H.R. 3550 — Safe, Accountable, Flexible, and Efficient Transportation Equity Act of 2004

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3550 Introduced in House (IH)]

  1st Session
                                H. R. 3550

 To authorize funds for Federal-aid highways, highway safety programs, 
             and transit programs, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 20, 2003

    Mr. Young of Alaska (for himself, Mr. Oberstar, Mr. Petri, Mr. 
Lipinski, Mr. Boehlert, Mr. Rahall, Mr. Coble, Mr. DeFazio, Mr. Duncan, 
  Mr. Costello, Mr. Gilchrest, Ms. Norton, Mr. Mica, Mr. Nadler, Mr. 
 Hoekstra, Mr. Menendez, Mr. Quinn, Ms. Corrine Brown of Florida, Mr. 
Ehlers, Mr. Filner, Mr. Bachus, Ms. Eddie Bernice Johnson of Texas, Mr. 
   LaTourette, Mr. Taylor of Mississippi, Mrs. Kelly, Ms. Millender-
    McDonald, Mr. Baker, Mr. Cummings, Mr. Ney, Mr. Blumenauer, Mr. 
LoBiondo, Mrs. Tauscher, Mr. Moran of Kansas, Mr. Pascrell, Mr. Gary G. 
   Miller of California, Mr. Boswell, Mr. Bereuter, Mr. Holden, Mr. 
 Isakson, Mr. Lampson, Mr. Hayes, Mr. Baird, Mr. Simmons, Ms. Berkley, 
  Mrs. Capito, Mr. Honda, Mr. Brown of South Carolina, Mr. Larsen of 
  Washington, Mr. Johnson of Illinois, Mr. Capuano, Mr. Rehberg, Mr. 
Weiner, Mr. Platts, Ms. Carson of Indiana, Mr. Graves, Mr. Hoeffel, Mr. 
  Kennedy of Minnesota, Mr. Thompson of California, Mr. Shuster, Mr. 
Bishop of New York, Mr. Boozman, Mr. Michaud, Mr. Chocola, Mr. Davis of 
   Tennessee, Mr. Beauprez, Mr. Burgess, Mr. Burns, Mr. Pearce, Mr. 
 Gerlach, Mr. Mario Diaz-Balart of Florida, Mr. Porter, Mr. Matheson, 
 and Mr. Carson of Oklahoma) introduced the following bill; which was 
     referred to the Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
 To authorize funds for Federal-aid highways, highway safety programs, 
             and transit programs, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS

    (a) Short Title.--This Act may be cited as the ``Transportation 
Equity Act: A Legacy for Users''.
    (b) Table of Contents.--

Sec. 1. Short title; table of contents
Sec. 2. Definition.
                     TITLE I--FEDERAL-AID HIGHWAYS

                 Subtitle A--Authorization of Programs

Sec. 1101. Authorizations of appropriations.
Sec. 1102. Obligation ceiling.
Sec. 1103. Apportionments.
Sec. 1104. Minimum guarantee.
Sec. 1105. Revenue aligned budget authority.
Sec. 1106. Emergency relief.
Sec. 1107. Surface transportation program.
Sec. 1108. Highway use tax evasion projects.
Sec. 1109. Appalachian development highway system.
Sec. 1110. Construction of ferry boats and ferry terminal facilities.
Sec. 1111. Interstate maintenance discretionary.
Sec. 1112. Highway bridge.
Sec. 1113. Transportation and community and system preservation 
                            program.
Sec. 1114. Deployment of magnetic levitation transportation projects.
Sec. 1115. Recreational trails.
Sec. 1116. Federal lands highways.
Sec. 1117. Indian transportation bonds.
Sec. 1118. Pedestrian and cyclist equity.
Sec. 1119. National commissions.
Sec. 1120. Hydrogen infrastructure deployment pilot program.
Sec. 1121. Adjustments for the Surface Transportation Extension Act of 
                            2003.
                     Subtitle B--Congestion Relief

Sec. 1201. Motor vehicle congestion relief.
Sec. 1202. Transportation systems management and operations.
Sec. 1203. Real-time system management information program.
Sec. 1204. Expedited national intelligent transportation systems 
                            deployment program.
Sec. 1205. Intelligent transportation systems deployment.
Sec. 1206. Environmental review of activities that support deployment 
                            of intelligent transportation systems.
Sec. 1207. Assumption of responsibility for certain programs and 
                            projects.
Sec. 1208. HOV lanes.
Sec. 1209. Congestion pricing pilot program.
                  Subtitle C--Mobility and Efficiency

Sec. 1301. National corridor infrastructure improvement program.
Sec. 1302. Coordinated border infrastructure program.
Sec. 1303. Freight intermodal connectors.
Sec. 1304. Projects of national and regional significance
Sec. 1305. Dedicated truck lanes.
Sec. 1306. Truck parking facilities.
                       Subtitle D--Highway Safety

Sec. 1401. Highway safety improvement program.
Sec. 1402. Worker injury prevention and free flow of vehicular traffic.
Sec. 1403. High risk rural road safety improvement program.
Sec. 1404. Transfers of apportionments to safety programs.
Sec. 1405. Safety incentives to prevent operation of motor vehicles by 
                            intoxicated persons.
           Subtitle E--Construction and Contract Efficiencies

Sec. 1501. Design-build.
Sec. 1502. Warranty highways.
Sec. 1503. Public-private venture.
Sec. 1504. Highways for LIFE pilot program.
Sec. 1505. Unit bid pricing.
                          Subtitle F--Finance

Sec. 1601. Transportation Infrastructure Finance and Innovation Act.
Sec. 1602. State infrastructure banks.
Sec. 1603. Interstate system reconstruction and rehabilitation pilot 
                            program.
                   Subtitle G--High Priority Projects

Sec. 1701. High priority projects program.
                        TITLE II--HIGHWAY SAFETY

Sec. 2001. Authorizations of appropriations.
Sec. 2002. Occupant protection incentive grants.
Sec. 2003. Alcohol-impaired driving countermeasures.
Sec. 2004. State traffic safety information system improvements.
Sec. 2005. High visibility enforcement program.
Sec. 2006. Motorcycle crash causation study.
Sec. 2007. Child safety and booster seats.
           TITLE III--FEDERAL TRANSIT ADMINISTRATION PROGRAMS

Sec. 3001. Short title; amendments to title 49, United States Code.
Sec. 3002. Policies, findings, and purposes.
Sec. 3003. Definitions.
Sec. 3004. Metropolitan planning.
Sec. 3005. Statewide planning.
Sec. 3006. Planning programs.
Sec. 3007. Private enterprise participation.
Sec. 3008. Urbanized area formula grants.
Sec. 3009. Clean fuels formula grant program.
Sec. 3010. Capital investment grants.
Sec. 3011. Formula grants for special needs of elderly individuals and 
                            individuals with disabilities.
Sec. 3012. Formula grants for other than urbanized areas.
Sec. 3013. Research, development, demonstration, and deployment 
                            projects.
Sec. 3014. Cooperative research program.
Sec. 3015. National research and technology programs.
Sec. 3016. National transit institute.
Sec. 3017. Job access and reverse commute formula grants.
Sec. 3018. New freedom program.
Sec. 3019. Bus testing facility.
Sec. 3020. Bicycle facilities.
Sec. 3021. Transit in the parks pilot program.
Sec. 3022. Human resource 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. Investigations of safety and hazards.
Sec. 3028. State safety oversight.
Sec. 3029. Controlled substances and alcohol misuse testing.
Sec. 3030. Employee protective arrangements.
Sec. 3031. Administrative procedures.
Sec. 3032. National transit database.
Sec. 3033. Apportionments based on fixed guideway factors.
Sec. 3034. Authorizations.
Sec. 3035. Over-the-road bus accessibility program.
Sec. 3036. Updated terminology.
Sec. 3037. Projects for new fixed guideway systems and extensions to 
                            existing systems.
Sec. 3038. Projects for bus and bus-related facilities.
Sec. 3039. Fuel cell bus program.
Sec. 3040. Extension of public transit vehicle exemption from axle 
                            weight restrictions.
Sec. 3041. High-intensity small-urbanized area formula grant program.
Sec. 3042. Allocations for national research and technology programs.
Sec. 3043. Obligation ceiling.
Sec. 3044. Adjustments for the Surface Transportation Extension Act of 
                            2003.
                     TITLE IV--MOTOR CARRIER SAFETY

Sec. 4001. Authorization of appropriations.
Sec. 4002. Motor carrier safety grants.
Sec. 4003. Border enforcement grants.
Sec. 4004. Commercial driver's license improvements.
Sec. 4005. Hobbs Act.
Sec. 4006. Penalty for denial of access to records.
Sec. 4007. Medical review board.
Sec. 4008. Increased penalties for out-of-service violations and false 
                            records.
Sec. 4009. Commercial vehicle information systems and networks 
                            deployment.
Sec. 4010. Safety fitness.
Sec. 4011. Pattern of safety violations by motor carrier or broker 
                            management.
Sec. 4012. Motor carrier research and technology program.
Sec. 4013. International cooperation.
Sec. 4014. Performance and registration information system management.
Sec. 4015. Data quality improvement.
Sec. 4016. Completion of uniform carrier registration.
Sec. 4017. Registration of motor carriers and freight forwarders.
Sec. 4018. Deposit of certain civil penalties into Highway Trust Fund.
Sec. 4019. Outreach and education.
Sec. 4020. Insulin treated diabetes mellitus.
Sec. 4021. Grant program for commercial motor vehicle operators.
Sec. 4022. Commercial motor vehicle safety advisory committee.
Sec. 4023. Safety data improvement program.
Sec. 4024. Household goods transportation.
Sec. 4025. Commercial driver's license information system improvements.
Sec. 4026. Technical corrections.
             TITLE V--TRANSPORTATION RESEARCH AND EDUCATION

                          Subtitle A--Funding

Sec. 5101. Authorization of appropriations.
Sec. 5002. Obligation ceiling.
            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. Surface transportation environment and planning cooperative 
                            research program.
Sec. 5204. Technology deployment.
Sec. 5205. Training and education.
Sec. 5206. Freight planning capacity building.
Sec. 5207. Advanced travel forecasting procedures program.
Sec. 5208. National cooperative freight transportation research 
                            program.
Sec. 5209. Future strategic highway research program.
Sec. 5210. Transportation safety information management system project.
Sec. 5211. Surface transportation congestion relief solutions research 
                            initiative.
      Subtitle C--University Transportation Research; Scholarship 
                             Opportunities

Sec. 5301. National university transportation centers.
Sec. 5302. University transportation research.
Sec. 5303. Transportation scholarship opportunities program.
                   Subtitle D--Advanced Technologies

Sec. 5401. Advanced heavy-duty vehicle technologies research program.
Sec. 5402. Commercial remote sensing products and spatial information 
                            technologies.
              Subtitle E--Transportation Data and Analysis

Sec. 5501. Bureau of Transportation Statistics.
        Subtitle F--Intelligent Transportation Systems Research

Sec. 5601. Short title.
Sec. 5602. Goals and purposes.
Sec. 5603. General authorities and requirements.
Sec. 5604. National architecture and standards.
Sec. 5605. Research and development.
Sec. 5606. Infrastructure development.
Sec. 5607. Definitions.
Sec. 5608. Repeal.
                TITLE VI--PLANNING AND PROJECT DELIVERY

             TITLE VII--HAZARDOUS MATERIALS TRANSPORTATION

      TITLE VIII--TRANSPORTATION DISCRETIONARY SPENDING GUARANTEE

SEC. 2. DEFINITION.

    In this Act, the term ``Secretary'' means the Secretary of 
Transportation.

                     TITLE I--FEDERAL-AID HIGHWAYS

                 Subtitle A--Authorization of Programs

SEC. 1101. AUTHORIZATIONS OF APPROPRIATIONS.

    (a) In General.--The following sums are authorized to be 
appropriated from 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, $4,500,615,000 for fiscal year 2004, 
        $4,988,088,000 for fiscal year 2005, $5,359,491,000 for fiscal 
        year, 2006, $5,711,450,000 for fiscal year 2007, $5,865,610,000 
        for fiscal year 2008, and $6,072,843,000 for fiscal year 2009.
            (2) National highway system.--For the National Highway 
        System under section 103 of that title, $5,400,738,000 for 
        fiscal year 2004, $5,985,705,000 for fiscal year 2005, 
        $6,431,389,000 for fiscal year 2006, $6,853,739,000 for fiscal 
        year 2007, $7,038,732,000 for fiscal year 2008, and 
        $7,287,412,000 for fiscal year 2009.
            (3) Bridge program.--For the bridge program under section 
        144 of that title, $3,861,779,000 for fiscal year 2004, 
        $4,280,057,000 for fiscal year 2005, $4,598,742,000 for fiscal 
        year 2006, $4,900,742,000 for fiscal year 2007, $5,033,021,000 
        for fiscal year 2008, and $5,210,839,000 for fiscal year 2009.
            (4) Highway safety improvement program.--For the highway 
        safety improvement program under sections 130 and 152 of that 
        title, $1,000,000,000 for fiscal year 2004, $1,100,000,000 for 
        fiscal year 2005, $1,200,000,000 for fiscal year 2006, 
        $1,300,000,000 for fiscal year 2007, $1,400,000,000 for fiscal 
        year 2008, and $1,500,000,000 for fiscal year 2009. Of such 
        funds \1/3\ per fiscal year shall be available to carry out 
        section 130 and \2/3\ shall be available to carry out section 
        152.
            (5) Surface transportation program.--For the surface 
        transportation program under section 133 of that title, 
        $6,285,669,000 for fiscal year 2004, $6,953,706,000 for fiscal 
        year 2005, $7,460,645,000 for fiscal year 2006, $7,941,679,000 
        for fiscal year 2007, $8,146,898,000 for fiscal year 2008, and 
        $8,446,153,000 for fiscal year 2009.
            (6) Congestion mitigation and air quality improvement 
        program.--For the congestion mitigation and air quality 
        improvement program under section 149 of that title, 
        $1,530,210,000 for fiscal year 2004, $1,695,950,000 for fiscal 
        year 2005, $1,822,227,000 for fiscal year 2006, $1,941,893,000 
        for fiscal year 2007, $1,994,307,000 for fiscal year 2008, and 
        $2,064,767,000 for fiscal year 2009.
            (7) Appalachian development highway system program.--For 
        the Appalachian development highway system program under 
        section 14501 of title 40, United States Code, $600,000,000 for 
        each of fiscal years 2004 through 2009.
            (8) Recreational trails program.--For the recreational 
        trails program under section 206 of title 23, United States 
        Code, $70,000,000 for fiscal year 2004, $90,000,000 for fiscal 
        year 2005, $110,000,000 for fiscal year 2006, $130,000,000 for 
        fiscal year 2007, $150,000,000 for fiscal year 2008, and 
        $150,000,000 for fiscal year 2009.
            (9) Federal lands highways program.--
                    (A) Indian reservation roads.--For Indian 
                reservation roads under section 204 of title 23, United 
                States Code, $375,000,000 for fiscal year 2004, 
                $425,000,000 for fiscal year 2005, $475,000,000 for 
                fiscal year 2006, $500,000,000 for fiscal year 2007, 
                $550,000,000 for fiscal year 2008, and $550,000,000 for 
                fiscal year 2009.
                    (B) Park roads and parkways.--For park roads and 
                parkways roads under section 204 of that title, 
                $180,000,000 for fiscal year 2004, $205,000,000 for 
                fiscal year 2005, $230,000,000 for fiscal year 2006, 
                $255,000,000 for fiscal year 2007, $280,000,000 for 
                fiscal year 2008, and $305,000,000 for fiscal year 
                2009.
                    (C) Public lands highway.--For public lands highway 
                under section 204 of that title, $250,000,000 for 
                fiscal year 2004, $275,000,000 for fiscal year 2005, 
                $300,000,000 for fiscal year 2006, $325,000,000 for 
                fiscal year 2007, $350,000,000 for fiscal year 2008, 
                and $375,000,000 for fiscal year 2009.
                    (D) Refuge roads.--For refuge roads under section 
                204 of that title, $25,000,000 for each of fiscal years 
                2004 through 2009.
                    (E) Indian transportation bonds.--For the Indian 
                transportation bonds under section 1117 of this title, 
                $25,000,000 for fiscal year 2004, $25,000,000 for 
                fiscal year 2005, $25,000,000 for fiscal year 2006, 
                $50,000,000 for fiscal year 2007, $50,000,000 for 
                fiscal year 2008, and $50,000,000 for fiscal year 2009.
            (10) National corridor infrastructure improvement 
        program.--For the national corridor infrastructure improvement 
        program under section 1301 of this title, $500,000,000 for 
        fiscal year 2004, $900,000,000 for fiscal year 2005, 
        $900,000,000 for fiscal year 2006, $900,000,000 for fiscal year 
        2007, $900,000,000 for fiscal year 2008, and $900,000,000 for 
        fiscal year 2009.
            (11) Coordinated border infrastructure program.--For the 
        coordinated border infrastructure program under section 1302 of 
        this title, $200,000,000 for fiscal year 2004, $300,000,000 for 
        fiscal year 2005, $325,000,000 for fiscal year 2006, 
        $350,000,000 for fiscal year 2007, $400,000,000 for fiscal year 
        2008, and $400,000,000 for fiscal year 2009.
            (12) Projects of national and regional significance 
        program.--For the projects of national and regional 
        significance program under section 1304 of this title, 
        $2,900,000,000 for fiscal year 2004, $2,900,000,000 for fiscal 
        year 2005, $2,900,000,000 for fiscal year 2006, $2,900,000,000 
        for fiscal year 2007, $3,000,000,000 for fiscal year 2008, and 
        $3,000,000,000 for fiscal year 2009.
            (13) Construction of ferry boats and ferry terminal 
        facilities.--For construction of ferry boats and ferry terminal 
        facilities under section 165 of title 23, United States Code, 
        $100,000,000 for fiscal year 2004, $105,000,000 for fiscal year 
        2005, $110,000,000 for fiscal year 2006, $115,000,000 for 
        fiscal year 2007, $120,000,000 for fiscal year 2008, and 
        $125,000,000 for fiscal year 2009.
            (14) National scenic byways program.--For the national 
        scenic byways program under section 162 of title 23, United 
        States Code, $35,000,000 for fiscal year 2004, $50,000,000 for 
        fiscal year 2005, $65,000,000 for fiscal year 2006, $80,000,000 
        for fiscal year 2007, $95,000,000 for fiscal year 2008, and 
        $110,000,000 for fiscal year 2009.
            (15) Congestion pricing pilot program.--For the congestion 
        pricing pilot program under section 1209 of this title, 
        $25,000,000 for fiscal year 2004, $25,000,000 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.
            (16) Deployment of 511 traveler information program.--For 
        the 511 traveler information program under section 1204(c)(7) 
        of this title, $25,000,000 for each of fiscal years 2004 
        through 2009.
            (17) High priority projects program.--For the high priority 
        projects program under section 117 of title 23, United States 
        Code, $1,953,000,000 for fiscal year 2004, $2,144,793,000 for 
        fiscal year 2005, $2,355,412,000 for fiscal year 2006, 
        $2,586,713,000 for fiscal year 2007, $2,840,728,000 for fiscal 
        year 2008, and $3,119,688,000 for fiscal year 2009.
            (18) Freight intermodal connector program.--For the freight 
        intermodal connector program under section 1303 of this title, 
        $300,000,000 for fiscal year 2004, $400,000,000 for fiscal year 
        2005, $500,000,000 for fiscal year 2006, $600,000,000 for 
        fiscal year 2007, $600,000,000 for fiscal year 2008, and 
        $600,000,000 for fiscal year 2009.
            (19) High risk rural road safety improvement program.--For 
        the high risk rural road safety improvement program under 
        section 1403 of this title, $250,000,000 for fiscal year 2004, 
        $250,000,000 for fiscal year 2005, $250,000,000 for fiscal year 
        2006, $250,000,000 for fiscal year 2007, $250,000,000 for 
        fiscal year 2008, and $250,000,000 for fiscal year 2009.
            (20) Highway use tax evasion program.--For highway use tax 
        evasion projects under section 143 of title 23, United States 
        Code, $26,000,000 for fiscal year 2004, $55,000,000 for fiscal 
        year 2005, $55,000,000 for fiscal year 2006, $44,000,000 for 
        fiscal year 2007, $11,000,000 for fiscal year 2008, and 
        $11,000,000 for fiscal year 2009.
            (21) Pedestrian and cyclist equity.--
                    (A) Transportation and active living program.--For 
                the transportation and active living program under 
                section 1118 of this title, $25,000,000 for each of 
                fiscal years 2004 through 2009. [Reserved.]
                    (B) Safe routes to school program.--For the safe 
                routes to school program under section 1118 of this 
                title, $250,000,000 for each of the fiscal years 2004 
                through 2009.
                    (C) Nonmotorized pilot program.--For the 
                nonmotorized pilot program under section 1118 of this 
                title, $20,000,000 for each of fiscal years 2004 
                through 2006 and $40,000,000 for each of fiscal years 
                2007 through 2009. [Reserved.]
            (22) Dedicated truck lanes.--For dedicated truck lanes 
        under section 1305 of this title, $250,000,000 for fiscal year 
        2004 and $350,000,000 for each of fiscal years 2005 through 
        2009.
            (23) Highways for life program.--For the highways for life 
        program under section 1504 of this title, $125,000,000 for each 
        of fiscal years 2004 through 2009.
            (24) Commonwealth of puerto rico highway program.--For the 
        Commonwealth of Puerto Rico highway program under section 
        1214(r) of the Transportation Equity Act for the 21st Century 
        (112 Stat. 209), $130,000,000 for fiscal year 2004, 
        $140,000,000 for fiscal year 2005, $150,000,000 for fiscal year 
        2006, $160,000,000 for fiscal year 2007, $170,000,000 for 
        fiscal year 2008, and $180,000,000 for fiscal year 2009.
    (b) Disadvantaged Business Enterprises.--
            (1) 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 shall be expended with small business concerns owned 
        and controlled by socially and economically disadvantaged 
        individuals.
            (2) Definitions.--In this subsection, the following 
        definitions apply:
                    (A) Small business concern.--The term ``small 
                business concern'' has the meaning such term has under 
                section 3 of the Small Business Act (15 U.S.C. 632); 
                except that such 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 $17,420,000, as 
                adjusted by the Secretary for inflation.
                    (B) Socially and economically disadvantaged 
                individuals.--The term ``socially and economically 
                disadvantaged individuals'' has the meaning such term 
                has under section 8(d) of the Small Business Act (15 
                U.S.C. 637(d)) and relevant subcontracting regulations 
                promulgated pursuant thereto; except that women shall 
                be presumed to be socially and economically 
                disadvantaged individuals for purposes of this 
                subsection.
            (3) Annual listing of disadvantaged business enterprises.--
        Each State shall annually survey and compile a list of the 
        small business concerns referred to in paragraph (1) and the 
        location of such concerns in the State and notify the 
        Secretary, in writing, of the percentage of such concerns which 
        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. Such 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 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.--Notwithstanding any other provision of law 
but subject to subsections (g) and (h), the obligations for Federal-aid 
highway and highway safety construction programs shall not exceed--
            (1) $38,800,000,000 for fiscal year 2004;
            (2) $43,300,000,000 for fiscal year 2005;
            (3) $47,100,000,000 for fiscal year 2006;
            (4) $51,100,000,000 for fiscal year 2007;
            (5) $54,200,000,000 for fiscal year 2008; and
            (6) $58,200,000,000 for fiscal year 2009.
    (b) Exceptions.--The limitations under subsection (a) shall not 
apply to obligations--
            (1) under section 125 of title 23, United States Code;
            (2) under section 147 of the Surface Transportation 
        Assistance Act of 1978;
            (3) under section 9 of the Federal-Aid Highway Act of 1981;
            (4) under sections 131(b) and 131(j) of the Surface 
        Transportation Assistance Act of 1982;
            (5) under sections 149(b) and 149(c) of the Surface 
        Transportation and Uniform Relocation Assistance Act of 1987;
            (6) under sections 1103 through 1108 of the Intermodal 
        Surface Transportation Efficiency Act of 1991;
            (7) under section 157 of title 23, United States Code, as 
        in effect on June 8, 1998;
            (8) under section 105 of title 23, United States Code (but, 
        for each of fiscal years 1998 through 2013), only in an amount 
        equal to $639,000,000 per fiscal year; and
            (9) for Federal-aid highway programs for which obligation 
        authority was made available under the Transportation Equity 
        Act for the 21st Century or subsequent public laws for multiple 
        years or to remain available until used, but only to the extent 
        that such obligation authority has not lapsed or been used.
    (c) Distribution of Obligation Authority.--For each of fiscal years 
2004 through 2009, the Secretary shall--
            (1) not distribute obligation authority provided by 
        subsection (a) for such fiscal year for amounts authorized for 
        administrative expenses and amounts authorized for the highway 
        use tax evasion program and the Bureau of Transportation 
        Statistics;
            (2) 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) determine the ratio that--
                    (A) the obligation authority provided by subsection 
                (a) for such 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 Federal-aid highway and highway safety 
                construction programs (other than sums authorized to be 
                appropriated for sections set forth in paragraphs (1) 
                through (7) 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)(8)) for such fiscal year less the aggregate of the 
                amounts not distributed under paragraph (1) of this 
                subsection;
            (4) distribute the obligation authority provided by 
        subsection (a) less the aggregate amounts not distributed under 
        paragraphs (1) and (2) for section 117 of title 23, United 
        States Code (relating to high priority projects program), 
        section 14501 of title 40, United States Code (relating to 
        Appalachian development highway system), and $2,000,000,000 for 
        such fiscal year under section 105 of title 23, United States 
        Code (relating to minimum guarantee) so that amount of 
        obligation authority available for each of such sections is 
        equal to the amount determined by multiplying the ratio 
        determined under paragraph (3) by the sums authorized to be 
        appropriated for such section (except in the case of section 
        105, $2,000,000,000) for such fiscal year;
            (5) distribute the obligation authority provided by 
        subsection (a) less the aggregate amounts not distributed under 
        paragraphs (1) and (2) and amounts distributed under paragraph 
        (4) for each of the programs that are allocated by the 
        Secretary under this Act and title 23, United States Code 
        (other than activities to which paragraph (1) applies and 
        programs to which paragraph (4) applies) by multiplying the 
        ratio determined under paragraph (3) by the sums authorized to 
        be appropriated for such program for such fiscal year; and
            (6) distribute the obligation authority provided by 
        subsection (a) less the aggregate amounts not distributed under 
        paragraphs (1) and (2) and amounts distributed under paragraphs 
        (4) and (5) for Federal-aid highway and highway safety 
        construction programs (other than the minimum guarantee 
        program, but only to the extent that amounts apportioned for 
        the minimum guarantee program for such fiscal year exceed 
        $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) sums authorized to be appropriated for such 
                programs that are apportioned to each State for such 
                fiscal year, bear to
                    (B) the total of the sums authorized to be 
                appropriated for such programs that are apportioned to 
                all States for such fiscal year.
    (d) Redistribution of Unused Obligation Authority.--Notwithstanding 
subsection (c), the Secretary shall after August 1 of each of fiscal 
years 2004 through 2009 revise a distribution of the obligation 
authority made available under subsection (c) if an amount made 
available under this section will not be obligated during the fiscal 
year and redistribute sufficient amounts to those States able to 
obligate amounts in addition to those previously distributed during 
that fiscal year. In making the redistribution, the Secretary shall 
give 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.--Obligation limitations imposed by subsection (a) 
shall apply to transportation research programs carried out under 
chapter 5 of title 23, United States Code, and under title V of this 
Act; except that obligation authority made available for such programs 
under such limitations shall remain available for a period of 3 fiscal 
years.
    (f) Redistribution of Certain Authorized Funds.--Not later than 30 
days after the date of the distribution of obligation authority under 
subsection (c) for each of fiscal years 2004 through 2009, the 
Secretary shall distribute to the States any funds (1) that are 
authorized to be appropriated for such fiscal year for Federal-aid 
highway programs, and (2) that the Secretary determines will not be 
allocated to the States, and will not be available for obligation, in 
such fiscal year due to the imposition of any obligation limitation for 
such fiscal year. Such distribution to the States shall be made in the 
same ratio as the distribution of obligation authority under subsection 
(c)(6). The funds so distributed shall be available for any purposes 
described in section 133(b) of title 23, United States Code.
    (g) Special Rule.--Obligation authority distributed for a fiscal 
year under subsection (c)(4) for a section set forth in subsection 
(c)(4) shall remain available until used for obligation of funds for 
such section and shall 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) Increase in Obligation Limit.--Limitations on obligations 
imposed by subsection (a) for a fiscal year shall be increased by an 
amount equal to the amount determined pursuant to section 
251(b)(1)(B)(ii)(I)(cc) of the Balanced Budget and Emergency Deficit 
Control Act of 1985 (2 U.S.C. 901(b)(2)(B)(ii)(I)(cc)) for such fiscal 
year. Any such increase shall be distributed in accordance with this 
section.
    (i) Limitations on Obligations for Administrative Expenses.--
Notwithstanding any other provision of law, the total amount of all 
obligations under section 104(a) of title 23, United States Code, shall 
not exceed--
            (1) $400,000,000 for fiscal year 2004;
            (2) $410,000,000 for fiscal year 2005;
            (3) $420,000,000 for fiscal year 2006;
            (4) $430,000,000 for fiscal year 2007;
            (5) $440,000,000 for fiscal year 2008; and
            (6) $450,000,000 for fiscal year 2009.

SEC. 1103. APPORTIONMENTS.

    (a) Administrative Expenses.--Section 104(a) of title 23, United 
States Code, is amended--
            (1) by striking paragraphs (1) and (2) and inserting the 
        following:
            ``(1) In general.--There are authorized to be appropriated 
        from the Highway Trust Fund (other than the Mass Transit 
        Account) for purposes described in paragraph (2) $400,000,000 
        for fiscal year 2004, $410,000,000 for fiscal year 2005, 
        $420,000,000 for fiscal year 2006, $430,000,000 for fiscal year 
        2007, $440,000,000 for fiscal year 2008, and $450,000,000 for 
        fiscal year 2009.
            ``(2) Use of funds.--The amounts authorized to be 
        appropriated by paragraph (1) are authorized for the following 
        purposes:
                    ``(A) To administer the provisions of law to be 
                financed from appropriations for the Federal-aid 
                highway program and programs authorized under chapter 
                2.
                    ``(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.'';
            (2) in paragraph (3) by striking ``sum deducted under'' and 
        inserting ``amounts authorized to be appropriated by''; and
            (3) in paragraph (4)--
                    (A) by striking ``sums deducted under'' and 
                inserting ``amounts authorized to be appropriated by''; 
                and
                    (B) by striking ``and the Federal Motor Carrier 
                Safety Administration''.
    (b) National Highway System.--Section 104(b) of such title is 
amended--
            (1) by striking ``the deduction authorized by subsection 
        (a) and''; and
            (2) in paragraph (1)--
                    (A) by striking ``$36,400,000 for each fiscal 
                year'' and inserting ``$40,000,000 for fiscal year 
                2004, $45,000,000 for fiscal year 2005, $50,000,000 for 
                fiscal year 2006, $55,000,000 for fiscal year 2007, 
                $65,000,000 for fiscal year 2008, and $75,000,000 for 
                fiscal year 2009'';
                    (B) by striking ``$18,800,000'' and inserting 
                ``$37,600,000''; and
                    (C) by striking ``1998 through 2002'' and inserting 
                ``2004 through 2009''.
    (c) Conforming Amendments.--Section 104 of such title is amended--
            (1) in subsection (f)(1)--
                    (A) by striking ``, after making the deduction 
                authorized by subsection (a) of this section,''; and
                    (B) by striking ``remaining''; and
            (2) in subsection (i) by striking ``deducted'' and 
        inserting ``authorized to be appropriated''.
    (d) Puerto Rico Highway Program.--Section 1214(r) of the 
Transportation Equity Act for the 21st Century (112 Stat. 209; 117 
Stat. 1114) is amended--
            (1) in paragraph (1) by striking ``(15) for each of fiscal 
        years 1998 through 2004'' and inserting ``(24) for each of 
        fiscal years 2004 through 2009 of the Transportation Equity 
        Act: A Legacy for Users''; and
            (2) in paragraph (2) by striking ``(15) of this Act'' and 
        inserting ``(24) of the Transportation Equity Act: A Legacy for 
        Users''.

SEC. 1104. MINIMUM GUARANTEE.

    (a) General Rule.--Section 105(a) of title 23, United States Code, 
is amended--
            (1) by striking ``1998 through 2003'' and inserting ``2004 
        through 2009'';
            (2) by striking ``, high priority projects''; and
            (3) by striking ``and recreational trails'' and inserting 
        ``recreational trails, coordinated border infrastructure, 
        freight intermodal connectors, safe routes to school, highway 
        safety improvement, and high risk rural road safety 
        improvement''.
    (b) Treatment of Funds.--Section 105(c)(1) of such title is 
amended--
            (1) by striking ``$2,800,000,000'' and inserting 
        ``$3,100,000,000 in fiscal year 2004, $3,350,000,000 in fiscal 
        year 2005, $3,700,000,000 in fiscal year 2006, $4,000,000,000 
        in fiscal year 2007, $4,400,000,000 in fiscal year 2008, and 
        $4,800,000,000 in fiscal year 2009'';
            (2) by striking ``, high priority projects''; and
            (3) by striking ``and recreational trails'' each place it 
        appears and inserting ``recreational trails, coordinated border 
        infrastructure, freight intermodal connectors, safe routes to 
        school, highway safety improvement, and high risk rural road 
        safety improvement''.
    (c) Authorization.--Section 105(d) of such title is amended by 
striking ``1998 through 2003'' and inserting ``2004 through 2009''.
    (d) Special Rule.--Section 105 of such title is further amended--
            (1) by striking subsection (e); and
            (2) by redesignating subsection (f) as subsection (e).
    (e) Guaranteed Specified Return.--Section 105(e) of such title (as 
redesignated by subsection (d)) is amended--
            (1) in the subsection heading by striking ``of 90.5'' and 
        inserting ``Specified'';
            (2) in paragraph (1)--
                    (A) by striking ``1999 through 2003'' and inserting 
                ``2004 through 2009''; and
                    (B) by inserting before the period at the end the 
                following: ``in fiscal year 2004, 91 percent in fiscal 
                year 2005, 92 percent in fiscal year 2006, 93 percent 
                in fiscal year 2007, 94 percent in fiscal year 2008, 
                and 95 percent in fiscal year 2009''.
            (3) by striking paragraph (2);
            (4) by redesignating paragraphs (3) and (4) as paragraphs 
        (2) and (3), respectively;
            (5) in paragraph (2) (as so redesignated) by striking 
        ``any'' and inserting ``the''; and
            (6) in paragraph (3) (as so redesignated) by striking 
        ``90.5 percent'' and inserting ``the percentage required in 
        paragraph (1) for such fiscal year''.
    (f) Special Rule.--The amendment made by subsection (e)(2)(B) of 
this section shall not be in effect in any fiscal year if the 
obligation limitation for Federal-aid highways and highway safety 
construction for that fiscal year is less than the amount set forth in 
section 1102(a) of this Act for such fiscal year.

SEC. 1105. REVENUE ALIGNED BUDGET AUTHORITY.

    Section 110 of title 23, United States Code, relating to revenue 
aligned budget authority, will be continued in such a way as to create 
greater stability in program funding level adjustments and maintain a 
direct relationship to the receipts in the Highway Account of the 
Highway Trust Fund.

SEC. 1106. EMERGENCY RELIEF.

    (a) In General.--Section 125(c)(1) of title 23, United States Code, 
is amended by striking ``$100,000,000'' and inserting ``$200,000,000''.
    (b) Authorizations of Appropriations From General Fund.--There is 
authorized to be appropriated for a fiscal year such sums as may be 
necessary for allocations by the Secretary described in subsections (a) 
and (b) of sections 125 of title 23, United States Code, if the total 
of those allocations in such fiscal year are in excess of $200,000,000.

SEC. 1107. SURFACE TRANSPORTATION PROGRAM.

    Section 133(f)(1) of title 23, United States Code, 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''.

SEC. 1108. HIGHWAY USE TAX EVASION PROJECTS.

    (a) Project reports.--Section 143 of title 23, United States Code, 
is amended by inserting at the end of subsection (b) the following:
            ``(9) Reports.--The Internal Revenue Service and States 
        shall submit to the Secretary annual reports that describe the 
        projects, examinations, and criminal investigations funded by 
        and carried out under this section. The reports must specify 
        the annual yield estimated for each project funded under this 
        section.''.
    (b) Eligible Activities.--Section 143(b)(4) of such title is 
amended--
            (1) by striking ``and'' at the end of subparagraph (F);
            (2) by striking the period at the end of subparagraph (G) 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(H) to analyze and implement programs to reduce 
                tax evasion associated with foreign imported fuel.''.
    (c) Fuel Reporting System.-- Section 143(c)(1) of such title is 
amended by striking ``Not later than August 1, 1998,'' and inserting 
``Not later than April 1, 2004,''.
    (d) IRS Report.--Section 143(c)(2) of such title is amended--
            (1) by striking ``and'' at the end of subparagraph (B);
            (2) by striking the period at the end of subparagraph (C) 
        and inserting ``: and''; and
            (3) by adding at the end the following:
                    ``(D) the Internal Revenue Service shall provide a 
                report to the Secretary on the status of the Internal 
                Revenue Service projects funded under this section by 
                March 30 and September 30 of each year. The report 
                shall include updates on the automated fuel tracking 
                system project.''.
    (e) Funding.--Section 143(c)(3) of such title is amended to read as 
follows:
            ``(3) Funding.--Of the amounts made available to carry out 
        this section for each of fiscal years 2004 through 2009, the 
        Secretary shall make funds available to the Internal Revenue 
        Service to complete, operate, and maintain an automated fuel 
        reporting system and to the States to supplement State highway 
        use tax enforcement programs.''.

SEC. 1109. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM.

    (a) Apportionment.--The Secretary shall apportion funds made 
available by section 1101(a)(7) of this Act for fiscal years 2004 
through 2009 among the States based on the latest available cost to 
complete estimate for the Appalachian development highway system under 
section 14501 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 such 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. 1110. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL FACILITIES.

    (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. 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 payable for construction of 
ferry boats and ferry terminal facilities under this section shall be 
80 percent of the cost thereof.
    ``(c) Availability of Amounts.--Amounts made available to carry out 
this section shall remain available until expended.
    ``(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 2004 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) 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) Conforming Amendment.--The analysis for subchapter I of chapter 
1 of such title is amended by adding at the end the following:

``165. Construction of ferry boats and ferry terminal facilities.''.

SEC. 1111. INTERSTATE MAINTENANCE DISCRETIONARY.

    (a) In General.--Section 118 of title 23, United States Code, is 
amended--
            (1) by striking subsection (c);
            (2) in subsection (e) by inserting ``Special Rules.--'' 
        before ``Funds made''; and
            (3) by redesignating subsections (d) and (e) as subsections 
        (c) and (d), respectively.
    (b) Conforming Amendment.--Section 103(d)(1) of such title is 
amended by striking ``or section 118(c)''.
    (c) Technical Amendments.--
            (1) Section 127.--Section 127 of such title is amended by 
        striking ``118(b)(1)'' and inserting ``118(b)(2)''.
            (2) Section 112.--Section 112 of such title is amended by 
        striking subsection (f) and by redesignating (g) as subsection 
        (f).
            (3) Section 114.--Section 114(a) of such title is amended 
        by striking ``Except as provided in section 117 of this title, 
        such'' and inserting ``Such''.
            (4) Section 145.--Section 145(b) of such title is amended 
        by striking ``117 of title 23, United States Code,'' and 
        inserting ``section 117 of this title''.
    (d) Limitation.--The amendments made by this section shall not 
apply to, or have any affect with respect to, funds made available 
under section 118 of title 23, United States Code, before the date of 
enactment of this section.

SEC. 1112. HIGHWAY BRIDGE.

    (a) Scour Countermeasures.--Section 144(d) of title 23, United 
States Code, is amended to read as follows:
    ``(d) Applications for and Approval of Assistance.--
            ``(1) Bridge replacement or rehabilitation.--Whenever any 
        State or States make application to the Secretary for 
        assistance in replacing or rehabilitating a highway bridge 
        which the priority system established under subsections (b) and 
        (c) shows to be eligible, the Secretary may approve Federal 
        participation in replacing such bridge with a comparable 
        facility or in rehabilitating such bridge.
            ``(2) Preventive maintenance, scour measures, and 
        applications of certain compositions.--Whenever any State makes 
        application to the Secretary for assistance in painting, 
        seismic retrofit, or preventive maintenance of, or installing 
        scour countermeasures or applying calcium magnesium acetate, 
        sodium acetate/formate, or other environmentally acceptable, 
        minimally corrosive anti-icing and de-icing compositions to, 
        the structure of a highway bridge, the Secretary may approve 
        Federal participation in the painting, seismic retrofit, or 
        preventive maintenance of, or installation of scour 
        countermeasures or application of acetate or sodium acetate/
        formate or such anti-icing or de-icing composition to, such 
        structure.
            ``(3) Eligibility.--The Secretary shall determine the 
        eligibility of highway bridges for replacement or 
        rehabilitation for each State based upon the unsafe highway 
        bridges in such State; except that a State may carry out a 
        project for preventive maintenance on a bridge, seismic 
        retrofit of a bridge, or installing scour countermeasures to a 
        bridge under this section without regard to whether the bridge 
        is eligible for replacement or rehabilitation under this 
        section.''.
    (b) Bridge Discretionary Set-Aside.--Section 144(g)(1) of such 
title is amended by adding at the end the following:
                    ``(D) Fiscal years 2004 through 2009.--Of the 
                amounts authorized to be appropriated to carry out the 
                bridge program under this section for each of the 
                fiscal years 2004 through 2009, all but $100,000,000 
                shall be apportioned as provided in subsection (e). 
                Such $100,000,000 shall be available at the discretion 
                of the Secretary.''.
    (c) Off-System Bridges.--Section 144(g)(3) of such title is 
amended--
            (1) by striking ``1987'' and inserting ``2004'';
            (2) by striking ``2003'' and inserting ``2009'';
            (3) by inserting ``, perform systematic preventive 
        maintenance,'' after ``paint'';
            (4) by inserting a comma before ``to highway bridges''.
    (d) Technical Amendment.--Section 144(i) of such title is amended 
by striking ``at the same time'' and all that follows through 
``Congress''.

SEC. 1113. TRANSPORTATION AND COMMUNITY AND SYSTEM PRESERVATION 
              PROGRAM.

    Section 1221(e)(1) of Transportation Equity Act for the 21st 
Century (23 U.S.C. 101 note; 112 Stat. 223) is amended--
            (1) by striking ``1999 and'' and inserting ``1999,''; and
            (2) by inserting before the period at the end the 
        following: ``, and $30,000,000 for fiscal year 2004, 
        $35,000,000 for fiscal year 2005, $40,000,000 for fiscal year 
        2006, $45,000,000,000 for fiscal year 2007, and $50,000,000 for 
        each of fiscal years 2008 and 2009''.

SEC. 1114. 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.
    (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) 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 $40,000,000 for each of fiscal years 
2005 through 2009.
    (e) Applicability of Title 23, United States Code.--Funds 
authorized to be appropriated 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 full project costs of an eligible project shall be 80 
percent and such funds shall remain available until expended.

SEC. 1115. RECREATIONAL TRAILS.

    (a) Recreational Trails Program Formula.--Section 104(h)(1) of 
title 23, United States Code, is amended by striking ``research and 
technical'' and all that follows through ``Committee'' and inserting 
``research, technical assistance, and training under the recreational 
trails program''.
    (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) operation of educational programs to promote 
                safety and environmental protection as those objectives 
                relate to the use of recreational trails, 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 to carry out this section.''.
    (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 pre-approval planning and environmental 
                compliance costs to be credited toward the non-Federal 
                share of the cost of a project described under 
                subsection (d)(2) (other than subparagraph (I)) 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. 1116. FEDERAL LANDS HIGHWAYS.

    (a) Contracts and Agreements With Indian Tribes.--Section 202(d)(3) 
of title 23, United States Code, is amended to read as follows:
            ``(3) 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 
                title for a highway, road, bridge, parkway, or transit 
                facility 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, 
                engineering, and construction relating to such project.
                    ``(B) Exclusion of agency participation.--In 
                accordance with subparagraph (A), all funds for a 
                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 project to 
                which this title 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) Funding.--The amount an Indian tribal 
                government receives for a project under subparagraph 
                (A) shall equal the sum of the funding that the Indian 
                tribal government would otherwise receive for the 
                project in accordance with the funding formula 
                established under this subsection and such additional 
                amount 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 
                project.
                    ``(E) Eligibility.--An Indian tribal government may 
                receive funding under subparagraph (A) for a project in 
                a fiscal year if the Indian tribal government 
                demonstrates to the satisfaction of the Secretary 
                financial stability and financial management capability 
                as demonstrated in the annual auditing required under 
                the Indian Self-Determination and Education Assistance 
                Act (25 U.S.C. 450 et seq.) and, during the preceding 
                fiscal year, had no uncorrected significant and 
                material audit exceptions in the required annual audit 
                of the Indian tribe's self-determination contracts or 
                self-governance funding agreements with any Federal 
                agency.
                    ``(F) Assumption of functions and duties.--An 
                Indian tribal government receiving funding under 
                subparagraph (A) for a project shall assume all 
                functions and duties that the Secretary of the Interior 
                would have performed with respect to projects 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.).
                    ``(G) Powers.--An Indian tribal government 
                receiving funding under subparagraph (A) for a 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 project under this section if such 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.).
                    ``(H) Dispute resolution.--In the event of a 
                disagreement between the Secretary of Transportation 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.''.
    (b) Alaska Native Village Inventory.--Section 202(d)(2) of such 
title is amended by adding at the end the following:
                    ``(E) Alaska native road inventory.--
                            ``(i) In general.--For fiscal year 2004 and 
                        each fiscal year thereafter, any allocation of 
                        sums authorized to be appropriated for Indian 
                        reservation roads in Alaska shall be based on 
                        an inventory of roads within the exterior 
                        boundaries of village corporation land selected 
                        pursuant to the Alaska Native Claims Settlement 
                        Act (43 U.S.C. 1601 et seq.) that includes all 
                        routes previously included in such an 
                        inventory. The Secretary of Transportation and 
                        the Secretary of the Interior may include, in 
                        the inventory of roads, those proposed for 
                        inclusion by tribal village governments from 
                        among community streets within the village and 
                        those proposed primary access routes for 
                        inclusion by tribal village governments, 
                        including roads and trails between villages 
                        (including links over water), roads and trails 
                        to landfills, roads and trails to drinking 
                        water sources, roads and trails to natural 
                        resources identified for economic development, 
                        and roads and trails that provide access to 
                        intermodal termini, such as airports, harbors, 
                        or boat landings.
                            ``(ii) 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.''.
    (c) Deputy Assistant Secretary of Transportation for Tribal 
Government Affairs.--Section 102 of title 49, United States Code, is 
amended--
            (1) by redesignating subsection (f) as subsection (g); and
            (2) by inserting after subsection (e) the following:
    ``(f) Deputy Assistant Secretary for Tribal Government Affairs.--
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 related 
to, or has impact on, projects, programs, or funding associated with 
the tribal transportation program.''.

SEC. 1117. INDIAN TRANSPORTATION BONDS.

    [Reserved.]

SEC. 1118. PEDESTRIAN AND CYCLIST EQUITY.

    (a) Transportation and Active Living Program.--[Reserved.]
    (b) Safe Routes to School Program.--
            (1) Establishment.--Subject to the requirements of this 
        subsection, the Secretary shall establish and carry out a safe 
        routes to school program for the benefit of children in primary 
        and middle schools.
            (2) Purposes.--The purposes of the program shall be--
                    (A) to enable and encourage children, including 
                those with disabilities, to walk and bicycle to school;
                    (B) 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
                    (C) 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.
            (3) Apportionment of funds.--
                    (A) In general.--Subject to subparagraphs (B) and 
                (C), amounts made available to carry out this 
                subsection for a fiscal year shall be apportioned among 
                the States in the ratio that--
                            (i) the total student enrollment in primary 
                        and middle schools in each State; bears to
                            (ii) the total student enrollment in 
                        primary and middle schools in all the States.
                    (B) Minimum apportionment.--No State shall receive 
                an apportionment under this subsection for a fiscal 
                year of less than $2,000,000.
                    (C) Set-aside.--Before apportioning amounts made 
                available to carry out this subsection under this 
                paragraph for a fiscal year, the Secretary shall set 
                aside not more than 2 percent of such amounts for the 
                administrative expenses of the Secretary in carrying 
                out this subsection.
                    (D) Determination of student enrollments.--
                Determinations under this paragraph concerning student 
                enrollments shall be made by the Secretary.
            (4) Administration of amounts.--Amounts apportioned to a 
        State under this subsection shall be administered by the 
        State's department of transportation.
            (5) Eligible recipients.--Amounts apportioned to a State 
        under this subsection 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 subsection.
            (6) Eligible projects and activities.--
                    (A) Infrastructure-related projects.--
                            (i) In general.--Amounts apportioned to a 
                        State under this subsection may be used for the 
                        planning, design, and construction of 
                        infrastructure-related projects that will 
                        substantially improve the ability of students 
                        to walk and bike 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.
                            (ii) 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.
                    (B) Noninfrastructure-related activities.--
                            (i) In general.--In addition to projects 
                        described in subparagraph (A), amounts 
                        apportioned to a State under this subsection 
                        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 coordinators of safe routes to 
                        school programs.
                            (ii) Allocation.--Not less than 10 percent 
                        and not more than 30 percent of the amount 
                        apportioned to a State under this subsection 
                        for a fiscal year shall be used for 
                        noninfrastructure-related activities under this 
                        subparagraph.
                    (C) Safe routes to school coordinator.--Each State 
                receiving an apportionment under this subsection 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.
            (7) Clearinghouse.--
                    (A) In general.--The Secretary shall make grants to 
                a national nonprofit organization engaged in promoting 
                safe routes to schools to--
                            (i) operate a national safe routes to 
                        school clearinghouse;
                            (ii) develop information and educational 
                        programs on safe routes to school; and
                            (iii) provide technical assistance and 
                        disseminate techniques and strategies used for 
                        successful safe routes to school programs.
                    (B) Funding.--The Secretary shall carry out this 
                paragraph using amounts set aside for administrative 
                expenses under paragraph (3)(C).
            (8) Task force.--
                    (A) 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.
                    (B) Report.--Not later than March 30, 2005, the 
                Secretary shall transmit to Congress a report 
                containing the results of the study conducted, and a 
                description of the strategy developed, under 
                subparagraph (A).
                    (C) Funding.--The Secretary shall carry out this 
                paragraph using amounts set aside for administrative 
                expenses under paragraph (3)(C).
            (9) Applicability of title 23.--Funds made available to 
        carry out 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 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. Notwithstanding any 
        other provision of law, projects assisted under this subsection 
        shall be treated as projects on a Federal-aid system under such 
        chapter.
            (10) Definitions.--In this subsection, the following 
        definitions apply:
                    (A) 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).
                    (B) Primary and middle schools.--The term ``primary 
                and middle schools'' means schools providing education 
                from kindergarten through eighth grade.
                    (C) State.--The term ``State'' has the meaning such 
                term has in section 101(a) of title 23, United States 
                Code.
    (c) Nonmotorized Transportation Pilot Program.--[Reserved.]

SEC. 1119. NATIONAL COMMISSIONS.

    (a) National Commission on Future Revenue Sources to Support the 
Highway Trust Fund.--
            (1) Establishment.--There is established a National 
        Commission on Future Revenue Sources to Support the Highway 
        Trust Fund to conduct a study evaluating alternative long-term 
        sources of revenue to support the Highway Trust Fund, 
        considering the findings, conclusions, and recommendations of a 
        recent study by the Transportation Research Board of the 
        National Academy of Sciences on alternatives to the fuel tax to 
        support highway program financing and other relevant prior 
        research.
            (2) Functions.--The Commission shall--
                    (A) oversee a comprehensive investigation of 
                alternatives to replace the fuel tax as the principal 
                revenue source to support the Highway Trust Fund over 
                at least the next 30 years;
                    (B) consult with the Secretary of Transportation 
                and the Secretary of the Treasury to assure that their 
                views concerning essential attributes of Highway Trust 
                Fund revenue alternatives are understood;
                    (C) assure that State transportation agency views 
                on alternative revenue sources to support State 
                transportation improvement programs are appropriately 
                considered and that any recommended Federal financing 
                strategy take into account State financial 
                requirements; and
                    (D) make specific recommendations regarding actions 
                that need to be taken to develop alternative revenue 
                sources to support the Highway Trust Fund and when 
                those actions must be taken.
            (3) Specific matters to be addressed.--The study under this 
        subsection shall address specifically--
                    (A) advantages and disadvantages of alternative 
                revenue sources to meet anticipated Federal surface 
                transportation financial requirements;
                    (B) the time frame within which actions must be 
                taken to transition from the fuel tax to alternative 
                revenue sources to support the Highway Trust Fund;
                    (C) recommendations concerning the most promising 
                revenue sources to support long-term Federal surface 
                transportation financing requirements;
                    (D) development of a broad transition strategy to 
                move from the current tax base to new funding 
                mechanisms, including the time frame for various 
                aspects of the transition strategy;
                    (E) recommendations for additional research that 
                may be needed to implement recommended alternatives; 
                and
                    (F) the extent to which revenues should reflect the 
                relative use of the highway system.
            (4) Matters to consider and evaluate.--To the maximum 
        extent feasible, the Commission, in conducting the study under 
        this subsection, shall consider and evaluate other related work 
        that has been done by the Department of Transportation, the 
        Department of Energy, the Transportation Research Board, and 
        others. In developing recommendations under paragraph (2), the 
        Commission shall consider--
                    (A) the ability to generate sufficient revenues to 
                meet anticipated long term surface transportation 
                financing needs;
                    (B) the roles of the various levels of government 
                and the private sector in meeting future surface 
                transportation financing needs;
                    (C) administrative costs, including enforcement, to 
                implement each option;
                    (D) potential taxpayer privacy concerns;
                    (E) likely technological advances that could ease 
                implementation of each option;
                    (F) the equity and economic efficiency of each 
                option;
                    (G) the flexibility of different options to allow 
                various pricing alternatives to be implemented; and
                    (H) potential compatibility issues with States tax 
                mechanisms under each alternative.
            (5) Membership.--
                    (A) Appointment.--[Reserved.]
                    (B) Qualifications.--Members appointed under 
                subparagraph (A) shall have experience in public 
                finance, surface transportation program administration, 
                managing organizations that use surface transportation 
                facilities, academic research into related issues, or 
                other activities that provide unique perspectives on 
                current and future requirements for revenue sources to 
                support the Highway Trust Fund.
                    (C) Terms.--Members shall be appointed for the life 
                of the Commission.
                    (D) Vacancies.--A vacancy on the Commission shall 
                be filled in the manner in which the original 
                appointment was made.
                    (E) Travel expenses.--Members shall serve without 
                pay but shall receive travel expenses, including per 
                diem in lieu of subsistence, in accordance with 
                sections 5702 and 5703 of title 5, United States Code.
                    (F) Chairman.--The Chairman of the Commission shall 
                be elected by the members.
            (6) Staff.--The Commission may engage the services of an 
        appropriate organization, agency, or firm to conduct the study 
        under this subsection. The Commission shall provide strategic 
        guidance for the study. Upon request of the Commission, the 
        Secretary of Transportation may detail, on a reimbursable 
        basis, any of the personnel of that department to the 
        Commission to assist it in carrying out its duties under this 
        subsection and shall provide to the Commission nonconfidential 
        data and information as necessary to conduct and complete the 
        study.
            (7) Administrative support services.--Upon the request of 
        the Commission, the Secretary shall provide to the Commission, 
        on a reimbursable basis, the administrative support and 
        services necessary for the Commission to carry out its 
        responsibilities under this subsection.
            (8) Report and recommendations.--Not later than September 
        30, 2006, the Commission shall transmit to Congress a final 
        report on the results of the study conducted under this 
        subsection, including recommendations to address the needs 
        identified in the study.
            (9) Termination.--The Commission shall terminate on the 
        180th day following the date of transmittal of the report under 
        paragraph (8). By such 180th day, the Commission shall deliver 
        all records and papers of the Commission to the Administrator 
        of the General Services for deposit in the National Archives.
            (10) Authorization of Appropriations.--There is authorized 
        to be appropriated from the Highway Trust Fund (other than the 
        Mass Transit Account) $1,500,000 for each of fiscal years 2004 
        and 2005 to carry out this subsection.
            (11) Applicability of title 23.--Funds made available to 
        carry out 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 Federal 
        share of the cost of activities carried out under this 
        subsection shall be 100 percent, and such funds shall remain 
        available until expended.
    (b) Declaration of Policy Regarding Future of the Interstate 
Highway System Study.--Section 101(b) of title 23, United States Code, 
is amended by striking the last paragraph and inserting the following:
    ``It is further declared that it is in the national interest to 
preserve and enhance the Dwight D. Eisenhower National System of 
Interstate and Defense Highways to meet the Nation's needs for the 21st 
century. The current urban and long distance personal travel and 
freight movement demands have surpassed the vision of the original 
Interstate System and travel demand patterns are expected to change. 
Continued planning for and investment in the Interstate System is 
critical to assure it adequately meets the changing travel demands of 
the future. Among the foremost needs that the Interstate System must 
provide are safe, efficient, and reliable (1) national and 
interregional personal mobility, (2) flow of interstate commerce, and 
(3) travel movements essential for national security. To the maximum 
extent, actions under this title should address congestion, safety, and 
freight transportation to provide for a strong and vigorous national 
economy. The Interstate System is hereby declared to be the Nation's 
premiere highway system, essential for the Nation's economic vitality, 
national security, and general welfare. The Secretary of Transportation 
is directed to take appropriate actions to preserve and enhance the 
Interstate System to meet the needs of the 21st century in accordance 
with this title.''.
    (c) National Commission on Future of Interstate Highway System.--
            (1) Establishment.--There is established a National 
        Commission on the Future of the Dwight D. Eisenhower National 
        System of Interstate and Defense Highways (in this subsection 
        referred to as the ``Interstate System'').
            (2) Function.--The Commission shall--
                    (A) conduct a study of the current condition and 
                future of the Interstate System and develop a 
                conceptual plan with alternative approaches for the 
                future of the Interstate System to assure that the 
                Interstate System will continue to serve the needs of 
                the Nation;
                    (B) assure that State transportation agency views 
                are considered; and
                    (C) make specific recommendations regarding those 
                design standards, Federal policies, and legislative 
                changes that must be made to assure the national 
                interests are served in meeting future Interstate 
                System needs.
            (3) Specific matters to be addressed.--The Commission shall 
        assure that the study under this subsection specifically 
        addresses the following:
                    (A) Current condition.--The current condition and 
                performance of the Interstate System, including 
                physical condition of bridges and pavements and 
                operational characteristics and performance, shall be 
                examined, relying primarily on existing data sources.
                    (B) Future assessment.--The future of the 
                Interstate System, based on a range of legislative and 
                policy approaches for 15-, 30-, and 50-year horizons.
            (4) Specific issues and details to address.--The following 
        specific issues and details shall be addressed as a part of the 
        study under this subsection:
                    (A) Demographics.--Expected demographics and 
                business uses that impact transportation.
                    (B) Usage.--Expected system use and effects of 
                changing vehicle types, fleet size and weights, and 
                traffic volumes.
                    (C) Natural disaster.--Seismic and other 
                vulnerabilities and their potential impacts.
                    (D) Design standards.--Desirable design policies 
                and standards for future improvements, including safety 
                improvement and additional access points.
                    (E) System wide needs.--Identification of both 
                urban and rural needs.
                    (F) Potential system expansion, upgrades, or other 
                changes.--Deployment of advanced materials and 
                intelligent technologies; critical multi-state rural 
                corridors needing capacity, safety, and operational 
                enhancements; urban and multi-state corridor additions; 
                bypasses of major cities that ensure efficient long-
                haul travel; improvements to inter-modal linkages; 
                strategies to enhance asset preservation; and 
                implementation strategies.
                    (G) Community values.--Consideration of alternative 
                approaches to maintaining or enhancing community values 
                in those neighborhoods adjacent to the Interstate 
                System.
                    (H) Environmental issues.--Consideration of 
                alternative approaches to addressing environmental 
                concerns relative to recommended alternatives.
                    (I) System performance.--Evaluation and assessment 
                of the current and future capabilities for conducting 
                system-wide real-time performance data collection and 
                analysis, traffic monitoring, system operations and 
                management.
            (5) Alternatives.--A range of policy recommendations shall 
        be developed as a part of the plan under this subsection to 
        address identified future needs of the Interstate System. The 
        alternatives shall include funding needs and potential 
        approaches to provide those funds.
            (6) Membership.--
                    (A) Appointment.--[Reserved.]
                    (B) Qualifications.--Members appointed under 
                subparagraph (A) shall be appointed from among 
                individuals that have a concern for maintaining a 
                strong role for the Interstate System in the future of 
                the Nation and may include representatives from 
                Federal, State, and local governments, other 
                transportation authorities or agencies, and 
                organizations representing surface transportation 
                owners and operators.
                    (C) Terms.--Members shall be appointed for the life 
                of the Commission.
                    (D) Vacancies.--A vacancy in the Commission shall 
                be filled in the manner in which the original 
                appointment was made.
                    (E) Travel expenses.--Member shall serve without 
                pay but shall receive travel expenses, including per 
                diem in lieu of subsistence, in accordance with 
                sections 5702 and 5703 of title 5, United States Code.
                    (F) Chairman.--The Chairman of the Commission shall 
                be elected by the members.
            (7) Staff.--The Commission may engage the services of an 
        appropriate organization, agency, or firm to conduct the study 
        under this subsection. The Commission will provide strategic 
        guidance for the study. Upon request of the Commission, the 
        Secretary may detail, on a reimbursable basis, any of the 
        personnel of the Department of Transportation to the Commission 
        to assist it in carrying out its duties under this section and 
        shall provide to the Commission such nonconfidential data and 
        information as necessary to conduct the study.
            (8) Administrative support services.--Upon the request of 
        the Commission, the Secretary shall provide to the Commission, 
        on a reimbursable basis, the administrative support and 
        services necessary for the Commission to carry out its 
        responsibilities under this subsection.
            (9) Report and recommendations.--Not later than September 
        30, 2006, the Commission shall transmit to Congress a final 
        report on the results of the study conducted under this 
        subsection, including recommendations to address the needs 
        identified in the study.
            (10) Termination.--The Commission shall terminate on the 
        180th day following the date of transmittal of the report under 
        paragraph (9). By such 180th day, the Commission shall deliver 
        all records and papers of the Commission to the Administrator 
        of the General Services for deposit in the National Archives.
            (11) Authorization of appropriations.--There is authorized 
        to be appropriated from the Highway Trust Funds (other than the 
        Mass Transit Account) to carry out this subsection $1,000,000 
        for each of fiscal years 2005 and 2006.
            (12) Applicability of title 23, united states code.--Funds 
        authorized to be appropriated 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 activities 
        carried out under this subsection shall be 100 percent and such 
        funds shall remain available until expended.

SEC. 1120. HYDROGEN INFRASTRUCTURE DEPLOYMENT PILOT PROGRAM.

    (a) In General.--The Secretary is authorized to make grants to, and 
enter into cooperative agreements and other transactions with, Federal 
and other public agencies (including State and local governments), 
private organizations, and other persons for the demonstration and 
testing of hydrogen transportation and refueling infrastructure 
necessary to support the use of next generation highway vehicle 
technologies.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated from the Highway Trust Fund (other than the Mass Transit 
Account) to carry out this section $5,000,000 for fiscal year 2004, 
$5,000,000 for fiscal year 2005, $5,000,000 for fiscal year 2006, 
$10,000,000 for fiscal year 2007, $10,000,000 for fiscal year 2008, and 
$10,000,000 for fiscal year 2009.
    (c) Applicability of Title 23, United States Code.--Funds 
authorized to be appropriated 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 a project or activity carried out under this 
section shall be 80 percent and such funds shall remain available until 
expended.

SEC. 1121. ADJUSTMENTS FOR THE SURFACE TRANSPORTATION EXTENSION ACT OF 
              2003.

    [To be supplied.]

                     Subtitle B--Congestion Relief

SEC. 1201. MOTOR VEHICLE CONGESTION RELIEF.

    (a) In General.--Title 23, United States Code, is amended by 
inserting after section 138 the following:
``Sec. 139. Motor vehicle congestion relief
    ``(a) In General.--Each State that has an urbanized area with an 
urbanized area population of over 200,000 individuals shall obligate in 
each of fiscal years 2004 through 2009 a portion of the State's 
apportionments under section 104(b) in such fiscal year, as calculated 
under subsection (b), for congestion relief activities in such 
urbanized areas in accordance with this section.
    ``(b) Calculation of Amount.--The portion of a State's 
apportionments for a fiscal year to be obligated for congestion relief 
activities under subsection (a) shall be determined by multiplying--
            ``(1) the total of amounts apportioned to the State under 
        each of paragraphs (1), (2), (3), and (4) of section 104(b) in 
        such fiscal year; by
            ``(2) 10 percent; by
            ``(3) the percentage of the State's population residing in 
        urbanized areas of the State with an urbanized area population 
        of over 200,000 individuals.
    ``(c) Allocation Between Under One and Under Three Congestion 
Relief Activities.--Of the total amount of a State's apportionments to 
be obligated for congestion relief activities for a fiscal year as 
calculated under subsection (b)--
            ``(1) 40 percent shall be obligated for under one 
        congestion relief activities;
            ``(2) 35 percent shall be obligated for under three 
        congestion relief activities; and
            ``(3) 25 percent shall be obligated at the discretion of 
        the State department of transportation for 1 or more of the 
        following:
                    ``(A) Under one congestion relief activities.
                    ``(B) Under three congestion relief activities.
                    ``(C) Capital costs for transit projects that are 
                eligible for assistance under chapter 53 of title 49.
                    ``(D) Demand relief projects and activities that 
                shift demand to non-peak hours or to other modes of 
                transportation or that reduce the overall level of 
                demand for roads through such means as telecommuting, 
                ridesharing, alternative work hour programs, and value 
                pricing.
    ``(d) Obligation of Amounts.--In complying with the requirements of 
this section, the amounts obligated by a State for congestion relief 
activities under subsection (a) shall be allocated among the individual 
programs for which funds are apportioned under sections 104(b)(1), 
104(b)(2), 104(b)(3), and 104(b)(4).
    ``(e) Limitation on Statutory Construction.--Nothing in this 
section shall be construed as altering or otherwise affecting the 
applicability of the requirements of this chapter (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 
congestion relief activities under subsection (a).
    ``(f) Joint Responsibility.--Each State, each affected metropolitan 
planning organization, and the Secretary shall jointly ensure 
compliance with this section.
    ``(g) Transfers.--
            ``(1) In general.--A State may transfer a portion of the 
        amount that the State must obligate for under one congestion 
        relief activities in a fiscal year under this section to the 
        amount the State must obligate for under three congestion 
        relief activities under this section if the State certifies to 
        the Secretary that there are no under one congestion relief 
        activities for which such portion can be obligated in such 
        fiscal year and the Secretary does not disapprove such transfer 
        within 30 days after the date of such certification.
            ``(2) Limitation.--The amount that a State may transfer in 
        a fiscal year under this subsection may not reduce the amount 
        the State must obligate for under one congestion relief 
        activities to less than 10 percent of the total amount of the 
        State's apportionments to be obligated for congestion relief 
        activities for such fiscal year as calculated under subsection 
        (b).
            ``(3) Treatment.--Amounts transferred by a State under this 
        subsection for a fiscal year shall be included in the amount of 
        the State's apportionments allocated for under three congestion 
        relief activities for such fiscal year under subsection (c)(2).
    ``(h) Definitions.--In this section, the following definitions 
apply:
            ``(1) Congestion relief activities.--
                    ``(A) In general.--The term `congestion relief 
                activity' means any activity, project, or program that 
                has as its primary purpose, as determined by the State 
                transportation department, the relief of motor vehicle 
                congestion.
                    ``(B) Inclusions.--Such term includes the 
                following:
                            ``(i) Relief of motor vehicle congestion 
                        through additional capacity, construction of 
                        additional lanes, improvements to interchanges, 
                        improved access to major terminals, 
                        construction of parallel roads, construction of 
                        truck only lanes, and major arterial 
                        improvements.
                            ``(ii) Transportation systemwide 
                        operational improvements targeted at increasing 
                        motor vehicle travel reliability through such 
                        means as incident management programs, traffic 
                        monitoring and surveillance, and traveler 
                        information initiatives.
                            ``(iii) Maximizing efficient use of 
                        existing motor vehicle travel capacity through 
                        such means as reversible lanes, coordinated 
                        traffic signalization, and managed lanes or 
                        other lane management strategies.
                    ``(C) Exclusions.--Such term does not include 
                demand relief projects and activities that shift demand 
                to non-peak hours or to other modes of transportation 
                or that reduce the overall level of demand for roads 
                through such means as telecommuting, ridesharing, 
                alternative work hour programs, and value pricing.
            ``(2) Under one congestion relief activities.--The term 
        `under one congestion relief activity' means a congestion 
        relief activity that--
                    ``(A) will be completed within one year after the 
                date of commencement of onsite improvements;
                    ``(B) has a total projected cost of less than 
                $1,000,000; and
                    ``(C) will improve conditions in the applicable 
                area and is an element of the congestion management 
                system.
            ``(3) Under three congestion relief activities.--The term 
        `under three congestion relief activities' means congestion 
        relief activities that--
                    ``(A) will be completed within 3 years after the 
                date of commencement of onsite improvements; and
                    ``(B) will improve conditions in the applicable 
                area and is an element of the congestion management 
                system.''.
    (b) Conforming Amendment.--The analysis for chapter I of such title 
is amended by inserting after the item relating to section 138 the 
following:

``139. Motor vehicle congestion relief.''.
    (c) Motor Vehicle Defined.--Title 23, United States Code, is 
amended--
            (1) in section 154(a)(2), relating to the definition of 
        motor vehicle, by inserting ``streets, roads, and'' before 
        ``highways'';
            (2) by redesignating paragraph (2) of section 154(a) as 
        paragraph (38);
            (3) by moving such redesignated paragraph from section 
        154(a) to the end of section 101(a);
            (4) by redesignating paragraphs (3) and (4) of section 
        154(a) as paragraphs (2) and (3), respectively;
            (5) in section 153(i)--
                    (A) by striking paragraph (2); and
                    (B) by redesignating paragraphs (3) and (4) as 
                paragraphs (2) and (3), respectively;
            (6) in section 164(a)(4) by striking ``means'' and all that 
        follows through ``rail line or'' and inserting ``does not 
        include''; and
            (7) in section 405(f)--
                    (A) by striking paragraph (2); and
                    (B) by redesignating paragraphs (3), (4), (5), and 
                (6) as paragraphs (2), (3), (4), and (5).

SEC. 1202. TRANSPORTATION SYSTEMS MANAGEMENT AND OPERATIONS.

    (a) Definitions.--
            (1) Operating costs for traffic monitoring, management, and 
        control.--Section 101(a)(17) of title 23, United States Code, 
        is amended by inserting ``transportation systems management and 
        operations and'' after ``associated with''.
            (2) Operational improvement.--Section 101(a)(18)(A)(i) of 
        such title is amended--
                    (A) by inserting ``transportation systems 
                management and operations, including'' after ``for''; 
                and
                    (B) by inserting ``equipment and programs for 
                transportation response to natural disasters,'' after 
                ``incident management programs,''.
            (4) Transportation systems management and operations.--
        Section 101(a) of such title is further amended by adding at 
        the end the following:
            ``(39) Transportation systems management and operations.--
                    ``(A) In general.--The term `transportation systems 
                management and operations' means an integrated program 
                to optimize the performance of existing infrastructure 
                through the implementation of multimodal and 
                intermodal, cross-jurisdictional systems, services, and 
                projects designed to preserve capacity and improve the 
                security, safety, and reliability of Federal-aid 
                highways.
                    ``(B) Included activities and improvements.--The 
                term includes regional operations collaboration and 
                coordination activities between transportation and 
                public safety agencies and improvements such as traffic 
                detection and surveillance, arterial management, 
                freeway management, demand management, work zone 
                management, emergency management, electronic toll 
                collection, automated enforcement, traffic operations 
                measures to improve capacity, traffic signal 
                coordination, optimization of traffic signal timing, 
                traffic incident management, roadway weather 
                management, traveler information services, commercial 
                vehicle operations, traffic control, freight 
                management, and coordination of highway, rail, transit, 
                bicycle, and pedestrian operations.''.
    (b) Congestion Mitigation and Air Quality Improvement Program 
Eligibility.--Section 149(b)(5) of such title is amended by inserting 
``improve transportation systems management and operations,'' after 
``intersections,''
    (c) Surface Transportation Program Eligibility.--Section 133(b) of 
such title is amended by adding at the end the following:
            ``(15) Regional transportation operations collaboration and 
        coordination activities that are associated with regional 
        improvements, including activities for traffic incident 
        management, technology deployment, emergency management and 
        response, traveler information, and regional congestion 
        relief.''.
    (d) National Highway System Eligibility.--Section 103(b)(6) of such 
title is amended by adding at the end the following:
                    ``(Q) Capital, operating, and systems maintenance 
                costs for transportation systems management and 
                operations.''.
    (e) Transportation Systems Management and Operations.--Subchapter I 
of chapter 1 of such title is further amended by adding at the end the 
following:
``Sec. 166. Transportation systems management and operations
    ``(a) Authority.--The Secretary may--
            ``(1) encourage transportation system managers, operators, 
        public safety officials, and transportation planners within an 
        urbanized area, who are actively engaged in and responsible for 
        conducting activities relating to day-to-day management, 
        operations, public safety, and planning of transportation 
        facilities and services, to collaborate and coordinate on a 
        regional level in a continuous and sustained manner for 
        improved transportation systems management and operations, 
        including, at a minimum--
                    ``(A) developing a regional concept of operations 
                that defines a regional strategy shared by all 
                transportation and public safety participants for how 
                the region's systems should be managed, operated, and 
                measured;
                    ``(B) sharing of information among operators, 
                service providers, public safety officials, and the 
                general public; and
                    ``(C) guiding, in a regionally-coordinated manner, 
                the implementation of regional transportation system 
                management and operations initiatives, including 
                emergency evacuation and response, traffic incident 
                management, technology deployment, and traveler 
                information systems delivery, in a manner consistent 
                with and integrated into the ongoing metropolitan and 
                statewide transportation planning processes and 
                regional intelligent transportation system 
                architecture, if required; and
            ``(2) encourage States to establish a system of basic real-
        time monitoring capability for the surface transportation 
        system and provide the capability and means to share that data 
        among agencies (including highway, transit, and public safety 
        agencies), jurisdictions (including States, cities, counties, 
        and areas represented by metropolitan planning organizations), 
        private-sector entities, and the traveling public.
    ``(b) Execution.--To support the successful execution of 
transportation systems management and operations activities, the 
Secretary may undertake the following activities:
            ``(1) Assist and cooperate with other Federal departments 
        and agencies, State and local governments, metropolitan 
        planning organizations, private industry representatives, and 
        other interested parties to improve regional collaboration and 
        real-time information sharing between transportation system 
        managers and operators, public safety officials, emergency 
        managers, and the general public to increase the security, 
        safety, and reliability of Federal-aid highways.
            ``(2) Issue, if necessary, new guidance or regulations for 
        the procurement of transportation system management and 
        operations facilities, equipment, and services, including 
        equipment procured in preparation for natural disasters and 
        emergencies, system hardware, software, and software 
        integration services.''.
    (e) Conforming Amendment.--The analysis for such chapter is further 
amended by adding at the end the following:

``166. Transportation systems management and operations.''.
    (f) Commission on Intelligent Transportation System Procurement 
Policy.--
            (1) Establishment.--There is established a Commission on 
        Intelligent Transportation System Procurement Policy.
            (2) Duties.--
                    (A) In general.--The Commission shall--
                            (i) conduct a study of the current policies 
                        and practices for the procurement of 
                        intelligent transportation system facilities, 
                        equipment, and services; and
                            (ii) develop a conceptual plan with 
                        alternative approaches for expediting and 
                        streamlining such procurements at the State 
                        level.
                    (B) Recommendations.--Based on the study under 
                subparagraph (A), the Commission shall make 
                recommendations in its report under paragraph (7) 
                regarding procurement standards, including 
                recommendations regarding any changes in Federal and 
                State statutes, regulations, and policies necessary to 
                ensure that national interests are served in meeting 
                future intelligent transportation system needs.
            (3) Specific matters to be addressed.--The study under 
        paragraph (2) shall specifically address the following:
                    (A) Current condition.--The current practices and 
                policies relating to procurement of intelligent 
                transportation system facilities, equipment, and 
                services, including equipment procured in preparation 
                for natural disasters and emergencies, system hardware, 
                software, and software integration services.
                    (B) Assessment of need for policy reform.--The 
                ability of current practices and policies to achieve 
                the successful implementation of intelligent 
                transportation system goals and the need for national 
                policy reform to expedite and streamline procurements 
                necessary to meet such goals.
                    (C) Alternatives.--The range of legislative, 
                regulatory, and policy alternatives to address 
                identified needs and goals, including funding needs.
                    (D) Recommendations.--Recommendations regarding 
                procurement standards, including recommendations 
                regarding any changes in Federal and State statutes, 
                regulations, and policies necessary for expedited and 
                streamlined procurements.
            (4) Membership.--
                    (A) Appointments.--[Reserved.]
                    (B) Terms.--Members shall be appointed for the life 
                of the Commission.
                    (C) Vacancies.--A vacancy in the Commission shall 
                be filled in the manner in which the original 
                appointment was made.
                    (D) Travel expenses.--Members shall serve without 
                pay but shall receive travel expenses, including per 
                diem in lieu of subsistence, in accordance with 
                sections 5702 and 5703 of title 5, United States Code.
            (5) Staff.--
                    (A) In general.--The Commission may engage the 
                services of an appropriate organization, agency, or 
                firm to conduct the study under paragraph (2), but the 
                Commission shall provide strategic guidance for the 
                study.
                    (B) Detail staff.--Upon request of the Commission, 
                the Secretary may detail, on a reimbursable basis, any 
                of the personnel of the Department of Transportation to 
                the Commission to assist the Commission in carrying out 
                its duties under this subsection.
                    (C) Cooperation.--The Secretary shall cooperate 
                with the Commission in the study, including providing 
                the Commission with such nonconfidential data and 
                information as necessary for conducting and completing 
                the study.
            (6) Administrative support services.--Upon the request of 
        the Commission, the Secretary shall provide to the Commission, 
        on a reimbursable basis, the administrative support and 
        services necessary for the Commission to carry out its 
        responsibilities under this subsection.
            (7) Report and recommendations.--Not later than September 
        30, 2005, the Commission shall transmit to the appropriate 
        committees of Congress a final report regarding the results of 
        the study under paragraph (2) and recommendations to address 
        the needs identified in such study.
            (8) Termination.--The Commission shall terminate on the 
        180th day after the date of transmittal of the report under 
        paragraph (7). All records and papers of the Commission shall 
        thereupon be delivered to the Administrator of General Services 
        for deposit in the National Archives.
            (9) Authorization of appropriations.--There is authorized 
        to be appropriated from the Highway Trust Fund (other than the 
        Mass Transit Account) $1,000,000 in fiscal year 2004 to carry 
        out this subsection.
            (10) Applicability of title 23.--Funds made available to 
        carry out 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 Federal 
        share of the cost of the study under paragraph (2) and other 
        costs of the Commission under this subsection shall be 100 
        percent and such funds shall remain available until expended.

SEC. 1203. 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 Nation's major highways 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) National Steering Committee.--
            (1) In general.--The Secretary shall establish a national 
        steering committee to assist in the development of data 
        exchange formats under subsection (c).
            (2) Representatives.--The national steering committee shall 
        consist of representatives of State transportation departments, 
        metropolitan planning organizations, local governments, 
        nonprofit entities, the private sector, and academia.
            (3) Purpose.--The purpose of the national steering 
        committee shall be to provide guidance regarding the content 
        and uniformity of data exchange formats.
    (c) Data Exchange Formats.--Not later than 2 years after the date 
of enactment of this Act, the Secretary shall establish data exchange 
formats based on recommendations of the steering committee established 
under subsection (b) 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.
    (d) 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 
        (c) to ensure that the data provided by highway and transit 
        monitoring systems may readily be exchanged with State and 
        local governments and the traveling public.
    (e) 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 related to the planning and deployment of real-time 
monitoring elements that advance the goals and purposes described in 
subsection (a).
    (f) 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.
    (g) 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.

SEC. 1204. EXPEDITED NATIONAL INTELLIGENT TRANSPORTATION SYSTEMS 
              DEPLOYMENT PROGRAM.

    (a) Establishment.--The Secretary shall establish a comprehensive 
program to accelerate the integration, interoperability, and deployment 
of intelligent transportation systems in order to improve the 
performance of the surface transportation system in metropolitan and 
rural areas.
    (b) Selection of Model Projects.--Under the program, the Secretary 
may make grants, through competitive solicitation, for projects that 
will serve as models to improve transportation efficiency, promote 
surface transportation safety (including safe freight movement), 
increase traffic flow (including the flow of intermodal travel at ports 
of entry), reduce emissions of air pollutants, improve traveler 
information, enhance alternative transportation modes, build on 
existing intelligent transportation system projects, and promote 
tourism.
    (c) Other Projects, Programs, and Activities.--Under the program, 
the Secretary may make grants for projects, programss and activities in 
metropolitan and rural areas that--
            (1) contribute to national deployment goals and objectives 
        outlined in the national intelligent transportation system 
        program plan;
            (2) promote cooperation among agencies, jurisdictions, and 
        the private sector, as evidenced by signed memoranda of 
        understanding that clearly define the responsibilities and 
        relations of all parties to a partnership arrangement, 
        including institutional relationships and financial agreements 
        needed to support deployment of intelligent transportation 
        systems;
            (3) encourage private sector involvement and financial 
        commitment to such deployment to the maximum extent practicable 
        through innovative financial arrangements, especially public-
        private partnerships, including arrangements that generate 
        revenue to offset public investment costs;
            (4) enhance fully integrated intelligent transportation 
        system deployment;
            (5) create technical capacity for effective operations and 
        maintenance of such systems;
            (6) improve safety, mobility, geographic and regional 
        diversity, and economic development in deployment of such 
        systems;
            (7) advance deployment of the 511 traveler information 
        program; and
            (8) advance deployment of other national systems, including 
        a statewide incident reporting system, wireless e-911 system, 
        and road weather information system.
    (d) Applicability of Title 23, United States Code.--Funds 
authorized to be appropriated under section 1101(a)(16) of this Act 
shall be available for obligation to carry out subsection (c)(7) 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 projects carried out under subsection 
(c)(7) shall be 80 percent and such funds shall remain available until 
expended.

SEC. 1205. INTELLIGENT TRANSPORTATION SYSTEMS DEPLOYMENT.

    (a) Purpose.--The purpose of this section is to ensure that a 
minimum of $3,000,000,000 of the amounts authorized to be appropriated 
for the National Highway System, Interstate maintenance, surface 
transportation, and congestion mitigation and air quality improvement 
programs for fiscal years 2004 through 2009 is utilized to expand 
deployment of intelligent transportation systems.
    (b) In General.--Chapter 1 of title 23, United States Code, is 
amended by inserting after section 149 the following:
``Sec. 150. Deployment of intelligent transportation systems
    ``(a) In General.--In each of fiscal years 2004 through 2009, each 
State shall obligate a portion of the funds apportioned to the State 
under sections 104(b)(1), 104(b)(2), 104(b)(3), and 104(b)(4) for such 
fiscal year, calculated under subsection (b), for projects described in 
subsection (c) that support deployment of intelligent transportation 
systems in the State.
    ``(b) Calculation of Amount.--The portion of a State's 
apportionments to be obligated under subsection (a) for projects 
described in subsection (c) in a fiscal year shall be determined by 
multiplying $500,000,000 by the ratio that--
            ``(1) the aggregate of amounts apportioned to the State for 
        such fiscal year under sections 104(b)(1), 104(b)(2), 
        104(b)(3), and 104(b)(4); bears to
            ``(2) the aggregate of amounts apportioned to all States 
        for such fiscal year under such sections.
    ``(c) Intelligent Transportation Systems Deployment Projects.--
Projects for which funds must be obligated under this section include 
the following:
            ``(1) Performance.--Establishment and implementation of 
        operations systems and services that improve performance in the 
        areas of traffic operations, emergency response to surface 
        transportation incidents, surface transportation incident 
        management, weather event response management by State and 
        local authorities, surface transportation network and facility 
        management, construction and work zone management, and traffic 
        flow information.
            ``(2) Networks.--Conducting activities that support the 
        creation of networks that link metropolitan and rural surface 
        transportation systems into an integrated data network, capable 
        of collecting, sharing, and archiving transportation system 
        traffic condition and performance information.
            ``(3) Safety.--Implementation of intelligent transportation 
        system technologies that improve highway safety through 
        linkages connecting the vehicle, the infrastructure, and 
        information to the driver.
            ``(4) Operation and management.--Provision of services 
        necessary to ensure the efficient operation and management of 
        intelligent transportation systems infrastructure, including 
        costs associated with communications, utilities, rent, 
        hardware, software, labor, administrative costs, training, and 
        technical services.
            ``(5) Interagency support.--Provision of support for 
        institutional relationships between transportation agencies, 
        police, emergency medical services, private emergency 
        operators, freight operators, and shippers.
            ``(6) Planning.--Conducting cross-jurisdictional planning 
        and deployment of regional transportation systems operations 
        and management approaches.
    ``(d) Obligation of Amounts.--In complying with the requirements of 
this section, the amounts obligated by a State for projects under 
subsection (c) that support deployment of intelligent transportation 
systems in such State under subsection (a) shall be allocated among the 
individual programs for which funds are apportioned under sections 
104(b)(1), 104(b)(2), 104(b)(3), and 104(b)(4).
    ``(e) Limitation on Statutory Construction.--Nothing in this 
section shall be construed as altering or otherwise affecting the 
applicability of the requirements of this chapter (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 
projects under this section.
    ``(f) Joint Responsibility.--Each State, each affected metropolitan 
planning organization, and the Secretary shall jointly ensure 
compliance with this section.''.
    (c) Conforming Amendment.--The analysis for such chapter is amended 
by inserting after the item relating to section 149 the following:

``150. Deployment of intelligent transportation systems.''.

SEC. 1206. ENVIRONMENTAL REVIEW OF ACTIVITIES THAT SUPPORT DEPLOYMENT 
              OF INTELLIGENT TRANSPORTATION SYSTEMS.

    [Reserved.]

SEC. 1207. ASSUMPTION OF RESPONSIBILITY FOR CERTAIN PROGRAMS AND 
              PROJECTS.

    [Reserved.]

SEC. 1208. HOV LANES.

    [Reserved.]

SEC. 1209. CONGESTION PRICING PILOT PROGRAM.

    [Reserved.]

                  Subtitle C--Mobility and Efficiency

SEC. 1301. NATIONAL CORRIDOR INFRASTRUCTURE IMPROVEMENT PROGRAM.

    [Reserved.]

SEC. 1302. 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.--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) 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 80 percent.
    (e) Definitions.--In this section, the following definitions apply:
            (1) Border region.--The term ``border region'' means any 
        portion of a border State within 20 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. 1303. FREIGHT INTERMODAL CONNECTORS.

    (a) In General.--
            (1) Establishment.--The Secretary shall establish a freight 
        intermodal connector program to improve productivity and 
        improve the efficiency of the transportation of freight, while 
        mitigating congestion in the area of freight intermodal 
        connectors.
            (2) Purposes.--The purposes of the program shall be--
                    (A) to facilitate and support intermodal freight 
                transportation initiatives at the State and local 
                levels in order to improve freight intermodal 
                connectors and mitigate the impact of congestion in the 
                area of such connectors; and
                    (B) to provide capital funding to address 
                infrastructure and freight operational needs at freight 
                intermodal connectors.
    (b) State Responsibilities.--Under the program, each State shall 
ensure that intermodal freight transportation and trade facilitation 
and are adequately addressed integrated into the project development 
process, including transportation planning, through final design and 
construction of freight related transportation projects.
    (c) Eligible Projects.--
            (1) In general.--Projects eligible for funding under this 
        section may include the construction of and improvements to 
        publicly owned freight intermodal connectors, the provision of 
        access to such connectors, and operational improvements for 
        such connectors (including capital investment for intelligent 
        transportation systems); except that a project located within 
        the boundaries of an intermodal freight facility shall only 
        include highway infrastructure modifications necessary to 
        facilitate direct intermodal access between the connector and 
        the facility.
            (2) Special rule.--If a State that does not have any 
        freight intermodal connectors within its boundaries or has only 
        freight intermodal connectors within its boundaries that are in 
        good condition and provide an adequate level of service, 
        projects within the boundaries of the State that are eligible 
        for assistance under section 103(b)(6) of title 23, United 
        States Code, relating to the National Highway System, shall be 
        eligible for funding under this section.
    (d) Priority.--Under the program, a State shall give priority to 
projects on freight intermodal connectors to the National Highway 
System as identified according to the criteria set forth in the report 
of the Department of Transportation to Congress entitled `Pulling 
Together: The NHS and its Connections to Major Intermodal Terminals'.
    (e) Apportionment.--On October 1 of each fiscal year, the Secretary 
shall apportion among the States sums made available to carry out this 
section for such fiscal year as follows:
            (1) 33.3 percent in the ratio that--
                    (A) the number of freight intermodal connectors 
                identified in the most recent Intermodal Freight 
                Connectors study of the Federal Highway Administration 
                within the boundaries of a State; bears to
                    (B) the total number of such connectors within the 
                boundaries of all the States.
            (2) 33.3 percent in the ratio that--
                    (A) the total of each State's annual contributions 
                to the Highway Trust Fund (other than the Mass Transit 
                Account) attributable to commercial motor vehicles; 
                bears to
                    (B) the total of such annual contributions by all 
                States.
            (3) 33.4 percent in the same ratios as funds are 
        apportioned for the National Highway System under clauses (i), 
        (ii), (iii), and (iv) of section 104(b)(1)(A) of title 23, 
        United States Code.
    (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 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 80 percent.
    (g) Update Report.--Not later than August 1, 2005, the Secretary 
shall publish an update to the report entitled ``Pulling Together: the 
National Highway System and its Connections to Major Intermodal 
Terminals''.
    (h) Definitions.--In this section, the following definitions apply:
            (1) Freight Intermodal Connectors.--The term ``freight 
        intermodal connector'' means the roadway that connects to an 
        intermodal freight facility that carries or will carry 
        intermodal traffic.
            (2) Intermodal freight facility.--The term ``intermodal 
        freight facility'' means a port, airport, truck-rail terminal, 
        and pipeline-truck terminal.
            (3) State.--The term ``State'' has the meaning such term 
        has in section 101(a) of title 23, United States Code.

SEC. 1304. 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 such 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 qualified entities for projects of 
national and regional significance.
    (c) Definitions.--
            (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) Qualified entity.--The term ``qualified entity'' means 
        a State as defined 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--
                    (A) $500,000,000; or
                    (B) 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 qualified entity 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 project's ability--
                            (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.
                    (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 120 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 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. 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) 
                and (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, and chapter 52 of title 49, 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.

SEC. 1305. DEDICATED TRUCK LANES.

    [Reserved.]

SEC. 1306. TRUCK PARKING FACILITIES.

    [Reserved.]

                       Subtitle D--Highway Safety

SEC. 1401. HIGHWAY SAFETY IMPROVEMENT PROGRAM.

    (a) Safety Improvement Project Defined.--Section 101(a)(30) of 
title 23, United States Code, is amended by inserting ``installs 
fluorescent, yellow-green signs at pedestrian or bicycle crossings or 
school zones,'' after ``call boxes,''.
    (b) Operation Lifesaver.--Section 104(d)(1) of such title is 
amended--
            (1) by striking ``subsection (b)(3) of this section'' and 
        inserting ``section 130(f)''; and
            (2) by striking ``$500,000'' and inserting ``$600,000''.
    (c) Railway-Highway Crossing Hazard Elimination in High Speed Rail 
Corridors.--Section 104(d)(2) of such title is amended--
            (1) in subparagraph (A)--
                    (A) by striking ``subsection (b)(3)'' and inserting 
                ``section 130(f)''; and
                    (B) by striking ``$5,250,000 of the funds made 
                available for the surface transportation program for 
                the fiscal year'' and inserting ``from the funds made 
                available for the surface transportation program 
                $7,500,000 for fiscal year 2004, $10,000,000 for fiscal 
                year 2005, $12,500,000 for fiscal year 2006, 
                $15,000,000 for fiscal year 2007, $17,500,000 for 
                fiscal year 2008, and $20,000,000 for fiscal year 
                2009''; and
            (2) in subparagraph (E)--
                    (A) by striking ``Not less than $250,000 of such 
                set-aside'' and inserting ``Of such set-aside, not less 
                than $875,000 for fiscal year 2004, $1,500,000 for 
                fiscal year 2005, $2,125,000 for fiscal year 2006, 
                $2,750,000 for fiscal year 2007, $3,375,000 for fiscal 
                year 2008, and $4,000,000 for fiscal year 2009''; and
                    (B) by striking ``per fiscal year''.
    (d) Railway-Highway Crossings.--
            (1) Funds for protective devices.--Section 130(e) of such 
        title is amended by striking ``At least \1/2\'' and inserting 
        ``For each fiscal year, at least $150,000,000''.
            (2) Apportionment.--Section 130(f) of such title is amended 
        to read as follows:
    ``(f) Apportionment.--
            ``(1) Formula.--Fifty percent of the funds authorized to be 
        appropriated to carry out this section 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 authorized to be 
        appropriated to carry out this section shall be 90 percent of 
        the cost thereof.''.
            (3) Biennial report to congress.--The third sentence of 
        section 130(g) of such title is amended by striking ``not later 
        than April 1 of each year,'' and inserting ``, not later than 
        April 1, 2005, and every 2 years thereafter,''.
            (4) Expenditure of funds.--Section 130 of such title is 
        further 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) Surface Transportation Program.--
            (1) In general.--Section 133(d) of such title is amended--
                    (A) by striking paragraph (1); and
                    (B) by redesignating paragraphs (2) through (5) as 
                paragraphs (1) through (4), respectively; and
                    (C) in paragraph (2) (as so redesignated)--
                            (i) in subparagraph (A) by striking ``80 
                        percent'' and inserting ``90 percent'';
                            (ii) in subparagraph (B) by striking 
                        ``tobe'' and inserting ``to be''; and
                            (iii) in subparagraph (D) by adding a 
                        period at the end.
            (2) Conforming amendments.--
                    (A) Section 133.--Section 133(e) is amended by 
                striking ``(d)(2)'' and inserting ``(d)(1)'' in each of 
                paragraphs (3)(B)(i), (5)(A), and (5)(B).
                    (B) Section 126.--Section 126(b) of such title is 
                amended--
                            (i) by striking ``to the last sentence of 
                        section 133(d)(1) or'';
                            (ii) by striking ``section 133(d)(3)'' and 
                        inserting ``section 133(d)(2)''; and
                            (iii) by striking ``or 133(d)(2)''.
    (f) Hazard Elimination Program.--
            (1) Purposes.--Section 152(a)(1) of such title is amended--
                    (A) by striking ``and'' after ``bicyclists,''; and
                    (B) by inserting after ``pedestrians,'' the 
                following: ``and the disabled, identify roadway safety 
                improvement needs for such locations, sections, and 
                elements,''.
            (2) Hazards.--Section 152(a)(2)(A) of such title is amended 
        by inserting ``the disabled,'' after ``pedestrians,''.
            (3) Approval of projects.--Section 152(b) of such title is 
        amended by inserting before the period at the end the 
        following: ``that reduces the likelihood of crashes involving 
        road departures, intersections, pedestrians, the disabled, 
        bicyclists, older drivers, or construction work zones''.
            (4) Expenditure of funds.--Section 152(c) of such title is 
        amended--
                    (A) in paragraph (2) by striking ``or'' at the end;
                    (B) in paragraph (3) by striking the period at the 
                end and inserting a semicolon; and
                    (C) by adding at the end the following:
            ``(4) police assistance for traffic and speed management in 
        construction work zones;
            ``(5) installation of barriers between construction work 
        zones and traffic lanes for the safety of motorists and 
        workers; and
            ``(6) compilation and analysis of data under subsections 
        (f) and (g) if the funds used for this purpose by a State do 
        not exceed 2 percent of the amount apportioned to such State to 
        carry out this section.''.
            (5) Apportionment.--Section 152(d) of such title is amended 
        to read as follows:
    ``(d) Apportionment.--
            ``(1) Formula.--Funds authorized to be appropriated to 
        carry out this section shall be apportioned to the States in 
        accordance with the formula set forth in section 104(b)(3)(A).
            ``(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 authorized to be 
        appropriated to carry out this section shall be 90 percent of 
        the cost thereof.''.
            (6) Biennial report to congress.--
                    (A) In general.--Section 152 of such title is 
                amended by adding at the end the following:
    ``(i) Biennial Report to Congress.--Not later than 2 years after 
the date of enactment of this subsection, and every 2 years thereafter, 
the Secretary shall transmit 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 program under this section. The report shall include, at a minimum, 
the following:
            ``(1) A summary of State projects completed under this 
        section categorized by the types of hazards and a statement of 
        the cost of such projects.
            ``(2) An analysis of the effectiveness of such categories 
        of projects in reducing the number and severity of crashes at 
        high hazard locations.
            ``(3) An assessment of the adequacy of authorized funding 
        for the program and State use of such funding to address the 
        national need for such projects.
            ``(4) Recommendations for funding and program improvements 
        to reduce the number of high hazard locations.
            ``(5) An analysis and evaluation of each State program, an 
        identification of any State found not to be in compliance with 
        the schedule of improvements required by subsection (a), and 
        recommendations for future implementation of the hazard 
        elimination program.''.
                    (B) Conforming amendment.--Section 152(g) of such 
                title is amended by striking the third sentence through 
                the last sentence.

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. Such regulations may also require 
such other worker-safety measures for workers with those duties as the 
Secretary determines appropriate.

SEC. 1403. HIGH RISK RURAL ROAD SAFETY IMPROVEMENT PROGRAM.

    (a) Establishment.--The Secretary shall establish and implement a 
high risk rural road safety improvement program in accordance with this 
section.
    (b) Eligible Projects.--
            (1) In general.--Except as provided in paragraph (2), a 
        State may obligate funds apportioned to it under this section 
        only for construction and operational improvement projects on 
        high risk rural roads and only if the primary purpose of the 
        project is to improve highway safety on a high risk rural road.
            (2) Special Rule.--A State may use funds apportioned to it 
        under this section for any project approved by the Secretary 
        under section 152 of title 23, United States Code, if the State 
        certifies to the Secretary that it has no projects described in 
        paragraph (1).
    (c) State Allocation System.--Each State shall establish a system 
for allocating funds apportioned to it under this section among 
projects eligible for assistance under this section that have the 
highest benefits to highway safety. Such system may include a safety 
management system established by the State under section 303 of title 
23, United States Code, or a survey established pursuant to section 
152(a) of such title.
    (d) Apportionment of Funds.--On October 1 of each fiscal year, the 
Secretary shall apportion among States sums authorized to be 
appropriated to carry out this section for such fiscal year as follows:
            (1) \1/3\ in the ratio that--
                    (A) each State's public road lane mileage for rural 
                minor collectors and rural local roads; bears to
                    (B) the total public road lane mileage for rural 
                minor collectors and rural local roads of all States.
            (2) \1/3\ in the ratio that--
                    (A) the population of areas other than urbanized 
                areas in each State, as shown by the most recent 
                Government decennial census of population; bears to
                    (B) the population of all areas other than 
                urbanized areas in the United States, as shown by that 
                census.
            (3) \1/3\ in the ratio that--
                    (A) the total vehicle miles traveled on public 
                roads in each State; bears to
                    (B) the total number of vehicle miles traveled on 
                public roads in all States.
    (e) 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 80 percent. Notwithstanding any other 
provision of law, projects assisted under this section shall be treated 
as projects on a Federal-aid system under such chapter.
    (f) 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 these functional classes of roadway; or
                    (B) which 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 these functional classes of 
                roadway.
            (2) State and urbanized area.--The terms ``State'' and 
        ``urbanized area'' have the meaning such terms have under 
        section 101(a) of title 23, United States Code.

SEC. 1404. TRANSFERS OF APPORTIONMENTS TO SAFETY PROGRAMS.

    (a) Use of Safety Belts and Motorcycle Helmets.--Section 153(h) of 
title 23, United States Code, is amended--
            (1) in paragraph (2)--
                    (A) in the paragraph heading by striking 
                ``Thereafter.--'' and inserting ``Fiscal years 1995-
                2003.--''; and
                    (B) by inserting ``and ending before October 1, 
                2003,'' after ``September 30, 1994,'';
            (2) by redesignating paragraphs (3) through (5) as 
        paragraphs (4) through (6), respectively;
            (3) by inserting after paragraph (2) the following:
            ``(3) Fiscal year 2004 and thereafter.--On October 1, 2003, 
        and each October 1 thereafter, if a State does not have in 
        effect a law described in subsection (a)(2), the Secretary 
        shall transfer from the funds apportioned to the State on that 
        date under each of subsections (b)(1), (b)(2), and (b)(3) of 
        section 104 to the apportionment of the State under section 402 
        an amount equal to 3 percent of the funds apportioned to the 
        State under such subsections for fiscal year 2003.''; and
            (4) in paragraph (5) (as so redesignated)--
                    (A) by striking ``which is determined by 
                multiplying'' and inserting ``which, for fiscal year 
                2004 and each fiscal year thereafter, is determined by 
                multiplying''; and
                    (B) in subparagraph (B) by striking ``such fiscal 
                year'' each place it appears and inserting ``fiscal 
                year 2003''.
    (b) Open Container Requirements.--Section 154(c) of title 23, 
United States Code, is amended--
            (1) in paragraph (2)--
                    (A) in the paragraph heading by striking ``and 
                fiscal years thereafter''; and
                    (B) by striking ``and each October 1 thereafter,'';
            (2) by redesignating paragraphs (3) through (7) as 
        paragraphs (4) through (8), respectively;
            (3) by inserting after paragraph (2) the following:
            ``(3) Fiscal year 2004 and thereafter.--On October 1, 2003, 
        and each October 1 thereafter, if a State has not enacted or is 
        not enforcing an open container law described in subsection 
        (b), the Secretary shall transfer from the funds apportioned to 
        the State on that date under each of paragraphs (1), (3), and 
        (4) of section 104(b) an amount equal to 3 percent of the funds 
        apportioned to the State under such paragraphs for fiscal year 
        2003 to be used or directed as described in subparagraph (A) or 
        (B) of paragraph (1).'';
            (4) in paragraph (5) (as so redesignated) by striking 
        ``paragraph (3)'' and inserting ``paragraph (4)'';
            (5) in paragraphs (4), (5), and (6) (as so redesignated) by 
        striking ``paragraph (1) or (2)'' and inserting ``paragraph 
        (1), (2), or (3)''; and
            (6) in paragraph (7)(B) (as so redesignated)--
                    (A) by striking ``The amount'' and inserting ``For 
                fiscal year 2004 and each fiscal year thereafter, the 
                amount''; and
                    (B) in subclauses (I) and (II) of clause (ii) by 
                striking ``the fiscal year'' and inserting ``fiscal 
                year 2003''.
    (c) Minimum Penalties for Certain Repeat Offenders.--Section 164(b) 
of title 23, United States Code, is amended--
            (1) in paragraph (2)--
                    (A) in the paragraph heading by striking ``and 
                fiscal years thereafter''; and
                    (B) by striking ``and each October 1 thereafter,'';
            (2) by redesignating paragraphs (3) through (7) as 
        paragraphs (4) through (8), respectively;
            (3) by inserting after paragraph (2) the following:
            ``(3) Fiscal year 2004 and thereafter.--On October 1, 2003, 
        and each October 1 thereafter, if a State has not enacted or is 
        not enforcing a repeat intoxicated driver law, the Secretary 
        shall transfer from the funds apportioned to the State on that 
        date under each of paragraphs (1), (3), and (4) of section 
        104(b) an amount equal to 3 percent of the funds apportioned to 
        the State under such paragraphs for fiscal year 2003 to be used 
        or directed as described in subparagraph (A) or (B) of 
        paragraph (1).'';
            (4) in paragraph (5) (as so redesignated) by striking 
        ``paragraph (3)'' and inserting ``paragraph (4)'';
            (5) in paragraphs (4), (5), and (6) (as so redesignated) by 
        striking ``paragraph (1) or (2)'' and inserting ``paragraph 
        (1), (2), or (3)''; and
            (6) in paragraph (7)(B) (as so redesignated)--
                    (A) by striking ``The amount'' and inserting ``For 
                fiscal year 2004 and each fiscal year thereafter, the 
                amount''; and
                    (B) in subclauses (I) and (II) of clause (ii) by 
                striking ``the fiscal year'' and inserting ``fiscal 
                year 2003''.

SEC. 1405. 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) Repeal.--Section 351 of the Department of Transportation and 
Related Agencies Appropriations Act, 2001 (114 Stat. 1356A-34) is 
repealed.

           Subtitle E--Construction and Contract Efficiencies

SEC. 1501. DESIGN-BUILD.

    [Reserved.]

SEC. 1502. WARRANTY HIGHWAYS.

    [Reserved.]

SEC. 1503. PUBLIC-PRIVATE VENTURE.

    [Reserved.]

SEC. 1504. 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 12 
                months 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 $15,000,000, 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 2004 
        through 2009, the Secretary shall approve at least one 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.
    (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.--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 under section 101(a) of title 23, United States 
Code.

SEC. 1505. UNIT BID PRICING.

    [Reserved.]

                          Subtitle F--Finance

SEC. 1601. TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION ACT.

    (a) Definitions.--Section 181 of title 23, United States Code, is 
amended--
            (1) in paragraph (3)--
                    (A) by striking ``category''; and
                    (B) by striking ``offered into the capital 
                markets'';
            (2) by striking paragraph (7);
            (3) by redesignating paragraphs (8) through (15) as 
        paragraphs (7) through (14), respectively; and
            (4) in paragraph (10) (as so redesignated) 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, a 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)(B) by striking ``$30,000,000'' and 
        inseting ``$15,000,000''; and
            (4) 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 each of subparagraphs (A) and (B) by 
                inserting ``of any project selected under section 602'' 
                after ``costs''; and
                    (B) by striking the semicolon at the end of 
                subparagraph (B) and all that follows through ``under 
                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) by inserting ``the lesser of'' 
                after ``exceed'';
                    (B) in paragraph (2) by inserting ``or the amount 
                of the senior project obligations'' after ``costs'';
                    (C) in paragraph (3)(A)(i) by inserting ``that also 
                secure the senior project obligations'' after 
                ``sources''; and
                    (D) in paragraph (4) by striking ``marketable''.
            (4) Repayment.--Section 183(c) is amended--
                    (A) by striking paragraph (3); and
                    (B) by redesignating paragraphs (4) and (5) as 
                paragraphs (3) and (4), respectively.
    (e) Lines of Credit.--
            (1) Terms and limitations.--Section 184(b) of such title is 
        amended--
                    (A) in paragraph (3)--
                            (i) by striking the first comma; and
                            (ii) by striking ``any debt service reserve 
                        fund, and any other available reserve'' and 
                        inserting ``but not including reasonably 
                        required financing reserves'';
                    (B) in paragraph (4)--
                            (i) by striking ``marketable'';
                            (ii) by striking ``on which'' and inserting 
                        ``of execution of'';
                            (iii) by striking ``is obligated'' and 
                        inserting ``agreement''; and
                    (C) in paragraph (5)(A)(i) by inserting ``that also 
                secure the senior project obligations'' after 
                ``sources''; and
            (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'';
                            (iii) by striking ``be fully repaid, with 
                        interest,'' and inserting ``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 instrument made available under this 
chapter.
    ``(b) Fees.--The Secretary may establish fees at a level to cover 
all or a portion of the costs to the Federal Government of servicing 
the Federal credit instrument.
    ``(c) Servicer.--The Secretary may identify a financial entity to 
assist the Secretary in servicing a Federal credit instrument. The 
servicer--
            ``(1) shall act as the agent for the Secretary; and
            ``(2) shall receive a servicing fee, subject to approval by 
        the Secretary.
    ``(d) Assistance From Expert Firms.--The Secretary may retain the 
services of one or more 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 are authorized to be appropriated 
        from the Highway Trust Fund (other than the Mass Transit 
        Account) $150,000,000 for each of fiscal years 2004 through 
        2009 to carry out this chapter.
            ``(2) Administrative costs.--From funds made available 
        under paragraph (1), the Secretary may use, for the 
        administration of this subchapter, not more than $3,000,000 for 
        each of fiscal years 2004 through 2009.
            ``(3) Availability.--Amounts made available under paragraph 
        (1) shall remain available until expended.
    ``(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 chapter shall be 
        deemed to be acceptance by the United States of a contractual 
        obligation to fund the Federal credit instrument.
            ``(2) Availability.--Amounts authorized under this section 
        for a fiscal year shall be available for obligation on October 
        1 of the fiscal year.
    ``(c) Limitations on Credit Amounts.--For each of fiscal years 2004 
through 2009, principal amounts of Federal credit instruments made 
available under this chapter shall be limited to $2,600,000,000.''.

SEC. 1602. STATE INFRASTRUCTURE BANKS.

    (a) In General.--Section 189 of title 23, United States Code, is 
amended to read as follows:
``Sec. 189. 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, United 
        States Code.
            ``(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 of this title.
            ``(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.--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 multi-
State infrastructure bank in accordance with this section, to enter 
into an interstate compact establishing such bank in accordance with 
this section.
    ``(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 2004 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 2004 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 2004 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 related 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 2004 
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 further 
        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 ``(a) Definitions.--In this chapter'';
                    (C) in paragraph (5) by striking ``184'' and 
                inserting ``604''; and
                    (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 further amended by inserting ``and chapter 1'' after ``this 
        chapter''.
            (3) Section 183.--Section 183(a) of such title is further 
        amended--
                    (A) in paragraph (1) by striking ``182'' and 
                inserting ``602''; and
                    (B) in paragraph (3) by striking ``182(b)(2)(B)'' 
                and inserting ``602(b)(2)(B)''.
            (4) Section 184.--Section 184 of such title is further 
        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 ``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. 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 and Finance...............................        601

SEC. 1603. INTERSTATE SYSTEM RECONSTRUCTION AND REHABILITATION PILOT 
              PROGRAM.

    [Reserved.]

                   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 by striking ``1602 of the 
Transportation Equity Act for the 21st Century'' and inserting ``1701 
of the Transportation Equity Act: A Legacy for Users''.
    (b) Allocation Percentages.--Section 117(b) of such title is 
amended by striking paragraphs (1) through (6) and inserting the 
following:
            ``(1) 13 percent of such amount shall be available for 
        obligation beginning in fiscal year 2004;
            ``(2) 14.3 percent of such amount shall be available for 
        obligation beginning in fiscal year 2005;
            ``(3) 15.7 percent of such amount shall be available for 
        obligation beginning in fiscal year 2006;
            ``(4) 17.2 percent of such amount shall be available for 
        obligation beginning in fiscal year 2007;
            ``(5) 18.9 percent of such amount shall be available for 
        obligation beginning in fiscal year 2008; and
            ``(6) 20.9 percent of such amount shall be available for 
        obligation beginning in fiscal year 2009.''.
    (c) Federal Share.--Section 117(c) of such title is amended by 
striking ``; except'' and all that follows through ``cost thereof''.
    (d) Advance Construction.--Section 117(e) of such title is amended 
by striking ``1602 of the Transportation Equity Act for the 21st 
Century'' each place it appears and inserting ``1701 of the 
Transportation Equity Act: A Legacy for Users''.
    (e) Availability of Obligation Limitation.--Section 117(g) of such 
title is amended by striking ``Transportation Equity Act for the 21st 
Century'' and inserting ``Transportation Equity Act: A Legacy for 
Users''.

                        TITLE II--HIGHWAY SAFETY

SEC. 2001. AUTHORIZATIONS 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, $245,000,000 for fiscal year 
        2004, $250,000,000 for fiscal year 2005, $255,000,000 for 
        fiscal year 2006, $260,000,000 for fiscal year 2007, 
        $265,000,000 for fiscal year 2008, and $270,000,000 for fiscal 
        year 2009.
            (2) Highway safety research and development.--For carrying 
        out section 403 of title 23, United States Code, $91,000,000 
        for each of fiscal years 2004 through 2009.
            (3) Occupant protection incentive grants.--For carrying out 
        section 405 of title 23, United States Code, $140,000,000 for 
        fiscal year 2004, $145,000,000 for fiscal year 2005, 
        $150,000,000 for fiscal year 2006, $155,000,000 for fiscal year 
        2007, $160,000,000 for fiscal year 2008, and $165,000,000 for 
        fiscal year 2009.
            (4) Alcohol-impaired driving countermeasures incentive 
        grant program.--For carrying out section 410 of title 23, 
        United States Code, $135,000,000 for fiscal year 2004, 
        $140,000,000 for fiscal year 2005, $145,000,000 for fiscal year 
        2006, $150,000,000 for fiscal year 2007, $155,000,000 for 
        fiscal year 2008, and $160,000,000 for fiscal year 2009.
            (5) State traffic safety information improvements.--For 
        carrying out section 412 of title 23, United States Code, 
        $25,000,000 for fiscal year 2004, $30,000,000 for fiscal year 
        2005, $35,000,000 for fiscal year 2006, $40,000,000 for fiscal 
        year 2007, $45,000,000 for fiscal year 2008, and $50,000,000 
        for fiscal year 2009.
            (6) National driver register.--For carrying out chapter 303 
        of title 49, United States Code, by the National Highway 
        Traffic Safety Administration, $4,000,000 for each of fiscal 
        years 2004 through 2009.
            (7) High visibility enforcement program.--For carrying out 
        section 2005 of this title, $10,000,000 for each of fiscal 
        years 2004 through 2009.
    (b) Applicability of Title 23.--Amounts made available under 
subsection (a) for each of fiscal years 2004 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.
    (c) Transfers.--In each fiscal year, the Secretary may transfer any 
amounts remaining available under paragraph (3), (4), or (5) 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, 410, and 412 of title 23, United States 
Code.

SEC. 2002. 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 ``Transportation 
        Equity Act: A Legacy for Users'';
            (2) in paragraph (3) by striking ``1997'' and inserting 
        ``2003''; and
            (3) in paragraphs (4)(A), (4)(B), and (4)(C) by inserting 
        after ``years'' the following: ``beginning after September 30, 
        2003,''.
    (b) Grant Eligibility.--Section 405(b) of title 23, United States 
Code, is amended by striking ``A State shall become eligible'' and 
inserting the following: ``A State shall be eligible for a grant under 
this section if the State has a seat belt usage rate of 85 percent or 
greater as of the date of the grant, as determined by the Secretary. A 
State may also become eligible''.
    (c) Grant Amounts.--Section 405(c) of title 23, United States Code, 
is amended--
            (1) by striking ``25 percent'' and inserting ``100 
        percent''; and
            (2) by striking ``1997'' and inserting ``2003''.

SEC. 2003. ALCOHOL-IMPAIRED DRIVING COUNTERMEASURES.

    (a) General Authority.--Section 410(a) of title 23, United States 
Code, is amended--
            (1) in paragraph (2) by striking ``Transportation Equity 
        Act for the 21st Century'' and inserting ``Transportation 
        Equity Act: A Legacy for Users'';
            (2) in paragraph (3) by striking ``1997'' and inserting 
        ``2003''; and
            (3) in paragraphs (4)(A), (4)(B), and (4)(C) by inserting 
        after ``years'' the following: ``beginning after September 30, 
        2003,''.
    (b) Basic Grant A.--Section 410(b)(1) of title 23, United States 
Code, is amended--
            (1) by striking ``A State shall become eligible'' and 
        inserting the following: ``A State shall be eligible for a 
        grant under this paragraph if the State has an alcohol-related 
        fatality rate per 100,000,000 vehicle miles traveled of 0.5 or 
        less as of the date of the grant, as determined by the 
        Secretary using the Fatality Analysis Reporting System of the 
        National Highway Traffic Safety Administration. A State may 
        also become eligible'';
            (2) by striking ``at least 5 of'' and inserting ``at least 
        6 of'';
            (3) in subparagraph (A) is amended--
                    (A) by striking ``and'' at the end of clause 
                (i)(II);
                    (B) by striking the period at the end of clause 
                (ii) and inserting ``; and''; and
                    (C) by adding at the end the following:
                            ``(iii) the suspension and revocation 
                        referred to under clause (i) may allow an 
                        individual to operate a motor vehicle to and 
                        from employment or in pursuit of employment if 
                        an ignition interlock device is installed on 
                        each of the motor vehicles owned or operated, 
                        or both, by the individual.'';
            (4) by striking subparagraph (F) and inserting the 
        following:
                    ``(F) Outreach program.--A judicial and 
                prosecutorial education, training, and outreach program 
                that provides information on the appropriateness and 
                effectiveness of sentencing options.''; and
            (5) by adding at the end the following:
                    ``(H) Self-sustaining drunk driving prevention 
                program.--A self-sustaining drunk driving prevention 
                program under which a significant portion of the fines 
                or surcharges collected from individuals apprehended 
                and fined for operating a motor vehicle while under the 
                influence of alcohol are returned to those communities 
                that have comprehensive programs for the prevention of 
                such operations of motor vehicles.
                    ``(I) Programs for effective alcohol 
                rehabilitation.--A program for effective inpatient and 
                outpatient alcohol rehabilitation based on mandatory 
                assessment and appropriate treatment for repeat 
                offenders described in subparagraph (A)(i)(II).''.
    (c) Basic Grant B.--Section 410(b) of title 23, United States Code, 
is amended--
            (1) by striking paragraph (2) and inserting the following:
            ``(2) Basic grant b.--A State shall become eligible for a 
        grant under this paragraph if the State--
                    ``(A) has an alcohol-related fatality rate per 
                100,000,000 vehicle miles traveled of 0.8 or more as of 
                the date of the grant, as determined by the Secretary 
                using the Fatality Analysis Reporting System of the 
                National Highway Traffic Safety Administration; and
                    ``(B) establishes, subject to such requirements as 
                the Secretary may prescribe, a task force to evaluate 
                and recommend changes to the State's drunk driving 
                programs.''; and
            (2) in paragraph (3)--
                    (A) by striking ``25 percent'' and inserting ``100 
                percent''; and
                    (B) by striking ``1997'' and inserting ``2003''.
    (d) Supplemental Grants.--Section 410(c) of title 23, United States 
Code, is amended to read as follows:
    ``(c) Allocation for Basic Grants B.--Not more than $20,000,000 per 
fiscal year of amounts made available to carry out this section shall 
be available for making grants under subsection (b)(2).''.

SEC. 2004. STATE TRAFFIC SAFETY INFORMATION SYSTEM IMPROVEMENTS.

    (a) In General.--Chapter 4 of title 23, United States Code, is 
amended by adding at the end the following:
``Sec. 412. State traffic safety information system improvements
    ``(a) General Authority.--
            ``(1) 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--
                    ``(A) 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;
                    ``(B) evaluate the effectiveness of efforts to make 
                such improvements;
                    ``(C) link these State data systems, including 
                traffic records, with other data systems within the 
                State, such as systems that contain medical, roadway, 
                and economic data; and
                    ``(D) 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.
            ``(2) Use of grants.--A State may use a grant received 
        under this section only to implement such programs.
            ``(3) Model data elements.--The Secretary, in consultation 
        with States and other appropriate parties, shall determine the 
        model data elements necessary to observe and analyze State and 
        national trends in crash occurrences, rates, outcomes, and 
        circumstances. In order to become eligible for a grant under 
        this section, a State shall certify to the Secretary the 
        State's adoption and use of such model data elements.
            ``(4) 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 ensuring 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 in 
        the 2 fiscal years preceding the date of enactment of this 
        section.
            ``(5) Federal share.--The Federal share of the cost of 
        implementing in a fiscal year a program of a State pursuant to 
        paragraph (1) shall not exceed 80 percent.
    ``(b) First-Year Grants.--To be eligible for a first-year grant 
under this section, 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 that addresses existing 
        deficiencies in the State's highway safety data and traffic 
        records system and is approved by the highway safety data and 
        traffic records coordinating committee and--
                    ``(A) specifies how existing deficiencies in the 
                State's highway safety data and traffic records system 
                were identified;
                    ``(B) prioritizes, based on the identified highway 
                safety data and traffic records system deficiencies, 
                the highway safety data and traffic records system 
                needs and goals of the State, including the activities 
                described in subsection (a)(1);
                    ``(C) identifies performance-based measures by 
                which progress toward those goals will be determined;
                    ``(D) specifies how the grant funds and any other 
                funds of the State will be used to address needs and 
                goals identified in the multiyear plan; and
                    ``(E) includes a current report on the progress in 
                implementing the multiyear plan that documents progress 
                toward the specified goals.
    ``(c) Succeeding-Year Grants.--
            ``(1) Eligibility.--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, to the satisfaction of the 
        Secretary--
                    ``(A) submits an updated multiyear plan that meets 
                the requirements of subsection (b)(2);
                    ``(B) certifies that its highway safety data and 
                traffic records coordinating committee continues to 
                operate and supports the multiyear plan;
                    ``(C) specifies how the grant funds and any other 
                funds of the State will be used to address needs and 
                goals identified in the multiyear plan;
                    ``(D) demonstrates measurable progress toward 
                achieving the goals and objectives identified in the 
                multiyear plan; and
                    ``(E) includes a current report on the progress in 
                implementing the multiyear plan.
    ``(d) Grant Amounts.--
            ``(1) In general.--The amount of a grant made to a State 
        for a fiscal year under this section shall equal an 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 section 402 
                for fiscal year 2003.
            ``(2) Minimum amount.--Notwithstanding subparagraph (A)--
                    ``(A) a State eligible for a first-year grant under 
                this section shall not receive less than $300,000; and
                    (B) a State eligible for a succeeding-year grant 
                under this section shall not receive less than 
                $500,000.
    ``(e) Administrative Expenses.--Funds authorized to be appropriated 
to carry out this section in a fiscal year shall be subject to a 
deduction not to exceed 5 percent for the necessary costs of 
administering the provisions of this section.
    ``(f) Applicability of Chapter 1.--The provisions contained in 
section 402(d) shall apply to this section.''.
    (b) Conforming Amendment.--The analysis for chapter 4 of title 23, 
United States Code, is amended by adding at the end the following:

``412. State traffic safety information system improvements.''.

SEC. 2005. HIGH VISIBILITY ENFORCEMENT PROGRAM.

    The Secretary shall establish a program to support national 
impaired driving mobilization and enforcement efforts and national 
safety belt mobilization and enforcement, including the purchase of 
national paid advertisement (including production and placement) to 
support such efforts.

SEC. 2006. MOTORCYCLE CRASH CAUSATION STUDY.

    (a) In General.--Using funds made available to carry out section 
403 of title 23, United States Code, the Secretary shall conduct a 
study of the causes of motorcycle crashes.
    (b) Report.--Not later than 3 years after the date of enactment of 
this Act, the Secretary shall transmit to Congress a report on the 
results of the study.

SEC. 2007. CHILD SAFETY AND BOOSTER SEATS.

    [Reserved.]

           TITLE III--FEDERAL TRANSIT ADMINISTRATION PROGRAMS

SEC. 3001. SHORT TITLE; AMENDMENTS TO TITLE 49, UNITED STATES CODE.

    (a) Short Title.--This title may be cited as the ``Federal Public 
Transportation Act of 2004''.
    (b) Amendments to Title 49, United States Code.--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.

SEC. 3002. 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 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) 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''.
    (c) 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. 3003. 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 stations and 
        terminals,'' before ``and the renovation and improvement of 
        historic transportation facilities,'';
            (2) in subparagraph (G)(ii) by inserting ``(other than a 
        intercity bus station or terminal)'' after ``commercial 
        revenue-producing facility'';
            (3) by striking ``or'' at the end of subparagraph (H);
            (4) by striking the period at the end of subparagraph (I) 
        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 
                        subclauses (III) and (IV);
                    ``(K) establishment of a debt service reserve made 
                up of deposits with a bondholders' trustee in a 
                noninterest bearing account for the purpose of ensuring 
                timely payment of principal and interest on bonds 
                issued by a grant recipient for purposes of financing 
                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) 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 sightseeing transportation.''.
    (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 at least 50,000 people that 
        has been defined and designated in the latest decennial census 
        as an urbanized area by the Secretary of Commerce.''.
    (g) Authority To Modify Definition.--Section 5302(b) is amended--
            (1) by striking ``Handicapped Individual'' and inserting 
        ``Individual With a Disability''; and
            (2) by striking ``handicapped individual'' and inserting 
        ``individual with a disability''.

SEC. 3004. METROPOLITAN PLANNING.

    Section 5303 is amended to read as follows:
``Sec. 5303. Metropolitan planning
    ``(a) In General.--Grants made under sections 5307, 5308, 5309, 
5310, 5311, 5316, and 5317 shall be carried out in accordance with the 
metropolitan planning provisions of chapter 52.
    ``(b) Certification.--
            ``(1) In general.--The Secretary shall ensure and certify 
        that each metropolitan planning organization in each 
        transportation management area is carrying out its 
        responsibilities under applicable laws of the United States. 
        The Secretary may make the certification only if the 
        organization is complying with chapter 52 and other applicable 
        requirements of laws of the United States and the organization 
        and chief executive officer have approved a transportation 
        improvement program for the area.
            ``(2) Limitation on withholding certification.--The 
        Secretary may not withhold certification based on the policies 
        and criteria a metropolitan planning organization or mass 
        transportation grant recipient establishes under section 
        5306(a) for deciding the feasibility of private enterprise 
        participation.''.

SEC. 3005. STATEWIDE PLANNING.

    (a) In General.--Section 5304 is amended to read as follows:
``Sec. 5304. Statewide planning
    ``Grants made under sections 5307, 5308, 5309, 5310, 5311, 5316, 
and 5317 shall be carried out in accordance with the statewide planning 
provisions of chapter 52.''.
    (b) Conforming Amendment.--The analysis for chapter 53 is amended 
by striking the item relating to section 5304 and inserting the 
following:

``5304. Statewide planning.''.

SEC. 3006. 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) Assistance.--Under criteria to be established by the 
        Secretary, the Secretary may provide assistance for--
                    ``(A) the development of transportation plans and 
                programs;
                    ``(B) planning, engineering, designing, and 
                evaluating a public transportation project; and
                    ``(C) for other technical studies.
            ``(2) Grants, agreements, and contracts.--The Secretary may 
        provide assistance under paragraph (1)--
                    ``(A) by making grants to States, authorities of 
                States, metropolitan planning organizations, and local 
                governmental authorities; or
                    ``(B) by making agreements with other departments, 
                agencies, and instrumentalities of the Government.
            ``(3) Eligible activities.--Activities eligible for 
        assistance 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 and 5304 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 promptly after 
        allocation 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 
                sections 5303 through 5306, 5312, 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 2004 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 
in a State shall remain available for obligation in that State for a 
period of 3 years after the last day of the fiscal year for which the 
funds are authorized. Any amounts so apportioned that remain 
unobligated at the end of that period shall be reapportioned among the 
States.''.
    (b) Conforming Amendment.--The analysis for chapter 53 is amended 
by striking the item relating to section 5305 and inserting the 
following:

``5305. Planning programs.''.

SEC. 3007. PRIVATE ENTERPRISE PARTICIPATION.

    (a) Section Heading.--Section 5306 is amended by striking the 
section heading and inserting the following:
``Sec. 5306. Private enterprise participation in planning; relationship 
              to other limitations''.
    (b) Conforming Amendment.--The analysis for chapter 53 is amended 
by striking the item relating to section 5306 and inserting the 
following:

``5306. Private enterprise participation in planning; relationship to 
                            other limitations.''.

SEC. 3008. URBANIZED AREA FORMULA GRANTS.

    (a) Technical Amendments.--Section 5307 is amended--
            (1) by striking subsections (h) and (k); and
            (2) by redesignating subsections (i), (j), (l), (m), and 
        (n) as subsections (h), (i), (j), (k), and (l), respectively.
    (b) Definitions.--Section 5307(a)(2)(A) is amended--
            (1) by striking by striking ``a person'' and inserting ``an 
        entity''; and
            (2) by striking ``section 5305(a) of this title'' and 
        inserting ``chapter 52''.
    (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; and
                    ``(D) operating costs of equipment and facilities 
                for use in public transportation in an urbanized area 
                with a population of less than 200,000.'';
            (2) in the heading to paragraph (2) by striking ``fiscal 
        year 2003 and for the period of october 1, 2003, through 
        february 29, 2004'' and inserting ``fiscal years 2003 through 
        2005'';
            (3) in paragraph (2)(A) by striking ``fiscal year 2003'' 
        and all that follows through ``2004'' and inserting ``fiscal 
        years 2003, 2004, and 2005,'';
            (4) in paragraph (3) by striking ``section 5305(a) of this 
        title'' and inserting ``chapter 52''; and
            (5) in paragraph (3)(A) by striking ``section 5305 of this 
        title'' and inserting ``chapter 52''.
    (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 (H) by striking ``sections 5301(a) and 
        (d), 5303-5306, and 5310(a)-(d) of this title'' and inserting 
        ``subsections (a) and (d) of section 5301 and sections 5303 
        through 5306'';
            (3) in subparagraph (I) by striking ``and'' at the end; and
            (4) 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 one percent of the amount 
                        the recipient receives each fiscal year under 
                        this section for projects 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) Remainder.--The remainder of the net project cost 
        shall be provided--
                    ``(A) in cash from sources other than amounts of 
                the Government or revenues from providing public 
                transportation (excluding revenues derived from the 
                sale of advertising and concessions);
                    ``(B) from an undistributed cash surplus, a 
                replacement or depreciation cash fund or reserve, or 
                new capital; and
                    ``(C) from amounts received under a service 
                agreement with a State or local social service agency 
                or private social service organization.''.
    (f) Reviews, Audits, and Evaluations.--Section 5307(h)(1)(A) (as 
redesignated by subsection (a) of this section) is amended by striking 
``shall'' and inserting ``may''.
    (g) Relationship to Other Laws.--Section 5307(l) (as redesignated 
by subsection (a) of this section) is amended--
            (1) by striking paragraph (1);
            (2) by redesignating paragraph (1) as paragraph (2);
            (3) by inserting ``This chapter.--'' before ``Section 
        5302'';
            (4) by adding at the end the following:
            ``(2) Chapter 15 of 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.''; and
            (5) by aligning the left margin of paragraph (1) (as so 
        redesignated) with paragraph (2) (as added by paragraph (4) of 
        this subsection).

SEC. 3009. CLEAN FUELS FORMULA GRANT PROGRAM.

    Section 5308 is amended to read as follows:
``Sec. 5308. Clean fuels formula 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) Designated recipient.--The term `designated 
        recipient' has the meaning that term has in section 5307(a)(2).
            ``(3) Eligible project.--The term `eligible project'--
                    ``(A) means a project 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;
                            ``(iii) improving existing mass 
                        transportation facilities to accommodate clean 
                        fuel buses;
                            ``(iv) repowering pre-1993 bus engines with 
                        clean fuel technology that meets the current 
                        urban bus emission standards; or
                            ``(v) retrofitting or rebuilding pre-1993 
                        bus engines if before half life to rebuild; and
                    ``(B) in the discretion of the Secretary, may 
                include projects 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.
    ``(b) Authority.--The Secretary shall make grants in accordance 
with this section to designated recipients to finance eligible 
projects.
    ``(c) Application.--
            ``(1) In general.--Not later than January 1 of each year, 
        any designated recipient seeking to apply for a grant under 
        this section for an eligible project shall submit an 
        application to the Secretary, in such form and in accordance 
        with such requirements as the Secretary shall establish by 
        regulation.
            ``(2) Certification required.--An application submitted 
        under paragraph (1) shall contain a certification by the 
        applicant that the grantee will operate buses purchased with a 
        grant under this section only with clean fuels.
    ``(d) Apportionment of Funds.--
            ``(1) Formula.--Not later than February 1 of each year, the 
        Secretary shall apportion amounts made available to carry out 
        this section to designated recipients submitting applications 
        under subsection (c), of which--
                    ``(A) two-thirds shall be apportioned to designated 
                recipients with eligible projects in urban areas with a 
                population of at least 1,000,000, of which--
                            ``(i) 50 percent shall be apportioned, such 
                        that each such designated recipient receives a 
                        grant under this section in an amount equal to 
                        the ratio that--
                                    ``(I) the number of vehicles in the 
                                bus fleet of the eligible project of 
                                the designated recipient, weighted by 
                                severity of nonattainment for the area 
                                in which the eligible project is 
                                located, as provided in paragraph (2); 
                                bears to
                                    ``(II) the total number of vehicles 
                                in the bus fleets of all eligible 
                                projects in areas with a population of 
                                at least 1,000,000 funded under this 
                                section, weighted by severity of 
                                nonattainment for all areas in which 
                                those eligible projects are located, as 
                                provided in paragraph (2); and
                            ``(ii) 50 percent shall be apportioned, 
                        such that each such designated recipient 
                        receives a grant under this section in an 
                        amount equal to the ratio that--
                                    ``(I) the number of bus passenger 
                                miles (as that term is defined in 
                                section 5336(c)) of the eligible 
                                project of the designated recipient, 
                                weighted by severity of nonattainment 
                                of the area in which the eligible 
                                project is located, as provided in 
                                paragraph (2); bears to
                                    ``(II) the total number of bus 
                                passenger miles of all eligible 
                                projects in areas with a population of 
                                at least 1,000,000 funded under this 
                                section, weighted by severity of 
                                nonattainment of all areas in which 
                                those eligible projects are located, as 
                                provided in paragraph (2); and
                    ``(B) one-third shall be apportioned to designated 
                recipients with eligible projects in urban areas with a 
                population of less than 1,000,000, of which--
                            ``(i) 50 percent shall be apportioned, such 
                        that each such designated recipient receives a 
                        grant under this section in an amount equal to 
                        the ratio that--
                                    ``(I) the number of vehicles in the 
                                bus fleet of the eligible project of 
                                the designated recipient, weighted by 
                                severity of nonattainment for the area 
                                in which the eligible project is 
                                located, as provided in paragraph (2); 
                                bears to
                                    ``(II) the total number of vehicles 
                                in the bus fleets of all eligible 
                                projects in areas with a population of 
                                less than 1,000,000 funded under this 
                                section, weighted by severity of 
                                nonattainment for all areas in which 
                                those eligible projects are located, as 
                                provided in paragraph (2); and
                            ``(ii) 50 percent shall be apportioned, 
                        such that each such designated recipient 
                        receives a grant under this section in an 
                        amount equal to the ratio that--
                                    ``(I) the number of bus passenger 
                                miles (as that term is defined in 
                                section 5336(c) of the eligible project 
                                of the designated recipient, weighted 
                                by severity of nonattainment of the 
                                area in which the eligible project is 
                                located, as provided in paragraph (2); 
                                and
                                    ``(II) the total number of bus 
                                passenger miles of all eligible 
                                projects in areas with a population of 
                                less than 1,000,000 funded under this 
                                section, weighted by severity of 
                                nonattainment of all areas in which 
                                those eligible projects are located, as 
                                provided in paragraph (2).
            ``(2) Weighting of severity of nonattainment.--
                    ``(A) In general.--For purposes of paragraph (1), 
                subject to subparagraph (B), the number of buses in the 
                bus fleet, or the number of passenger miles, shall be 
                multiplied by a factor of--
                            ``(i) 1.0 if, at the time of the 
                        apportionment, the area is a maintenance area 
                        (as that term is defined in section 101 of 
                        title 23) for ozone or carbon monoxide;
                            ``(ii) 1.1 if, at the time of the 
                        apportionment, the area is classified as a 
                        marginal ozone nonattainment area under subpart 
                        2 of part D of title I of the Clean Air Act (42 
                        U.S.C. 7511 et seq.);
                            ``(iii) 1.2 if, at the time of the 
                        apportionment, the area is classified as--
                                    ``(I) a moderate ozone 
                                nonattainment area under subpart 2 of 
                                part D of title I of the Clean Air Act 
                                (42 U.S.C. 7511 et seq.); or
                                    ``(II) a moderate carbon monoxide 
                                nonattainment area under subpart 3 of 
                                part D of title I of the Clean Air Act 
                                (42 U.S.C. 7512 et seq.);
                            ``(iv) 1.3 if, at the time of the 
                        apportionment, the area is classified as a 
                        serious ozone nonattainment area under subpart 
                        2 of part D of title I of the Clean Air Act (42 
                        U.S.C. 7511 et seq.); or
                            ``(v) 1.4 if, at the time of the 
                        apportionment, the area is classified as a 
                        severe ozone nonattainment area under subpart 2 
                        of part D of title I of the Clean Air Act (42 
                        U.S.C. 7511 et seq.); or
                            ``(vi) 1.5 if, at the time of the 
                        apportionment, the area is classified as an 
                        extreme ozone nonattainment area under subpart 
                        2 of part D of title I of the Clean Air Act (42 
                        U.S.C. 7511 et seq.).
                    ``(B) Additional adjustment for carbon monoxide 
                areas.--If, in addition to being classified as a 
                nonattainment or maintenance area (as that term is 
                defined in section 101 of title 23) for ozone under 
                subpart 2 of part D of title I of the Clean Air Act (42 
                U.S.C. 7511 et seq.), the area was also classified 
                under subpart 3 of part D of title I of that Act (42 
                U.S.C. 7512 et seq.) as a nonattainment area for carbon 
                monoxide, the weighted nonattainment or maintenance 
                area fleet and passenger miles for the eligible 
                project, as calculated under subparagraph (A), shall be 
                further multiplied by a factor of 1.2.
            ``(3) Maximum grant amount.--
                    ``(A) In general.--The amount of a grant made to a 
                designated recipient under this section shall not 
                exceed the lesser of--
                            ``(i) for an eligible project in an area--
                                    ``(I) with a population of less 
                                than 1,000,000, $15,000,000; and
                                    ``(II) with a population of at 
                                least 1,000,000, $25,000,000; or
                            ``(ii) 80 percent of the total cost of the 
                        eligible project.
                    ``(B) Reapportionment.--Any amounts that would 
                otherwise be apportioned to a designated recipient 
                under this subsection that exceed the amount described 
                in subparagraph (A) shall be reapportioned among other 
                designated recipients in accordance with paragraph (1).
    ``(e) Additional Requirements.--
            ``(1) Limitation on uses.--Not less than 5 percent of the 
        amount made available by or appropriated under section 5338 in 
        each fiscal year to carry out this section shall be available 
        for any eligible projects for which an application is received 
        from a designated recipient, for--
                    ``(A) the purchase or construction of hybrid 
                electric or battery-powered buses; or
                    ``(B) facilities specifically designed to service 
                those buses.
            ``(2) Clean diesel buses.--Not more than 35 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.
    ``(f) Availability of Funds.--Any amount made available or 
appropriated under this section--
            ``(1) shall remain available to a project for 1 year 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.''.

SEC. 3010. CAPITAL INVESTMENT GRANTS.

    (a) Section Heading.--Section 5309 is amended by striking the 
section heading and inserting the following:
``Sec. 5309. Capital investment grants''.
    (b) Loans for Real Property Interests.--Section 5309 is amended--
            (1) in subsections (a)(1) and (a)(2) by striking ``and 
        loans'';
            (2) by striking subsections (b) and (c); and
            (3) by redesignating subsection (d) as subsection (b).
    (c) Project as Part of Approved Program of Projects.--Section 
5309(b) (as redesignated by subsection (b) of this section) is 
amended--
            (1) by striking ``Except as provided in subsections (b)(2) 
        and (e) of the section, the'' and inserting ``The''; and
            (2) by striking ``or loan''.
    (d) Criteria and Funding.--Section 5309 is amended by striking 
subsections (e) through (p) and inserting the following:
    ``(c) Major Capital Investment Grants of $75,000,000 or More.--
            ``(1) Full funding grant agreement.--A major new fixed 
        guideway capital 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 this subsection. 
        The Secretary shall not enter into a full funding grant 
        agreement for a project unless that project is authorized for 
        final design and construction.
            ``(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 
        proposal 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, transit 
                supportive policies, and existing land use; 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.
            ``(3) Considerations.--
                    ``(A) Results of alternatives analysis and 
                preliminary engineering.--In evaluating a proposed 
                project for purposes of making the finding required by 
                paragraph (2)(A), the Secretary shall analyze and 
                consider the results of the alternatives analysis and 
                preliminary engineering for the project.
                    ``(B) Project justification.--In evaluating a 
                proposed project for purposes of making the finding 
                required by paragraph (2)(B), the Secretary shall--
                            ``(i) consider the direct and indirect 
                        costs of relevant alternatives;
                            ``(ii) consider factors such as congestion 
                        relief, improved mobility, air pollution, noise 
                        pollution, energy consumption, and all 
                        associated ancillary and mitigation costs 
                        necessary to carry out each alternative 
                        analyzed and recognize reductions in local 
                        infrastructure costs achieved through compact 
                        land use development;
                            ``(iii) identify and consider public 
                        transportation supportive existing land use 
                        policies and future patterns and the cost of 
                        suburban sprawl;
                            ``(iv) consider the degree to which the 
                        project increases the mobility of the public 
                        transportation dependent population or promotes 
                        economic development;
                            ``(v) consider population density and 
                        current transit ridership in the corridor;
                            ``(vi) consider the technical capability of 
                        the grant recipient to construct the project;
                            ``(vii) adjust the project justification to 
                        reflect differences in local land, 
                        construction, and operating costs; and
                            ``(viii) consider other factors that the 
                        Secretary determines appropriate to carry out 
                        this chapter.
                    ``(C) Local financial commitment.--In evaluating a 
                proposed 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 
                        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 to operate the proposed 
                        project.
                    ``(D) Assessment of local financing.--In assessing 
                the stability, reliability, and availability of 
                proposed sources of local financing under paragraph 
                (2)(C), the Secretary shall consider--
                            ``(i) existing grant 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 or other public transportation purpose; 
                        and
                            ``(iv) the extent to which the project has 
                        a local financial commitment that exceeds the 
                        required non-Federal share of the cost of the 
                        project.
            ``(4) Evaluation and rating of projects.--A proposed 
        project under this subsection may advance from alternatives 
        analysis to preliminary engineering, and may advance from 
        preliminary engineering to final design and construction, only 
        if the Secretary finds that the project meets the requirements 
        of this section and there is a reasonable likelihood that the 
        project will continue to meet such requirements. In making the 
        findings, the Secretary shall evaluate and rate the project as 
        `highly recommended', `recommended', or `not recommended' based 
        on the results of 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.
            ``(5) Major defined.--In this section, the term `major', as 
        used with respect to a new fixed guideway capital project, 
        means the Federal assistance provided or to be provided under 
        this section for the project is $75,000,000 or more.
    ``(d) Capital Investment Grants Less Than $75,000,000.--
            ``(1) In general.--Subject to the provisions of this 
        subsection, if the Federal assistance provided or to be 
        provided under this section with respect to a new fixed 
        guideway capital project is less than $75,000,000, and not less 
        than $25,000,000, the project shall be subject to the 
        requirements in this subsection.
            ``(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 (1)(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 (1)(B), the Secretary shall--
                    ``(A) determine the degree to which public 
                transportation supportive land use policies related to 
                the project are consistent with local land use policies 
                and are 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 forecasts of 
                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.--For purposes of 
        paragraph (1)(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.
            ``(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--
                            ``(i) 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; and
                            ``(ii) the metropolitan planning 
                        organization has adopted the locally preferred 
                        alternative for the project into the long-range 
                        transportation plan.
                    ``(B) Evaluation.--In making the findings under 
                subparagraph (A), the Secretary shall evaluate and rate 
                the project as `recommended' or `not recommended' based 
                on the results of the analysis of the project 
                justification criteria and the degree of local 
                financial commitment, as required by this subsection.
            ``(7) Contents of project construction grant agreement.--A 
        project construction grant agreement under this subsection 
        shall specify the scope of the project to be constructed, the 
        estimated net project cost of the project, the schedule under 
        which the project shall be constructed, the maximum amount of 
        funding to be obtained under this subsection, the proposed 
        schedule for obligation of future Federal grants, and the 
        sources of funding from other than the Government. The 
        agreement may include a commitment on the part of the Secretary 
        to provide funding for the project in future fiscal years.
            ``(8) Limitation on entry into construction grant 
        agreement.--The Secretary may enter into a project construction 
        grant agreement for a project under this subsection only if the 
        project is authorized for construction and has been rated as 
        `recommended' under this subsection.
            ``(9) Regulations.--Not later than 120 days after the date 
        of enactment of the Federal Public Transportation Act of 2004, 
        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 public transportation bus capital project if the majority 
        of the project's corridor right-of-way is dedicated alignment 
        for exclusive use by public transportation vehicles for all or 
        part of the day.
    ``(e) Previously Issued Letter of Intent or Full Funding Grant 
Agreement.--Subsections (c) and (d) 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 2004.
    ``(f) 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.--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.
                            ``(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.
            ``(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) Programmatic.--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 may be not more than the greater of the 
                amount authorized under section 5338(b) for new fixed 
                guideway capital projects or an amount equivalent to 
                the last 3 fiscal years of funding allocated under 
                subsection (m)(1)(B) for new fixed guideway capital 
                projects, 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 and early systems work 
                agreements may be not more than a limitation specified 
                in law.
                    ``(B) 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.
                    ``(C) 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 under this subsection, the Secretary shall 
        notify, in writing, the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Banking, Housing, and Urban Affairs 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.
    ``(g) Government's Share of Net Project Cost.--
            ``(1) Federal share.--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) 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.
            ``(3) Limitation on statutory construction.--Nothing in 
        this section, including paragraph (1) and subsections 
        (c)(3)(D)(iv) and (c)(4), 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.
            ``(4) 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.
            ``(5) 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 2004.
    ``(h) Fiscal Capacity Considerations.--If the Secretary gives 
priority consideration to financing projects that include more than the 
non-Government share required under subsection (g), the Secretary shall 
give equal consideration to differences in the fiscal capacity of State 
and local governments.
    ``(i) Reports on New Starts.--
            ``(1) Annual dot 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 Banking, Housing, and 
        Urban Affairs 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 
                subsection (c), for each such project that is 
                authorized by the Federal Public Transportation Act of 
                2004; 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 and for the next 10 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.
    ``(j) 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.
            ``(3) Capital project cost indices.--The Secretary shall 
        consider changes in capital project cost indices when 
        determining the estimated cost under paragraph (2).
    ``(k) Bus and Bus Facility Grants.--In making grants under 
subsection (m)(1)(C), the Secretary shall consider the age of buses, 
bus fleets, related equipment, and bus-related facilities.
    ``(l) Availability of Amounts.--An amount made available or 
appropriated under section 5338(b) 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 shall be deobligated 
and may be used by the Secretary for any purpose under this section.
    ``(m) Allocating Amounts.--
            ``(1) In general.--After the allocation under section 
        5338(b)(2)(C) for a fiscal year and subject to paragraph (4), 
        the remainder of the amounts made available by or appropriated 
        under section 5338(b) for grants under this section for such 
        fiscal year shall be allocated as follows:
                    ``(A) 40 percent for fixed guideway modernization;
                    ``(B) 40 percent for major new fixed guideway 
                capital projects; and
                    ``(C) 20 percent to replace, rehabilitate, and 
                purchase buses and related equipment and to construct 
                bus-related facilities.
            ``(2) Limitation on amounts.--Not more than 8 percent of 
        the amounts made available in each fiscal year by paragraph 
        (l)(B) shall be available for alternatives analysis and 
        preliminary engineering.
            ``(3) Funding for ferry boat systems.--Of the amounts made 
        available under paragraph (1)(B), $10,400,000 shall be 
        available in each of fiscal years 2004 through 2009 for new 
        fixed guideway capital projects in Alaska or Hawaii that are 
        for ferry boats or ferry terminal facilities or that are for 
        approaches to ferry terminal facilities.
            ``(4) Sources of funding.--All amounts allocated for fixed 
        guideway modernization and all amounts allocated to replace, 
        rehabilitate, and purchase buses and related equipment and to 
        construct bus-related facilities under paragraph (1) shall be 
        derived from the Mass Transit Account of the Highway Trust 
        Fund. All amounts allocated for new fixed guideway capital 
        projects under paragraph (1) shall be derived from the general 
        fund of the Treasury.
    ``(n) New Fixed Guideway Capital Project Defined.--In this section, 
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.''.
    (e) Conforming Amendments.--
            (1) 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.''.
            (2) Section 5328.--Section 5328(a) is amended--
                    (A) in paragraph (2) by striking ``5309(e)'' and 
                inserting ``5309(c)''; and
                    (B) in paragraph (4) by striking ``under section 
                5309(o)(1)'' and inserting ``under section 
                5309(i)(1)''.

SEC. 3011. FORMULA GRANTS FOR SPECIAL NEEDS OF ELDERLY INDIVIDUALS AND 
              INDIVIDUALS WITH DISABILITIES.

    (a) In General.--Section 5310 is amended--
            (1) by striking the section heading and inserting the 
        following:
``Sec. 5310. Formula grants for special needs of elderly individuals 
              and individuals with disabilities'';
            (2) by striking subsections (a) through (g) and inserting 
        the following:
    ``(a) General Authority.--
            ``(1) Grants.--The Secretary may make grants to States and 
        local governmental authorities under this section for public 
        transportation capital projects, and operating costs associated 
        with 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 of 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 by a recipient 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) Apportionment 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) Transfers.--Any State's apportionment remaining 
        available for obligation at the beginning of the 90-day period 
        before the end of the period of availability of the 
        apportionment is available to the State for transfer to 
        supplement amounts apportioned to the State under section 
        5311(c) or 5336(a)(1), or both. Any funds transferred pursuant 
        to this paragraph shall be made available only for eligible 
        projects as described in this section.
    ``(c) Government's Share of Costs.--
            ``(1) Capital projects.--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; except 
        that in the case of a State described in section 120(b)(1) of 
        title 23, such percentage shall be increased in accordance with 
        such section.
            ``(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.
    ``(d) Grant Requirements.--
            ``(1) In general.--A grant under this section shall be 
        subject to all requirements of a grant under section 5307. A 
        grant to a subrecipient under this section shall be subject to 
        such requirements to the extent the Secretary considers 
        appropriate.
            ``(2) Coordination with nonprofit providers.--A recipient 
        that transfers funds to an apportionment under section 
        5336(a)(1) pursuant to subsection (b)(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.--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.
            ``(4) 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.
    ``(e) State Program.--
            ``(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 program shall be 
        submitted annually to the Secretary for approval and 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.''; and
            (3) by redesignating subsections (h) through (j) as 
        subsections (g) through (i), respectively.
    (b) Conforming Amendment.--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. 3012. FORMULA GRANTS FOR OTHER THAN URBANIZED AREAS.

    (a) Definitions.--Section 5311(a) is amended to read as follows:
    ``(a) Definitions.--In this section, the following definitions 
apply:
            ``(1) Recipient.--The term `recipient' means a State that 
        receives a Federal transit program grant directly from the 
        Government.
            ``(2) Subrecipient.--The term `subrecipient' means a State 
        or local governmental authority, nonprofit organization, or 
        operator of public transportation services that receives a 
        Federal transit program grant indirectly through a 
        recipient.''.
    (b) General Authority.--Section 5311(b) is amended to read as 
follows:
    ``(b) General Authority.--
            ``(1) Grants.--Except as provided in paragraph (2), the 
        Secretary may make grants to other than urbanized areas under 
        this section for the following:
                    ``(A) Public transportation capital projects.
                    ``(B) Operating costs of equipment and facilities 
                for use in public transportation.
                    ``(C) Acquisition of public transportation 
                services, including service agreements with private 
                providers of public transportation services.
            ``(2) State program.--
                    ``(A) In general.--Amounts made available to carry 
                out this section shall be used for projects included in 
                a State program for public transportation projects, 
                including service agreements with private providers of 
                public transportation.
                    ``(B) Submission.--The program shall be submitted 
                annually to the Secretary for approval.
                    ``(C) Approval.--The Secretary may approve the 
                program only if the Secretary finds that the program 
                provides a fair distribution of amounts in the State, 
                including Indian reservations, and 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.''.
    (c) Apportionments.--Section 5311(c) is amended to read as follows:
    ``(c) Apportionments.--
            ``(1) In general.--The Secretary shall apportion amounts 
        made available to carry out this section among the States in 
        the ratio that--
                    ``(A) the population of other than urbanized areas 
                in each State, as shown by the most recent Government 
                decennial census of population; bears to
                    ``(B) the population of all other than urbanized 
                areas in the United States, as shown by that census.
            ``(2) Availability.--The amount apportioned to a State 
        under this subsection may be obligated by the State for 2 
        fiscal years after the fiscal year in which the amount is 
        apportioned. An amount that is not obligated at the end of that 
        period shall be reapportioned among the States for the next 
        fiscal year.''.
    (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) by striking ``after September 30, 
        1993,''; and
            (2) in paragraph (2) by striking ``A State'' and inserting 
        ``After consultation with affected intercity bus service 
        providers, a State''.
    (f) Government's Share of Costs.--Section 5311(g) is amended to 
read as follows:
    ``(g) Government's Share of Costs.--
            ``(1) Capital projects.--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; except 
        that in the case of a State described in section 120(b)(1) of 
        title 23, such percentage shall be increased in accordance with 
        such section.
            ``(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 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 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) 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. 3013. RESEARCH, DEVELOPMENT, DEMONSTRATION, AND DEPLOYMENT 
              PROJECTS.

    (a) In General.--Section 5312 is amended--
            (1) in subsection (a)--
                    (A) by striking the first parenthetical phrase;
                    (B) by striking ``or contracts'' and inserting ``, 
                contracts, cooperative agreements, or other 
                transactions'';
                    (C) by striking ``help reduce urban transportation 
                needs, improve mass transportation service,'' and 
                inserting ``improve transportation service'';
                    (D) by striking ``urban'' each place it appears; 
                and
                    (E) by striking ``and demonstration projects'' and 
                inserting ``, demonstration or deployment projects, or 
                evaluation of technology of national significance'';
            (2) by striking subsections (b) and (c);
            (3) by redesignating subsections (d) and (e) as subsections 
        (b) and (c), respectively;
            (4) in subsection (b)(2) (as so redesignated) by striking 
        ``other agreements'' and inserting ``other transactions''; and
            (5) in subsection (c)(2) (as so redesignated) by striking 
        ``public and'' and inserting ``public or''.
    (b) 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. 3014. COOPERATIVE RESEARCH PROGRAM.

    (a) In General.--Section 5313 is amended--
            (1) in subsection (a) by striking ``(1) The amounts made 
        available under paragraphs (1) and (2)(C)(ii) of section 
        5338(d) of this title'' and inserting ``The amounts made 
        available under paragraphs (1) and (2)(B)(i) of section 
        5338(d)'';
            (2) by striking subsection (b);
            (3) in subsection (a)(2) by striking ``(2) The'' and 
        inserting ``(b) Federal Assistance.--The''; and
            (4) in subsection (c) by striking ``subsection (a) of''.
    (b) Conforming Amendments.--
            (1) In general.--Section 5313 is amended by striking the 
        section heading and inserting the following:
``Sec. 5313. 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. Cooperative research program.''.

SEC. 3015. 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 and technology 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 
                transactions'';
                    (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); and
            (6) in subsection (b) by striking ``or contract'' and all 
        that follows through ``section,'' and inserting ``, contract, 
        cooperative agreement, or other transaction under subsection 
        (a) or section 5312,''.
    (b) Conforming Amendment.--The analysis for chapter 53 is amended 
by striking the item relating to section 5314 and inserting the 
following:

``5314. National research and technology programs.''.

SEC. 3016. NATIONAL TRANSIT INSTITUTE.

    Section 5315 is amended--
            (1) in subsection (a) by striking ``public mass 
        transportation'' and inserting ``public transportation''; and
            (2) in subsection (d) by striking ``mass'' each place it 
        appears.

SEC. 3017. 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)) or 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 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 subparagraph (B) or (C) of subsection 
        (c)(1), 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 this section.
    ``(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 1 year after the date 
        of enactment of the Federal Public Transportation Act of 2004, 
        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 2004, 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.--Section 3037 of the Transportation Equity Act for the 
21st Century (49 U.S.C. 5309 note; 112 Stat. 387) is repealed.

SEC. 3018. NEW FREEDOM PROGRAM.

    (a) In General.--Chapter 53 is further 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)) or 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 to 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.--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) Transfers.--
                    ``(A) In general.--A State may transfer any funds 
                apportioned to it under subparagraph (B) or (C) of 
                subsection (c)(1), 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 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) Grant Requirements.--
            ``(1) In general.--Except as provided in paragraph (2), a 
        grant under this section shall be subject to all the 
        requirements of section 5307.
            ``(2) Employee protective arrangements.--Section 5333(b) 
        shall apply to grants under this section, except that the 
        Secretary of Labor shall utilize, for urbanized areas with a 
        population of less than 200,000 and for other than urbanized 
        areas, a special warranty described in section 215.7 of title 
        29, Code of Federal Regulations, that provides a fair and 
        equitable arrangement to protect the interest of employees.
            ``(3) 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.--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. 3019. BUS TESTING FACILITY.

    (a) In General.--Section 5318 is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) Facility.--The Secretary of Transportation 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.'';
            (2) in subsection (d) by striking ``under section 
        5309(m)(1)(C) of this title'' and inserting ``to carry out this 
        section''; and
            (3) by striking subsection (e) and inserting the following:
    ``(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).''.
    (b) Conforming Amendment.--Section 5323(c) is repealed.

SEC. 3020. BICYCLE FACILITIES.

    The first sentence of section 5319 is amended--
            (1) by striking ``5309(h),'' and inserting ``5309(g),''; 
        and
            (2) by striking ``and 5311'' and inserting ``5311, and 
        5320''.

SEC. 3021. TRANSIT IN THE PARKS PILOT PROGRAM.

    (a) In General.--Section 5320 of title 49, United States Code, is 
amended to read as follows:
``Sec.  5320. Transit in the parks pilot program
    ``(a) Public Transportation Defined.--In this section, the term 
`public transportation' means general or special transportation to the 
public by a conveyance that is publicly or privately owned. Such term 
does not include schoolbus or charter transportation but does include 
sightseeing transportation.
    ``(b) Establishment.--Not later than 90 days after the date of 
enactment of the Federal Public Transportation Act of 2004, the 
Secretary of Transportation and the Secretary of the Interior shall 
enter into a memorandum of understanding to establish a transit in the 
parks pilot program in accordance with the requirements of this 
section.
    ``(c) Purpose.--The purpose of the pilot program shall be to 
encourage and promote the development of transportation systems 
described in section 5301(a) within units of the National Park System 
to improve visitor mobility and enjoyment (including visitors with 
disabilities), reduce pollution and congestion, and enhance resource 
protection through the use of public transportation.
    ``(d) Administration of Program.--The program shall be administered 
by the Secretary of Transportation, in consultation with the Secretary 
of the Interior.
    ``(e) Memorandum of Understanding.--
            ``(1) Planning.--The memorandum of understanding under 
        subsection (b) shall include transportation planning procedures 
        that are consistent with the metropolitan and statewide 
        planning processes required under chapter 52.
            ``(2) Programs.--The memorandum of understanding shall 
        include descriptions of programs and activities eligible for 
        assistance under the pilot program.
            ``(3) Exceptions.--The memorandum of understanding shall 
        limit or modify the applicability of the provisions referred to 
        in subsection (f) to the extent necessary to carry out the 
        objectives of this section and to be compatible with the laws 
        and regulations governing units of the National Park System.
    ``(f) Eligible use of Funds.--Except as provided under subsection 
(e)(3), the Secretary may provide funds made available to carry out 
this section to the Secretary of the Interior under interagency 
agreements for the following purposes:
            ``(1) Planning, engineering, design, and evaluation.--
        Planning, engineering, design, and evaluation of public 
        transportation projects in units of the National Park System, 
        and for technical studies, in accordance with section 
        5305(b)(2).
            ``(2) Public transportation capital projects.--Public 
        transportation capital projects (as defined in section 
        5302(a)(1)) for such units in accordance with all the terms and 
        conditions to which a grant is made under subsections (a), (b), 
        (c), and (d) of section 5307 and such other terms and 
        conditions as are determined by the Secretary. The Secretary of 
        the Interior shall act as the designated recipient for the 
        purposes of subsection (a)(2) of section 5307.
            ``(3) Operating costs.--Operating costs of equipment and 
        facilities used in public transportation for such units.
    ``(g) Government Share of Costs.--
            ``(1) Capital projects.--The Government share of the cost 
        of any capital project or activity under this section shall be 
        100 percent of the 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.
    ``(h) Savings Clause.--Nothing in this section shall be construed 
as superseding, amending, modifying, or repealing any provision of law 
applicable to units of the National Park System.''.
    (b) Conforming Amendment.--The analysis for such chapter is further 
amended by inserting after the item relating to section 5319 the 
following:

``5320. Transit in the parks pilot program.''.

SEC. 3022. HUMAN RESOURCE PROGRAMS.

     Section 5322 is amended--
            (1) by inserting ``(a) In General.--'' before ``The 
        Secretary''; and
            (2) by adding at the end the following:
    ``(b) Grants to Higher Learning Institutions.--
            ``(1) Authority to make grants.--The Secretary may make 
        grants to nonprofit institutions of higher learning--
                    ``(A) to conduct research and investigations into 
                the theoretical or practical problems of public 
                transportation; and
                    ``(B) to train individuals to conduct further 
                research or obtain employment in an organization that 
                plans, builds, operates, or manages a public 
                transportation system.
            ``(2) Research and investigations.--Research and 
        investigations under this subsection include--
                    ``(A) the design and use of public transportation 
                systems and public roads and highways;
                    ``(B) the interrelationship between various modes 
                of urban, suburban, rural, and intercity 
                transportation;
                    ``(C) the role of transportation planning in 
                overall urban planning;
                    ``(D) public preferences in transportation;
                    ``(E) the economic allocation of transportation 
                resources; and
                    ``(F) the legal, financial, engineering, and 
                esthetic aspects of public transportation.
            ``(3) Preference.--When making a grant under this 
        subsection, the Secretary shall give preference to an 
        institution that brings together knowledge and expertise in the 
        various social science and technical disciplines related to 
        public transportation problems.
    ``(c) Fellowships.--
            ``(1) Authority to make grants.--The Secretary may make 
        grants to States, local governmental authorities, and operators 
        of public transportation systems to provide fellowships to 
        train personnel employed in managerial, technical, and 
        professional positions in the public transportation field.
            ``(2) Terms.--
                    ``(A) Period of training.--A fellowship under this 
                subsection may be for not more than one year of 
                training in an institution that offers a program 
                applicable to the public transportation industry.
                    ``(B) Selection of individuals.--The recipient of 
                the grant shall select an individual on the basis of 
                demonstrated ability and for the contribution the 
                individual reasonably can be expected to make to an 
                efficient public transportation operation.
                    ``(C) Amount.--A grant for a fellowship may not be 
                more than the lesser of $65,000 or 75 percent of--
                            ``(i) tuition and other charges to the 
                        fellowship recipient;
                            ``(ii) additional costs incurred by the 
                        training institution and billed to the grant 
                        recipient; and
                            ``(iii) the regular salary of the 
                        fellowship recipient for the period of the 
                        fellowship to the extent the salary is actually 
                        paid or reimbursed by the grant recipient.''.

SEC. 3023. GENERAL PROVISIONS ON ASSISTANCE.

    (a) Interests in Property.--Section 5323(a)(1) is amended--
            (1) in the matter preceding subparagraph (A)--
                    (A) by striking ``private mass transportation 
                company'' each place it appears and inserting ``private 
                company engaged in public transportation'';
                    (B) by striking ``mass transportation equipment or 
                a mass transportation facility'' and inserting ``a 
                public transportation facility or equipment''; and
                    (C) by striking ``mass transportation company'' and 
                inserting ``public transportation company''; and
            (2) in subparagraph (B) by striking ``private mass 
        transportation companies'' and inserting ``private companies 
        engaged in public transportation''.
    (b) Notice and Public Hearing.--Section 5323(b) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``(1) An application'' and 
                inserting the following:
            ``(1) Applications.--An application'';
                    (B) in the matter preceding subparagraph (A) by 
                striking ``or loan''; and
                    (C) by moving subparagraphs (A) through (D) 2 ems 
                to the right;
            (2) in paragraph (2) by striking ``(2) Notice of'' and 
        inserting the following:
            ``(2) Notice.--Notice of''; and
            (3) by adding at the end the following:
            ``(3) Environmental record.--An applicant shall include in 
        the environmental record for a project under this chapter 
        evidence that the applicant has complied with the requirements 
        of subparagraphs (A) through (D) of paragraph (1).''.
    (c) Condition on Charter Bus Transportation Service.--Section 
5323(d) is amended--
            (1) by striking ``(1) Financial assistance'' and inserting 
        the following:
            ``(1) Agreements.--Financial assistance''; and
            (2) by striking paragraph (2) and inserting the following:
            ``(2) Violations.--
                    ``(A) Investigations.--On receiving a complaint 
                about a violation of the agreement required under 
                paragraph (1), the Secretary shall investigate and 
                decide whether a violation has occurred.
                    ``(B) Enforcement of agreements.--If the Secretary 
                decides that a violation has occurred, the Secretary 
                shall correct the violation under terms of the 
                agreement.
                    ``(C) Additional remedies.--In addition to any 
                remedy specified in the agreement, the Secretary shall 
                bar a recipient or an operator from receiving Federal 
                transit assistance in an amount the Secretary considers 
                appropriate if the Secretary finds a pattern of 
                violations of the agreement.''.
    (d) Bond Proceeds Eligible for Local Share.--Section 5323(e) is 
amended to read as follows:
    ``(e) Bond Proceeds Eligible for Local Share.--
            ``(1) Use as local matching funds.--Notwithstanding any 
        other provision of law, a recipient of assistance under section 
        5307 or 5309 may use the proceeds from the issuance of revenue 
        bonds as part of the local matching funds for a capital 
        project.
            ``(2) Maintenance of effort.--The Secretary shall approve 
        of the use of the proceeds from the issuance of revenue bonds 
        for the remainder of the net project cost only if the Secretary 
        finds that the aggregate amount of financial support for public 
        transportation in the urbanized area provided by the State and 
        affected local governmental authorities during the next 3 
        fiscal years, as programmed in the State transportation 
        improvement program under chapter 52 is not less than the 
        aggregate amount provided by the State and affected local 
        governmental authorities in the urbanized area during the 
        preceding 3 fiscal years.
            ``(3) Debt service reserve.--The Secretary may reimburse an 
        eligible recipient for deposits of bond proceeds in a debt 
        service reserve that recipient established pursuant to section 
        5302(a)(1)(K) from amounts made available to the recipient 
        under section 5307 or 5309, or both; except that such 
        reimbursement in a fiscal year may not exceed 10 percent of the 
        amounts made available to the recipient under section 5307 in 
        such fiscal year.''.
    (e) Schoolbus Transportation.--Section 5323(f) is amended--
            (1) by striking ``(1) Financial assistance'' and inserting 
        the following:
            ``(1) Agreements.--Financial assistance'';
            (2) in paragraph (1) by moving subparagraphs (A), (B), and 
        (C) 2 ems to the right; and
            (3) by striking paragraph (2) and inserting the following:
            ``(2) Violations.--If the Secretary finds that an 
        applicant, governmental authority, or publicly owned operator 
        has violated the agreement required under paragraph (1), the 
        Secretary shall bar a recipient or an operator from receiving 
        Federal transit assistance in an amount the Secretary considers 
        appropriate.''.
    (f) Buying Buses Under Other Laws.--Section 5323(g) is amended by 
striking ``103(e)(4)'' each place it appears and inserting ``133''.
    (g) Buy America.--Section 5323(j)(5) is amended by striking ``the 
Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 
102-240, 105 Stat. 1914)'' and inserting ``the Federal Public 
Transportation Act of 2004''.
    (h) Relationship to Other Laws.--Section 5323(l) is amended to read 
as follows:
    ``(l) Relationship to Other Laws.--Section 1001 of title 18 applies 
to a certificate, submission, or statement provided under this chapter. 
The Secretary may terminate financial assistance under this chapter and 
seek reimbursement directly, or by offsetting amounts, available under 
this chapter, when a false or fraudulent statement or related act 
within the meaning of section 1001 is made in connection with a Federal 
transit program.''.
    (i) Grant Requirements.--Section 5323(o) is amended by striking 
``the Transportation Infrastructure Finance and Innovation Act of 
1998'' and inserting ``chapter 6 (other than section 609) of title 
23''.
    (j) Transfer of Lands or Interests in Lands Owned by the United 
States.--Section 5323 is amended by adding at the end the following:
    ``(p) Transfer of Lands or Interests in Lands Owned by the United 
States.--
            ``(1) Identification of lands necessary for transit 
        purposes.--If the Secretary determines that any part of the 
        lands or interests in lands owned by the United States and made 
        available as a result of a military base closure is necessary 
        for public transportation purposes eligible under this chapter, 
        including corridor preservation, the Secretary shall file with 
        the Secretary of the Department supervising the administration 
        of such lands or interests in lands a map showing the portion 
        of such lands or interests in lands which is desired to be 
        transferred for public transportation purposes.
            ``(2) Deadline for certification.--If, within 4 months of 
        such filing, the Secretary of such Department has not certified 
        to the Secretary that the proposed transfer of such land is 
        contrary to the public interest or inconsistent with the 
        purposes for which such land has been reserved or has agreed to 
        the transfer under conditions that the Secretary of such 
        Department considers necessary for the adequate protection and 
        utilization of the reserve, then such land and materials may be 
        appropriated and transferred to a State, or local government, 
        or public transportation operator for such purposes and subject 
        to the conditions so specified.
            ``(3) Reversion.--If at any time such lands are no longer 
        needed for public transportation purposes, notice shall be 
        given to the Secretary by the State, local government, or 
        public transportation operator that received the land, and such 
        lands shall immediately revert to the control of the Secretary 
        of the Department from which the land was originally 
        transferred.''.

SEC. 3024. SPECIAL PROVISIONS FOR CAPITAL PROJECTS.

    (a) In General.--Section 5324 is amended to read as follows:
``Sec. 5324. Special provisions for capital projects
    ``(a) Relocation Program Requirements.--Financial assistance may be 
provided under section 5309 only if the Secretary decides that--
            ``(1) an adequate relocation program is being carried out 
        for families displaced by a project; and
            ``(2) an equal number of decent, safe, and sanitary 
        dwellings are being, or will be, provided to those families in 
        the same area or in another area generally not less desirable 
        for public utilities and public and commercial facilities, at 
        rents or prices within the financial means of those families, 
        and with reasonable access to their places of employment.
    ``(b) Advance Real Property Acquisitions.--[Reserved.]
    ``(c) Consideration of Economic, Social, and Environmental 
Interests.--
            ``(1) Cooperation and consultation.--In carrying out the 
        policy of section 5301(e), the Secretary shall cooperate and 
        consult with the Secretaries of the Interior, Health and Human 
        Services, and Housing and Urban Development and the 
        Administrator of the Environmental Protection Agency on each 
        project that may have a substantial impact on the environment.
            ``(2) Public participation in environmental reviews.--In 
        performing environmental reviews, the Secretary shall review 
        each transcript of a hearing submitted under section 5323(b) to 
        establish that an adequate opportunity to present views was 
        given to all parties having a significant economic, social, or 
        environmental interest in the project, and that the project 
        application includes a record of--
                    ``(A) the environmental impact of the proposal;
                    ``(B) adverse environmental effects that cannot be 
                avoided;
                    ``(C) alternatives to the proposal; and
                    ``(D) irreversible and irretrievable impacts on the 
                environment.
            ``(3) Approval of applications for assistance.--
                    ``(A) Findings by the secretary.--The Secretary may 
                approve an application for financial assistance for a 
                capital project in accordance with this chapter only if 
                the Secretary makes written findings, after reviewing 
                the application and the transcript of any hearing held 
                before a State or local governmental authority under 
                section 5323(b), that--
                            ``(i) an adequate opportunity to present 
                        views was given to all parties having a 
                        significant economic, social, or environmental 
                        interest;
                            ``(ii) the preservation and enhancement of 
                        the environment and the interest of the 
                        community in which the project is located were 
                        considered; and
                            ``(iii) no adverse environmental effect is 
                        likely to result from the project, or no 
                        feasible and prudent alternative to the effect 
                        exists and all reasonable steps have been taken 
                        to minimize the effect.
                    ``(B) Hearing.--If a hearing has not been conducted 
                or the Secretary decides that the record of the hearing 
                is inadequate for making the findings required by this 
                subsection, the Secretary shall conduct a hearing on an 
                environmental issue raised by the application after 
                giving adequate notice to interested persons.
                    ``(C) Availability of findings.--The Secretary's 
                findings under subparagraph (A) shall be made a matter 
                of public record.''.
    (b) Conforming Amendment.--The analysis for chapter 53 is amended 
by striking the item relating to section 5324 and inserting the 
following:

``5324. Special provisions for capital projects.''.

SEC. 3025. CONTRACT REQUIREMENTS.

    (a) In General.--Section 5325 is amended--
            (1) by striking subsections (a) and (b) and inserting the 
        following:
    ``(a) Competition.--Recipients of Federal assistance under this 
chapter shall conduct all procurement transactions involving such 
assistance in a manner providing full and open competition, as 
determined by the Secretary.
    ``(b) Architectural, Engineering, and Design Contracts.--
            ``(1) Procedures for awarding contract.--A contract or 
        requirement for program management, architectural engineering, 
        construction management, a feasibility study, and preliminary 
        engineering, design, architectural, engineering, surveying, 
        mapping, or related services for a project for which Federal 
        assistance is provided under this chapter shall be awarded in 
        the same way as a contract for architectural and engineering 
        services is negotiated under chapter 11 of title 40 or an 
        equivalent qualifications-based requirement of a State.
            ``(2) Effect of state laws.--This subsection does not apply 
        to the extent a State has adopted, before the date of enactment 
        of the Federal Public Transportation Act of 2004, by law a 
        formal procedure for procuring those services.
            ``(3) Administration of contracts.--When awarding such 
        contracts, recipients of assistance under this chapter shall 
        maximize efficiencies of administration by accepting 
        nondisputed audits conducted by other governmental agencies as 
        follows:
                    ``(A) Performance of audits.--Any contract or 
                subcontract awarded under this chapter shall be 
                performed and audited in compliance with cost 
                principles contained in the Federal Acquisition 
                Regulation (part 31 of title 48, Code of Federal 
                Regulations).
                    ``(B) Indirect cost rates.--Instead of performing 
                its own audits, a recipient of funds under a contract 
                or subcontract awarded under this chapter shall accept 
                indirect cost rates established in accordance with the 
                Federal Acquisition Regulation for one-year applicable 
                accounting periods by a cognizant Federal or State 
                government agency, if such rates are not currently 
                under dispute.
                    ``(C) Application of rates.--Once a firm's indirect 
                cost rates are accepted under this paragraph, the 
                recipient of the funds shall apply such rates for the 
                purposes of contract estimation, negotiation, 
                administration, reporting, and contract payment and 
                shall not be limited by administrative or de facto 
                ceilings.
                    ``(D) Prenotification; confidentiality of data.--A 
                recipient of funds requesting or using the cost and 
                rate data described in paragraph (3) shall notify any 
                affected firm before such request or use. Such data 
                shall be confidential and shall not be accessible or 
                provided, in whole or in part, to another firm or to 
                any government agency that is not part of the group of 
                agencies sharing cost data under this paragraph, except 
                by written permission of the audited firm. If 
                prohibited by law, such cost and rate data shall not be 
                disclosed under any circumstances.''; and
            (2) by adding at the end the following:
    ``(d) Design-Build System Projects.--
            ``(1) Definition.--In this section, the term `design-build 
        system project' means a project under which a recipient enters 
        into a contract with a seller, firm, or consortium of firms to 
        design and build a public transportation system or an operable 
        segment thereof that meets specific performance criteria. Such 
        project may also include an option to finance, or operate for a 
        period of time, the system or segment or any combination of 
        designing, building, operating, or maintaining such system or 
        segment.
            ``(2) Financial assistance.--Government financial 
        assistance under this chapter may be made available for the 
        capital costs of a design-build system project after the 
        recipient complies with Government requirements.
    ``(e) Multiyear Rolling Stock.--
            ``(1) Contracts.--A recipient procuring rolling stock with 
        Government financial assistance under this chapter may make a 
        multiyear contract to buy the rolling stock and replacement 
        parts under which the recipient has an option to buy additional 
        rolling stock or replacement parts for not more than 5 years 
        after the date of the original contract.
            ``(2) Cooperation among recipients.--The Secretary shall 
        allow at least 2 recipients to act on a cooperative basis to 
        procure rolling stock in compliance with this subsection and 
        other Government procurement requirements.
    ``(f) Acquiring Rolling Stock.--A recipient of financial assistance 
under this chapter may enter into a contract to expend that assistance 
to acquire rolling stock--
            ``(1) based on--
                    ``(A) initial capital costs; or
                    ``(B) performance, standardization, life cycle 
                costs, and other factors; or
            ``(2) with a party selected through a competitive 
        procurement process.
    ``(g) Examination of the Records.--Upon request, the Secretary, the 
Comptroller General, or a representative of the Secretary or the 
Comptroller General shall have access to and the right to examine and 
inspect all records, documents, papers, including contracts, related to 
a project for which a grant is made under this chapter.
    ``(h) Grant Prohibitions.--A grant may not be used to support a 
procurement that uses an exclusionary or discriminatory 
specification.''.
    (b) Conforming Amendments.--Section 5326, and the item relating to 
section 5326 in the analysis for chapter 53, are repealed.

SEC. 3026. PROJECT MANAGEMENT OVERSIGHT AND REVIEW.

    (a) Project Management Plan Requirements.--Section 5327(a) is 
amended--
            (1) by striking ``and'' at the end of paragraph (11);
            (2) by striking the period at the end of paragraph (12) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(13) safety and security management.''.
    (b) Limitations.--Section 5327(c) is amended to read as follows:
    ``(c) Limitations.--
            ``(1) Limitations on use of available amounts.--The 
        Secretary may use not more than .5 percent of amounts made 
        available for a fiscal year to carry out section 5311, not more 
        than .75 percent of amounts made available for a fiscal year to 
        carry out section 5307, and not more than 1 percent of amounts 
        made available for a fiscal year to carry out section 5309 to 
        make contracts for the following activities:
                    ``(A) To oversee the construction of a major 
                project.
                    ``(B) To review and audit the safety and security, 
                procurement, management, and financial compliance of a 
                recipient or subrecipient of funds under sections 5307, 
                5309, and 5311.
                    ``(C) To provide technical assistance to correct 
                deficiencies identified in compliance reviews and 
                audits carried out under this section.
            ``(2) Limitations on applicability.--Subsections (a), (b), 
        and (e) do not apply to contracts under this section for 
        activities described in paragraphs (1)(B) and (1)(C).
            ``(3) Government's share of costs.--The Government shall 
        pay the entire cost of carrying out a contract under this 
        subsection.''.

SEC. 3027. INVESTIGATIONS OF SAFETY AND HAZARDS.

    (a) In General.--Section 5329 is amended to read as follows:
``Sec. 5329. Investigation of safety and hazards
    ``(a) In General.--The Secretary may investigate safety and 
security risks associated with a condition in equipment, a facility, or 
an operation financed under this chapter that the Secretary believes 
causes a serious hazard of death or injury to establish the nature and 
extent of the condition and how to eliminate, mitigate, or correct it.
    ``(b) Plans for Eliminating, Mitigating, or Correcting Hazards.--If 
the Secretary establishes that a condition causes a hazard, the 
Secretary shall require the local governmental authority receiving 
amounts under this chapter to submit a plan for eliminating, 
mitigating, or correcting it.
    ``(c) Withholding Financial Assistance.--Financial assistance under 
this chapter, in an amount to be determined by the Secretary, may be 
withheld until a plan is approved and carried out.''.
    (b) Conforming Amendment.--The analysis for chapter 53 is amended 
by striking the item relating to section 5329 and inserting the 
following:

``5329. Investigation of safety and hazards.''.

SEC. 3028. STATE SAFETY OVERSIGHT.

    (a) In General.--Section 5330 is amended--
            (1) by striking the section heading and all that follows 
        through subsection (a) and inserting the following:
``Sec. 5330. State safety oversight
    ``(a) Application.--This section applies only to--
            ``(1) States that have rail fixed guideway public 
        transportation systems not subject to regulation by the Federal 
        Railroad Administration; and
            ``(2) States that are designing rail fixed guideway public 
        transportation systems that will not be subject to regulation 
        by the Federal Railroad Administration.'';
            (2) in subsection (d) by inserting ``shall ensure uniform 
        safety standards and enforcement and'' after ``affected 
        States''; and
            (3) by striking subsection (f).
    (b) Conforming Amendment.--The analysis for chapter 53 is amended 
by striking the item relating to section 5330 and inserting the 
following:

``5330. State safety oversight.''.

SEC. 3029. CONTROLLED SUBSTANCES AND ALCOHOL MISUSE TESTING.

    (a) Definitions.--Section 5331(a)(3) is amended by inserting after 
``title'' the following: ``or section 2303a, 7101(i), or 7302(e) of 
title 46. The Secretary may also decide that a form of public 
transportation is covered adequately, for employee alcohol and 
controlled substances testing purposes, under the alcohol and 
controlled substance statutes or regulations of an agency within the 
Department of Transportation or the Coast Guard.''.
    (b) Technical Corrections.--Subsections (b)(1) and (g) of section 
5331 are each amended by striking ``or section 103(e)(4) of title 23''.
    (c) Regulations.--Section 5331(f) is amended by striking paragraph 
(3).

SEC. 3030. EMPLOYEE PROTECTIVE ARRANGEMENTS.

    Section 5333(b)(1) is amended by striking ``5318(d), 5323(a)(1), 
(b), (d), and (e), 5328, 5337, and 5338(b)'' each place it appears and 
inserting ``5316, 5317, 5318, 5320, 5323(a)(1), 5323(b), 5323(d), 5328, 
5337, and 5338(b)''.

SEC. 3031. ADMINISTRATIVE PROCEDURES.

    Section 5334 is amended--
            (1) in subsection (a)--
                    (A) by striking ``and'' at the end of paragraph 
                (9);
                    (B) by striking the period at the end of paragraph 
                (10) and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(11) issue regulations as necessary to carry out the 
        purposes of this chapter.'';
            (2) by striking subsection (i);
            (3) by redesignating subsections (b) through (h) as 
        subsections (c) through (i), respectively;
            (4) by inserting after subsection (a) the following:
    ``(b) Prohibitions Against Regulating Operations and Charges.--
            ``(1) In general.--Except for purposes of national defense 
        or in the event of a national or regional emergency, the 
        Secretary may not regulate the operation, routes, or schedules 
        of a public transportation system for which a grant is made 
        under this chapter, nor may the Secretary regulate the rates, 
        fares, tolls, rentals, or other charges prescribed by any 
        provider of public transportation.
            ``(2) Limitation on statutory construction.--Nothing in 
        this subsection shall be construed to prevent the Secretary 
        from requiring a recipient of funds under this chapter to 
        comply with the terms and conditions of its Federal assistance 
        agreement.''; and
            (5) in subsection (c)(4) (as so redesignated)--
                    (A) by striking ``subsections (h) and (i)'' and 
                inserting ``subsection (i)''; and
                    (B) by striking ``5323(c), 5323(e), 5324(c),''.

SEC. 3032. NATIONAL TRANSIT DATABASE.

    (a) In General.--Section 5335 is amended--
            (1) by striking the section heading and inserting the 
        following:
``Sec. 5335. National transit database'';
            (2) by striking subsection (b); and
            (3) in subsection (a)--
                    (A) by striking ``(1) To help'' and inserting ``To 
                help''; and
                    (B) by striking ``(2) The Secretary'' and inserting 
                ``(b) Reporting and Uniform Systems.--The Secretary''.
    (b) Conforming Amendment.--The analysis for chapter 53 is amended 
by striking the item relating to section 5335 and inserting the 
following:

``5335. National transit database.''.

SEC. 3033. APPORTIONMENTS BASED ON FIXED GUIDEWAY FACTORS.

    (a) Distribution.--Section 5337 is amended by striking the section 
designation and all that follows before paragraph (1) of subsection (a) 
and inserting the following:
``Sec. 5337. Apportionment based on fixed guideway factors
    ``(a) Distribution.--The Secretary shall apportion amounts made 
available for fixed guideway modernization under section 5338(b) as 
follows:''.
    (b) Route Segments To Be Included in Apportionment Formulas.--
Section 5337(e) is amended by striking paragraph (1) and all that 
follows through ``(2) Other standards.--''.
    (c) Conforming Amendment.--The item relating to section 5337 in the 
table of sections for chapter 53 is amended to read as follows:

``5337. Apportionment based on fixed guideway factors.''.

SEC. 3034. AUTHORIZATIONS.

    Section 5338 is amended to read as follows:
``Sec. 5338. Authorizations
    ``(a) Formula grants.--
            ``(1) Fiscal year 2004.--
                    ``(A) From trust fund.--There shall be available 
                from the Mass Transit Account of the Highway Trust Fund 
                to carry out sections 5307, 5310, 5311, 5316, 5317, and 
                5320 of this chapter, 1118(c) of the Transportation 
                Equity Act: A Legacy for Users (relating to the 
                nonmotorized transportation pilot program), and section 
                3038 of the Transportation Equity Act for the 21st 
                Century (49 U.S.C. 5310 note; 112 Stat. 392-393) 
                $3,582,400,000 for fiscal year 2004.
                    ``(B) From general fund.--In addition to amounts 
                made available under subparagraph (A), there are 
                authorized to be appropriated to carry out sections 
                5307, 5310, 5311, 5316, and 5317, of this chapter, 
                1118(c) of the Transportation Equity Act: A Legacy for 
                Users (relating to the nonmotorized transportation 
                pilot program) and section 3038 of the Transportation 
                Equity Act for the 21st Century (49 U.S.C. 5310 note; 
                112 Stat. 392-393) $885,700,000 for fiscal year 2004.
                    ``(C) Allocation of funds.--Of the aggregate of 
                amounts made available by and appropriated under this 
                paragraph for a fiscal year--
                            ``(i) $4,849,950 shall be available to the 
                        Alaska Railroad for improvements to its 
                        passenger operations under section 5307;
                            ``(ii) $175,000,000 shall be available to 
                        provide job access and reverse commute formula 
                        grants under section 5316;
                            ``(iii) $100,000,000 shall be available to 
                        carry out the New Freedom program under section 
                        5317;
                            ``(iv) $100,000,000 shall be available to 
                        provide clean fuels formula grants under 
                        section 5308;
                            ``(v) $10,000,000 shall be available to 
                        carry out the transit in the parks pilot 
                        program under section 5320;
                            ``(vi) $5,000,000 shall be available to 
                        carry out the nonmotorized transportation pilot 
                        program under section 1118(c) of the 
                        Transportation Equity Act: A Legacy for Users;
                            ``(vii) $10,000,000 shall be available to 
                        provide over-the-road bus accessibility grants 
                        under section 3038 of the Transportation Equity 
                        Act for the 21st Century (49 U.S.C. 5310 note);
                            ``(viii) $100,503,751 shall be available to 
                        provide transportation services to elderly 
                        individuals and individuals with disabilities 
                        under section 5310;
                            ``(ix) $321,612,004 shall be available to 
                        provide financial assistance for other than 
                        urbanized areas under section 5311; and
                            ``(x) $3,598,034,295 shall be available to 
                        provide financial assistance for urbanized 
                        areas under section 5307, subject to section 
                        3041(h) of the Federal Public Transportation 
                        Act of 2004.
            ``(2) Fiscal years 2005 through 2009.--
                    ``(A) From trust fund.--There shall be available 
                from the Mass Transit Account of the Highway Trust Fund 
                to carry out sections 5307, 5308, 5310, 5311, 5316, 
                5317, 5318, and 5320 of this chapter, section 3038 of 
                the Transportation Equity Act for the 21st Century (49 
                U.S.C. 5310 note; 112 Stat. 392-393), and section 
                1118(c) of the Transportation Equity Act: A Legacy for 
                Users (relating to the nonmotorized transportation 
                pilot program)--
                            ``(i) $5,249,750,000 for fiscal year 2005;
                            ``(ii) $5,908,750,000 for fiscal year 2006;
                            ``(iii) $6,623,500,000 for fiscal year 
                        2007;
                            ``(iv) $7,282,500,000 for fiscal year 2008; 
                        and
                            ``(v) $8,053,000,000 for fiscal year 2009.
                    ``(B) Allocation of funds for clean fuels formula 
                grants, bus testing, over-the-road bus accessibility, 
                and alaska railroad.--Of the aggregate of amounts made 
                available by this paragraph for a fiscal year--
                            ``(i) $100,000,000 shall be available to 
                        carry out section 5308;
                            ``(ii) $3,500,000 shall be available to 
                        carry out section 5318;
                            ``(iii) $10,000,000 shall be available to 
                        carry out section 3038 of the Transportation 
                        Equity Act for the 21st Century (49 U.S.C. 5310 
                        note); and
                            ``(iv) $4,849,950 shall be available to the 
                        Alaska Railroad for improvements to its 
                        passenger operations under section 5307.
                    ``(C) Allocation of funds for job access and 
                reverse commute formula grants.--Of the aggregate of 
                amounts made available by this paragraph, $185,000,000 
                for fiscal year 2005, $195,000,000 for fiscal year 
                2006, $205,000,000 for fiscal year 2007, $215,000,000 
                for fiscal year 2008, and $225,000,000 for fiscal year 
                2009 shall be available to carry out section 5316.
                    ``(D) Allocation of funds for new freedom 
                program.--Of the aggregate of amounts made available by 
                this paragraph, $120,000,000 for fiscal year 2005, 
                $125,000,000 for fiscal year 2006, $150,000,000 for 
                fiscal year 2007, $150,000,000 for fiscal year 2008, 
                and $175,000,000 for fiscal year 2009 shall be 
                available to carry out section 5317.
                    ``(E) Allocation of funds for transit in the parks 
                pilot program.--Of the aggregate of amounts made 
                available by this paragraph, $10,000,000 for fiscal 
                year 2005, $20,000,000 for fiscal year 2006, 
                $20,000,000 for fiscal year 2007, $20,000,000 for 
                fiscal year 2008, and $20,000,000 for fiscal year 2009 
                shall be available to carry out section 5320.
                    ``(F) Allocation of funds for nonmotorized 
                transportation pilot program.--Of the aggregate of 
                amounts made available by this paragraph, $5,000,000 
                for fiscal year 2005, $5,000,000 for fiscal year 2006, 
                $10,000,000 for fiscal year 2007, $10,000,000 for 
                fiscal year 2008, and $10,000,000 for fiscal year 2009 
                shall be available to carry out section 1118(c) of the 
                Transportation Equity Act: A Legacy for Users (relating 
                to the nonmotorized transportation pilot program).
                    ``(G) Remainder.--Of the remainder of the aggregate 
                amounts made available by this paragraph for a fiscal 
                year after the allocations under subparagraphs (B) 
                through (F) for such fiscal year--
                            ``(i) 2.5 percent shall be available to 
                        provide transportation services to elderly 
                        individuals and individuals with disabilities 
                        under section 5310;
                            ``(ii) 8.0 percent shall be available to 
                        provide financial assistance for other than 
                        urbanized areas under section 5311; and
                            ``(iii) 89.5 percent shall be available to 
                        provide financial assistance for urbanized 
                        areas under section 5307, subject to section 
                        3041(h) of the Federal Public Transportation 
                        Act of 2004.
    ``(b) Capital Program Grants.--
            ``(1) Fiscal year 2004.--
                    ``(A) From trust fund.--There shall be available 
                from the Mass Transit Account of the Highway Trust Fund 
                to carry out section 5309, $2,820,800,000 for fiscal 
                year 2004.
                    ``(B) From general fund.--In addition to amounts 
                made available by subparagraph (A), there is authorized 
                to be appropriated to carry out section 5309, 
                $705,200,000 for fiscal year 2004.
            ``(2) Fiscal years 2005 through 2009.--
                    ``(A) From trust fund.--There shall be available 
                from the Mass Transit Account of the Highway Trust Fund 
                to carry out section 5309--
                            ``(i) $2,394,600,000 for fiscal year 2005;
                            ``(ii) $2,686,200,000 for fiscal year 2006;
                            ``(iii) $3,003,600,000 for fiscal year 
                        2007;
                            ``(iv) $3,295,200,000 for fiscal year 2008; 
                        and
                            ``(v) $3,638,400,000 for fiscal year 2009.
                    ``(B) From general fund.--In addition to amounts 
                made available by subparagraph (A), there are 
                authorized to be appropriated to carry out section 
                5309--
                            ``(i) $1,776,400,000 for fiscal year 2005;
                            ``(ii) $2,000,800,000 for fiscal year 2006;
                            ``(iii) $2,242,400,000 for fiscal year 
                        2007;
                            ``(iv) $2,466,800,000 for fiscal year 2008; 
                        and
                            ``(v) $2,725,600,000 for fiscal year 2009.
                    ``(C) Small capital projects.--Before allocating 
                under section 5309(m) amounts appropriated under 
                subparagraphs (A) and (B), the Secretary shall make 
                available for capital investment grants of less than 
                $75,000,000 under section 5309(d)--
                            ``(i) $150,000,000 for fiscal year 2004;
                            ``(ii) $180,000,000 for fiscal year 2005;
                            ``(iii) $210,000,000 for fiscal year 2006;
                            ``(iv) $240,000,000 for fiscal year 2007;
                            ``(v) $270,000,000 for fiscal year 2008; 
                        and
                            ``(vi) $300,000,000 for fiscal year 2009.
    ``(c) Planning.--
            ``(1) Fiscal year 2004.--
                    ``(A) From trust fund.--There shall be available 
                from the Mass Transit Account of the Highway Trust Fund 
                to carry out sections 5303, 5304, and 5305, $82,000,000 
                for fiscal year 2004.
                    ``(B) From general fund.--In addition to amounts 
                made available by subparagraph (A), there is authorized 
                to be appropriated to carry out sections 5303, 5304, 
                and 5305, $20,500,000 for fiscal year 2004.
            ``(2) Fiscal years 2005 through 2009.--
                    ``(A) From the trust fund.--There shall be 
                available from the Mass Transit Account of the Highway 
                Trust Fund to carry out sections 5303, 5304, and 5305--
                            ``(i) $121,250,000 for fiscal year 2005;
                            ``(ii) $136,250,000 for fiscal year 2006;
                            ``(iii) $152,500,000 for fiscal year 2007;
                            ``(iv) $167,500,000 for fiscal year 2008; 
                        and
                            ``(v) $185,000,000 for fiscal year 2009.
                    ``(B) Allocation of funds.--Of the funds made 
                available by this paragraph for a fiscal year--
                            ``(i) 82.72 percent shall be available for 
                        metropolitan planning under sections 5303, 
                        5304, and 5305 (other than 5305(e)); and
                            ``(ii) 17.28 percent shall be available for 
                        State planning under section 5305(e).
    ``(d) Research.--
            ``(1) Fiscal year 2004.--
                    ``(A) From trust fund.--There shall be available 
                from the Mass Transit Account of the Highway Trust Fund 
                to carry out sections 5311(b), 5312, 5313, 5314, 5315, 
                and 5322, $44,800,000 for fiscal year 2004.
                    ``(B) From general fund.--In addition to amounts 
                made available by subparagraph (A), there is authorized 
                to be appropriated to carry out sections 5311(b), 5312, 
                5313, 5314, 5315, and 5322, $11,200,000 for fiscal year 
                2004.
            ``(2) Fiscal years 2005 through 2009.--
                    ``(A) From the general fund.--There is authorized 
                to be appropriated to carry out sections 5312, 5313, 
                5314, 5315, and 5322--
                            ``(i) $67,000,000 for fiscal year 2005;
                            ``(ii) $74,000,000 for fiscal year 2006;
                            ``(iii) $81,000,000 for fiscal year 2007;
                            ``(iv) $88,000,000 for fiscal year 2008; 
                        and
                            ``(v) $95,000,000 for fiscal year 2009.
                    ``(B) Allocation of funds for national transit 
                institute, national transit database, and project 
                action easter seals.--Of the funds appropriated 
                pursuant to this paragraph for a fiscal year--
                            ``(i) not less than $5,000,000 shall be 
                        available to carry out programs under the 
                        National Transit Institute under section 5315;
                            ``(ii) not less than $4,000,000 shall be 
                        available to carry out section 5335; and
                            ``(iii) not less than $4,000,000 shall be 
                        available to carry out section 5314(a)(2).
                    ``(C) Allocation of funds for transit cooperative 
                research program.--Of the funds appropriated pursuant 
                to this paragraph, $12,500,000 for fiscal year 2005, 
                $12,500,000 for fiscal year 2006, $15,000,000 for 
                fiscal year 2007, $15,000,000 for fiscal year 2008, and 
                $15,000,000 for fiscal year 2009 shall be available to 
                carry out section 5313(a).
                    ``(D) Remainder.--The remainder of the funds 
                appropriated pursuant to this paragraph for a fiscal 
                year after the allocations under subparagraphs (A) and 
                (B) for such fiscal year shall be available to carry 
                out national research and technology programs under 
                sections 5312, 5314, and 5322.
    ``(e) University Transportation Research.--
            ``(1) Fiscal year 2004.--
                    ``(A) From trust fund.--There shall be available 
                from the Mass Transit Account of the Highway Trust Fund 
                to carry out sections 5505 and 5506, $8,000,000 for 
                fiscal year 2004.
                    ``(B) From general fund.--In addition to amounts 
                made available by subparagraph (A), there is authorized 
                to be appropriated to carry out sections 5505 and 5506, 
                $2,000,000 for fiscal year 2004.
            ``(2) Fiscal years 2005 through 2009.--Subject to paragraph 
        (3), there is authorized to be appropriated to carry out 
        sections 5505 and 5506, $10,000,000 for each of fiscal years 
        2005 through 2009.
            ``(3) Funding of university transportation centers.--
                    ``(A) In general.--Of the amounts made available by 
                and appropriated under paragraphs (1) and (2)--
                            ``(i) $2,000,000 for each fiscal year shall 
                        be available for the institution identified in 
                        section 5505(j)(4)(A), as in effect on the day 
                        before the date of enactment of the Federal 
                        Public Transportation Act of 2004;
                            ``(ii) $2,000,000 for each fiscal year 
                        shall be available for the institution 
                        identified in section 5505(j)(4)(F), as so in 
                        effect; and
                            ``(iii) $2,000,000 for each of fiscal years 
                        2004, 2005, and 2006 shall be available for the 
                        institution identified in section 
                        5505(j)(3)(E), as so in effect.
                    ``(B) Use of funds.--Funds made available for each 
                of the institutions identified in subparagraphs (A)(i) 
                and (A)(ii) shall be used to make grants under section 
                5505(d) for those institutions. Funds made available 
                for the institution identified in subparagraph (A)(iii) 
                shall be used to make grants under 5506(f)(5) for that 
                institution.
                    ``(C) Special rule.--Nothing in this subsection 
                shall be construed to limit the transportation research 
                conducted by the centers funded by this section.
    ``(f) Administration.--
            ``(1) Fiscal year 2004.--
                    ``(A) From trust fund.--There shall be available 
                from the Mass Transit Account of the Highway Trust Fund 
                to carry out section 5334, $61,600,000 for fiscal year 
                2004.
                    ``(B) From general fund.--In addition to amounts 
                made available under subparagraph (A), there are 
                authorized to be appropriated to carry out section 
                5334, $15,400,000 for fiscal year 2004.
            ``(2) Fiscal years 2005 through 2009.--There are authorized 
        to be appropriated to carry out section 5334--
                    ``(A) $81,000,000 for fiscal year 2005;
                    ``(B) $84,000,000 for fiscal year 2006;
                    ``(C) $87,000,000 for fiscal year 2007;
                    ``(D) $90,000,000 for fiscal year 2008; and
                    ``(E) $93,000,000 for fiscal year 2009.
    ``(g) Grants as Contractual Obligations.--
            ``(1) Grants financed from highway trust fund.--A grant or 
        contract approved by the Secretary, that is financed with 
        amounts made available under subsection (a)(l)(A), (a)(2), 
        (b)(1)(A), (b)(2), (c)(2), (d)(1)(A), (e)(1)(A), or (f)(1)(A) 
        is a contractual obligation of the Government to pay the 
        Government's share of the cost of the project.
            ``(2) Grants financed from general fund.--A grant or 
        contract, approved by the Secretary, that is financed with 
        amounts made available under subsection (a)(l)(B), (b)(1)(B), 
        (b)(2)(B), (c)(1)(B), (d)(1)(B), (d)(2), (e)(1)(B), (e)(2), 
        (f)(1)(B), or (f)(2) is a contractual obligation of the 
        Government to pay the Government's share of the cost of the 
        project only to the extent that amounts are provided in advance 
        in an appropriations Act.
    ``(h) Availability of Amounts.--Amounts made available by or 
appropriated under subsections (a) through (f) shall remain available 
until expended.''.

SEC. 3035. OVER-THE-ROAD BUS ACCESSIBILITY PROGRAM.

    (a) In General.--Section 3038 of the Transportation Equity Act for 
the 21st Century (49 U.S.C. 5310 note; 112 Stat. 392) is amended--
            (1) by striking the section heading and inserting the 
        following:

``SEC. 3038. OVER-THE-ROAD BUS ACCESSIBILITY PROGRAM'';

            (2) by striking subsection (e) and inserting the following:
    ``(e) Federal Share of Costs.--The Federal share of costs under 
this section shall be provided from funds made available to carry out 
this section. The Federal share of the costs for a project shall not 
exceed 50 percent of the project cost.''; and
            (3) by striking subsection (g) and inserting the following:
    ``(g) Funding.--
            ``(1) Of the amounts made available to carry out this 
        section in each fiscal year, 75 percent shall be available for 
        operators of over-the-road buses used substantially or 
        exclusively in intercity, fixed-route over-the-road bus service 
        to finance the incremental capital and training costs of the 
        Department of Transportation's final rule regarding 
        accessibility of over-the-road buses. Such amounts shall remain 
        available until expended.
            ``(2) Of the amounts made available to carry out this 
        section in each fiscal year, 25 percent shall be available for 
        operators of other over-the-road bus service to finance the 
        incremental capital and training costs of the Department of 
        Transportation's final rule regarding accessibility of over-
        the-road buses. Such amounts shall remain available until 
        expended.''.
    (b) Conforming Amendments.--The table of contents contained in 
section 1(b) of the Transportation Equity Act for the 21st Century (112 
Stat. 107) is amended by striking the item relating to section 3038 and 
inserting the following:

``Sec. 3038. Over-the-road bus accessibility program.''.

SEC. 3036. UPDATED TERMINOLOGY.

    Chapter 53, including the chapter analysis, is amended by striking 
``mass'' each place it appears before ``transportation'' and inserting 
``public'', except in sections 5301(f), 5302(a)(7), 5315, 5323(a)(1), 
and 5323(a)(1)(B).

SEC. 3037. PROJECTS FOR NEW FIXED GUIDEWAY SYSTEMS AND EXTENSIONS TO 
              EXISTING SYSTEMS.

    (a) Existing Full Funding Grant Agreements.--The following projects 
are authorized for final design and construction for existing full 
funding grant agreements:
            (1) Atlanta-North Springs Extension.
            (2) Baltimore-Central LRT Double Tracking.
            (3) Boston-South Boston Piers Transitway MOS-2.
            (4) Chicago-Chicago Transit Authority Douglas Branch 
        Reconstruction.
            (5) Dallas-North Central LRT Extension.
            (6) Denver Southeast Corridor LRT.
            (7) Fort Lauderdale-Tri-Rail Commuter Rail Upgrade.
            (8) Los Angeles-North Hollywood MOS-3.
            (9) Memphis-Medical Center Extension.
            (10) Metra North Central Corridor Commuter Rail.
            (11) Metra Southwest Corridor Commuter Rail.
            (12) Metra Union-Pacific West Line Extension.
            (13) Minneapolis-Hiawatha Corridor LRT.
            (14) New Jersey Urban Core-Hudson-Bergen LRT.
            (15) Newark Rail Link.
            (16) New Orleans-Canal Street.
            (17) Northern New Jersey--Hudson-Bergen LRT MOS-2.
            (18) Pittsburgh-Stage II LRT Reconstruction.
            (19) Portland-Interstate MAX LRT Extension.
            (20) Salt Lake City-CBD to University LRT.
            (21) Salt Lake City-Medical Center.
            (22) San Diego-Mission Valley East LRT Extension.
            (23) San Diego-Oceanside Escondido Rail Corridor.
            (24) San Francisco-BART Extension to San Francisco Airport.
            (25) San Juan-Tren Urbano.
            (26) Seattle-Central Link Initial Segment LRT.
            (27) St. Louis St. Clair-MetroLink Extension Phase IIa.
            (28) Washington DC/MD-Largo Metrorail Extension.
    (b) Alternatives Analysis, Preliminary Engineering, Final Design, 
and Construction.--The following projects are authorized for 
alternatives analysis, preliminary engineering, final design, and 
construction for fiscal years 2004 through 2009 under section 
5309(m)(I)(B) of title 49, United States Code: [List to be supplied.]

SEC. 3038. PROJECTS FOR BUS AND BUS-RELATED FACILITIES.

    Of the amounts made available to carry out section 5309(m)(1)(C) of 
title 49, United States Code, for each of fiscal years 2004 through 
2006, the Secretary shall make funds available for the following 
projects in not less than the amounts specified for the fiscal year: 
[List to be supplied.]

SEC. 3039. FUEL CELL BUS PROGRAM.

    [Reserved.]

SEC. 3040. 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 ``2003'' and inserting ``2009''.

SEC. 3041. HIGH-INTENSITY SMALL-URBANIZED AREA FORMULA GRANT PROGRAM.

    (a) Definitions.--In this section, the following definitions apply:
            (1) Eligible area.--The term ``eligible area'' means an 
        urbanized area with a population of less than 200,000 that 
        meets or exceeds in one or more performance categories the 
        industry average for all urbanized areas with a population of 
        at least 200,000 but not more than 999,999, as determined by 
        the Secretary in accordance with subsection (c)(2).
            (2) Performance category.--The term ``performance 
        category'' means each of the following:
                    (A) Passenger miles traveled per vehicle revenue 
                mile.
                    (B) Passenger miles traveled per vehicle revenue 
                hour.
                    (C) Vehicle revenue miles per capita.
                    (D) Vehicle revenue hours per capita.
                    (E) Passenger miles traveled per capita.
                    (F) Passengers per capita.
    (b) General Authority.--In order to address the needs of small 
urbanized areas with unusually high levels of public transportation 
service, the Secretary shall make capital and operating grants under 
this section to eligible recipients described in subsection (d) for use 
in eligible areas.
    (c) Apportionment.--
            (1) Apportionment formula.--Funds made available for grants 
        under this section in a fiscal year shall be apportioned among 
        eligible areas in the ratio that--
                    (A) the number of performance categories for which 
                each eligible area meets or exceeds the industry 
                average in urbanized areas with a population of at 
                least 200,000 but not more than 999,999; bears to
                    (B) the aggregate number of performance categories 
                for which all eligible areas meet or exceed the 
                industry average in urbanized areas with a population 
                of at least 200,000 but not more than 999,999.
            (2) Data used in formula.--The Secretary shall calculate 
        apportionments under this subsection for a fiscal year using 
        data from the national transit database used to calculate 
        apportionments for that fiscal year under section 5336 of title 
        49, United States Code.
    (d) Eligible Recipient.--Grant amounts apportioned to an eligible 
area under this section shall be made available to a public 
transportation agency or other governmental entity in the eligible area 
for obligation in the eligible area.
    (e) Government's Share of Costs.--
            (1) Capital grants.--A grant for a capital project under 
        this section (including associated capital maintenance items) 
        shall be for 80 percent of the net capital costs of the 
        project, as determined by the Secretary. The recipient may 
        provide additional local matching amounts for such projects.
            (2) Operating grants.--A grant 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 may 
        be provided from an undistributed cash surplus, a replacement 
        or depreciation cash fund or reserve, or new capital.
    (f) Period of Availability.--Funds apportioned under this section 
to an eligible area shall remain available for obligation in that 
eligible area for a period of 3 years after the last day of the fiscal 
year for which the funds are authorized. Any amounts so apportioned 
that remain unobligated at the end of that period shall be added to the 
amount that may be apportioned under this section in the next fiscal 
year.
    (g) Application of Other Sections.--Sections 5302, 5318, 5323, 
5332, 5333, and 5336(e) of title 49, United States Code, apply to this 
section and to a grant made under this section.
    (h) Funding.--Of the amounts made available to carry out section 
5307 of title 49, United States Code, $35,000,000 for fiscal year 2004, 
$38,000,000 for fiscal year 2005, $41,000,000 for fiscal year 2006, 
$44,000,000 for fiscal year 2007, $47,000,000 for fiscal year 2008, and 
$50,000,000 for fiscal year 2009 shall be available to carry out this 
section.
    (i) Technical Amendments.--Section 5336 is amended--
            (1) in subsection (a) by striking ``of this title'' and 
        inserting ``to carry out section 5307'';
            (2) in subsection (j) by striking ``a grant made under'' 
        each place it appears and inserting ``a grant made with funds 
        apportioned under''; and
            (3) in subsection (k)(1) by striking ``section 5302(a)(13) 
        of this title'' and inserting ``section 5302(a)''.

SEC. 3042. ALLOCATIONS FOR NATIONAL RESEARCH AND TECHNOLOGY PROGRAMS.

    (a) In General.--Amounts appropriated pursuant to section 5338(d) 
of title 49, United States Code, for national research and technology 
programs under sections 5312, 5314, and 5322 of such title shall be 
allocated as follows:
            (1) Safety and emergency preparedness.--For carrying out 
        safety and emergency preparedness research activities 
        consisting of technical assistance, training, and data analysis 
        and reporting to improve public transportation system safety 
        and security and emergency preparedness--
                    (A) $6,300,000 for fiscal year 2004;
                    (B) $7,900,000 for fiscal year 2005;
                    (C) $9,200,000 for fiscal year 2006;
                    (D) $10,100,000 for fiscal year 2007;
                    (E) $11,400,000 for fiscal year 2008; and
                    (F) $12,750,000 for fiscal year 2009.
            (2) Equipment and infrastructure.--For carrying out 
        equipment and infrastructure research activities on public 
        transportation and infrastructure technologies and methods and 
        voluntary industry standards development--
                    (A) $5,200,000 for fiscal year 2004;
                    (B) $6,500,000 for fiscal year 2005;
                    (C) $7,700,000 for fiscal year 2006;
                    (D) $8,400,000 for fiscal year 2007;
                    (E) $9,500,000 for fiscal year 2008; and
                    (F) $10,600,000 for fiscal year 2009.
            (3) Public transportation operations efficiency.--For 
        carrying out public transportation operations efficiency 
        research activities on high-performance public transportation 
        services and other innovations in fleet operations and 
        maintenance--
                    (A) $4,200,000 for fiscal year 2004;
                    (B) $5,300,000 for fiscal year 2005;
                    (C) $6,100,000 for fiscal year 2006;
                    (D) $6,700,000 for fiscal year 2007;
                    (E) $7,600,000 for fiscal year 2008; and
                    (F) $8,500,000 for fiscal year 2009.
            (4) Energy independence and environmental protection.--For 
        carrying out energy independence and environmental protection 
        research activities on improved public transportation energy 
        use and propulsion systems and public transportation oriented 
        development--
                    (A) $3,100,000 for fiscal year 2004;
                    (B) $4,000,000 for fiscal year 2005;
                    (C) $4,600,000 for fiscal year 2006;
                    (D) $5,000,000 for fiscal year 2007;
                    (E) $5,700,000 for fiscal year 2008; and
                    (F) $6,400,000 for fiscal year 2009.
            (5) Mobility management.--For carrying out research 
        activities on mobility management, as described in section 
        5302(a)(1) of title 49, United States Code--
                    (A) $6,300,000 for fiscal year 2004;
                    (B) $7,900,000 for fiscal year 2005;
                    (C) $9,200,000 for fiscal year 2006;
                    (D) $10,100,000 for fiscal year 2007;
                    (E) $11,400,000 for fiscal year 2008; and
                    (F) $12,750,000 for fiscal year 2009.
            (6) Public transportation capacity building.--For carrying 
        out public transportation capacity building activities 
        consisting of workforce and industry development, the 
        International Mass Transportation Program, and technology 
        transfer and industry adoption activities--
                    (A) $2,100,000 for fiscal year 2004;
                    (B) $2,600,000 for fiscal year 2005;
                    (C) $3,100,000 for fiscal year 2006;
                    (D) $3,400,000 for fiscal year 2007;
                    (E) $3,800,000 for fiscal year 2008; and
                    (F) $4,300,000 for fiscal year 2009.
            (7) Strategic planning and performance measures.--For 
        carrying out strategic planning and performance measures 
        consisting of policy and program development, research program 
        planning and performance, evaluation, and industry outreach--
                    (A) $3,100,000 for fiscal year 2004;
                    (B) $4,000,000 for fiscal year 2005;
                    (C) $4,600,000 for fiscal year 2006;
                    (D) $5,000,000 for fiscal year 2007;
                    (E) $5,700,000 for fiscal year 2008; and
                    (F) $6,400,000 for fiscal year 2009.
    (b) Remainder.--After making allocations under subsection (a) of 
this section and section 5338(d)(2) of title 49, United States Code, 
the remainder of funds made available by section 5338(d)(2) of such 
title for national research and technology programs under sections 
5312, 5314, and 5322 for a fiscal year shall be allocated at the 
discretion of the Secretary to other transit research, development, 
demonstration and deployment projects authorized by sections 5312, 5314 
and 5322 of such title.

SEC. 3043. OBLIGATION CEILING.

    Notwithstanding any other provision of law, the total of all 
obligations from amounts made available from the Mass Transit Account 
of the Highway Trust Fund by, and amounts appropriated under, 
subsections (a) through (f) of section 5338 of title 49, United States 
Code, shall not exceed--
            (1) $8,200,000,000 for fiscal year 2004;
            (2) $9,700,000,000 for fiscal year 2005;
            (3) $10,900,000,000 for fiscal year 2006;
            (4) $12,200,000,000 for fiscal year 2007;
            (5) $13,400,000,000 for fiscal year 2008; and
            (6) $14,800,000,000 for fiscal year 2009.

SEC. 3044. ADJUSTMENTS FOR THE SURFACE TRANSPORTATION EXTENSION ACT OF 
              2003.

    (a) In General.--Notwithstanding any other provision of law, the 
Secretary shall ensure that the total apportionments and allocations 
made to a designated grant recipient under section 5338 of title 49, 
United States Code, for fiscal year 2004 shall be reduced by the amount 
apportioned to such designated recipient pursuant to section 8 of the 
Surface Transportation Extension Act of 2003 (117 Stat. 1121).
    (b) Fixed Guideway Modernization Adjustment.--In making the 
apportionments described in subsection (a), the Secretary shall adjust 
the amount apportioned to each urbanized area for fixed guideway 
modernization for fiscal year 2004 to reflect the method for 
apportioning funds in section 5337(a) of title 49, United States Code.

                     TITLE IV--MOTOR CARRIER SAFETY

SEC. 4001. AUTHORIZATION OF APPROPRIATIONS.

    (a) Administrative Expenses.--Section 31104 of title 49, United 
States Code, is amended by adding the following at the end:
    ``(i) Administrative Expenses.--
            ``(1) Authorization of appropriations.--There are 
        authorized to be appropriated from the Highway Trust Fund 
        (other than the Mass Transit Account) for the Secretary of 
        Transportation to pay administrative expenses of the Federal 
        Motor Carrier Safety Administration--
                    ``(A) $235,000,000 for fiscal year 2004;
                    ``(B) $244,000,000 for fiscal year 2005;
                    ``(C) $252,000,000 for fiscal year 2006;
                    ``(D) $261,000,000 for fiscal year 2007;
                    ``(E) $269,000,000 for fiscal year 2008; and
                    ``(F) $279,000,000 for fiscal year 2009.
            ``(2) Use of funds.--The funds authorized by this 
        subsection shall be used for personnel costs; administrative 
        infrastructure; rent; information technology; programs for 
        research and technology, information management, regulatory 
        development (including a medical review board), the 
        administration of the performance and registration information 
        system management, and outreach and education; other operating 
        expenses; and such other expenses as may from time to time 
        become necessary to implement statutory mandates of the 
        Administration not funded from other sources.
            ``(3) Period of availability.--The amounts made available 
        under this section shall remain available until expended.
            ``(4) Initial date of availability.--Authorizations from 
        the Highway Trust Fund (other than the Mass Transit Account) to 
        carry out subtitle IV, part B, and subtitle VI, part B, of this 
        title, or the provisions of title IV of the Transportation 
        Equity Act: A Legacy for Users, shall be available for 
        obligation on the date of their apportionment or allocation or 
        on October 1 of the fiscal year for which they are authorized, 
        whichever occurs first.
            ``(5) Contract authority.--Approval by the Secretary of a 
        grant with funds made available under paragraph (4) imposes 
        upon the United States a contractual obligation for payment of 
        the Government's share of costs incurred in carrying out the 
        objectives of the grant.''.
    (b) Grant Programs.--There are authorized to be appropriated from 
the Highway Trust Fund (other than the Mass Transit Account) the 
following sums for the following Federal Motor Carrier Safety 
Administration programs:
            (1) For commercial driver's license program improvement 
        grants under section 31313 of title 49, United States Code--
                    (A) $22,000,000 for fiscal year 2004;
                    (B) $22,000,000 for fiscal year 2005;
                    (C) $23,000,000 for fiscal year 2006;
                    (D) $23,000,000 for fiscal year 2007;
                    (E) $24,000,000 for fiscal year 2008; and
                    (F) $25,000,000 for fiscal year 2009.
            (2) For border enforcement grants under section 31107 of 
        such title--
                    (A) $32,000,000 for fiscal year 2004;
                    (B) $33,000,000 for fiscal year 2005;
                    (C) $33,000,000 for fiscal year 2006;
                    (D) $34,000,000 for fiscal year 2007;
                    (E) $35,000,000 for fiscal year 2008; and
                    (F) $36,000,000 for fiscal year 2009.
            (3) For the performance and registration information system 
        management grant program under section 31109 of such title--
                    (A) $4,000,000 for fiscal year 2004;
                    (B) $4,000,000 for fiscal year 2005;
                    (C) $4,000,000 for fiscal year 2006;
                    (D) $4,000,000 for fiscal year 2007;
                    (E) $4,000,000 for fiscal year 2008; and
                    (F) $4,000,000 for fiscal year 2009.
            (4) Commercial vehicle information systems and networks 
        deployment.--For carrying out the commercial vehicle 
        information systems and networks deployment program under 
        section 4009 of this Act, $25,000,000 for each of fiscal years 
        2004 through 2009.
    (c) Period of Availability.--The amounts made available under 
subsection (b) of this section shall remain available until expended.
    (d) Initial Date of Availability.--Amounts authorized to be 
appropriated from the Highway Trust Fund (other than the Mass Transit 
Account) by subsection (b) shall be available for obligation on the 
date of their apportionment or allocation or on October 1 of the fiscal 
year for which they are authorized, whichever occurs first.
    (e) Contract Authority.--Approval by the Secretary of a grant with 
funds made available under subsection (b) imposes upon the United 
States a contractual obligation for payment of the Government's share 
of costs incurred in carrying out the objectives of the grant.

SEC. 4002. MOTOR CARRIER SAFETY GRANTS.

    (a) State Plan Contents.--Section 31102(b)(1) of title 49, United 
States Code, is amended--
            (1) by striking subparagraph (A) and inserting the 
        following:
            ``(A) implements performance-based activities, including 
        deployment of technology to enhance the efficiency and 
        effectiveness of commercial motor vehicle safety programs;'';
            (2) by striking subparagraph (Q) and inserting the 
        following:
            ``(Q) provides that the State has established a program to 
        ensure accurate, complete, and timely motor carrier safety data 
        is collected and reported to the Secretary and includes a 
        procedure to allow necessary corrections of incorrect data;'';
            (3) by aligning subparagraph (R) with subparagraph (S);
            (4) by striking ``and'' at the end of subparagraph (S);
            (5) by striking the period at the end of subparagraph (T) 
        and inserting a semicolon; and
            (6) by adding at the end the following:
                    ``(U) provides that the State will include in the 
                training manual for the licensing examination to drive 
                a noncommercial motor vehicle and a commercial motor 
                vehicle, information on best practices for driving 
                safely in the vicinity of commercial motor vehicles and 
                in the vicinity of noncommercial motor vehicles, 
                respectively;
                    ``(V) provides that the State will enforce the 
                registration requirements of section 13902 by placing 
                out of service any vehicle discovered to be operated by 
                a motor carrier without a registration issued under 
                such section or to be operating beyond the scope of 
                such registration; and
                    ``(W) provides that the State will conduct 
                comprehensive and highly visible traffic enforcement 
                and commercial motor vehicle safety inspection programs 
                in high-risk locations and corridors.''.
    (b) Use of Grants To Enforce Other Laws.--Section 31102 of such 
title is amended--
            (1) by striking subsection (c) and inserting the following:
    ``(c) Use of Grants To Enforce Other Laws.--A State may use amounts 
received under a grant under subsection (a)--
            ``(1) for the following activities if the activities are 
        carried out in conjunction with an appropriate inspection of 
        the commercial motor vehicle to enforce Government or State 
        commercial motor vehicle safety regulations:
                    ``(A) enforcement of commercial motor vehicle size 
                and weight limitations at locations other than fixed 
                weight facilities, at specific locations such as steep 
                grades or mountainous terrains where the weight of a 
                commercial motor vehicle can significantly affect the 
                safe operation of the vehicle, or at ports where 
                intermodal shipping containers enter and leave the 
                United States; and
                    ``(B) detection of the unlawful presence of a 
                controlled substance (as defined under section 102 of 
                the Comprehensive Drug Abuse Prevention and Control Act 
                of 1970 (21 U.S.C. 802)) in a commercial motor vehicle 
                or on the person of any occupant (including the 
                operator) of the vehicle; and
            ``(2) for documented enforcement of State traffic laws and 
        regulations designed to promote the safe operation of 
        commercial motor vehicles, including documented enforcement of 
        such laws and regulations relating to noncommercial motor 
        vehicles when necessary to promote the safe operation of 
        commercial motor vehicles if the number of roadside safety 
        inspections conducted in the State is maintained at a level at 
        least equal to the average number conducted in the State in 
        fiscal years 2001, 2002, and 2003; except that the State may 
        not use more than 5 percent of the aggregate amount the State 
        receives under the grant under subsection (a) for enforcement 
        activities relating to noncommercial motor vehicles described 
        in this paragraph.''; and
            (2) by adding at the end the following:
    ``(e) Annual Report.--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 
an annual report that describes the effect of activities carried out 
with funds from grants made under this section on commercial motor 
vehicle safety.''.
    (c) Authorization of Appropriations.--Section 31104(a) of such 
title is amended to read as follows:
    ``(a) In General.--Subject to subsection (f), there are authorized 
to be appropriated from the Highway Trust Fund (other than the Mass 
Transit Account) to carry out section 31102--
            ``(1) $182,000,000 for fiscal year 2004;
            ``(2) $187,000,000 for fiscal year 2005;
            ``(3) $193,000,000 for fiscal year 2006;
            ``(4) $198,000,000 for fiscal year 2007;
            ``(5) $204,000,000 for fiscal year 2008; and
            ``(6) $210,000,000 for fiscal year 2009.''.
    (d) New Entrant Audits.--Section 31104(f) of such title is 
amended--
            (1) in paragraph (1) by striking ``deduction under 
        subsection (e)'' and inserting ``deductions under subsection 
        (e) and paragraphs (2) and (3)'';
            (2) the first sentence of paragraph (2)(A)--
                    (A) by striking ``or''; and
                    (B) by inserting after ``technologies'' the 
                following: ``, or improve the quality and accuracy of 
                data provided by the State'';
            (3) in paragraph (2)--
                    (A) by striking ``and border activities.--'' and 
                all that follows through ``5 percent'' and inserting 
                ``activities.--The Secretary may designate up to 10 
                percent''; and
                    (B) by striking subparagraph (B); and
            (4) by adding at the end the following:
            ``(3) New entrant audits.--The Secretary may deduct up to 
        $17,000,000 of the amounts available under subsection (a) for a 
        fiscal year for audits of new entrant motor carriers under 
        section 31144(g).''.
    (e) Technical Amendment.--Section 31102(b) of such title is amended 
by striking ``(1)(D)'' and inserting ``(1)(E)''.

SEC. 4003. BORDER ENFORCEMENT GRANTS.

    (a) In General.--Chapter 311 of title 49, United States Code, is 
amended--
            (1) by striking

    ``SUBCHAPTER I--STATE GRANTS AND OTHER COMMERCIAL MOTOR VEHICLE 
                               PROGRAMS''

        and inserting the following:

          ``SUBCHAPTER I--GENERAL AUTHORITY AND STATE GRANTS''

        ; and
            (2) by striking section 31107 and inserting the following:
``Sec. 31107. Border enforcement grants
    ``(a) General Authority.--The Secretary of Transportation may make 
a grant in a fiscal year to a State that shares a land border with 
another country for carrying out border commercial motor vehicle safety 
programs and related enforcement activities and projects.
    ``(b) Maintenance of Expenditures.--The Secretary may make a grant 
to a State under this section only if the State agrees that the total 
expenditure of amounts of the State and political subdivisions of the 
State, exclusive of amounts from the United States, for carrying out 
border commercial motor vehicle safety programs and related enforcement 
activities and projects will be maintained at a level at least equal to 
the average level of that expenditure by the State and political 
subdivisions of the State for the last 2 fiscal years of the State 
ending before the date of enactment of the Transportation Equity Act: A 
Legacy for Users.
    ``(c) Governments Share of Costs.--The Secretary shall reimburse a 
State under a grant made under this section an amount that is not more 
than 100 percent of the costs incurred by the State in a fiscal year 
for carrying out border commercial motor vehicle safety programs and 
related enforcement activities and projects.
    ``(d) Availability and Reallocation of Amounts.--Allocations to a 
State remain available for expenditure in the State for the fiscal year 
in which they are allocated and for the next fiscal year. Amounts not 
expended by a State during those 2 fiscal years are available to the 
Secretary for reallocation under this section.''.
    (b) Conforming Amendments.--The analysis for such chapter is 
amended--
            (1) by striking

    ``SUBCHAPTER I--STATE GRANTS AND OTHER COMMERCIAL MOTOR VEHICLE 
                               PROGRAMS''

        and inserting the following:

          ``SUBCHAPTER I--GENERAL AUTHORITY AND STATE GRANTS''

        ; and
            (2) by striking the item relating to section 31107 and 
        inserting the following:

``31107. Border enforcement grants.''.

SEC. 4004. COMMERCIAL DRIVER'S LICENSE IMPROVEMENTS.

    (a) State Grants.--Chapter 313 of title 49, United States Code, is 
amended by inserting after section 31312 the following:
``Sec. 31313. Grants for commercial driver's license program 
              improvements
    ``(a) Grants for Commercial Driver's License Program 
Improvements.--
            ``(1) General authority.--The Secretary of Transportation 
        may make a grant to a State in a fiscal year--
                    ``(A) to comply with the requirements of section 
                31311; and
                    ``(B) in the case of a State that is in substantial 
                compliance with the requirements of section 31311 and 
                this section, to improve its implementation of its 
                commercial driver's license program.
            ``(2) Purposes for which grants may be used.--A State may 
        use grants under paragraphs (1)(A) and (1)(B) only for expenses 
        directly related to its compliance with section 31311; except 
        that a grant under paragraph (1)(B) may be used for improving 
        implementation of the State's commercial driver's license 
        program, including expenses for computer hardware and software, 
        publications, testing, personnel, training, and quality 
        control. The grant may not be used to rent, lease, or buy land 
        or buildings.
            ``(3) Application.--In order to receive a grant under this 
        section, a State must submit an application for such grant that 
        is in such form, and contains such information, as the 
        Secretary may require. The application shall include the 
        State's assessment of its commercial drivers license program.
            ``(4) Maintenance of expenditures.--The Secretary may make 
        a grant to a State under this subsection only if the State 
        agrees that the total expenditure of amounts of the State and 
        political subdivisions of the State, exclusive of amounts from 
        the United States, for the State's commercial driver's license 
        program will be maintained at a level at least equal to the 
        average level of that expenditure by the State and political 
        subdivisions of the State for the last 2 fiscal years of the 
        State ending before the date of enactment of the Transportation 
        Equity Act: A Legacy for Users.
            ``(5) Government share.--The Secretary shall reimburse a 
        State under a grant made under this subsection an amount that 
        is not more than 80 percent of the costs incurred by the State 
        in a fiscal year in complying with section 31311 and improving 
        its implementation of its commercial driver's license program. 
        In determining such costs, the Secretary shall include in-kind 
        contributions by the State. Amounts required to be expended by 
        the State under paragraph (4) may not be included as part of 
        the non-Federal share of such costs.
    ``(b) High-Priority Activities.--
            ``(1) Grants for national concerns.--The Secretary may make 
        a grant to a State agency, local government, or other person 
        for 100 percent of the costs of research, development, 
        demonstration projects, public education, and other special 
        activities and projects relating to commercial driver licensing 
        and motor vehicle safety that are of benefit to all 
        jurisdictions of the United States or are designed to address 
        national safety concerns and circumstances.
            ``(2) Funding.--The Secretary may deduct up to 10 percent 
        of the amounts made available to carry out this section for a 
        fiscal year to make grants under this subsection.''.
    (b) Conforming Amendment.--The analysis for such chapter is amended 
by inserting after the item relating to section 31312 the following:

``31313. Grants for commercial driver's license program 
                            improvements.''.
    (c) Amounts Withheld.--Subsections (a) and (b) of section 31314 of 
such title are each amended by inserting ``up to'' after ``withhold''.

SEC. 4005. HOBBS ACT.

    (a) Jurisdiction of Court of Appeals Over Commercial Motor Vehicle 
Safety Regulation and Operators and Motor Carrier Safety.--Section 
2342(3)(A) of title 28, United States Code, is amended by inserting 
before ``of title 49'' the following: ``, subchapter III of chapter 
311, chapter 313, or chapter 315''.
    (b) Judicial Review.--Section 351(a) of title 49, United States 
Code, is amended by striking ``Federal Highway Administration'' and 
inserting ``Federal Motor Carrier Safety Administration''.
    (c) Authority To Carry Out Certain Transferred Duties and Powers.--
Section 352 of title 49, United States Code, is amended by striking 
``Federal Highway Administration'' and inserting ``Federal Motor 
Carrier Safety Administration''.

SEC. 4006. PENALTY FOR DENIAL OF ACCESS TO RECORDS.

    Section 521(b) of title 49, United States Code, is amended--
            (1) by striking ``(b)(1)(A) If the Secretary'' and 
        inserting the following:
    ``(b) Violations Relating to Commercial Motor Vehicle Safety 
Regulation and Operators.--
            ``(1) Notice.--
                    ``(A) In general.--If the Secretary''; and
            (2) by adding at the end of paragraph (2) the following:
                    ``(E) Copying of records and access to equipment, 
                lands, and buildings.--A person subject to chapter 51 
                or part B of subtitle VI who fails to allow the 
                Secretary, or an employee designated by the Secretary, 
                promptly upon demand to inspect and copy any record or 
                inspect and examine equipment, lands, buildings, and 
                other property in accordance with section 504(c), 
                5121(c), or 14122(b) shall be liable to the United 
                States for a civil penalty not to exceed $1,000 for 
                each offense. Each day the Secretary is denied the 
                right to inspect and copy any record or inspect and 
                examine equipment, lands, buildings, and other property 
                shall constitute a separate offense; except that the 
                total of all civil penalties against any violator for 
                all offenses related to a single violation shall not 
                exceed $10,000. It shall be a defense to such penalty 
                that the records did not exist at the time of the 
                Secretary's request or could not be timely produced 
                without unreasonable expense or effort. Nothing in this 
                subparagraph shall be construed as amending or 
                superseding any remedy available to the Secretary under 
                section 502(d), section 507(c), or any other provision 
                of this title.''.

SEC. 4007. MEDICAL REVIEW BOARD.

    Section 113 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(j) Medical Review Board.--
            ``(1) Establishment and function.--The Administrator shall 
        establish a Medical Review Board as an advisory committee to 
        provide the Administration with medical advice and 
        recommendations on driver qualification medical standards and 
        guidelines, medical examiner education, and medical research.
            ``(2) Composition.--The Medical Review Board shall consist 
        of 5 members appointed for a term not to exceed 3 years by the 
        Secretary from medical institutions and private medical 
        practice. The membership shall reflect expertise in a variety 
        of medical specialties relevant to the functions of the 
        Administration.''.

SEC. 4008. INCREASED PENALTIES FOR OUT-OF-SERVICE VIOLATIONS AND FALSE 
              RECORDS.

    (a) Recordkeeping and Reporting Violations.--Section 521(b)(2)(B) 
of title 49, United States Code, is amended--
            (1) in clause (i) by striking ``$500'' and inserting 
        ``$1,000''; and
            (2) by striking ``$5,000'' each place it appears and 
        inserting ``$10,000''.
    (b) Violations of Out-of-Service Orders.--Section 31310(i)(2) of 
title 49, United States Code, is amended--
            (1) by striking ``Not later than December 18, 1992, the'' 
        and inserting ``The'';
            (2) in subparagraph (A)--
                    (A) by striking ``90 days'' and inserting ``180 
                days''; and
                    (B) by striking ``$1,000'' and inserting 
                ``$2,500'';
            (3) in subparagraph (B)--
                    (A) by striking ``one year'' and inserting ``2 
                years''; and
                    (B) by striking ``$1,000; and'' and inserting 
                ``$5,000;'';
            (4) in subparagraph (C) by striking ``$10,000.'' and 
        inserting ``$25,000; and''; and
            (5) by adding at the end the following:
                    ``(D) an employer that knowingly and willfully 
                allows or requires an employee to operate a commercial 
                motor vehicle in violation of an out-of-service order 
                shall, upon conviction, be subject for each offense to 
                imprisonment for a term not to exceed one year or a 
                fine under title 18, or both.''.

SEC. 4009. COMMERCIAL VEHICLE INFORMATION SYSTEMS AND NETWORKS 
              DEPLOYMENT.

    (a) In General.--The Secretary shall carry out a commercial vehicle 
information systems and networks program to--
            (1) improve the safety and productivity of commercial 
        vehicles and drivers; and
            (2) reduce costs associated with commercial vehicle 
        operations and Federal and State commercial vehicle regulatory 
        requirements.
    (b) Purpose.--The program shall advance the technological 
capability and promote the deployment of intelligent transportation 
system applications for commercial motor vehicle operations, commercial 
driver, and carrier-specific information systems and networks.
    (c) Core Deployment Grants.--
            (1) In general.--The Secretary shall make grants to 
        eligible States for the core deployment of commercial vehicle 
        information systems and networks.
            (2) Amount of grants.--The maximum aggregate amount the 
        Secretary may grant to a State for the core deployment of 
        commercial vehicle information systems and networks under this 
        subsection and sections 5001(a)(5) and 5001(a)(6) of the 
        Transportation Equity Act for the 21st Century (112 Stat. 420) 
        may not exceed $2,500,000.
            (3) Use of funds.--Funds from a grant under this subsection 
        may only be used for the core deployment of commercial vehicle 
        information systems and networks. An eligible State that has 
        either completed the core deployment of commercial vehicle 
        information systems and networks or completed such deployment 
        before grant funds are expended under this subsection may use 
        the grant funds for the expanded deployment of commercial 
        vehicle information systems and networks in the State.
    (d) Expanded Deployment Grants.--
            (1) In general.--For each fiscal year, from the funds 
        remaining after the Secretary has made grants under subsection 
        (c), the Secretary may make grants to each eligible State, upon 
        request, for the expanded deployment of commercial vehicle 
        information systems and networks.
            (2) Eligibility.--Each State that has completed the core 
        deployment of commercial vehicle information systems and 
        networks in such State is eligible for an expanded deployment 
        grant under this subsection.
            (3) Amount of grants.--Each fiscal year, the Secretary may 
        distribute funds available for expanded deployment grants 
        equally among the eligible States, but not to exceed $1,000,000 
        per State.
            (4) Use of funds.--A State may use funds from a grant under 
        this subsection only for the expanded deployment of commercial 
        vehicle information systems and networks.
    (e) Eligibility.-- To be eligible for a grant under this section, a 
State--
            (1) shall have a commercial vehicle information systems and 
        networks program plan approved by the Secretary that describes 
        the various systems and networks at the State level that need 
        to be refined, revised, upgraded, or built to accomplish 
        deployment of core capabilities;
            (2) shall certify to the Secretary that its commercial 
        vehicle information systems and networks deployment activities, 
        including hardware procurement, software and system 
        development, and infrastructure modifications--
                    (A) are consistent with the national intelligent 
                transportation systems and commercial vehicle 
                information systems and networks architectures and 
                available standards; and
                    (B) promote interoperability and efficiency to the 
                extent practicable; and
            (3) shall agree to execute interoperability tests developed 
        by the Federal Motor Carrier Safety Administration to verify 
        that its systems conform with the national intelligent 
        transportation systems architecture, applicable standards, and 
        protocols for commercial vehicle information systems and 
        networks.
    (f) Federal Share.--The Federal share of the cost of a project 
payable from funds made available to carry out this section shall not 
exceed 50 percent. The total Federal share of the cost of a project 
payable from all eligible sources shall not exceed 80 percent.
    (g) Definitions.--In this section, the following definitions apply:
            (1) Commercial vehicle information systems and networks.--
        The term ``commercial vehicle information systems and 
        networks'' means the information systems and communications 
        networks that provide the capability to--
                    (A) improve the safety of commercial motor vehicle 
                operations;
                    (B) increase the efficiency of regulatory 
                inspection processes to reduce administrative burdens 
                by advancing technology to facilitate inspections and 
                increase the effectiveness of enforcement efforts;
                    (C) advance electronic processing of registration 
                information, driver licensing information, fuel tax 
                information, inspection and crash data, and other 
                safety information;
                    (D) enhance the safe passage of commercial motor 
                vehicles across the United States and across 
                international borders; and
                    (E) promote the communication of information among 
                the States and encourage multistate cooperation and 
                corridor development.
            (2) Commercial motor vehicle operations.--The term 
        ``commercial motor vehicle operations''--
                    (A) means motor carrier operations and motor 
                vehicle regulatory activities associated with the 
                commercial motor vehicle movement of goods, including 
                hazardous materials, and passengers; and
                    (B) with respect to the public sector, includes the 
                issuance of operating credentials, the administration 
                of motor vehicle and fuel taxes, and roadside safety 
                and border crossing inspection and regulatory 
                compliance operations.
            (3) Core deployment.--The term ``core deployment'' means 
        the deployment of systems in a State necessary to provide the 
        State with the following capabilities:
                    (A) Safety information exchange to--
                            (i) electronically collect and transmit 
                        commercial motor vehicle and driver inspection 
                        data at a majority of inspection sites in the 
                        State;
                            (ii) connect to the safety and fitness 
                        electronic records system for access to 
                        interstate carrier and commercial motor vehicle 
                        data, summaries of past safety performance, and 
                        commercial motor vehicle credentials 
                        information; and
                            (iii) exchange carrier data and commercial 
                        motor vehicle safety and credentials 
                        information within the State and connect to 
                        such system for access to interstate carrier 
                        and commercial motor vehicle data.
                    (B) Interstate credentials administration to--
                            (i) perform end-to-end processing, 
                        including carrier application, jurisdiction 
                        application processing, and credential 
                        issuance, of at least the international 
                        registration plan and international fuel tax 
                        agreement credentials and extend this 
                        processing to other credentials, including 
                        intrastate registration, vehicle titling, 
                        oversize vehicle permits, overweight vehicle 
                        permits, carrier registration, and hazardous 
                        materials permits;
                            (ii) connect to such plan and agreement 
                        clearinghouses; and
                            (iii) have at least 10 percent of the 
                        credentialing transaction volume in the State 
                        handled electronically and have the capability 
                        to add more carriers and to extend to branch 
                        offices where applicable.
                    (C) Roadside electronic screening to electronically 
                screen transponder-equipped commercial vehicles at a 
                minimum of one fixed or mobile inspection site in the 
                State and to replicate this screening at other sites in 
                the State.
            (4) Expanded deployment.--The term ``expanded deployment'' 
        means the deployment of systems in a State that exceed the 
        requirements of a core deployment of commercial vehicle 
        information systems and networks, improve safety and the 
        productivity of commercial motor vehicle operations, and 
        enhance transportation security.
    (h) Repeal.--Section 5209 of the Transportation Equity Act for the 
21st Century (23 U.S.C. 502 note; 112 Stat. 460-461) is repealed.

SEC. 4010. SAFETY FITNESS.

    (a) In General.--Subsection (a) of section 31144 of title 49, 
United States Code, is amended to read as follows:
    ``(a) In General.--The Secretary shall--
            ``(1) determine whether an owner or operator is fit to 
        operate safely commercial motor vehicles, utilizing among other 
        things the accident record of an owner or operator operating in 
        interstate commerce and the accident record and safety 
        inspection record of such owner or operator in operations that 
        affect interstate commerce;
            ``(2) periodically update such safety fitness 
        determinations;
            ``(3) make such final safety fitness determinations readily 
        available to the public; and
            ``(4) prescribe by regulation penalties for violations of 
        this section consistent with section 521.''.
    (b) Prohibited Transportation.--The first subsection (c) of such 
section 31144 is amended by adding at the end the following:
            ``(5) Transportation affecting interstate commerce.--Owners 
        or operators of commercial motor vehicles prohibited from 
        operating in interstate commerce pursuant to paragraphs (1) 
        through (3) may not operate any commercial motor vehicle that 
        affects interstate commerce until the Secretary determines that 
        such owner or operator is fit.''.
    (c) Determination of Unfitness by a State.--Such section 31144 is 
further amended--
            (1) by redesignating subsections (d), (e), and the second 
        subsection (c) as subsections (e), (f), and (g), respectively;
            (2) by inserting after the first subsection (c) the 
        following:
    ``(d) Determination of Unfitness by a State.--If a State that 
receives a grant under section 31102 determines, by applying the 
standards prescribed by the Secretary under subsection (b), that an 
owner or operator of commercial motor vehicles that has its principal 
place of business in that State and operates in intrastate commerce is 
unfit under such standards and prohibits the owner or operator from 
operating such vehicles in the State, the Secretary shall prohibit the 
owner or operator from operating such vehicles in interstate commerce 
until the State determines that the owner or operator is fit.''; and
            (3) in subsection (g) (as redesignated by paragraph (1) of 
        this subsection) by adding at the end the following:
            ``(5) Grants for audits.--From amounts deducted under 
        section 31104(f)(3), the Secretary may make grants to States 
        and local governments for new entrant motor carrier audits 
        under this subsection without requiring a matching contribution 
        from such States or local governments.
            ``(6) DOT audits.--If the Secretary determines that a State 
        or local government is unable to use government employees to 
        conduct new entrant motor carrier audits, the Secretary may 
        utilize the funds deducted under section 31104(f)(3) to conduct 
        such audits in areas under the jurisdiction of such State or 
        local government.''.

SEC. 4011. PATTERN OF SAFETY VIOLATIONS BY MOTOR CARRIER OR BROKER 
              MANAGEMENT.

    (a) Duties of Employers and Employees.--Section 31135 of title 49, 
United States Code, is amended--
            (1) by inserting ``(a) In General.--'' before ``Each''; and
            (2) by adding at the end the following:
    ``(b) Pattern of Noncompliance.--If an officer of a motor carrier 
or broker engages in a pattern or practice of avoiding compliance, or 
masking or otherwise concealing noncompliance, with regulations 
prescribed under this chapter, the Secretary may suspend, amend, or 
revoke any part of the registration of the motor carrier or broker 
under section 13905.
    ``(c) List of Proposed Officers.--Each person seeking registration 
as a motor carrier under section 13902 or as a broker under section 
13904 shall submit a list of the proposed officers of the motor carrier 
or broker. If the Secretary determines that any of the proposed 
officers has previously engaged in a pattern or practice of avoiding 
compliance, or masking or otherwise concealing noncompliance, with 
regulations prescribed under this chapter, the Secretary may deny the 
person's application for registration as a motor carrier under section 
13902(a)(3) or as a broker under section 13904(a).
    ``(d) Regulations.--The Secretary shall by regulation establish 
standards to implement subsections (b) and (c) and a procedure to allow 
a person who is denied registration under subsection (c) or whose 
registration is suspended, amended, or revoked under subsection (b) to 
remedy the pattern or practice that results in the denial, suspension, 
amendment, or revocation.
    ``(e) Definitions.--In this section, the following definitions 
shall apply:
            ``(1) Motor carrier and broker.--The terms `motor carrier' 
        and `broker' have the meanings such terms have under section 
        13102.
            ``(2) Officer.--The term `officer' means an owner, chief 
        executive officer, chief operating officer, chief financial 
        officer, safety director, vehicle maintenance supervisor, and 
        driver supervisor of a motor carrier, regardless of the title 
        attached to those functions.''.
    (b) Motor Carrier Registration.--Section 13902(a)(1)(B) of such 
title is amended to read as follows:
                    ``(B)(i) any safety regulations imposed by the 
                Secretary;
                    ``(ii) the duties of employers and employees 
                established by the Secretary under section 31135; and
                    ``(iii) the safety fitness requirements established 
                by the Secretary under section 31144; and''.

SEC. 4012. MOTOR CARRIER RESEARCH AND TECHNOLOGY PROGRAM.

    (a) In General.--Section 31108 of title 49, United States Code, is 
amended to read as follows:
``Sec. 31108. Motor carrier research and technology program
    ``(a) Research, Technology, and Technology Transfer Activities.--
            ``(1) Establishment.--The Secretary of Transportation shall 
        establish and carry out a motor carrier research and technology 
        program.
            ``(2) Multi-year plan.--The program must include a multi-
        year research plan that focuses on nonredundant innovative 
        research.
            ``(3) Research, development, and technology transfer 
        activities.--The Secretary may carry out under the program 
        research, development, technology, and technology transfer 
        activities with respect to--
                    ``(A) the causes of accidents, injuries, and 
                fatalities involving commercial motor vehicles;
                    ``(B) means of reducing the number and severity of 
                accidents, injuries, and fatalities involving 
                commercial motor vehicles;
                    ``(C) improving commercial motor vehicle and motor 
                carrier safety, and industry efficiency, through 
                technological improvement;
                    ``(D) improving technology used by enforcement 
                officers when conducting roadside inspections and 
                compliance reviews to increase efficiency and 
                information transfers; and
                    ``(E) increasing the safety and security of 
                hazardous materials transportation.
            ``(4) Tests and development.--The Secretary may test, 
        develop, or assist in testing and developing any material, 
        invention, patented article, or process related to the research 
        and technology program.
            ``(5) Training.--The Secretary may use the funds made 
        available to carry out this section for training or education 
        of commercial motor vehicle safety personnel, including 
        training in accident reconstruction and detection of controlled 
        substances or other contraband and stolen cargo or vehicles.
            ``(6) Procedures.--The Secretary may carry out this 
        section--
                    ``(A) independently;
                    ``(B) in cooperation with other Federal 
                departments, agencies, and instrumentalities and 
                Federal laboratories; or
                    ``(C) by making grants to, or entering into 
                contracts, cooperative agreements, and other 
                transactions with, any Federal laboratory, State 
                agency, authority, association, institution, for-profit 
                or nonprofit corporation, organization, foreign 
                country, or person.
            ``(7) Development and promotion of use of products.--The 
        Secretary shall use funds made available to carry out this 
        section to develop, administer, communicate, and promote the 
        use of products of research, technology, and technology 
        transfer programs under this section.
    ``(b) Collaborative Research and Development.--
            ``(1) In general.--To advance innovative solutions to 
        problems involving commercial motor vehicle and motor carrier 
        safety, security, and efficiency, and to stimulate the 
        deployment of emerging technology, the Secretary may carry out, 
        on a cost-shared basis, collaborative research and development 
        with--
                    ``(A) non-Federal entities, including State and 
                local governments, foreign governments, colleges and 
                universities, corporations, institutions, partnerships, 
                and sole proprietorships that are incorporated or 
                established under the laws of any State; and
                    ``(B) Federal laboratories.
            ``(2) Cooperative agreements.--In carrying out this 
        subsection, the Secretary may enter into cooperative research 
        and development agreements (as defined in section 12 of the 
        Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
        3710a)).
            ``(3) Cost sharing.--
                    ``(A) Federal share.--The Federal share of the cost 
                of activities carried out under a cooperative research 
                and development agreement entered into under this 
                subsection shall not exceed 50 percent; except that, if 
                there is substantial public interest or benefit 
                associated with any such activity, the Secretary may 
                approve a greater Federal share.
                    ``(B) Treatment of directly incurred non-federal 
                costs.--All costs directly incurred by the non-Federal 
                partners, including personnel, travel, and hardware or 
                software development costs, shall be credited toward 
                the non-Federal share of the cost of the activities 
                described in subparagraph (A).
            ``(4) Use of technology.--The research, development, or use 
        of a technology under a cooperative research and development 
        agreement entered into under this subsection, including the 
        terms under which the technology may be licensed and the 
        resulting royalties may be distributed, shall be subject to the 
        Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
        3701 et seq.).
    ``(c) Funding.--From amounts made available under section 31104(i), 
the Secretary shall make available $7,000,000 for each of fiscal years 
2004 and 2005, $8,000,000 for each of fiscal years 2006 and 2007, 
$9,000,000 for fiscal year 2008, and $10,000,000 for fiscal year 2009 
to carry out this section.''.
    (b) Conforming Amendment.--The analysis for chapter 311 of such 
title is amended by striking the item relating to section 31108 and 
inserting the following:

``31108. Motor carrier research and technology program.''.

SEC. 4013. INTERNATIONAL COOPERATION.

    (a) In General.--Chapter 311 of title 49, United States Code, is 
amended by adding at the end the following:

                     ``SUBCHAPTER IV--MISCELLANEOUS

``Sec. 31161. International cooperation
    ``The Secretary of Transportation is authorized to use funds made 
available by section 31104(i) to participate and cooperate in 
international activities to enhance motor carrier, driver, and highway 
safety by such means as exchanging information, conducting research, 
and examining needs, best practices, and new technology.''.
    (b) Clerical Amendment.--The analysis for such chapter is amended 
by adding at the end the following:

                     ``subchapter iv--miscellaneous
``31161. International cooperation.''.

SEC. 4014. PERFORMANCE AND REGISTRATION INFORMATION SYSTEM MANAGEMENT.

    (a) Design and Conditions for Participation.--Section 31106(b) of 
title 49, United States Code, is amended by striking paragraphs (2), 
(3), and (4) and inserting the following:
            ``(2) Design.--The program shall link Federal motor carrier 
        safety information systems with State commercial vehicle 
        registration and licensing systems and shall be designed to 
        enable a State to--
                    ``(A) determine the safety fitness of a motor 
                carrier or registrant when licensing or registering the 
                registrant or motor carrier or while the license or 
                registration is in effect; and
                    ``(B) deny, suspend, or revoke the commercial motor 
                vehicle registrations of a motor carrier or registrant 
                that has been issued an operations out-of-service order 
                by the Secretary.
            ``(3) Conditions for participation.--The Secretary shall 
        require States, as a condition of participation in the program, 
        to--
                    ``(A) comply with the uniform policies, procedures, 
                and technical and operational standards prescribed by 
                the Secretary under subsection (a)(4); and
                    ``(B) possess or seek the authority to deny, 
                suspend, or revoke commercial motor vehicle 
                registrations based on the issuance of an operations 
                out-of-service order by the Secretary.''.
    (b) Performance and Registration Information System Management 
Grants.--
            (1) In general.--Subchapter I of chapter 311 of title 49, 
        United States Code, is further amended by adding at the end the 
        following:
``Sec. 31109. Performance and registration information system 
              management
    ``(a) In General.--The Secretary of Transportation may make a grant 
to a State to implement the performance and registration information 
system management requirements of section 31106(b).
    ``(b) Availability of Amounts.--Amounts made available to a State 
under this section shall remain available until expended.''.
            (2) Conforming amendment.--The analysis for such subchapter 
        is amended by adding at the end the following:

``31109. Performance and registration information system management.''.

SEC. 4015. DATA QUALITY IMPROVEMENT.

    Section 31106(a)(3) of title 49, United States Code, is amended--
            (1) by striking ``and'' at the end of subparagraph (D);
            (2) by striking the period at the end of subparagraph (E) 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(F) ensure, to the maximum extent practically, 
                all the data is complete, timely, and accurate across 
                all information systems and initiatives.''.

SEC. 4016. COMPLETION OF UNIFORM CARRIER REGISTRATION.

    (a) In General.--Section 14504 of title 49, United States Code, and 
the item relating to such section in analysis for chapter 145 of such 
title, are repealed.
    (b) Conforming Amendments.--Section 13908 of such title is 
amended--
            (1) in subsection (a) by striking ``the single State 
        registration system under section 14504,'';
            (2) in subsection (b)--
                    (A) by striking paragraphs (2) and (3); and
                    (B) by redesignating paragraphs (4), (5), and (6) 
                as paragraphs (2), (3), and (4), respectively;
            (3) by striking subsection (d); and
            (4) by striking ``(e) Deadline for Conclusion; 
        Modification.--'' and all that follows through ``1996,'' and 
        inserting the following:
    ``(d) Deadline for Completion.--Not later than 1 year after the 
date of enactment of the Transportation Equity Act: A Legacy for 
Users,''.

SEC. 4017. REGISTRATION OF MOTOR CARRIERS AND FREIGHT FORWARDERS.

    (a) Definitions Relating to Motor Carriers.--Paragraphs (6), (7), 
(12), and (13) of section 13102 of title 49, United States Code, are 
each amended by striking ``motor vehicle'' and inserting ``commercial 
motor vehicle (as defined in section 31132)''.
    (b) Freight Forwarders.--Section 13903(a) of title 49, United 
States Code, is amended--
            (1) by striking ``The Secretary'' and inserting the 
        following:
            ``(1) Household goods.--The Secretary'';
            (2) by inserting ``of household goods'' after ``freight 
        forwarder''; and
            (3) by adding at the end the following:
            ``(2) Others.--The Secretary may register a person to 
        provide service subject to jurisdiction under subchapter III of 
        chapter 135 as a freight forwarder (other than a freight 
        forwarder of household goods) if the Secretary finds that such 
        registration is needed for the protection of shippers and that 
        the person is fit, willing, and able to provide the service and 
        to comply with this part and applicable regulations of the 
        Secretary and Board.''.

SEC. 4018. DEPOSIT OF CERTAIN CIVIL PENALTIES INTO HIGHWAY TRUST FUND.

    Sections 31138(d)(5) and 31139(f)(5) of title 49, United States 
Code, are each amended by striking ``Treasury as miscellaneous 
receipts'' and inserting ``Highway Trust Fund (other than the Mass 
Transit Account)''.

SEC. 4019. OUTREACH AND EDUCATION.

    (a) In General.--The Secretary shall conduct, through any 
combination of grants, contracts, or cooperative agreements, an 
outreach and education program to be administered by the Federal Motor 
Carrier Safety Administration and the National Highway Traffic Safety 
Administration.
    (b) Program Elements.--The program shall include, at a minimum, the 
following:
            (1) A program to promote a more comprehensive and national 
        effort to educate commercial motor vehicle drivers and 
        passenger vehicle drivers about how commercial motor vehicle 
        drivers and passenger vehicle drivers can more safely share the 
        road with each other.
            (2) A program to promote enhanced traffic enforcement 
        efforts aimed at reducing the incidence of the most common 
        unsafe driving behaviors that cause or contribute to crashes 
        involving commercial motor vehicles and passenger vehicles.
            (3) A program to establish a public-private partnership to 
        provide resources and expertise for the development and 
        dissemination of information relating to sharing the road 
        referred to in paragraphs (1) and (2) to each partner's 
        constituents and to the general public through the use of 
        brochures, videos, paid and public advertisements, the 
        Internet, and other media.
    (c) Federal Share.--The Federal share of a program or activity for 
which a grant is made under this section shall be 100 percent of the 
cost of such program or activity.
    (d) Annual Report.--The Secretary shall prepare and transmit to 
Congress an annual report on the programs and activities carried out 
under this section.
    (e) Funding.--From amounts made available under section 31104(i) of 
title 49, United States Code, the Secretary shall make available 
$1,250,000 to the Federal Motor Carrier Safety Administration, and 
$3,750,000 to the National Highway Traffic Safety Administration, for 
each of fiscal years 2004, 2005, 2006, 2007, 2008, and 2009 to carry 
out this section.

SEC. 4020. INSULIN TREATED DIABETES MELLITUS.

    (a) No Period of Commercial Driving While Using Insulin Required 
for Qualification.--The Secretary may not require individuals with 
insulin-treated diabetes mellitus to have experience operating 
commercial motor vehicles while using insulin in order to qualify to 
operate a commercial motor vehicle in interstate commerce.
    (b) Minimum period of insulin use.--Subject to subsection (a), the 
Secretary shall require individuals with insulin-treated diabetes 
mellitus to have a minimum period of insulin use to demonstrate stable 
control of diabetes before operating a commercial motor vehicle in 
interstate commerce. For individuals who have been newly diagnosed with 
type 1 diabetes, the minimum period of insulin use may not exceed 2 
months, unless directed by the treating physician. For individuals who 
have type 2 diabetes and are converting to insulin use, the minimum 
period of insulin use may not exceed 1 month, unless directed by the 
treating physician.
    (c) Limitations.--Insulin-treated individuals may not be held by 
the Secretary to a higher standard of physical qualification in order 
to operate a commercial motor vehicle in interstate commerce than other 
individuals applying to operate, or operating, a commercial motor 
vehicle in interstate commerce; except to the extent that limited 
operating, monitoring, and medical requirements are deemed medically 
necessary under regulations issued by the Secretary.

SEC. 4021. GRANT PROGRAM FOR COMMERCIAL MOTOR VEHICLE OPERATORS.

    (a) Establishment.--The Secretary shall establish a grant program 
for training operators of commercial motor vehicles (as defined in 
section 31301 of title 49, United States Code). The purpose of the 
program shall be to train operators and future operators in the safe 
use of such vehicle.
    (b) Federal Share.--The Federal share of the cost for which a grant 
is made under this section shall be 80 percent.
    (c) Funding.--From amounts made available under section 31104(i) of 
title 49, United States Code, the Secretary shall make available 
$1,000,000 for each of fiscal years 2004, 2005, 2006, 2007, 2008, and 
2009 to carry out this section.

SEC. 4022. COMMERCIAL MOTOR VEHICLE SAFETY ADVISORY COMMITTEE.

    (a) Establishment.--The Secretary shall establish a commercial 
motor vehicle safety advisory committee to provide advice and 
recommendations to the Secretary on commercial motor vehicle safety 
regulations and other matters relating to activities and functions of 
the Federal Motor Carrier Safety Administration.
    (b) Composition.--The members of the advisory committee shall be 
appointed by the Secretary and shall include representatives of the 
motor carrier industry, drivers, safety advocates, manufacturers, 
safety enforcement officials, law enforcement agencies of border 
States, and other individuals affected by rulemakings under 
consideration by the Department of Transportation. Representatives of a 
single interest group may not constitute a majority of the members of 
the advisory committee.
    (c) Termination Date.--The advisory committee shall remain in 
effect until September 30, 2009.

SEC. 4023. SAFETY DATA IMPROVEMENT PROGRAM.

    (a) In General.--The Secretary shall make grants to States for 
projects and activities to improve the accuracy, timeliness, and 
completeness of commercial motor vehicle safety data reported to the 
Secretary.
    (b) Eligibility.--A State shall be eligible for a grant under this 
section in a fiscal year if the Secretary determines that the State 
has--
            (1) conducted a comprehensive audit of its commercial motor 
        vehicle safety data system within the preceding 2 years;
            (2) developed a plan that identifies and prioritizes its 
        commercial motor vehicle safety data needs and goals; and
            (3) identified performance-based measures to determine 
        progress toward those goals.
    (c) 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 $3,000,000 for each of fiscal years 
2004 though 2009.
    (d) Applicability of Title 23, United States Code.--Funds 
authorized to be appropriated 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 a project or activity carried out using such funds 
shall be 80 percent and such funds shall remain available until 
expended.
    (e) Biennial Report.--Not later 2 years after the date of enactment 
of this Act, and biennially thereafter, the Secretary shall transmit to 
Congress a report on the activities and results of the program carried 
out under this section, together with any recommendations the Secretary 
determines appropriate.

SEC. 4024. HOUSEHOLD GOODS TRANSPORTATION.

    [Reserved.]

SEC. 4025. COMMERCIAL DRIVER'S LICENSE INFORMATION SYSTEM IMPROVEMENTS.

    [Reserved.]

SEC. 4026. TECHNICAL CORRECTIONS.

    (a) Intermodal Transportation Advisory Board.--Section 5502(b) of 
title 49, United States Code, is amended--
            (1) by striking ``and'' at the end of paragraph (4);
            (2) by striking the period at the end of paragraph (5) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(6) the Federal Motor Carrier Safety Administration.''.
    (b) Reference to Agency.--Section 31502(e) of such title is 
amended--
            (1) in paragraph (2) by striking ``Regional Director of the 
        Federal Highway Administration'' and inserting ``Field 
        Administrator of the Federal Motor Carrier Safety 
        Administration''; and
            (2) in paragraph (3) by striking ``Regional Director'' and 
        inserting ``Field Administrator''.

             TITLE V--TRANSPORTATION RESEARCH AND EDUCATION

                          Subtitle A--Funding

SEC. 5101. 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) Surface transportation research, development, and 
        deployment program.--To carry out sections 502, 503, 506, 507, 
        509, and 510 of title 23, United States Code, and sections 
        5207, 5210, 5211, and 5402 of this title--
                    (A) $360,000,000 for fiscal year 2004;
                    (B) $352,000,000 for fiscal year 2005;
                    (C) $352,000,000 for fiscal year 2006;
                    (D) $352,000,000 for fiscal year 2007;
                    (E) $354,000,000 for fiscal year 2008; and
                    (F) $356,000,000 for fiscal year 2009.
            (2) Training and education.--To carry out section 504 of 
        title 23, United States Code, and section 5211 of this Act, 
        $40,000,000 for each of fiscal years 2004 through 2009.
            (3) Bureau of transportation statistics.--For the Bureau of 
        Transportation Statistics to carry out section 111 of title 49, 
        United States Code, $35,000,000 for each of fiscal years 2004 
        through 2009.
            (4) University transportation research.--To carry out 
        sections 5505 and 5506 of title 49, United States Code, 
        $90,000,000 for each of fiscal years 2004 through 2009.
            (5) Intelligent transportation systems research.--To carry 
        out subtitle F of this title, $138,000,000 for each of fiscal 
        years 2004 through 2009.
    (b) Applicability of Title 23, United States Code.--Funds 
authorized to be appropriated by subsection (a) 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 a project or activity carried out using such funds 
shall be 50 percent, unless otherwise expressly provided by this Act 
(including the amendments made by this Act) or otherwise determined by 
the Secretary, and such funds shall remain available until expended.

SEC. 5002. OBLIGATION CEILING.

    Notwithstanding any other provision of law, the total of all 
obligations from amounts made available from the Highway Trust Fund 
(other than the Mass Transit Account) by section 5001(a) of this Act 
shall not exceed $658,000,000 for fiscal year 2004, $660,000,000 for 
fiscal year 2005, $661,000,000 for fiscal year 2006, $662,000,000 for 
fiscal year 2007, $663,000,000 for fiscal year 2008, and $664,000,000 
for fiscal year 2009.

            Subtitle B--Research, Technology, and Education

SEC. 5201. RESEARCH, TECHNOLOGY, AND EDUCATION.

    (a) Research, Technology, and Education.--Title 23, United States 
Code, is amended--
            (1) in the table of chapters by striking the item relating 
        to chapter 5 and inserting the following:

``5. Research, Technology, and Education....................     501'';
        and
            (2) by striking the heading for chapter 5 and inserting the 
        following:

          ``CHAPTER 5--RESEARCH, TECHNOLOGY, AND EDUCATION''.

    (b) Statement of Principles Governing Research and Technology 
Investments.--Section 502 of such title is amended--
            (1) by redesignating subsections (a) through (g) as 
        subsections (b) through (h), respectively; and
            (2) by inserting before subsection (b) (as so redesignated) 
        the following:
    ``(a) Basic Principles Governing Research and Technology 
Investments.--
            ``(1) Coverage.--Surface transportation research and 
        technology development shall include all activities leading to 
        technology development and transfer, as well as the 
        introduction of new and innovative ideas, practices, and 
        approaches, through such mechanisms as field applications, 
        education and training, and technical support.
            ``(2) Federal responsibility.--Funding and conducting 
        surface transportation research and technology transfer 
        activities shall be considered a basic responsibility of the 
        Federal Government when the work--
                    ``(A) is of national significance;
                    ``(B) supports research in which there is a clear 
                public benefit and private sector investment is less 
                than optimal;
                    ``(C) supports a Federal stewardship role in 
                assuring that State and local governments use national 
                resources efficiently; or
                    ``(D) presents the best means to support Federal 
                policy goals compared to other policy alternatives.
            ``(3) Role.--Consistent with these Federal 
        responsibilities, the Secretary shall--
                    ``(A) conduct research;
                    ``(B) support and facilitate research and 
                technology transfer activities by State highway 
                agencies;
                    ``(C) share results of completed research; and
                    ``(D) support and facilitate technology and 
                innovation deployment.
            ``(4) Program content.--A surface transportation research 
        program shall include--
                    ``(A) fundamental, long-term highway research;
                    ``(B) research aimed at significant highway 
                research gaps and emerging issues with national 
                implications; and
                    ``(C) research related to policy and planning.
            ``(5) Stakeholder input.--Federally sponsored surface 
        transportation research and technology development activities 
        shall address the needs of partners and stakeholders, and 
        provide for stakeholder input in preparation of a strategic 
        plan for surface transportation research and technology 
        development.
            ``(6) Competition.--To the greatest extent possible, 
        investment decisions for surface transportation research and 
        technology development activities shall be based on the well-
        established principles of competition and merit review.
            ``(7) Performance review.--Surface transportation research 
        and technology development activities shall include a component 
        of performance measurement.''.
    (c) Procurement for Research, Development, and Technology Transfer 
Activities.--Section 502(b)(3) of such title (as redesignated by 
subsection (b) of this section) is amended to read as follows:
            ``(3) Cooperation, grants, and contracts.--The Secretary 
        may carry out research, development, and technology transfer 
        activities related to transportation--
                    ``(A) independently;
                    ``(B) in cooperation with other Federal 
                departments, agencies, and instrumentalities and 
                Federal laboratories; or
                    ``(C) by making grants to, or entering into 
                contracts, cooperative agreements, and other 
                transactions with one or more of the following: the 
                National Academy of Sciences, the American Association 
                of State Highway and Transportation Officials, any 
                Federal laboratory, Federal agency, State agency, 
                authority, association, institution, for-profit or 
                nonprofit corporation, organization, foreign country, 
                any other person.''.
    (d) Transportation Pooled Fund Program.--Section 502(b) of such 
title (as redesignated by subsection (b) of this section), is amended 
by adding at the end the following:
            ``(6) Pooled funding.--
                    ``(A) Cooperation.--To promote effective 
                utilization of available resources, the Secretary may 
                cooperate with the States and other appropriate 
                agencies in funding research, development, and 
                technology transfer activities of mutual interest on a 
                pooled funds basis.
                    ``(B) Secretary as agent.--The Secretary may enter 
                into contracts, cooperative agreements, grants, and 
                other transactions as agent for all participating 
                parties in carrying out such research, development, or 
                technology transfer.''.
    (e) Operations Elements in Research Activities.--Section 502 of 
such title is further amended--
            (1) in subsection (b)(1) (as redesignated by subsection (b) 
        of this section) by striking subparagraphs (B) and (C) and 
        inserting the following:
                    ``(B) all phases of transportation planning and 
                development (including construction, operation, 
                transportation system management and operations, 
                modernization, development, design, maintenance, 
                safety, financing, and traffic conditions); and
                    ``(C) the effect of State laws on the activities 
                described in subparagraphs (A) and (B).'';
            (2) in subsection (d)(5)(C) (as redesignated by subsection 
        (b) of this section) by inserting ``system management and'' 
        after ``transportation''; and
            (3) by inserting at the end of subsection (d) (as 
        redesignated by subsection (b) of this section) the following:
            ``(12) Investigation and development of various operational 
        methodologies to reduce the occurrence and impact of recurrent 
        congestion and nonrecurrent congestion and increase 
        transportation system reliability.
            ``(13) Investigation of processes, procedures, and 
        technologies to secure container and hazardous material 
        transport, including the evaluation of regulations and the 
        impact of good security practices on commerce and productivity.
            ``(14) Research, development, and technology transfer 
        related to asset management.''.
    (f) Facilitating Transportation Research and Technology Deployment 
Partnerships.--Section 502(c)(2) of such title (as redesignated by 
subsection (b) of this section) is amended to read as follows:
            ``(2) Cooperation, grants, contracts, and agreements.--
        Notwithstanding any other provision of law, the Secretary may 
        directly initiate contracts, cooperative research and 
        development agreements (as defined in section 12 of the 
        Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
        3710a)), and other transactions to fund, and accept funds from, 
        the Transportation Research Board of the National Research 
        Council of the National Academy of Sciences, State departments 
        of transportation, cities, counties, and their agents to 
        conduct joint transportation research and technology 
        efforts.''.
    (g) Exploratory Advanced Research Program.--Section 502(e) of such 
title (as redesignated by subsection (b) of this section) is amended to 
read as follows:
    ``(e) Exploratory Advanced Research.--
            ``(1) In general.--The Secretary shall establish an 
        exploratory advanced research program, consistent with the 
        surface transportation research and technology development 
        strategic plan developed under section 508 that involves and 
        draws upon basic research results to provide a better 
        understanding of problems and develop innovative solutions. In 
        carrying out the program, the Secretary shall strive to develop 
        partnerships with public and private sector entities.
            ``(2) Research areas.--In carrying out the program, the 
        Secretary may make grants and enter into cooperative agreements 
        and contracts in such areas of surface transportation research 
        and technology as the Secretary determines appropriate, 
        including the following:
                    ``(A) Characterization of materials used in highway 
                infrastructure, including analytical techniques, 
                microstructure modeling, and the deterioration 
                processes.
                    ``(B) Assessment of the effects of transportation 
                decisions on human health.
                    ``(C) Development of surrogate measures of safety.
                    ``(D) Environmental research.
                    ``(E) Data acquisition techniques for system 
                condition and performance monitoring.
                    ``(F) System performance data and information 
                processing needed to assess the day-to-day operational 
                performance of the system in support of hour-to-hour 
                operational decisionmaking.''.
    (h) Long-Term Pavement Performance Program.--
            (1) In general.--Section 502(f) of such title (as 
        redesignated by subsection (b) of this section) is amended to 
        read as follows:
    ``(f) Long-Term Pavement Performance Program.--
            ``(1) Authority.--The Secretary shall complete the 20-year 
        long-term pavement performance program tests initiated under 
        the strategic highway research program established under 
        section 307(d) (as in effect on June 8, 1998).
            ``(2) Grants, cooperative agreements, and contracts.--Under 
        the program, the Secretary shall make grants and enter into 
        cooperative agreements and contracts to--
                    ``(A) monitor, material-test, and evaluate highway 
                test sections in existence as of the date of the grant, 
                agreement, or contract;
                    ``(B) analyze the data obtained under subparagraph 
                (A); and
                    ``(C) prepare products to fulfill program 
                objectives and meet future pavement technology 
                needs.''.
            (2) Funding.--Of the amounts made available by section 
        5101(a)(1) of this Act, $30,000,000 for each of fiscal years 
        2004 through 2009 shall be available to carry out section 
        502(f) of title 23, United States Code.
    (i) Turner-Fairbank Highway Research Center.--Section 502 of title 
23, United States Code, is further amended by adding at the end the 
following:
    ``(i) Turner-Fairbank Highway Research Center.--
            ``(1) In general.--The Secretary shall operate in the 
        Federal Highway Administration a Turner-Fairbank Highway 
        Research Center.
            ``(2) Uses of the center.--The Turner-Fairbank Highway 
        Research Center shall support--
                    ``(A) the conduct of highway research and 
                development related to new highway technology;
                    ``(B) the development of understandings, tools, and 
                techniques that provide solutions to complex technical 
                problems through the development of economical and 
                environmentally sensitive designs, efficient and 
                quality-controlled construction practices, and durable 
                materials; and
                    ``(C) the development of innovative highway 
                products and practices.''.

SEC. 5202. LONG-TERM BRIDGE PERFORMANCE PROGRAM; INNOVATIVE BRIDGE 
              RESEARCH AND DEPLOYMENT PROGRAM.

    (a) Long-Term Bridge Performance Program.--
            (1) In general.--Section 502 of title 23, United States 
        Code, is further amended by adding at the end the following:
    ``(j) Long-Term Bridge Performance Program.--
            ``(1) Authority.--The Secretary shall establish a 20-year 
        long-term bridge performance program.
            ``(2) Grants, cooperative agreements, and contracts.--Under 
        the program, the Secretary shall make grants and enter into 
        cooperative agreements and contracts to--
                    ``(A) monitor, material-test, and evaluate test 
                bridges;
                    ``(B) analyze the data obtained under subparagraph 
                (A); and
                    ``(C) prepare products to fulfill program 
                objectives and meet future bridge technology needs.''.
            (2) Funding.--Of the amounts made available by section 
        5101(a)(1) of this Act, $25,000,000 for each of fiscal years 
        2004 through 2009 shall be available to carry out section 
        502(j) of title 23, United States Code.
    (b) Innovative Bridge Research and Deployment Program.--
            (1) In general.--Section 503(b)(1) of such title is amended 
        to read as follows:
            ``(1) In general.--The Secretary shall establish and carry 
        out a program to promote, demonstrate, evaluate, and document 
        the application of innovative designs, materials, and 
        construction methods in the construction, repair, and 
        rehabilitation of bridges and other highway structures.''.
            (2) Goals.--Section 503(b)(2) of such title is amended to 
        read as follows:
            ``(2) Goals.--The goals of the program shall include--
                    ``(A) the development of new, cost-effective, 
                innovative highway bridge applications;
                    ``(B) the development of construction techniques to 
                increase safety and reduce construction time and 
                traffic congestion;
                    ``(C) the development of engineering design 
                criteria for innovative products, materials, and 
                structural systems for use in highway bridges and 
                structures;
                    ``(D) the reduction of maintenance costs and life-
                cycle costs of bridges, including the costs of new 
                construction, replacement, or rehabilitation of 
                deficient bridges;
                    ``(E) the development of highway bridges and 
                structures that will withstand natural disasters;
                    ``(F) the documentation and wide dissemination of 
                objective evaluations of the performance and benefits 
                of these innovative designs, materials, and 
                construction methods;
                    ``(G) the effective transfer of resulting 
                information and technology; and
                    ``(H) the development of improved methods to detect 
                bridge scour and economical bridge foundation designs 
                that will withstand bridge scour.''.
            (3) Funding.--Of the amounts made available by section 
        5101(a)(1) of this Act, $20,000,000 for each of fiscal years 
        2004 through 2009 shall be available to carry out section 
        503(b) of title 23, United States Code.

SEC. 5203. SURFACE TRANSPORTATION ENVIRONMENT AND PLANNING COOPERATIVE 
              RESEARCH PROGRAM.

    (a) In General.--Section 507 of title 23, United States Code, is 
amended to read as follows:
``Sec. 507. Surface transportation environment and planning cooperative 
              research program
    ``(a) Establishment.--The Secretary shall establish and carry out a 
collaborative, public-private surface transportation environment and 
planning cooperative research program.
    ``(b) Agreement.--The Secretary shall enter into an agreement with 
the National Academy of Sciences to carry out administrative and 
management activities relating to the governance of the surface 
transportation environment and planning cooperative research program.
    ``(c) Advisory Committee.--
            ``(1) Establishment.--The Secretary shall establish a 
        committee that will be responsible for program oversight and 
        project selection.
            ``(2) Membership.--The members of the committee shall be 
        appointed by the Secretary and shall be composed of--
                    ``(A) representatives of State, regional, and local 
                transportation agencies, including transit agencies;
                    ``(B) representatives of State environmental 
                agencies and other environmental organizations;
                    ``(C) representatives of the transportation private 
                sector;
                    ``(D) transportation and environmental scientists 
                and engineers; and
                    ``(E) representatives of the Federal Highway 
                Administration, Federal Transit Administration, 
                Environmental Protection Agency, United States Fish and 
                Wildlife Service, Corps of Engineers, American 
                Association of State Highway and Transportation 
                Officials, and American Public Transportation 
                Association, who shall serve in an ex officio capacity.
            ``(3) Balance.--The majority of the committee's voting 
        members shall be representatives of government transportation 
        agencies.
            ``(4) Meetings.--The National Academy of Sciences shall 
        convene meetings of the committee.
    ``(d) Governance.--The program established under this section shall 
include the following administrative and management elements:
            ``(1) National research agenda.--The advisory committee, in 
        consultation with interested parties, shall develop, recommend, 
        and periodically update a national research agenda for the 
        program. The national research agenda shall include a multiyear 
        strategic plan.
            ``(2) Involvement.--Interested parties may--
                    ``(A) submit research proposals;
                    ``(B) participate in merit reviews of research 
                proposals and peer reviews of research products; and
                    ``(C) receive research results.
            ``(3) Open competition and peer review of research 
        proposals.--The National Academy of Sciences may award under 
        the program research contracts and grants through open 
        competition and merit review conducted on a regular basis.
            ``(4) Evaluation of research.--
                    ``(A) Peer review.--Research contracts and grants 
                may allow peer review of the research results.
                    ``(B) Programmatic evaluations.--The National 
                Academy of Sciences may conduct periodic programmatic 
                evaluations on a regular basis.
            ``(5) Dissemination of research findings.--The National 
        Academy of Sciences shall disseminate research findings to 
        researchers, practitioners, and decisionmakers, through 
        conferences and seminars, field demonstrations, workshops, 
        training programs, presentations, testimony to government 
        officials, World Wide Web, and publications for the general 
        public.
    ``(e) Contents.--The national research agenda for the program 
required under subsection (d)(1) shall include research in the 
following areas for the purposes described:
            ``(1) Human health.--Human health to establish the links 
        between transportation activities and human health; 
        substantiate the linkages between exposure to concentration 
        levels, emissions, and health impacts; examine the potential 
        health impacts from the implementation and operation of 
        transportation infrastructure and services; develop strategies 
        for avoidance and reduction of these impacts; and develop 
        strategies to understand the economic value of health 
        improvements and for incorporating health considerations into 
        valuation methods.
            ``(2) Ecology and natural systems.--Ecology and natural 
        systems to measure transportation's short- and long-term impact 
        on natural systems; develop ecologically based performance 
        measures; develop insight into both the spatial and temporal 
        issues associated with transportation and natural systems; 
        study the relationship between highway density and ecosystem 
        integrity, including the impacts of highway density on habitat 
        integrity and overall ecosystem health; develop a rapid 
        assessment methodology for use by transportation and regulatory 
        agencies in determining the relationship between highway 
        density and ecosystem integrity; and develop ecologically based 
        performance techniques to evaluate the success of highway 
        project mitigation and enhancement measures.
            ``(3) Environmental and socioeconomic relationships.--
        Environmental and socioeconomic relationships to understand 
        differences in mobility, access, travel behavior, and travel 
        preferences across socioeconomic groups; develop improved 
        planning approaches that better reflect and respond to 
        community needs; improve evaluation methods for examining the 
        incidence of benefits and costs; examine the differential 
        impacts of current methods of finance and explore alternatives; 
        understand the socioeconomic implications of emerging land 
        development patterns and new transportation technologies; 
        develop cost-effective applications of technology that improve 
        the equity of the transport system; and develop improved 
        methods for community involvement, collaborative planning, and 
        conflict resolution.
            ``(4) Emerging technologies.--Emerging technologies to 
        assist in the transition to environmentally benign fuels and 
        vehicles for passengers and freight; develop responses to and 
        demand for new technologies that could offer improved 
        environmental performance; identify possible applications of 
        intelligent transportation systems technologies for 
        environmental benefit; develop policy instruments that would 
        encourage the development of beneficial new technologies in a 
        cost-effective manner; and respond to the impact of new 
        technologies.
            ``(5) Land use.--Land use to assess land consumption trends 
        and contributing factors of transportation investment, housing 
        policies, school quality, and consumer preferences; incorporate 
        impacts of transportation investments on location decision and 
        land use; identify the costs and benefits of current 
        development patterns and their transportation implications; 
        determine the effect of the built environment on people's 
        willingness to walk, drive, or take public transportation; 
        determine the roles of public policy and institutional 
        arrangements in current and prospective land use and 
        transportation choices; and develop improved data, methods, and 
        processes for considering land use, transportation, and the 
        environment in an integrated, systematic fashion.
            ``(6) Planning and performance measures.--Planning and 
        performance measures to improve understanding of travel needs 
        and preferences; improve planning methods for system analysis, 
        forecasting, and decisionmaking; expand information on consumer 
        choice processes and travel and activity patterns for both 
        local and long-distance trips and both passenger and freight 
        transportation analysis of social, environmental, and economic 
        benefits and cost of various transport options; develop tools 
        for measuring and forecasting complex transportation decisions 
        for all modes and users; and develop performance measures and 
        policy analysis approaches that can be used to determine 
        effectiveness.
            ``(7) Other research areas.--Other research areas to 
        identify and address the emerging and future surface 
        transportation research needs related to planning and 
        environment.
    ``(f) Funding.--
            ``(1) Federal share.--The Federal share of the cost of an 
        activity carried out under this section shall be up to 100 
        percent, and such funds shall remain available until expended.
            ``(2) Use of non-federal funds.--In addition to using funds 
        authorized to be appropriated to carry out this section, the 
        National Academy of Sciences may seek and accept additional 
        funding sources to carry out this section from public and 
        private entities capable of attracting and accepting funding 
        from the Department of Transportation, Environmental Protection 
        Agency, Department of Energy, United States Fish and Wildlife 
        Service, and other Federal environmental agencies, States, 
        local governments, nonprofit foundations, and the private 
        sector.''.
    (b) Conforming Amendment.--The analysis for chapter 5 of such title 
is amended by striking the item relating to section 507 and inserting 
the following:

``507. Surface transportation environment and planning cooperative 
                            research program.''.
    (c) Funding.--Of the amounts made available by section 5101(a)(1) 
of this Act, $20,000,000 for each of fiscal years 2004 through 2009 
shall be available to carry out section 507 of title 23, United States 
Code.

SEC. 5204. TECHNOLOGY DEPLOYMENT.

    (a) Technology Deployment Program.--Section 503(a) of title 23, 
United States Code, is amended--
            (1) in the subsection heading by striking ``Initiatives and 
        Partnerships'';
            (2) by striking paragraph (1) and inserting the following:
            ``(1) Establishment.--The Secretary shall develop and 
        administer a national technology deployment program.'';
            (3) by striking paragraph (7) and inserting the following:
            ``(7) Grants, cooperative agreements, and contracts.--
                    ``(A) In general.--Under the program, the Secretary 
                shall make grants to, and enter into cooperative 
                agreements and contracts with, States, other Federal 
                agencies, universities and colleges, private sector 
                entities, and nonprofit organizations to pay the 
                Federal share of the cost of research, development, and 
                technology transfer activities concerning innovative 
                materials.
                    ``(B) Applications.--To receive a grant under this 
                subsection, an entity described in subparagraph (A) 
                shall submit an application to the Secretary. The 
                application shall be in such form and contain such 
                information as the Secretary may require. The Secretary 
                shall select and approve an application based on 
                whether the project that is the subject of the grant 
                meets the purpose of the program described in paragraph 
                (2).''; and
            (4) by striking paragraph (8) and inserting the following:
            ``(8) Technology and information transfer.--The Secretary 
        shall ensure that the information and technology resulting from 
        research conducted under paragraph (3) is made available to 
        State and local transportation departments and other interested 
        parties as specified by the Secretary.''.
    (b) Innovative Pavement Research and Deployment Program.--
            (1) In general.--Section 503 of such title is further 
        amended by adding at the end the following:
    ``(c) Innovative Pavement Research and Deployment Program.--
            ``(1) In general.--The Secretary shall establish and 
        implement a program to promote, demonstrate, support, and 
        document the application of innovative pavement technologies, 
        practices, performance, and benefits.
            ``(2) Goals.--The goals of the innovative pavement research 
        and deployment program shall include--
                    ``(A) the deployment of new, cost-effective, 
                innovative designs, materials, and practices to extend 
                pavement life and performance and to improve customer 
                satisfaction;
                    ``(B) the reduction of initial costs and life-cycle 
                costs of pavements, including the costs of new 
                construction, replacement, maintenance, and 
                rehabilitation;
                    ``(C) the deployment of accelerated construction 
                techniques to increase safety and reduce construction 
                time and traffic disruption and congestion;
                    ``(D) the deployment of engineering design criteria 
                and specifications for innovative practices, products, 
                and materials for use in highway pavements;
                    ``(E) the deployment of new nondestructive and 
                real-time pavement evaluation technologies and 
                techniques;
                    ``(F) the evaluation, refinement, and documentation 
                of the performance and benefits of innovative 
                technologies deployed to improve life, performance, 
                cost effectiveness, safety, and customer satisfaction;
                    ``(G) effective technology transfer and information 
                dissemination to accelerate implementation of 
                innovative technologies and to improve life, 
                performance, cost effectiveness, safety, and customer 
                satisfaction; and
                    ``(H) the development of designs and materials to 
                reduce storm water runoff.
            ``(3) Research to improve nhs pavement.--The Secretary 
        shall obligate not less than $10,000,000 per fiscal year from 
        funds made available to carry out this subsection to conduct 
        research to improve asphalt pavement, concrete pavement, and 
        aggregates used in highways on the National Highway System.''.
            (2) Funding.--Of the amounts made available by section 
        5101(a)(1) of this Act, $25,000,000 for each of fiscal years 
        2004 through 2009 shall be available to carry out section 
        503(c) of title 23, United States Code.
    (c) Safety Innovation Deployment Program.--
            (1) In general.--Section 503 of such title is further 
        amended by adding the following:
    ``(d) Safety Innovation Deployment Program.--
            ``(1) In general.--The Secretary shall establish and 
        implement a program to demonstrate the application of 
        innovative technologies in highway safety.
            ``(2) Goals.--The goals of the program shall include--
                    ``(A) the deployment and evaluation of safety 
                technologies and innovations at State and local levels; 
                and
                    ``(B) the deployment of best practices in training, 
                management, design, and planning.
            ``(3) Grants, cooperative agreements, and contracts.--
                    ``(A) In general.--Under the program, the Secretary 
                shall make grants to, and enter into cooperative 
                agreements and contracts with, States, other Federal 
                agencies, universities and colleges, private sector 
                entities, and nonprofit organizations for research, 
                development, and technology transfer for innovative 
                safety technologies.
                    ``(B) Applications.--To receive a grant under this 
                subsection, an entity described in subparagraph (A) 
                shall submit an application to the Secretary. The 
                application shall be in such form and contain such 
                information as the Secretary may require. The Secretary 
                shall select and approve the applications based on 
                whether the project that is the subject of the 
                application meets the goals of the program described in 
                paragraph (2).
            ``(4) Technology and information transfer.--The Secretary 
        shall take such action as is necessary to ensure that the 
        information and technology resulting from research conducted 
        under paragraph (3) is made available to State and local 
        transportation departments and other interested parties as 
        specified by the Secretary.''.
            (2) Funding.--Of the amounts made available by section 
        5101(a)(1) of this Act, $20,000,000 for each of fiscal years 
        2004 through 2009 shall be available to carry out section 
        503(d) of title 23, United States Code.
    (d) Authority To Purchase Promotional Items.--Section 503 of such 
title is further amended by adding at the end the following:
    ``(e) Promotional Authority.--Funds authorized to be appropriated 
for necessary expenses for administration and operation of the Federal 
Highway Administration shall be available to purchase promotional items 
of nominal value for use in the recruitment of individuals and to 
promote the programs of the Federal Highway Administration.''.

SEC. 5205. TRAINING AND EDUCATION.

    (a) National Highway Institute.--
            (1) In general.--Section 504(a)(3) of title 23, United 
        States Code, is amended to read as follows:
            ``(3) Courses.--The Institute may develop and administer 
        courses in modern developments, techniques, methods, 
        regulations, management, and procedures in areas, including 
        surface transportation, environmental mitigation, compliance, 
        stewardship, and streamlining, acquisition of rights-of-way, 
        relocation assistance, engineering, safety, transportation 
        system management and operations, construction, maintenance, 
        contract administration, inspection, and highway finance.''.
            (2) Funding.--Of the amounts made available by section 
        5101(a)(2) of this Act, $8,000,000 for each of fiscal years 
        2004 through 2009 shall be available to carry out section 
        504(a) of title 23, United States Code.
    (b) Local Technical Assistance Program.--
            (1) In general.--Section 504(b) of such title is amended by 
        adding at the end the following:
            ``(3) Federal share.--
                    ``(A) Grants.--A grant under this subsection may be 
                used to pay up to 50 percent of local technical 
                assistance program costs. Funds available for 
                technology transfer and training purposes under this 
                title and title 49 may be used to cover the remaining 
                50 percent of the program costs.
                     ``(B) Tribal technical assistance centers.--The 
                Federal share of the cost of activities carried out by 
                the tribal technical assistance centers under paragraph 
                (2)(D)(ii) shall be 100 percent.''.
            (2) Funding.--Of the amounts made available by section 
        5101(a)(2) of this Act, $15,000,000 for each of fiscal years 
        2004 through 2009 shall be available to carry out section 
        504(b) of title 23, United States Code.
    (c) Eisenhower Transportation Fellowship Program.--Of the amounts 
made available by section 5101(a)(2) of this Act, $3,000,000 for each 
of fiscal years 2004 through 2009 shall be available to carry out 
section 504(c)(2) of title 23, United States Code.
    (d) Garrett Morgan Program.--[Reserved.]
    (e) Surface Transportation Workforce Development, Training, and 
Education.--Section 504 of such title is amended by adding at the end 
the following:
    ``(d) Surface Transportation Workforce Development, Training, and 
Education.--
            ``(1) Funding.--Subject to project approval by the 
        Secretary, a State may obligate funds apportioned to the State 
        under sections 104(b)(1), 104(b)(2), 104(b)(3), 104(b)(4), and 
        144(e) for surface transportation workforce development, 
        training and education, including--
                    ``(A) tuition and direct educational expenses, 
                excluding salaries, in connection with the education 
                and training of employees of State and local 
                transportation agencies;
                    ``(B) employee professional development;
                    ``(C) student internships;
                    ``(D) university or community college support; and
                    ``(E) education activities, including outreach, to 
                develop interest and promote participation in surface 
                transportation careers.
            ``(2) Federal share.--The Federal share of the cost of 
        activities carried out in accordance with this subsection shall 
        be 100 percent.
            ``(3) Surface transportation workforce development, 
        training, and education defined.--In this subsection, the term 
        `surface transportation workforce development, training, and 
        education' means activities associated with surface 
        transportation career awareness, student transportation career 
        preparation, and training and professional development for 
        surface transportation workers, including activities for women 
        and minorities.''.
    (f) Definitions and Declaration of Policy.--Section 101(a)(3) of 
such title is amended--
            (1) by striking ``and'' at the end of subparagraph (G);
            (2) by striking the period at the end of subparagraph (H) 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(I) surface transportation workforce development, 
                training, and education.''.

SEC. 5206. FREIGHT PLANNING CAPACITY BUILDING.

    (a) In General.--Section 504 of title 23, United States Code, is 
amended by adding at the end the following:
    ``(e) Freight Capacity Building Program.--
            ``(1) Establishment.--The Secretary shall establish a 
        freight planning capacity building initiative to support 
        enhancements in freight transportation planning in order to--
                    ``(A) better target investments in freight 
                transportation systems to maintain efficiency and 
                productivity; and
                    ``(B) strengthen the decisionmaking capacity of 
                State transportation departments and local 
                transportation agencies with respect to freight 
                transportation planning and systems.
            ``(2) Agreements.--The Secretary shall enter into 
        agreements to support and carry out administrative and 
        management activities relating to the governance of the freight 
        planning capacity initiative.
            ``(3) Stakeholder involvement.--In carrying out this 
        section, the Secretary shall consult with the Association of 
        Metropolitan Planning Organizations, the American Association 
        of State Highway and Transportation Officials, and other 
        freight planning stakeholders, including the other Federal 
        agencies, State transportation departments, local governments, 
        nonprofit entities, academia, and the private sector.
            ``(4) Eligible activities.--The freight planning capacity 
        building initiative shall include research, training, and 
        education in the following areas:
                    ``(A) The identification and dissemination of best 
                practices in freight transportation.
                    ``(B) Providing opportunities for freight 
                transportation staff to engage in peer exchange.
                    ``(C) Refinement of data and analysis tools used in 
                conjunction with assessing freight transportation 
                needs.
                    ``(D) Technical assistance to State transportation 
                departments and local transportation agencies 
                reorganizing to address freight transportation issues.
                    ``(E) Facilitating relationship building between 
                governmental and private entities involved in freight 
                transportation.
                    ``(F) Identifying ways to target the capacity of 
                State transportation departments and local 
                transportation agencies to address freight 
                considerations in operations, security, asset 
                management, and environmental excellence in connection 
                with long-range multimodal transportation planning and 
                project implementation.
            ``(5) Funding.--
                    ``(A) Federal share.--The Federal share of the cost 
                of an activity carried out under this section shall be 
                up to 100 percent, and such funds shall remain 
                available until expended.
                    ``(B) Use of non-federal funds.--Funds made 
                available for the program established under this 
                subsection may be used for research, program 
                development, information collection and dissemination, 
                and technical assistance. The Secretary may use such 
                funds independently or make grants to, or enter into 
                contracts, cooperative agreements, and other 
                transactions with, a Federal agency, State agency, 
                local agency, Federally recognized Indian tribal 
                government or tribal consortium, authority, 
                association, nonprofit or for-profit corporation, or 
                institution of higher education, to carry out the 
                purposes of this subsection.''.
    (b) Funding.--Of the amounts made available by section 5101(a)(2) 
of this Act, $10,000,000 for each of fiscal years 2004 through 2009 
shall be available to carry out section 504(e) of title 23, United 
States Code.
    (c) Technical Amendment.--Section 508(e)(3)(C) of such title is 
amended by inserting ``of title 31'' after ``1116''.

SEC. 5207. ADVANCED TRAVEL FORECASTING PROCEDURES PROGRAM.

    (a) Continuation and Acceleration of TRANSIMS Deployment.--The 
Secretary shall accelerate the deployment of the advanced 
transportation model known as the ``Transportation Analysis Simulation 
System'' (in this section referred to as ``TRANSIMS''), developed by 
the Los Alamos National Laboratory. The program shall assist State 
departments of transportation and metropolitan planning organizations 
in the implementation of TRANSIMS, develop methods for TRANSIMS 
applications to transportation planning and air quality analysis, and 
provide training and technical assistance for the implementation of 
TRANSIMS. The program may support the development of methods to plan 
for the transportation response to chemical and biological terrorism 
and other security concerns.
    (b) Eligible Activities.--The Secretary shall use funds made 
available by section 5101(a)(1) to--
            (1) provide funding to State departments of transportation 
        and metropolitan planning organizations serving transportation 
        management areas designated under chapter 52 of title 49, 
        United States Code, representing a diversity of populations, 
        geographic regions, and analytic needs to implement TRANSIMS;
            (2) develop methods to demonstrate a wide spectrum of 
        TRANSIMS applications to support metropolitan and statewide 
        transportation planning, including integrating highway and 
        transit operational considerations into the transportation 
        planning process; and
          (3) provide training and technical assistance with respect to 
        the implementation and application of TRANSIMS to States, local 
        governments, and metropolitan planning organizations with 
        responsibility for travel modeling.
    (c) Allocation of Funds.--Not more than 75 percent of the funds 
made available to carry out this section may be allocated to activities 
described in subsection (b)(1).
    (d) Funding.--Of the amounts made available by section 5101(a)(1) 
of this Act, $5,000,000 for each of fiscal years 2004 through 2009 
shall be available to carry out this section.

SEC. 5208. NATIONAL COOPERATIVE FREIGHT TRANSPORTATION RESEARCH 
              PROGRAM.

    (a) In General.--Chapter 5 of title 23, United States Code, is 
further amended by adding at the end the following:
``Sec. 509. National cooperative freight transportation research 
              program
    ``(a) Establishment.--The Secretary shall establish and support a 
national cooperative freight transportation research program.
    ``(b) Agreement.--The Secretary shall enter into an agreement with 
the National Academy of Sciences to support and carry out 
administrative and management activities relating to the governance of 
the national cooperative freight transportation research program.
    ``(c) Advisory Committee.--The National Academy of Sciences shall 
select an advisory committee consisting of a representative cross-
section of freight stakeholders, including the Department of 
Transportation, other Federal agencies, State transportation 
departments, local governments, nonprofit entities, academia, and the 
private sector.
    ``(d) Governance.--The national cooperative freight transportation 
research program established under this section shall include the 
following administrative and management elements:
            ``(1) National research agenda.--The advisory committee, in 
        consultation with interested parties, shall recommend a 
        national research agenda for the program. The agenda shall 
        include a multiyear strategic plan.
            ``(2) Involvement.--Interested parties may--
                    ``(A) submit research proposals to the advisory 
                committee;
                    ``(B) participate in merit reviews of research 
                proposals and peer reviews of research products; and
                    ``(C) receive research results.
            ``(3) Open competition and peer review of research 
        proposals.--The National Academy of Sciences may award research 
        contracts and grants under the program through open competition 
        and merit review conducted on a regular basis.
            ``(4) Evaluation of research.--
                    ``(A) Peer review.--Research contracts and grants 
                under the program may allow peer review of the research 
                results.
                    ``(B) Programmatic evaluations.--The National 
                Academy of Sciences may conduct periodic programmatic 
                evaluations on a regular basis of research contracts 
                and grants.
            ``(5) Dissemination of research findings.--The National 
        Academy of Sciences shall disseminate research findings to 
        researchers, practitioners, and decisionmakers, through 
        conferences and seminars, field demonstrations, workshops, 
        training programs, presentations, testimony to government 
        officials, World Wide Web, publications for the general public, 
        and other appropriate means.
    ``(e) Contents.--The national research agenda required under 
subsection (d)(1) shall include research in the following areas:
            ``(1) Techniques for estimating and quantifying public 
        benefits derived from freight transportation projects.
            ``(2) Alternative approaches to calculating the 
        contribution of truck and rail traffic to congestion on 
        specific highway segments.
            ``(3) The feasibility of consolidating origins and 
        destinations for freight movement.
            ``(4) Methods for incorporating estimates of international 
        trade into landside transportation planning.
            ``(5) The use of technology applications to increase 
        capacity of highway lanes dedicated to truck-only traffic.
            ``(6) Development of physical and policy alternatives for 
        separating car and truck traffic.
            ``(7) Ways to synchronize infrastructure improvements with 
        freight transportation demand.
            ``(8) The effect of changing patterns of freight movement 
        on transportation planning decisions relating to rest areas.
            ``(9) Other research areas to identify and address the 
        emerging and future research needs related to freight 
        transportation by all modes.
    ``(f) Funding.--
            ``(1) Federal share.--The Federal share of the cost of an 
        activity carried out under this section shall be up to 100 
        percent, and such funds shall remain available until expended.
            ``(2) Use of non-federal funds.--In addition to using funds 
        authorized for this section, the National Academy of Sciences 
        may seek and accept additional funding sources from public and 
        private entities capable of accepting funding from the 
        Department of Transportation, States, local governments, 
        nonprofit foundations, and the private sector.''.
    (b) Conforming Amendment.--The analysis for such chapter is further 
amended by adding at the end the following:

``509. National cooperative freight transportation research program.''.
    (c) Funding.--Of the amounts made available by section 5101(a)(1) 
of this Act, $10,000,000 for each of fiscal years 2004 through 2009 
shall be available to carry out section 509 of title 23, United States 
Code.

SEC. 5209. FUTURE STRATEGIC HIGHWAY RESEARCH PROGRAM.

    (a) In General.--Chapter 5 of title 23, United States Code, is 
further amended by adding at the end the following:
``Sec. 510. Future strategic highway research program
    ``(a) Establishment.--The Secretary, in consultation with the 
American Association of State Highway and Transportation Officials, 
shall establish and carry out, acting through the National Research 
Council of the National Academy of Sciences, the future strategic 
highway research program.
    ``(b) Cooperative Agreements.--The Secretary may make grants to, 
and enter into cooperative agreements with, the American Association of 
State Highway and Transportation Officials and the National Academy of 
Sciences to carry out such activities under this subsection as the 
Secretary determines are appropriate.
    ``(c) Period of Availability.--Funds made available to carry out 
this section shall remain available for the fiscal year in which such 
funds are made available and the 3 succeeding fiscal years.
    ``(d) Program Priorities.--
            ``(1) Program elements.--The program established under this 
        section shall be based on the National Research Council Special 
        Report 260, entitled `Strategic Highway Research: Saving Lives, 
        Reducing Congestion, Improving Quality of Life' and the results 
        of the detailed planning work subsequently carried out in 2002 
        and 2003 to identify the research areas through National 
        Cooperative Research Program Project 20-58. The research 
        program shall include an analysis of the following:
                    ``(A) Renewal of aging highway infrastructure with 
                minimal impact to users of the facilities.
                    ``(B) Driving behavior and likely crash causal 
                factors to support improved countermeasures.
                    ``(C) Reducing highway congestion due to 
                nonrecurring congestion.
                    ``(D) Planning and designing new road capacity to 
                meet mobility, economic, environmental, and community 
                needs.
            ``(2) Dissemination of results.--The research results of 
        the program, expressed in terms of technologies, methodologies, 
        and other appropriate categorizations, shall be disseminated to 
        practicing engineers for their use, as soon as practicable.
    ``(e) Program Administration.--In carrying out the program under 
this section, the National Research Council shall ensure, to the 
maximum extent practicable, that--
            ``(1) projects and researchers are selected to conduct 
        research for the program on the basis of merit and open 
        solicitation of proposals and review by panels of appropriate 
        experts;
            ``(2) State department of transportation officials and 
        other stakeholders, as appropriate, are involved in the 
        governance of the program at the overall program level and 
        technical level through the use of expert panels and 
        committees;
            ``(3) the Council acquires a qualified, permanent core 
        staff with the ability and expertise to manage the program and 
        multiyear budget; and
            ``(4) there is no duplication of research effort between 
        the program and any other research effort of the Department.
    ``(f) Report on Implementation of Results.--
            ``(1) Report.--The Transportation Research Board of the 
        National Research Council shall complete a report on the 
        strategies and administrative structure to be used for 
        implementation of the results of the future strategic highway 
        research program.
            ``(2) Components.--The report under paragraph (1) shall 
        include with respect to the program--
                    ``(A) an identification of the most promising 
                results of research under the program (including the 
                persons most likely to use the results);
                    ``(B) a discussion of potential incentives for, 
                impediments to, and methods of, implementing those 
                results;
                    ``(C) an estimate of costs of implementation of 
                those results; and
                    ``(D) recommendations on methods by which 
                implementation of those results should be conducted, 
                coordinated, and supported in future years, including a 
                discussion of the administrative structure and 
                organization best suited to carry out those 
                recommendations.
            ``(3) Consultation.--In developing the report, the 
        Transportation Research Board shall consult with a wide variety 
        of stakeholders, including--
                    ``(A) the Federal Highway Administration;
                    ``(B) the National Highway Traffic Safety 
                Administration; and
                    ``(C) the American Association of State Highway and 
                Transportation Officials.
            ``(4) Submission.--Not later than February 1, 2009, the 
        report shall be submitted to the Committee on Environment and 
        Public Works of the Senate and the Committee on Transportation 
        and Infrastructure of the House of Representatives.
    ``(g) Limitation of Remedies.--
            ``(1) Same remedy as if united states.--The remedy against 
        the United States provided by sections 1346(b) and 2672 of 
        title 28 for injury, loss of property, personal injury, or 
        death shall apply to any claim against the National Academy of 
        Sciences for money damages for injury, loss of property, 
        personal injury, or death caused by any negligent or wrongful 
        act or omission by employees and individuals described in 
        paragraph (3) arising from activities conducted under or in 
        connection with this section. Any such claim shall be subject 
        to the limitations and exceptions which would be applicable to 
        such claim if such claim were against the United States. With 
        respect to any such claim, the Secretary shall be treated as 
        the head of the appropriate Federal agency for purposes of 
        sections 2672 and 2675 of title 28.
            ``(2) Exclusiveness of remedy.--The remedy referred to in 
        paragraph (1) shall be exclusive of any other civil action or 
        proceeding for the purpose of determining liability arising 
        from any such act or omission without regard to when the act or 
        omission occurred.
            ``(3) Treatment.--Employees of the National Academy of 
        Sciences and other individuals appointed by the president of 
        the National Academy of Sciences and acting on its behalf in 
        connection with activities carried out under this section shall 
        be treated as if they are employees of the Federal Government 
        under section 2671 of title 28 for purposes of a civil action 
        or proceeding with respect to a claim described in paragraph 
        (1). The civil action or proceeding shall proceed in the same 
        manner as any proceeding under chapter 171 of title 28 or 
        action against the United States filed pursuant to section 
        1346(b) of title 28 and shall be subject to the limitations and 
        exceptions applicable to such a proceeding or action.
            ``(4) Sources of payments.--Payment of any award, 
        compromise, or settlement of a civil action or proceeding with 
        respect to a claim described in paragraph (1) shall be paid 
        first out of insurance maintained by the National Academy of 
        Sciences, second from funds made available to carry out this 
        section, and then from sums made available under section 1304 
        of title 31. For purposes of such section, such an award, 
        compromise, or settlement shall be deemed to be a judgment, 
        award, or settlement payable under section 2414 or 2672 of 
        title 28. The Secretary may establish a reserve of funds made 
        available to carry out this section for making payments under 
        this paragraph.
    ``(f) Funding.--
            ``(1) Federal share.--The Federal share of the cost of an 
        activity carried out using amounts made available under a grant 
        or cooperative agreement under this section shall be 100 
        percent, and such funds shall remain available until expended.
            ``(2) Advance payments.--The Secretary may make advance 
        payments as necessary to carry out the program under this 
        section.''.
    (b) Conforming Amendment.--The analysis for such chapter is further 
amended by adding at the end the following:

``510. Future strategic highway research program.''.
    (c) Funding.--Of the amounts made available by section 5101(a)(1) 
of this Act, $75,000,000 for each of fiscal years 2004 through 2009 
shall be available to carry out section 510 of title 23, United States 
Code.

SEC. 5210. TRANSPORTATION SAFETY INFORMATION MANAGEMENT SYSTEM PROJECT.

    (a) In General.--The Secretary shall fund and carry out a project 
to further the development of a comprehensive transportation safety 
information management system (in this section referred to as 
``TSIMS'').
    (b) Purposes.--The purpose of the TSIMS project is to further the 
development of a software application to provide for the collection, 
integration, management, and dissemination of safety data from and for 
use among State and local safety and transportation agencies, including 
driver licensing, vehicle registration, emergency management system, 
injury surveillance, roadway inventory, and motor carrier databases.
    (c) Funding.--
            (1) Federal contribution.--Of the amounts made available by 
        section 5101(a)(1) of this Act, $5,000,000 for each of fiscal 
        years 2004 and 2005 shall be available to carry out the TSIMS 
        project under this section.
            (2) State contribution.--The sums authorized in paragraph 
        (1) are intended to supplement voluntary contributions to be 
        made by State departments of transportation and other State 
        safety and transportation agencies.

SEC. 5211. SURFACE TRANSPORTATION CONGESTION RELIEF SOLUTIONS RESEARCH 
              INITIATIVE.

    (a) Establishment.--During fiscal year 2004, the Secretary, acting 
through the Federal Highway Administration, shall establish a surface 
transportation congestion solutions research initiative consisting of 2 
independent research programs described in subsections (b)(1) and 
(b)(2) and designed to develop information to assist State 
transportation departments and metropolitan planning organizations 
measure and address surface transportation congestion problems.
    (b) Surface Transportation Congestion Solutions Research Program.--
            (1) Improved surface transportation congestion management 
        system measures.--The purposes of the first research program 
        established under this section shall be--
                    (A) to examine the effectiveness of surface 
                transportation congestion management systems since 
                enactment of the Intermodal Surface Transportation 
                Assistance Act of 1991 (Public Law 102-240);
                    (B) to identify best case examples of locally 
                designed reporting methods and incorporate such methods 
                in research on national models for developing and 
                recommending improved surface transportation congestion 
                measurement and reporting; and
                    (C) to incorporate such methods in the development 
                of national models and methods to monitor, measure, and 
                report surface transportation congestion information.
            (2) Analytical techniques for action on surface 
        transportation congestion.--The purposes of the second research 
        program established under this section shall be--
                    (A) to analyze the effectiveness of procedures used 
                by State transportation departments and metropolitan 
                planning organizations to assess surface transportation 
                congestion problems and communicate those problems to 
                decisionmakers; and
                    (B) to identify methods to ensure that the results 
                of surface transportation congestion analyses will lead 
                to the targeting of funding for programs, projects, or 
                services with demonstrated effectiveness in reducing 
                travel delay, congestion, and system unreliability.
    (c) Technical Assistance and Training.--In fiscal year 2006, the 
Secretary, acting through the Federal Highway Administration, shall 
develop a technical assistance and training program to disseminate the 
results of the surface transportation congestion solutions research 
initiative for the purpose of assisting State transportation 
departments and local transportation agencies with improving their 
approaches to surface transportation congestion measurement, analysis, 
and project programming.
    (d) Funding.--Of the amounts made available by sections 5101(a)(1) 
of this Act, $18,000,000 for each of fiscal years 2004 through 2009 
shall be available to carry out subsections (a) and (b). Of the amounts 
made available by section 5101(a)(2), $2,000,000 for each of fiscal 
years 2004 through 2009 shall be available to carry out subsection (c).

      Subtitle C--University Transportation Research; Scholarship 
                             Opportunities

SEC. 5301. NATIONAL UNIVERSITY TRANSPORTATION CENTERS.

    (a) In General.--Section 5505 of title 49, United States Code, is 
amended to read as follows:
``Sec. 5505. National university transportation centers
    ``(a) In General.--
            ``(1) Establishment and operation.--The Secretary of 
        Transportation shall make grants under this section to eligible 
        nonprofit institutions of higher learning to establish and 
        operate national university transportation centers.
            ``(2) Role of centers.--The role of each center shall be to 
        advance significantly transportation research on critical 
        national transportation issues and to expand the workforce of 
        transportation professionals.
    ``(b) Applicability of Requirements.--A grant received by an 
eligible nonprofit institution of higher learning under this section 
shall be available for the same purposes, and shall be subject to the 
same terms and conditions, as a grant made to a nonprofit institution 
of higher learning under section 5506.
    ``(c) Eligible Nonprofit Institution of Higher Learning Defined.--
In this section, the term `eligible nonprofit institution of higher 
learning' means each of the lead institutions identified in subsections 
(j)(4)(A), (j)(4)(B), and (j)(4)(F) of section 5505 as in effect on the 
day before the date of enactment of the Transportation Equity Act: A 
Legacy for Users, the university referred to in section 704 of Public 
Law 103-206 (107 Stat. 2447), and the university that, as of the day 
before such date of enactment, is the lead institution for the regional 
university transportation center for region 5 of the Standard Federal 
Regional Boundary System.
    ``(d) Grants.--In each of fiscal years 2004 through 2009, the 
Secretary shall make a grant under this section to each eligible 
nonprofit institution of higher learning in an amount not to exceed 
$4,000,000.''.
    (b) Conforming Amendment.--The analysis for subchapter I of chapter 
55 of such title is amended by striking the item relating to section 
5505 and inserting the following:

``5505. National university transportation centers.''.

SEC. 5302. UNIVERSITY TRANSPORTATION RESEARCH.

    (a) In General.--Section 5506 of title 49, United States Code, is 
amended to read as follows:
``Sec. 5506. University transportation research
    ``(a) In General.--The Secretary of Transportation shall make 
grants under this section to nonprofit institutions of higher learning 
to establish and operate university transportation centers.
    ``(b) Objectives.--Grants received under this section shall be used 
by nonprofit institutions of higher learning to advance significantly 
the state-of-the-art in transportation research and expand the 
workforce of transportation professionals through the following 
programs and activities:
            ``(1) Research.--Basic and applied research, the products 
        of which are judged by peers or other experts in the field of 
        transportation to advance the body of knowledge in 
        transportation.
            ``(2) Education.--An education program relating to 
        transportation that includes multidisciplinary course work and 
        participation in research.
            ``(3) Technology transfer.--An ongoing program of 
        technology transfer that makes transportation research results 
        available to potential users in a form that can be implemented, 
        utilized, or otherwise applied.
    ``(c) Regional, Tier I, and Tier II Centers.--
            ``(1) In general.--For each of fiscal years 2004 through 
        2009, the Secretary shall make grants under subsection (a) to 
        nonprofit institutions of higher learning to establish and 
        operate--
                    ``(A) 10 regional university transportation 
                centers;
                    ``(B) 10 Tier I university transportation centers; 
                and
                    ``(C) 10 Tier II university transportation centers.
            ``(2) Location of regional centers.--One regional 
        university transportation center shall be located in each of 
        the 10 United States Government regions that comprise the 
        Standard Federal Regional Boundary System.
            ``(3) Limitation.--A nonprofit institution of higher 
        learning may not directly receive a grant under this section 
        for a fiscal year for more than one university transportation 
        center.
    ``(d) Competitive Selection Process.--
            ``(1) Applications.--In order to be eligible to receive a 
        grant under this section, a nonprofit institution of higher 
        learning shall submit to the Secretary an application that is 
        in such form and contains such information as the Secretary may 
        require.
            ``(2) General selection criteria.--Except as otherwise 
        provided by this section, the Secretary shall select each 
        recipient of a grant under this section through a competitive 
        process on the basis of the following:
                    ``(A) The demonstrated research and extension 
                resources available to the recipient to carry out this 
                section.
                    ``(B) The capability of the recipient to provide 
                leadership in making national and regional 
                contributions to the solution of immediate and long-
                range transportation problems.
                    ``(C) The recipient's demonstrated commitment of at 
                least $400,000 each year in regularly budgeted 
                institutional amounts to support ongoing transportation 
                research and education programs.
                    ``(D) The recipient's demonstrated ability to 
                disseminate results of transportation research and 
                education programs through a statewide or regionwide 
                continuing education program.
                    ``(E) The strategic plan the recipient proposes to 
                carry out under the grant.
    ``(e) Regional University Transportation Centers.--
            ``(1) Competition.--Not later than March 31, 2005, and not 
        later than March 31st of every 4th year thereafter, the 
        Secretary shall complete a competition among nonprofit 
        institutions of higher learning for grants to establish and 
        operate the 10 regional university transportation centers 
        referred to in subsection (c)(1)(A).
            ``(2) Selection criteria.--In conducting a competition 
        under paragraph (1), the Secretary shall select a nonprofit 
        institution of higher learning on the basis of--
                    ``(A) the criteria described in subsection (d)(2);
                    ``(B) the location of the center within the Federal 
                region to be served; and
                    ``(C) whether or not the institution (or, in the 
                case of a consortium of institutions, the lead 
                institution) can demonstrate that it has a well-
                established, nationally recognized program in 
                transportation research and education, as evidenced 
                by--
                            ``(i) not less than $2,000,000 in highway 
                        or public transportation research expenditures 
                        per year for each of the preceding 5 years;
                            ``(ii) not less than 10 graduate degrees 
                        awarded in professional fields closely related 
                        to highways and public transportation per year 
                        for each of the preceding 5 years;
                            ``(iii) not less than 5 tenured or tenure-
                        track faculty members who specialize on a full-
                        time basis in professional fields closely 
                        related to highways and public transportation; 
                        and
                            ``(iv) a faculty that has published a total 
                        of at least 50 refereed journal publications on 
                        highway or public transportation research 
                        during the preceding 5 years.
            ``(3) Grant recipients.--After selecting a nonprofit 
        institution of higher learning as a grant recipient on the 
        basis of a competition conducted under this subsection, the 
        Secretary shall make a grant to the recipient to establish and 
        operate a regional university transportation center in each of 
        the first 4 fiscal years beginning after the date of the 
        competition.
            ``(4) Special rule for fiscal years 2004 and 2005.--For 
        each of fiscal years 2004 and 2005, the Secretary shall make a 
        grant under this section to each of the 10 nonprofit 
        institutions of higher learning that were competitively 
        selected for grants by the Secretary under this section in July 
        1999 to operate regional university transportation centers.
            ``(5) Amount of grants.--For each of fiscal years 2004 
        through 2009, a grant made by the Secretary to a nonprofit 
        institution of higher learning for a fiscal year to establish 
        and operate a regional university transportation center shall 
        not exceed $4,000,000.
    ``(f) Tier I University Transportation Centers.--
            ``(1) Competition.--Not later than March 31, 2006, and not 
        later than March 31st of every 4th year thereafter, the 
        Secretary shall complete a competition among nonprofit 
        institutions of higher learning for grants to establish and 
        operate the 10 Tier I university transportation centers 
        referred to in subsection (c)(1)(B).
            ``(2) Selection criteria.--In conducting a competition 
        under paragraph (1), the Secretary shall select a nonprofit 
        institution of higher learning on the basis of--
                    ``(A) the criteria described in subsection (d)(2); 
                and
                    ``(B) whether or not the institution (or, in the 
                case of a consortium of institutions, the lead 
                institution) can demonstrate that it has an 
                established, recognized program in transportation 
                research and education, as evidenced by--
                            ``(i) not less than $1,000,000 in highway 
                        or public transportation research expenditures 
                        per year for each of the preceding 5 years;
                            ``(ii) not less than 5 graduate degrees 
                        awarded in professional fields closely related 
                        to highways and public transportation per year 
                        for each of the preceding 5 years;
                            ``(iii) not less than 3 tenured or tenure-
                        track faculty members who specialize on a full-
                        time basis in professional fields closely 
                        related to highways and public transportation; 
                        and
                            ``(iv) a faculty that has published a total 
                        of at least 20 refereed journal publications on 
                        highway or public transportation research 
                        during the preceding 5 years.
            ``(3) Grant recipients.--After selecting a nonprofit 
        institution of higher learning as a grant recipient on the 
        basis of a competition conducted under this subsection, the 
        Secretary shall make a grant to the recipient to establish and 
        operate a Tier I university transportation center in each of 
        the first 4 fiscal years beginning after the date of the 
        competition.
            ``(4) Special rule for fiscal years 2004, 2005, and 2006.--
        For each of fiscal years 2004, 2005, and 2006, the Secretary 
        shall make a grant under this section to each of the 10 
        nonprofit institutions of higher learning that were 
        competitively selected for grant awards by the Secretary under 
        this section in May 2002 to operate university transportation 
        centers (other than regional centers).
            ``(5) Amount of grants.--For each of fiscal years 2004 
        through 2009, a grant made by the Secretary to a nonprofit 
        institution of higher learning for a fiscal year to establish 
        and operate a Tier I university transportation center shall not 
        exceed $2,000,000.
    ``(g) Tier II University Transportation Centers.--
            ``(1) Competition.--Not later than August 31, 2004, not 
        later than March 31, 2008, and not later than March 31st of 
        every 4th year thereafter, the Secretary shall complete a 
        competition among nonprofit institutions of higher learning for 
        grants to establish and operate the 10 Tier II university 
        transportation centers referred to in subsection (c)(1)(C).
            ``(2) Selection criteria.--In conducting a competition 
        under paragraph (1), the Secretary shall select a nonprofit 
        institution of higher learning on the basis of the criteria 
        described in subsection (f)(2).
            ``(3) Grant recipients.--After selecting a nonprofit 
        institution of higher learning as a grant recipient on the 
        basis of a competition conducted under this subsection, the 
        Secretary shall--
                    ``(A) in the case of the competition to be 
                completed not later than August 31, 2004, make a grant 
                to the recipient to establish and operate a Tier II 
                university transportation center in each of fiscal 
                years 2004 through 2008; and
                    ``(B) in the case of each subsequent competition, 
                make a grant to the recipient to establish and operate 
                a Tier II university transportation center in each of 
                the first 4 fiscal years beginning after the date of 
                the competition.
            ``(4) Amount of Grants.--For each of fiscal years 2004 
        through 2009, a grant made by the Secretary to a nonprofit 
        institution of higher learning for a fiscal year to establish 
        and operate a Tier II university transportation center shall 
        not exceed $1,000,000.
    ``(h) Support of National Strategy for Surface Transportation 
Research.--In order to be eligible to receive a grant under this 
section, a nonprofit institution of higher learning shall provide 
assurances satisfactory to the Secretary that the research and 
education activities of its university transportation center will 
support the national strategy for surface transportation research, as 
identified by--
            ``(1) the report of the National Highway Research and 
        Technology Partnership entitled `Highway Research and 
        Technology: The Need for Greater Investment', dated April 2002; 
        and
            ``(2) the programs of the National Research and Technology 
        Program of the Federal Transit Administration.
    ``(i) Maintenance of Effort.--In order to be eligible to receive a 
grant under this section, a nonprofit institution of higher learning 
shall enter into an agreement with the Secretary to ensure that the 
institution will maintain total expenditures from all other sources to 
establish and operate a university transportation center and related 
research activities at a level at least equal to the average level of 
such expenditures in its 2 fiscal years prior to award of a grant under 
this section.
    ``(j) Federal Share.--The Federal share of the costs of activities 
carried out using a grant made under this section shall be 50 percent 
of such costs. The non-Federal share may include funds provided to a 
recipient under section 503, 504(b), or 505 of title 23.
    ``(k) Program Coordination.--
            ``(1) Coordination.--The Secretary shall coordinate the 
        research, education, and technology transfer activities that 
        grant recipients carry out under this section, disseminate the 
        results of the research, and establish and operate a 
        clearinghouse to disseminate the results of the research.
            ``(2) Annual review and evaluation.--At least annually, and 
        consistent with the plan developed under section 508 of title 
        23, the Secretary shall review and evaluate programs of grant 
        recipients.
            ``(3) Management and oversight.--The Secretary shall expend 
        $2,000,000 per fiscal year from amounts made available to carry 
        out this section to carry out management and oversight of the 
        centers receiving assistance under this section.
    ``(l) Program Administration.--The Secretary shall carry out this 
section acting through the Administrator of the Research and Special 
Programs Administration.
    ``(m) Limitation on Availability of Funds.--Funds made available to 
carry out this section shall remain available for obligation by the 
Secretary for a period of 2 years after the last day of the fiscal year 
for which such funds are authorized.''.
    (b) Conforming Amendment.--The analysis for subchapter I of chapter 
55 of such title is amended by striking the item relating to section 
5506 and inserting the following:

``5506. University transportation research.''.

SEC. 5303. TRANSPORTATION SCHOLARSHIP OPPORTUNITIES PROGRAM.

    (a) In General.--
            (1) Establishment of program.--The Secretary may establish 
        and implement a scholarship program for the purpose of 
        attracting qualified students for transportation-related 
        critical jobs.
            (2) Partnership.--The Secretary may establish the program 
        in partnership with appropriate nongovernmental institutions.
    (b) Participation and Funding.--An operating administration of the 
Department of Transportation and the Office of Inspector General may 
participate in the scholarship program. Notwithstanding any other 
provision of law, the Secretary may use funds available to an operating 
administration or from the Office of Inspector General of the 
Department of Transportation for the purpose of carrying out this 
section.

                   Subtitle D--Advanced Technologies

SEC. 5401. ADVANCED HEAVY-DUTY VEHICLE TECHNOLOGIES RESEARCH PROGRAM.

     (a) In General.--Subchapter I of chapter 55 of title 49, United 
States Code, is amended by adding at the end the following:
``Sec. 5507. Advanced heavy-duty vehicle technologies research program
    ``(a) In General.--The Secretary of Transportation shall conduct 
research, development, demonstration, and testing to integrate emerging 
advanced heavy-duty vehicle technologies in order to provide seamless, 
safe, secure, and efficient transportation and to benefit the 
environment.
    ``(b) Consultation.--To ensure the activities performed pursuant to 
this section achieve the maximum benefit, the Secretary of 
Transportation shall consult with the Secretary of Energy, the 
Administrator of the Environmental Protection Agency, and other 
relevant Federal agencies on research, development, and demonstration 
activities authorized under this section related to advanced heavy-duty 
vehicle technologies.
    ``(c) Grants, Cooperative Agreements, and Other Transactions.--The 
Secretary may make grants to, and enter into cooperative agreements and 
other transactions with, Federal and other public agencies (including 
State and local governments) and persons to carry out subsection (a).
    ``(d) Cost Sharing.--At least 50 percent of the funding for 
projects carried out under this section must be provided by non-Federal 
sources.
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated from the Highway Trust Fund (other than the Mass Transit 
Account) to carry out subsection (a) $8,000,000 for fiscal year 2005, 
$8,000,000 for fiscal year 2006, $8,000,000 for fiscal year 2007, 
$6,000,000 for fiscal year 2008, and $4,000,000 for fiscal year 2009.
    ``(f) Contract Authority.--The funds authorized to be appropriated 
by subsection (e) shall be available for obligation in the same manner 
as if such funds were apportioned under chapter 1 of title 23 and shall 
be subject to any limitation on obligations imposed on funds made 
available to carry out title V of the Transportation Equity Act: A 
Legacy for Users.''.
    (b) Conforming Amendment.--The analysis for subchapter I of chapter 
55 of such title is amended by adding at the end the following:

``5507. Advanced heavy-duty vehicle technologies research program.''.

SEC. 5402. COMMERCIAL REMOTE SENSING PRODUCTS AND SPATIAL INFORMATION 
              TECHNOLOGIES.

    (a) In General.--The Secretary shall establish and carry out a 
program to validate commercial remote sensing products and spatial 
information technologies for application to national transportation 
infrastructure development and construction.
    (b) Program.--
            (1) National policy.--The Secretary shall establish and 
        maintain a national policy for the use of commercial remote 
        sensing products and spatial information technologies in 
        national transportation infrastructure development and 
        construction.
            (2) Policy implementation.--The Secretary shall develop new 
        applications of commercial remote sensing products and spatial 
        information technologies for the implementation of the national 
        policy established and maintained under paragraph (1).
    (c) Cooperation.--The Secretary shall carry out this section in 
cooperation with the commercial remote sensing program of the National 
Aeronautics and Space Administration and a consortium of university 
research centers.
    (d) Funding.--Of the amounts made available by section 5101(a)(1) 
of this Act, $12,000,000 for each of fiscal years 2004 through 2009 
shall be available to carry out this section.

              Subtitle E--Transportation Data and Analysis

SEC. 5501. BUREAU OF TRANSPORTATION STATISTICS.

    Section 111 of title 49, United States Code, is amended by striking 
subsections (b) through (k) and inserting the following:
    ``(b) Director.--
            ``(1) In general.--The Bureau shall be headed by a Director 
        who shall be appointed by the President, by and with the advice 
        and consent of the Senate.
            ``(2) Appointment.--The Director shall be appointed from 
        among individuals who are qualified to serve as the Director by 
        virtue of their training and experience in the collection, 
        analysis and use of transportation data.
            ``(3) Reporting to secretary.--The Director shall report 
        directly to the Secretary of Transportation.
            ``(4) Term.--The term of the Director shall be 4 years. The 
        Director may continue to serve after the expiration of the term 
        until a successor is appointed and confirmed.
    ``(c) Responsibilities.--The Director of the Bureau shall serve as 
the Secretary's senior advisor on data and statistics and be 
responsible for carrying out the following duties:
            ``(1) Collecting, analyzing, and disseminating data 
        concerning the domestic and international movement of freight.
            ``(2) Collecting, analyzing, and disseminating data 
        concerning travel patterns for local and long-distance travel, 
        at the local, State, national, and international levels.
            ``(3) Developing, analyzing, and disseminating information 
        on the economics of transportation.
            ``(4) Building and disseminating the transportation layer 
        of the National Spatial Data Infrastructure, including 
        coordinating the development of transportation geospatial data 
        standards, compiling intermodal geospatial data, and collecting 
        geospatial data that is not being collected by others.
            ``(5) Developing, publishing, and disseminating a 
        comprehensive set of measures of investment, use, costs, 
        performance, and impacts of the national transportation system, 
        including publishing an annual transportation statistics 
        abstract.
            ``(6) Identifying information needs of the Department and 
        reviewing such needs at least annually with the Advisory 
        Council on Transportation Statistics of the Bureau.
            ``(7) Conducting or supporting research relating to methods 
        of gathering or analyzing transportation statistics and issuing 
        guidelines for the collection of information by the Department 
        in order to ensure that such information is accurate, relevant, 
        comparable, accessible, and in a form that permits systematic 
        analysis.
    ``(d) Coordinating Collection of Information.--The Director shall 
work with the operating administrations of the Department to establish 
and implement the Bureau's data programs and to improve the 
coordination of information collection efforts with other Federal 
agencies.
    ``(e) Supporting Transportation Decisionmaking.--The Director shall 
ensure that the statistics compiled under this section are relevant for 
transportation policy, planning, and decisionmaking by the Federal 
Government, State and local governments, transportation-related 
associations, private businesses, and the public. The Director shall 
provide to the Department's other operating administrations technical 
assistance on collecting, compiling, analyzing, and verifying 
transportation data and statistics and the design of surveys.
    ``(f) National Transportation Library.--
            ``(1) In general.--The Director shall establish and 
        maintain a National Transportation Library. The Library shall 
        contain a collection of statistical and other information 
        needed for transportation decisionmaking at the Federal, State, 
        and local levels.
            ``(2) Access.--The Director shall facilitate and promote 
        access to the Library, with the goal of improving the ability 
        of the transportation community to share information and the 
        ability of the Director to disseminate information under 
        subsection (c).
            ``(3) Coordination.--The Director shall work with other 
        transportation libraries and other transportation information 
        providers, both public and private, to achieve the goal 
        specified in paragraph (2).
            ``(4) Transportation research information service.--The 
        Director shall provide the full financial support for the web-
        based version of the Transportation Research Information 
        Service.
    ``(g) Research and Development Grants.--
            ``(1) In general.--The Secretary may make grants to, or 
        enter into cooperative agreements or contracts with, public and 
        nonprofit private entities (including State transportation 
        departments, metropolitan planning organizations, and 
        institutions of higher education) if each of the grants, 
        agreements, and contracts--
                    ``(A) provide for an alternative means of 
                accomplishing program-related research of the 
                Department;
                    ``(B) contribute to research and development of new 
                methods of transportation data collection; or
                    ``(C) improve the methods for sharing geographic 
                transportation data.
            ``(2) Funding limit.--Not more than $500,000 of the amounts 
        made available to carry out this section in a fiscal year may 
        be used for research and development grants under this 
        subsection.
    ``(h) Transportation Statistics Annual Report.--By March 31 of each 
year, the Director shall transmit to the President and Congress a 
report that includes information on the subjects described in 
subsection (c), documentation of the methods used to obtain the 
information and ensure the quality of the statistics presented in the 
report, and recommendations for improving transportation statistical 
information.
    ``(i) Proceeds of Data Product Sales.--Notwithstanding section 3302 
of title 31, funds received by the Bureau from the sale of data 
products, for necessary expenses incurred, may be credited to the 
Highway Trust Fund (other than the Mass Transit Account) for the 
purpose of reimbursing the Bureau for the expenses.
    ``(j) Limitations on Statutory Construction.--Nothing in this 
section shall be construed to--
            ``(1) authorize the Bureau to require any other department 
        or agency to collect data; or
            ``(2) reduce the authority of any other officer of the 
        Department of Transportation to collect and disseminate data 
        independently.
    ``(k) Mandatory Response Authority for Freight Data Collection.--
Whoever, being the owner, official, agent, person in charge, or 
assistant to the person in charge of any corporation, company, 
business, institution, establishment, or organization of any nature 
whatsoever, neglects or refuses, when requested by the Director or 
other authorized officer, employee, or contractor of the Bureau, to 
answer completely and correctly to the best of his or her knowledge all 
questions relating to the corporation, company, business, institution, 
establishment, or other organization, or to make available records or 
statistics in his or her official custody, contained in a data 
collection request prepared and submitted under the authority of 
subsection (c)(1), shall be fined not more than $500; but if he or she 
willfully gives a false answer to such a question, he or she shall be 
fined not more than $10,000.
    ``(l) Prohibition on Certain Disclosures.--
            ``(1) In general.--An officer, employee or contractor of 
        the Bureau may not--
                    ``(A) make any disclosure in which the data 
                provided by an individual or organization under 
                subsection (c) can be identified;
                    ``(B) use the information provided under subsection 
                (c) for a nonstatistical purpose; or
                    ``(C) permit anyone other than an individual 
                authorized by the Director to examine any individual 
                report provided under subsection (c).
            ``(2) Copies of reports.--
                    ``(A) In general.--No department, bureau, agency, 
                officer, or employee of the United States (except the 
                Director in carrying out this section) may require, for 
                any reason, a copy of any report that has been filed 
                under subsection (c) with the Bureau or retained by an 
                individual respondent.
                    ``(B) Limitation on judicial proceedings.--A copy 
                of a report described in subparagraph (A) that has been 
                retained by an individual respondent or filed with the 
                Bureau or any of its employees, contractors, or 
                agents--
                            ``(i) shall be immune from legal process; 
                        and
                            ``(ii) shall not, without the consent of 
                        the individual concerned, be admitted as 
                        evidence or used for any purpose in any action, 
                        suit, or other judicial or administrative 
                        proceeding.
                    ``(C) Applicability.--This paragraph shall apply 
                only to reports that permit information concerning an 
                individual or organization to be reasonably determined 
                by direct or indirect means.
            ``(3) Informing respondent of use of data.--In a case in 
        which the Bureau is authorized by statute to collect data or 
        information for a nonstatistical purpose, the Director shall 
        clearly distinguish the collection of the data or information, 
        by rule and on the collection instrument, so as to inform a 
        respondent that is requested or required to supply the data or 
        information of the nonstatistical purpose.
    ``(m) Data Access.--The Director shall have access to 
transportation and transportation-related information in the possession 
of any Federal agency except information--
            ``(1) the disclosure of which to another Federal agency is 
        expressly prohibited by law; or
            ``(2) the disclosure of which the agency so requested 
        determines would significantly impair the discharge of 
        authorities and responsibilities which have been delegated to, 
        or vested by law, in such agency.
    ``(n) Advisory Council on Transportation Statistics.--
            ``(1) Establishment.--There is established in the Bureau an 
        Advisory Council on Transportation Statistics.
            ``(2) Function.--It shall be the function of the Advisory 
        Council to advise the Director of the Bureau on transportation 
        statistics and analyses, including whether or not the 
        statistics and analysis disseminated by the Bureau are of high 
        quality and are based upon the best available objective 
        information.
            ``(3) Membership.--The Advisory Council shall be composed 
        of not more than 6 members appointed by the Director who are 
        not officers or employees of the United States. Each member 
        shall have expertise in transportation data collection or 
        analysis or application; except that 1 member shall have 
        expertise in economics and 1 member shall have expertise in 
        statistics. At least 1 member shall be a senior official of a 
        State department of transportation.
            ``(4) Applicability of federal advisory committee act.--The 
        Federal Advisory Committee Act (5 App. U.S.C.) shall apply to 
        the advisory council established under this section, except 
        that section 14 of such Act shall not apply to the Advisory 
        Council.''.

        Subtitle F--Intelligent Transportation Systems Research

SEC. 5601. SHORT TITLE.

    This subtitle may be cited as the ``Intelligent Transportation 
Systems Act of 2004''.

SEC. 5602. GOALS AND PURPOSES.

    (a) Goals.--The goals of the intelligent transportation system 
program include--
            (1) enhancement of surface transportation efficiency and 
        facilitation of intermodalism and international trade to enable 
        existing facilities to meet a significant portion of future 
        transportation needs, including public access to employment, 
        goods, and services and to reduce regulatory, financial, and 
        other transaction costs to public agencies and system users;
            (2) achievement of national transportation safety goals, 
        including the enhancement of safe operation of motor vehicles 
        and nonmotorized vehicles as well as improved emergency 
        response to a crash, with particular emphasis on decreasing the 
        number and severity of collisions;
            (3) protection and enhancement of the natural environment 
        and communities affected by surface transportation, with 
        particular emphasis on assisting State and local governments to 
        achieve national environmental goals;
            (4) accommodation of the needs of all users of surface 
        transportation systems, including operators of commercial motor 
        vehicles, passenger motor vehicles, motorcycles, and bicycles 
        and pedestrians, including individuals with disabilities; and
            (5) improvement of the Nation's ability to respond to 
        security-related or other manmade emergencies and natural 
        disasters and enhancement of national defense mobility.
    (b) Purposes.--The Secretary shall implement activities under the 
intelligent system transportation program to, at a minimum--
            (1) expedite, in both metropolitan and rural areas, 
        deployment and integration of intelligent transportation 
        systems for consumers of passenger and freight transportation;
            (2) ensure that Federal, State, and local transportation 
        officials have adequate knowledge of intelligent transportation 
        systems for full consideration in the transportation planning 
        process;
            (3) improve regional cooperation and operations planning 
        for effective intelligent transportation system deployment;
            (4) promote the innovative use of private resources;
            (5) facilitate, in cooperation with the motor vehicle 
        industry, the introduction of a vehicle-based safety enhancing 
        systems;
            (6) support the application of intelligent transportation 
        systems that increase the safety and efficiency of commercial 
        motor vehicle operations;
            (7) develop a workforce capable of developing, operating, 
        and maintaining intelligent transportation systems; and
            (8) provide continuing support for operations and 
        maintenance of intelligent transportation systems.

SEC. 5603. GENERAL AUTHORITIES AND REQUIREMENTS.

    (a) Scope.--Subject to the provisions of this subtitle, the 
Secretary shall conduct an ongoing intelligent transportation system 
program to research, develop, and operationally test intelligent 
transportation systems and advance nationwide deployment of such 
systems as a component of the surface transportation systems of the 
United States.
    (b) Policy.--Intelligent transportation system research projects 
and operational tests funded pursuant to this subtitle shall encourage 
and not displace public-private partnerships or private sector 
investment in such tests and projects.
    (c) Cooperation With Governmental, Private, and Educational 
Entities.--The Secretary shall carry out the intelligent transportation 
system program in cooperation with State and local governments and 
other public entities, the private sector of the United States, the 
Federal laboratories, and colleges and universities, including 
historically Black colleges and universities and other minority 
institutions of higher education.
    (d) Consultation With Federal Officials.--In carrying out the 
intelligent transportation system program, the Secretary shall consult 
with the heads of other Federal departments and agencies, as 
appropriate.
    (e) Technical Assistance, Training, and Information.--The Secretary 
may provide technical assistance, training, and information to State 
and local governments seeking to implement, operate, maintain, or 
evaluate intelligent transportation system technologies and services.
    (f) Transportation Planning.--The Secretary may provide funding to 
support adequate consideration of transportation systems management and 
operations, including intelligent transportation systems, within 
metropolitan and statewide transportation planning processes.
    (g) Information Clearinghouse.--
            (1) In general.--The Secretary shall--
                    (A) maintain a repository for technical and safety 
                data collected as a result of federally sponsored 
                projects carried out under this subtitle (including the 
                amendments made by this subtitle); and
                    (B) make, on request, that information (except for 
                proprietary information and data) readily available to 
                all users of the repository at an appropriate cost.
            (2) Agreement.--
                    (A) In general.--The Secretary may enter into an 
                agreement with a third party for the maintenance of the 
                repository for technical and safety data under 
                paragraph (1)(A).
                    (B) Federal financial assistance.--If the Secretary 
                enters into an agreement with an entity for the 
                maintenance of the repository, the entity shall be 
                eligible for Federal financial assistance under this 
                section.
            (3) Availability of information.--Information in the 
        repository shall not be subject to section 555 of title 5, 
        United States Code.
    (h) Advisory Committees.--In carrying out this subtitle, the 
Secretary may use one or more advisory committees that are subject to 
the Federal Advisory Committee Act (5 U.S.C. App.).
    (i) Reporting.--
            (1) Guidelines and requirements.--
                    (A) In general.--The Secretary shall issue 
                guidelines and requirements for the reporting and 
                evaluation of operational tests and deployment projects 
                carried out under this subtitle.
                    (B) Objectivity and independence.--The guidelines 
                and requirements issued under subparagraph (A) shall 
                include provisions to ensure the objectivity and 
                independence of the reporting entity so as to avoid any 
                real or apparent conflict of interest or potential 
                influence on the outcome by parties to any such test or 
                deployment project or by any other formal evaluation 
                carried out under this subtitle.
                    (C) Funding.--The guidelines and requirements 
                issued under subparagraph (A) shall establish reporting 
                funding levels based on the size and scope of each test 
                or project that ensure adequate reporting of the 
                results of the test or project.
            (2) Special rule.--Any survey, questionnaire, or interview 
        that the Secretary considers necessary to carry out the 
        reporting of any test, deployment project, or program 
        assessment activity under this subtitle shall not be subject to 
        chapter 35 of title 44.

SEC. 5604. NATIONAL ARCHITECTURE AND STANDARDS.

    (a) In General.--
            (1) Development, implementation, and maintenance.--
        Consistent with section 12(d) of the National Technology 
        Transfer and Advancement Act of 1995 (15 U.S.C. 272 note; 110 
        Stat. 783), the Secretary shall develop, implement, and 
        maintain a national architecture and supporting standards and 
        protocols to promote the widespread use and evaluation of 
        intelligent transportation system technology as a component of 
        the surface transportation systems of the United States.
            (2) Interoperability and efficiency.--To the maximum extent 
        practicable, the national architecture shall promote 
        interoperability among, and efficiency of, intelligent 
        transportation system technologies implemented throughout the 
        United States.
            (3) Use of standards development organizations.--In 
        carrying out this section, the Secretary shall use the services 
        of such standards development organizations as the Secretary 
        determines to be appropriate.
            (4) Use of expert panel.--
                    (A) Designation.--The Secretary shall designate a 
                panel of experts to recommend ways to expedite and 
                streamline the process for developing the standards and 
                protocols to be developed pursuant to paragraph (1).
                    (B) Nonapplicability of advisory committee act.--
                The expert panel shall not be subject to the Federal 
                Advisory Committee Act (5 U.S.C. App.).
                    (C) Deadline for recommendation.--No later than 
                September 30, 2005, the expert panel shall provide the 
                Secretary with a recommendation relating to such 
                standards development.
    (b) Provisional Standards.--
            (1) In general.--If the Secretary finds that the 
        development or balloting of an intelligent transportation 
        system standard jeopardizes the timely achievement of the 
        objectives identified in subsection (a), the Secretary may 
        establish a provisional standard, after consultation with 
        affected parties, using, to the extent practicable, the work 
        product of appropriate standards development organizations.
            (2) Period of effectiveness.--A provisional standard 
        established under paragraph (1) shall be published in the 
        Federal Register and remain in effect until the appropriate 
        standards development organization adopts and publishes a 
        standard.
    (c) Conformity With National Architecture.--
            (1) In general.--Except as provided in paragraphs (2) and 
        (3), the Secretary shall ensure that intelligent transportation 
        system projects carried out using funds made available from the 
        Highway Trust Fund, including funds made available under this 
        subtitle to deploy intelligent transportation system 
        technologies, conform to the national architecture, applicable 
        standards or provisional standards, and protocols developed 
        under subsection (a).
            (2) Secretary's discretion.--The Secretary may authorize 
        exceptions to paragraph (1) for--
                    (A) projects designed to achieve specific research 
                objectives outlined in the national intelligent 
                transportation system program plan or the surface 
                transportation research and development strategic plan 
                developed under section 508 of title 23, United States 
                Code; or
                    (B) the upgrade or expansion of an intelligent 
                transportation system in existence on the date of 
                enactment of this Act if the Secretary determines that 
                the upgrade or expansion--
                            (i) would not adversely affect the goals or 
                        purposes of this subtitle;
                            (ii) is carried out before the end of the 
                        useful life of such system; and
                            (iii) is cost-effective as compared to 
                        alternatives that would meet the conformity 
                        requirement of paragraph (1).
            (3) Exceptions.--Paragraph (1) shall not apply to funds 
        used for operation or maintenance of an intelligent 
        transportation system in existence on the date of enactment of 
        this Act.

SEC. 5605. RESEARCH AND DEVELOPMENT.

    (a) In General.--The Secretary shall carry out a comprehensive 
program of intelligent transportation system research, development, and 
operational tests of intelligent vehicles and intelligent 
infrastructure systems and other similar activities that are necessary 
to carry out this subtitle.
    (b) Priority Areas.--Under the program, the Secretary shall give 
higher priority to funding projects that--
            (1) enhance mobility and productivity through improved 
        traffic management, incident management, transit management, 
        freight management, road weather management, toll collection, 
        traveler information, or highway operations systems and remote 
        sensing products;
            (2) enhance safety through improved crash avoidance and 
        protection, crash and other notification, commercial motor 
        vehicle operations, and infrastructure-based or cooperative 
        safety systems; and
            (3) facilitate the integration of intelligent 
        infrastructure, vehicle, and control technologies.
    (c) Federal Share.--The Federal share of the cost of operational 
tests and demonstrations under subsection (a) shall not exceed 80 
percent.

SEC. 5606. INFRASTRUCTURE DEVELOPMENT.

    Funds made available to carry out this subtitle for operational 
tests--
            (1) shall be used primarily for the development of 
        intelligent transportation system infrastructure; and
            (2) to the maximum extent practicable, shall not be used 
        for the construction of physical highway and transit 
        infrastructure unless the construction is incidental and 
        critically necessary to the implementation of an intelligent 
        transportation system project.

SEC. 5607. DEFINITIONS.

    In this subtitle, the following definitions apply:
            (1) Incident.--The term ``incident'' means a crash, a 
        natural disaster, workzone activity, special event, or other 
        emergency road user occurrence that adversely affects or 
        impedes the normal flow of traffic.
            (2) Intelligent transportation infrastructure.--The term 
        ``intelligent transportation infrastructure'' means fully 
        integrated public sector intelligent transportation system 
        components, as defined by the Secretary.
            (3) Intelligent transportation system.--The term 
        ``intelligent transportation system'' means electronics, 
        communications, or information processing used singly or in 
        combination to improve the efficiency or safety of a surface 
        transportation system.
            (4) National architecture.--The term ``national 
        architecture'' means the common framework for interoperability 
        that defines--
                    (A) the functions associated with intelligent 
                transportation system user services;
                    (B) the physical entities or subsystems within 
                which the functions reside;
                    (C) the data interfaces and information flows 
                between physical subsystems; and
                    (D) the communications requirements associated with 
                the information flows.
            (5) Project.--The term ``project'' means a undertaking to 
        research, develop, or operationally test intelligent 
        transportation systems or any other undertaking eligible for 
        assistance under this subtitle.
            (6) Standard.--The term ``standard'' means a document 
        that--
                    (A) contains technical specifications or other 
                precise criteria for intelligent transportation systems 
                that are to be used consistently as rules, guidelines, 
                or definitions of characteristics so as to ensure that 
                materials, products, processes, and services are fit 
                for their purposes; and
                    (B) may support the national architecture and 
                promote--
                            (i) the widespread use and adoption of 
                        intelligent transportation system technology as 
                        a component of the surface transportation 
                        systems of the United States; and
                            (ii) interoperability among intelligent 
                        transportation system technologies implemented 
                        throughout the States.
            (7) State.--The term ``State'' has the meaning given the 
        term under section 101 of title 23, United States Code.
            (8) Transportation systems management and operations.--The 
        term ``transportation systems management and operations'' has 
        the meaning given the term under section 101(a) of such title.

SEC. 5608. REPEAL.

    Subtitle C of title V of The Transportation Equity Act for the 21st 
Century (23 U.S.C. 502 note; 112 Stat. 452-463) is repealed.

                TITLE VI--PLANNING AND PROJECT DELIVERY

    This title will add to subtitle III of title 49, United States 
Code, a new chapter 52 relating to transportation planning. The chapter 
will incorporate Federal Highway Administration and Federal Transit 
Administration planning provisions from sections 134 and 135 of title 
23 of the Code and sections 5303-5305 of title 49 of the Code in order 
to create a single set of requirements for highway and public 
transportation planning. [Reserved.]

             TITLE VII--HAZARDOUS MATERIALS TRANSPORTATION

    This title will reauthorize the hazardous materials transportation 
program under chapter 5 of title 49, United States Code, managed by the 
Research and Special Programs Administration of the Department of 
Transportation. [Reserved.]

      TITLE VIII--TRANSPORTATION DISCRETIONARY SPENDING GUARANTEE

    The guaranteed funding levels provided under this Act are dependent 
on identifying additional budgetary resources. This title will continue 
sections 8101 and 8103 of the Transportation Equity Act for the 21st 
Century that guarantee that specific levels of authorized funding will 
be available for obligation each year by continuing the highway 
category budgetary firewall, which protects the Federal-aid highway 
program's obligation limitation, the programs of the Federal Motor 
Carrier Safety Administration, and the portion of the National Highway 
Traffic Safety Administration's programs funded from the Highway Trust 
Fund, and the mass transit category budgetary firewall, which protects 
the portion of the Federal Transit Administration programs funded from 
the Mass Transit Account of the Highway Trust Fund and the portion of 
such programs funded from the general fund of the Treasury.
                                 <all>
Safe, Accountable, Flexible, and Efficient Transportation Equity Act of 2004

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