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109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    109-203

======================================================================


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

                               ----------                              

                           CONFERENCE REPORT

                                 of the

                        COMMITTEE OF CONFERENCE

                                   on

                                 H.R. 3



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



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     109-203
_______________________________________________________________________



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

                               __________

                           CONFERENCE REPORT

                                 of the

                        COMMITTEE OF CONFERENCE

                                   on

                                 H.R. 3







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, s  ubmitted 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 
reservationroads 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:


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:


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:


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:


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 outthis 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 
        underparagraph (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'srecommendations 
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 bedesignated 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 designated 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 isdesignated 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 underwhich 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 transportati