2) which computes the appropriate highway use fees for each of the Federal, State, and local governments as the vehicle makes use of the highways; and

      (3) the data from which is periodically downloaded by the vehicle owner to a collection center for an assessment of highway use fees due in each jurisdiction traversed; and

      (4) which includes methods of ensuring privacy of road users.

    (b) Components of Field Test- The components of the field test shall include 2 years for preparation, including selection of vendors and test participants, and a 3-year testing period.

    (c) Reports- The Secretary shall submit annual reports on the status of the analysis and, not later than July 1, 2009, a final report on the results of the analysis, together with findings and recommendations. The reports shall be submitted to the Secretary of the Treasury, the Committee on Transportation and Infrastructure and the Committee on Ways and Means of the House of Representatives, and the Committee on Environment and Public Works and the Committee on Finance of the Senate.

    (d) Authorization of Appropriation-

      (1) IN GENERAL- There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $2,000,000 fiscal year 2006 and $3,500,000 for each of fiscal years 2007, 2008, and 2009.

      (2) CONTRACT AUTHORITY- Funds authorized under this subsection shall be available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code; except the Federal share of the cost of the analysis and report shall be 100 percent, and such funds shall remain available until expended and shall not be transferable.

SEC. 1920. TRANSPORTATION AND LOCAL WORKFORCE INVESTMENT.

    (a) Findings- Congress finds the following:

      (1) Federal-aid highway programs provide State and local governments and other recipients substantial funds for projects that produce significant employment and job-training opportunities.

      (2) Every $1,000,000,000 in Federal infrastructure investment creates an estimated 47,500 jobs.

      (3) Jobs in transportation construction, including apprenticeship positions, typically pay more than twice the minimum wage, and include health and other benefits.

      (4) Transportation projects provide the impetus for job training and employment opportunities for low income individuals residing in the area in which a transportation project is planned.

      (5) Transportation projects can offer young people, particularly those who are economically disadvantaged, the opportunity to gain productive employment.

      (6) The Alameda Corridor, a $2,400,000,000 transportation project, is an example of a transportation project that included a local hiring provision resulting in a full 30 percent of the project jobs being filled by locally hired and trained men and women.

    (b) Sense of Congress- It is the sense of Congress that Federal transportation projects should facilitate and encourage the collaboration between interested persons, including Federal, State, and local governments, community colleges, apprentice programs, local high schools, and other community-based organizations that have an interest in improving the job skills of low-income individuals, to help leverage scarce training and community resources and to help ensure local participation in the building of transportation projects.

SEC. 1921. UPDATE OF OBSOLETE TEXT.

    Section 137(a) of title 23, United States Code, is amended in the first sentence by striking `on the Federal-aid urban system' and inserting `on a Federal-aid highway'.

SEC. 1922. TECHNICAL AMENDMENTS TO NONDISCRIMINATION SECTION.

    (a) State Assurances- Section 140(a) of title 23, United States Code, is amended--

      (1) in the first sentence by striking `subsection (a) of section 105 of this title' and inserting `section 135';

      (2) in the second sentence by striking `He' and inserting `The Secretary';

      (3) in the third sentence--

        (A) by striking `shall, where he considers it necessary to assure' and inserting `if necessary to ensure'; and

        (B) by inserting `shall' after `opportunity,'; and

      (4) in the last sentence--

        (A) by striking `him' and inserting `the Secretary' and

        (B) by striking `he' and inserting `the Secretary of Transportation'.

    (b) Highway Construction and Technology Training- Section 140(b) of such title is amended--

      (1) in the first sentence by striking `highway construction' and inserting `surface transportation'; and

      (2) in the second sentence--

        (A) by striking `he may deem'; and

        (B) by striking `not to exceed $2,500,000 for the transition quarter ending September 30, 1976, and'.

    (c) Minority Business Training Programs- Section 140(c) of such title is amended in the second sentence--

      (1) by striking `subsection 104(b)(3) of this title' and inserting `section 104(b)(3)'; and

      (2) by striking `he may deem'.

    (d) Technical Amendment- Section 140(d) of such title is amended in the subsection heading by striking `and Contracting'.

SEC. 1923. TRANSPORTATION ASSETS AND NEEDS OF DELTA REGION.

    (a) Agreement- Not later than 180 days after the date of enactment of this Act, the Secretary shall enter into an agreement with the Delta Regional Authority (in this section referred to as the `DRA') to conduct a comprehensive study of transportation assets and needs for all modes of transportation (including passenger and freight transportation) in the 8 States comprising the Delta region (Alabama, Arkansas, Illinois, Kentucky, Louisiana, Mississippi, Missouri, and Tennessee).

    (b) Consultation- Under the agreement, the DRA, in conducting the study, shall consult with the Department, State transportation departments, local planning and development districts, local and regional governments, and metropolitan planning organizations.

    (c) Report- Under the agreement, the DRA, not later than 2 years after the date of entry into the agreement, shall submit to the Secretary and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a final report on the results of the study, together with such recommendations as the DRA considers to be appropriate.

    (d) Plan- Under the agreement, the DRA, upon completion of the report, shall establish a regional strategic plan to implement the recommendations of the report.

    (e) Funding-

      (1) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account), to carry out this section $500,000 for each of the fiscal years 2005 and 2006.

      (2) CONTRACT AUTHORITY- Funds authorized by this section shall be available for obligation in the same manner and to the same extent as if such funds were apportioned under chapter 1 of title 23, United States Code; except that such funds shall remain available until expended and shall not be transferable.

SEC. 1924. ALASKA WAY VIADUCT STUDY.

    (a) Findings- Congress finds that--

      (1) in 2001, the Alaska Way Viaduct, a critical segment of the National Highway System in Seattle, Washington, was seriously damaged by the Nisqually earthquake;

      (2) an effort to address the possible repair, retrofit, or replacement of the Viaduct that conforms with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) is underway; and

      (3) as a result of the efforts referred to in paragraph (2), a locally preferred alternative for the Viaduct is being developed.

    (b) Study-

      (1) IN GENERAL- As soon as practicable after the date of enactment of this Act, the Secretary, in cooperation with the Washington State department of transportation and the city of Seattle, Washington, shall conduct a comprehensive study to determine the specific damage to the Alaska Way Viaduct from the Nisqually earthquake of 2001 that contribute to the ongoing degradation of the Viaduct.

      (2) REQUIREMENTS- The study under paragraph (1) shall--

        (A) identify any repair, retrofit, and replacement costs for the Viaduct that are eligible for additional assistance from the emergency fund authorized under section 125 of title 23, United States Code, consistent with the emergency relief manual governing eligible expenses from the emergency fund; and

        (B) determine the amount of assistance from the emergency fund for which the Viaduct is eligible.

    (c) Report- Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to Congress a report that describes the findings of the study.

SEC. 1925. COMMUNITY ENHANCEMENT STUDY.

    (a) In General- The Secretary shall conduct a study on--

      (1) the role of well-designed transportation projects in--

        (A) promoting economic development;

        (B) protecting public health, safety and the environment; and

        (C) enhancing the architectural design and planning of communities; and

      (2) the positive economic, cultural, aesthetic, scenic, architectural, and environmental benefits of such projects for communities.

    (b) Contents- The study shall address the following:

      (1) The degree to which well-designed transportation projects have positive economic, cultural, aesthetic, scenic, architectural, and environmental benefits for communities.

      (2) The degree to which such projects protect and contribute to improvements in public health and safety.

      (3) The degree to which such projects use inclusive public participation processes to achieve quicker, more certain, and better results.

      (4) The degree to which positive results are achieved by linking transportation, design, and the implementation of community visions for the future.

      (5) Facilitating the use of successful models or best practices in transportation investment or development to accomplish each of the following:

        (A) Enhancement of community identity.

        (B) Protection of public health and safety.

        (C) Provision of a variety of choices in housing, shopping, transportation, employment, and recreation.

        (D) Preservation and enhancement of existing infrastructure.

        (E) Creation of a greater sense of community through public involvement.

    (c) Report- Not later than September 20, 2007, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the results of the study.

    (d) Administration- To carry out this section, the Secretary shall make a grant to, or enter into a cooperative agreement or contract with, a national organization representing architects who have expertise in the design of a wide range of transportation and infrastructure projects, which include the design of buildings, public facilities, and surrounding communities.

    (e) Authorization- Of the amounts made available to carry out the transportation, community, and system preservation program by section 1117 of this Act $1,000,000 shall be available for each of fiscal years 2006 and 2007 to carry out this section; except that, notwithstanding section 1117(g) of this Act, the Federal share of the cost of the study shall be 100 percent.

SEC. 1926. BUDGET JUSTIFICATION.

    The Department of Transportation and each agency in the Department shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a budget justification concurrently with the President's annual budget submission to Congress under section 1105(a) of title 31, United States Code.

SEC. 1927. 14TH AMENDMENT HIGHWAY AND 3RD INFANTRY DIVISION HIGHWAY.

    Not later than December 31, 2005, any funds made available to commission studies and reports regarding construction of a route linking Augusta, Georgia, Macon, Georgia, Columbus, Georgia, Montgomery, Alabama, and Natchez, Mississippi and a route linking through Savannah, Georgia, Augusta, Georgia, and Knoxville, Tennessee, shall be provided to the Secretary to--

      (1) carry out a study and submit to the appropriate committees of Congress a report that describes the steps and estimated funding necessary to construct a route for the 14th Amendment Highway, from Augusta, Georgia, to Natchez, Mississippi (formerly designated the Fall Line Freeway in the State of Georgia); and

      (2) carry out a study and submit to the appropriate committees of Congress a report that describes the steps and estimated funding necessary to designate and construct a route for the 3rd Infantry Division Highway, extending from Savannah, Georgia, to Knoxville, Tennessee, by way of Augusta, Georgia (formerly the Savannah River Parkway in the State of Georgia).

SEC. 1928. SENSE OF CONGRESS REGARDING BUY AMERICA.

    It is the sense of Congress that--

      (1) the Buy America test required by section 165 of the Surface Transportation Assistance Act of 1982 (23 U.S.C. 101 note) needs to be applied to an entire bridge project and not only to component parts of such project;

      (2) the law clearly states that domestic materials must be used in Federal highway projects unless there is a finding that the inclusion of domestic materials will increase the cost of the overall project by more than 25 percent;

      (3) uncertainty regarding how to apply Buy America laws for major bridge projects threatens the domestic bridge industry;

      (4) because 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 American Act (41 U.S.C. 10a et seq.) was designed to ensure that, when taxpayer money is spent on direct Federal Government procurement and infrastructure projects, these expenditures stimulate United States production and job creation.

SEC. 1929. DESIGNATION OF DANIEL PATRICK MOYNIHAN INTERSTATE HIGHWAY.

    (a) Designation- The portion of Interstate Route 86 in the State of New York, extending from the Pennsylvania border near Lake Erie through Orange County, New York, shall be known and designated as the `Daniel Patrick Moynihan Interstate Highway'.

    (b) References- Any reference in a law, map, regulation, document, paper, or other record of the United States to the highway portion referred to in subsection (a) shall be deemed to be a reference to the `Daniel Patrick Moynihan Interstate Highway'.

SEC. 1930. DESIGNATION OF THOMAS P. `TIP' O'NEILL, JR. TUNNEL.

    (a) Designation- In honor of his service to the Commonwealth of Massachusetts and the United States, and in recognition of his contributions toward the construction of the Central Artery project in Boston, the northbound and southbound tunnel of Interstate Route 93, located in the city of Boston, which extends north of the intersection of Interstate Route 90 and Interstate Route 93 to the Leonard P. Zakim Bunker Hill Bridge, shall be known and designated as the `Thomas P. `Tip' O'Neill, Jr. Tunnel'.

    (b) References- Any reference in law, map, regulation, document, paper, or other record of the United States to the tunnel referred to in subsection (a) shall be deemed to be a reference to the `Thomas P. `Tip' O'Neill, Jr. Tunnel'.

SEC. 1931. RICHARD NIXON PARKWAY, CALIFORNIA.

    (a) Designation- The segment of the Imperial Highway located between California State Route 91 and Esperanza Road in the State of California shall be known and designated as the `Richard Nixon Parkway'.

    (b) References- Any reference in a law, map, regulation, document, paper, or other record of the United States to the highway segment referred to in subsection (a) shall be deemed to be a reference to the `Richard Nixon Parkway'.

SEC. 1932. AMO HOUGHTON BYPASS.

    (a) Designation- The 3-mile 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, shall be known and designated as the `Amo Houghton Bypass'.

    (b) References- Any reference in a law, map, regulation, document, paper, or other record of the United States to the highway segment referred to in subsection (a) shall be deemed to be a reference to the `Amo Houghton Bypass'.

SEC. 1933. BILLY TAUZIN ENERGY CORRIDOR.

    (a) Designation- Louisiana Route 1 shall be known and designated as the `Billy Tauzin Energy Corridor'.

    (b) References- Any reference in a law, map, regulation, document, paper, or other record of the United States to the highway segment referred to in subsection (a) shall be deemed to be a reference to the `Billy Tauzin Energy Corridor'.

SEC. 1934. TRANSPORTATION IMPROVEMENTS.

    (a) Authorization of Appropriations-

      (1) IN GENERAL- For each of fiscal years 2005 through 2009, there are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) such sums as are necessary to make allocations in accordance with paragraph (2) to carry out each project described in the table contained in subsection (c), at the amount specified for each such project in that table.

      (2) ALLOCATION PERCENTAGES- Of the total amount specified for each project described in the table contained in subsection (c), 10 percent for fiscal year 2005, 20 percent for fiscal year 2006, 25 percent for fiscal year 2007, 25 percent for fiscal year 2008, and 20 percent for fiscal year 2009 shall be allocated to carry out each such project in that table.

    (b) Contract Authority-

      (1) IN GENERAL- Funds authorized to be appropriated to carry out this subsection shall be available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code, except that the funds shall remain available until expended.

      (2) FEDERAL SHARE- The Federal share of the cost of a project under this section shall be determined in accordance with section 120 of such title.

    (c) Table- The table referred to in subsections (a) and (b) is as follows:

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SEC. 1935. PROJECT FLEXIBILITY.

    (a) In General- Notwithstanding any other provision of law, funds allocated for a project described in subsection (b) in a State may be obligated for any other project in the State for which funds are so allocated, except that the total amount of funds authorized for any project for which funds are so allocated shall not be reduced.

    (b) Projects- The projects described in this subsection are--

      (1) the projects numbered greater than 3676 listed in the table contained in section 1702 of this Act;

      (2) the projects numbered greater than 18 listed in the table contained in section 1301 of this Act;

      (3) the projects numbered greater than 27 listed in the table contained in section 1302 of this Act; and

      (4) the projects listed in the table contained in section 1934 of this Act.

SEC. 1936. ADVANCES.

    Notwithstanding any other provision of law, funds apportioned to a State under section 104(b) of title 23, United States Code, may be obligated to carry out a project designated in any of sections 1301, 1302, 1306, and 1934 of this Act and sections 117 and 144(g) of title 23, United States Code, in an amount not to exceed the amount authorized for that project, only from a program under which the project would be eligible, except that any amounts obligated to carry out the project shall be restored from funds allocated for the project.

SEC. 1937. ROADS IN CLOSED BASINS.

    (a) In General- The Secretary shall use funds made available to carry out section 125 of title 23, United States Code, through advancement or reimbursement, without further emergency declaration, to construct such measures as the Secretary determines to be necessary for the continuation of roadway services, or the impoundment of water to protect roads, or both, at Devils Lake in the State of North Dakota, as the Secretary determines to be appropriate.

    (b) Requirements- The Secretary shall carry out construction under subsection (a) in accordance with--

      (1) the options and needs identified in the report of the Devils Lake Surface Transportation Task Force of the Federal Highway Administration dated May 4, 2000, and entitled `Roadways Serving as Water Barriers';

      (2) any needs relating to Devils Lake identified after May 4, 2000; and

      (3) any monitoring, study, or design or preliminary engineering associated with evaluating or constructing the measures.

    (c) Affected Areas- The Secretary shall carry out construction under this section in an area that has been the subject of an emergency declaration issued during the period beginning on January 1, 1993, and ending on the date of enactment of this Act.

    (d) Funding-

      (1) IN GENERAL- Except as provided in paragraph (2), to the extent that expenditures relating to construction under this section could not be made pursuant to any other authority under section 125 of title 23, United States Code, the expenditures shall not exceed--

        (A) $10,000,000 during any fiscal year; and

        (B) a total amount of $70,000,000.

      (2) EXCEPTION- Nothing in paragraph (1) limits any expenditure with respect to--

        (A) emergency relief in response to a development occurring after the date of enactment of this Act; or

        (B) an authority under any other provision of law (including section 125 of such title).

    (e) Effect of Section- Nothing in this section authorizes or provides funding for the construction, operation, or maintenance of an outlet at Devils Lake in the State of North Dakota.

SEC. 1938. TECHNOLOGY.

    States are encouraged to consider using a nondestructive technology able to detect cracks including sub-surface flaws as small as 0.005 inches in length or depth in steel bridges.

SEC. 1939. BIA INDIAN ROAD PROGRAM.

    (a) Limitation on Applicability of Certain Rule- The final rule effective October 1, 2004, published in the Federal Register, July 19, 2004, at pages 43089, relating to the Indian reservation road program administered by the Bureau of Indian Affairs of the Department of the Interior, shall not apply to the following Alaska villages with respect to the following projects:

      (1) Craig, Alaska, Craig Community Association, Point St. Nicholas Road improvements.

      (2) Cordova, Alaska, Native Village of Eyak, Shepard's Point Road improvements.

      (3) Hydaburg, Alaska, Hydaburg Community Association, Hydaburg community street improvements.

      (4) Healy Lake, Alaska, Healy Lake Traditional, Cummings Road improvements.

    (b) Special Rule- For the villages listed in subsection (a), the Indian reservation road program shall be administered by the Bureau of Indian Affairs under the rules and regulations in effect before the adoption of the final rule referred to in subsection (a), and the Secretary shall pay, from amounts made available to carry out section 202(d) of title 23, United States Code, for fiscal year 2006 each of the tribal organizations referred to in subsection (a) for the Federal share of the costs of the projects listed in subsection (a).

SEC. 1940. GOING-TO-THE-SUN ROAD, GLACIER NATIONAL PARK, MONTANA.

    (a) Project Authorization- There is authorized to be appropriated to the Secretary from the Highway Trust Fund (other than the Mass Transit Account) to resurface, repair, rehabilitate, and reconstruct the Going-to-the-Sun Road at Glacier National Park, Montana, in accordance with the framework identified in Alternative 3 (shared use alternative) of the environmental impact statement and record of decision dated 2003 and relating to the Going-to-the-Sun Road, to remain available until expended--

      (1) $10,000,000 for fiscal year 2005;

      (2) $10,000,000 for fiscal year 2006;

      (3) $10,000,000 for fiscal year 2007;

      (4) $10,000,000 for fiscal year 2008; and

      (5) $10,000,000 for fiscal year 2009.

    (b) Federal Share- The Federal share of the costs of the project described in subsection (a) shall be 100 percent.

SEC. 1941. BEARTOOTH HIGHWAY, MONTANA.

    (a) Project Authorization- Of funds made available for the State of Montana for the project for development and construction of United States Route 212, Red Lodge North, Montana, as described in the table contained in section 1934 (including amounts transferred to the project under section 1935), on request of the State of Montana, the Secretary shall obligate such sums as are necessary to reconstruct the Beartooth Highway in the State of Montana.

    (b) Reimbursement- The amounts used for reconstruction under subsection (a) shall be reimbursed to the project relating to United States Route 212 described in subsection (a) on the date or dates on which funding is allocated for the Beartooth Highway under section 125 of title 23, United States Code.

    (c) Federal Share- The Federal share payable for funds allocated for the Beartooth Highway under section 125 of such title shall be 100 percent.

SEC. 1942. OPENING OF AIRFIELD AT MALMSTROM AIR FORCE BASE, MONTANA.

    Not later than 60 days after the date of the enactment of this Act, the Secretary of the Air Force shall--

      (1) open the airfield at Malmstrom Air Force Base, Montana; and

      (2) enable flying operations for all fixed-wing aircraft at that base.

SEC. 1943. GREAT LAKES ITS IMPLEMENTATION.

    (a) In General- The Secretary shall make grants to the State of Wisconsin to continue intelligent transportation system activities in the corridor serving the Greater Milwaukee, Wisconsin, Chicago, Illinois, and Gary, Indiana, areas initiated under the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102-240) and other areas of the State of Wisconsin.

    (b) Funding- There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) $2,000,000 for each of fiscal years 2006 through 2008 and $3,000,000 for fiscal year 2009 to carry out this section.

    (c) Contract Authority- Funds made available to carry out this section shall be available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code.

SEC. 1944. TRANSPORTATION CONSTRUCTION AND REMEDIATION, OTTAWA COUNTY, OKLAHOMA.

    (a) In General- The Secretary shall allocate to the State of Oklahoma amounts made available to carry out this section for the activities described in subsection (b).

    (b) Oklahoma Plan for Tar Creek- The activities referred to in subsection (a) are all activities described in the Oklahoma Plan for Tar Creek, including activities under that Plan that are to be carried out by involved Federal and State entities.

    (c) Funding-

      (1) AUTHORIZATION OF APPROPRIATIONS-

        (A) IN GENERAL- There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $10,000,000 for fiscal year 2006.

        (B) AVAILABILITY- Funds authorized to be appropriated under subparagraph (A) shall remain available until expended.

      (2) CONTRACT AUTHORITY- Except as otherwise provided in this section, funds authorized to be appropriated under this section shall be available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code.

      (3) TITLE 23 ELIGIBILITY- Activities described in subsection (b) shall be considered to be eligible for funding under any program for which funds are apportioned under section 104(b) of such title, as in effect on the day before the date of enactment of this section.

SEC. 1945. INFRASTRUCTURE AWARENESS PROGRAM.

    (a) In General- In cooperation with the subcontracting production entity that received funds under section 1212(b) of the Transportation Equity Act for the 21st Century (112 Stat. 193), the Secretary shall fund the production of a documentary about infrastructure that demonstrates advancements in Alaska, the last frontier.

    (b) Federal Share- The Federal share of the cost of production of the documentary under subsection (a) shall be 100 percent.

    (c) Funding- There is authorized to be appropriated out of the Highway Trust fund (other than the Mass Transit Account) to carry out this section $1,500,000 for fiscal year 2005 and $1,450,000 for fiscal year 2006. Such fund shall remain available until expended.

    (d) Applicability of Title 23- Funds authorized by this section shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code; except that the Federal share of the cost of production of the documentary under this section shall be determined in accordance with this section.

SEC. 1946. GATEWAY RURAL IMPROVEMENT PILOT PROGRAM.

    (a) In General- The Secretary shall establish a pilot program in the State of Vermont to be known as the `Gateway Rural Improvement Pilot Program' (referred to in this section as the `program') to demonstrate the benefits to a rural rail corridor of a freight transportation gateway program.

    (b) Eligible Activities- Under the program--

      (1) funding preference shall be given to selecting a corridor in the State of Vermont that includes a border crossing; and

      (2) individual projects shall provide community and highway benefits by addressing economic, congestion, security, safety, and environmental issues.

    (c) Cost Sharing-

      (1) FEDERAL SHARE- The Federal share of the cost of a project under this section shall be determined in accordance with section 120 of title 23, United States Code.

      (2) NON-FEDERAL SHARE- Project user fees may be used to provide all or part of the non-Federal share of the cost of a project funded under this section.

    (d) Authorization of Appropriations- In addition to such amounts as are otherwise authorized to be appropriated for the Department, there are authorized to be appropriated such sums as may be necessary to carry out this section.

SEC. 1947. ELIGIBLE SAFETY IMPROVEMENTS.

    Section 120(c) of title 23, United States Code, is amended in the first sentence by inserting `traffic circles (also known as `roundabouts'),' after `traffic control signalization,'.

SEC. 1948. EMERGENCY SERVICE ROUTE.

    Notwithstanding any Federal law, regulation, or policy to the contrary, no Federal funds shall be obligated or expended for the demolition of the existing Brightman Street Bridge connecting Fall River and Somerset, Massachusetts, and the existing Brightman Street Bridge shall be maintained for pedestrian and bicycle access, and as an emergency service route.

SEC. 1949. KNIK ARM BRIDGE FUNDING CLARIFICATION.

    The Secretary shall provide to the public entity known as the Knik Arm Bridge and Toll Authority, established by the State of Alaska, funds provided in items 2465 and 3677 in the table contained in section 1702, item 2 in the table contained in section 1934, and item 14 in the table contained in section 1302.

SEC. 1950. LINCOLN PARISH, LA/I-20 TRANSPORTATION CORRIDOR PROGRAM.

    (a) In General- The Secretary shall credit non-Federal expenditures paid on or after October 23, 2000, by project sponsors of the Lincoln Parish transportation and community and system preservation project funded by the Department of Transportation and Related Agencies Appropriations Act, 2001 (Public Law 106-346), and the United States Route 167/I-20 interchange Interstate maintenance discretionary project funded by the Department of Transportation and Related Agencies Appropriations Act, 2002 (Public Law 107-87), that are in excess of the non-Federal matching requirements for such projects as non-Federal contributions toward the non-Federal matching requirements for all LA/I-20 Transportation Corridor Program elements between Louisiana Route 149 and Louisiana Route 33.

    (b) Expiration of Authority- The authority to provide credit under subsection (a) expires on September 30, 2009.

SEC. 1951. BONDING ASSISTANCE PROGRAM.

    Section 332 of title 49, United States Code, is amended by inserting at the end the following:

    `(e) Bonding Assistance-

      `(1) IN GENERAL- The Secretary, acting through the Minority Resource Center established under subsection (b), shall provide assistance in obtaining bid, payment, and performance bonds by disadvantaged business enterprises pursuant to subsection (b)(4).

      `(2) AUTHORIZATION OF APPROPRIATION- There is authorized to be appropriated such sums as may be necessary for each of fiscal years 2005 through 2009 to carry out activities under this subsection.'.

SEC. 1952. CONGESTION RELIEF.

    The Secretary shall 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 shall take appropriate action in response to the results of that analysis.

SEC. 1953. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out, in accordance with title 23, United States Code, projects under section 1301 and 1302 of this Act.

SEC. 1954. BICYCLE TRANSPORTATION AND PEDESTRIAN WALKWAYS.

    Section 217(c) of title 23, United States Code, is amended by striking `in conjunction with such trails, roads, highways, and parkways'.

SEC. 1955. CONVEYANCE TO THE CITY OF ELY, NEVADA.

    Notwithstanding sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1711, 1712), the Secretary of Interior, acting through the Director of the Bureau of Land Management, shall convey within 45 days after the date of enactment of this Act to the city of Ely, Nevada, subject to valid existing rights, without consideration, all right, title, and interest of the United States in the land located within the railroad corridor described in rights-of-way numbered Nev-043230, Nev-043231, Nev-043232, Nev-43240, Nev-043234, ELKO-03009, ELKO-03514, and CC-05887.

SEC. 1956. BROWNFIELDS GRANTS.

    Section 104(k)(4)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)(4)(B)) is amended by adding at the end the following:

          `(iii) EXCEPTION- Notwithstanding clause (i)(IV), the Administrator may use up to 25 percent of the funds made available to carry out this subsection to make a grant or loan under this subsection to eligible entities that satisfy all of the elements set forth in section 101(40) to qualify as a bona fide prospective purchaser, except that the date of acquisition of the property was on or before January 11, 2002.'.

SEC. 1957. TRAFFIC CIRCLE CONSTRUCTION, CLARENDON, VERMONT.

    (a) In General- The State of Vermont agency of transportation shall--

      (1) not later than August 1, 2005, commence planning for a traffic circle at the intersection of United States Route 7 and Vermont Route 103 in Clarendon, Vermont; and

      (2) not later than August 1, 2007, complete construction of that traffic circle.

    (b) Funding- From amounts made available to the State of Vermont by this Act, the Secretary shall provide to the State of Vermont agency of transportation $1,000,000 for use in carrying out this section.

SEC. 1958. LIMITATION ON PROJECT APPROVAL.

    Notwithstanding any provision of title 23, United States Code, the Secretary is prohibited 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 or toll facilities are used for the access to the right-of-way or median.

SEC. 1959. CROSS HARBOR FREIGHT MOVEMENT PROJECT.

    The Secretary shall provide to the public entity known as the Port Authority of New York and New Jersey, established by the States of New York and New Jersey, funds provided for project numbered 12 in section 1301 of this Act.

SEC. 1960. DENALI ACCESS SYSTEM PROGRAM.

    The Denali Commission Act of 1998 (42 U.S.C. 3121 note) is amended--

      (1) by redesignating section 309 as section 310; and

      (2) by inserting after section 308 the following:

`SEC. 309. DENALI ACCESS SYSTEM PROGRAM.

    `(a) Establishment of the Denali Access System Program- Not later than 3 months after the date of enactment of the SAFETEA-LU, the Secretary of Transportation shall establish a program to pay the costs of planning, designing, engineering, and constructing road and other surface transportation infrastructure identified for the Denali access system program under this section.

    `(b) Denali Access System Program Advisory Committee-

      `(1) ESTABLISHMENT- Not later than 3 months after the date of enactment of the SAFETEA-LU, the Denali Commission shall establish a Denali Access System Program Advisory Committee (referred to in this section as the `advisory committee') .

      `(2) MEMBERSHIP- The advisory committee shall be composed of 9 members to be appointed by the Governor of the State of Alaska as follows:

        `(A) The chairman of the Denali Commission.

        `(B) 4 members who represent existing regional native corporations, native nonprofit entities, or tribal governments, including one member who is a civil engineer.

        `(C) 4 members who represent rural Alaska regions or villages, including one member who is a civil engineer.

      `(3) TERMS-

        `(A) IN GENERAL- Except for the chairman of the Commission who shall remain a member of the advisory committee, members shall be appointed to serve a term of 4 years.

        `(B) INITIAL MEMBERS- Except for the chairman of the Commission, of the 8 initial members appointed to the advisory committee, 2 shall be appointed for a term of 1 year, 2 shall be appointed for a term of 2 years, 2 shall be appointed for a term of 3 years, and 2 shall be appointed for a term of 4 years. All subsequent appointments shall be for 4 years.

      `(4) RESPONSIBILITIES- The advisory committee shall be responsible for the following activities:

        `(A) Advising the Commission on the surface transportation needs of Alaska Native villages and rural communities, including projects for the construction of essential access routes within remote Alaska Native villages and rural communities and for the construction of roads and facilities necessary to connect isolated rural communities to a road system.

        `(B) Advising the Commission on considerations for coordinated transportation planning among the Alaska Native villages, Alaska rural villages, the State of Alaska, and other government entities.

        `(C) Establishing a list of transportation priorities for Alaska Native village and rural community transportation projects on an annual basis, including funding recommendations.

        `(D) Facilitate the Commission's work on transportation projects involving more than one region.

      `(5) FACA EXEMPTION- The provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the advisory committee.

    `(c) Allocation of Funds-

      `(1) IN GENERAL- The Secretary shall allocate funding authorized and made available for the Denali access system program to the Commission to carry out this section.

      `(2) DISTRIBUTION OF FUNDING- In distributing funds for surface transportation projects funded under the program, the Commission shall consult the list of transportation priorities developed by the advisory committee.

    `(d) Preference to Alaska Materials and Products- To construct a project under this section, the Commission shall encourage, to the maximum extent practicable, the use of employees and businesses that are residents of Alaska.

    `(e) Design Standards- Each project carried out under this section shall use technology and design standards determined by the Commission to be appropriate given the location and the functionality of the project.

    `(f) Maintenance- Funding for a construction project under this section may include an additional amount equal to not more than 10 percent of the total cost of construction, to be retained for future maintenance of the project. All such retained funds shall be dedicated for maintenance of the project and may not be used for other purposes.

    `(g) Lead Agency Designation- For purposes of projects carried out under this section, the Commission shall be designated as the lead agency for purposes of accepting Federal funds and for purposes of carrying out this project.

    `(h) Non-Federal Share- Notwithstanding any other provision of law, funds made available to carry out

this section may be used to meet the non-Federal share of the cost of projects under title 23, United States Code.

    `(i) Surface Transportation Program Transferability-

      `(1) TRANSFERABILITY- In any fiscal year, up to 15 percent of the amounts made available to the State of Alaska for surface transportation by section 133 of title 23, United States Code, may be transferred to the Denali access system program.

      `(2) NO EFFECT ON SET-ASIDE- Paragraph (2) of section 133(d), United States Code, shall not apply to funds transferred under paragraph (1).

    `(j) Authorization of Appropriations-

      `(1) IN GENERAL- There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $15,000,000 for each of fiscal years 2006 through 2009.

      `(2) APPLICABILITY OF TITLE 23- Funds made available to carry out this section shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code; except that such funds shall not be transferable and shall remain available until expended, and the Federal share of the cost of any project carried out using such funds shall be determined in accordance with section 120(b).'.

SEC. 1961. I-95/CONTEE ROAD INTERCHANGE STUDY.

    (a) In General- The Secretary shall conduct a study on the I-95/Contee Road relocated interchange project located in Prince George's County, Maryland. The study shall assess how the proposed interchange will--

      (1) leverage Federal investment in the I-95/Contee Road relocated interchange project by encouraging a public-private partnership between the State of Maryland and the private financial interests supporting the project;

      (2) improve overall transportation efficiency in the area and enhance fire, rescue, and emergency response in the area;

      (3) complement planned development in the area by providing sufficient access to the Interstate System; and

      (4) otherwise provide public benefits and revenues.

    (b) Data Collection- As part of the study, the Secretary shall collect data regarding the economic impact of the project, including new jobs and State and county revenues in the form of real estate property taxes, retail sales taxes, and income and hotel sales and occupancy taxes.

    (c) Report- Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the results of the study, including any recommendations of the Secretary.

    (d) Funding-

      (1) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to carry out this section, out of the Highway Trust Fund (other than the Mass Transit Account), $1,000,000 for fiscal year 2006.

      (2) CONTRACT AUTHORITY- Funds authorized to be appropriated by this section shall be available for obligation in the same manner and to the same extent as if such funds were apportioned under chapter 1 of title 23, United States Code; except that the Federal share of the cost of the project shall be 100 percent, and such funds shall remain available until expended and shall not be transferable.

SEC. 1962. MULTIMODAL FACILITY IMPROVEMENTS.

    (a) Authorization of Appropriations- The Secretary shall make available from funds in the Highway Trust Fund (other than the Mass Transit Account) $5,000,000 for each of fiscal years 2006 through 2009 for multimodal facility improvements, construction, and ferry acquisition by North Bay Ferry Service, Inc., located at Port Sonoma in Petaluma, California.

    (b) Contract Authority- Funds appropriated to carry out this section shall be available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code, except that such funds shall remain available until expended.

    (c) Limitation- Not more than 50 percent of funds appropriated to carry out this section shall be used for facility improvements and construction.

    (d) Federal Share- The Federal Share of the cost of a facility improvement or construction project under this section shall be 80 percent.

    (e) Requirement- Ferries to which assistance is provided under this section shall be purchased by a United States company that designs and builds vessels in the United States.

SEC. 1963. APOLLO THEATER LEASES.

    Notwithstanding the Public Works and Economic Development Act of 1965 (42 U.S.C. 3121 et seq.), or any other provision of law, the Economic Development Administration shall, in order to facilitate the further financing of the project, approve, without compensation to the agency, a series of leases of the Apollo Theater, located in Harlem, New York, to be improved by Economic Development Administration project numbers 01-01-7308 and 01-01-07552.

SEC. 1964. PROJECT FEDERAL SHARE.

    (a) In General- Notwithstanding any other provision of law, only for the States of Alaska, Montana, Nevada, North Dakota, Oregon, and South Dakota, the Federal share of the cost of a project described in subsection (b) shall be determined in accordance with section 120(b) of title 23, United States Code.

    (b) Projects- The projects described in this subsection are--

      (1) the projects listed in section 1702;

      (2) the projects listed in section 1301; and

      (3) the projects listed in section 1934.

TITLE II--HIGHWAY SAFETY

SEC. 2001. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General- The following sums are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account):

      (1) HIGHWAY SAFETY PROGRAMS- For carrying out section 402 of title 23, United States Code, $163,680,000 for fiscal year 2005, $217,000,000 for fiscal year 2006, $220,000,000 for fiscal year 2007, $225,000,000 for fiscal year 2008, and $235,000,000 for fiscal year 2009.

      (2) HIGHWAY SAFETY RESEARCH AND DEVELOPMENT- For carrying out section 403 of title 23, United States Code, $71,424,000 for fiscal year 2005, $110,000,000 for fiscal year 2006, $107,750,000 for fiscal year 2007, $107,750,000 for fiscal year 2008, and $105,500,000 for fiscal year 2009.

      (3) OCCUPANT PROTECTION INCENTIVE GRANTS- For carrying out section 405 of title 23, United States Code, $19,840,000 for fiscal year 2005, $25,000,000 for fiscal year 2006, $25,000,000 for fiscal year 2007, $25,000,000 for fiscal year 2008, and $25,000,000 for fiscal year 2009.

      (4) SAFETY BELT PERFORMANCE GRANTS- For carrying out section 406 of title 23, United States Code, $124,500,000 for fiscal year 2006, $124,500,000 for fiscal year 2007, $124,500,000 for fiscal year 2008, and $124,500,000 for fiscal year 2009.

      (5) STATE TRAFFIC SAFETY INFORMATION SYSTEM IMPROVEMENTS- For carrying out section 408 of title 23, United States Code, $34,500,000 for fiscal year 2006, $34,500,000 for fiscal year 2007, $34,500,000 for fiscal year 2008, and $34,500,000 for fiscal year 2009.

      (6) ALCOHOL-IMPAIRED DRIVING COUNTERMEASURES INCENTIVE GRANT PROGRAM- For carrying out section 410 of title 23, United States Code, $39,680,000 for fiscal year 2005, $120,000,000 for fiscal year 2006, $125,000,000 for fiscal year 2007, $131,000,000 for fiscal year 2008, and $139,000,000 for fiscal year 2009.

      (7) NATIONAL DRIVER REGISTER- For the National Highway Traffic Safety Administration to carry out chapter 303 of title 49, United States Code, $3,968,000 for fiscal year 2005, $4,000,000 for fiscal year 2006, $4,000,000 for fiscal year 2007, $4,000,000 for fiscal year 2008, and $4,000,000 for fiscal year 2009.

      (8) HIGH VISIBILITY ENFORCEMENT PROGRAM- For carrying out section 2009 of this title $29,000,000 for fiscal year 2006, $29,000,000 for fiscal year 2007, $29,000,000 for fiscal year 2008, and $29,000,000 for fiscal year 2009.

      (9) MOTORCYCLIST SAFETY- For carrying out section 2010 of this title $6,000,000 for fiscal year 2006, $6,000,000 for fiscal year 2007, $6,000,000 for fiscal year 2008, and $7,000,000 for fiscal year 2009.

      (10) CHILD SAFETY AND CHILD BOOSTER SEAT SAFETY INCENTIVE GRANTS- For carrying out section 2011 of this title $6,000,000 for fiscal year 2006, $6,000,000 for fiscal year 2007, $6,000,000 for fiscal year 2008, and $7,000,000 for fiscal year 2009.

      (11) ADMINISTRATIVE EXPENSES- For administrative and related operating expenses of the National Highway Traffic Safety Administration in carrying out chapter 4 of title 23, United States Code, and this title $17,500,000 for fiscal year 2006, $17,750,000 for fiscal year 2007, $18,250,000 for fiscal year 2008, and $18,500,000 for fiscal year 2009.

    (b) Prohibition on Other Uses- Except as otherwise provided in chapter 4 of title 23, United States Code, and this title, (including the amendments made by this title), the amounts made available from the Highway Trust Fund (other than the Mass Transit Account) for a program under such chapter shall only be used to carry out such program and may not be used by States or local governments for construction purposes.

    (c) Applicability of Title 23- Except as otherwise provided in chapter 4 of title 23, United States Code, and this title, amounts made available under subsection (a) for each of fiscal years 2005 through 2009 shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code.

    (d) Transfers- In each fiscal year, the Secretary may transfer any amounts remaining available under paragraph (3), (5), or (6) of subsection (a) to the amounts made available under any other of such paragraphs in order to ensure, to the maximum extent possible, that each State receives the maximum incentive funding for which the State is eligible under sections 405, 408, and 410 of title 23, United States Code.

    (e) Clarifications- The amounts made available by each of subsections (a)(1) through (a)(7) shall be less any amounts made available from the Highway Trust Fund (other than the Mass Transit Account) by laws enacted before the date of enactment of this Act for the respective programs referred to in each of such subsections for fiscal year 2005. Amounts authorized by such subsections are post-rescission and shall not be subject to any rescission after the date of enactment of this Act.

SEC. 2002. HIGHWAY SAFETY PROGRAMS.

    (a) Programs to Be Included- Section 402(a) of title 23, United States Code, is amended--

      (1) in clause (2) by striking `and to increase public awareness of the benefit of motor vehicles equipped with airbags';

      (2) by redesignating clause (6) as clause (7);

      (3) by inserting after clause (5) the following: `(6) to reduce accidents resulting from unsafe driving behavior (including aggressive or fatigued driving and distracted driving arising from the use of electronic devices in vehicles)'; and

      (4) in the 10th sentence by inserting `aggressive driving, fatigued driving, distracted driving,' after `school bus accidents,'

    (b) Administration of State Programs- Section 402(b)(1) of such title is amended--

      (1) in subparagraph (C) by striking `and' at the end;

      (2) by redesignating clause (6) as clause (7);

      (3) in subparagraph (D) by striking `State.' and inserting `State; and'; and

      (4) by adding at the end the following:

        `(E) provide satisfactory assurances that the State will implement activities in support of national highway safety goals to reduce motor vehicle related fatalities that also reflect the primary data-related crash factors within a State as identified by the State highway safety planning process, including--

          `(i) national law enforcement mobilizations;

          `(ii) sustained enforcement of statutes addressing impaired driving, occupant protection, and driving in excess of posted speed limits;

          `(iii) an annual statewide safety belt use survey in accordance with criteria established by the Secretary for the measurement of State safety belt use rates to ensure that the measurements are accurate and representative; and

          `(iv) development of statewide data systems to provide timely and effective data analysis to support allocation of highway safety resources.'.

    (c) Deduction Deletion- Section 402(c) of such title is amended--

      (1) by striking the second sentence; and

      (2) in the sixth sentence by striking `three-fourths of 1 percent' and inserting `2 percent'.

    (d) Law Enforcement and Consolidation of Applications- Section 402 of such title is further amended by adding at the end the following:

    `(l) Law Enforcement Vehicular Pursuit Training- A State shall actively encourage all relevant law enforcement agencies in such State to follow the guidelines established for vehicular pursuits issued by the International Association of Chiefs of Police that are in effect on the date of enactment of this subsection or as revised and in effect after such date as determined by the Secretary.

    `(m) Consolidation of Grant Applications- The Secretary shall establish an approval process by which a State may apply for all grants under this chapter through a single application process with one annual deadline. The Bureau of Indian Affairs shall establish a similar simplified process for applications for grants from Indian tribes under this chapter.'.

    (e) Conforming Repeal for Administrative Expenses- Section 405(d) of such title is repealed.

SEC. 2003. HIGHWAY SAFETY RESEARCH AND OUTREACH PROGRAMS.

    (a) Revised Authority and Requirements- Section 403(a) of title 23, United States Code, is amended to read as follows:

    `(a) Authority of the Secretary- The Secretary is authorized to use funds appropriated to carry out this section to--

      `(1) conduct research on all phases of highway safety and traffic conditions, including accident causation, highway or driver characteristics, communications, and emergency care;

      `(2) conduct ongoing research into driver behavior and its effect on traffic safety;

      `(3) conduct research on, launch initiatives to counter, and conduct demonstration projects on fatigued driving by drivers of motor vehicles and distracted driving in such vehicles, including the effect that the use of electronic devices and other factors deemed relevant by the Secretary have on driving;

      `(4) conduct training or education programs in cooperation with other Federal departments and agencies, States, private sector persons, highway safety personnel, and law enforcement personnel;

      `(5) conduct research on, and evaluate the effectiveness of, traffic safety countermeasures, including seat belts and impaired driving initiatives;

      `(6) conduct research on, evaluate, and develop best practices related to driver education programs (including driver education curricula, instructor training and certification, program administration and delivery mechanisms) and make recommendations for harmonizing driver education and multistage graduated licensing systems;

      `(7) conduct research, training, and education programs related to older drivers;

      `(8) conduct demonstration projects; and

      `(9) conduct research, training, and programs relating to motorcycle safety, including impaired driving.'

    (b) International Cooperation- Section 403 of such title is amended by adding at the end the following:

    `(g) International Cooperation- The Administrator of the National Highway Traffic Safety Administration may participate and cooperate in international activities to enhance highway safety.'.

    (c) On-Scene Motor Vehicle Collision Causation-

      (1) STUDY- The Secretary shall conduct under section 403 of title 23, United States Code, a nationally representative study to collect on-scene motor vehicle collision data and to determine crash causation. The Secretary shall enter into a contract with the National Academy of Sciences to conduct a review of the research, design, methodology, and implementation of the study.

      (2) CONSULTATION- The study under this subsection may be conducted in consultation with other Federal departments and agencies with relevant expertise.

      (3) FINAL REPORT- Not later than 2 years after the date of enactment of this Act, the Secretary shall submit a report on the results of the study conducted under this subsection to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.

    (d) Research on Distracted, Inattentive, and Fatigued Drivers- In conducting research under section 403(a)(3) of title 23, United States Code, the Secretary shall carry out not less than 2 demonstration projects to evaluate new and innovative means of combating traffic system problems caused by distracted, inattentive, or fatigued drivers. The demonstration projects shall be in addition to any other research carried out under such section.

    (e) Pedestrian Safety-

      (1) IN GENERAL- The Secretary shall--

        (A) produce a comprehensive report on pedestrian safety that builds on the current level of knowledge of pedestrian safety countermeasures by identifying the most effective advanced technology and intelligent transportation systems, such as automated pedestrian detection and warning systems (infrastructure-based and vehicle-based), road design, and vehicle structural design that could potentially mitigate the crash forces on pedestrians in the event of a crash; and

        (B) include in the report recommendations on how new technological developments could be incorporated into educational and enforcement efforts and how they could be integrated into national design guidelines developed by the American Association of State Highway and Transportation Officials.

      (2) DUE DATE- The Secretary shall complete the report under this subsection not less than 2 years after the date of enactment of this Act and submit a copy of the report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.

    (f) Refusal of Intoxication Testing-

      (1) STUDY- The Secretary shall carry out under section 403 of title 23, United States Code, a study of the frequency with which persons arrested for the offense of operating a motor vehicle while under the influence of alcohol and persons arrested for the offense of operating a motor vehicle while intoxicated refuse to take a test to determine blood alcohol concentration levels and the effect such refusals have on the ability of States to prosecute such persons for those offenses.

      (2) CONSULTATION- In carrying out the study under this subsection, the Secretary shall consult with the Governors of the States, the States' Attorneys General, and the United States Sentencing Commission.

      (3) REPORT-

        (A) REQUIREMENT FOR REPORT- Not later than 2 years after the date of the enactment of this Act, the Secretary shall submit a report on the results of the study to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.

        (B) CONTENT- The report shall include any recommendation for legislation, including any recommended model State legislation, and any other recommendations that the Secretary considers appropriate for implementing a program designed to decrease the occurrence of refusals by arrested persons to submit to a test to determine blood alcohol concentration levels.

    (g) Impaired Motorcycle Driving-

      (1) STUDYING- In conducting research under section 403(a)(9) of title 23, United States Code, the Secretary shall conduct a study on educational, public information and other activities targeted at reducing motorcycle accidents and resulting fatalities and injuries, where the operator of the motorcycle is impaired.

      (2) REPORT- Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study, including the data collected and statistics compiled and recommendations to reduce the number of motorcycle accidents described in paragraph (1) and the resulting fatalities and injuries.

    (h) Reducing Impaired Driving Recidivism-

      (1) STUDY- The Secretary shall conduct a study on reducing the incidence of alcohol-related motor vehicle crashes and fatalities through research of advanced vehicle-based alcohol detection systems, including an assessment of the practicability and cost effectiveness of such systems.

      (2) REPORT- Not later than 2 years after the date of enactment of this Act, the Secretary shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study.

SEC. 2004. OCCUPANT PROTECTION INCENTIVE GRANTS.

    (a) General Authority- Section 405(a) of title 23, United States Code, is amended-

      (1) in paragraph (2) by striking `Transportation Equity Act for the 21st Century' and inserting `SAFETEA-LU';

      (2) in paragraph (3) by striking `1997' and inserting `2003'; and

      (3) in each of paragraphs (4)(A), (4)(B), and (4)(C) by inserting after `years' the following: `beginning after September 30, 2003,'.

    (c) Grant Amounts- Section 405(c) of such title is amended-

      (1) by striking `25 percent' and inserting `100 percent'; and

      (2) by striking `1997' and inserting `2003'.

SEC. 2005. GRANTS FOR PRIMARY SAFETY BELT USE LAWS.

    (a) In General- Section 406 of title 23, United States Code, is amended to read as follows:

`Sec. 406. Safety belt performance grants

    `(a) In General- The Secretary shall make grants to States in accordance with the provisions of this section to encourage the enactment and enforcement of laws requiring the use of safety belts in passenger motor vehicles.

    `(b) Grants for Enacting Primary Safety Belt Use Laws-

      `(1) IN GENERAL- The Secretary shall make a single grant to each State that either--

        `(A) enacts for the first time after December 31, 2002, and has in effect and is enforcing a conforming primary safety belt use law for all passenger motor vehicles; or

        `(B) in the case of a State that does not have such a primary safety belt use law, has after December 31, 2005, a State safety belt use rate of 85 percent or more for each of the 2 calendar years immediately preceding the fiscal year of a grant, as measured under criteria determined by the Secretary.

      `(2) AMOUNT- The amount of a grant available to a State in fiscal year 2006 or in a subsequent fiscal year under paragraph (1) shall equal 475 percent of the amount apportioned to the State under section 402(c) for fiscal year 2003.

      `(3) JULY 1 CUT-OFF- For the purpose of determining the eligibility of a State for a grant under

paragraph (1)(A), a conforming primary safety belt use law enacted after June 30th of any year shall--

        `(A) not be considered to have been enacted in the Federal fiscal year in which that June 30th falls; but

        `(B) be considered as if it were enacted after October 1 of the next Federal fiscal year.

      `(4) SHORTFALL- If the total amount of grants provided for by this subsection for a fiscal year exceeds the amount of funds available for such grants for that fiscal year, the Secretary shall make grants under this subsection to States in the order in which--

        `(A) the conforming primary safety belt use law came into effect; or

        `(B) the State's safety belt use rate was 85 percent or more for 2 consecutive calendar years (as measured under by criteria determined by the Secretary), whichever first occurs.

      `(5) CATCH-UP GRANTS- The Secretary shall make a grant to any State eligible for a grant under this subsection that did not receive a grant for a fiscal year because of the application of paragraph (4), in the next fiscal year if the State's conforming primary safety belt use law remains in effect or its safety belt use rate is 85 percent or more for the 2 consecutive calendar years preceding such next fiscal year (subject to the condition in paragraph (4)).

    `(c) Grants for Pre-2003 Laws-

      `(1) IN GENERAL- To the extent that amounts made available for grants under this section for any of fiscal years 2006 through 2009 exceed the total amount of grants to be awarded under subsection (b) for the fiscal year, including amounts to be awarded for catch-up grants under subsection (b)(5), the Secretary shall make a single grant to each State that enacted, has in effect, and is enforcing a conforming primary safety belt use law for all passenger motor vehicles that was in effect before January 1, 2003.

      `(2) AMOUNT; INSTALLMENTS- The amount of a grant available to a State under this subsection shall be equal to 200 percent of the amount of funds apportioned to the State under section 402(c) for fiscal year 2003. The Secretary may award the grant in annual installments.

    `(d) Allocation of Unallocated Funds-

      `(1) ADDITIONAL GRANTS- The Secretary shall make additional grants under this section of any amounts made available for grants under this section that, on July 1, 2009, have not been allocated to States under this section.

      `(2) ALLOCATION- The additional grants made under this subsection shall be allocated among all States that, as of that date, have enacted, have in effect, and are enforcing conforming primary safety belt laws for all passenger motor vehicles. The allocations shall be made in accordance with the formula for apportioning funds among the States under section 402(c).

    `(e) Use of Grant Funds-

      `(1) IN GENERAL- Subject to paragraph (2), a State may use a grant under this section for any safety purpose under this title or for any project that corrects or improves a hazardous roadway location or feature or proactively addresses highway safety problems, including--

        `(A) intersection improvements;

        `(B) pavement and shoulder widening;

        `(C) installation of rumble strips and other warning devices;

        `(D) improving skid resistance;

        `(E) improvements for pedestrian or bicyclist safety;

        `(F) railway-highway crossing safety;

        `(G) traffic calming;

        `(H) the elimination of roadside obstacles;

        `(I) improving highway signage and pavement marking;

        `(J) installing priority control systems for emergency vehicles at signalized intersections;

        `(K) installing traffic control or warning devices at locations with high accident potential;

        `(L) safety-conscious planning; and

        `(M) improving crash data collection and analysis.

      `(2) SAFETY ACTIVITY REQUIREMENT- Notwithstanding paragraph (1), the Secretary shall ensure that at least $1,000,000 of amounts received by States under this section are obligated for safety activities under this chapter.

      `(3) SUPPORT ACTIVITY- The Secretary or his designee may engage in activities with States and State legislators to consider proposals related to safety belt use laws.

    `(f) Carry-Forward of Excess Funds- If the amount available for grants under this section for any fiscal year exceeds the sum of the grants made under this section for that fiscal year, the excess amount and obligational authority shall be carried forward and made available for grants under this section in the succeeding fiscal year.

    `(g) Federal Share- The Federal share payable for grants under this section shall be 100 percent.

    `(h) Passenger Motor Vehicle Defined- In this section, the term `passenger motor vehicle' means--

      `(1) a passenger car;

      `(2) a pickup truck; and

      `(3) a van, minivan, or sport utility vehicle with a gross vehicle weight rating of less than 10,000 pounds.'.

    (b) Clerical Amendment- The analysis for chapter 4 of such title is amended by striking the item relating to section 406 and inserting the following:

`406. Safety belt performance grants.'.

SEC. 2006. STATE TRAFFIC SAFETY INFORMATION SYSTEM IMPROVEMENTS.

    (a) In General- Section 408 of title 23, United States Code, is amended to read as follows:

`Sec. 408. State traffic safety information system improvements

    `(a) Grant Authority- Subject to the requirements of this section, the Secretary shall make grants to eligible States to support the development and implementation of effective programs by such States to--

      `(1) improve the timeliness, accuracy, completeness, uniformity, integration, and accessibility of the safety data of the State that is needed to identify priorities for national, State, and local highway and traffic safety programs;

      `(2) evaluate the effectiveness of efforts to make such improvements;

      `(3) link the State data systems, including traffic records, with other data systems within the State, such as systems that contain medical, roadway, and economic data; and

      `(4) improve the compatibility and interoperability of the data systems of the State with national data systems and data systems of other States and enhance the ability of the Secretary to observe and analyze national trends in crash occurrences, rates, outcomes, and circumstances.

    `(b) First-Year Grants- To be eligible for a first-year grant under this section in a fiscal year, a State shall demonstrate to the satisfaction of the Secretary that the State has--

      `(1) established a highway safety data and traffic records coordinating committee with a multidisciplinary membership that includes, among others, managers, collectors, and users of traffic records and public health and injury control data systems; and

      `(2) developed a multiyear highway safety data and traffic records system strategic plan--

        `(A) that addresses existing deficiencies in the State's highway safety data and traffic records system;

        `(B) that is approved by the highway safety data and traffic records coordinating committee;

        `(C) that specifies how existing deficiencies in the State's highway safety data and traffic records system were identified;

        `(D) that prioritizes, on the basis of the identified highway safety data and traffic records system deficiencies of the State, the highway safety data and traffic records system needs and goals of the State, including the activities under subsection (a);

        `(E) that identifies performance-based measures by which progress toward those goals will be determined; and

        `(F) that specifies how the grant funds and any other funds of the State are to be used to address needs and goals identified in the multiyear plan.

    `(c) Successive Year Grants- A State shall be eligible for a grant under this subsection in a fiscal year succeeding the first fiscal year in which the State receives a grant under subsection (b) if the State--

      `(1) certifies to the Secretary that an assessment or audit of the State's highway safety data and traffic records system has been conducted or updated within the preceding 5 years;

      `(2) certifies to the Secretary that its highway safety data and traffic records coordinating committee continues to operate and supports the multiyear plan;

      `(3) specifies how the grant funds and any other funds of the State are to be used to address needs and goals identified in the multiyear plan;

      `(4) demonstrates to the Secretary measurable progress toward achieving the goals and objectives identified in the multiyear plan; and

      `(5) submits to the Secretary a current report on the progress in implementing the multiyear plan.

    `(d) Grant Amount- Subject to subsection (e)(3), the amount of a year grant made to a State for a fiscal year under this section shall equal the higher of--

      `(1) the amount determined by multiplying--

        `(A) the amount appropriated to carry out this section for such fiscal year, by

        `(B) the ratio that the funds apportioned to the State under section 402 for fiscal year 2003 bears to the funds apportioned to all States under such section for fiscal year 2003; or

      `(2)(A) $300,000 in the case of the first fiscal year a grant is made to a State under this section after the date of enactment of this subparagraph; or

      `(B) $500,000 in the case of a succeeding fiscal year a grant is made to the State under this section after such date of enactment.

    `(e) Additional Requirements and Limitations-

      `(1) MODEL DATA ELEMENTS- The Secretary, in consultation with States and other appropriate parties, shall determine the model data elements that are useful for the observation and analysis of State and national trends in occurrences, rates, outcomes, and circumstances of motor vehicle traffic accidents. In order to be eligible for a grant under this section, a State shall submit to the Secretary a certification that the State has adopted and uses such model data elements, or a certification that the State will use grant funds provided under this section toward adopting and using the maximum number of such model data elements as soon as practicable.

      `(2) DATA ON USE OF ELECTRONIC DEVICES- The model data elements required under paragraph (1) shall include data elements, as determined appropriate by the Secretary, in consultation with the States and appropriate elements of the law enforcement community, on the impact on traffic safety of the use of electronic devices while driving.

      `(3) MAINTENANCE OF EFFORT- No grant may be made to a State under this section in any fiscal year unless the State enters into such agreements with the Secretary as the Secretary may require to ensure that the State will maintain its aggregate expenditures from all other sources for highway safety data programs at or above the average level of such expenditures maintained by such State in the 2 fiscal years preceding the date of enactment of the SAFETEA-LU.

      `(4) FEDERAL SHARE- The Federal share of the cost of adopting and implementing in a fiscal year a State program described in subsection (a) may not exceed 80 percent.

      `(5) LIMITATION ON USE OF GRANT PROCEEDS- A State may use the proceeds of a grant received under this section only to implement the program described in subsection (a) for which the grant is made.

    `(f) Applicability of Chapter 1- Section 402(d) of this title shall apply in the administration of this section.'.

    (b) Clerical Amendment- The analysis for chapter 4 of such title is amended by striking the item relating to section 408 and inserting the following:

`408. State traffic safety information system improvements.'.

SEC. 2007. ALCOHOL-IMPAIRED DRIVING COUNTERMEASURES.

    (a) Maintenance of Effort- Section 410(a)(2) of title 23, United States Code, is amended--

      (1) by striking `under this section' and inserting `under this subsection'; and

      (2) by striking `Transportation Equity Act for the 21st Century' and inserting `SAFETEA-LU'.

    (b) Revised Grant Authority- Section 410 of such title is amended--

      (1) in subsection (a)--

        (A) by striking paragraph (3);

        (B) by redesignating paragraph (4) as paragraph (3); and

        (C) in paragraph (3) (as so redesignated) by striking the second comma following `sixth';

      (2) by redesignating subsections (e) and (f) as subsections (h) and (i), respectively;

      (3) by striking subsections (b) through (d) and inserting the following:

    `(b) Eligibility Requirements- To be eligible for a grant under subsection (a), a State shall--

      `(1) have an alcohol related fatality rate of 0.5 or less per 100,000,000 vehicle miles traveled as of the date of the grant, as determined by the Secretary using the most recent Fatality Analysis Reporting System of the National Highway Traffic Safety Administration; or

      `(2)(A) for fiscal year 2006 by carrying out 3 of the programs and activities under subsection (c);

      `(B) for fiscal year 2007 by carrying out 4 of the programs and activities under subsection (c); or

      `(C) for fiscal years 2008 and 2009 by carrying out 5 of the programs and activities under subsection (c).

    `(c) State Programs and Activities- The programs and activities referred to in subsection (b) are the following:

      `(1) CHECK POINT, SATURATION PATROL PROGRAM- A State program to conduct a series of high visibility, Statewide law enforcement campaigns in which law enforcement personnel monitor for impaired driving, either through the use of sobriety check points or saturation patrols, on a nondiscriminatory, lawful basis for the purpose of determining whether the operators of the motor vehicles are driving while under the influence of alcohol--

        `(A) if the State organizes the campaigns in cooperation with related periodic national campaigns organized by the National Highway Traffic Safety Administration, except that this subparagraph does not preclude a State from initiating sustained high visibility, Statewide law enforcement campaigns independently of the cooperative efforts; and

        `(B) if, for each fiscal year, the State demonstrates to the Secretary that the State and the political subdivisions of the State that receive funds under this section have increased, in the aggregate, the total number of impaired driving law enforcement activities at high incident locations (or any other similar activity approved by the Secretary) initiated in such State during the preceding fiscal year by a factor that the Secretary determines meaningful for the State over the number of such activities initiated in such State during the preceding fiscal year.

      `(2) PROSECUTION AND ADJUDICATION OUTREACH PROGRAM- A State prosecution and adjudication program under which--

        `(A) the State works to reduce the use of diversion programs by educating and informing prosecutors and judges through various outreach methods about the benefits and merits of prosecuting and adjudicating defendants who repeatedly commit impaired driving offenses;

        `(B) the courts in a majority of the judicial jurisdictions of the State are monitored on the courts' adjudication of cases of impaired driving offenses; or

        `(C) annual statewide outreach is provided for judges and prosecutors on innovative approaches to the prosecution and adjudication of cases of impaired driving offenses that have the potential for significantly improving the prosecution and adjudication of such cases.

      `(3) TESTING OF BAC- An effective system for increasing from the previous year the rate of blood alcohol concentration testing of motor vehicle drivers involved in fatal accidents.

      `(4) HIGH RISK DRIVERS- A law that establishes stronger sanctions or additional penalties for individuals convicted of operating a motor vehicle while under the influence of alcohol whose blood alcohol concentration is 0.15 percent or more than for individuals convicted of the same offense but with a lower blood alcohol concentration. For purposes of this paragraph, `additional penalties' includes--

        `(A) a 1 year suspension of a driver's license, but with the individual whose license is suspended becoming eligible after 45 days of such suspension to obtain a provisional driver's license that would permit the individual to drive--

          `(i) only to and from the individual's place of employment or school; and

          `(ii) only in an automobile equipped with a certified alcohol ignition interlock device; and

        `(B) a mandatory assessment by a certified substance abuse official of whether the individual has an alcohol abuse problem with possible referral to counseling if the official determines that such a referral is appropriate.

      `(5) PROGRAMS FOR EFFECTIVE ALCOHOL REHABILITATION AND DWI COURTS- A program for effective inpatient and outpatient alcohol rehabilitation based on mandatory assessment and appropriate treatment for repeat offenders or a program to refer impaired driving cases to courts that specialize in driving while impaired cases that emphasize the close supervision of high-risk offenders.

      `(6) UNDERAGE DRINKING PROGRAM- An effective strategy, as determined by the Secretary, for preventing operators of motor vehicles under age 21 from obtaining alcoholic beverages and for preventing persons from making alcoholic beverages available to individuals under age 21. Such a strategy may include--

        `(A) the issuance of tamper-resistant drivers' licenses to individuals under age 21 that are easily distinguishable in appearance from drivers' licenses issued to individuals age 21 or older; and

        `(B) a program provided by a nonprofit organization for training point of sale personnel concerning, at a minimum--

          `(i) the clinical effects of alcohol;

          `(ii) methods of preventing second party sales of alcohol;

          `(iii) recognizing signs of intoxication;

          `(iv) methods to prevent underage drinking; and

          `(v) Federal, State, and local laws that are relevant to such personnel; and

        `(C) having a law in effect that creates a 0.02 percent blood alcohol content limit for drivers under 21 years old.

      `(7) ADMINISTRATIVE LICENSE REVOCATION- An administrative driver's license suspension or revocation system for individuals who operate motor vehicles while under the influence of alcohol that requires that--

        `(A) in the case of an individual who, in any 5-year period beginning after the date of enactment of the Transportation Equity Act for the 21st Century, is determined on the basis of a chemical test to have been operating a motor vehicle while under the influence of alcohol or is determined to have refused to submit to such a test as proposed by a law enforcement officer, the State agency responsible for administering drivers' licenses, upon receipt of the report of the law enforcement officer--

          `(i) suspend the driver's license of such individual for a period of not less than 90 days if such individual is a first offender in such 5-year period; except that under such suspension an individual may operate a motor vehicle, after the 15-day period beginning on the date of the suspension, to and from employment, school, or an alcohol treatment program if an ignition interlock device is installed on each of the motor vehicles owned or operated, or both, by the individual; and

          `(ii) suspend the driver's license of such individual for a period of not less than 1 year, or revoke such license, if such individual is a repeat offender in such 5-year period; except that such individual to operate a motor vehicle, after the 45-day period beginning on the date of the suspension or revocation, to and from employment, school, or an alcohol treatment program if an ignition interlock device is installed on each of the motor vehicles owned or operated, or both, by the individual; and

        `(B) the suspension and revocation referred to under clause (i) take effect not later than 30 days after the date on which the individual refused to submit to a chemical test or received notice of having been determined to be driving under the influence of alcohol, in accordance with the procedures of the State.

      `(8) SELF SUSTAINING IMPAIRED DRIVING PREVENTION PROGRAM- A program under which a significant portion of the fines or surcharges collected from individuals who are fined for operating a motor vehicle while under the influence of alcohol are returned to communities for comprehensive programs for the prevention of impaired driving.

    `(d) Uses of Grants- Subject to subsection (g)(2), grants made under this section may be used for all programs and activities described in subsection (c), and to defray the following costs:

      `(1) Labor costs, management costs, and equipment procurement costs for the high visibility, Statewide law enforcement campaigns under subsection (c)(1).

      `(2) The costs of the training of law enforcement personnel and the procurement of technology and equipment, including video equipment and passive alcohol sensors, to counter directly impaired operation of motor vehicles.

      `(3) The costs of public awareness, advertising, and educational campaigns that publicize use of sobriety check points or increased law enforcement efforts to counter impaired operation of motor vehicles.

      `(4) The costs of public awareness, advertising, and educational campaigns that target impaired operation of motor vehicles by persons under 34 years of age.

      `(5) The costs of the development and implementation of a State impaired operator information system.

      `(6) The costs of operating programs that result in vehicle forfeiture or impoundment or license plate impoundment.

    `(e) Additional Authorities for Certain Authorized Uses-

      `(1) COMBINATION OF GRANT PROCEEDS- Grant funds used for a campaign under subsection (d)(3) may be combined, or expended in coordination, with proceeds of grants under section 402.

      `(2) COORDINATION OF USES- Grant funds used for a campaign under paragraph (3) or (4) of subsection (d) may be expended--

        `(A) in coordination with employers, schools, entities in the hospitality industry, and nonprofit traffic safety groups; and

        `(B) in coordination with sporting events and concerts and other entertainment events.

    `(f) Allocation- Subject to subsection (g), funds made available to carry out this section shall be allocated among States that meet the eligibility criteria in subsection (b) on the basis of the apportionment formula under section 402(c).

    `(g) Grants to High Fatality Rate States-

      `(1) IN GENERAL- The Secretary shall make a separate grant under this section to each state that--

        `(A) is among the 10 States with the highest impaired driving related fatalities as determined by the Secretary using the most recent Fatality Analysis Reporting System of the National Highway Traffic Safety Administration; and

        `(B) prepares a plan for grant expenditures under this subsection that is approved by the Administrator of the National Highway Traffic Safety Administration.

      `(2) REQUIRED USES- At least one-half of the amounts allocated to States under this subsection may only be used for the program described in subsection (c)(1).

      `(3) ALLOCATION- Funds made available under this subsection shall be allocated among States described in paragraph (1) on the basis of the apportionment formula under section 402(c), except that no State shall be allocated more than 30 percent of the funds made available to carry out this subsection for a fiscal year.

      `(4) FUNDING- Not more than 15 percent per fiscal year of amounts made available to carry out this section for a fiscal year shall be made available by the Secretary for making grants under this subsection.'; and

      (4) by adding at the end of subsection (i) (as redesignated by paragraph (2)) the following:

      `(4) IMPAIRED OPERATOR- The term `impaired operator' means a person who, while operating a motor vehicle

        `(A) has a blood alcohol content of 0.08 percent or higher; or

        `(B) is under the influence of a controlled substance.

      `(5) IMPAIRED DRIVING RELATED FATALITY RATE- The term `impaired driving related fatality rate' means the rate of alcohol related fatalities, as calculated in accordance with regulations which the Administrator of the National Highway Traffic Safety Administration shall prescribe.'.

    (c) NHTSA To Issue Regulations- Not later than 12 months after the date of enactment of this Act, the National Highway Traffic Safety Administration shall issue guidelines to the States specifying the types and formats of data that States should collect relating to drivers who are arrested or convicted for violation of laws prohibiting the impaired operation of motor vehicles.

SEC. 2008. NHTSA ACCOUNTABILITY.

    (a) In General- Chapter 4 of title 23, United States Code, is amended by adding at the end the following:

`Sec. 412. Agency accountability

    `(a) Triennial State Management Reviews- At least once every 3 years the Secretary shall conduct a review of each State highway safety program. The review shall include a management evaluation of all grant programs funded under this chapter. The Secretary shall provide review-based recommendations on how each State could improve the management and oversight of its grant activities and may provide a management and oversight plan for such grant programs.

    `(b) Recommendations Before Submission- In order to provide guidance to State highway safety agencies on matters that should be addressed in the goals and initiatives of the State highway safety program before the program is submitted for review, the Secretary shall provide data-based recommendations to each State at least 90 days before the date on which the program is to be submitted for approval.

    `(c) State Program Review- The Secretary shall--

      `(1) conduct a program improvement review of a highway safety program under this chapter of a State that does not make substantial progress over a 3-year period in meeting its priority program goals; and

      `(2) provide technical assistance and safety program requirements to be incorporated in the State highway safety program for any goal not achieved.

    `(d) Regional Harmonization- The Secretary and the Inspector General of the Department of Transportation shall undertake an administrative review of the practices and procedures of the management reviews and program reviews of State highway safety programs under this chapter conducted by the regional offices of the National Highway Traffic Safety Administration and prepare a written report of best practices and procedures for use by the regional offices in conducting such reviews. The report shall be completed within 180 days after the date of enactment of this section.

    `(e) Best Practices Guidelines-

      `(1) UNIFORM GUIDELINES- The Secretary shall issue uniform management review guidelines and program review guidelines based on the report under subsection (d). Each regional office shall use the guidelines in executing its State administrative review duties under this section.

      `(2) PUBLICATION- The Secretary shall make publicly available on the Web site (or successor electronic facility) of the Administration the following documents upon their completion:

        `(A) The Secretary's management review guidelines and program review guidelines.

        `(B) All State highway safety programs submitted under this chapter.

        `(C) State annual accomplishment reports.

        `(D) The Administration's Summary Report of findings from Management Reviews and Improvement Plans.

      `(3) REPORTS TO STATE HIGHWAY SAFETY AGENCIES- The Secretary may not make publicly available a program, report, or review under paragraph (2) that is directed to a State highway safety agency until after the date on which the program, report, or review is submitted to that agency under this chapter.

    `(f) GAO Review-

      `(1) ANALYSIS- The Comptroller General shall analyze the effectiveness of the Administration's oversight of traffic safety grants under this chapter by determining the usefulness of the Administration's advice to the States regarding administration and State activities under this chapter, the extent to which the States incorporate the Administration's

recommendations into their highway safety programs, and the improvements that result in a State's highway safety program that may be attributable to the Administration's recommendations.

      `(2) REPORT- Not later than the September 30, 2008, the Comptroller General shall submit a report on the results of the analysis to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate..'.

    (b) Clerical Amendment- The analysis for chapter 4 of such title is amended by adding at the end the following:

`412. Agency accountability.'.

SEC. 2009. HIGH VISIBILITY ENFORCEMENT PROGRAM.

    (a) In General- The Administrator of the National Highway Traffic Safety Administration shall establish and administer a program under which at least 2 high-visibility traffic safety law enforcement campaigns will be carried out for the purposes specified in subsection (b) in each of years 2006 through 2009.

    (b) Purpose- The purpose of each law enforcement campaign under this section shall be to achieve either or both of the following objectives:

      (1) Reduce alcohol-impaired or drug-impaired operation of motor vehicles.

      (2) Increase use of seat belts by occupants of motor vehicles.

    (c) Advertising- The Administrator may use, or authorize the use of, funds available to carry out this section to pay for the development, production, and use of broadcast and print media advertising in carrying out traffic safety law enforcement campaigns under this section. Consideration shall be given to advertising directed at non-English speaking populations, including those who listen, read, or watch nontraditional media.

    (d) Coordination With States- The Administrator shall coordinate with the States in carrying out the traffic safety law enforcement campaigns under this section, including advertising funded under subsection (c), with a view to--

      (1) relying on States to provide the law enforcement resources for the campaigns out of funding available under this section and sections 402, 405, 406, and 410 of title 23, United States Code; and

      (2) providing out of National Highway Traffic Safety Administration resources most of the means necessary for national advertising and education efforts associated with the law enforcement campaigns.

    (e) Use of Funds- Funds made available to carry out this section may only be used for activities described in subsections (a), (c), and (f).

    (f) Annual Evaluation- The Secretary shall conduct an annual evaluation of the effectiveness of campaigns referred to in subsection (a).

    (g) State Defined- The term `State' has the meaning such term has under section 401 of title 23, United States Code.

SEC. 2010. MOTORCYCLIST SAFETY.

    (a) Authority To Make Grants- Subject to the requirements of this section, the Secretary shall make grants to States that adopt and implement effective programs to reduce the number of single- and multi-vehicle crashes involving motorcyclists.

    (b) Maintenance of Effort- No grant may be made to a State under this section in a fiscal year unless the State enters into such agreements with the Secretary as the Secretary may require to ensure that the State will maintain its aggregate expenditures from all the other sources for motorcyclist safety training programs and motorcyclist awareness programs at or above the average level of such expenditures in its 2 fiscal years preceding the date of enactment of this Act.

    (c) Allocation- The amount of a grant made to a State for a fiscal year under this section may not be less than $100,000 and may not exceed 25 percent of the amount apportioned to the State for fiscal year 2003 under section 402 of title 23, United States Code.

    (d) Grant Eligibility-

      (1) IN GENERAL- A State becomes eligible for a grant under this section by adopting or demonstrating to the satisfaction of the Secretary--

        (A) for the first fiscal year for which the State will receive a grant under this section, at least 1 of the 6 criteria listed in paragraph (2); and

        (B) for the second, third, and fourth fiscal years for which the State will receive a grant under this section, at least 2 of the 6 criteria listed in paragraph (2).

      (2) CRITERIA- The criteria for eligibility for a grant under this section are the following:

        (A) MOTORCYCLE RIDER TRAINING COURSES- An effective motorcycle rider training course that is offered throughout the State, provides a formal program of instruction in accident avoidance and other safety-oriented operational skills to motorcyclists and that may include innovative training opportunities to meet unique regional needs.

        (B) MOTORCYCLISTS AWARENESS PROGRAM- An effective statewide program to enhance motorist awareness of the presence of motorcyclists on or near roadways and safe driving practices that avoid injuries to motorcyclists.

        (C) REDUCTION OF FATALITIES AND CRASHES INVOLVING MOTORCYCLES- A reduction for the preceding calendar year in the number of motorcycle fatalities and the rate of motor vehicle crashes involving motorcycles in the State (expressed as a function of 10,000 motorcycle registrations).

        (D) IMPAIRED DRIVING PROGRAM- Implementation of a statewide program to reduce impaired driving, including specific measures to reduce impaired motorcycle operation.

        (E) REDUCTION OF FATALITIES AND ACCIDENTS INVOLVING IMPAIRED MOTORCYCLISTS- A reduction for the preceding calendar year in the number of fatalities and the rate of reported crashes involving alcohol- or drug-impaired motorcycle operators (expressed as a function of 10,000 motorcycle registrations).

        (F) FEES COLLECTED FROM MOTORCYCLISTS- All fees collected by the State from motorcyclists for the purposes of funding motorcycle training and safety programs will be used for motorcycle training and safety programs.

    (e) Eligible Uses-

      (1) IN GENERAL- A State may use funds from a grant under this section only for motorcyclist safety training and motorcyclist awareness programs, including--

        (A) improvements to motorcyclist safety training curricula;

        (B) improvements in program delivery of motorcycle training to both urban and rural areas, including--

          (i) procurement or repair of practice motorcycles;

          (ii) instructional materials;

          (iii) mobile training units; and

          (iv) leasing or purchasing facilities for closed-course motorcycle skill training;

        (C) measures designed to increase the recruitment or retention of motorcyclist safety training instructors; and

        (D) public awareness, public service announcements, and other outreach programs to enhance driver awareness of motorcyclists, such as the `share-the-road' safety messages developed under subsection (g).

      (2) SUBALLOCATIONS OF FUNDS- An agency of a State that receives a grant under this section may suballocate funds from the grant to a nonprofit organization incorporated in that State to carry out under this section.

    (f) Definitions- In this section, the following definitions apply:

      (1) MOTORCYCLIST SAFETY TRAINING- The term `motorcyclist safety training' means a formal program of instruction that--

        (A) is approved for use in a State by the designated State authority having jurisdiction over motorcyclist safety issues, which may include the State motorcycle safety administrator or a motorcycle advisory council appointed by the Governor of the State.

      (2) MOTORCYCLIST AWARENESS- The term `motorcyclist awareness' means individual or collective awareness of--

        (A) the presence of motorcycles on or near roadways; and

        (B) safe driving practices that avoid injury to motorcyclists.

      (3) MOTORCYCLIST AWARENESS PROGRAM- The term `motorcyclist awareness program' means an informational or public awareness program designed to enhance motorcyclist awareness that is developed by or in coordination with the designated State authority having jurisdiction over motorcyclist safety issues, which may include the State motorcycle safety administrator or a motorcycle advisory council appointed by the Governor of the State.

      (4) STATE- The term `State' has the same meaning such term has in section 101(a) of title 23, United States Code.

    (g) Share-the-Road Model Language- Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the Administrator of the National Highway Traffic Safety Administration, shall develop and provide to the States model language for use in traffic safety education courses, driver's manuals, and other driver's training materials instructing the drivers of motor vehicles on the importance of sharing the roads safely with motorcyclists.

SEC. 2011. CHILD SAFETY AND CHILD BOOSTER SEAT INCENTIVE GRANTS.

    (a) General Authority- Subject to the requirements of this section, the Secretary shall make grants to States that are enforcing a law requiring that any child riding in a passenger motor vehicle in the State who is too large to be secured in a child safety seat be secured in a child restraint that meets the requirements prescribed by the Secretary under section 3 of Anton's Law (49 U.S.C. 30127 note; 116 Stat. 2772).

    (b) Maintenance of Effort- No grant may be made to a State under this section in a fiscal year unless the State enters into such agreements with the Secretary as the Secretary may require to ensure that the State will maintain its aggregate expenditures from all other sources for child safety seat and child restraint programs at or above the average level of such expenditures in its 2 fiscal years preceding the date of enactment of this Act.

    (c) Federal Share- The Federal share of the costs of activities funded using amounts from grants under this section shall not exceed--

      (1) for the first 3 fiscal years for which a State receives a grant under this section, 75 percent; and

      (2) for the fourth fiscal year for which a State receives a grant under this section, 50 percent.

    (d) Use of Grant Amounts-

      (1) ALLOCATIONS- Of the amounts received by a State in grants under this section for a fiscal year not more than 50 percent shall be used to fund programs for purchasing and distributing child safety seats and child restraints to low-income families.

      (2) REMAINING AMOUNTS- Amounts received by a State in grants under this section, other than amounts subject to paragraph (1), shall be used to carry out child safety seat and and child restraint programs, including the following:

        (A) A program to support enforcement of child restraint laws.

        (B) A program to train child passenger safety professionals, police officers, fire and emergency medical personnel, educators, and parents concerning all aspects of the use of child safety seats and and child restraints.

        (C) A program to educate the public concerning the proper use and installation of child safety seats and and child restraints.

    (e) Grant Amount- The amount of a grant to a State for a fiscal year under this section may not exceed 25 percent of the amount apportioned to the State for fiscal year 2003 under section 402 of title 23, United States Code.

    (f) Applicability of Chapter 1- The provisions contained in section 402(d) of such title shall apply to this section.

    (g) Report- A State that receives a grant under this section shall transmit to the Secretary a report documenting the manner in which the grant amounts were obligated and expended and identifying the specific programs carried out using the grant funds. The report shall be in a form prescribed by the Secretary and may be combined with other State grant reporting requirements under of chapter 4 of title 23, United States Code.

    (h) Definitions- In this section, the following definitions apply:

      (1) CHILD RESTRAINT- The term `child restraint' means any product designed to provide restraint to a child (including booster seats and other products used with a lap and shoulder belt assembly) that meets applicable Federal motor vehicle safety standards prescribed by the National Highway Traffic Safety Administration.

      (2) CHILD SAFETY SEAT- The term `child safety seat' has the meaning such term has in section 405(f) of title 23, United States Code.

      (3) PASSENGER MOTOR VEHICLE- The term `passenger motor vehicle' has the meaning such term has in section 405(f) of such title.

      (4) STATE- The term `State' has the meaning such term has in section 101(a) of such title.

SEC. 2012. SAFETY DATA.

    (a) In General- Using funds made available to carry out section 403 of title 23, United States Code, for fiscal years 2005 through 2009, the Secretary shall collect data and compile statistics on accidents involving motor vehicles being backed up that result in fatalities and injuries and that occur on public and nonpublic roads and residential and commercial driveways and parking facilities.

    (b) Report- Not later than January 1, 2009, the Secretary shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on accidents described in subsection (a), including the data collected and statistics compiled under subsection (a) and any recommendations regarding measures to be taken to reduce the number of such accidents and the resulting fatalities and injuries.

SEC. 2013. DRUG-IMPAIRED DRIVING ENFORCEMENT.

    (a) Illicit Drug- In this section, the term `illicit drug' includes substances listed in schedules I through V of section 112(e) of the Controlled Substances Act (21 U.S.C. 812) not obtained by a legal and valid prescription.

    (b) Duties- The Secretary shall--

      (1) advise and coordinate with other Federal agencies on how to address the problem of driving under the influence of an illegal drug; and

      (2) conduct research on the prevention, detection, and prosecution of driving under the influence of an illegal drug.

    (c) Report-

      (1) IN GENERAL- Not later than 18 months after the date of enactment of this Act, the Secretary, in cooperation with the National Institutes of Health, shall submit to Congress a report on the problem of drug-impaired driving.

      (2) CONTENTS- The report shall include, at a minimum, the following:

        (A) An assessment of methodologies and technologies for measuring driver impairment resulting from use of the most common illicit drugs (including the use of such drugs in combination with alcohol).

        (B) Effective and efficient methods for training law enforcement personnel, including drug recognition experts, to detect or measure the level of impairment of a driver who is under the influence of an illicit drug by the use of technology or otherwise.

        (C) A description of the role of drugs as causal factor in traffic crashes and the extent of the problem of drug-impaired driving.

        (D) A description and assessment of current State and Federal laws relating to drug-impaired driving.

        (E) Recommendations for addressing the problem of drug-impaired driving, including recommendations on levels of impairment.

        (F) Recommendations for developing a model statute relating to drug-impaired driving.

    (d) Model Statute-

      (1) IN GENERAL- The Secretary shall develop a model statute for States relating to drug-impaired driving.

      (2) CONTENTS- Based on recommendations and findings contained in the report submitted under subsection (c), the model statute may include--

        (A) threshold levels of impairment for illicit drugs;

        (B) practicable methods for detecting the presence of illicit drugs; and

        (C) penalties for drug impaired driving.

      (3) DATE- The model statute shall be provided to States not later than 1 year after date of submission of the report under subsection (c).

    (e) Research and Development- Section 403(b) of title 23, United States Code, is amended by adding at the end the following:

      `(5) Technology to detect drug use and enable States to efficiently process toxicology evidence.

      `(6) Research on the effects of illicit drugs and the compound effects of alcohol and illicit drugs on impairment.'.

    (f) Funding- Out of amounts made available to carry out section 403 of title 23, United States Code, for each of fiscal years 2006 through 2009, the Secretary shall make available $1,200,000 for such fiscal year to carry out this section.

SEC. 2014. FIRST RESPONDER VEHICLE SAFETY PROGRAM.

    (a) In General- Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the Administrator of the National Highway Traffic Safety Administration, should--

      (1) develop and implement a comprehensive program to promote compliance with State and local laws intended to increase the safe and efficient operation of first responder vehicles;

      (2) compile a list of best practices by State and local governments to promote compliance with the laws described in paragraph (1);

      (3) analyze State and local laws intended to increase the safe and efficient operation of first responder vehicles; and

      (4) develop model legislation to increase the safe and efficient operation of first responder vehicles.

    (b) Partnerships- The Secretary may enter into partnerships with qualified organizations to carry out this section.

    (c) Public Outreach- The Secretary shall use a variety of public outreach strategies to carry out this section, including public service announcements, publication of informational materials, and posting information on the Internet.

    (d) Authorization of Appropriations- There are authorized to be appropriated to the Secretary such sums as may be necessary to carry out this section for fiscal year 2006.

SEC. 2015. DRIVER PERFORMANCE STUDY.

    (a) In General- Using funds made available to carry out section 403 of title 23, United States Code, for fiscal year 2005, the Secretary shall make $1,000,000 available to conduct a study on the risks associated with glare to oncoming drivers, including increased risks to drivers on 2-lane highways, increased risks to drivers over the age of 50, and the overall effects of glare on driver performance.

    (b) Report- Not later than 18 months after the date of enactment of this Act, the Secretary shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study and any recommendations regarding measures to reduce the risks associated with glare to oncoming drivers.

SEC. 2016. RURAL STATE EMERGENCY MEDICAL SERVICES OPTIMIZATION PILOT PROGRAM.

    (a) In General- From funds made available to carry out section 403 of title 23, United States Code, for fiscal year 2006, the Secretary shall make $1,000,000 available to conduct a pilot program for optimizing emergency medical services in a rural State.

    (b) Collecting Data- The pilot program shall focus on collecting geo-coded data for highway accidents and resulting injuries, analyzing data to develop injury patterns and distributions, and improving placement and management of emergency medical services resources and personnel.

    (c) Selection- The Secretary shall enter into an agreement with the State of Alaska to conduct the pilot program.

    (d) Report- Not later than 12 months after the completion of the pilot program, the Secretary shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the pilot program and recommendations for application to other rural States.

SEC. 2017. OLDER DRIVER SAFETY; LAW ENFORCEMENT TRAINING.

    (a) Improving Older Driver Safety-

      (1) IN GENERAL- Of the funds made available to carry out section 403 of title 23, United States Code, the Secretary shall allocate $1,700,000 for each of fiscal years 2006 through 2009 to conduct a comprehensive research and demonstration program to improve traffic safety pertaining to older drivers.

      (2) ELEMENTS OF PROGRAM- The program shall--

        (A) provide information and guidelines to assist older drivers, physicians, and other related medical personnel, families, licensing agencies, enforcement officers, and various public and transit agencies in enhancing the safety of older drivers;

        (B) improve the scientific basis of medical standards and screenings strategies used in the licensing of all drivers in a non-discriminatory manner;

        (C) conduct field tests to assess the safety benefits and mobility impacts of different driver licensing strategies and driver assessment and rehabilitation methods;

        (D) assess the value and improve the safety potential of driver retraining courses of particular benefit to older drivers; and

        (E) conduct other activities to accomplish the objectives of this section.

      (3) FORMULATION OF PLAN- After consultation with affected parties, the Secretary shall formulate an older driver traffic safety plan to guide the design and implementation of the program.

      (4) SUBMISSION OF PLAN TO CONGRESS- Not later than 1 year after the date of enactment of this Act, the Secretary shall submit the plan to the Committee on Transportation and Infrastructure House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

    (b) Law Enforcement Training-

      (1) REQUIREMENT FOR PROGRAM- The Secretary shall carry out a program to provide guidance and support to law enforcement agencies in police chase techniques that are consistent with the police chase guidelines issued by the International Association of Chiefs of Police.

      (2) AMOUNT FOR PROGRAM- Of the funds made available to carry out section 403 of title 23, United States Code, the Secretary shall allocate $500,000 in each of fiscal years 2006 through 2009 to carry out this subsection.

SEC. 2018. SAFE INTERSECTIONS.

    (a) In General- Chapter 2 of title 18, United States Code, is amended by adding at the end the following:

`Sec. 39. Traffic signal preemption transmitters

    `(a) Offenses-

      `(1) SALE- Whoever, in or affecting interstate or foreign commerce, knowingly sells a traffic signal preemption transmitter to a nonqualifying user shall be fined under this title, or imprisoned not more than 1 year, or both.

      `(2) USE- Whoever, in or affecting interstate or foreign commerce, being a nonqualifying user makes unauthorized use of a traffic signal preemption transmitter shall be fined under this title, or imprisoned not more than 6 months, or both.

    `(b) Definitions- In this section, the following definitions apply:

      `(1) TRAFFIC SIGNAL PREEMPTION TRANSMITTER- The term `traffic signal preemption transmitter' means any mechanism that can change or alter a traffic signal's phase time or sequence.

      `(2) NONQUALIFYING USER- The term `nonqualifying user' means a person who uses a traffic signal preemption transmitter and is not acting on behalf of a public agency or private corporation authorized by law to provide fire protection, law enforcement, emergency medical services, transit services, maintenance, or other services for a Federal, State, or local government entity, but does not include a person using a traffic signal preemption transmitter for classroom or instructional purposes.'.

    (b) Clerical Amendment- The analysis for such chapter is amended by adding at the end the following:

`39. Traffic signal preemption transmitters.'.

SEC. 2019. NATIONAL HIGHWAY SAFETY ADVISORY COMMITTEE TECHNICAL CORRECTION.

    Section 404(d) of title 23, United States Code, is amended by striking `Commerce' and inserting `Transportation'.

SEC. 2020. PRESIDENTIAL COMMISSION ON ALCOHOL-IMPAIRED DRIVING.

    (a) Findings- Congress finds that--

      (1) there has been considerable progress over the past 25 years in reducing the number and rate of alcohol-related highway facilities;

      (2) the National Highway Traffic Safety Administration projects that fatalities in alcohol-related crashes declined in 2003 for the 2nd year in a row;

      (3) in spite of this progress, an estimated 17,013 Americans died in 2003, in alcohol-related crashes;

      (4) these fatalities comprise 40 percent of the annual total highway fatalities;

      (5) about 250,000 are injured each year in alcohol-related crashes;

      (6) the past 2 years of decreasing alcohol-related fatalities follows a 3-year increase;

      (7) alcohol-impaired driving is the Nation's most frequently committed violent crime;

      (8) the annual cost of alcohol-related crashes is over $100,000,000,000, including $9,000,000,000 in costs to employers;

      (9) a Presidential Commission on Alcohol Impaired Driving in 1982 and 1983 helped to lead to substantial progress on this issue; and

      (10) these facts point to the need to renew the national commitment to preventing these deaths and injuries.

    (b) Sense of the Congress- It is 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--

      (1) comprised of representatives of--

        (A) State and local governments, including State legislators;

        (B) law enforcement;

        (C) traffic safety experts, including researchers;

        (D) victims of alcohol-related crashes;

        (E) affected industries, including the alcohol, insurance, motorcycle, and auto industries;

        (F) the business community;

        (G) labor;

        (H) the medical community;

        (I) public health; and

        (J) Members of Congress; and

      (2) that not later than September 30, 2006, would--

        (A) conduct a full examination of alcohol-impaired driving issues; and

        (B) make recommendations for a broad range of policy and program changes that would serve to further reduce the level of deaths and injuries caused by alcohol impaired driving.

SEC. 2021. SENSE OF THE CONGRESS IN SUPPORT OF INCREASED PUBLIC AWARENESS OF BLOOD ALCOHOL CONCENTRATION LEVELS AND DANGERS OF ALCOHOL-IMPAIRED DRIVING.

    (a) Findings- Congress finds that--

      (1) in 2003--

        (A) 17,013 Americans died in alcohol-related traffic crashes;

        (B) 40 percent of the persons killed in traffic crashes died in alcohol-related crashes; and

        (C) drivers with blood alcohol concentration levels over 0.15 were involved in 58 percent of alcohol-related traffic fatalities;

      (2) research shows that 77 percent of Americans think they have received enough information about alcohol-impaired driving and the way in which alcohol affects individual blood alcohol levels; and

      (3) only 28 percent of the American public can correctly identify the legal limit of blood alcohol concentration of the State in which they reside.

    (b) Sense of Congress- It is the sense of Congress that the National Highway Traffic Safety Administration should work with State and local governments and independent organizations to increase public awareness of--

      (1) State legal limits on blood alcohol concentration levels; and

      (2) the dangers of alcohol-impaired driving.

SEC. 2022. EFFECTIVE DATE.

    Sections 2002 through 2007 of this title (and the amendments and repeals made by such sections) shall take effect October 1, 2005.

TITLE III--PUBLIC TRANSPORTATION

SEC. 3001. SHORT TITLE.

    This title may be cited as the `Federal Public Transportation Act of 2005'.

SEC. 3002. AMENDMENTS TO TITLE 49, UNITED STATES CODE; UPDATED TERMINOLOGY.

    (a) Amendments to Title 49- Except as otherwise specifically provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision of law, the reference shall be considered to be made to a section or other provision of title 49, United States Code.

    (b) Updated Terminology- Chapter 53 is amended--

      (1) in the chapter heading by striking `MASS' and inserting `PUBLIC';

      (2) in section 5310(h) by striking `Mass' and inserting `Public';

      (3) in the subsection heading for section 5331(b) by striking `Mass' and inserting `Public'; and

      (4) by striking `mass' each place the term appears before `transportation' and inserting `public', except in sections 5301(f), 5302(a)(7), 5315, and 5323(a)(1).

    (c) Table of Chapters- The table of chapters for subtitle III is amended in the item relating to chapter 53 by striking `Mass' and inserting `Public'.

SEC. 3003. POLICIES, FINDINGS, AND PURPOSES.

    (a) In General- Section 5301(a) is amended to read as follows:

    `(a) Development and Revitalization of Public Transportation Systems- It is in the interest of the United States, including its economic interest, to foster the development and revitalization of public transportation systems that--

      `(1) maximize the safe, secure, and efficient mobility of individuals;

      `(2) minimize environmental impacts; and

      `(3) minimize transportation-related fuel consumption and reliance on foreign oil.'.

    (b) General Findings- Section 5301(b)(1) is amended--

      (1) by striking `70 percent' and inserting `two-thirds'; and

      (2) by striking `urban areas' and inserting `urbanized areas'.

    (c) Preserving the Environment- Section 5301(e) is amended--

      (1) by striking `an urban' and inserting `a'; and

      (2) by striking `under sections 5309 and 5310 of this title'.

    (d) General Purposes- Section 5301(f) is amended--

      (1) in paragraph (1)--

        (A) by striking `mass' the first place it appears and inserting `public'; and

        (B) by striking `public and private mass transportation companies' and inserting `both public transportation companies and private companies engaged in public transportation';

      (2) in paragraph (2)--

        (A) by striking `urban mass' and inserting `public'; and

        (B) by striking `public and private mass transportation companies' and inserting `both public transportation companies and private companies engaged in public transportation';

      (3) in paragraph (3)--

        (A) by striking `urban mass' and inserting `public'; and

        (B) by striking `public or private mass transportation companies' and inserting `public transportation companies or private companies engaged in public transportation'; and

      (4) in paragraph (5) by striking `urban mass' and inserting `public'.

SEC. 3004. DEFINITIONS.

    (a) Lead-In- Section 5302(a) is amended in the matter preceding paragraph (1) by striking `In this chapter' and inserting `Except as otherwise specifically provided, in this chapter'.

    (b) Capital Project- Section 5302(a)(1) is amended--

      (1) in subparagraph (G) by inserting `construction, renovation, and improvement of intercity bus and intercity rail stations and terminals,' before `and the renovation and improvement of historic transportation facilities,';

      (2) in subparagraph (G)(ii) by inserting `(other than an intercity bus station or terminal)' after `commercial revenue-producing facility';

      (3) in subparagraph (H) by striking `or' at the end;

      (4) in subparagraph (I) by striking the period at the end and inserting a semicolon; and

      (5) by adding at the end the following:

        `(J) crime prevention and security--

          `(i) including--

            `(I) projects to refine and develop security and emergency response plans;

            `(II) projects aimed at detecting chemical and biological agents in public transportation;

            `(III) the conduct of emergency response drills with public transportation agencies and local first response agencies; and

            `(IV) security training for public transportation employees; but

          `(ii) excluding all expenses related to operations, other than such expenses incurred in conducting activities described in clauses (i)(III) and (i)(IV);

        `(K) establishing a debt service reserve, made up of deposits with a bondholder's trustee, to ensure the timely payment of principal and interest on bonds issued by a grant recipient to finance an eligible project under this chapter; or

        `(L) mobility management--

          `(i) consisting of short-range planning and management activities and projects for improving coordination among public transportation and other transportation service providers carried out by a recipient or subrecipient through an agreement entered into with a person, including a governmental entity, under this chapter (other than section 5309); but

          `(ii) excluding operating public transportation services.'.

    (c) Individual With a Disability- Section 5302(a)(5) is amended--

      (1) in the paragraph heading by striking `HANDICAPPED INDIVIDUAL' and inserting `INDIVIDUAL WITH A DISABILITY'; and

      (2) by striking `handicapped individual' and inserting `individual with a disability'.

    (d) Mass Transportation- Section 5302(a)(7) is amended to read as follows:

      `(7) MASS TRANSPORTATION- The term `mass transportation' means public transportation.'.

    (e) Public Transportation- Section 5302(a)(10) is amended to read as follows:

      `(10) PUBLIC TRANSPORTATION- The term `public transportation' means transportation by a conveyance that provides regular and continuing general or special transportation to the public, but does not include schoolbus, charter, or intercity bus transportation or intercity passenger rail transportation provided by the entity described in chapter 243 (or a successor to such entity).'.

    (f) Urbanized Area- Section 5302(a)(17) is amended to read as follows:

      `(17) URBANIZED AREA- The term `urbanized area' means an area encompassing a population of not less than 50,000 people that has been defined and designated in the most recent decennial census as an `urbanized area' by the Secretary of Commerce.'.

    (g) Authority To Modify Definition- Section 5302(b) is amended--

      (1) in the subsection heading by striking `Handicapped Individual' and inserting `Individual With a Disability'; and

      (2) by striking `handicapped individual' and inserting `individual with a disability'.

SEC. 3005. METROPOLITAN TRANSPORTATION PLANNING.

    (a) In General- Section 5303 is amended to read as follows:

`Sec. 5303. Metropolitan transportation planning

    `(a) Policy- It is in the national interest to--

      `(1) encourage and promote the safe and efficient management, operation, and development of surface transportation systems that will serve the mobility needs of people and freight and foster economic growth and development within and between States and urbanized areas, while minimizing transportation-related fuel consumption and air pollution through metropolitan and statewide transportation planning processes identified in this chapter; and

      `(2) encourage the continued improvement and evolution of the metropolitan and statewide transportation planning processes by metropolitan planning organizations, State departments of transportation, and public transit operators as guided by the planning factors identified in subsection (h) and section 5304(d).

    `(b) Definitions- In this section and section 5304, the following definitions apply:

      `(1) METROPOLITAN PLANNING AREA- The term `metropolitan planning area' means the geographic area determined by agreement between the metropolitan planning organization for the area and the Governor under subsection (e).

      `(2) METROPOLITAN PLANNING ORGANIZATION- The term `metropolitan planning organization' means the policy board of an organization created as a result of the designation process in subsection (d).

      `(3) NONMETROPOLITAN AREA- The term `nonmetropolitan area' means a geographic area outside a designated metropolitan planning area.

      `(4) NONMETROPOLITAN LOCAL OFFICIAL- The term `nonmetropolitan local official' means elected and appointed officials of general purpose local government in a nonmetropolitan area with responsibility for transportation.

      `(5) TIP- The term `TIP' means a transportation improvement program developed by a metropolitan planning organization under subsection (j).

      `(6) URBANIZED AREA- The term `urbanized area' means a geographic area with a population of 50,000 or more, as designated by the Bureau of the Census.

    `(c) General Requirements-

      `(1) DEVELOPMENT OF LONG-RANGE PLANS AND TIPS- To accomplish the objectives in subsection (a), metropolitan planning organizations designated under subsection (d), in cooperation with the State and public transportation operators, shall develop long-range transportation plans and transportation improvement programs for metropolitan planning areas of the State.

      `(2) CONTENTS- The plans and TIPs for each metropolitan area shall provide for the development and integrated management and operation of transportation systems and facilities (including accessible pedestrian walkways and bicycle transportation facilities) that will function as an intermodal transportation system for the metropolitan planning area and as an integral part of an intermodal transportation system for the State and the United States.

      `(3) PROCESS OF DEVELOPMENT- The process for developing the plans and TIPs shall provide for consideration of all modes of transportation and shall be continuing, cooperative, and comprehensive to the degree appropriate, based on the complexity of the transportation problems to be addressed.

    `(d) Designation of Metropolitan Planning Organizations-

      `(1) IN GENERAL- To carry out the transportation planning process required by this section, a metropolitan planning organization shall be designated for each urbanized area with a population of more than 50,000 individuals--

        `(A) 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 (based on population) as named by the Bureau of the Census); or

        `(B) in accordance with procedures established by applicable State or local law.

      `(2) STRUCTURE- Each metropolitan planning organization that serves an area designated as a transportation management area, when designated or redesignated under this subsection, shall consist of--

        `(A) local elected officials;

        `(B) officials of public agencies that administer or operate major modes of transportation in the metropolitan area; and

        `(C) appropriate State officials.

      `(3) LIMITATION ON STATUTORY CONSTRUCTION- Nothing in this subsection shall be construed to interfere with the authority, under any State law in effect on December 18, 1991, of a public agency with multimodal transportation responsibilities to--

        `(A) develop the plans and TIPs for adoption by a metropolitan planning organization; and

        `(B) develop long-range capital plans, coordinate transit services and projects, and carry out other activities pursuant to State law.

      `(4) CONTINUING DESIGNATION- A designation of a metropolitan planning organization under this subsection or any other provision of law shall remain in effect until the metropolitan planning organization is redesignated under paragraph (5).

      `(5) REDESIGNATION PROCEDURES- A metropolitan planning organization may be redesignated by agreement between the Governor and units of general purpose local government that together represent at least 75 percent of the existing planning area population (including the largest incorporated city (based on population) as named by the Bureau of the Census) as appropriate to carry out this section.

      `(6) DESIGNATION OF MORE THAN 1 METROPOLITAN PLANNING ORGANIZATION- More than 1 metropolitan planning organization may be

designated within an existing metropolitan planning area only if the Governor and the existing metropolitan planning organization determine that the size and complexity of the existing metropolitan planning area make designation of more than 1 metropolitan planning organization for the area appropriate.

    `(e) Metropolitan Planning Area Boundaries-

      `(1) IN GENERAL- For the purposes of this section, the boundaries of a metropolitan planning area shall be determined by agreement between the metropolitan planning organization and the Governor.

      `(2) INCLUDED AREA- Each metropolitan planning area--

        `(A) shall encompass at least the existing urbanized area and the contiguous area expected to become urbanized within a 20-year forecast period for the transportation plan; and

        `(B) may encompass the entire metropolitan statistical area or consolidated metropolitan statistical area, as defined by the Bureau of the Census.

      `(3) IDENTIFICATION OF NEW URBANIZED AREAS WITHIN EXISTING PLANNING AREA BOUNDARIES- The designation by the Bureau of the Census of new urbanized areas within an existing metropolitan planning area shall not require the redesignation of the existing metropolitan planning organization.

      `(4) EXISTING METROPOLITAN PLANNING AREAS IN NONATTAINMENT- Notwithstanding paragraph (2), in the case of an urbanized area des

ignated as a nonattainment area for ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.) as of the date of enactment of the Federal Public Transportation Act of 2005, the boundaries of the metropolitan planning area in existence as of such date of enactment shall be retained; except that the boundaries may be adjusted by agreement of the Governor and affected metropolitan planning organizations in the manner described in subsection (d)(5).

      `(5) NEW METROPOLITAN PLANNING AREAS IN NONATTAINMENT- In the case of an urbanized area designated after the date of enactment of the Federal Public Transportation Act of 2005 as a nonattainment area for ozone or carbon monoxide, the boundaries of the metropolitan planning area--

        `(A) shall be established in the manner described in subsection (d)(1);

        `(B) shall encompass the areas described in paragraph (2)(A);

        `(C) may encompass the areas described in paragraph (2)(B); and

        `(D) may address any nonattainment area identified under the Clean Air Act for ozone or carbon monoxide.

    `(f) Coordination in Multistate Areas-

      `(1) IN GENERAL- The Secretary shall encourage each Governor with responsibility for a portion of a multistate metropolitan area and the appropriate metropolitan planning organizations to provide coordinated transportation planning for the entire metropolitan area.

      `(2) INTERSTATE COMPACTS- The consent of Congress is granted to any 2 or more States--

        `(A) to enter into agreements or compacts, not in conflict with any law of the United States, for cooperative efforts and mutual assistance in support of activities authorized under this section as the activities pertain to interstate areas and localities within the States; and

        `(B) to establish such agencies, joint or otherwise, as the States may determine desirable for making the agreements and compacts effective.

      `(3) LAKE TAHOE REGION-

        `(A) DEFINITION- In this paragraph, the term `Lake Tahoe region' has the meaning given the term `region' in subdivision (a) of article II of the Tahoe Regional Planning Compact, as set forth in the first section of Public Law 96-551 (94 Stat. 3234).

        `(B) TRANSPORTATION PLANNING PROCESS- The Secretary shall--

          `(i) establish with the Federal land management agencies that have jurisdiction over land in the Lake Tahoe region a transportation planning process for the region; and

          `(ii) coordinate the transportation planning process with the planning process required of State and local governments under this section and section 5304.

        `(C) INTERSTATE COMPACT-

          `(i) IN GENERAL- Subject to clause (ii), and notwithstanding subsection (b), to carry out the transportation planning process required by this section, the consent of Congress is granted to the States of California and Nevada to designate a metropolitan planning organization for the Lake Tahoe region, by agreement between the Governors of the States of California and Nevada and units of general purpose local government that together represent at least 75 percent of the affected population (including the central city or cities (as defined by the Bureau of the Census)), or in accordance with procedures established by applicable State or local law.

          `(ii) INVOLVEMENT OF FEDERAL LAND MANAGEMENT AGENCIES-

            `(I) REPRESENTATION- The policy board of a metropolitan planning organization designated under clause (i) shall include a representative of each Federal land management agency that has jurisdiction over land in the Lake Tahoe region.

            `(II) FUNDING- In addition to funds made available to the metropolitan planning organization for the Lake Tahoe region under other provisions of this chapter and title 23, 1 percent of the funds allocated under section 202 of title 23 shall be used to carry out the transportation planning process for the Lake Tahoe region under this subparagraph.

        `(D) ACTIVITIES- Highway projects included in transportation plans developed under this paragraph--

          `(i) shall be selected for funding in a manner that facilitates the participation of the Federal land management agencies that have jurisdiction over land in the Lake Tahoe region; and

          `(ii) may, in accordance with chapter 2 of title 23, be funded using funds allocated under section 202 of such title.

      `(4) RESERVATION OF RIGHTS- The right to alter, amend, or repeal interstate compacts entered into under this subsection is expressly reserved.

    `(g) MPO Consultation in Plan and TIP Coordination-

      `(1) NONATTAINMENT AREAS- If more than 1 metropolitan planning organization has authority within a metropolitan area or an area which is

designated as a nonattainment area for ozone or carbon monoxide under the Clean Air Act, each metropolitan planning organization shall consult with the other metropolitan planning organizations designated for such area and the State in the coordination of plans and TIPs required by this section.

      `(2) TRANSPORTATION IMPROVEMENTS LOCATED IN MULTIPLE MPOS- If a transportation improvement, funded from the Highway Trust Fund or authorized under this chapter, is located within the boundaries of more than 1 metropolitan planning area, the metropolitan planning organizations shall coordinate plans and TIPs regarding the transportation improvement.

      `(3) RELATIONSHIP WITH OTHER PLANNING OFFICIALS- The Secretary shall encourage each metropolitan planning organization to consult with officials responsible for other types of planning activities that are affected by transportation in the area (including State and local planned growth, economic development, environmental protection, airport operations, and freight movements) or to coordinate its planning process, to the maximum extent practicable, with such planning activities. Under the metropolitan planning process, transportation plans and TIPs shall be developed with due consideration of other related planning activities within the metropolitan area, and the process shall provide for the design and delivery of transportation services within the metropolitan area that are provided by--

        `(A) recipients of assistance under this chapter;

        `(B) governmental agencies and nonprofit organizations (including representatives of the agencies and organizations) that receive Federal assistance from a source other than the Department of Transportation to provide nonemergency transportation services; and

        `(C) recipients of assistance under section 204 of title 23.

    `(h) Scope of Planning Process-

      `(1) IN GENERAL- The metropolitan planning process for a metropolitan planning area under this section shall provide for consideration of projects and strategies that will--

        `(A) support the economic vitality of the metropolitan area, especially by enabling global competitiveness, productivity, and efficiency;

        `(B) increase the safety of the transportation system for motorized and nonmotorized users;

        `(C) increase the security of the transportation system for motorized and nonmotorized users;

        `(D) increase the accessibility and mobility of people and for freight;

        `(E) protect and enhance the environment, promote energy conservation, improve the quality of life, and promote consistency between transportation improvements and State and local planned growth and economic development patterns;

        `(F) enhance the integration and connectivity of the transportation system, across and between modes, for people and freight;

        `(G) promote efficient system management and operation; and

        `(H) emphasize the preservation of the existing transportation system.

      `(2) FAILURE TO CONSIDER FACTORS- The failure to consider any factor specified in paragraph (1) shall not be reviewable by any court under this chapter, title 23, subchapter II of chapter 5 of title 5, or chapter 7 of title 5 in any matter affecting a transportation plan, a TIP, a project or strategy, or the certification of a planning process.

    `(i) Development of Transportation Plan-

      `(1) IN GENERAL- Each metropolitan planning organization shall prepare a transportation plan for its metropolitan planning area in accordance with the requirements of this subsection. The metropolitan planning organization shall prepare and update such plan every 4 years (or more frequently, if the metropolitan planning organization elects to update more frequently) in the case of each of the following:

        `(A) Any area designated as nonattainment, as defined in section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)).

        `(B) Any area that was nonattainment and subsequently designated to attainment in accordance with section 107(d)(3) of that Act (42 U.S.C. 7407(d)(3)) and that is subject to a maintenance plan under section 175A of that Act (42 U.S.C. 7505a).

      In the case of any other area required to have a transportation plan in accordance with the requirements of this subsection, the metropolitan planning organization shall prepare and update such plan every 5 years unless the metropolitan planning organization elects to update more frequently.

      `(2) TRANSPORTATION PLAN- A transportation plan under this section shall be in a form that the Secretary determines to be appropriate and shall contain, at a minimum, the following:

        `(A) IDENTIFICATION OF TRANSPORTATION FACILITIES- An identification of transportation facilities (including major roadways, transit, multimodal and intermodal facilities, and intermodal connectors) that should function as an integrated metropolitan transportation system, giving emphasis to those facilities that serve important national and regional transportation functions. In formulating the transportation plan, the metropolitan planning organization shall consider factors described in subsection (h) as such factors relate to a 20-year forecast period.

        `(B) MITIGATION ACTIVITIES-

          `(i) IN GENERAL- A long-range transportation plan shall include a discussion of types of potential environmental mitigation activities and potential areas to carry out these activities, including activities that may have the greatest potential to restore and maintain the environmental functions affected by the plan.

          `(ii) CONSULTATION- The discussion shall be developed in consultation with Federal, State, and tribal wildlife, land management, and regulatory agencies.

        `(C) FINANCIAL PLAN- A financial plan that demonstrates how the adopted transportation plan can be implemented, indicates resources from public and private sources that are reasonably expected to be made available to carry out the plan, and recommends any additional financing strategies for needed projects and programs. The financial plan may include, for illustrative purposes, additional projects that would be included in the adopted transportation plan if reasonable additional resources beyond those identified in the financial plan were available. For the purpose of developing the transportation plan, the metropolitan planning organization, transit operator, and State shall cooperatively develop estimates of funds that will be available to support plan implementation.

        `(D) OPERATIONAL AND MANAGEMENT STRATEGIES- Operational and management strategies to improve the performance of existing transportation facilities to relieve vehicular congestion and maximize the safety and mobility of people and goods.

        `(E) CAPITAL INVESTMENT AND OTHER STRATEGIES- Capital investment and other strategies to preserve the existing and projected future metropolitan transportation infrastructure and provide for multimodal capacity increases based on regional priorities and needs.

        `(F) TRANSPORTATION AND TRANSIT ENHANCEMENT ACTIVITIES- Proposed transportation and transit enhancement activities.

      `(3) COORDINATION WITH CLEAN AIR ACT AGENCIES- In metropolitan areas which are in nonattainment for ozone or carbon monoxide under the Clean Air Act, the metropolitan planning organization shall coordinate the development of a transportation plan with the process for development of the transportation control measures of the State implementation plan required by the Clean Air Act.

      `(4) CONSULTATION-

        `(A) IN GENERAL- In each metropolitan area, the metropolitan planning organization shall consult, as appropriate, with State and local agencies responsible for land use management, natural resources, environmental protection, conservation, and historic preservation concerning the development of a long-range transportation plan.

        `(B) ISSUES- The consultation shall involve, as appropriate--

          `(i) comparison of transportation plans with State conservation plans or maps, if available; or

          `(ii) comparison of transportation plans to inventories of natural or historic resources, if available.

      `(5) PARTICIPATION BY INTERESTED PARTIES-

        `(A) IN GENERAL- Each metropolitan planning organization shall provide citizens, affected public agencies, representatives of public transportation employees, freight shippers, providers of freight transportation services, private providers of transportation, representatives of users of public transportation, representatives of users of pedestrian walkways and bicycle transportation facilities, representatives of the disabled, and other interested parties with a reasonable opportunity to comment on the transportation plan.

        `(B) CONTENTS OF PARTICIPATION PLAN- A participation plan--

          `(i) shall be developed in consultation with all interested parties; and

          `(ii) shall provide that all interested parties have reasonable opportunities to comment on the contents of the transportation plan.

        `(C) METHODS- In carrying out subparagraph (A), the metropolitan planning organization shall, to the maximum extent practicable--

          `(i) hold any public meetings at convenient and accessible locations and times;

          `(ii) employ visualization techniques to describe plans; and

          `(iii) make public information available in electronically accessible format and means, such as the World Wide Web, as appropriate to afford reasonable opportunity for consideration of public information under subparagraph (A).

      `(6) PUBLICATION- A transportation plan involving Federal participation shall be published or otherwise made readily available by the metropolitan planning organization for public review, including (to the maximum extent practicable) in electronically accessible formats and means, such as the World Wide Web, approved by the metropolitan planning organization and submitted for information purposes to the Governor at such times and in such manner as the Secretary shall establish.

      `(7) SELECTION OF PROJECTS FROM ILLUSTRATIVE LIST- Notwithstanding paragraph (2)(C), a State or metropolitan planning organization shall not be required to select any project from the illustrative list of additional projects included in the financial plan under paragraph (2)(C).

    `(j) Metropolitan Tip-

      `(1) DEVELOPMENT-

        `(A) IN GENERAL- In cooperation with the State and any affected public transportation operator, the metropolitan planning organization designated for a metropolitan area shall develop a TIP for the area for which the organization is designated.

        `(B) OPPORTUNITY FOR COMMENT- In developing the TIP, the metropolitan planning organization, in cooperation with the State and any affected public transportation operator, shall provide an opportunity for participation by interested parties in the development of the program, in accordance with subsection (i)(5).

        `(C) FUNDING ESTIMATES- For the purpose of developing the TIP, the metropolitan planning organization, public transportation agency, and State shall cooperatively develop estimates of funds that are reasonably expected to be available to support program implementation.

        `(D) UPDATING AND APPROVAL- The TIP shall be updated at least once every 4 years and shall be approved by the metropolitan planning organization and the Governor.

      `(2) CONTENTS-

        `(A) PRIORITY LIST- The TIP shall include a priority list of proposed federally supported projects and strategies to be carried out within each 4-year period after the initial adoption of the TIP.

        `(B) FINANCIAL PLAN- The TIP shall include a financial plan that--

          `(i) demonstrates how the TIP can be implemented;

          `(ii) indicates resources from public and private sources that are reasonably expected to be available to carry out the program;

          `(iii) identifies innovative financing techniques to finance projects, programs, and strategies; and

          `(iv) may include, for illustrative purposes, additional projects that would be included in the approved TIP if reasonable additional resources beyond those identified in the financial plan were available.

        `(C) DESCRIPTIONS- Each project in the TIP shall include sufficient descriptive material (such as type of work, termini, length, and other similar factors) to identify the project or phase of the project.

      `(3) INCLUDED PROJECTS-

        `(A) PROJECTS UNDER THIS CHAPTER AND TITLE 23- A TIP developed under this subsection for a metropolitan area shall include the projects within the area that are proposed for funding under this chapter and chapter 1 of title 23.

        `(B) PROJECTS UNDER CHAPTER 2 OF TITLE 23-

          `(i) REGIONALLY SIGNIFICANT PROJECTS- Regionally significant projects proposed for funding under chapter 2 of title 23 shall be identified individually in the transportation improvement program.

          `(ii) OTHER PROJECTS- Projects proposed for funding under chapter 2 of title 23 that are not determined to be regionally significant shall be grouped in 1 line item or identified individually in the transportation improvement program.

        `(C) CONSISTENCY WITH LONG-RANGE TRANSPORTATION PLAN- Each project shall be consistent with the long-range transportation plan developed under subsection (i) for the area.

        `(D) REQUIREMENT OF ANTICIPATED FULL FUNDING- The program shall include a project, or an identified phase of a project, only if full funding can reasonably be anticipated to be available for the project within the time period contemplated for completion of the project.

      `(4) NOTICE AND COMMENT- Before approving a TIP, a metropolitan planning organization, in cooperation with the State and any affected public transportation operator, shall provide an opportunity for participation by interested parties in the development of the program, in accordance with subsection (i)(5).

      `(5) SELECTION OF PROJECTS-

        `(A) IN GENERAL- Except as otherwise provided in subsection (k)(4) and in addition to the TIP development required under paragraph (1), the selection of federally funded projects in metropolitan areas shall be carried out, from the approved TIP--

          `(i) by--

            `(I) in the case of projects under title 23, the State; and

            `(II) in the case of projects under this chapter, the designated recipients of public transportation funding; and

          `(ii) in cooperation with the metropolitan planning organization.

        `(B) MODIFICATIONS TO PROJECT PRIORITY- Notwithstanding any other provision of law, action by the Secretary shall not be required to advance a project included in the approved TIP in place of another project in the program.

      `(6) SELECTION OF PROJECTS FROM ILLUSTRATIVE LIST-

        `(A) NO REQUIRED SELECTION- Notwithstanding paragraph (2)(B)(iv), a State or metropolitan planning organization shall not be required to select any project from the illustrative list of additional projects included in the financial plan under paragraph (2)(B)(iv).

        `(B) REQUIRED ACTION BY THE SECRETARY- Action by the Secretary shall be required for a State or metropolitan planning organization to select any project from the illustrative list of additional projects included in the financial plan under paragraph (2)(B)(iv) for inclusion in an approved TIP.

      `(7) PUBLICATION-

        `(A) PUBLICATION OF TIPS- A TIP involving Federal participation shall be published or otherwise made readily available by the metropolitan planning organization for public review.

        `(B) PUBLICATION OF ANNUAL LISTINGS OF PROJECTS- An annual listing of projects, including investments in pedestrian walkways and bicycle transportation facilities, for which Federal funds have been obligated in the preceding year shall be published or otherwise made available by the cooperative effort of the State, transit operator, and metropolitan planning organization for public review. The listing shall be consistent with the categories identified in the TIP.

        `(C) RULEMAKING- Not later than 180 days after the date of enactment of the Federal Public Transportation Act of 2005, the Secretary shall issue regulations setting standards for the listing required by subparagraph (B) and specifying the types of data to be included in such list, including sufficient information about each project to identify its type, location, and amount obligated.

    `(k) Transportation Management Areas-

      `(1) IDENTIFICATION AND DESIGNATION-

        `(A) REQUIRED IDENTIFICATION- The Secretary shall identify as a transportation management area each urbanized area (as defined by the Bureau of the Census) with a population of over 200,000 individuals.

        `(B) DESIGNATIONS ON REQUEST- The Secretary shall designate any additional area as a transportation management area on the request of the Governor and the metropolitan planning organization designated for the area.

      `(2) TRANSPORTATION PLANS- In a metropolitan planning area serving a transportation management area, transportation plans shall be based on a continuing and comprehensive transportation planning process carried out by the metropolitan planning organization in cooperation with the State and public transportation operators.

      `(3) CONGESTION MANAGEMENT PROCESS- Within a metropolitan planning area serving a transportation management area, the transportation planning process under this section shall address congestion management through a process that provides for effective management and operation, based on a cooperatively developed and implemented metropolitan-wide strategy, of new and existing transportation facilities eligible for funding under this chapter and title 23 through the use of travel demand reduction and operational management strategies. The Secretary shall establish an appropriate phase-in schedule for compliance with the requirements of this section but no sooner than one year after the identification of a transportation management area.

      `(4) SELECTION OF PROJECTS-

        `(A) IN GENERAL- All federally funded projects carried out within the boundaries of a metropolitan planning area serving a transportation management area under title 23 (excluding projects carried out on the National Highway System and projects carried out under the bridge program or the Interstate maintenance program) or under this chapter shall be selected for implementation from the approved TIP by the metropolitan planning organization designated for the area in consultation with the State and any affected public transportation operator.

        `(B) NATIONAL HIGHWAY SYSTEM PROJECTS- Projects carried out within the boundaries of a metropolitan planning area serving a transportation management area on the National Highway System and projects carried out within such boundaries under the bridge program or the Interstate maintenance program under title 23 shall be selected for implementation from the approved TIP by the State in cooperation with the metropolitan planning organization designated for the area.

      `(5) CERTIFICATION-

        `(A) IN GENERAL- The Secretary shall--

          `(i) ensure that the metropolitan planning process of a metropolitan planning organization serving a transportation management area is being carried out in accordance with applicable provisions of Federal law; and

          `(ii) subject to subparagraph (B), certify, not less often than once every 4 years, that the requirements of this paragraph are met with respect to the metropolitan planning process.

        `(B) REQUIREMENTS FOR CERTIFICATION- The Secretary may make the certification under subparagraph (A) if--

          `(i) the transportation planning process complies with the requirements of this section and other applicable requirements of Federal law; and

          `(ii) there is a TIP for the metropolitan planning area that has been approved by the metropolitan planning organization and the Governor.

        `(C) EFFECT OF FAILURE TO CERTIFY-

          `(i) WITHHOLDING OF PROJECT FUNDS- If a metropolitan planning process of a metropolitan planning organization serving a transportation management area is not certified, the Secretary may withhold up to 20 percent of the funds attributable to the metropolitan planning area of the metropolitan planning organization for projects funded under this chapter and title 23.

          `(ii) RESTORATION OF WITHHELD FUNDS- The withheld funds shall be restored to the metropolitan planning area at such time as the metropolitan planning process is certified by the Secretary.

        `(D) REVIEW OF CERTIFICATION- In making certification determinations under this paragraph, the Secretary shall provide for public involvement appropriate to the metropolitan area under review.

    `(l) Abbreviated Plans for Certain Areas-

      `(1) IN GENERAL- Subject to paragraph (2), in the case of a metropolitan area not designated as a transportation management area under this section, the Secretary may provide for the development of an abbreviated transportation plan and TIP for the metropolitan planning area that the Secretary determines is appropriate to achieve the purposes of this section, taking into account the complexity of transportation problems in the area.

      `(2) NONATTAINMENT AREAS- The Secretary may not permit abbreviated plans or TIPs for a metropolitan area that is in nonattainment for ozone or carbon monoxide under the Clean Air Act.

    `(m) Additional Requirements for Certain Nonattainment Areas-

      `(1) IN GENERAL- Notwithstanding any other provisions of this chapter or title 23, for transportation management areas classified as nonattainment for ozone or carbon monoxide pursuant to the Clean Air Act, Federal funds may not be advanced in such area for any highway project that will result in a significant increase in the carrying capacity for single-occupant vehicles unless the project is addressed through a congestion management process.

      `(2) APPLICABILITY- This subsection applies to a nonattainment area within the metropolitan planning area boundaries determined under subsection (e).

    `(n) Limitation on Statutory Construction- Nothing in this section shall be construed to confer on a metropolitan planning organization the authority to impose legal requirements on any transportation facility, provider, or project not eligible under this chapter or title 23.

    `(o) Funding- Funds set aside under section 5305(g) of this title or section 104(f) of title 23 shall be available to carry out this section.

    `(p) Continuation of Current Review Practice- Since plans and TIPs described in this section are subject to a reasonable opportunity for public comment, since individual projects included in plans and TIPs are subject to review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and since decisions by the Secretary concerning plans and TIPs described in this section have not been reviewed under such Act as of January 1, 1997, any decision by the Secretary concerning a plan or TIP described in this section shall not be considered to be a Federal action subject to review under such Act.'.

    (b) Schedule for Implementation- The Secretary shall issue guidance on a schedule for implementation of the changes made by this section, taking into consideration the established planning update cycle for States and metropolitan planning organizations. The Secretary shall not require a State or metropolitan planning organization to deviate from its established planning update cycle to implement changes made by this section. Beginning July 1, 2007, State or metropolitan planning organization plan or program updates shall reflect changes made by this section.

    (c) Chapter Analysis- The analysis for chapter 53 is amended by striking the item relating to section 5303 and inserting the following:

`5303. Metropolitan transportation planning.'.

SEC. 3006. STATEWIDE TRANSPORTATION PLANNING.

    (a) In General- Section 5304 is amended to read as follows:

`Sec. 5304. Statewide transportation planning

    `(a) General Requirements-

      `(1) DEVELOPMENT OF PLANS AND PROGRAMS- To accomplish the objectives stated in section 5303(a), each State shall develop a statewide transportation plan and a statewide transportation improvement program for all areas of the State, subject to section 5303.

      `(2) CONTENTS- The statewide transportation plan and the transportation improvement program developed for each State shall provide for the development and integrated management and operation of transportation systems and facilities (including accessible pedestrian walkways and bicycle transportation facilities) that will function as an intermodal transportation system for the State and an integral part of an intermodal transportation system for the United States.

      `(3) PROCESS OF DEVELOPMENT- The process for developing the statewide plan and the transportation improvement program shall provide for consideration of all modes of transportation and the policies stated in section 5303(a), and shall be continuing, cooperative, and comprehensive to the degree appropriate, based on the complexity of the transportation problems to be addressed.

    `(b) Coordination With Metropolitan Planning; State Implementation Plan- A State shall--

      `(1) coordinate planning carried out under this section with the transportation planning activities carried out under section 5303 for metropolitan areas of the State and with statewide trade and economic development planning activities and related multistate planning efforts; and

      `(2) develop the transportation portion of the State implementation plan as required by the Clean Air Act (42 U.S.C. 7401 et seq.).

    `(c) Interstate Agreements-

      `(1) IN GENERAL- The consent of Congress is granted to 2 or more States entering into agreements or compacts, not in conflict with any law of the United States, for cooperative efforts and mutual assistance in support of activities authorized under this section related to interstate areas and localities in the States and establishing authorities the States consider desirable for making the agreements and compacts effective.

      `(2) RESERVATION OF RIGHTS- The right to alter, amend, or repeal interstate compacts entered into under this subsection is expressly reserved.

    `(d) Scope of Planning Process-

      `(1) IN GENERAL- Each State shall carry out a statewide transportation planning process that provides for consideration and implementation of projects, strategies, and services that will--

        `(A) support the economic vitality of the United States, the States, nonmetropolitan areas, and metropolitan areas, especially by enabling global competitiveness, productivity, and efficiency;

        `(B) increase the safety of the transportation system for motorized and nonmotorized users;

        `(C) increase the security of the transportation system for motorized and nonmotorized users;

        `(D) increase the accessibility and mobility of people and freight;

        `(E) protect and enhance the environment, promote energy conservation, improve the quality of life, and promote consistency between transportation improvements and State and local planned growth and economic development patterns;

        `(F) enhance the integration and connectivity of the transportation system, across and between modes throughout the State, for people and freight;

        `(G) promote efficient system management and operation; and

        `(H) emphasize the preservation of the existing transportation system.

      `(2) FAILURE TO CONSIDER FACTORS- The failure to consider any factor specified in paragraph (1) shall not be reviewable by any court under this chapter, title 23, subchapter II of chapter 5 of title 5, or chapter 7 of title 5 in any matter affecting a statewide transportation plan, the transportation improvement program, a project or strategy, or the certification of a planning process.

    `(e) Additional Requirements- In carrying out planning under this section, each State shall consider, at a minimum--

      `(1) with respect to nonmetropolitan areas, the concerns of affected local officials with responsibility for transportation;

      `(2) the concerns of Indian tribal governments and Federal land management agencies that have jurisdiction over land within the boundaries of the State; and

      `(3) coordination of transportation plans, the transportation improvement program, and planning activities with related planning activities being carried out outside of metropolitan planning areas and between States.

    `(f) Long-Range Statewide Transportation Plan-

      `(1) DEVELOPMENT- Each State shall develop 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 intermodal transportation system of the State.

      `(2) CONSULTATION WITH GOVERNMENTS-

        `(A) METROPOLITAN AREAS- The statewide transportation plan shall be developed for each metropolitan area in the State in cooperation with the metropolitan planning organization designated for the metropolitan area under section 5303.

        `(B) NONMETROPOLITAN AREAS- With respect to nonmetropolitan areas, the statewide transportation plan shall be developed in consultation with affected nonmetropolitan officials with responsibility for transportation. The Secretary shall not review or approve the consultation process in each State.

        `(C) INDIAN TRIBAL AREAS- With respect to each area of the State under the jurisdiction of an Indian tribal government, the statewide transportation plan shall be developed in consultation with the tribal government and the Secretary of the Interior.

        `(D) CONSULTATION, COMPARISON, AND CONSIDERATION-

          `(i) IN GENERAL- The long-range transportation plan shall be developed, as appropriate, in consultation with State, tribal, and local agencies responsible for land use management, natural resources, environmental protection, conservation, and historic preservation.

          `(ii) COMPARISON AND CONSIDERATION- Consultation under clause (i) shall involve comparison of transportation plans to State and tribal conservation plans or maps, if available, and comparison of transportation plans to inventories of natural or historic resources, if available.

      `(3) PARTICIPATION BY INTERESTED PARTIES-

        `(A) IN GENERAL- In developing the statewide transportation plan, the State shall provide citizens, affected public agencies, representatives of public transportation employees, freight shippers, private providers of transportation, representatives of users of public transportation, representatives of users of pedestrian walkways and bicycle transportation facilities, representatives of the disabled, providers of freight transportation services, and other interested parties with a reasonable opportunity to comment on the proposed plan.

        `(B) METHODS- In carrying out subparagraph (A), the State shall, to the maximum extent practicable--

          `(i) hold any public meetings at convenient and accessible locations and times;

          `(ii) employ visualization techniques to describe plans; and

          `(iii) make public information available in electronically accessible format and means, such as the World Wide Web, as appropriate to afford reasonable opportunity for consideration of public information under subparagraph (A).

      `(4) MITIGATION ACTIVITIES-

        `(A) IN GENERAL- A long-range transportation plan shall include a discussion of potential environmental mitigation activities and potential areas to carry out these activities, including activities that may have the greatest potential to restore and maintain the environmental functions affected by the plan.

        `(B) CONSULTATION- The discussion shall be developed in consultation with Federal, State, and tribal wildlife, land management, and regulatory agencies.

      `(5) FINANCIAL PLAN- The statewide transportation plan may include a financial plan that demonstrates how the adopted statewide transportation plan can be implemented, indicates resources from public and private sources that are reasonably expected to be made available to carry out the plan, and recommends any additional financing strategies for needed projects and programs. The financial plan may include, for illustrative purposes, additional projects that would be included in the adopted statewide transportation plan if reasonable additional resources beyond those identified in the financial plan were available.

      `(6) SELECTION OF PROJECTS FROM ILLUSTRATIVE LIST- A State shall not be required to select any project from the illustrative list of additional projects included in the financial plan described in paragraph (5).

      `(7) EXISTING SYSTEM- The statewide transportation plan should include capital, operations and management strategies, investments, procedures, and other measures to ensure the preservation and most efficient use of the existing transportation system.

      `(8) PUBLICATION OF LONG-RANGE TRANSPORTATION PLANS- Each long-range transportation plan prepared by a State shall be published or otherwise made available, including (to the maximum extent practicable) in electronically accessible formats and means, such as the World Wide Web.

    `(g) Statewide Transportation Improvement Program-

      `(1) DEVELOPMENT- Each State shall develop a statewide transportation improvement program for all areas of the State. Such program shall cover a period of 4 years and be updated every 4 years or more frequently if the Governor elects to update more frequently.

      `(2) CONSULTATION WITH GOVERNMENTS-

        `(A) METROPOLITAN AREAS- With respect to each metropolitan area in the State, the program shall be developed in cooperation with the metropolitan planning organization designated for the metropolitan area under section 5303.

        `(B) NONMETROPOLITAN AREAS- With respect to each nonmetropolitan area in the State, the program shall be developed in consultation with affected nonmetropolitan local officials with responsibility for transportation. The Secretary shall not review or approve the specific consultation process in the State.

        `(C) INDIAN TRIBAL AREAS- With respect to each area of the State under the jurisdiction of an Indian tribal government, the program shall be developed in consultation with the tribal government and the Secretary of the Interior.

      `(3) PARTICIPATION BY INTERESTED PARTIES- In developing the program, the State shall provide citizens, affected public agencies, representatives of public transportation employees, freight shippers, private providers of transportation, providers of freight transportation services, representatives of users of public transportation, representatives of users of pedestrian walkways and bicycle transportation facilities, representatives of the disabled, and other interested parties with a reasonable opportunity to comment on the proposed program.

      `(4) INCLUDED PROJECTS-

        `(A) IN GENERAL- A transportation improvement program developed under this subsection for a State shall include federally supported surface transportation expenditures within the boundaries of the State.

        `(B) LISTING OF PROJECTS- An annual listing of projects for which funds have been obligated in the preceding year in each metropolitan planning area shall be published or otherwise made available by the cooperative effort of the State, transit operator, and the metropolitan planning organization for public review. The listing shall be consistent with the funding categories identified in each metropolitan transportation improvement program.

        `(C) PROJECTS UNDER CHAPTER 2 OF TITLE 23-

          `(i) REGIONALLY SIGNIFICANT PROJECTS- Regionally significant projects proposed for funding under chapter 2 of title 23 shall be identified individually in the transportation improvement program.

          `(ii) OTHER PROJECTS- Projects proposed for funding under chapter 2 of title 23 that are not determined to be regionally significant shall be grouped in 1 line item or identified individually in the transportation improvement program.

        `(D) CONSISTENCY WITH STATEWIDE TRANSPORTATION PLAN- Each project shall be--

          `(i) consistent with the statewide transportation plan developed under this section for the State;

          `(ii) identical to the project or phase of the project as described in an approved metropolitan transportation plan; and

          `(iii) in conformance with the applicable State air quality implementation plan developed under the Clean Air Act, if the project is carried out in an area designated as nonattainment for ozone, particulate matter, or carbon monoxide under that Act.

        `(E) REQUIREMENT OF ANTICIPATED FULL FUNDING- The transportation improvement program shall include a project, or an identified phase of a project, only if full funding can reasonably be anticipated to be available for the project within the time period contemplated for completion of the project.

        `(F) FINANCIAL PLAN- The transportation improvement program may include a financial plan that demonstrates how the approved transportation improvement program can be implemented, indicates resources from public and private sources that are reasonably expected to be made available to carry out the transportation improvement program, and recommends any additional financing strategies for needed projects and programs. The financial plan may include, for illustrative purposes, additional projects that would be included in the adopted transportation plan if reasonable additional resources beyond those identified in the financial plan were available.

        `(G) SELECTION OF PROJECTS FROM ILLUSTRATIVE LIST-

          `(i) NO REQUIRED SELECTION- Notwithstanding subparagraph (F), a State shall not be required to select any project from the illustrative list of additional projects included in the financial plan under subparagraph (F).

          `(ii) REQUIRED ACTION BY THE SECRETARY- Action by the Secretary shall be required for a State to select any project from the illustrative list of additional projects included in the financial plan under subparagraph (F) for inclusion in an approved transportation improvement program.

        `(H) PRIORITIES- The transportation improvement program shall reflect the priorities for programming and expenditures of funds, including transportation enhancement activities, required by this chapter and title 23.

      `(5) PROJECT SELECTION FOR AREAS OF LESS THAN 50,000 POPULATION- Projects carried out in areas with populations of less than 50,000 individuals shall be selected, from the approved transportation improvement program (excluding projects carried out on the National Highway System and projects carried out under the bridge program or the Interstate maintenance program under title 23 or sections 5310, 5311, 5316, and 5317 of this title) by the State in cooperation with the affected nonmetropolitan local officials with responsibility for transportation. Projects carried out in areas with populations of less than 50,000 individuals on the National Highway System or under the bridge program or the Interstate maintenance program under title 23 or sections 5310, 5311, 5316, and 5317 of this title shall be selected, from the approved statewide transportation improvement program, by the State in consultation with the affected nonmetropolitan local officials with responsibility for transportation.

      `(6) TRANSPORTATION IMPROVEMENT PROGRAM APPROVAL- Every 4 years, a transportation improvement program developed under this subsection shall be reviewed and approved by the Secretary if based on a current planning finding.

      `(7) PLANNING FINDING- A finding shall be made by the Secretary at least every 4 years that the transportation planning process through which statewide transportation plans and programs are developed is consistent with this section and section 5303.

      `(8) MODIFICATIONS TO PROJECT PRIORITY- Notwithstanding any other provision of law, action by the Secretary shall not be required to advance a project included in the approved transportation improvement program in place of another project in the program.

    `(h) Funding- Funds set aside pursuant to section 5305(g) of this title and section 104(i) of title 23 shall be available to carry out this section.

    `(i) Treatment of Certain State Laws as Congestion Management Processes- For purposes of this section and section 5303, and sections 134 and 135 of title 23, State laws, rules, or regulations pertaining to congestion management systems or programs may constitute the congestion management process under this section and section 5303, and sections 134 and 135 of title 23, if the Secretary finds that the State laws, rules, or regulations are consistent with, and fulfill the intent of, the purposes of this section, section 5303, and sections 134 and 135 of title 23, as appropriate.

    `(j) Continuation of Current Review Practice- Since the statewide transportation plan and the transportation improvement program described in this section are subject to a reasonable opportunity for public comment, since individual projects included in the statewide transportation plans and the transportation improvement program are subject to review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and since decisions by the Secretary concerning statewide transportation plans or the transportation improvement program described in this section have not been reviewed under such Act as of January 1, 1997, any decision by the Secretary concerning a metropolitan or statewide transportation plan or the transportation improvement program described in this section shall not be considered to be a Federal action subject to review under such Act.'.

    (b) Schedule for Implementation- The Secretary shall issue guidance on a schedule for implementation of the changes made by this section, taking into consideration the established planning update cycle for States and metropolitan planning organizations. The Secretary shall not require a State or metropolitan planning organization to deviate from its established planning update cycle to implement changes made by this section. Beginning July 1, 2007, State or metropolitan planning organization plan or program updates shall reflect changes made by this section.

    (c) Chapter Analysis- The analysis for chapter 53 is amended by striking the item relating to section 5304 and inserting the following:

`5304. Statewide transportation planning.'.

SEC. 3007. PLANNING PROGRAMS.

    (a) In General- Section 5305 is amended to read as follows:

`Sec. 5305. Planning programs

    `(a) State Defined- In this section, the term `State' means a State of the United States, the District of Columbia, and Puerto Rico.

    `(b) General Authority-

      `(1) GRANTS AND AGREEMENTS- Under criteria established by the Secretary, the Secretary may award grants to States, authorities of the States, metropolitan planning organizations, and local governmental authorities, and make agreements with other departments, agencies, or instrumentalities of the Government to--

        `(A) develop transportation plans and programs;

        `(B) plan, engineer, design, and evaluate a public transportation project; and

        `(C) conduct technical studies relating to public transportation.

      `(2) ELIGIBLE ACTIVITIES- Activities eligible under paragraph (1) include the following:

        `(A) Studies related to management, planning, operations, capital requirements, and economic feasibility.

        `(B) Evaluating previously financed projects.

        `(C) Peer reviews and exchanges of technical data, information, assistance, and related activities in support of planning and environmental analyses among metropolitan planning organizations and other transportation planners.

        `(D) Other similar and related activities preliminary to and in preparation for constructing, acquiring, or improving the operation of facilities and equipment.

    `(c) Purpose- To the extent practicable, the Secretary shall ensure that amounts appropriated or made available under section 5338 to carry out this section and sections 5303, 5304, and 5306 are used to support balanced and comprehensive transportation planning that considers the relationships among land use and all transportation modes, without regard to the programmatic source of the planning amounts.

    `(d) Metropolitan Planning Program-

      `(1) APPORTIONMENT TO STATES-

        `(A) IN GENERAL- The Secretary shall apportion 80 percent of the amounts made available under subsection (g)(1) among the States to carry out sections 5303 and 5306 in the ratio that--

          `(i) the population of urbanized areas in each State, as shown by the latest available decennial census of population; bears to

          `(ii) the total population of urbanized areas in all States, as shown by that census.

        `(B) MINIMUM APPORTIONMENT- Notwithstanding subparagraph (A), a State may not receive less than 0.5 percent of the amount apportioned under this paragraph.

      `(2) ALLOCATION TO MPO'S- Amounts apportioned to a State under paragraph (1) shall be made available, not later than 30 days after the date of apportionment, to metropolitan planning organizations in the State designated under this section under a formula that--

        `(A) considers population of urbanized areas;

        `(B) provides an appropriate distribution for urbanized areas to carry out the cooperative processes described in this section;

        `(C) the State develops in cooperation with the metropolitan planning organizations; and

        `(D) the Secretary approves.

      `(3) SUPPLEMENTAL AMOUNTS-

        `(A) IN GENERAL- The Secretary shall apportion 20 percent of the amounts made available under subsection (g)(1) among the States to supplement allocations made under paragraph (1) for metropolitan planning organizations.

        `(B) FORMULA- The Secretary shall apportion amounts referred to in subparagraph (A) under a formula that reflects the additional cost of carrying out planning, programming, and project selection responsibilities under sections 5303 and 5306 in certain urbanized areas.

    `(e) State Planning and Research Program-

      `(1) APPORTIONMENT TO STATES-

        `(A) IN GENERAL- The Secretary shall apportion the amounts made available under subsection (g)(2) among the States for grants and contracts to carry out this section and sections 5304, 5306, 5315, and 5322 in the ratio that--

          `(i) the population of urbanized areas in each State, as shown by the latest available decennial census; bears to

          `(ii) the population of urbanized areas in all States, as shown by that census.

        `(B) MINIMUM APPORTIONMENT- Notwithstanding subparagraph (A), a State may not receive less than 0.5 percent of the amount apportioned under this paragraph.

      `(2) SUPPLEMENTAL AMOUNTS- A State, as the State considers appropriate, may authorize part of the amount made available under this subsection to be used to supplement amounts made available under subsection (d).

    `(f) Government's Share of Costs- The Government's share of the cost of an activity funded using amounts made available under this section may not exceed 80 percent of the cost of the activity unless the Secretary determines that it is in the interests of the Government not to require a State or local match.

    `(g) Allocation of Funds- Of the funds made available by or appropriated to carry out this section under section 5338(c) for fiscal years 2005 through 2009--

      `(1) 82.72 percent shall be available for the metropolitan planning program under subsection (d); and

      `(2) 17.28 percent shall be available to carry out subsection (e).

    `(h) Availability of Funds- Funds apportioned under this section to a State that have not been obligated in the 3-year period beginning after the last day of the fiscal year for which the funds are authorized shall be reapportioned among the States.'.

    (b) Chapter Analysis- The analysis for chapter 53 is amended by striking the item relating to section 5305 and inserting the following:

`5305. Planning programs.'.

SEC. 3008. PRIVATE ENTERPRISE PARTICIPATION.

    Section 5306(a) is amended by inserting `, as determined by local policies, criteria, and decisionmaking,' after `feasible'.

SEC. 3009. URBANIZED AREA FORMULA GRANTS.

    (a) Technical Amendments- Section 5307 is amended--

      (1) by striking subsections (h), (j) and (k); and

      (2) by redesignating subsections (i), (l), (m), and (n) as subsections (h), (i), (j), and (k), respectively.

    (b) Definitions-

      (1) ASSOCIATED CAPITAL MAINTENANCE ITEMS- Section 5307(a)(1) is amended--

        (A) by striking `means equipment, tires,' and inserting `means--

        `(A) equipment, tires,';

        (B) in subparagraph (A) (as so designated) by striking the period at the end and inserting `; and'; and

        (C) by adding at the end the following:

        `(B) reconstruction of equipment and material, each of which after reconstruction will have a fair market value of at least .5 percent of the current fair market value of rolling stock comparable to the rolling stock for which the equipment and material will be used.'.

      (2) DESIGNATED RECIPIENT- Section 5307(a)(2)(A) is amended to read as follows:

        `(A) an entity designated, in accordance with the planning process under sections 5303, 5304, and 5306, by the chief executive officer of a State, responsible local officials, and publicly owned operators of public transportation, to receive and apportion amounts under section 5336 that are attributable to transportation management areas identified under section 5303; or'.

    (c) General Authority- Section 5307(b) is amended--

      (1) by striking paragraph (1) and inserting the following:

      `(1) GRANTS- The Secretary may make grants under this section for--

        `(A) capital projects and associated capital maintenance items;

        `(B) planning;

        `(C) transit enhancements;

        `(D) operating costs of equipment and facilities for use in public transportation in an urbanized area with a population of less than 200,000;

        `(E) operating costs of equipment and facilities for use in public transportation in a portion or portions of an urbanized area with a population of at least 200,000, but not more than 225,000, if--

          `(i) the urbanized area includes parts of more than one State;

          `(ii) the portion of the urbanized area includes only one State;

          `(iii) the population of the portion of the urbanized area is less than 30,000; and

          `(iv) the grants will not be used to provide public transportation outside of the portion of the urbanized area; and

        `(F) operating costs of equipment and facilities for use in public transportation for local governmental authorities in areas which adopted transit operating and financing plans that became a part of the Houston, Texas, urbanized area as a result of the 2000 decennial census of population, but lie outside the service area of the principal public transportation agency that serves the Houston urbanized area.';

      (2) by striking paragraph (2) and inserting the following:

      `(2) SPECIAL RULE FOR FISCAL YEARS 2005 THROUGH 2007-

        `(A) INCREASED FLEXIBILITY- The Secretary may award grants under this section, from funds made available to carry out this section for each of the fiscal years 2005 through 2007, to finance the operating cost of equipment and facilities for use in mass transportation in an urbanized area with a population of at least 200,000, as determined by the 2000 decennial census of population, if--

          `(i) the urbanized area had a population of less than 200,000, as determined by the 1990 decennial census of population;

          `(ii) a portion of the urbanized area was a separate urbanized area with a population of less than 200,000, as determined by the 1990 decennial census of population;

          `(iii) the area was not designated as an urbanized area, as determined by the 1990 decennial census of population; or

          `(iv) a portion of the area was not designated as an urbanized area, as determined by the 1990 decennial census, and received assistance under section 5311 in fiscal year 2002.

        `(B) MAXIMUM AMOUNTS IN FISCAL YEAR 2005- In fiscal year 2005--

          `(i) amounts made available to any urbanized area under clause (i) or (ii) of subparagraph (A) shall be not more than the amount apportioned in fiscal year 2002 to the urbanized area with a population of less than 200,000, as determined in the 1990 decennial census of population;

          `(ii) amounts made available to any urbanized area under subparagraph (A)(iii) shall be not more than the amount apportioned to the urbanized area under this section for fiscal year 2003; and

          `(iii) each portion of any area not designated as an urbanized area, as determined by the 1990 decennial census, and eligible to receive funds under subparagraph (A)(iv), shall receive an amount of funds to carry out this section that is not less than the amount the portion of the area received under section 5311 for fiscal year 2002.

        `(C) MAXIMUM AMOUNTS IN FISCAL YEAR 2006- In fiscal year 2006--

          `(i) amounts made available to any urbanized area under clause (i) or (ii) of subparagraph (A) shall be not more than 50 percent of the amount apportioned in fiscal year 2002 to the urbanized area with a population of less than 200,000, as determined in the 1990 decennial census of population;

          `(ii) amounts made available to any urbanized area under subparagraph (A)(iii) shall be not more than 50 percent of the amount apportioned to the urbanized area under this section for fiscal year 2003; and

          `(iii) each portion of any area not designated as an urbanized area, as determined by the 1990 decennial census, and eligible to receive funds under subparagraph (A)(iv), shall receive an amount of funds to carry out this section that is not less 50 percent of the amount the portion of the area received under section 5311 for fiscal year 2002.

        `(D) MAXIMUM AMOUNTS IN FISCAL YEAR 2007- In fiscal year 2007--

          `(i) amounts made available to any urbanized area under clause (i) or (ii) of subparagraph (A) shall be not more than 25 percent of the amount apportioned in fiscal year 2002 to the urbanized area with a population of less than 200,000, as determined in the 1990 decennial census of population;

          `(ii) amounts made available to any urbanized area under subparagraph (A)(iii) shall be not more than 25 percent of the amount apportioned to the urbanized area under this section for fiscal year 2003; and

          `(iii) each portion of any area not designated as an urbanized area, as determined by the 1990 decennial census, and eligible to receive funds under subparagraph (A)(iv), shall receive an amount of funds to carry out this section that is not less than 25 percent of the amount the portion of the area received under section 5311 in fiscal year 2002.'; and

      (3) by striking paragraph (4).

    (d) Grant Recipient Requirements- Section 5307(d)(1) is amended--

      (1) in subparagraph (A) by inserting `, including safety and security aspects of the program' after `program';

      (2) in subparagraph (E)--

        (A) by striking `and' at the end of clause (ii);

        (B) by inserting `and' at the end of clause (iii); and

        (C) by adding at the end the following:

          `(iv) will comply with sections 5323 and 5325;';

      (3) in subparagraph (H) by striking `sections 5301(a) and (d), 5303-5306, and 5310(a)-(d) of this title' and inserting `section 5301(a), section 5301(d), and sections 5303 through 5306';

      (4) in subparagraph (I) by striking `and' at the end;

      (5) by adding at the end the following:

        `(K) in the case of a recipient for an urbanized area with a population of at least 200,000--

          `(i) will expend not less than 1 percent of the amount the recipient receives each fiscal year under this section for transit enhancements, as defined in section 5302(a); and

          `(ii) will submit an annual report listing projects carried out in the preceding fiscal year with those funds; and'.

    (e) Government's Share of Costs- Section 5307(e) is amended to read as follows:

    `(e) Government's Share of Costs-

      `(1) CAPITAL PROJECTS- A grant for a capital project (including associated capital maintenance items) under this section shall be for 80 percent of the net project cost of the project. The recipient may provide additional local matching amounts.

      `(2) OPERATING EXPENSES- A grant for operating expenses under this section may not exceed 50 percent of the net project cost of the project.

      `(3) REMAINING COSTS- Subject to paragraph (4), the remainder of the net project cost shall be provided--

        `(A) in cash from non-Government sources other than revenues from providing public transportation services;

        `(B) from revenues derived from the sale of advertising and concessions;

        `(C) from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital; and

        `(D) from amounts received under a service agreement with a State or local social service agency or private social service organization.

      `(4) USE OF CERTAIN FUNDS- The prohibitions on the use of funds for matching requirements under section 403(a)(5)(C)(vii) of the Social Security Act (42 U.S.C. 603(a)(5)(C)(vii)) shall not apply to the remainder.'.

    (f) Undertaking Projects in Advance- Section 5307(g) is amended by striking paragraph (4).

    (g) Relationship to Other Laws- Section 5307(k) (as redesignated by subsection (a)(2) of this section) is amended to read as follows:

    `(k) Relationship to Other Laws-

      `(1) APPLICABLE PROVISIONS- Sections 5301, 5302, 5303, 5304, 5306, 5315(c), 5318, 5319, 5323, 5325, 5327, 5329, 5330, 5331, 5332, 5333, and 5335 apply to this section and to any grant made under this section.

      `(2) INAPPLICABLE PROVISIONS-

        `(A) IN GENERAL- Except as provided by this section, no other provision of this chapter applies to this section or to a grant made under this section.

        `(B) TITLE 5- The provision of assistance under this chapter shall not be construed as bringing within the application of chapter 15 of title 5 any nonsupervisory employee of a public transportation system (or any other agency or entity performing related functions) to which such chapter is otherwise inapplicable.'.

    (h) Treatment- Section 5307 is amended by adding at the end the following:

    `(l) Treatment- For the purposes of this section, the United States Virgin Islands shall be treated as an urbanized area, as defined in section 5302.'.

    (i) Contracted Paratransit Pilot-

      (1) IN GENERAL- Notwithstanding section 5302(a)(1)(I) of title 49, United States Code, for fiscal years 2005 through 2009, a recipient of assistance under section 5307 of such title in urbanized areas with a population of 558,329 or 747,003 according to the 2000 decennial census of population may use not more than 20 percent of such recipient's annual formula apportionment under section 5307 of such title for the provision of nonfixed route paratransit services in accordance with section 223 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12143), but only if the grant recipient is in compliance with applicable requirements of that Act, including both fixed route and demand responsive service and the service is acquired by contract.

      (2) REPORT- Not later than January 1, 2009, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report on the implementation of this subsection and any recommendations of the Secretary regarding the application of this subsection.

SEC. 3010. CLEAN FUELS GRANT PROGRAM.

    (a) In General- Section 5308 is amended to read as follows:

`Sec. 5308. Clean fuels grant program

    `(a) Definitions- In this section, the following definitions apply:

      `(1) CLEAN FUEL BUS- The term `clean fuel bus' means a passenger vehicle used to provide public transportation that--

        `(A) is powered by--

          `(i) compressed natural gas;

          `(ii) liquefied natural gas;

          `(iii) biodiesel fuels;

          `(iv) batteries;

          `(v) alcohol-based fuels;

          `(vi) hybrid electric;

          `(vii) fuel cell;

          `(viii) clean diesel, to the extent allowed under this section; or

          `(ix) other low or zero emissions technology; and

        `(B) the Administrator of the Environmental Protection Agency has certified sufficiently reduces harmful emissions.

      `(2) ELIGIBLE PROJECT- The term `eligible project'--

        `(A) means a project in a nonattainment or maintenance area described in paragraph (4)(A) for--

          `(i) purchasing or leasing clean fuel buses, including buses that employ a lightweight composite primary structure;

          `(ii) constructing or leasing clean fuel buses or electrical recharging facilities and related equipment for such buses; or

          `(iii) constructing new or improving existing public transportation facilities to accommodate clean fuel buses; and

        `(B) at the discretion of the Secretary, may include a project located in a nonattainment or maintenance area described in paragraph (4)(A) relating to clean fuel, biodiesel, hybrid electric, or zero emissions technology buses that exhibit equivalent or superior emissions reductions to existing clean fuel or hybrid electric technologies.

      `(3) MAINTENANCE AREA- The term `maintenance area' has the meaning such term has under section 101 of title 23.

      `(4) RECIPIENT-

        `(A) IN GENERAL- The term `recipient' means a designated recipient (as defined in section 5307(a)(2)) for an area that, and a recipient for an urbanized area with a population of less than 200,000 that--

          `(i) is designated as a nonattainment area for ozone or carbon monoxide under section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)); or

          `(ii) is a maintenance area for ozone or carbon monoxide.

        `(B) SMALLER URBANIZED AREAS- In the case of an urbanized area with a population of less than 200,000, the State in which the area is located shall act as the recipient for the area under this section.

    `(b) Authority- The Secretary shall make grants in accordance with this section to recipients to finance eligible projects.

    `(c) Clean Diesel Buses- Not more than 25 percent of the amount made available by or appropriated under section 5338 in each fiscal year to carry out this section may be made available to fund clean diesel buses.

    `(d) Grant Requirements-

      `(1) IN GENERAL- A grant under this section shall be subject to the requirements of section 5307.

      `(2) GOVERNMENT'S SHARE OF COSTS FOR CERTAIN PROJECTS- Section 5323(i) applies to projects carried out under this section.

    `(e) Availability of Funds- Any amount made available or appropriated under this section--

      `(1) shall remain available to a project for 2 years after the fiscal year for which the amount is made available or appropriated; and

      `(2) that remains unobligated at the end of the period described in paragraph (1) shall be added to the amount made available in the following fiscal year.'.

    (b) Conforming Amendment- The analysis for chapter 53 is amended by striking the item relating to section 5308 and inserting the following:

`5308. Clean fuels grant program.'.

SEC. 3011. CAPITAL INVESTMENT GRANTS.

    (a) In General- Section 5309 is amended to read as follows:

`Sec. 5309. Capital investment grants

    `(a) Definitions- In this section, the following definitions apply:

      `(1) ALTERNATIVES ANALYSIS- The term `alternatives analysis' means a study conducted as part of the transportation planning process required under sections 5303 and 5304, which includes--

        `(A) an assessment of a wide range of public transportation alternatives designed to address a transportation problem in a corridor or subarea;

        `(B) sufficient information to enable the Secretary to make the findings of project justification and local financial commitment required under this section;

        `(C) the selection of a locally preferred alternative; and

        `(D) the adoption of the locally preferred alternative as part of the long-range transportation plan required under section 5303.

      `(2) MAJOR NEW FIXED GUIDEWAY CAPITAL PROJECT- The term `major new fixed guideway capital project' means a new fixed guideway capital project for which the Federal assistance provided or to be provided under this section is $75,000,000 or more.

      `(3) NEW FIXED GUIDEWAY CAPITAL PROJECT- The term `new fixed guideway capital project' means a minimum operable segment of a capital project for a new fixed guideway system or extension to an existing fixed guideway system.

    `(b) General Authority- The Secretary may make grants under this section to assist State and local governmental authorities in financing--

      `(1) new fixed guideway capital projects under subsections (d) and (e), including the acquisition of real property, the initial acquisition of rolling stock for the systems, the acquisition of rights of way, and relocation, for fixed guideway corridor development for projects in the advanced stages of alternatives analysis or preliminary engineering;

      `(2) capital projects to modernize existing fixed guideway systems;

      `(3) capital projects to replace, rehabilitate, and purchase buses and related equipment and to construct bus-related facilities, including programs of bus and bus-related projects for assistance to subrecipients that are public agencies, private companies engaged in public transportation, or private nonprofit organizations; and

      `(4) the development of corridors to support new fixed guideway capital projects under subsections (d) and (e), including protecting rights of way through acquisition, construction of dedicated bus and high occupancy vehicle lanes and park and ride lots, and other nonvehicular capital improvements that the Secretary may decide would result in increased public transportation usage in the corridor.

    `(c) Grant Requirements-

      `(1) IN GENERAL- The Secretary may not approve a grant for a project under this section unless the Secretary determines that--

        `(A) the project is part of an approved transportation plan and program of projects required under sections 5303, 5304, and 5306; and

        `(B) the applicant has, or will have--

          `(i) the legal, financial, and technical capacity to carry out the project, including safety and security aspects of the project;

          `(ii) satisfactory continuing control over the use of the equipment or facilities; and

          `(iii) the capability and willingness to maintain the equipment or facilities.

      `(2) CERTIFICATION- An applicant that has submitted the certifications required under subparagraphs (A), (B), (C), and (H) of section 5307(d)(1) shall be deemed to have provided sufficient information upon which the Secretary may make the determinations required under this subsection.

      `(3) GRANTEE REQUIREMENTS- The Secretary shall require that any grant awarded under this section to a recipient be subject to all terms, conditions, requirements, and provisions that the Secretary determines to be necessary or appropriate for the purposes of this section, including requirements for the disposition of net increases in the value of real property resulting from the project assisted under this section.

    `(d) Major Capital Investment Grants of $75,000,000 or More-

      `(1) FULL FUNDING GRANT AGREEMENT-

        `(A) IN GENERAL- A major new fixed guideway capital project shall be carried out through a full funding grant agreement.

        `(B) CRITERIA- The Secretary shall enter into a full funding grant agreement, based on the evaluations and ratings required under this subsection, with each grantee receiving assistance for a major new fixed guideway capital project that--

          `(i) is authorized for final design and construction; and

          `(ii) has been rated as medium, medium-high, or high, in accordance with paragraph (5)(B).

      `(2) APPROVAL OF GRANTS- The Secretary may approve a grant under this section for a major new fixed guideway capital project only if the Secretary, based upon evaluations and considerations set forth in paragraph (3), determines that the project is--

        `(A) based on the results of an alternatives analysis and preliminary engineering;

        `(B) justified based on a comprehensive review of its mobility improvements, environmental benefits, cost effectiveness, operating efficiencies, economic development effects, and public transportation supportive land use policies and future patterns; and

        `(C) supported by an acceptable degree of local financial commitment (including evidence of stable and dependable financing sources) to construct, maintain, and operate the system or extension, and maintain and operate the entire public transportation system without requiring a reduction in existing public transportation services or level of service to operate the proposed project.

      `(3) EVALUATION OF PROJECT JUSTIFICATION- In making the determinations under paragraph (2)(B) for a major capital investment grant, the Secretary shall analyze, evaluate, and consider--

        `(A) the results of the alternatives analysis and preliminary engineering for the proposed project;

        `(B) the reliability of the forecasting methods used to estimate costs and utilization made by the recipient and the contractors to the recipient;

        `(C) the direct and indirect costs of relevant alternatives;

        `(D) factors such as--

          `(i) congestion relief;

          `(ii) improved mobility;

          `(iii) air pollution;

          `(iv) noise pollution;

          `(v) energy consumption; and

          `(vi) all associated ancillary and mitigation costs necessary to carry out each alternative analyzed;

        `(E) reductions in local infrastructure costs and other benefits achieved through compact land use development, such as positive impacts on the capacity, utilization, or longevity of other surface transportation assets and facilities;

        `(F) the cost of suburban sprawl;

        `(G) the degree to which the project increases the mobility of the public transportation dependent population or promotes economic development;

        `(H) population density and current transit ridership in the transportation corridor;

        `(I) the technical capability of the grant recipient to construct the project;

        `(J) any adjustment to the project justification necessary to reflect differences in local land, construction, and operating costs; and

        `(K) other factors that the Secretary determines to be appropriate to carry out this subsection.

      `(4) EVALUATION OF LOCAL FINANCIAL COMMITMENT-

        `(A) IN GENERAL- In evaluating a project under paragraph (2)(C), the Secretary shall require that--

          `(i) the proposed project plan provides for the availability of contingency amounts that the Secretary determines to be reasonable to cover unanticipated cost increases;

          `(ii) each proposed local source of capital and operating financing is stable, reliable, and available within the proposed project timetable; and

          `(iii) local resources are available to recapitalize and operate the overall proposed public transportation system, including essential feeder bus and other services necessary to achieve the projected ridership levels without requiring a reduction in existing public transportation services or level of service to operate the proposed project.

        `(B) EVALUATION CRITERIA- In assessing the stability, reliability, and availability of proposed sources of local financing under paragraph (2)(C), the Secretary shall consider--

          `(i) the reliability of the forecasting methods used to estimate costs and utilization made by the recipient and the contractors to the recipient;

          `(ii) existing grant commitments;

          `(iii) the degree to which financing sources are dedicated to the proposed purposes;

          `(iv) any debt obligation that exists, or is proposed by the recipient, for the proposed project or other public transportation purpose; and

          `(v) the extent to which the project has a local financial commitment that exceeds the required non-Federal share of the cost of the project.

        `(C) CONSIDERATION OF FISCAL CAPACITY OF STATE AND LOCAL GOVERNMENTS- If the Secretary gives priority to financing projects under this subsection that include more than the non-Federal share required under subsection (h), the Secretary shall give equal consideration to differences in the fiscal capacity of State and local governments.

      `(5) PROJECT ADVANCEMENT AND RATINGS-

        `(A) PROJECT ADVANCEMENT- A proposed project under this subsection shall not advance from alternatives analysis to preliminary engineering or from preliminary engineering to final design and construction unless the Secretary determines that the project meets the requirements of this section and there is a reasonable likelihood that the project will continue to meet such requirements.

        `(B) RATINGS- In making a determination under subparagraph (A), the Secretary shall evaluate and rate the project on a 5-point scale (high, medium-high, medium, medium-low, or low) based on the results of the alternatives analysis, the project justification criteria, and the degree of local financial commitment, as required under this subsection. In rating the projects, the Secretary shall provide, in addition to the overall project rating, individual ratings for each of the criteria established by regulation.

      `(6) POLICY GUIDANCE-

        `(A) PUBLICATION- The Secretary shall publish policy guidance regarding the new fixed guideway capital project review and evaluation process and criteria--

          `(i) not later than 120 days after the date of enactment of the Federal Public Transportation Act of 2005; and

          `(ii) each time significant changes are made by the Secretary to the process and criteria, but not less frequently than once every 2 years.

        `(B) PUBLIC COMMENT AND RESPONSE- The Secretary shall--

          `(i) invite public comment to the policy guidance published under subparagraph (A); and

          `(ii) publish a response to the comments received under clause (i).

    `(e) Capital Investment Grants Less Than $75,000,000-

      `(1) IN GENERAL-

        `(A) APPLICABILITY OF REQUIREMENTS- Except as provided by subparagraph (B), a new fixed guideway capital project shall be subject to the requirements of this subsection if the Federal assistance provided or to be provided under this section for the project is less than $75,000,000 and the total estimated net capital cost of the project is less than $250,000,000.

        `(B) PROJECTS RECEIVING LESS THAN $25,000,000 IN FEDERAL ASSISTANCE- If the assistance provided under this section with respect to a new fixed guideway capital project is less than $25,000,000, the requirements of this subsection shall not apply to the project until such date as the final regulation to be issued under paragraph (9) takes effect.

      `(2) SELECTION CRITERIA- The Secretary may provide Federal assistance under this subsection with respect to a proposed project only if the Secretary finds that the project is--

        `(A) based on the results of planning and alternatives analysis;

        `(B) justified based on a review of its public transportation supportive land use policies, cost effectiveness, and effect on local economic development; and

        `(C) supported by an acceptable degree of local financial commitment.

      `(3) PLANNING AND ALTERNATIVES- In evaluating a project under paragraph (2)(A), the Secretary shall analyze and consider the results of planning and alternatives analysis for the project.

      `(4) PROJECT JUSTIFICATION- For purposes of making the finding under paragraph (2)(B), the Secretary shall--

        `(A) determine the degree to which the project is consistent with local land use policies and is likely to achieve local developmental goals;

        `(B) determine the cost effectiveness of the project at the time of the initiation of revenue service;

        `(C) determine the degree to which the project will have a positive effect on local economic development;

        `(D) consider the reliability of the forecasting methods used to estimate costs and ridership associated with the project; and

        `(E) consider other factors that the Secretary determines appropriate to carry out this subsection.

      `(5) LOCAL FINANCIAL COMMITMENT-

        `(A) IN GENERAL- For purposes of paragraph (2)(C), the Secretary shall require that each proposed local source of capital and operating financing is stable, reliable, and available within the proposed project timetable.

        `(B) CONSIDERATION OF FISCAL CAPACITY OF STATE AND LOCAL GOVERNMENTS- If the Secretary gives priority to financing projects under this subsection that include more than the non-Federal share required under subsection (h), the Secretary shall give equal consideration to differences in the fiscal capacity of State and local governments.

      `(6) ADVANCEMENT OF PROJECT TO DEVELOPMENT AND CONSTRUCTION-

        `(A) GENERAL RULE- A proposed project under this subsection may advance from planning and alternatives analysis to project development and construction only if the Secretary finds that the project meets the requirements of this subsection and there is a reasonable likelihood that the project will continue to meet such requirements.

        `(B) EVALUATION- In making the findings under subparagraph (A), the Secretary shall evaluate and rate the project as high, medium-high, medium, medium-low, or low based on the results of the analysis of the project justification criteria and the degree of local financial commitment, as required by this subsection.

      `(7) CONTENTS OF PROJECT CONSTRUCTION GRANT AGREEMENT- A project construction grant agreement under this subsection shall specify the scope of the project to be constructed, the estimated net project cost of the project, the schedule under

which the project shall be constructed, the maximum amount of funding to be obtained under this subsection, the proposed schedule for obligation of future Federal grants, and the sources of funding from other than the Government. The agreement may include a commitment on the part of the Secretary to provide funding for the project in future fiscal years.

      `(8) LIMITATION ON ENTRY INTO CONSTRUCTION GRANT AGREEMENT- The Secretary may enter into a project construction grant agreement for a project under this subsection only if the project is authorized for construction and has been rated as high, medium-high, or medium under this subsection.

      `(9) REGULATIONS- Not later than 240 days after the date of enactment of the Federal Public Transportation Act of 2005, the Secretary shall issue regulations establishing an evaluation and rating process for proposed projects under this subsection that is based on the results of project justification and local financial commitment, as required under this subsection.

      `(10) FIXED GUIDEWAY CAPITAL PROJECT- In this subsection, the term `fixed guideway capital project' includes a corridor-based bus capital project if--

        `(A) a substantial portion of the project operates in a separate right-of-way dedicated for public transit use during peak hour operations; or

        `(B) the project represents a substantial investment in a defined corridor as demonstrated by features such as park-and-ride lots, transit stations, bus arrival and departure signage, intelligent transportation systems technology, traffic signal priority, off-board fare collection, advanced bus technology, and other features that support the long-term corridor investment.

      `(11) IMPACT REPORT-

        `(A) IN GENERAL- Not later than 120 days after the date of enactment of the Federal Public Transportation Act of 2005, the Federal Transit Administration shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the methodology to be used in evaluating the land use and economic development impacts of non-fixed guideway or partial fixed guideway projects.

        `(B) CONTENTS- The report submitted under subparagraph (A) shall address any qualitative and quantitative differences between fixed guideway and non-fixed guideway projects with respect to land use and economic development impacts.

    `(f) Previously Issued Letter of Intent or Full Funding Grant Agreement- Subsections (d) and (e) do not apply to projects for which the Secretary has issued a letter of intent or entered into a full funding grant agreement before the date of enactment of the Federal Public Transportation Act of 2005. Subsection (e) also does not apply to projects for which the Secretary has received an application for final design before such date of enactment.

    `(g) Letters of Intent, Full Funding Grant Agreements, and Early Systems Work Agreements-

      `(1) LETTERS OF INTENT-

        `(A) AMOUNTS INTENDED TO BE OBLIGATED- The Secretary may issue a letter of intent to an applicant announcing an intention to obligate, for a capital project under this section, an amount from future available budget authority specified in law that is not more than the amount stipulated as the financial participation of the Secretary in the project. When a letter is issued for fixed guideway projects, the amount shall be sufficient to complete at least an operable segment.

        `(B) TREATMENT- The issuance of a letter under subparagraph (A) is deemed not to be an obligation under sections 1108(c), 1108(d), 1501, and 1502(a) of title 31 or an administrative commitment.

      `(2) FULL FUNDING GRANT AGREEMENTS-

        `(A) TERMS- The Secretary may make a full funding grant agreement with an applicant. The agreement shall--

          `(i) establish the terms of participation by the Government in a project under this section;

          `(ii) establish the maximum amount of Government financial assistance for the project;

          `(iii) cover the period of time for completing the project, including a period extending beyond the period of an authorization; and

          `(iv) make timely and efficient management of the project easier according to the law of the United States.

        `(B) SPECIAL FINANCIAL RULES-

          `(i) IN GENERAL- A full funding grant agreement under this paragraph obligates an amount of available budget authority specified in law and may include a commitment, contingent on amounts to be specified in law in advance for commitments under this paragraph, to obligate an additional amount from future available budget authority specified in law.

          `(ii) STATEMENT OF CONTINGENT COMMITMENT- The agreement shall state that the contingent commitment is not an obligation of the Government.

          `(iii) INTEREST AND OTHER FINANCING COSTS- Interest and other financing costs of efficiently carrying out a part of the project within a reasonable time are a cost of carrying out the project under a full funding grant agreement, except that eligible costs may not be more than the cost of the most favorable financing terms reasonably available for the project at the time of borrowing. The applicant shall certify, in a way satisfactory to the Secretary, that the applicant has shown reasonable diligence in seeking the most favorable financing terms.

          `(iv) COMPLETION OF OPERABLE SEGMENT- The amount stipulated in an agreement under this paragraph for a fixed guideway project shall be sufficient to complete at least an operable segment.

        `(C) BEFORE AND AFTER STUDY-

          `(i) IN GENERAL- A full funding grant agreement under this paragraph shall require the applicant to conduct a study that--

            `(I) describes and analyzes the impacts of the new fixed guideway capital project on transit services and transit ridership;

            `(II) evaluates the consistency of predicted and actual project characteristics and performance; and

            `(III) identifies sources of differences between predicted and actual outcomes.

          `(ii) INFORMATION COLLECTION AND ANALYSIS PLAN-

            `(I) SUBMISSION OF PLAN- Applicants seeking an agreement under this paragraph shall submit a complete plan for the collection and analysis of information to identify the impacts of the new fixed guideway capital project and the accuracy of the forecasts prepared during the development of the project. Preparation of this plan shall be included in the full funding grant agreement as an eligible activity.

            `(II) CONTENTS OF PLAN- The plan submitted under subclause (I) shall provide for--

`(aa) the collection of data on the current transit system regarding transit service levels and ridership patterns, including origins and destinations, access modes, trip purposes, and rider characteristics;

`(bb) documentation of the predicted scope, service levels, capital costs, operating costs, and ridership of the project;

`(cc) collection of data on the transit system 2 years after the opening of the new fixed guideway capital project, including analogous information on transit service levels and ridership patterns and information on the as-built scope and capital costs of the project; and

`(dd) analysis of the consistency of predicted project characteristics with the after data.

        `(D) COLLECTION OF DATA ON CURRENT SYSTEM- To be eligible for a full funding grant agreement under this paragraph, recipients shall have collected data on the current system, according to the plan required, before the beginning of construction of the proposed new start project. Collection of this data shall be included in the full funding grant agreement as an eligible activity.

      `(3) EARLY SYSTEM WORK AGREEMENTS-

        `(A) CONDITIONS- The Secretary may make an early systems work agreement with an applicant if a record of decision under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) has been issued on the project and the Secretary finds there is reason to believe--

          `(i) a full funding grant agreement for the project will be made; and

          `(ii) the terms of the work agreement will promote ultimate completion of the project more rapidly and at less cost.

        `(B) CONTENTS-

          `(i) IN GENERAL- A work agreement under this paragraph obligates an amount of available budget authority specified in law and shall provide for reimbursement of preliminary costs of carrying out the project, including land acquisition, timely procurement of system elements for which specifications are decided, and other activities the Secretary decides are appropriate to make efficient, long-term project management easier.

          `(ii) PERIOD COVERED- A work agreement under this paragraph shall cover the period of time the Secretary considers appropriate. The period may extend beyond the period of current authorization.

          `(iii) INTEREST AND OTHER FINANCING COSTS- Interest and other financing costs of efficiently carrying out the work agreement within a reasonable time are a cost of carrying out the agreement, except that eligible costs may not be more than the cost of the most favorable financing terms reasonably available for the project at the time of borrowing. The applicant shall certify, in a way satisfactory to the Secretary, that the applicant has shown reasonable diligence in seeking the most favorable financing terms.

          `(iv) FAILURE TO CARRY OUT PROJECT- If an applicant does not carry out the project for reasons within the control of the applicant, the applicant shall repay all Government payments made under the work agreement plus reasonable interest and penalty charges the Secretary establishes in the agreement.

      `(4) LIMITATION ON AMOUNTS-

        `(A) MAJOR CAPITAL INVESTMENT GRANTS CONTINGENT COMMITMENT AUTHORITY- The total estimated amount of future obligations of the Government and contingent commitments to incur obligations covered by all outstanding letters of intent, full funding grant agreements, and early systems work agreements under this subsection for major new fixed guideway capital projects may be not more than the greater of the amount authorized under sections 5338(a)(3) and 5338(c) for such projects or an amount equivalent to the last 3 fiscal years of funding allocated under subsections (m)(1)(A) and (m)(2)(A)(ii) for such projects, less an amount the Secretary reasonably estimates is necessary for grants under this section for those of such projects that are not covered by a letter or agreement. The total amount covered by new letters and contingent commitments included in full funding grant agreements and early systems work agreements for such projects may be not more than a limitation specified in law.

        `(B) OTHER CONTINGENT COMMITMENT AUTHORITY- The total estimated amount of future obligations of the Government and contingent commitments to incur obligations covered by all project construction grant agreements and early system work agreements under this subsection for small capital projects described in subsection (e) may be not more than the greater of the amount allocated under subsection (m)(2)(A)(i) for such projects or an amount equivalent to the last fiscal year of funding allocated under such subsection for such projects, less an amount the Secretary reasonably estimates is necessary for grants under this section for those of such projects that are not covered by an agreement. The total amount covered by new contingent commitments included in project construction grant agreements and early systems work agreements for such projects may be not more than a limitation specified in law.

        `(C) INCLUSION OF CERTAIN COMMITMENTS- Future obligations of the Government and contingent commitments made against the contingent commitment authority under section 3032(g)(2) of the Intermodal Surface Transportation Efficiency Act of 1991 (106 Stat. 2125) for the San Francisco BART to the Airport project for fiscal years 2002, 2003, 2004, 2005, and 2006 shall be charged against section 3032(g)(2) of that Act.

        `(D) APPROPRIATION REQUIRED- An obligation may be made under this subsection only when amounts are appropriated for the obligation.

      `(5) NOTIFICATION OF CONGRESS- At least 60 days before issuing a letter of intent or entering into a full funding grant agreement or project construction grant agreement under this section, the Secretary shall notify, in writing, the Committees on Transportation and Infrastructure and Appropriations of the House of Representatives and the Committees on Banking, Housing, and Urban Affairs and Appropriations of the Senate of the proposed letter or agreement. The Secretary shall include with the notification a copy of the proposed letter or agreement as well as the evaluations and ratings for the project.

    `(h) Government's Share of Net Project Cost-

      `(1) IN GENERAL- Based on engineering studies, studies of economic feasibility, and information on the expected use of equipment or facilities, the Secretary shall estimate the net project cost. A grant for the project shall be for 80 percent of the net capital project cost, unless the grant recipient requests a lower grant percentage.

      `(2) ADJUSTMENT FOR COMPLETION UNDER BUDGET- The Secretary may adjust the final net project cost of a new fixed guideway capital project evaluated under subsections (d) and (e) to include the cost of eligible activities not included in the originally defined project if the Secretary determines that the originally defined project has been completed at a cost that is significantly below the original estimate.

      `(3) MAXIMUM GOVERNMENT SHARE- The Secretary may provide a higher grant percentage than requested by the grant recipient if--

        `(A) the Secretary determines that the net project cost of the project is not more than 10 percent higher than the net project cost estimated at the time the project was approved for advancement into preliminary engineering; and

        `(B) the ridership estimated for the project is not less than 90 percent of the ridership estimated for the project at the time the project was approved for advancement into preliminary engineering.

      `(4) REMAINDER OF NET PROJECT COST- The remainder of net project costs shall be provided from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital.

      `(5) LIMITATION ON STATUTORY CONSTRUCTION- Nothing in this section, including paragraph (1) and subsections (d)(4)(B)(v) and (e)(5), shall be construed as authorizing the Secretary to require a non-Federal financial commitment for a project that is more than 20 percent of the net capital project cost.

      `(6) SPECIAL RULE FOR ROLLING STOCK COSTS- In addition to amounts allowed pursuant to paragraph (1), a planned extension to a fixed guideway system may include the cost of rolling stock previously purchased if the applicant satisfies the Secretary that only amounts other than amounts of the Government were used and that the purchase was made for use on the extension. A refund or reduction of the remainder may be made only if a refund of a proportional amount of the grant of the Government is made at the same time.

      `(7) LIMITATION ON APPLICABILITY- This subsection does not apply to projects for which the Secretary has entered into a full funding grant agreement before the date of enactment of the Federal Public Transportation Act of 2005.

    `(i) Undertaking Projects in Advance-

      `(1) IN GENERAL- The Secretary may pay the Government's share of the net capital project cost to a State or local governmental authority that carries out any part of a project described in this section without the aid of amounts of the Government and according to all applicable procedures and requirements if--

        `(A) the State or local governmental authority applies for the payment;

        `(B) the Secretary approves the payment; and

        `(C) before carrying out the part of the project, the Secretary approves the plans and specifications for the part in the same way as other projects under this section.

      `(2) FINANCING COSTS-

        `(A) IN GENERAL- The cost of carrying out part of a project includes the amount of interest earned and payable on bonds issued by the State or local governmental authority to the extent proceeds of the bonds are expended in carrying out the part.

        `(B) LIMITATION ON AMOUNT OF INTEREST- The amount of interest under this paragraph may not be more than the most favorable interest terms reasonably available for the project at the time of borrowing.

        `(C) CERTIFICATION- The applicant shall certify, in a manner satisfactory to the Secretary, that the applicant has shown reasonable diligence in seeking the most favorable financial terms.

    `(j) Availability of Amounts-

      `(1) IN GENERAL- An amount made available or appropriated under section 5338(a)(3)(C)(iii), 5338(a)(3)(C)(iv), 5338(b)(2)(E), or 5338(c) for replacement, rehabilitation, and purchase of buses and related equipment and construction of bus-related facilities or for new fixed guideway capital projects shall remain available for 3 fiscal years, including the fiscal year in which the amount is made available or appropriated. Any of such amounts that are unobligated at the end of the 3-fiscal-year period may be used by the Secretary for any purpose under this section.

      `(2) USE OF DEOBLIGATED AMOUNTS- An amount available under this section that is deobligated may be used for any purpose under this section.

    `(k) Reports on New Starts-

      `(1) ANNUAL REPORT ON FUNDING RECOMMENDATIONS- Not later than the first Monday in February of each year, the Secretary shall submit to the Committees on Transportation and Infrastructure and Appropriations of the House of Representatives and the Committees on Banking, Housing, and Urban Affairs and Appropriations of the Senate a report that includes--

        `(A) a proposal of allocations of amounts to be available to finance grants for new fixed guideway capital projects among applicants for these amounts;

        `(B) evaluations and ratings, as required under subsections (d) and (e), for each such project that is authorized by the Federal Public Transportation Act of 2005; and

        `(C) recommendations of such projects for funding based on the evaluations and ratings and on existing commitments and anticipated funding levels for the next 3 fiscal years based on information currently available to the Secretary.

      `(2) ANNUAL GAO REVIEW- The Comptroller General shall--

        `(A) conduct an annual review of--

          `(i) the processes and procedures for evaluating, rating, and recommending new fixed guideway capital projects; and

          `(ii) the Secretary's implementation of such processes and procedures; and

        `(B) report to Congress on the results of such review by May 31 of each year.

    `(l) Other Reports-

      `(1) BEFORE AND AFTER STUDY REPORTS- Not later than the first Monday of August of each year, the Secretary shall submit to the committees referred to in subsection (k)(1) a report containing a summary of the results of the studies conducted under subsection (g)(2)(C).

      `(2) CONTRACTOR PERFORMANCE ASSESSMENT REPORT-

        `(A) IN GENERAL- Not later than 180 days after the enactment of the Federal Public Transportation Act of 2005, and each year thereafter, the Secretary shall submit to the committees referred to in subsection (k)(1) a report analyzing the consistency and accuracy of cost and ridership estimates made by each contractor to public transportation agencies developing new fixed guideway capital projects.

        `(B) CONTENTS- The report submitted under subparagraph (A) shall compare the cost and ridership estimates made at the time projects are approved for entrance into preliminary engineering with--

          `(i) estimates made at the time projects are approved for entrance into final design;

          `(ii) costs and ridership when the project commences revenue operation; and

          `(iii) costs and ridership when the project has been in operation for 2 years.

        `(C) CONSIDERATIONS- In making comparisons under subparagraph (B), the Secretary shall consider factors having an impact on costs and ridership not under the control of the contractor. The Secretary shall also consider the role taken by each contractor in the development of the project.

      `(3) CONTRACTOR PERFORMANCE INCENTIVE REPORT- Not later than 180 days after the enactment of the Federal Public Transportation Act of 2005, the Secretary shall submit to the committees referred to in subsection (k)(1) a report on the suitability of allowing contractors to public transportation agencies that undertake new fixed guideway capital projects under this section to receive performance incentive awards if a project is completed for less than the original estimated cost.

    `(m) Allocating Amounts-

      `(1) FISCAL YEAR 2005- Of the amounts made available or appropriated for fiscal year 2005 under section 5338(a)(3)--

        `(A) $1,437,829,600 shall be allocated for new fixed capital projects under subsection (d);

        `(B) $1,204,684,800 shall be allocated for capital projects for fixed guideway modernization; and

        `(C) $669,600,000 shall be allocated for capital projects for buses and bus-related equipment and facilities.

      `(2) FISCAL YEARS 2006 THROUGH 2009- The amounts made available or appropriated for fiscal years 2006 through 2009 under sections 5338(b) and 5338(c) shall be allocated as follows:

        `(A) MAJOR CAPITAL PROJECTS- Of the amounts appropriated under section 5338(c) for major capital projects--

          `(i) $200,000,000 for each of fiscal years 2007 through 2009 shall be allocated for projects for new fixed guideway capital projects of less than $75,000,000 in accordance with subsection (e); and

          `(ii) the remainder shall be allocated for major new fixed guideway capital projects in accordance with subsection (d).

        `(B) FIXED GUIDEWAY MODERNIZATION- The amounts made available under section 5338(b)(2)(D) shall be allocated for capital projects for fixed guideway modernization.

        `(C) BUSES AND BUS-RELATED EQUIPMENT AND FACILITIES- The amounts made available under section 5338(b)(2)(E) shall be allocated for capital projects for buses and bus-related equipment and facilities.

      `(3) FIXED GUIDEWAY MODERNIZATION- The amounts made available for fixed guideway modernization under section 5338(b)(2)(D) for fiscal year 2006 and each fiscal year thereafter shall be allocated in accordance with section 5337.

      `(4) PRELIMINARY ENGINEERING AND ALTERNATIVES ANALYSIS- Not more that 8 percent of the allocation described in paragraph (1)(A) may be expended on alternatives analysis and preliminary engineering.

      `(5) PRELIMINARY ENGINEERING- Not more than 8 percent of the allocation described in paragraph (2)(A) may be expended on preliminary engineering.

      `(6) FUNDING FOR FERRY BOATS- Of the amounts described in paragraphs (1)(A) and (2)(A)--

        `(A) $10,400,000 shall be available in fiscal year 2005 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;

        `(B) $15,000,000 shall be available in each of fiscal years 2006 through 2009 for capital projects in Alaska and Hawaii for new fixed guideway ferry systems and extension projects utilizing ferry boats, ferry boat terminals, or approaches to ferry boat terminals; and

        `(C) $5,000,000 shall be available for each of fiscal years 2006 through 2009 for payments to the Denali Commission under the terms of section 307(e) of the Denali Commission Act of 1998 (42 U.S.C. 3121 note) for docks, waterfront development projects, and related transportation infrastructure.

      `(7) BUS AND BUS FACILITY GRANTS- The amounts made available under paragraphs (1)(C) and (2)(C) shall be allocated as follows:

        `(A) FERRY BOAT SYSTEMS- $10,000,000 shall be available in each of fiscal years 2006 through 2009 for ferry boats or ferry terminal facilities. Of such funds, the following amounts shall be set aside for each fiscal year:

          `(i) $2,500,000 for the San Francisco Water Transit Authority.

          `(ii) $2,500,000 for the Massachusetts Bay Transportation Authority Ferry System.

          `(iii) $1,000,000 for the Camden, New Jersey Ferry System.

          `(iv) $1,000,000 for the Governor's Island, New York Ferry System

          `(v) $1,000,000 for the Philadelphia Penn's Landing Ferry Terminal.

          `(vi) $1,000,000 for the Staten Island Ferry.

          `(vii) $650,000 for the Maine State Ferry Service, Rockland.

          `(viii) $350,000 for the Swans Island, Maine Ferry Service.

        `(B) FUEL CELL BUS PROGRAM- The following amounts shall be set aside for the national fuel cell bus technology development program under section 3039 of the Federal Public Transportation Act of 2005:

          `(i) $11,250,000 for fiscal year 2006.

          `(ii) $11,500,000 for fiscal year 2007.

          `(iii) $12,750,000 for fiscal year 2008.

          `(iv) $13,500,000 for fiscal year 2009.

        `(C) PROJECTS NOT IN URBANIZED AREAS- Not less than 5.5 percent shall be available in each fiscal year for projects that are not in urbanized areas.

        `(D) INTERMODAL TERMINALS- Not less than $35,000,000 shall be available in each fiscal year for intermodal terminal projects, including the intercity bus portion of such projects.

        `(E) BUS TESTING- $3,000,000 shall be available in each fiscal year for bus testing under section 5318.

      `(8) BUS AND BUS FACILITY GRANT CONSIDERATIONS- In making grants under paragraphs (1)(C) and (2)(C), the Secretary shall consider the age and condition of buses, bus fleets, related equipment, and bus-related facilities.'.

    (b) Chapter Analysis- The analysis for chapter 53 is amended by striking the item relating to section 5309 and inserting the following:

`5309. Capital investment grants.'.

    (c) Public-Private Partnership Pilot Program-

      (1) ESTABLISHMENT- The Secretary may establish and implement a pilot program to demonstrate the advantages and disadvantages of public-private partnerships for certain new fixed guideway capital projects.

      (2) LIMITATION ON THE NUMBER OF FACILITIES- The Secretary may permit the establishment of 3 public-private partnerships for new fixed guideway capital projects.

      (3) ELIGIBILITY- To be eligible to participate in the public-private partnership program, a recipient shall submit to the Secretary an application that contains, at a minimum, the following:

        (A) An identification of the new fixed guideway capital project that has not entered into a full funding grant agreement or project construction grant agreement with the Federal Transit Administration.

        (B) A schedule and finance plan for the construction of and operation of the proposed project.

        (C) An analysis of the costs, benefits, and efficiencies of the proposed public-private partnership agreement.

      (4) SELECTION CRITERIA- The Secretary may approve the application of a recipient under this subsection if the Secretary determines that--

        (A) State and local laws permit public-private agreements for all phases of project development, construction, and operation of the project;

        (B) the recipient is unable to advance the project due to fiscal constraints; and

        (C) the plan implementing the public-private partnership is justified.

      (5) PROGRAM TERM- The Secretary may approve an application of a recipient for a public-private partnership for fiscal years 2006 through 2009.

      (6) REPORT TO CONGRESS- Not later than 2 years after the date of enactment of this Act, the Secretary shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report containing an assessment of the costs, benefits, and efficiencies of a public-private partnership program for new fixed guideway capital projects.

    (d) Restrictions on Use of Bus Category Funds for Fixed Guideway Projects- 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 any of fiscal years 1998 through 2005, or accompanying committee reports, that remain available and unobligated may be used for new fixed guideway capital projects under section 5309 of title 49, United States Code. Funds made available to the same grantees for similar projects under the bus and bus facility category of section 5309 of title 49, United States Code, in fiscal years 2006 through 2009 may be used for fixed guideway projects under that section.

    (e) Miami Metrorail- The Secretary shall 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 the matching requirements of section 5309(h)(4) of title 49, United States Code, for the Miami North Corridor and Miami East-West Corridor projects.

    (f) Adjustments- The adjustments made in the Federal Transit Administrator's Dear Colleague letter of April 29, 2005, to require a `medium' for the cost-effectiveness rating, in order for fixed guideway projects to be recommended for funding by the Federal Transit Administration, shall not apply to the following:

      (1) San Francisco Muni--Third Street LRT Phase I/II.

      (2) Santa Clara Valley Transit Authority--Silicon Valley Rapid Transit Corridor.

      (3) Washington County, Oregon--Wilsonville to Beaverton Commuter Rail.

      (4) Dulles Corridor Metrorail Project--Extension to Wiehle Avenue.

SEC. 3012. FORMULA GRANTS FOR SPECIAL NEEDS OF ELDERLY INDIVIDUALS AND INDIVIDUALS WITH DISABILITIES.

    (a) In General- Section 5310 is amended to read as follows:

`Sec. 5310. Formula grants for special needs of elderly individuals and individuals with disabilities

    `(a) General Authority-

      `(1) GRANTS- The Secretary may make grants to States and local governmental authorities under this section for public transportation capital projects planned, designed, and carried out to meet the special needs of elderly individuals and individuals with disabilities.

      `(2) SUBRECIPIENTS- A State that receives a grant under this section may allocate the amounts provided under the grant to--

        `(A) a private nonprofit organization, if the public transportation service provided under paragraph (1) is unavailable, insufficient, or inappropriate; or

        `(B) a governmental authority that--

          `(i) is approved by the State to coordinate services for elderly individuals and individuals with disabilities; or

          `(ii) certifies that there are not any nonprofit organizations readily available in the area to provide the services described under paragraph (1).

      `(3) ACQUIRING PUBLIC TRANSPORTATION SERVICES- A public transportation capital project under this section may include acquisition of public transportation services as an eligible capital expense.

      `(4) ADMINISTRATIVE EXPENSES- A State or local governmental authority may use not more than 10 percent of the amounts apportioned to the State under this section to administer, plan, and provide technical assistance for a project funded under this section.

    `(b) Apportionment and Transfers-

      `(1) FORMULA- The Secretary shall apportion amounts made available to carry out this section under a formula the Secretary administers that considers the number of elderly individuals and individuals with disabilities in each State.

      `(2) TRANSFER OF FUNDS- Any funds apportioned to a State under paragraph (1) may be transferred by the State to the apportionments made under sections 5311(c) and 5336 if such funds are only used for eligible projects selected under this section.

    `(c) Government's Share of Costs-

      `(1) CAPITAL PROJECTS-

        `(A) IN GENERAL- A grant for a capital project under this section shall be for 80 percent of the net capital costs of the project, as determined by the Secretary.

        `(B) EXCEPTION- A State described in section 120(b) of title 23 shall receive an increased Government share in accordance with the formula under that section.

      `(2) REMAINDER- The remainder of the net project costs--

        `(A) may be provided from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, a service agreement with a State or local social service agency or a private social service organization, or new capital;

        `(B) may be derived from amounts appropriated or otherwise made available to a department or agency of the Government (other than the Department of Transportation) that are eligible to be expended for transportation; and

        `(C) notwithstanding subparagraph (B), may be derived from amounts made available to carry out the Federal lands highway program established by section 204 of title 23.

      `(3) USE OF CERTAIN FUNDS- For purposes of paragraph (2)(B), the prohibitions on the use of funds for matching requirements under section 403(a)(5)(C)(vii) of the Social Security Act (42 U.S.C. 603(a)(5)(C)(vii)) shall not apply to Federal or State funds to be used for transportation purposes.

    `(d) Grant Requirements-

      `(1) IN GENERAL- A grant under this section shall be subject to all requirements of a grant under section 5307 to the extent the Secretary determines appropriate.

      `(2) CERTIFICATION REQUIREMENTS-

        `(A) FUND TRANSFERS- A grant recipient under this section that transfers funds to a project funded under section 5336 in accordance with subsection (b)(2) shall certify that the project for which the funds are requested has been coordinated with private nonprofit providers of services under this section.

        `(B) PROJECT SELECTION AND PLAN DEVELOPMENT- Beginning in fiscal year 2007, each grant recipient under this section shall certify that--

          `(i) the projects selected were derived from a locally developed, coordinated public transit-human services transportation plan; and

          `(ii) the plan was developed through a process that included representatives of public, private, and nonprofit transportation and human services providers and participation by the public.

        `(C) ALLOCATIONS TO SUBRECIPIENTS- Each grant recipient under this section shall certify that allocations of the grant to subrecipients, if any, are distributed on a fair and equitable basis.

    `(e) State Program of Projects-

      `(1) IN GENERAL- Amounts made available to carry out this section may be used for transportation projects to assist in providing transportation services for elderly individuals and individuals with disabilities that are included in a State program of projects.

      `(2) SUBMISSION AND APPROVAL- A State shall submit to the Secretary annually for approval a program of projects. The program shall contain an assurance that the program provides for maximum feasible coordination of transportation services assisted under this section with transportation services assisted by other Government sources.

    `(f) Leasing Vehicles- Vehicles acquired under this section may be leased to local governmental authorities to improve transportation services designed to meet the special needs of elderly individuals and individuals with disabilities.

    `(g) Meal Delivery for Homebound Individuals- Public transportation service providers receiving assistance under this section or section 5311(c) may coordinate and assist in regularly providing meal delivery service for homebound individuals if the delivery service does not conflict with providing public transportation service or reduce service to public transportation passengers.

    `(h) Transfers of Facilities and Equipment- With the consent of the recipient in possession of a facility or equipment acquired with a grant under this section, a State may transfer the facility or equipment to any recipient eligible to receive assistance under this chapter if the facility or equipment will continue to be used as required under this section.'.

    (b) Elderly Individuals and Individuals With Disabilities Pilot Program-

      (1) IN GENERAL- In fiscal year 2006, the Secretary shall establish a pilot program that will allow Wisconsin, Alaska, Minnesota, Oregon, and 3 other States selected by the Secretary to use not more than 33 percent of the funds apportioned to each State to carry out section 5310 of title 49, United States Code, for operating costs associated with public transportation projects planned, designed, and carried out to meet the special needs of elderly individuals and individuals with disabilities under such section. The Secretary may base the selection of participating States on a State's exemplary coordination of public transit-human services transportation. The Secretary may require participants to collect data necessary to support the report to Congress required by paragraph (7).

      (2) PLANNING COORDINATION- Recipients of funds made available consistent with this subsection shall certify that--

        (A) the projects selected were derived from a locally developed, coordinated public transit-human services transportation plan; and

        (B) the plan was developed through a process that included representatives of public, private, and nonprofit transportation and human services providers and participation by the public.

      (3) GOVERNMENT'S SHARE OF COSTS- Operating assistance under this subsection may not exceed 50 percent of the net operating costs of the project, as determined by the Secretary. The credit for any non-Federal share provided under this subsection shall not reduce nor replace State funds required to match Federal funds for formula grants for the special needs of elderly individuals and individuals with disabilities program authorized under section 5310 of title 49, United States Code.

      (4) REMAINDER- The remainder of the net project costs--

        (A) may be provided from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, a service agreement with a State or local social service agency or a private social service organization, or new capital; and

        (B) may be derived from amounts appropriated to or made available to a department or agency of the Government (other than the Department of Transportation) that are eligible to be expended for transportation.

      (5) USE OF CERTAIN FUNDS- For purposes of paragraph (4)(B), the prohibitions on the use of funds for matching requirements under section 403(a)(5)(C)(vii) of the Social Security Act (42 U.S.C. 603(a)(5)(C)(vii)) shall not apply to Federal or State funds to be used for transportation purposes.

      (6) ELIGIBLE ACTIVITIES- Projects eligible under the pilot program may include the collection of data necessary to support the report to Congress required by paragraph (7).

      (7) REPORT- Not later than 2 years after the date of enactment of this Act, the Secretary shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report on the pilot program, which may include--

        (A) the extent to which funds were used to subsidize existing paratransit service provided in compliance with the Americans with Disabilities Act of 1990;

        (B) whether States participating in the pilot program use the funds to provide services to persons with disabilities that exceed those services required by the Americans with Disabilities Act of 1990 differently than States not in the pilot program;

        (C) whether States participating in this pilot program use the funds to provide services to individuals with disabilities that exceed those services required by the Americans with Disabilities Act of 1990 to the detriment of other eligible projects;

        (D) the percentage of funds used to assist elderly individuals;

        (E) the percentage of funds used to assist individuals with disabilities;

        (F) the extent to which States participating in this pilot program serve a wider range of elderly, low income, and persons with disabilities populations;

        (G) whether the pilot program improves services to elderly individuals and individuals with disabilities;

        (H) the extent to which States participating in the pilot program were able to expand the range of transportation alternatives available to elderly individuals and individuals with disabilities; and

        (I) whether the pilot program facilitates or discourages coordination with or integration of other funding sources.

      (8) SUNSET- This subsection shall cease to be effective on September 30, 2009.

    (c) Chapter Analysis- The analysis for chapter 53 is amended by striking the item relating to section 5310 and inserting the following:

`5310. Formula grants for special needs of elderly individuals and individuals with disabilities.'.

SEC. 3013. FORMULA GRANTS FOR OTHER THAN URBANIZED AREAS.

    (a) Definitions- Section 5311(a) is amended to read as follows:

    `(a) Definitions- As used in this section, the following definitions shall apply:

      `(1) RECIPIENT- The term `recipient' means a State or Indian tribe that receives a Federal transit program grant directly from the Federal Government.

      `(2) SUBRECIPIENT- The term `subrecipient' means a State or local governmental authority, a nonprofit organization, or an operator of public transportation or intercity bus service that receives Federal transit program grant funds indirectly through a recipient.'.

    (b) General Authority- Section 5311(b) is amended to read as follows:

    `(b) General Authority-

      `(1) GRANTS AUTHORIZED- Except as provided by paragraph (2), the Secretary may award grants under this section to recipients located in areas other than urbanized areas for--

        `(A) public transportation capital projects;

        `(B) operating costs of equipment and facilities for use in public transportation; and

        `(C) the acquisition of public transportation services, including service agreements with private providers of public transportation services.

      `(2) STATE PROGRAM-

        `(A) IN GENERAL- A project eligible for a grant under this section shall be included in a State program for public transportation service projects, including agreements with private providers of public transportation service.

        `(B) SUBMISSION TO SECRETARY- Each State shall submit to the Secretary annually the program described in subparagraph (A).

        `(C) APPROVAL- The Secretary may not approve the program unless the Secretary determines that--

          `(i) the program provides a fair distribution of amounts in the State, including Indian reservations; and

          `(ii) the program provides the maximum feasible coordination of public transportation service assisted under this section with transportation service assisted by other Federal sources.

      `(3) RURAL TRANSPORTATION ASSISTANCE PROGRAM-

        `(A) IN GENERAL- The Secretary shall carry out a rural transportation assistance program in other than urbanized areas.

        `(B) GRANTS AND CONTRACTS- In carrying out this paragraph, the Secretary may use not more than 2 percent of the amount made available to carry out this section to make grants and contracts for transportation research, technical assistance, training, and related support services in other than urbanized areas.

        `(C) PROJECTS OF A NATIONAL SCOPE- Not more than 15 percent of the amounts available under subparagraph (B) may be used by the Secretary to carry out projects of a national scope, with the remaining balance provided to the States.

      `(4) DATA COLLECTION- Each recipient under this section shall submit an annual report to the Secretary containing information on capital investment, operations, and service provided with funds received under this section, including--

        `(A) total annual revenue;

        `(B) sources of revenue;

        `(C) total annual operating costs;

        `(D) total annual capital costs;

        `(E) fleet size and type, and related facilities;

        `(F) revenue vehicle miles; and

        `(G) ridership.'.

    (c) Apportionments- Section 5311(c) is amended to read as follows:

    `(c) Apportionments-

      `(1) PUBLIC TRANSPORTATION ON INDIAN RESERVATIONS- Of the amounts made available or appropriated for each fiscal year pursuant to subsections (a)(1)(C)(v) and (b)(2)(G) of section 5338, the following amounts shall be apportioned for grants to Indian tribes for any purpose eligible under this section, under such terms and conditions as may be established by the Secretary:

        `(A) $8,000,000 for fiscal year 2006.

        `(B) $10,000,000 for fiscal year 2007.

        `(C) $12,000,000 for fiscal year 2008.

        `(D) $15,000,000 for fiscal year 2009.

      `(2) REMAINING AMOUNTS- Of the amounts made available or appropriated for each fiscal year pursuant to subsections (a)(1)(C)(v) and (b)(2)(G) of section 5338 that are not apportioned under paragraph (1)--

        `(A) 20 percent shall be apportioned to the States in accordance with paragraph (3); and

        `(B) 80 percent shall be apportioned to the States in accordance with paragraph (4).

      `(3) APPORTIONMENTS BASED ON LAND AREA IN NONURBANIZED AREAS-

        `(A) IN GENERAL- Subject to subparagraph (B), each State shall receive an amount that is equal to the amount apportioned under paragraph (2)(A) multiplied by the ratio of the land area in areas other than urbanized areas in that State and divided by the land area in all areas other than urbanized areas in the United States, as shown by the most recent decennial census of population.

        `(B) MAXIMUM APPORTIONMENT- No State shall receive more than 5 percent of the amount apportioned under this paragraph.

      `(4) APPORTIONMENTS BASED ON POPULATION IN NONURBANIZED AREAS- Each State shall receive an amount equal to the amount apportioned under paragraph (2)(B) multiplied by the ratio of the population of areas other than urbanized areas in that State divided by the population of all areas other than urbanized areas in the United States, as shown by the most recent decennial census of population.'.

    (d) Use for Administration, Planning, and Technical Assistance- Section 5311(e) is amended--

      (1) in the subsection heading by inserting `, Planning,' after `Administration';

      (2) by striking `(1) The Secretary' and inserting `The Secretary';

      (3) by striking paragraph (2); and

      (4) by striking `recipient' and inserting `subrecipient'.

    (e) Intercity Bus Transportation- Section 5311(f) is amended--

      (1) in paragraph (1)--

        (A) by striking `(1) A State' and inserting the following:

      `(1) IN GENERAL- A State';

        (B) by striking `after September 30, 1993,'; and

        (C) by moving subparagraphs (A) through (D) 2 ems to the right; and

      (2) in paragraph (2)--

        (A) by striking `(2) A State' and inserting the following:

      `(2) CERTIFICATION- A State'; and

        (B) by striking `Secretary of Transportation' and inserting `Secretary, after consultation with affected intercity bus service providers,'.

    (f) Government Share of Costs- Section 5311(g) is amended to read as follows:

    `(g) Government Share of Costs-

      `(1) CAPITAL PROJECTS-

        `(A) IN GENERAL- Except as provided by subparagraph (B), a grant awarded under this section for any purpose other than operating assistance shall be for 80 percent of the net capital costs of the project, as determined by the Secretary.

        `(B) EXCEPTION- A State described in section 120(b) of title 23 shall receive a Government share of the net capital costs in accordance with the formula under that section.

      `(2) OPERATING ASSISTANCE-

        `(A) IN GENERAL- Except as provided by subparagraph (B), a grant made under this section for operating assistance may not exceed 50 percent of the net operating costs of the project, as determined by the Secretary.

        `(B) EXCEPTION- A State described in section 120(b) of title 23 shall receive a Government share of the net operating costs equal to 62.5 percent of the Government share provided for under paragraph (1)(B).

      `(3) REMAINDER- The remainder of net project costs--

        `(A) may be provided from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, a service agreement with a State or local social service agency or a private social service organization, or new capital;

        `(B) may be derived from amounts appropriated or otherwise made available to a department or agency of the Government (other than the Department of Transportation) that are eligible to be expended for transportation; and

        `(C) notwithstanding subparagraph (B), may be derived from amounts made available to carry out the Federal lands highway program established by section 204 of title 23.

      `(4) USE OF CERTAIN FUNDS- For purposes of paragraph (3)(B), the prohibitions on the use of funds for matching requirements under section 403(a)(5)(C)(vii) of the Social Security Act (42 U.S.C. 603(a)(5)(C)(vii)) shall not apply to Federal or State funds to be used for transportation purposes.

      `(5) LIMITATION ON OPERATING ASSISTANCE- A State carrying out a program of operating assistance under this section may not limit the level or extent of use of the Government grant for the payment of operating expenses.'.

    (g) Relationship to Other Laws- Section 5311 is amended--

      (1) by striking subsection (h); and

      (2) by redesignating subsections (i) and (j) as subsections (h) and (i), respectively.

    (h) Waiver Condition- Section 5311(j)(1) is amended by striking `but the Secretary of Labor may waive the application of section 5333(b)' and inserting `if the Secretary of Labor utilizes a special warranty that provides a fair and equitable arrangement to protect the interests of employees'.

    (i) Correction to Chapter Analysis- The analysis for chapter 53 is amended by striking the item relating to section 5311 and inserting the following:

`5311. Formula grants for other than urbanized areas.'.

SEC. 3014. RESEARCH, DEVELOPMENT, DEMONSTRATION, AND DEPLOYMENT PROJECTS.

    (a) In General- Section 5312(a) is amended to read as follows:

    `(a) Research, Development, Demonstration, and Deployment Projects-

      `(1) IN GENERAL- The Secretary may make grants, contracts, cooperative agreements, and other agreements (including agreements with departments, agencies, and instrumentalities of the United States Government) for research, development, demonstration, and deployment projects, and evaluation of technology of national significance to public transportation, that the Secretary determines will improve public transportation service or help public transportation service meet the total transportation needs at a minimum cost.

      `(2) INFORMATION- The Secretary may request and receive appropriate information from any source.

      `(3) SAVINGS PROVISION- This subsection does not limit the authority of the Secretary under any other law.'.

    (b) Joint Partnership Program for Deployment of Innovation- Section 5312 is amended by striking subsections (b) and (c) and redesignating subsections (d) and (e) as subsections (b) and (c), respectively.

    (c) International Mass Transportation Program- Section 5312(c)(2) (as redesignated by subsection (b) of this section) is amended by striking `public and private' and inserting `public or private'.

    (d) Funding- Section 5312(c)(3) (as redesignated by subsection (b) of this section) is amended by striking `shall be accounted for separately within the Mass Transit Account of the Highway Trust Fund and'.

    (e) Conforming Amendments-

      (1) SECTION HEADING- Section 5312 is amended by striking the section heading and inserting the following:

`Sec. 5312. Research, development, demonstration, and deployment projects'.

      (2) CHAPTER ANALYSIS- The analysis for chapter 53 is amended by striking the item relating to section 5312 and inserting the following:

`5312. Research, development, demonstration, and deployment projects.'.

SEC. 3015. TRANSIT COOPERATIVE RESEARCH PROGRAM.

    (a) In General- Section 5313 is amended--

      (1) by striking subsection (b);

      (2) in subsection (a)--

        (A) in paragraph (1) by striking `(1) The amounts made available under paragraphs (1) and (2)(C)(ii) of section 5338(c) of this title' and inserting `The amounts made available under subsections (a)(5)(C)(iii) and (d)(1) of section 5338'; and

        (B) in paragraph (2) by striking `(2) The Secretary' and inserting the following:

    `(b) Federal Assistance- The Secretary'; and

      (3) by striking subsection (c) and inserting the following:

    `(c) Government's Share- If there would be a clear and direct financial benefit to an entity under a grant or contract financed under this section, the Secretary shall establish a Government share consistent with that benefit.'.

    (b) Conforming Amendments-

      (1) SECTION HEADING- Section 5313 is amended by striking the section heading and inserting the following:

`Sec. 5313. Transit cooperative research program'.

      (2) CHAPTER ANALYSIS- The analysis for chapter 53 is amended by striking the item relating to section 5313 and inserting the following:

`5313. Transit cooperative research program.'.

SEC. 3016. NATIONAL RESEARCH AND TECHNOLOGY PROGRAMS.

    (a) In General- Section 5314 is amended--

      (1) by striking the section heading and inserting the following:

`Sec. 5314. National research programs';

      (2) in subsection (a)(1)--

        (A) by striking `subsections (d) and (h)(7) of section 5338 of this title' and inserting `section 5338(d)';

        (B) by striking `and contracts' and inserting `, contracts, cooperative agreements, or other agreements';

        (C) by striking `5303-5306,'; and

        (D) by striking `5317,';

      (3) in subsection (a)(2) by striking `Of the amounts' and all that follows through `$3,000,000 to' and inserting `The Secretary shall';

      (4) by striking subsection (a)(4)(B);

      (5) by redesignating subsection (a)(4)(C) as subsection (a)(4)(B);

      (6) by adding at the end of subsection (a) the following:

      `(6) MEDICAL TRANSPORTATION DEMONSTRATION GRANTS-

        `(A) GRANTS AUTHORIZED- The Secretary may award demonstration grants, from funds made available under paragraph (1), to eligible entities to provide transportation services to individuals to access dialysis treatments and other medical treatments for renal disease.

        `(B) ELIGIBLE ENTITIES- An entity shall be eligible to receive a grant under this paragraph if the entity--

          `(i) meets the conditions described in section 501(c)(3) of the Internal Revenue Code of 1986; or

          `(ii) is an agency of a State or unit of local government.

        `(C) USE OF FUNDS- Grant funds received under this paragraph may be used to provide transportation services to individuals to access dialysis treatments and other medical treatments for renal disease.

        `(D) APPLICATION-

          `(i) IN GENERAL- Each eligible entity desiring a grant under this paragraph shall submit an application to the Secretary at such time, at such place, and containing such information as the Secretary may reasonably require.

          `(ii) SELECTION OF GRANTEES- In awarding grants under this paragraph, the Secretary shall give preference to eligible entities from communities with--

            `(I) high incidence of renal disease; and

            `(II) limited access to dialysis facilities.

        `(E) RULEMAKING- The Secretary shall issue regulations to implement and administer the grant program established under this paragraph.

        `(F) REPORT- The Secretary shall submit a report on the results of the demonstration projects funded under this paragraph to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.'.

      (7) in subsection (b) by striking `or contract' and all that follows through `section,' and inserting `, contract, cooperative agreement, or other agreement under subsection (a) or section 5312,'; and

    (b) National Technical Assistance Center for Senior Transportation- Section 5314 is amended by adding at the end the following:

    `(c) National Technical Assistance Center for Senior Transportation-

      `(1) ESTABLISHMENT- The Secretary shall award grants to a national not-for-profit organization for the establishment and maintenance of a national technical assistance center.

      `(2) ELIGIBILITY- An organization shall be eligible to receive a grant under paragraph (1) if the organization--

        `(A) focuses significantly on serving the needs of the elderly;

        `(B) has demonstrated knowledge and expertise in senior transportation policy and planning issues;

        `(C) has affiliates in a majority of the States;

        `(D) has the capacity to convene local groups to consult on operation and development of senior transportation programs; and

        `(E) has established close working relationships with the Federal Transit Administration and the Administration on Aging.

      `(3) USE OF FUNDS- The national technical assistance center established under this section shall--

        `(A) gather best practices from throughout the Nation and provide such practices to local communities that are implementing senior transportation programs;

        `(B) work with teams from local communities to identify how the communities are successfully meeting the transportation needs of senior citizens and any gaps in services in order to create a plan for an integrated senior transportation program;

        `(C) provide resources on ways to pay for senior transportation services;

        `(D) create a web site to publicize and circulate information on senior transportation programs;

        `(E) establish a clearinghouse for print, video, and audio resources on senior mobility; and

        `(F) administer the demonstration grant program established under paragraph (4).

      `(4) GRANTS AUTHORIZED-

        `(A) IN GENERAL- The national technical assistance center established under this section, in consultation with the Federal Transit Administration, shall award senior transportation demonstration grants to--

          `(i) local transportation organizations;

          `(ii) State agencies;

          `(iii) units of local government; and

          `(iv) nonprofit organizations.

        `(B) USE OF FUNDS- Grant funds received under this paragraph may be used to--

          `(i) evaluate the state of transportation services for senior citizens;

          `(ii) recognize barriers to mobility that senior citizens encounter in their communities;

          `(iii) establish partnerships and promote coordination among community stakeholders, including public, not-for-profit, and for-profit providers of transportation services for senior citizens;

          `(iv) identify future transportation needs of senior citizens within local communities; and

          `(v) establish strategies to meet the unique needs of healthy and frail senior citizens.

        `(C) SELECTION OF GRANTEES- The Secretary shall select grantees under this paragraph based on a fair representation of various geographical locations throughout the United States.'.

    (c) Alternative Fuels Study-

      (1) STUDY- The Secretary shall conduct a study of the actions necessary to facilitate the purchase of increased volumes of alternative fuels (as defined in section 301 of the Energy Policy Act of 1992 (42 U.S.C. 13211)) for use in public transit vehicles.

      (2) SCOPE OF STUDY- The study conducted under this subsection shall focus on the incentives necessary to increase the use of alternative fuels in public transit vehicles, including buses, fixed guideway vehicles, and ferries.

      (3) CONTENTS- The study shall consider--

        (A) the environmental benefits of increased use of alternative fuels in transit vehicles;

        (B) existing opportunities available to transit system operators that encourage the purchase of alternative fuels for transit vehicle operation;

        (C) existing barriers to transit system operators that discourage the purchase of alternative fuels for transit vehicle operation, including situations where alternative fuels that do not require capital improvements to transit vehicles are disadvantaged over fuels that do require such improvements; and

        (D) the necessary levels and type of support necessary to encourage additional use of alternative fuels for transit vehicle operation.

      (4) RECOMMENDATIONS- The study shall recommend regulatory and legislative alternatives that will result in the increased use of alternative fuels in transit vehicles.

      (5) REPORT- Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report containing the results of the study completed under this subsection.

    (d) Conforming Amendment- The analysis for chapter 53 is amended by striking the item relating to section 5314 and inserting the following:

`5314. National research programs.'.

SEC. 3017. NATIONAL TRANSIT INSTITUTE.

    (a) Establishment and Duties- Section 5315 is amended by striking subsections (a) and (b) and inserting the following:

    `(a) Establishment- The Secretary shall award grants to Rutgers University to conduct a national transit institute.

    `(b) Duties-

      `(1) IN GENERAL- In cooperation with the Federal Transit Administration, State transportation departments, public transportation authorities, and national and international entities, the institute established under subsection (a) shall develop and conduct training and educational programs for Federal, State, and local transportation employees, United States citizens, and foreign nationals engaged or to be engaged in Government-aid public transportation work.

      `(2) TRAINING AND EDUCATIONAL PROGRAMS- The training and educational programs developed under paragraph (1) may include courses in recent developments, techniques, and procedures related to--

        `(A) intermodal and public transportation planning;

        `(B) management;

        `(C) environmental factors;

        `(D) acquisition and joint use rights of way;

        `(E) engineering and architectural design;

        `(F) procurement strategies for public transportation systems;

        `(G) turnkey approaches to delivering public transportation systems;

        `(H) new technologies;

        `(I) emission reduction technologies;

        `(J) ways to make public transportation accessible to individuals with disabilities;

        `(K) construction, construction management, insurance, and risk management;

        `(L) maintenance;

        `(M) contract administration;

        `(N) inspection;

        `(O) innovative finance;

        `(P) workplace safety; and

        `(Q) public transportation security.'.

    (b) Availability of Amounts- Section 5315(d) is amended by striking `mass' each place it appears.

SEC. 3018. JOB ACCESS AND REVERSE COMMUTE FORMULA GRANTS.

    (a) In General- Chapter 53 is amended by inserting after section 5315 the following:

`Sec. 5316. Job access and reverse commute formula grants

    `(a) Definitions- In this section, the following definitions apply:

      `(1) ACCESS TO JOBS PROJECT- The term `access to jobs project' means a project relating to the development and maintenance of transportation services designed to transport welfare recipients and eligible low-income individuals to and from jobs and activities related to their employment, including--

        `(A) transportation projects to finance planning, capital, and operating costs of providing access to jobs under this chapter;

        `(B) promoting public transportation by low-income workers, including the use of public transportation by workers with nontraditional work schedules;

        `(C) promoting the use of transit vouchers for welfare recipients and eligible low-income individuals; and

        `(D) promoting the use of employer-provided transportation, including the transit pass benefit program under section 132 of the Internal Revenue Code of 1986.

      `(2) ELIGIBLE LOW-INCOME INDIVIDUAL- The term `eligible low-income individual' means an individual whose family income is at or below 150 percent of the poverty line (as that term is defined in section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)), including any revision required by that section) for a family of the size involved.

      `(3) RECIPIENT- The term `recipient' means a designated recipient (as defined in section 5307(a)(2)) and a State that receives a grant under this section directly.

      `(4) REVERSE COMMUTE PROJECT- The term `reverse commute project' means a public transportation project designed to transport residents of urbanized areas and other than urbanized areas to suburban employment opportunities, including any projects to--

        `(A) subsidize the costs associated with adding reverse commute bus, train, carpool, van routes, or service from urbanized areas and other than urbanized areas to suburban workplaces;

        `(B) subsidize the purchase or lease by a nonprofit organization or public agency of a van or bus dedicated to shuttling employees from their residences to a suburban workplace; or

        `(C) otherwise facilitate the provision of public transportation services to suburban employment opportunities.

      `(5) SUBRECIPIENT- The term `subrecipient' means a State or local governmental authority, nonprofit organization, or operator of public transportation services that receives a grant under this section indirectly through a recipient.

      `(6) WELFARE RECIPIENT- The term `welfare recipient' means an individual who has received assistance under a State or tribal program funded under part A of title IV of the Social Security Act at any time during the 3-year period before the date on which the applicant applies for a grant under this section.

    `(b) General Authority-

      `(1) GRANTS- The Secretary may make grants under this section to a recipient for access to jobs and reverse commute projects carried out by the recipient or a subrecipient.

      `(2) ADMINISTRATIVE EXPENSES- A recipient may use not more than 10 percent of the amounts apportioned to the recipient under this section to administer, plan, and provide technical assistance for a project funded under this section.

    `(c) Apportionments-

      `(1) FORMULA- The Secretary shall apportion amounts made available for a fiscal year to carry out this section as follows:

        `(A) 60 percent of the funds shall be apportioned among designated recipients (as defined in section 5307(a)(2)) for urbanized areas with a population of 200,000 or more in the ratio that--

          `(i) the number of eligible low-income individuals and welfare recipients in each such urbanized area; bears to

          `(ii) the number of eligible low-income individuals and welfare recipients in all such urbanized areas.

        `(B) 20 percent of the funds shall be apportioned among the States in the ratio that--

          `(i) the number of eligible low-income individuals and welfare recipients in urbanized areas with a population of less than 200,000 in each State; bears to

          `(ii) the number of eligible low-income individuals and welfare recipients in urbanized areas with a population of less than 200,000 in all States.

        `(C) 20 percent of the funds shall be apportioned among the States in the ratio that--

          `(i) the number of eligible low-income individuals and welfare recipients in other than urbanized areas in each State; bears to

          `(ii) the number of eligible low-income individuals and welfare recipients in other than urbanized areas in all States.

      `(2) USE OF APPORTIONED FUNDS- Except as provided in paragraph (3)--

        `(A) funds apportioned under paragraph (1)(A) shall be used for projects serving urbanized areas with a population of 200,000 or more;

        `(B) funds apportioned under paragraph (1)(B) shall be used for projects serving urbanized areas with a population of less than 200,000; and

        `(C) funds apportioned under paragraph (1)(C) shall be used for projects serving other than urbanized areas.

      `(3) EXCEPTIONS- A State may use funds apportioned under paragraphs (1)(B) and (1)(C)--

        `(A) for projects serving areas other than the area specified in paragraph (2)(B) or (2)(C), as the case may be, if the Governor of the State certifies that all of the objectives of this section are being met in the specified area; or

        `(B) for projects anywhere in the State if the State has established a statewide program for meeting the objectives of this section.

    `(d) Competitive Process for Grants to Subrecipients-

      `(1) AREAWIDE SOLICITATIONS- A recipient of funds apportioned under subsection (c)(1)(A) shall conduct, in cooperation with the appropriate metropolitan planning organization, an areawide solicitation for applications for grants to the recipient and subrecipients under this section.

      `(2) STATEWIDE SOLICITATION- A recipient of funds apportioned under subsection (c)(1)(B) or (c)(1)(C) shall conduct a statewide solicitation for applications for grants to the recipient and subrecipients under this section.

      `(3) APPLICATION- Recipients and subrecipients seeking to receive a grant from funds apportioned under subsection (c) shall submit to the recipient an application in the form and in accordance with such requirements as the recipient shall establish.

      `(4) GRANT AWARDS- The recipient shall award grants under paragraphs (1) and (2) on a competitive basis.

    `(e) Transfers-

      `(1) IN GENERAL- A State may transfer any funds apportioned to it under subsection (c)(1)(B) or (c)(1)(C), or both, to an apportionment under section 5311(c) or 5336, or both.

      `(2) LIMITED TO ELIGIBLE PROJECTS- Any apportionment transferred under this subsection shall be made available only for eligible job access and reverse commute projects as described in this section.

      `(3) CONSULTATION- A State may make a transfer of an amount under this subsection only after consulting with responsible local officials and publicly owned operators of public transportation in each area for which the amount originally was awarded under subsection (d)(4).

    `(f) Grant Requirements-

      `(1) IN GENERAL- A grant under this section shall be subject to the requirements of section 5307.

      `(2) FAIR AND EQUITABLE DISTRIBUTION- A recipient of a grant under this section shall certify to the Secretary that allocations of the grant to subrecipients are distributed on a fair and equitable basis.

    `(g) Coordination-

      `(1) IN GENERAL- The Secretary shall coordinate activities under this section with related activities under programs of other Federal departments and agencies.

      `(2) WITH NONPROFIT PROVIDERS- A State that transfers funds to an apportionment under section 5336 pursuant to subsection (e) shall certify to the Secretary that any project for which the funds are requested under this section has been coordinated with nonprofit providers of services.

      `(3) PROJECT SELECTION AND PLANNING- A recipient of funds under this section shall certify to the Secretary that--

        `(A) the projects selected were derived from a locally developed, coordinated public transit-human services transportation plan; and

        `(B) the plan was developed through a process that included representatives of public, private, and nonprofit transportation and human services providers and participation by the public.

    `(h) Government's Share of Costs-

      `(1) CAPITAL PROJECTS- A grant for a capital project under this section may not exceed 80 percent of the net capital costs of the project, as determined by the Secretary.

      `(2) OPERATING ASSISTANCE- A grant made under this section for operating assistance may not exceed 50 percent of the net operating costs of the project, as determined by the Secretary.

      `(3) REMAINDER- The remainder of the net project costs--

        `(A) may be provided from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, a service agreement with a State or local social service agency or a private social service organization, or new capital; and

        `(B) may be derived from amounts appropriated to or made available to a department or agency of the Government (other than the Department of Transportation) that are eligible to be expended for transportation.

      `(4) USE OF CERTAIN FUNDS- For purposes of paragraph (3)(B), the prohibitions on the use of funds for matching requirements under section 403(a)(5)(C)(vii) of the Social Security Act (42 U.S.C. 603(a)(5)(C)(vii)) shall not apply to Federal or State funds to be used for transportation purposes.

      `(5) LIMITATION ON OPERATING ASSISTANCE- A recipient carrying out a program of operating assistance under this section may not limit the level or extent of use of the Government grant for the payment of operating expenses.

    `(i) Program Evaluation-

      `(1) COMPTROLLER GENERAL- Beginning one year after the date of enactment of the Federal Public Transportation Act of 2005, and every 2 years thereafter, the Comptroller General shall--

        `(A) conduct a study to evaluate the grant program authorized by this section; and

        `(B) transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report describing the results of the study under subparagraph (A).

      `(2) DEPARTMENT OF TRANSPORTATION- Not later than 3 years after the date of enactment of Federal Public Transportation Act of 2005, the Secretary shall--

        `(A) conduct a study to evaluate the effectiveness of the grant program authorized by this section and the effectiveness of recipients making grants to subrecipients under this section; and

        `(B) transmit to the committees referred to in paragraph (1)(B) a report describing the results of the study under subparagraph (A).'.

    (b) Conforming Amendment- The analysis for chapter 53 is amended by inserting after the item relating to section 5315 the following:

`5316. Job access and reverse commute formula grants.'.

    (c) Repeal- Effective October 1, 2005, section 3037 of the Transportation Equity Act for the 21st Century (49 U.S.C. 5309 note; 112 Stat. 387) is repealed.

SEC. 3019. NEW FREEDOM PROGRAM.

    (a) In General- Chapter 53 is amended by inserting after section 5316 the following:

`Sec. 5317. New freedom program

    `(a) Definitions- In this section, the following definitions apply:

      `(1) RECIPIENT- The term `recipient' means a designated recipient (as defined in section 5307(a)(2)) and a State that receives a grant under this section directly.

      `(2) SUBRECIPIENT- The term `subrecipient' means a State or local governmental authority, nonprofit organization, or operator of public transportation services that receives a grant under this section indirectly through a recipient.

    `(b) General Authority-

      `(1) GRANTS- The Secretary may make grants under this section to a recipient for new public transportation services and public transportation alternatives beyond those required by the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) that assist individuals with disabilities with transportation, including transportation to and from jobs and employment support services.

      `(2) ADMINISTRATIVE EXPENSES- A recipient may use not more than 10 percent of the amounts apportioned to the recipient under this section to administer, plan, and provide technical assistance for a project funded under this section.

    `(c) Apportionments-

      `(1) FORMULA- The Secretary shall apportion amounts made available to carry out this section as follows:

        `(A) 60 percent of the funds shall be apportioned among designated recipients (as defined in section 5307(a)(2)) for urbanized areas with a population of 200,000 or more in the ratio that--

          `(i) the number of individuals with disabilities in each such urbanized area; bears to

          `(ii) the number of individuals with disabilities in all such urbanized areas.

        `(B) 20 percent of the funds shall be apportioned among the States in the ratio that--

          `(i) the number of individuals with disabilities in urbanized areas with a population of less than 200,000 in each State; bears to

          `(ii) the number of individuals with disabilities in urbanized areas with a population of less than 200,000 in all States.

        `(C) 20 percent of the funds shall be apportioned among the States in the ratio that--

          `(i) the number of individuals with disabilities in other than urbanized areas in each State; bears to

          `(ii) the number of individuals with disabilities in other than urbanized areas in all States.

      `(2) USE OF APPORTIONED FUNDS- Funds apportioned under paragraph (1) shall be used for projects as follows:

        `(A) Funds apportioned under paragraph (1)(A) shall be used for projects serving urbanized areas with a population of 200,000 or more.

        `(B) Funds apportioned under paragraph (1)(B) shall be used for projects serving urbanized areas with a population of less than 200,000.

        `(C) Funds apportioned under paragraph (1)(C) shall be used for projects serving other than urbanized areas.

      `(3) TRANSFERS-

        `(A) IN GENERAL- A State may transfer any funds apportioned to it under paragraph (1)(B) or (1)(C), or both, to an apportionment under section 5311(c) or 5336, or both.

        `(B) LIMITED TO ELIGIBLE PROJECTS- Any funds transferred pursuant to this paragraph shall be made available only for eligible projects selected under this section.

        `(C) CONSULTATION- A State may make a transfer of an amount under this subsection only after consulting with responsible local officials and publicly owned operators of public transportation in each area for which the amount originally was awarded under subsection (d)(4).

    `(d) Competitive Process for Grants to Subrecipients-

      `(1) AREAWIDE SOLICITATIONS- A recipient of funds apportioned under subsection (c)(1)(A) shall conduct, in cooperation with the appropriate metropolitan planning organization, an areawide solicitation for applications for grants to the recipient and subrecipients under this section.

      `(2) STATEWIDE SOLICITATION- A recipient of funds apportioned under subsection (c)(1)(B) or (c)(1)(C) shall conduct a statewide solicitation for applications for grants to the recipient and subrecipients under this section.

      `(3) APPLICATION- Recipients and subrecipients seeking to receive a grant from funds apportioned under subsection (c) shall submit to the recipient an application in the form and in accordance with such requirements as the recipient shall establish.

      `(4) GRANT AWARDS- The recipient shall award grants under paragraphs (1) and (2) on a competitive basis.

    `(e) Grant Requirements-

      `(1) IN GENERAL- A grant under this section shall be subject to all the requirements of section 5310 to the extent the Secretary considers appropriate.

      `(2) FAIR AND EQUITABLE DISTRIBUTION- A recipient of a grant under this section shall certify that allocations of the grant to subrecipients are distributed on a fair and equitable basis.

    `(f) Coordination-

      `(1) IN GENERAL- The Secretary shall coordinate activities under this section with related activities under programs of other Federal departments and agencies.

      `(2) WITH NONPROFIT PROVIDERS- A recipient that transfers funds to an apportionment under section 5336 pursuant to subsection (c)(2) shall certify that the project for which the funds are requested under this section has been coordinated with nonprofit providers of services.

      `(3) PROJECT SELECTION AND PLANNING- Beginning in fiscal year 2007, a recipient of funds under this section shall certify that--

        `(A) the projects selected were derived from a locally developed, coordinated public transit-human services transportation plan; and

        `(B) the plan was developed through a process that included representatives of public, private, and nonprofit transportation and human services providers and participation by the public.

    `(g) Government's Share of Costs-

      `(1) CAPITAL PROJECTS- A grant for a capital project under this section may not exceed 80 percent of the net capital costs of the project, as determined by the Secretary.

      `(2) OPERATING ASSISTANCE- A grant made under this section for operating assistance may not exceed 50 percent of the net operating costs of the project, as determined by the Secretary.

      `(3) REMAINDER- The remainder of the net project costs--

        `(A) may be provided from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, a service agreement with a State or local social service agency or a private social service organization, or new capital; and

        `(B) may be derived from amounts appropriated to or made available to a department or agency of the Government (other than the Department of Transportation) that are eligible to be expended for transportation.

      `(4) USE OF CERTAIN FUNDS- For purposes of paragraph (3)(B), the prohibitions on the use of funds for matching requirements under section 403(a)(5)(C)(vii) of the Social Security Act (42 U.S.C. 603(a)(5)(C)(vii)) shall not apply to Federal or State funds to be used for transportation purposes.

      `(5) LIMITATION ON OPERATING ASSISTANCE- A recipient carrying out a program of operating assistance under this section may not limit the level or extent of use of the Government grant for the payment of operating expenses.'.

    (b) Conforming Amendment- The analysis for chapter 53 is amended by inserting after the item relating to section 5316 the following:

`5317. New freedom program.'.

SEC. 3020. BUS TESTING FACILITY.

    (a) Facility- Section 5318(a) is amended to read as follows:

    `(a) Facility- The Secretary shall maintain one facility for testing a new bus model for maintainability, reliability, safety, performance (including braking performance), structural integrity, fuel economy, emissions, and noise.'.

    (b) Availability of Amounts To Pay for Testing- Section 5318(d) is amended by striking `under section 5309(m)(1)(C) of this title' and inserting `to carry out this section'.

    (c) Acquiring New Bus Models- Section 5318(e) is amended to read as follows:

    `(e) Acquiring New Bus Models- Amounts appropriated or made available under this chapter may be obligated or expended to acquire a new bus model only if a bus of that model has been tested at the facility maintained by the Secretary under subsection (a).'.

SEC. 3021. ALTERNATIVE TRANSPORTATION IN PARKS AND PUBLIC LANDS.

    (a) In General- Chapter 53 is amended by striking section 5320 and inserting the following:

`Sec. 5320. Alternative transportation in parks and public lands

    `(a) In General-

      `(1) AUTHORIZATION-

        `(A) IN GENERAL- The Secretary, in consultation with the Secretary of the Interior, may award a grant or enter into a contract, cooperative agreement, interagency agreement, intraagency agreement, or other agreement to carry out a qualified project under this section to enhance the protection of national parks and public lands and increase the enjoyment of those visiting the parks and public lands by--

          `(i) ensuring access to all, including persons with disabilities;

          `(ii) improving conservation and park and public land opportunities in urban areas through partnering with State and local governments; and

          `(iii) improving park and public land transportation infrastructure.

        `(B) CONSULTATION WITH OTHER AGENCIES- To the extent that projects are proposed or funded in eligible areas that are not within the jurisdiction of the Department of the Interior, the Secretary of the Interior shall consult with the heads of the relevant Federal land management agencies in carrying out the responsibilities under this section.

      `(2) USE OF FUNDS- A grant, cooperative agreement, interagency agreement, intraagency agreement, or other agreement for a qualified project under this section shall be available to finance the leasing of equipment and facilities for use in public transportation, subject to any regulation that the Secretary may prescribe limiting the grant or agreement to leasing arrangements that are more cost-effective than purchase or construction.

      `(3) ALTERNATIVE TRANSPORTATION FACILITIES AND SERVICES- Projects receiving assistance under this section shall provide alternative transportation facilities and services that complement and enhance existing transportation services in national parks and public lands in a manner that is consistent with Department of Interior and other public land management policies regarding private automobile access to and in such parks and lands.

    `(b) Definitions- In this section, the following definitions apply:

      `(1) ELIGIBLE AREA- The term `eligible area' means any federally owned or managed park, refuge, or recreational area that is open to the general public, including--

        `(A) a unit of the National Park System;

        `(B) a unit of the National Wildlife Refuge System;

        `(C) a recreational area managed by the Bureau of Land Management;

        `(D) a recreation area managed by the Bureau of Reclamation; and

        `(E) a unit of the National Forest System.

      `(2) FEDERAL LAND MANAGEMENT AGENCY- The term `Federal land management agency' means a Federal agency that manages an eligible area.

      `(3) ALTERNATIVE TRANSPORTATION- The term `alternative transportation' means transportation by bus, rail, or any other publicly or privately owned conveyance that provides to the public general or special service on a regular basis, including sightseeing service. Such term also includes a nonmotorized transportation system (including the provision of facilities for pedestrians, bicycles, and nonmotorized watercraft).

      `(4) QUALIFIED PARTICIPANT- The term `qualified participant' means--

        `(A) a Federal land management agency; or

        `(B) a State, tribal, or local governmental authority with jurisdiction over land in the vicinity of an eligible area acting with the consent of the Federal land management agency, alone or in partnership with a Federal land management agency or other governmental or nongovernmental participant.

      `(5) QUALIFIED PROJECT- The term `qualified project' means a planning or capital project in or in the vicinity of an eligible area that--

        `(A) is an activity described in section 5302(a)(1)(A), 5303, 5304, 5305, or 5309(b);

        `(B) involves--

          `(i) the purchase of rolling stock that incorporates clean fuel technology or the replacement of buses of a type in use on the date of enactment of the Federal Public Transportation Act of 2005 with clean fuel vehicles; or

          `(ii) the deployment of alternative transportation vehicles that introduce innovative technologies or methods;

        `(C) relates to the capital costs of coordinating the Federal land management agency public transportation systems with other public transportation systems;

        `(D) provides a nonmotorized transportation system (including the provision of facilities for pedestrians, bicycles, and nonmotorized watercraft);

        `(E) provides waterborne access within or in the vicinity of an eligible area, as appropriate to and consistent with this section; or

        `(F) is any other alternative transportation project that--

          `(i) enhances the environment;

          `(ii) prevents or mitigates an adverse impact on a natural resource;

          `(iii) improves Federal land management agency resource management;

          `(iv) improves visitor mobility and accessibility and the visitor experience;

          `(v) reduces congestion and pollution (including noise pollution and visual pollution); or

          `(vi) conserves a natural, historical, or cultural resource (excluding rehabilitation or restoration of a non-transportation facility).

    `(c) Federal Agency Cooperative Arrangements- The Secretary shall develop cooperative arrangements with the Secretary of the Interior that provide for--

      `(1) technical assistance in alternative transportation;

      `(2) interagency and multidisciplinary teams to develop Federal land management agency alternative transportation policy, procedures, and coordination; and

      `(3) the development of procedures and criteria relating to the planning, selection, and funding of qualified projects and the implementation and oversight of the program of projects in accordance with this section.

    `(d) Limitation on Use of Available Amounts-

      `(1) IN GENERAL- The Secretary, in consultation with the Secretary of the Interior, may use not more than 10 percent of the amount made available for a fiscal year under section 5338(b)(2)(J) to carry out planning, research, and technical assistance under this section, including the development of technology appropriate for use in a qualified project.

      `(2) ADDITIONAL AMOUNTS- Amounts made available under this subsection are in addition to amounts otherwise available to the Secretary to carry out planning, research, and technical assistance under this chapter or any other provision of law.

      `(3) MAXIMUM AMOUNT- No qualified project shall receive more than 25 percent of the total amount made available to carry out this section under section 5338(b)(2)(J) for any fiscal year.

    `(e) Planning Process- In undertaking a qualified project under this section--

      `(1) if the qualified participant is a Federal land management agency--

        `(A) the Secretary, in cooperation with the Secretary of the Interior, shall develop transportation planning procedures that are consistent with--

          `(i) the metropolitan planning provisions under section 5303;

          `(ii) the statewide planning provisions under section 5304; and

          `(iii) the public participation requirements under section 5307(d); and

        `(B) in the case of a qualified project that is at a unit of the National Park System, the planning process shall be consistent with the general management plans of the unit of the National Park System; and

      `(2) if the qualified participant is a State or local governmental authority, or more than one State or local governmental authority in more than one State, the qualified participant shall--

        `(A) comply with the metropolitan planning provisions under section 5303;

        `(B) comply with the statewide planning provisions under section 5304;

        `(C) comply with the public participation requirements under section 5307(d); and

        `(D) consult with the appropriate Federal land management agency during the planning process.

    `(f) Cost Sharing-

      `(1) GOVERNMENT'S SHARE- The Secretary, in cooperation with the Secretary of the Interior, shall establish the Government's share of the net project cost to be provided to a qualified participant under this section.

      `(2) CONSIDERATIONS- In establishing the Government's share of the net project cost to be provided under this section, the Secretary shall consider--

        `(A) visitation levels and the revenue derived from user fees in the eligible area in which the qualified project is carried out;

        `(B) the extent to which the qualified participant coordinates with a public transportation authority or private entity engaged in public transportation;

        `(C) private investment in the qualified project, including the provision of contract services, joint development activities, and the use of innovative financing mechanisms;

        `(D) the clear and direct benefit to the qualified participant; and

        `(E) any other matters that the Secretary considers appropriate to carry out this section.

      `(3) SPECIAL RULE- Notwithstanding any other provision of law, funds appropriated to any Federal land management agency may be counted toward the remainder of the net project cost.

    `(g) Selection of Qualified Projects-

      `(1) IN GENERAL- The Secretary of the Interior, after consultation with and in cooperation with the Secretary, shall determine the final selection and funding of an annual program of qualified projects in accordance with this section.

      `(2) CONSIDERATIONS- In determining whether to include a project in the annual program of qualified projects, the Secretary of the Interior shall consider--

        `(A) the justification for the qualified project, including the extent to which the qualified project would conserve resources, prevent or mitigate adverse impact, and enhance the environment;

        `(B) the location of the qualified project, to ensure that the selected qualified projects--

          `(i) are geographically diverse nationwide; and

          `(ii) include qualified projects in eligible areas located in both urban areas and rural areas;

        `(C) the size of the qualified project, to ensure that there is a balanced distribution;

        `(D) the historical and cultural significance of a qualified project;

        `(E) safety;

        `(F) the extent to which the qualified project would--

          `(i) enhance livable communities;

          `(ii) reduce pollution (including noise pollution, air pollution, and visual pollution);

          `(iii) reduce congestion; and

          `(iv) improve the mobility of people in the most efficient manner; and

        `(G) any other matters that the Secretary of the Interior considers appropriate to carry out this section, including--

          `(i) visitation levels;

          `(ii) the use of innovative financing or joint development strategies; and

          `(iii) coordination with gateway communities.

    `(h) Qualified Projects Carried Out in Advance-

      `(1) IN GENERAL- When a qualified participant carries out any part of a qualified project without assistance under this section in accordance with all applicable procedures and requirements, the Secretary, in consultation with the Secretary of the Interior, may pay the share of the net capital project cost of a qualified project if--

        `(A) the qualified participant applies for the payment;

        `(B) the Secretary approves the payment; and

        `(C) before carrying out that part of the qualified project, the Secretary approves the plans and specifications in the same manner as plans and specifications are approved for other projects assisted under this section.

      `(2) FINANCING COSTS-

        `(A) IN GENERAL- The cost of carrying out part of a qualified project under paragraph (1) includes the amount of interest earned and payable on bonds issued by a State or local governmental authority, to the extent that proceeds of the bond are expended in carrying out that part.

        `(B) LIMITATION ON AMOUNT OF INTEREST- The rate of interest under this paragraph may not exceed the most favorable rate reasonably available for the qualified project at the time of borrowing.

        `(C) CERTIFICATION- The qualified participant shall certify, in a manner satisfactory to the Secretary, that the qualified participant has exercised reasonable diligence in seeking the most favorable interest rate.

    `(i) Relationship to Other Laws-

      `(1) SECTION 5307- A qualified participant under this section shall be subject to the requirements of sections 5307 and 5333(a) to the extent the Secretary determines to be appropriate.

      `(2) OTHER REQUIREMENTS- A qualified participant under this section shall be subject to any other requirements that the Secretary determines to be appropriate to carry out this section, including requirements for the distribution of proceeds on disposition of real property and equipment resulting from a qualified project assisted under this section.

      `(3) PROJECT MANAGEMENT PLAN- If the amount of assistance anticipated to be required for a qualified project under this section is not less than $25,000,000--

        `(A) the qualified project shall, to the extent the Secretary considers appropriate, be carried out through a full funding grant agreement in accordance with section 5309(g); and

        `(B) the qualified participant shall prepare a project management plan in accordance with section 5327(a).

    `(j) Asset Management- The Secretary, in consultation with the Secretary of the Interior, may transfer the interest of the Department of Transportation in, and control over, all facilities and equipment acquired under this section to a qualified participant for use and disposition in accordance with any property management regulations that the Secretary determines to be appropriate.

    `(k) Coordination of Research and Deployment of New Technologies-

      `(1) GRANTS AND OTHER ASSISTANCE- The Secretary, in cooperation with the Secretary of the Interior, may undertake, or make grants, cooperative agreements, contracts (including agreements with departments, agencies, and instrumentalities of the Federal Government) or other agreements for research, development, and deployment of new technologies in eligible areas that will--

        `(A) conserve resources;

        `(B) prevent or mitigate adverse environmental impact;

        `(C) improve visitor mobility, accessibility, and enjoyment; and

        `(D) reduce pollution (including noise pollution and visual pollution).

      `(2) INFORMATION- The Secretary may request and receive appropriate information from any source.

      `(3) FUNDING- Grants, cooperative agreements, contracts, and other agreements under paragraph (1) shall be awarded from amounts allocated under subsection (d)(1).

    `(l) Innovative Financing- A qualified project receiving financial assistance under this section shall be eligible for funding through a State infrastructure bank or other innovative financing mechanism available to finance an eligible project under this chapter.

    `(m) Reports-

      `(1) IN GENERAL- The Secretary, in consultation with the Secretary of the Interior, shall annually submit a report on the allocation of amounts made available to assist qualified projects under this section to--

        `(A) the Committee on Banking, Housing, and Urban Affairs of the Senate;

        `(B) the Committee on Transportation and Infrastructure of the House of Representatives; and

        `(C) the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.

      `(2) ANNUAL REPORTS- The report required under paragraph (1) shall be included in the report submitted under section 5309(k)(1).'.

    (b) Conforming Amendment- The analysis for chapter 53 is amended by striking the item relating to section 5320 and inserting the following:

`5320. Alternative transportation in parks and public lands.'.

SEC. 3022. HUMAN RESOURCES PROGRAMS.

    Section 5322 is amended--

      (1) by inserting `(a) In General- ' before `The Secretary'; and

      (2) by adding at the end the following:

    `(b) Fellowships-

      `(1) AUTHORITY TO MAKE GRANTS- The Secretary may 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.

      `(2) TERMS-

        `(A) PERIOD OF TRAINING- A fellowship under this subsection may be for not more than one year of training in an institution that offers a program applicable to the public transportation industry.

        `(B) SELECTION OF INDIVIDUALS- A recipient of a grant for a fellowship under this subsection shall select an individual on the basis of demonstrated ability and for the contribution the individual reasonably can be expected to make to an efficient public transportation operation.

        `(C) AMOUNT- A grant for a fellowship under this subsection may not be more than the lesser of $65,000 or 75 percent of the sum of--

          `(i) tuition and other charges to the fellowship recipient;

          `(ii) additional costs incurred by the training institution and billed to the grant recipient; and

          `(iii) the regular salary of the fellowship recipient for the period of the fellowship to the extent the salary is actually paid or reimbursed by the grant recipient.'.

SEC. 3023. GENERAL PROVISIONS ON ASSISTANCE.

    (a) Interests in Property- Section 5323(a) is amended--

      (1) by striking paragraph (1) and inserting the following:

      `(1) IN GENERAL- Financial assistance provided under this chapter to a State or a local governmental authority may be used to acquire an interest in, or to buy property of, a private company engaged in public transportation, for a capital project for property acquired from a private company engaged in public transportation after July 9, 1964, or to operate a public transportation facility or equipment in competition with, or in addition to, transportation service provided by an existing public transportation company, only if--

        `(A) the Secretary determines that such financial assistance is essential to a program of projects required under sections 5303, 5304, and 5306;

        `(B) the Secretary determines that the program provides for the participation of private companies engaged in public transportation to the maximum extent feasible; and

        `(C) just compensation under State or local law will be paid to the company for its franchise or property.'; and

      (2) in paragraph (2) by striking `(2) A governmental authority' and inserting the following:

      `(2) LIMITATION- A governmental authority'.

    (b) Notice and Public Hearing- Section 5323(b) is amended to read as follows:

    `(b) Notice and Public Hearing-

      `(1) IN GENERAL- For a capital project that will substantially affect a community, or the public transportation service of a community, an applicant shall--

        `(A) provide an adequate opportunity for public review and comment on the project;

        `(B) after providing notice, hold a public hearing on the project if the project affects significant economic, social, or environmental interests;

        `(C) consider the economic, social, and environmental effects of the project; and

        `(D) find that the project is consistent with official plans for developing the community.

      `(2) NOTICE- Notice of a hearing under this subsection--

        `(A) shall include a concise description of the proposed project; and

        `(B) shall be published in a newspaper of general circulation in the geographic area the project will serve.

      `(3) APPLICATION REQUIREMENTS- An application for a grant under this chapter for a capital project described in paragraph (1) shall include--

        `(A) a certification that the applicant has complied with the requirements of this subsection; and

        `(B) in the environmental record for the project, evidence that the applicant has complied with the requirements of this subsection.'.

    (c) Fares Not Required- Section 5323(c) is amended to read as follows:

    `(c) Fares Not Required- This chapter does not require that elderly individuals and individuals with disabilities be charged a fare.'.

    (d) Condition on Charter Bus Transportation Service- Section 5323(d) is amended--

      (1) by striking `(1) Financial assistance' and inserting the following:

      `(1) AGREEMENTS- Financial assistance'; and

      (2) by striking paragraph (2) and inserting the following:

      `(2) VIOLATIONS-

        `(A) INVESTIGATIONS- On receiving a complaint about a violation of the agreement required under paragraph (1), the Secretary shall investigate and decide whether a violation has occurred.

        `(B) ENFORCEMENT OF AGREEMENTS- If the Secretary decides that a violation has occurred, the Secretary shall correct the violation under terms of the agreement.

        `(C) ADDITIONAL REMEDIES- In addition to any remedy specified in the agreement, the Secretary shall bar a recipient or an operator from receiving Federal transit assistance in an amount the Secretary considers appropriate if the Secretary finds a pattern of violations of the agreement.'.

    (e) Bond Proceeds Eligible for Local Share- Section 5323(e) is amended to read as follows:

    `(e) Bond Proceeds Eligible for Local Share-

      `(1) USE AS LOCAL MATCHING FUNDS- Notwithstanding any other provision of law, a recipient of assistance under section 5307 or 5309 may use the proceeds from the issuance of revenue bonds as part of the local matching funds for a capital project.

      `(2) MAINTENANCE OF EFFORT- The Secretary shall approve of the use of the proceeds from the issuance of revenue bonds for the remainder of the net project cost only if the Secretary finds that the aggregate amount of financial support for public transportation in the urbanized area provided by the State and affected local governmental authorities during the next 3 fiscal years, as programmed in the State transportation improvement program under section 5304, is not less than the aggregate amount provided by the State and affected local governmental authorities in the urbanized area during the preceding 3 fiscal years.

      `(3) DEBT SERVICE RESERVE- The Secretary may reimburse an eligible recipient for deposits of bond proceeds in a debt service reserve that the recipient establishes pursuant to section 5302(a)(1)(K) from amounts made available to the recipient under section 5309.

      `(4) PILOT PROGRAM FOR URBANIZED AREAS-

        `(A) IN GENERAL- The Secretary shall establish a pilot program to reimburse not to exceed 10 eligible recipients for deposits of bond proceeds in a debt service reserve that the recipient establishes pursuant to section 5302(a)(1)(K) from amounts made available to the recipient under section 5307.

        `(B) REPORT- Not later than July 31, 2008, the Secretary shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the status and effectiveness of the pilot program established under subparagraph (A).'.

    (f) Schoolbus Transportation- Section 5323(f) is amended--

      (1) by striking `(1) Financial assistance' and inserting the following:

      `(1) AGREEMENTS- Financial assistance';

      (2) in paragraph (1) by moving subparagraphs (A), (B), and (C) 2 ems to the right; and

      (3) by striking paragraph (2) and inserting the following:

      `(2) VIOLATIONS- If the Secretary finds that an applicant, governmental authority, or publicly owned operator has violated the agreement required under paragraph (1), the Secretary shall bar a recipient or an operator from receiving Federal transit assistance in an amount the Secretary considers appropriate.'.

    (g) Buying Buses Under Other Laws- Section 5323(g) is amended by striking `103(e)(4) and 142(a) or (c)' each place it appears and inserting `133 and 142'.

    (h) Government's Share of Costs for Certain Projects- Section 5323(i) is amended--

      (1) in the subsection heading by striking `Government' and inserting `Government's';

      (2) by striking `A grant' and inserting the following:

      `(1) EQUIPMENT FOR ADA AND CLEAN AIR ACT COMPLIANCE- A grant';

      (3) by inserting `or facilities' after `equipment' each place it appears; and

      (4) by adding at the end the following:

      `(2) CERTAIN STATE OWNED RAILROADS- The Government share for financial assistance under this chapter to a State-owned railroad (as defined in section 603 of the Rail Safety and Service Improvement Act of 1982 (45 U.S.C. 1202)) shall be the same as the Government share under section 120(b) of title 23 for Federal-aid highway funds apportioned to the State in which the railroad operates.'.

    (i) Buy America-

      (1) PUBLIC INTEREST WAIVER- Section 5323(j) is amended--

        (A) by redesignating paragraphs (3) through (7) as paragraphs (4) through (8), respectively; and

        (B) by inserting after paragraph (2) the following:

      `(3) WRITTEN JUSTIFICATION FOR PUBLIC INTEREST WAIVER- When issuing a waiver based on a public interest determination under paragraph (2)(A), the Secretary shall issue a detailed written justification as to why the waiver is in the public interest. The Secretary shall publish such justification in the Federal Register and provide the public with a reasonable period of time for notice and comment.'.

      (2) INELIGIBILITY FOR CONTRACTS- Section 5323(j)(6) (as so redesignated) is amended by striking `Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102-240, 105 Stat. 1914)' and inserting `Federal Public Transportation Act of 2005'.

      (3) ADMINISTRATIVE REVIEW- Section 5323(j) is amended by adding at the end the following:

      `(9) ADMINISTRATIVE REVIEW- A party adversely affected by an agency action under this subsection shall have the right to seek review under section 702 of title 5.'.

      (4) REPEAL OF GENERAL WAIVER- Subsections (b) and (c) of Appendix A of section 661.7 of title 49, Code of Federal Regulations, shall cease to be in effect beginning on the date of enactment of this Act.

      (5) RULEMAKING- Not later than 180 days after the date of enactment of this Act, the Secretary shall issue a final rule on implementation of the requirements of section 5323(j) of title 49, United States Code (in this paragraph referred to as the `Buy America requirements'). The purposes of the regulations shall be as follows:

        (A) MICROPROCESSOR WAIVER- To clarify that any waiver from the Buy America requirements issued under section 5323(j)(2) of such title for a microprocessor, computer, or microcomputer applies only to a device used solely for the purpose of processing or storing data and does not extend to a product containing a microprocessor, computer, or microcomputer.

        (B) DEFINITIONS- To define the terms `end product', `negotiated procurement', and `contractor' for purposes of part 661 of title 49, Code of Federal Regulations. In defining the terms, the Secretary shall develop a list of representative items that are subject to the Buy America requirements, and shall address the procurement of systems under the definition to ensure that major system procurements are not used to circumvent the Buy America requirements.

        (C) POST-AWARD WAIVERS- To permit a grantee to request a non-availability waiver from the Buy America requirements under section 661.7c of title 49, Code of Federal Regulations, after contract award in any case in which the contractor has made a certification of compliance with the requirements in good faith.

        (D) CERTIFICATION UNDER NEGOTIATED PROCUREMENT PROCESS- In any case in which a negotiated procurement process is used, compliance with the Buy America requirements shall be determined on the basis of the certification submitted with the final offer.

    (j) Relationship to Other Laws- Section 5323(l) is amended to read as follows:

    `(l) Relationship to Other Laws- Section 1001 of title 18 applies to a certificate, submission, or statement provided under this chapter. The Secretary may terminate financial assistance under this chapter and seek reimbursement directly, or by offsetting amounts, available under this chapter if the Secretary determines that a recipient of such financial assistance has made a false or fraudulent statement or related act in connection with a Federal transit program.'.

    (k) Preaward and Postdelivery Review of Rolling Stock Purchases- Section 5323(m) is amended by adding at the end the following: `Rolling stock procurements of 20 vehicles or fewer made for the purpose of serving other than urbanized areas and urbanized areas with populations of 200,000 or fewer shall be subject to the same requirements as established for procurements of 10 or fewer buses under the post-delivery purchaser's requirements certification process under section 663.37(c) of title 49, Code of Federal Regulations.'.

    (l) Grant Requirements- Section 5323(o) is amended by striking `the Transportation Infrastructure Finance and Innovation Act of 1998' and inserting `chapter 6 (other than section 609) of title 23'.

    (m) Alternative Fueling Facilities- Section 5323 is amended by adding at the end the following:

    `(p) Alternative Fueling Facilities- A recipient of assistance under this chapter may allow the incidental use of Federally funded alternative fueling facilities and equipment by nontransit public entities and private entities if--

      `(1) the incidental use does not interfere with the recipient's public transportation operations;

      `(2) all costs related to the incidental use are fully recaptured by the recipient from the nontransit public entity or private entity;

      `(3) the recipient uses revenues received from the incidental use in excess of costs for planning, capital, and operating expenses that are incurred in providing public transportation; and

      `(4) private entities pay all applicable excise taxes on fuel.'.

SEC. 3024. SPECIAL PROVISIONS FOR CAPITAL PROJECTS.

    (a) In General- Section 5324 is amended to read as follows:

`Sec. 5324. Special provisions for capital projects

    `(a) Relocation and Real Property Requirements- The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.) shall apply to financial assistance for capital projects under this chapter.

    `(b) Consideration of Economic, Social, and Environmental Interests-

      `(1) COOPERATION AND CONSULTATION- In carrying out the policy of section 5301(e), the Secretary shall cooperate and consult with the Secretary of the Interior and the Administrator of the Environmental Protection Agency on each project that may have a substantial impact on the environment.

      `(2) PUBLIC PARTICIPATION IN ENVIRONMENTAL REVIEWS- In performing environmental reviews, the Secretary shall review each transcript of a hearing submitted under section 5323(b) to establish that an adequate opportunity to present views was given to all parties having a significant economic, social, or environmental interest in the project, and that the project application includes a record of--

        `(A) the environmental impact of the proposal;

        `(B) adverse environmental effects that cannot be avoided;

        `(C) alternatives to the proposal; and

        `(D) irreversible and irretrievable impacts on the environment.

      `(3) APPROVAL OF APPLICATIONS FOR ASSISTANCE-

        `(A) FINDINGS BY THE SECRETARY- The Secretary may approve an application for financial assistance for a capital project in accordance with this chapter only if the Secretary makes written findings, after reviewing the application and the transcript of any hearing held before a State or local governmental authority under section 5323(b), that--

          `(i) an adequate opportunity to present views was given to all parties having a significant economic, social, or environmental interest;

          `(ii) the preservation and enhancement of the environment and the interest of the community in which the project is located were considered; and

          `(iii) no adverse environmental effect is likely to result from the project, or no feasible and prudent alternative to the effect exists and all reasonable steps have been taken to minimize the effect.

        `(B) HEARING- If a hearing has not been conducted or the Secretary decides that the record of the hearing is inadequate for making the findings required by this subsection, the Secretary shall conduct a hearing on an environmental issue raised by the application after giving adequate notice to interested persons.

        `(C) AVAILABILITY OF FINDINGS- The Secretary's findings under subparagraph (A) shall be made a matter of public record.

    `(c) Railroad Corridor Preservation-

      `(1) IN GENERAL- The Secretary may assist an applicant to acquire railroad right-of-way before the completion of the environmental reviews for any project that may use the right-of-way if the acquisition is otherwise permitted under Federal law. The Secretary may establish restrictions on such an acquisition as the Secretary determines to be necessary and appropriate.

      `(2) ENVIRONMENTAL REVIEWS- Railroad right-of-way acquired under this subsection may not be developed in anticipation of the project until all required environmental reviews for the project have been completed.'.

    (b) Chapter Analysis- The analysis for chapter 53 is amended by striking the item relating to section 5324 and inserting the following:

`5324. Special provisions for capital projects.'.

SEC. 3025. CONTRACT REQUIREMENTS.

    (a) In General- Section 5325 is amended to read as follows:

`Sec. 5325. Contract requirements

    `(a) Competition- Recipients of assistance under this chapter shall conduct all procurement transactions in a manner that provides full and open competition as determined by the Secretary.

    `(b) Architectural, Engineering, and Design Contracts-

      `(1) PROCEDURES FOR AWARDING CONTRACT- A contract or requirement for program management, architectural engineering, construction management, a feasibility study, and preliminary engineering, design, architectural, engineering, surveying, mapping, or related services for a project for which Federal assistance is provided under this chapter shall be awarded in the same way as a contract for architectural and engineering services is negotiated under chapter 11 of title 40 or an equivalent qualifications-based requirement of a State.

      `(2) EFFECT OF STATE LAWS- Paragraph (1) does not apply to the extent a State has adopted by law, before the date of enactment of the Federal Public Transportation Act of 2005, an equivalent State qualifications-based requirement for contracting for architectural, engineering, and design services.

      `(3) ADDITIONAL REQUIREMENTS- When awarding a contract described in paragraph (1), recipients of assistance under this chapter shall comply with the following requirements:

        `(A) PERFORMANCE OF AUDITS- Any contract or subcontract awarded under this chapter shall be performed and audited in compliance with cost principles contained in part 31 of title 48, Code of Federal Regulations (commonly known as the Federal Acquisition Regulation).

        `(B) INDIRECT COST RATES- A recipient of funds under a contract or subcontract awarded under this chapter shall accept indirect cost rates established in accordance with the Federal Acquisition Regulation for 1-year applicable accounting periods by a cognizant Federal or State government agency, if such rates are not currently under dispute.

        `(C) APPLICATION OF RATES- After a firm's indirect cost rates are accepted under subparagraph (B), the recipient of the funds shall apply such rates for the purposes of contract estimation, negotiation, administration, reporting, and contract payment, and shall not be limited by administrative or de facto ceilings.

        `(D) PRENOTIFICATION; CONFIDENTIALITY OF DATA- A recipient requesting or using the cost and rate data described in subparagraph (C) shall notify any affected firm before such request or use. Such data shall be confidential and shall not be accessible or provided by the group of agencies sharing cost data under this subparagraph, except by written permission of the audited firm. If prohibited by law, such cost and rate data shall not be disclosed under any circumstances.

    `(c) Efficient Procurement- A recipient may award a procurement contract under this chapter to other than the lowest bidder if the award furthers an objective consistent with the purposes of this chapter, including improved long-term operating efficiency and lower long-term costs.

    `(d) Design-Build Projects-

      `(1) TERM DEFINED- In this subsection, the term `design-build project'--

        `(A) means a project under which a recipient enters into a contract with a seller, firm, or consortium of firms to design and build a public transportation system, or an operable segment of such system, that meets specific performance criteria; and

        `(B) may include an option to finance, or operate for a period of time, the system or segment or any combination of designing, building, operating, or maintaining such system or segment.

      `(2) FINANCIAL ASSISTANCE FOR CAPITAL COSTS- Federal financial assistance under this chapter may be provided for the capital costs of a design-build project after the recipient complies with Government requirements.

    `(e) Multiyear Rolling Stock-

      `(1) CONTRACTS- A recipient procuring rolling stock with Government financial assistance under this chapter may make a multiyear contract to buy the rolling stock and replacement parts under which the recipient has an option to buy additional rolling stock or replacement parts for not more than 5 years after the date of the original contract.

      `(2) COOPERATION AMONG RECIPIENTS- The Secretary shall allow at least 2 recipients to act on a cooperative basis to procure rolling stock in compliance with this subsection and other Government procurement requirements.

    `(f) Acquiring Rolling Stock- A recipient of financial assistance under this chapter may enter into a contract to expend that assistance to acquire rolling stock--

      `(1) based on--

        `(A) initial capital costs; or

        `(B) performance, standardization, life cycle costs, and other factors; or

      `(2) with a party selected through a competitive procurement process.

    `(g) Examination of Records- Upon request, the Secretary and the Comptroller General, or any of their representatives, shall have access to and the right to examine and inspect all records, documents, and papers, including contracts, related to a project for which a grant is made under this chapter.

    `(h) Grant Prohibition- A grant awarded under this chapter or the Federal Public Transportation Act of 2005 may not be used to support a procurement that uses an exclusionary or discriminatory specification.

    `(i) Bus Dealer Requirements- No State law requiring buses to be purchased through in-State dealers shall apply to vehicles purchased with a grant under this chapter.

    `(j) Awards to Responsible Contractors-

      `(1) IN GENERAL- Federal financial assistance under this chapter may be provided for contracts only if a recipient awards such contracts to responsible contractors possessing the ability to successfully perform under the terms and conditions of a proposed procurement.

      `(2) CRITERIA- Before making an award to a contractor under paragraph (1), a recipient shall consider--

        `(A) the integrity of the contractor;

        `(B) the contractor's compliance with public policy;

        `(C) the contractor's past performance, including the performance reported in the Contractor Performance Assessment Reports required under section 5309(l)(2); and

        `(D) the contractor's financial and technical resources.'.

    (b) Conforming Amendment- Section 5326 and the item relating to section 5326 in the analysis for chapter 53 are repealed.

SEC. 3026. PROJECT MANAGEMENT OVERSIGHT AND REVIEW.

    (a) Project Management Plan Requirements- Section 5327(a) is amended--

      (1) in paragraph (11) by striking `and' at the end;

      (2) in paragraph (12) by striking the period at the end and inserting `; and'; and

      (3) by adding at the end the following:

      `(13) safety and security management.'.

    (b) Limitations- Section 5327(c) is amended to read as follows:

    `(c) Limitations-

      `(1) LIMITATIONS ON USE OF AVAILABLE AMOUNTS- Of the amounts made available to carry out this chapter for a fiscal year, the Secretary may use not more than the following amounts to make contracts for the activities described in paragraph (2):

        `(A) 0.5 percent of amounts made available to carry out section 5305.

        `(B) 0.75 percent of amounts made available to carry out section 5307.

        `(C) 1 percent of amounts made available to carry out section 5309.

        `(D) 0.5 percent of amounts made available to carry out section 5310.

        `(E) 0.5 percent of amounts made available to carry out section 5311.

        `(F) 0.5 percent of amounts made available to carry out section 5320.

      `(2) ACTIVITIES- Paragraph (1) shall apply to the following:

        `(A) Activities to oversee the construction of a major project.

        `(B) Activities to review and audit the safety and security, procurement, management, and financial compliance of a recipient or subrecipient of funds under sections 5305, 5307, 5309, 5310, 5311, and 5320.

        `(C) Activities to provide technical assistance to correct deficiencies identified in compliance reviews and audits carried out under this section.

      `(3) LIMITATIONS ON APPLICABILITY- Subsections (a), (b), and (e) do not apply to contracts under this section for activities described in paragraphs (2)(B) and (2)(C).

      `(4) GOVERNMENT'S SHARE OF COSTS- The Government shall pay the entire cost of carrying out a contract under this subsection.

      `(5) AVAILABILITY OF CERTAIN FUNDS- Beginning in fiscal year 2006, funds available under paragraph (1)(C) shall be made available to the Secretary before allocating the funds appropriated to carry out any project under a full funding grant agreement or project construction grant agreement.'.

SEC. 3027. PROJECT REVIEW.

    Section 5328(a) is amended--

      (1) in paragraph (1) by striking `(1) When the Secretary of Transportation allows a new fixed guideway project to advance into the alternatives analysis stage of project review, the Secretary shall cooperate with the applicant in' and inserting the following:

      `(1) ALTERNATIVES ANALYSIS- The Secretary shall cooperate with an applicant undertaking an alternatives analysis required by subsections (d) and (e) of section 5309 in the'; and

      (2) in paragraph (2)--

        (A) by striking `(2) After' and inserting the following:

      `(2) ADVANCEMENT TO PRELIMINARY ENGINEERING STAGE- After'; and

        (B) by striking `is consistent with section 5309(e)' and inserting `meets the requirements of subsection (d) or (e) of section 5309';

      (3) in paragraph (3)--

        (A) by striking `(3) The Secretary' and inserting the following:

      `(3) RECORD OF DECISION- The Secretary';

        (B) by striking `of construction'; and

        (C) by adding before the period at the end the following: `if the Secretary determines that the project meets the requirements of subsection (d) or (e) of section 5309'; and

      (4) by striking paragraph (4) and inserting the following:

      `(4) FUNDING AGREEMENTS- The Secretary shall enter into a full funding grant agreement or project construction grant agreement, as appropriate, between the Government and the project sponsor if the Secretary determines that the project meets the requirements of subsection (d) or (e) of section 5309.'.

SEC. 3028. INVESTIGATIONS OF SAFETY HAZARDS AND SECURITY RISKS.

    (a) In General- Section 5329 is amended to read as follows:

`Sec. 5329. Investigations of safety hazards and security risks

    `(a) In General- The Secretary may conduct investigations into safety hazards and security risks associated with a condition in equipment, a facility, or an operation financed under this chapter to establish the nature and extent of the condition and how to eliminate, mitigate, or correct it.

    `(b) Submission of Corrective Plan- If the Secretary establishes that a safety hazard or security risk warrants further protective measures, the Secretary shall require the local governmental authority receiving amounts under this chapter to submit a plan for eliminating, mitigating, or correcting it.

    `(c) Withholding Financial Assistance- Financial assistance under this chapter, in an amount to be determined by the Secretary, may be withheld until a plan is approved and carried out.'.

    (b) Public Transportation Security-

      (1) IN GENERAL- Not later than 45 days after the date of enactment of this Act, the Secretary shall execute an annex to the memorandum of understanding between the Secretary and the Secretary of Homeland Security, dated September 28, 2004, to define and clarify the respective roles and responsibilities of the Department of Transportation and the Department of Homeland Security relating to public transportation security.

      (2) CONTENTS- The annex to be executed under paragraph (1) shall--

        (A) establish a process to develop security standards for public transportation agencies;

        (B) create a method of direct coordination with public transportation agencies on security matters;

        (C) address any other issues determined to be appropriate by the Secretary and the Secretary of Homeland Security; and

        (D) include a formal and permanent mechanism to ensure coordination and involvement by the Department of Transportation, as appropriate, in public transportation security.

    (c) Rulemaking- Not later than 180 days after the date of enactment of this Act, the Secretary and the Secretary of Homeland Security shall issue jointly final regulations to establish the characteristics of and requirements for public transportation security grants, including funding priorities, eligible activities, methods for awarding grants, and limitations on administrative expenses.

    (d) Chapter Analysis- The analysis for chapter 53 is amended by striking the item relating to section 5329 and inserting the following:

`5329. Investigations of safety hazards and security risks.'.

SEC. 3029. STATE SAFETY OVERSIGHT.

    (a) In General- Section 5330 is amended--

      (1) by striking the section heading and all that follows through subsection (a) and inserting the following:

`Sec. 5330. State safety oversight

    `(a) Application- This section shall only apply to--

      `(1) States that have rail fixed guideway public transportation systems that are not subject to regulation by the Federal Railroad Administration; and

      `(2) States that are designing rail fixed guideway public transportation systems that will not be subject to regulation by the Federal Railroad Administration.';

      (2) in subsection (d) by striking `may' and inserting `shall ensure uniform safety standards and enforcement or shall'; and

      (3) by striking subsection (f).

    (b) Chapter Analysis- The analysis for chapter 53 is amended by striking the item relating to section 5330 and inserting the following:

`5330. State safety oversight.'.

SEC. 3030. CONTROLLED SUBSTANCES AND ALCOHOL MISUSE TESTING.

    (a) Definitions- Section 5331(a)(3) is amended by striking the period at the end and inserting the following: `or section 2303a, 7101(i), or 7302(e) of title 46. The Secretary may also 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 Department of Transportation or the Coast Guard.'.

    (b) Technical Corrections- Subsections (b)(1) and (g) of section 5331 are each amended by striking `or section 103(e)(4) of title 23'.

    (c) Regulations- Section 5331(f) is amended by striking paragraph (3).

SEC. 3031. EMPLOYEE PROTECTIVE ARRANGEMENTS.

    Section 5333(b) is amended--

      (1) in paragraph (1) by striking `5318(d), 5323(a)(1), (b), (d), and (e), 5328, 5337, and 5338(b)' each place it appears and inserting `5316, 5318, 5323(a)(1), 5323(b), 5323(d), 5328, 5337, and 5338(b)'; and

      (2) by adding at the end the following:

    `(4) Fair and equitable arrangements to protect the interests of employees utilized by the Secretary of Labor for assistance to purchase like-kind equipment or facilities, and grant amendments which do not materially revise or amend existing assistance agreements, shall be certified without referral.

    `(5) When the Secretary is called upon to issue fair and equitable determinations involving assurances of employment when one private transit bus service contractor replaces another through competitive bidding, such decisions shall be based on the principles set forth in the Department of Labor's decision of September 21, 1994, as clarified by the supplemental ruling of November 7, 1994, with respect to grant NV-90-X021. This paragraph shall not serve as a basis for objections under section 215.3(d) of title 29, Code of Federal Regulations.'.

SEC. 3032. ADMINISTRATIVE PROCEDURES.

    Section 5334 is amended--

      (1) in subsection (a)--

        (A) in paragraph (9) by striking `and' at the end;

        (B) in paragraph (10) by striking the period at the end and inserting `; and'; and

        (C) by adding at the end the following:

      `(11) issue regulations as necessary to carry out the purposes of this chapter.';

      (2) by striking subsection (i);

      (3) by redesignating subsections (b) through (h) as subsections (c) through (i), respectively;

      (4) by inserting after subsection (a) the following:

    `(b) Prohibitions Against Regulating Operations and Charges-

      `(1) IN GENERAL- Except for purposes of national defense or in the event of a national or regional emergency, the Secretary may not regulate the operation, routes, or schedules of a public transportation system for which a grant is made under this chapter, nor may the Secretary regulate the rates, fares, tolls, rentals, or other charges prescribed by any provider of public transportation.

      `(2) LIMITATION ON STATUTORY CONSTRUCTION- Nothing in this subsection shall be construed to prevent the Secretary from requiring a recipient of funds under this chapter to comply with the terms and conditions of its Federal assistance agreement.'; and

      (5) by striking subsection (c)(4) (as redesignated by paragraph (3) of this subsection) and inserting the following:

    `(4) The Secretary of Transportation shall comply with this section (except subsection (i)) and sections 5318(e), 5323(a)(2), 5325(a), 5325(b), and 5325(f) when proposing or carrying out a regulation governing an activity under this chapter, except for a routine matter or a matter with no significant impact.'; and

      (6) by adding at the end the following:

    `(k) Notification of Pending Discretionary Grants- Not less than 3 full business days before announcement of award by the Secretary of any discretionary grant, letter of intent, or full funding grant agreement totaling $1,000,000 or more, the Secretary shall notify the Committees on Banking, Housing, and Urban Affairs and Appropriations of the Senate and Committees on Transportation and Infrastructure and Appropriations of the House of Representatives.

    `(l) Agency Statements-

      `(1) IN GENERAL- The Administrator of the Federal Transit Administration shall follow applicable rulemaking procedures under section 553 of title 5 before the Federal Transit Administration issues a statement that imposes a binding obligation on recipients of Federal assistance under this chapter.

      `(2) BINDING OBLIGATION DEFINED- In this subsection, the term `binding obligation' means a substantive policy statement, rule, or guidance document issued by the Federal Transit Administration that grants rights, imposes obligations, produces significant effects on private interests, or effects a significant change in existing policy.'.

SEC. 3033. NATIONAL TRANSIT DATABASE.

    (a) In General- Section 5335 is amended--

      (1) by striking the section heading and inserting the following:

`Sec. 5335. National transit database';

      (2) by striking subsection (b); and

      (3) in subsection (a)--

        (A) in paragraph (1), by striking `(1)'; and

        (B) in paragraph (2), by striking `(2) The Secretary may make a grant under section 5307 of this title' and inserting the following:

    `(b) Reporting and Uniform Systems- The Secretary may award a grant under section 5307 or 5311'.

    (b) Chapter Analysis- The analysis for chapter 53 is amended by striking the item relating to section 5335 and inserting the following:

`5335. National transit database.'.

SEC. 3034. APPORTIONMENTS OF FORMULA GRANTS.

    (a) Apportionments- Section 5336 is amended--

      (1) by striking subsections (d), (h), and (k);

      (2) by redesignating subsections (e), (f), (g), (i), and (j) as subsections (d), (e), (f), (g), and (h), respectively;

      (3) by adding at the end the following:

    `(i) Apportionments- Of the amounts made available for each fiscal year under subsections (a)(1)(C)(vi) and (b)(2)(B) of section 5338--

      `(1) one percent shall be apportioned, in fiscal year 2006 and each fiscal year thereafter, to certain urbanized areas with populations of less than 200,000 in accordance with subsection (j); and

      `(2) any amount not apportioned under paragraph (1) shall be apportioned to urbanized areas in accordance with subsections (a) through (c).'; and

      (4) in subsection (a) by striking `Of the amount made available or appropriated under section 5338(a) of this title' and inserting `Of the amount apportioned under subsection (i)(2)'.

    (b) Small Transit Intensive Cities Formula- Section 5336 is amended by adding at the end the following:

    `(j) Small Transit Intensive Cities Formula-

      `(1) DEFINITIONS- In this subsection, the following definitions apply:

        `(A) ELIGIBLE AREA- The term `eligible area' means an urbanized area with a population of less than 200,000 that meets or exceeds in one or more performance categories the industry average for all urbanized areas with a population of at least 200,000 but not more than 999,999, as determined by the Secretary in accordance with subsection (c)(2).

        `(B) PERFORMANCE CATEGORY- The term `performance category' means each of the following:

          `(i) Passenger miles traveled per vehicle revenue mile.

          `(ii) Passenger miles traveled per vehicle revenue hour.

          `(iii) Vehicle revenue miles per capita.

          `(iv) Vehicle revenue hours per capita.

          `(v) Passenger miles traveled per capita.

          `(vi) Passengers per capita.

      `(2) APPORTIONMENT-

        `(A) APPORTIONMENT FORMULA- The amount to be apportioned under subsection (i)(1) shall be apportioned among eligible areas in the ratio that--

          `(i) the number of performance categories for which each eligible area meets or exceeds the industry average in urbanized areas with a population of at least 200,000 but not more than 999,999; bears to

          `(ii) the aggregate number of performance categories for which all eligible areas meet or exceed the industry average in urbanized areas with a population of at least 200,000 but not more than 999,999.

        `(B) DATA USED IN FORMULA- The Secretary shall calculate apportionments under this subsection for a fiscal year using data from the national transit database used to calculate apportionments for that fiscal year under this section.'.

    (c) Study on Incentives in Formula Programs- Section 5336 is amended by adding at the end the following:

    `(c) Study on Incentives in Formula Programs-

      `(1) STUDY- The Secretary shall conduct a study to assess the feasibility and appropriateness of developing and implementing an incentive funding system under sections 5307 and 5311 for operators of public transportation.

      `(2) REPORT-

        `(A) IN GENERAL- Not later than 2 years after the date of enactment of the Federal Public Transportation Act of 2005, the Secretary shall submit a report on the results of the study conducted under paragraph (1) to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.

        `(B) CONTENTS- The report submitted under subparagraph (A) shall include--

          `(i) an analysis of the availability of appropriate measures to be used as a basis for the distribution of incentive payments;

          `(ii) the optimal number and size of any incentive programs;

          `(iii) what types of systems should compete for various incentives;

          `(iv) how incentives should be distributed; and

          `(v) the likely effects of the incentive funding system.'.

    (d) Technical Amendments- Section 5336 is amended--

      (1) in subsection (a) by striking `of this title' and inserting `to carry out section 5307';

      (2) in paragraph (2) by inserting before the period at the end the following: `, except that the amount apportioned to the Anchorage urbanized area under subsection (b) shall be available to the Alaska Railroad for any costs related to its passenger operations';

      (3) in subsection (b)(1) by inserting `and, beginning in fiscal year 2006, 60 percent of the directional route miles attributable to the Alaska Railroad passenger operations' after `recipient'; and

      (4) in subsection (h) by striking `a grant made under' each place it appears and inserting `a grant made with funds apportioned under'.

SEC. 3035. APPORTIONMENTS BASED ON FIXED GUIDEWAY FACTORS.

    (a) In General- Section 5337 is amended--

      (1) by striking the section designation and heading and inserting the following:

`Sec. 5337. Apportionment based on fixed guideway factors'; and

      (2) by adding at the end the following:

    `(f) Adjustment- For purposes of this section, an urbanized area with a population of 55,997, according to the most recent decennial census, shall be treated as an urbanized area eligible for assistance under section 5336(b)(2)(A) to which amounts were apportioned under this section for fiscal year 1997. For the purposes of paragraph (e)(1), the number of fixed guideway revenue vehicle miles of service and number of fixed guideway route miles for that urbanized area as of the date of enactment of the Federal Public Transportation Act of 2005 shall be considered to have been used to determine apportionments for fiscal year 1997.'.

    (b) Conforming Amendment- The analysis for chapter 53 is amended by striking the item relating to section 5337 and inserting the following:

`5337. Apportionment based on fixed guideway factors.'.

SEC. 3036. AUTHORIZATIONS.

    Section 5338 is amended to read as follows:

`Sec. 5338. Authorizations

    `(a) Fiscal Year 2005-

      `(1) FORMULA GRANTS-

        `(A) TRUST FUND- For fiscal year 2005, $3,499,927,776 shall be available from the Mass Transit Account of the Highway Trust Fund to carry out sections 5307, 5308, 5310, and 5311 and section 3038 of the Transportation Equity Act for the 21st Century (49 U.S.C. 5310 note).

        `(B) GENERAL FUND- In addition to the amounts made available under subparagraph (A), there is authorized to be appropriated $499,989,824 for fiscal year 2005 to carry out sections 5307, 5308, 5310, and 5311 and section 3038 of the Transportation Equity Act for the 21st Century (49 U.S.C. 5310 note).

        `(C) ALLOCATION OF FUNDS- Of the amounts made available or appropriated under this paragraph--

          `(i) $4,811,150 shall be available to the Alaska Railroad for improvements to its passenger operations under section 5307;

          `(ii) $5,208,000 shall be available to provide over-the-road bus accessibility grants under section 3038 of the Transportation Equity Act for the 21st Century (49 U.S.C. 5310 note) to operators of intercity, fixed-route over-the-road buses;

          `(iii) $1,686,400 shall be available to provide over-the-road bus accessibility grants under section 3038 of the Transportation Equity Act for the 21st Century (49 U.S.C. 5310 note) to operators of over-the-road buses providing other than intercity, fixed-route service;

          `(iv) $94,526,689 shall be available to provide transportation services to elderly individuals and individuals with disabilities under section 5310;

          `(v) $250,889,588 shall be available to provide financial assistance for other than urbanized areas under section 5311;

          `(vi) $3,593,195,773 shall be available to provide financial assistance for urbanized areas under section 5307; and

          `(vii) $49,600,000 shall be available to carry out the clean fuels program under section 5308.

      `(2) JOB ACCESS AND REVERSE COMMUTE-

        `(A) TRUST FUND- For fiscal year 2005, $108,500,000 shall be available from the Mass Transit Account of the Highway Trust Fund to carry out section 3037 of the Transportation Equity Act for the 21st Century (49 U.S.C. 5309 note).

        `(B) GENERAL FUND- In addition to the amounts made available under subparagraph (A), there is authorized to be appropriated $15,500,000 for fiscal year 2005 to carry out section 3037 of the Transportation Equity Act of the 21st Century (49 U.S.C. 5309 note).

      `(3) CAPITAL PROGRAM GRANTS-

        `(A) TRUST FUND- For fiscal year 2005, $2,898,100,224 shall be available from the Mass Transit Account of the Highway Trust Fund to carry out section 5309.

        `(B) GENERAL FUND- In addition to the amounts made available under subparagraph (A), there is authorized to be appropriated $414,014,176 for fiscal year 2005 to carry out sections 5308, 5309, and 5318 and section 3015(b) of the Transportation Equity Act for the 21st Century (112 Stat. 361).

        `(C) ALLOCATION OF FUNDS- Of the amounts made available or appropriated under this paragraph--

          `(i) $49,600,000 shall be available to carry out the clean fuels program under section 5308;

          `(ii) $669,600,000 shall be available for capital projects to replace, rehabilitate, and purchase bus and related equipment and to construct bus-related facilities under section 5309;

          `(iii) $1,204,684,800 shall be available for fixed guideway modernization under section 5309;

          `(iv) $1,437,829,600 shall be available for capital projects for new fixed guideway systems and extensions to existing fixed guideway systems under section 5309;

          `(v) $10,213,632 shall be available for capital projects in Alaska and Hawaii under section 5309;

          `(vi) $2,976,000 shall be available to carry out bus testing under section 5318; and

          `(vii) $4,811,200 shall be available to carry out the fuel cell bus and bus facilities program under section 3015(b) of the Transportation Equity Act for the 21st Century (112 Stat. 361).

      `(4) PLANNING-

        `(A) TRUST FUND- For fiscal year 2005, $63,364,000 shall be available from the Mass Transit Account of the Highway Trust Fund to carry out sections 5303, 5304, 5305, and 5313(b), as in effect on the day before the date of enactment of the Federal Public Transportation Act of 2005.

        `(B) GENERAL FUND- In addition to the amounts made available under subparagraph (A), there is authorized to be appropriated $9,052,000 for fiscal year 2005 to carry out sections 5303, 5304, 5305, and 5313(b), as in effect on the day before the date of enactment of the Federal Public Transportation Act of 2005.

        `(C) ALLOCATION OF FUNDS- Of the amounts made available or appropriated under this paragraph--

          `(i) 82.72 percent shall be allocated for metropolitan planning under section 5305; and

          `(ii) 17.28 percent shall be allocated for State planning under section 5305.

      `(5) RESEARCH-

        `(A) TRUST FUND- For fiscal year 2005, $47,740,000 shall be available from the Mass Transit Account of the Highway Trust Fund to carry out sections 5311(b)(2), 5312, 5313(a), 5314, 5315, and 5322.

        `(B) GENERAL FUND- In addition to the amounts made available under subparagraph (A), there is authorized to be appropriated $6,820,000 for fiscal year 2005 to carry out sections 5311(b)(2), 5312, 5313(a), 5314, 5315, and 5322.

        `(C) ALLOCATION OF FUNDS- Of the funds made available or appropriated under this paragraph--

          `(i) not less than $3,968,000 shall be available to carry out programs under the National Transit Institute under section 5315, of which not more than $992,000 shall be available to carry out section 5315(a)(16);

          `(ii) not less than $5,208,000 shall be available to provide rural transportation assistance under section 5311(b)(2);

          `(iii) not less than $8,184,000 shall be available to carry out transit cooperative research programs under section 5313(a);

          `(iv) not less than $2,976,000 shall be available to carry out Project Action under section 5312; and

          `(v) the remainder shall be available to carry out national research and technology programs under sections 5312, 5314, and 5322.

      `(6) UNIVERSITY TRANSPORTATION RESEARCH-

        `(A) TRUST FUND- For fiscal year 2005, $5,208,000 shall be available from the Mass Transit Account of the Highway Trust Fund to carry out sections 5505.

        `(B) GENERAL FUND- In addition to amounts made available under subparagraph (A), there is authorized to be appropriated $744,000 for fiscal year 2005 to carry out sections 5505.

        `(C) ALLOCATION OF FUNDS- Of the amounts made available or appropriated under this paragraph--

          `(i) $1,984,000 shall be available for grants under section 5505(d) to the center identified in section 5505(j)(4)(A), as in effect on the day before the date of enactment of the Federal Public Transportation Act of 2005; and

          `(ii) $1,984,000 shall be available for grants under section 5505(d) to the center identified in section 5505(j)(4)(F), as in effect on the day before the date of enactment of the Federal Public Transportation Act of 2005.

        `(D) SPECIAL RULE- Nothing in this paragraph shall be construed to limit the transportation research conducted by the centers receiving financial assistance under this section.

      `(7) ADMINISTRATION-

        `(A) TRUST FUND- For fiscal year 2005, $67,704,000 shall be available from the Mass Transit Account of the Highway Trust Fund to carry out section 5334.

        `(B) GENERAL FUND- In addition to amounts made available under subparagraph (A), there is authorized to be appropriated $9,672,000 for fiscal year 2005 to carry out section 5334.

      `(8) AVAILABILITY OF AMOUNTS- Amounts made available or appropriated under paragraphs (1) through (6) shall remain available until expended.

    `(b) Formula and Bus Grants-

      `(1) IN GENERAL- There shall be available from the Mass Transit Account of the Highway Trust Fund to carry out sections 5305, 5307, 5308, 5309, 5310, 5311, 5316, 5317, 5320, 5335, 5339, and 5340 and section 3038 of the Federal Transit Act of 1998 (112 Stat. 387 et seq.)--

        `(A) $6,979,931,000 for fiscal year 2006;

        `(B) $7,262,775,000 for fiscal year 2007;

        `(C) $7,872,893,000 for fiscal year 2008; and

        `(D) $8,360,565,000 for fiscal year 2009.

      `(2) ALLOCATION OF FUNDS- Of the amounts made available under paragraph (1)--

        `(A) $95,000,000 for fiscal year 2006, $99,000,000 for fiscal year 2007, $107,000,000 for fiscal year 2008, and $113,500,000 for fiscal year 2009 shall be available to carry out section 5305;

        `(B) $3,466,681,000 for fiscal year 2006, $3,606,175,000 for fiscal year 2007, $3,910,843,000 for fiscal year 2008, and $4,160,365,000 for fiscal year 2009 shall be allocated in accordance with section 5336 to provide financial assistance for urbanized areas under section 5307;

        `(C) $43,000,000 for fiscal year 2006, $45,000,000 for fiscal year 2007, $49,000,000 for fiscal year 2008, and $51,500,000 for fiscal year 2009 shall be available to carry out section 5308;

        `(D) $1,391,000,000 for fiscal year 2006, $1,448,000,000 for fiscal year 2007, $1,570,000,000 for fiscal year 2008, and $1,666,500,000 for fiscal year 2009 shall be allocated in accordance with section 5337 to provide financial assistance under section 5309(m)(2)(B); and

        `(E) $822,250,000 for fiscal year 2006, $855,500,000 for fiscal year 2007, $927,750,000 for fiscal year 2008, and $984,000,000 for fiscal year 2009 shall be available to carry out section 5309(m)(2)(C).

        `(F) $112,000,000 for fiscal year 2006, $117,000,000 for fiscal year 2007, $127,000,000 for fiscal year 2008, and $133,500,000 for fiscal year 2009 shall be available to provide financial assistance for services for elderly persons and persons with disabilities under section 5310;

        `(G) $388,000,000 for fiscal year 2006, $404,000,000 for fiscal year 2007, $438,000,000 for fiscal year 2008, and $465,000,000 for fiscal year 2009 shall be available to provide financial assistance for other than urbanized areas under section 5311;

        `(H) $138,000,000 for fiscal year 2006, $144,000,000 for fiscal year 2007, $156,000,000 for fiscal year 2008, and $164,500,000 for fiscal year 2009 shall be available to carry out section 5316;

        `(I) $78,000,000 for fiscal year 2006, $81,000,000 for fiscal year 2007, $87,500,000 for fiscal year 2008, and $92,500,000 for fiscal year 2009 shall be available to carry out section 5317;

        `(J) $22,000,000 for fiscal year 2006, $23,000,000 for fiscal year 2007, $25,000,000 for fiscal year 2008, and $26,900,000 for fiscal year 2009 shall be available to carry out section 5320;

        `(K) $3,500,000 in fiscal year 2006; $3,500,000 in fiscal year 2007; $3,500,000 in fiscal year 2008; and $3,500,000 in fiscal year 2009 shall be available to carry out section 5335;

        `(L) $25,000,000 in fiscal year 2006; $25,000,000 in fiscal year 2007; $25,000,000 in fiscal year 2008; and $25,000,000 in fiscal year 2009 shall be available to carry out section 5339;

        `(M) $388,000,000 for fiscal year 2006, $404,000,000 for fiscal year 2007, $438,000,000 for fiscal year 2008, and $465,000,000 for fiscal year 2009 shall be allocated in accordance with section 5340 to provide financial assistance for urbanized areas under section 5307 and other than urbanized areas under section 5311; and

        `(N) $7,500,000 for fiscal year 2006, $7,600,000 for fiscal year 2007, $8,300,000 for fiscal year 2008, and $8,800,000 for fiscal year 2009 shall be available to carry out section 3038 of the Transportation Equity Act for the 21st Century (49 U.S.C. 5310 note).

    `(c) Major Capital Investment Grants- There are authorized to be appropriated to carry out section 5309(m)(2)(A)--

      `(1) $1,503,000,000 for fiscal year 2006;

      `(2) $1,566,000,000 for fiscal year 2007;

      `(3) $1,700,000,000 for fiscal year 2008; and

      `(4) $1,809,250,000 for fiscal year 2009.

    `(d) Research and University Research Centers-

      `(1) IN GENERAL- There is authorized to be appropriated to carry out transit cooperative research programs under section 5313, the National Transit Institute under section 5315, university research centers under section 5506, and national research programs under sections 5312, 5313, 5314, and 5322 $58,000,000 for fiscal year 2006, $61,000,000 for fiscal year 2007, $65,500,000 for fiscal year 2008, and $69,750,000 for fiscal year 2009, of which--

        `(A) $9,000,000 for fiscal year 2006, $9,300,000 for fiscal year 2007, $9,600,000 for fiscal year 2008, and $10,000,000 for fiscal year 2009 shall be allocated to carry out transit cooperative research programs under section 5313;

        `(B) $4,300,000 shall be allocated for each fiscal year to carry out programs under the National Transit Institute under section 5315, of which not more than $1,000,000 for each fiscal year shall be used to carry out section 5315(a)(16);

        `(C) $7,000,000 shall be allocated for each fiscal year to carry out the university centers program under section 5506;

        `(D) $3,000,000 shall be allocated for each fiscal year to carry out Project Action under section 5314(a)(2);

        `(E) $1,000,000 shall be allocated for each fiscal year to carry out the National Technical Assistance Center under section 5314(c); and

        `(F) any funds made available under this paragraph that are not allocated under subparagraphs (A) through (E) shall be allocated to carry out national research programs under sections 5312, 5313, 5314, and 5322.

      `(2) UNIVERSITY CENTERS PROGRAM-

        `(A) ALLOCATION- Of the amounts allocated under paragraph (1)(C), the following amounts shall be available to provide transportation research, training, and curriculum development:

          `(i) $2,000,000 for each of fiscal years 2006 through 2009 for the University of Tennessee--Knoxville National Transportation Research Center.

          `(ii) $1,500,000 for each of fiscal years 2006 through 2009 for Texas A&M University--Texas Transportation Institute.

          `(iii) $1,000,000 for each of fiscal years 2006 through 2009 for Morgan State University.

          `(iv) $400,000 for each of fiscal years 2006 and 2007 for the Small Urban & Rural Transit Center at North Dakota State University.

          `(v) $550,000 for each of fiscal years 2006 and 2007 and $650,000 for each of fiscal years 2008 and 2009 for the University Transportation Center at the University of Alabama.

          `(vi) $450,000 for each of fiscal years 2006 and 2007 and $550,000 for each of fiscal years 2008 and 2009 for the Injury Control Research Center at the University of Alabama Birmingham.

          `(vii) $550,000 for each of fiscal years 2006 and 2007 and $650,000 for each of fiscal years 2008 and 2009 for the Jackson State University Intermodal Transportation Institute at the Jackson State University.

          `(viii) $550,000 for each of fiscal years 2006 and 2007 and $650,000 for each of fiscal years 2008 and 2009 for the University Transportation Center at the University of Denver/Mississippi State University.

        `(B) REQUIREMENTS- The universities specified in subparagraph (A) shall be considered to be university transportation centers under section 5506 and shall be subject to the requirements of subsections (b), (h), (i), (k), (l), and (m) of such section.

    `(e) Administration- There is authorized to be appropriated to carry out section 5334--

      `(1) $82,000,000 for fiscal year 2006;

      `(2) $85,000,000 for fiscal year 2007;

      `(3) $92,500,000 for fiscal year 2008; and

      `(4) $98,500,000 for fiscal year 2009.

    `(f) Grants as Contractual Obligations-

      `(1) GRANTS FINANCED FROM HIGHWAY TRUST FUND- A grant or contract that is approved by the Secretary and financed with amounts made available from the Mass Transit Account of the Highway Trust Fund pursuant to this section is a contractual obligation of the Government to pay the Federal share of the cost of the project.

      `(2) GRANTS FINANCED FROM GENERAL FUND- A grant or contract that is approved by the Secretary and financed with amounts appropriated in advance from the General Fund of the Treasury pursuant to this section is a contractual obligation of the Government to pay the Federal share of the cost of the project only to the extent that amounts are appropriated for such purpose by an Act of Congress.

    `(g) Availability of Amounts- Amounts made available by or appropriated under subsections (b), (c), and (d) shall remain available until expended.'.

SEC. 3037. ALTERNATIVES ANALYSIS PROGRAM.

    (a) In General- Section 5339 is amended to read as follows:

`Sec. 5339. Alternatives analysis program

    `(a) Grants and Agreements- Under criteria established by the Secretary, the Secretary may award grants to States, authorities of the States, metropolitan planning organizations, and local governmental authorities to develop alternatives analyses as defined by section 5309(a)(1).

    `(b) Government's Share of Costs- The Government's share of the cost of an activity funded using amounts made available under this section may not exceed 80 percent of the cost of the activity.

    `(c) Availability of Funds- An amount made available or appropriated under section 5338(b)(2)(L) for this section shall remain available for 3 fiscal years, including the fiscal year in which the amount is made available or appropriated. Any of such amounts that are unobligated at the end of the 3-fiscal-year period may be used by the Secretary for any purpose under this section.'.

    (b) Conforming Amendment- The analysis for chapter 53 is amended by striking the item relating to section 5339 and inserting the following:

`5339. Alternatives analysis program.'.

    (c) Projects- For each of fiscal years 2006 and 2007, of the funds authorized under this section, funds shall be made available to the following projects in not less than the amounts specified:

      (1) Minnesota Red Rock Corridor/Rush Line/Central Corridors studies, $2,000,000.

      (2) Trans-Hudson Midtown corridor study, $1,500,000.

      (3) Lane County, Oregon Bus Rapid Transit Phase II corridor study, $500,000.

      (4) Portland Streetcar, Oregon corridor study, $1,500,000.

      (5) San Gabriel Valley-Gold Line Foothill Extension corridor study, $1,250,000.

      (6) Monmouth-Ocean-Middlesex Counties, New Jersey corridor study, $1,250,000.

      (7) Metra BNSF Naperville to Aurora corridor study, $1,250,000.

      (8) Madison and Dane Counties, Wisconsin Transport 2020 corridor study, $750,000.

      (9) Sound Transit I-90 Long-Range Plan corridor studies, $750,000.

      (10) Middle Rio Grande Coalition of governments, Albuquerque to Santa Fe corridor study, $500,000.

      (11) Piedmont Authority Regional Transportation East-West corridor study, $1,000,000.

      (12) Baltimore Red Line/Green Line Transit Project study, $1,500,000.

      (13) Metra-West Line Extension, Elgin to Rockford study, $1,000,000.

      (14) Madison-Ridgeland Transportation Commission, Mississippi, Madison Light Rail Transportation Corridor study, $350,000.

      (15) South Carolina Department of Transportation Light Rail study, $300,000.

      (16) Provo Orem BRT study, $500,000.

      (17) Sevierville County Transportation Board, Sevier County BRT study, $500,000.

      (18) New Jersey Transit Midtown Project study, $2,500,000.

SEC. 3038. APPORTIONMENTS BASED ON GROWING STATES FORMULA FACTORS.

    (a) In General- Chapter 53 is amended by adding at the end the following:

`Sec. 5340. Apportionments based on growing States and high density States formula factors

    `(a) Definition- In this section, the term `State' shall mean each of the 50 States of the United States.

    `(b) Allocation- Of the amounts made available for each fiscal year under section 5338(b)(2)(M), the Secretary shall apportion--

      `(1) 50 percent to States and urbanized areas in accordance with subsection (c); and

      `(2) 50 percent to States and urbanized areas in accordance with subsection (d).

    `(c) Growing State Apportionments-

      `(1) APPORTIONMENT AMONG STATES- The amounts apportioned under subsection (b)(1) shall provide each State with an amount equal to the total amount apportioned multiplied by a ratio equal to the population of that State forecast for the year that is 15 years after the most recent decennial census, divided by the total population of all States forecast for the year that is 15 years after the most recent decennial census. Such forecast shall be based on the population trend for each State between the most recent decennial census and the most recent estimate of population made by the Secretary of Commerce.

      `(2) APPORTIONMENTS BETWEEN URBANIZED AREAS AND OTHER THAN URBANIZED AREAS IN EACH STATE-

        `(A) IN GENERAL- The Secretary shall apportion amounts to each State under paragraph (1) so that urbanized areas in that State receive an amount equal to the amount apportioned to that State multiplied by a ratio equal to the sum of the forecast population of all urbanized areas in that State divided by the total forecast population of that State. In making the apportionment under this subparagraph, the Secretary shall utilize any available forecasts made by the State. If no forecasts are available, the Secretary shall utilize data on urbanized areas and total population from the most recent decennial census.

        `(B) REMAINING AMOUNTS- Amounts remaining for each State after apportionment under subparagraph (A) shall be apportioned to that State and added to the amount made available for grants under section 5311.

      `(3) APPORTIONMENTS AMONG URBANIZED AREAS IN EACH STATE- The Secretary shall apportion amounts made available to urbanized areas in each State under paragraph (2)(A) so that each urbanized area receives an amount equal to the amount apportioned under paragraph (2)(A) multiplied by a ratio equal to the population of each urbanized area divided by the sum of populations of all urbanized areas in the State. Amounts apportioned to each urbanized area shall be added to amounts apportioned to that urbanized area under section 5336, and made available for grants under section 5307.

    `(d) High Density State Apportionments- Amounts to be apportioned under subsection (b)(2) shall be apportioned as follows:

      `(1) ELIGIBLE STATES- The Secretary shall designate as eligible for an apportionment under this subsection all States with a population density in excess of 370 persons per square mile.

      `(2) STATE URBANIZED LAND FACTOR- For each State qualifying for an apportionment under paragraph (1), the Secretary shall calculate an amount equal to--

        `(A) the total land area of the State (in square miles); multiplied by

        `(B) 370; multiplied by

        `(C)(i) the population of the State in urbanized areas; divided by

        `(ii) the total population of the State.

      `(3) STATE APPORTIONMENT FACTOR- For each State qualifying for an apportionment under paragraph (1), the Secretary shall calculate an amount equal to the difference between the total population of the State less the amount calculated in paragraph (2).

      `(4) STATE APPORTIONMENT- Each State qualifying for an apportionment under paragraph (1) shall receive an amount equal to the amount to be apportioned under this subsection multiplied by the amount calculated for the State under paragraph (3) divided by the sum of the amounts calculated under paragraph (3) for all States qualifying for an apportionment under paragraph (1).

      `(5) APPORTIONMENTS AMONG URBANIZED AREAS IN EACH STATE- The Secretary shall apportion amounts made available to each State under paragraph (4) so that each urbanized area receives an amount equal to the amount apportioned under paragraph (4) multiplied by a ratio equal to the population of each urbanized area divided by the sum of populations of all urbanized areas in the State. Amounts apportioned to each urbanized area shall be added to amounts apportioned to that urbanized area under section 5336, and made available for grants under section 5307.'.

    (b) Conforming Amendment- The analysis for chapter 53 is amended by adding at the end the following:

`5340. Apportionments based on growing States and high density States formula factors.'.

SEC. 3039. OVER-THE-ROAD BUS ACCESSIBILITY PROGRAM.

    (a) In General- Section 3038 of the Transportation Equity Act for the 21st Century (49 U.S.C. 5310 note; 112 Stat. 392) is amended--

      (1) by striking the section heading and inserting the following:

`SEC. 3038. OVER-THE-ROAD BUS ACCESSIBILITY PROGRAM.';

      (2) by striking subsection (e) and inserting the following:

    `(e) Federal Share of Costs- The Federal share of costs under this section shall be provided from funds made available to carry out this section and shall be determined in accordance with section 5323(i) of title 49, United States Code.'; and

      (3) by striking subsection (g) and inserting the following:

    `(g) Funding-

      `(1) INTERCITY, FIXED ROUTE OVER-THE-ROAD BUS SERVICE- Of the amounts made available to carry out this section in each fiscal year, 75 percent shall be available for operators of over-the-road buses used substantially or exclusively in intercity, fixed-route over-the-road bus service to finance the incremental capital and training costs of the Department of Transportation's final rule regarding accessibility of over-the-road buses. Such amounts shall remain available until expended.

      `(2) OTHER OVER-THE-ROAD BUS SERVICE- Of the amounts made available to carry out this section in each fiscal year, 25 percent shall be available for operators of other over-the-road bus service to finance the incremental capital and training costs of the Department of Transportation's final rule regarding accessibility of over-the-road buses. Such amounts shall remain available until expended.'.

    (b) Conforming Amendments- The table of contents contained in section 1(b) of the Transportation Equity Act for the 21st Century (112 Stat. 107) is amended by striking the item relating to section 3038 and inserting the following:

`3038. Over-the-road bus accessibility program.'.

SEC. 3040. OBLIGATION CEILING.

    Notwithstanding any other provision of law, the total of all obligations from amounts made available from the Mass Transit Account of the Highway Trust Fund by, and amounts appropriated under, subsections (a) through (f) of section 5338 of title 49, United States Code, shall not exceed--

      (1) $7,646,336,000 for fiscal year 2005, of which not more than $6,690,544,000 shall be from the Mass Transit Account;

      (2) $8,622,931,000 for fiscal year 2006, of which not more than $6,979,931,000 shall be from the Mass Transit Account;

      (3) $8,974,775,000 for fiscal year 2007, of which n