[DOCID: f:hr012.109]
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109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     109-12
_______________________________________________________________________

                                     


             TRANSPORTATION EQUITY ACT: A LEGACY FOR USERS

                               __________

                              R E P O R T

                                 of the

             COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE

                         [To accompany H.R. 3]

<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>


 March 7, 2005.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed


109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     109-12

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



 
             TRANSPORTATION EQUITY ACT: A LEGACY FOR USERS

                                _______
                                

 March 7, 2005.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

     Mr. Young of Alaska, from the Committee on Transportation and 
                Infrastructure, submitted the following

                              R E P O R T

                         [To accompany H.R. 3]

  The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 3) to authorize funds for Federal-
aid highways, highway safety programs, and transit programs, 
and for other purposes, having considered the same, reports 
favorably thereon with an amendment and recommends that the 
bill as amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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) Secretary Defined.--In this Act, the term ``Secretary'' means the 
Secretary of Transportation.
  (c) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title, table of contents.

                     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. Project approval and oversight.
Sec. 1106. Use of excess funds.
Sec. 1107. Temporary traffic control devices.
Sec. 1108. Revenue aligned budget authority.
Sec. 1109. Emergency relief.
Sec. 1110. Surface transportation program.
Sec. 1111. Highway use tax evasion projects.
Sec. 1112. Appalachian development highway system.
Sec. 1113. Construction of ferry boats and ferry terminal facilities.
Sec. 1114. Interstate maintenance discretionary.
Sec. 1115. Highway bridge.
Sec. 1116. Transportation and community and system preservation 
program.
Sec. 1117. Deployment of magnetic levitation transportation projects.
Sec. 1118. Recreational trails.
Sec. 1119. Federal lands highways.
Sec. 1120. Conservation measures.
Sec. 1121. Pedestrian and cyclist equity.
Sec. 1122. National commissions.
Sec. 1123. Adjustments for the Surface Transportation Extension Act of 
2004, Part V.
Sec. 1124. Roadway safety.
Sec. 1125. Equity requirement.

                     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. State assumption of responsibilities for certain programs 
and projects.
Sec. 1208. HOV facilities.
Sec. 1209. Congestion pricing pilot program.
Sec. 1210. Congestion mitigation and air quality improvement program 
eligibility.
Sec. 1211. Special rules for State assumption of responsibilities.
Sec. 1212. Opening of Interstate ramps.

                  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 incentive grants for use of seat belts.
Sec. 1406. Safety incentives to prevent operation of motor vehicles by 
intoxicated persons.
Sec. 1407. Repeat offenders for driving while intoxicated.
Sec. 1408. Repair or replacement of highway features on National 
Highway System.

           Subtitle E--Construction and Contract Efficiencies

Sec. 1501. Design-build.
Sec. 1502. Warranty highway construction project pilot program.
Sec. 1503. Private investment study.
Sec. 1504. Highways for LIFE pilot program.

                          Subtitle F--Finance

Sec. 1601. Transportation Infrastructure Finance and Innovation Act.
Sec. 1602. State infrastructure banks.
Sec. 1603. Interstate System reconstruction and rehabilitation toll 
pilot program.
Sec. 1604. Interstate System construction toll pilot program.
Sec. 1605. Special rules relating to State infrastructure bank program.

                   Subtitle G--High Priority Projects

Sec. 1701. High priority projects program.
Sec. 1702. Project authorizations.

                  Subtitle H--Miscellaneous Provisions

Sec. 1801. Budget justification.
Sec. 1802. Motorist information.
Sec. 1803. Motorist information concerning full-service restaurants.
Sec. 1804. High priority corridors on the National Highway System.
Sec. 1805. Additions to Appalachian region.
Sec. 1806. Transportation assets and needs of Delta region.
Sec. 1807. Toll facilities workplace safety study.
Sec. 1808. Pavement marking systems demonstration projects.
Sec. 1809. Work zone safety grants.
Sec. 1810. Grant program to prohibit racial profiling.
Sec. 1811. America's Byways Resource Center.
Sec. 1812. Technical adjustment.
Sec. 1813. Road user charge evaluation pilot project.
Sec. 1814. Thomas P. ``Tip'' O'Neill, Jr. Tunnel.
Sec. 1815. Conforming amendment for transportation planning sections.
Sec. 1816. Distribution of metropolitan planning funds within States.
Sec. 1817. Treatment of off ramp.
Sec. 1818. Loan forgiveness.
Sec. 1819. Lead agency designation.
Sec. 1820. Use of debris from demolished bridges and overpasses.
Sec. 1821. Hubzone program.
Sec. 1822. Technical amendments to TEA 21 projects.
Sec. 1823. National Work Zone Safety Information Clearinghouse.
Sec. 1824. Transportation conformity.
Sec. 1825. Eligibility to participate in western Alaska community 
development quota program.
Sec. 1826. Metropolitan regional freight and passenger transportation 
study.
Sec. 1827. Intermodal transportation facility expansion.
Sec. 1828. Advanced truck stop electrification system.
Sec. 1829. Technology.
Sec. 1830. Extension of public transit vehicle exemption from axle 
weight restrictions.
Sec. 1831. Motorcyclist Advisory Council.
Sec. 1832. Sharing of monetary recoveries.
Sec. 1833. Eligibility under CMAQ.
Sec. 1834. Sense of Congress regarding Buy America.
Sec. 1835. Community enhancement study.
Sec. 1836. Transportation and local workforce investment.
Sec. 1837. Special rule for fiscal year 2004.

                        TITLE II--HIGHWAY SAFETY

Sec. 2001. Authorization 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 child booster seat incentive grants.
Sec. 2008. Motorcyclist safety.
Sec. 2009. Driver fatigue.
Sec. 2010. Authorization of appropriations for highway safety research 
and development.
Sec. 2011. Safety data.
Sec. 2012. Driver performance study.

           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. Project authorizations for new fixed guideway capital 
projects.
Sec. 3038. Projects for bus and bus-related facilities.
Sec. 3039. National fuel cell bus technology development program.
Sec. 3040. High-intensity small-urbanized area formula grant program.
Sec. 3041. Allocations for national research and technology programs.
Sec. 3042. Relationship to other laws.
Sec. 3043. Cooperative procurement.
Sec. 3044. Obligation ceiling.
Sec. 3045. Adjustments for the Surface Transportation Extension Act of 
2004, Part V.
Sec. 3046. Special rule for fiscal year 2004.

           TITLE IV--MOTOR CARRIER TRANSPORTATION AND SAFETY

              Subtitle A--Commercial Motor Vehicle Safety

Sec. 4101. Authorization of appropriations.
Sec. 4102. Motor carrier safety grants.
Sec. 4103. Border enforcement grants.
Sec. 4104. Commercial driver's license improvements.
Sec. 4105. Hobbs Act.
Sec. 4106. Penalty for denial of access to records.
Sec. 4107. Medical Review Board.
Sec. 4108. Increased penalties for out-of-service violations and false 
records.
Sec. 4109. Commercial vehicle information systems and networks 
deployment.
Sec. 4110. Safety fitness.
Sec. 4111. Pattern of safety violations by motor carrier management.
Sec. 4112. Motor carrier research and technology program.
Sec. 4113. International cooperation.
Sec. 4114. Performance and registration information System management.
Sec. 4115. Data quality improvement.
Sec. 4116. Driveaway saddlemount vehicles.
Sec. 4117. Completion of uniform carrier registration.
Sec. 4118. Registration of motor carriers and freight forwarders.
Sec. 4119. Deposit of certain civil penalties into Highway Trust Fund.
Sec. 4120. Outreach and education.
Sec. 4121. Insulin treated diabetes mellitus.
Sec. 4122. Grant program for commercial motor vehicle operators.
Sec. 4123. Commercial motor vehicle safety advisory committee.
Sec. 4124. Safety data improvement program.
Sec. 4125. Commercial driver's license information System 
modernization.
Sec. 4126. Maximum hours of service for operators of ground water well 
drilling rigs.
Sec. 4127. Safety performance history screening.
Sec. 4128. Intermodal chassis roadability rule-making.
Sec. 4129. Substance abuse professionals.
Sec. 4130. Interstate van operations.
Sec. 4131. Hours of service for operators of utility service vehicles.
Sec. 4132. Technical corrections.
Sec. 4133. Intrastate and foreign operations of interstate motor 
carriers.
Sec. 4134. Operators of vehicles transporting agricultural commodities 
and farm supplies.
Sec. 4135. Hours of service rules for operators providing 
transportation to movie production sites.
Sec. 4136. Special rule for fiscal year 2004.

               Subtitle B--Household Goods Transportation

Sec. 4201. Federal-State relations relating to transportation of 
household goods.
Sec. 4202. Arbitration requirements.
Sec. 4203. Civil Penalties relating to household goods brokers and 
unauthorized transportation.
Sec. 4204. Civil penalty for holding household goods hostage.
Sec. 4205. Working group for development of practices and procedures to 
enhance Federal-State relations.
Sec. 4206. Consumer handbook on DOT web site.
Sec. 4207. Release of household goods broker information.
Sec. 4208. Consumer complaint information.
Sec. 4209. Insurance regulations.
Sec. 4210. Estimating requirements.
Sec. 4211. Application of State consumer protection laws to certain 
household goods carriers.
Sec. 4212. Applicability to household goods motor carriers.
Sec. 4213. Violations of Out-of-Service Orders.
Sec. 4214. Criminal penalty for holding goods hostage.

             TITLE V--TRANSPORTATION RESEARCH AND EDUCATION

                          Subtitle A--Funding

Sec. 5101. Authorization of appropriations.
Sec. 5102. Obligation ceiling.
Sec. 5103. Findings.

            Subtitle B--Research, Technology, and Education

Sec. 5201. Research, technology, and education.
Sec. 5202. Long-term bridge performance program; innovative bridge 
research and deployment program.
Sec. 5203. 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.
Sec. 5212. Motor carrier efficiency study.
Sec. 5213. Transportation research and development strategic planning.
Sec. 5214. Limitation on remedies for future strategic highway research 
program.
Sec. 5215. Center for Transportation Advancement and Regional 
Development.

      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.
Sec. 5502. Reports of 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. Road weather research and development program.
Sec. 5608. Definitions.
Sec. 5609. Rural interstate corridor communications study.
Sec. 5610. Centers for surface transportation excellence.
Sec. 5611. Repeal.
Sec. 5612. Special rule for fiscal year 2004.

         TITLE VI--TRANSPORTATION PLANNING AND PROJECT DELIVERY

Sec. 6001. Transportation planning.
Sec. 6002. Efficient environmental reviews for project decisionmaking.
Sec. 6003. Policy on historic sites.
Sec. 6004. Exemption of Interstate System.
Sec. 6005. Interstate compacts.
Sec. 6006. Development of transportation plan.
Sec. 6007. Interstate agreements.
Sec. 6008. Regulations relating to transportation planning.
Sec. 6009. Special rules relating to project development procedures.

             TITLE VII--HAZARDOUS MATERIALS TRANSPORTATION

Sec. 7001. Amendment of title 49, United States Code.
Sec. 7002. Findings and purpose.
Sec. 7003. Definitions.
Sec. 7004. General regulatory authority.
Sec. 7005. Chemical or biological materials.
Sec. 7006. Representation and tampering.
Sec. 7007. Technical amendments.
Sec. 7008. Training of certain employees.
Sec. 7009. Registration.
Sec. 7010. Providing shipping papers.
Sec. 7011. Rail tank cars.
Sec. 7012. Unsatisfactory safety rating.
Sec. 7013. Training curriculum for the public sector.
Sec. 7014. Planning and training grants, monitoring, and review.
Sec. 7015. Special permits and exclusions.
Sec. 7016. Uniform forms and Procedures.
Sec. 7017. International uniformity of standards and requirements.
Sec. 7018. Administrative.
Sec. 7019. Enforcement.
Sec. 7020. Civil penalty.
Sec. 7021. Criminal penalty.
Sec. 7022. Preemption.
Sec. 7023. Relationship to other laws.
Sec. 7024. Judicial review.
Sec. 7025. Authorization of appropriations.
Sec. 7026. Determining amount of undeclared shipments of hazardous 
materials entering the United States.
Sec. 7027. Conforming amendments.

      TITLE VIII--TRANSPORTATION DISCRETIONARY SPENDING GUARANTEE

Sec. 8001. Policy.

                     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, $4,323,076,000 for fiscal year 2004, 
        $4,431,153,000 for fiscal year 2005, $4,541,932,000 for fiscal 
        year, 2006, $4,655,480,000 for fiscal year 2007, $4,771,867,000 
        for fiscal year 2008, and $4,891,164,000 for fiscal year 2009.
          (2) National highway system.--For the National Highway System 
        under section 103 of that title, $5,187,691,000 for fiscal year 
        2004, $5,317,383,000 for fiscal year 2005, $5,450,318,000 for 
        fiscal year 2006, $5,586,576,000 for fiscal year 2007, 
        $5,726,240,000 for fiscal year 2008, and $5,869,396,000 for 
        fiscal year 2009.
          (3) Bridge program.--For the bridge program under section 144 
        of that title, $3,709,440,000 for fiscal year 2004, 
        $3,802,176,000 for fiscal year 2005, $3,897,231,000 for fiscal 
        year 2006, $3,994,661,000 for fiscal year 2007, $4,094,528,000 
        for fiscal year 2008, and $4,196,891,000 for fiscal year 2009.
          (4) Highway safety improvement program.--For the highway 
        safety improvement program under sections 130 and 152 of that 
        title, $630,000,000 forfiscal year 2005, $645,000,000 for 
fiscal year 2006, $660,000,000 for fiscal year 2007, $680,000,000 for 
fiscal year 2008, and $695,000,000 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, 
        $6,052,306,000 for fiscal year 2004, $6,203,614,000 for fiscal 
        year 2005, $6,358,704,000 for fiscal year 2006, $6,517,672,000 
        for fiscal year 2007, $6,680,614,000 for fiscal year 2008, and 
        $6,847,629,000 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, 
        $1,469,846,000 for fiscal year 2004, $1,506,592,000 for fiscal 
        year 2005, $1,544,257,000 for fiscal year 2006, $1,582,863,000 
        for fiscal year 2007, $1,622,435,000 for fiscal year 2008, and 
        $1,662,996,000 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, $460,000,000 for fiscal 
        year 2004 and $470,000,000 for each of fiscal years 2005 
        through 2009.
          (8) Recreational trails program.--For the recreational trails 
        program under section 206 of title 23, United States Code, 
        $53,000,000 for fiscal year 2004, $70,000,000 for fiscal year 
        2005, $80,000,000 for fiscal year 2006, $90,000,000 for fiscal 
        year 2007, $100,000,000 for fiscal year 2008, and $110,000,000 
        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, $325,000,000 for fiscal year 2004, $365,000,000 
                for fiscal year 2005, $390,000,000 for fiscal year 
                2006, $395,000,000 for fiscal year 2007, $420,000,000 
                for fiscal year 2008, and $420,000,000 for fiscal year 
                2009.
                  (B) Park roads and parkways.--For park roads and 
                parkways roads under section 204 of that title, 
                $170,000,000 for fiscal year 2004, $185,000,000 for 
                fiscal year 2005, $200,000,000 for fiscal year 2006, 
                $215,000,000 for fiscal year 2007, $225,000,000 for 
                fiscal year 2008, and $225,000,000 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, $260,000,000 for fiscal year 2005, 
                $280,000,000 for fiscal year 2006, $280,000,000 for 
                fiscal year 2007, $290,000,000 for fiscal year 2008, 
                and $300,000,000 for fiscal year 2009.
                  (D) Refuge roads.--For refuge roads under section 204 
                of that title, $20,000,000 for each of fiscal years 
                2004 through 2009.
          (10) National corridor infrastructure improvement program.--
        For the national corridor infrastructure improvement program 
        under section 1301 of this title, $600,000,000 for fiscal year 
        2005, $600,000,000 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.
          (11) Coordinated border infrastructure program.--For the 
        coordinated border infrastructure program under section 1302 of 
        this title, $200,000,000 for fiscal year 2005, $200,000,000 for 
        fiscal year 2006, $200,000,000 for fiscal year 2007, 
        $200,000,000 for fiscal year 2008, and $225,000,000 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, 
        $1,100,000,000 for fiscal year 2005, $1,100,000,000 for fiscal 
        year 2006, $1,200,000,000 for fiscal year 2007, $1,300,000,000 
        for fiscal year 2008, and $1,300,000,000 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, 
        $60,000,000 for fiscal year 2004, $70,000,000 for fiscal year 
        2005, $75,000,000 for fiscal year 2006, $75,000,000 for fiscal 
        year 2007, $75,000,000 for fiscal year 2008, and $75,000,000 
        for fiscal year 2009.
          (14) National scenic byways program.--For the national scenic 
        byways program under section 162 of title 23, United States 
        Code, $30,000,000 for fiscal year 2004, $40,000,000 for fiscal 
        year 2005, $45,000,000 for fiscal year 2006, $55,000,000 for 
        fiscal year 2007, $55,000,000 for fiscal year 2008, and 
        $60,000,000 for fiscal year 2009.
          (15) Congestion pricing pilot program.--For the congestion 
        pricing pilot program under section 1209 of this title, 
        $15,000,000 for fiscal year 2004, $15,000,000 for fiscal year 
        2005, $15,000,000 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.
          (16) Deployment of 511 traveler information program.--For the 
        511 traveler information program under section 1204(c)(7) of 
        this title, $6,000,000 for each of fiscal years 2005 through 
        2009.
          (17) High priority projects program.--For the high priority 
        projects program under section 117 of title 23, United States 
        Code, $2,496,450,000 for fiscal year 2005, $2,244,550,000 for 
        fiscal year 2006, $2,143,250,000 for fiscal year 2007, 
        $2,192,450,000 for fiscal year 2008, and $2,050,450,000 for 
        fiscal year 2009.
          (18) Freight intermodal connector program.--For the freight 
        intermodal connector program under section 1303 of this title, 
        $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.
          (19) High risk rural road safety improvement program.--For 
        the high risk rural road safety improvement program under 
        section 1403 of this title, $105,000,000 for fiscal year 2005, 
        $110,000,000 for fiscal year 2006, $120,000,000 for fiscal year 
        2007, $125,000,000 for fiscal year 2008, and $130,000,000 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, $12,000,000 for fiscal year 2004, $30,000,000 for fiscal 
        year 2005, $30,000,000 for fiscal year 2006, $20,000,000 for 
        fiscal year 2007, $10,000,000 for fiscal year 2008, and 
        $7,000,000 for fiscal year 2009.
          (21) Pedestrian and cyclist equity.--
                  (A) Safe routes to school program.--For the safe 
                routes to school program under section 1120(a) of this 
                title, $150,000,000 for fiscal year 2005, $175,000,000 
                for fiscal year 2006, $175,000,000 for fiscal year 
                2007, $175,000,000 for fiscal year 2008, and 
                $200,000,000 for fiscal year 2009.
                  (B) Nonmotorized pilot program.--For the nonmotorized 
                pilot program under section 1120(b) of this title, 
                $25,000,000 for each of fiscal years 2005 through 2009.
          (22) Dedicated truck lanes.--For dedicated truck lanes under 
        section 1305 of this title, $165,000,000 for each of fiscal 
        years 2005 through 2008 and $170,000,000 for fiscal year 2009.
          (23) Highways for life program.--For the Highways for LIFE 
        program under section 1504 of this title, $55,000,000 for 
        fiscal year 2005 and $60,000,000 for each of fiscal years 2006 
        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), $115,000,000 for fiscal year 2004, 
        $125,000,000 for fiscal year 2005, $130,000,000 for fiscal year 
        2006, $130,000,000 for fiscal year 2007, $140,000,000 for 
        fiscal year 2008, and $140,000,000 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 and section 403 of title 23, United States Code, 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 and 
        section 403 of title 23, United States Code, if the entity or 
        person is prevented, in whole or in part, from complying with 
        paragraph (1) because a Federal court issues a final order in 
        which the court finds that the requirement of paragraph (1), or 
        the program established under paragraph (1), is 
        unconstitutional.

SEC. 1102. OBLIGATION CEILING.

  (a) General Limitation.--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) $33,643,000,000 for fiscal year 2004;
          (2) $34,412,000,000 for fiscal year 2005;
          (3) $36,287,100,000 for fiscal year 2006;
          (4) $37,616,700,000 for fiscal year 2007;
          (5) $38,876,400,000 for fiscal year 2008; and
          (6) $40,231,500,000 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) $390,000,000 for fiscal year 2004;
          (2) $395,000,000 for fiscal year 2005;
          (3) $395,000,000 for fiscal year 2006;
          (4) $395,000,000 for fiscal year 2007;
          (5) $395,000,000 for fiscal year 2008; and
          (6) $400,000,000 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) $390,000,000 
        for fiscal year 2004, $395,000,000 for fiscal year 2005, 
        $395,000,000 for fiscal year 2006, $395,000,000 for fiscal year 
        2007, $395,000,000 for fiscal year 2008, and $400,000,000 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)--
                  (A) by striking ``$36,400,000 for each fiscal year'' 
                and inserting ``$40,000,000 for fiscal year 2004, 
                $40,000,000 for fiscal year 2005, $40,000,000 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''; and
                  (B) by striking ``$18,800,000 for each of fiscal 
                years 1998 through 2002'' and inserting ``$20,000,000 
                for fiscal year 2004 and $30,000,000 for each of fiscal 
                years 2005 through 2009''.
  (c) Report.--Section 104(j) of title 23, United States Code, is 
amended by striking ``submit to Congress a report'' and inserting 
``transmit to Congress a report, and also make such report available to 
the public in a user-friendly format via the Internet,''.
  (d) 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''.
  (e) Puerto Rico Highway Program.--Section 1214(r) of the 
Transportation Equity Act for the 21st Century (112 Stat. 209; 117 
Stat. 1114; 118 Stat. 1149) is amended--
          (1) in paragraph (1) by striking ``1101(a)(15) for each of 
        fiscal years 1998 through 2005'' and inserting ``1101(a)(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 ``1101(a)(15) of this Act'' 
        and inserting ``1101(a)(24) of the Transportation Equity Act: A 
        Legacy for Users''.

SEC. 1104. MINIMUM GUARANTEE.

  To be supplied.

SEC. 1105. PROJECT APPROVAL AND OVERSIGHT.

  Section 106 of title 23, United States Code, is amended by striking 
subsection (h) and inserting the following:
  ``(h) Oversight Program.--
          ``(1) In general.--The Secretary shall establish an oversight 
        program to monitor the effective and efficient use of funds 
        authorized to carry out this title. At a minimum, the program 
        shall be responsive to all areas related to financial integrity 
        and project delivery.
          ``(2) Financial integrity.--
                  ``(A) Financial management systems.--The Secretary 
                shall perform annual reviews that address elements of 
                the State transportation departments' financial 
                management systems that affect projects approved under 
                subsection (a).
                  ``(B) Project costs.--The Secretary shall develop 
                minimum standards for estimating project costs and 
                shall periodically evaluate the States' practices for 
                estimating project costs, awarding contracts, and 
                reducing project costs.
                  ``(C) Responsibility of the states.--The States are 
                responsible for determining that subrecipients of 
                Federal funds under this title have sufficient 
                accounting controls to properly manage such Federal 
                funds. The Secretary shall periodically review the 
                States' monitoring of subrecipients.
          ``(3) Project delivery.--The Secretary shall perform annual 
        reviews that address elements of a State's project delivery 
        system, which includes one or more activities that are involved 
        in the life cycle of a project from its conception to its 
        completion.
          ``(4) Responsibility of the states.--The States are 
        responsible for determining that subrecipients of Federal funds 
        under this title have adequate project delivery systems for 
        projects approved under this section. The Secretary shall 
        periodically review the States' monitoring of subrecipients.
          ``(5) Specific oversight responsibilities.--Nothing in this 
        section shall affect or discharge any oversight responsibility 
        of the Secretary specifically provided for under this title or 
        other Federal law. In addition, the Secretary shall retain full 
        oversight responsibilities for the design and construction of 
        all Appalachian development highways under section 14501 of 
        title 40.
  ``(i) Major Projects.--
          ``(1) In general.--Notwithstanding any other provision in 
        this section, a recipient of Federal financial assistance for a 
        project under this title with an estimated total cost of 
        $500,000,000 or more, or any other project in the discretion of 
        the Secretary, shall submit to the Secretary a project 
        management plan and an annual financial plan.
          ``(2) Project management plan.--The project management plan 
        shall document the procedures and processes in place to provide 
        timely information to the project decision makers to manage 
        effectively the scope, costs, schedules, and quality, and the 
        Federal requirements of the project and the role of the agency 
        leadership and management team in the delivery of the project.
          ``(3) Financial plan.--The financial plan shall be based on 
        detailed estimates of the cost to complete the project. Annual 
        updates shall be submitted based on reasonable assumptions, as 
        determined by the Secretary, of future increases in the cost to 
        complete the project.
  ``(j) Other Projects.--A recipient of Federal financial assistance 
for a project under this title with an estimated total cost of 
$100,000,000 or more that is not covered by subsection (h) shall 
prepare an annual financial plan. Annual financial plans prepared under 
this subsection shall be made available to the Secretary for review 
upon the Secretary's request.''.

SEC. 1106. USE OF EXCESS FUNDS.

  Section 106 of title 23, United States Code, is further amended by 
adding at the end the following:
  ``(k) Use of Excess Funds.--
          ``(1) Audits.--A State may audit projects funded with amounts 
        apportioned under sections 104 and 144 to determine whether any 
        amounts obligated for a project are excess funds.
          ``(2) Plans for use of excess funds.--If a State determines, 
        after conducting an audit under paragraph (1), that funds 
        obligated for a project are excess funds, the State may develop 
        a plan for obligating the funds for the design and construction 
        of--
                  ``(A) with respect to excess funds derived from the 
                surface transportation program under section 133(d)(1), 
                133(d) (2), or 133(d)(3), the highway bridge 
                replacement and rehabilitation program under section 
                144, the congestion mitigation and air quality 
                improvement program under section 149, or the 
                recreational trails program under section 206, one or 
                more projects that are eligible for funding under that 
                program; and
                  ``(B) with respect to excess funds derived from any 
                other program under this title, one or more projects 
                that are eligible for funding those programs or the 
                surface transportation program under section 133.
          ``(3) Certification to the secretary.--A State that has 
        developed a plan under paragraph (2) shall transmit to the 
        Secretary a certification that the State has conducted an audit 
        under paragraph (1) and developed the plan in accordance with 
        paragraph (2).
          ``(4) Implementation of plans.--After transmitting a 
        certification to the Secretary with respect to a plan under 
        paragraph (3), the State may carry out the plan.
          ``(5) Applicability of requirements.--
                  ``(A) In general.--Except as provided by subparagraph 
                (B), excess funds used to carry out a project under 
                this section shall be subject to the requirements of 
                this title that are applicable to the program under 
                which the project is carried out.
                  ``(B) Stp allocations.--Section 133(d) shall not 
                apply to excess funds used to carry out a project under 
                this section, unless such funds are derived from 
                amounts apportioned under 104(b)(3).
          ``(6) Excess funds defined.--In this subsection, the term 
        `excess funds' means funds obligated for a project that remain 
        available for the project after the project has been completed 
        or canceled.''.

SEC. 1107. TEMPORARY TRAFFIC CONTROL DEVICES.

  (a) Standards.--Section 109(e) of title 23, United States Code, is 
amended--
          (1) by striking ``(e) No funds'' and inserting the following:
  ``(e) Installation of Safety Devices.--
          ``(1) Highway and railroad grade crossings and drawbridges.--
        No funds''; and
          (2) by adding at the end the following:
          ``(2) Temporary traffic control devices.--No funds shall be 
        approved for expenditure on any Federal-aid highway, or highway 
        affected under chapter 2 of this title, unless proper temporary 
        traffic control devices to improve safety in work zones will be 
        installed and maintained during construction, utility, and 
        maintenance operations on that portion of the highway with 
        respect to which such expenditures are to be made. Installation 
        and maintenance of the devices shall be in accordance with the 
        Manual on Uniform Traffic Control Devices.''.
  (b) Letting of Contracts.--Section 112 of such title is amended--
          (1) by striking subsection (f);
          (2) by redesignating subsection (g) as subsection (f); and
          (3) by adding at the end the following:
  ``(g) Temporary Traffic Control Devices.--
          ``(1) Issuance of regulations.--The Secretary, after 
        consultation with appropriate Federal and State officials, 
        shall issue regulations establishing the conditions for the 
        appropriate use of, and expenditure of funds for, uniformed law 
        enforcement officers, positive protective measures between 
        workers and motorized traffic, and installation and maintenance 
        of temporary traffic control devices during construction, 
        utility, and maintenance operations.
          ``(2) Effects of regulations.--Based on regulations issued 
        under paragraph (1), a State shall--
                  ``(A) develop separate pay items for the use of 
                uniformed law enforcement officers, positive protective 
                measures between workers and motorized traffic, and 
                installation and maintenance of temporary traffic 
                control devices during construction, utility, and 
                maintenance operations; and
                  ``(B) incorporate such pay items into contract 
                provisions to be included in each contract entered into 
                by the State with respect to a highway project to 
                ensure compliance with section 109(e)(2).
          ``(3) Limitation.--Nothing in the regulations shall be 
        construed to prohibit a State from implementing standards that 
        are more stringent than those required under the regulations.
          ``(4) Positive protective measures defined.--In this 
        subsection, the term `positive protective measures' means 
        temporary traffic barriers, crash cushions, and other 
        strategies to avoid traffic accidents in work zones, including 
        full road closures.''.

SEC. 1108. REVENUE ALIGNED BUDGET AUTHORITY.

  (a) Allocation.--Section 110(a)(1) of title 23, United States Code, 
is amended--
          (1) by striking ``2000'' and inserting ``2006'';
          (2) by inserting after ``such fiscal year'' the following: 
        ``and the succeeding fiscal year''.
  (b) Reduction.--Section 110(a)(2) of such title is amended--
          (1) by striking ``2000'' and inserting ``2006'';
          (2) by striking ``October 1 of the succeeding'' and inserting 
        ``October 15 of such''; and
          (3) by inserting after ``Account)'' the following: ``for such 
        fiscal year and the succeeding fiscal year''.
  (c) General Distribution.--Section 110(b)(1)(A) of such title is 
amended by striking ``Transportation Equity Act for the 21st Century'' 
and inserting ``Transportation Equity Act: A Legacy for Users''.
  (d) Technical Amendment.--Section 110(b)(1)(A) of title 23, United 
States Code, is amended by striking ``for'' the second place it 
appears.

SEC. 1109. EMERGENCY RELIEF.

  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 $100,000,000.

SEC. 1110. 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. 1111. HIGHWAY USE TAX EVASION PROJECTS.

  (a) Eligible Activities.--
          (1) Intergovernmental enforcement efforts.--Section 143(b)(2) 
        of title 23, United States Code, is amended by inserting before 
        the period the following: ``; except that of funds so made 
        available for each of fiscal years 2004 through 2009, 
        $2,000,000 shall be available only to carry out 
        intergovernmental enforcement efforts, including research and 
        training''.
          (2) Conditions on funds allocated to internal revenue 
        service.--Section 143(b)(3) of such title is amended by 
        striking ``The'' and inserting ``Except as otherwise provided 
        in this section, the''.
          (3) Limitation on use of funds.--Section 143(b)(4) of such 
        title is amended--
                  (A) by striking ``and'' at the end of subparagraph 
                (F);
                  (B) by striking the period at the end of subparagraph 
                (G) and inserting a semicolon; and
                  (C) by adding at the end the following:
                  ``(H) to support efforts between States and Indian 
                tribes to address issues related to State motor fuel 
                taxes; and
                  ``(I) to analyze and implement programs to reduce tax 
                evasion associated with foreign imported fuel.''.
          (4) Reports.--Section 143(b) of such title is amended by 
        adding at the end the following:
          ``(9) Reports.--The Commissioner of the Internal Revenue 
        Service and each State shall submit to the Secretary an annual 
        report that describes the projects, examinations, and criminal 
        investigations funded by and carried out under this section. 
        Such report shall specify the annual yield estimated for each 
        project funded under this section.''.
  (b) Excise Fuel Reporting System.--
          (1) In general.--Section 143(c)(1) of such title is amended--
                  (A) by striking ``August 1, 1998,'' and inserting 
                ``90 days after the date of enactment of the 
                Transportation Equity Act: A Legacy for Users,'';
                  (B) by striking ``development'' and inserting 
                ``completion, operation,''; and
                  (C) by striking ``an excise fuel reporting system (in 
                this subsection referred to as `the system')'' and 
                inserting ``an excise summary terminal activity 
                reporting system''.
          (2) Elements of memorandum of understanding.--Section 
        143(c)(2) of such title is amended--
                  (A) by striking ``the system'' the first place it 
                appears and inserting ``the excise summary terminal 
                activity reporting system'';
                  (B) in subparagraph (A) by striking ``develop'' and 
                inserting ``complete'';
                  (C) by striking ``and'' at the end of subparagraph 
                (B);
                  (D) by striking the period at the end of subparagraph 
                (C) and inserting ``; and''; and
                  (E) by adding at the end the following:
                  ``(D) the Commissioner of the Internal Revenue 
                Service shall submit and the Secretary shall approve a 
                budget and project plan for the completion, operation, 
                and maintenance of the system.''; and
          (3) Funding priority.--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 available to the Internal Revenue Service 
        such funds as may be necessary to complete, operate, and 
        maintain the excise summary terminal activity reporting system 
        in accordance with this subsection.''.
  (c) Registration System and Electronic Database.--Section 143 of such 
title is further amended by adding at the end the following:
  ``(d) Pipeline, Vessel, and Barge Registration System.--
          ``(1) In general.--Not later than 90 days after the date of 
        enactment of this subsection, the Secretary shall enter into a 
        memorandum of understanding with the Commissioner of the 
        Internal Revenue Service for the purposes of the development, 
        operation, and maintenance of a registration system for 
        pipelines, vessels, and barges, and operators of such 
        pipelines, vessels, and barges, that make bulk transfers of 
        taxable fuel.
          ``(2) Elements of memorandum of understanding.--The 
        memorandum of understanding shall provide that--
                  ``(A) the Internal Revenue Service shall develop and 
                maintain the registration system through contracts;
                  ``(B) the Commissioner of the Internal Revenue 
                Service shall submit and the Secretary shall approve a 
                budget and project plan for development, operation, and 
                maintenance of the registration system;
                  ``(C) the registration system shall be under the 
                control of the Internal Revenue Service; and
                  ``(D) the registration system shall be made available 
                for use by appropriate State and Federal revenue, tax, 
                and law enforcement authorities, subject to section 
                6103 of the Internal Revenue Code of 1986.
          ``(3) Funding.--Of the amounts made available to carry out 
        this section for each of fiscal years 2004 through 2009, the 
        Secretary shall make available to the Internal Revenue Service 
        such funds as may be necessary to complete, operate, and 
        maintain a registration system for pipelines, vessels, and 
        barges, and operators of such pipelines, vessels, and barges, 
        that make bulk transfers of taxable fuel in accordance with 
        this subsection.
  ``(e) Heavy Vehicle Use Tax Payment Database.--
          ``(1) In general.--Not later than 90 days after the date of 
        enactment of this subsection, the Secretary shall enter into a 
        memorandum of understanding with the Commissioner of the 
        Internal Revenue Service for the purposes of the establishment, 
        operation, and maintenance of an electronic database of heavy 
        vehicle highway use tax payments.
          ``(2) Elements of memorandum of understanding.--The 
        memorandum of understanding shall provide that--
                  ``(A) the Internal Revenue Service shall establish 
                and maintain the electronic database through contracts;
                  ``(B) the Commissioner of the Internal Revenue 
                Service shall submit and the Secretary shall approve a 
                budget and project plan for establishment, operation, 
                and maintenance of the electronic database;
                  ``(C) the electronic database shall be under the 
                control of the Internal Revenue Service; and
                  ``(D) the electronic database shall be made available 
                for use by appropriate State and Federal revenue, tax, 
                and law enforcement authorities, subject to section 
                6103 of the Internal Revenue Code of 1986.
          ``(3) Funding.--Of the amounts made available to carry out 
        this section for each of fiscal years 2004 through 2009, the 
        Secretary shall make available to the Internal Revenue Service 
        such funds as may be necessary to establish, operate, and 
        maintain an electronic database of heavy vehicle highway use 
        tax payments in accordance with this subsection.
  ``(f) Reports.--Not later than March 31 and September 30 of each 
year, the Commissioner of the Internal Revenue Service shall provide 
reports to the Secretary on the status of the Internal Revenue Service 
projects funded under this section related to the excise summary 
terminal activity reporting system, the pipeline, vessel, and barge 
registration system, and the heavy vehicle use tax electronic 
database.''.

SEC. 1112. 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. 1113. 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.''.

  (c) National Ferry Database.--
          (1) Establishment.--The Secretary, acting through the Bureau 
        of Transportation Statistics, shall establish and maintain a 
        national ferry database.
          (2) Contents.--The database shall contain current information 
        regarding ferry systems, including information regarding 
        routes, vessels, passengers and vehicles carried, funding 
        sources and such other information as the Secretary considers 
        useful.
          (3) Update report.--Using information collected through the 
        database, the Secretary shall periodically modify as 
        appropriate the report submitted under section 1207(c) of the 
        Transportation Equity Act for the 21st Century (23 U.S.C. 129 
        note; 112 Stat. 185-186).
          (4) Requirements.--The Secretary shall--
                  (A) compile the database not later than 1 year after 
                the date of enactment of this Act and update the 
                database every 2 years thereafter;
                  (B) ensure that the database is easily accessible to 
                the public;
                  (C) make available, from the ferry boat and ferry 
                terminal program authorized under section 165 of title 
                23, United States Code, not more than $500,000 for each 
                of fiscal years 2005 through 2009 to establish the 
                database.

SEC. 1114. 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 118(c)''.
  (c) Technical Amendments.--
          (1) 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''.
          (2) Section 116.--Section 116(b) of such title is amended by 
        striking ``highway department'' and inserting ``transportation 
        department''.
          (3) Section 120.--Section 120(e) of such title is amended in 
        the first sentence by striking ``such system'' and inserting 
        ``such highway''.
          (4) Section 126.--Section 126(a) of such title is amended by 
        inserting ``under'' before ``section 104(b)(3)''.
          (5) Section 127.--Section 127 of such title is amended by 
        striking ``118(b)(1)'' and inserting ``118(b)(2)''.
          (6) Bicycle and pedestrian safety grants.--Section 1212(i) of 
        the Transportation Equity Act for the 21st Century (112 Stat. 
        196-197) is amended by redesignating subparagraphs (D) and (E) 
        as paragraphs (2) and (3), respectively, and moving such 
        paragraphs 2 ems to the left.
  (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.
  (e) Effective Date.--The amendments made by subsections (a) and (b) 
of this section shall take effect on September 30, 2005.

SEC. 1115. 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; except that $25,000,000 shall be 
                available only for projects for the seismic retrofit of 
                bridges, and of which $10,000,000 shall be available 
                only for the seismic retrofit of a bridge described in 
                subsection (l), and except as provided in subparagraph 
                (E).
                  ``(E) Gravina access.--
                          ``(i) In general.--Of the amounts authorized 
                        to be appropriated to carry out the bridge 
                        program under this paragraph, for each of the 
                        fiscal years 2005 through 2009, $10,000,000 
                        shall be set aside from the $100,000,000 
                        available at the discretion of the Secretary 
                        under subparagraph (D) for the construction of 
                        a bridge joining the Island of Gravina to the 
                        community of Ketchikan in Alaska.
                          ``(ii) Scoring.--The project described in 
                        this subparagraph shall not be counted for 
                        purposes of the reduction set forth in the 
                        fourth sentence of subsection (e).''.
  (c) Off-System Bridges.--Section 144(g)(3) of such title is amended--
          (1) by striking ``15 percent'' and inserting ``20 percent'';
          (2) by striking ``1987'' and inserting ``2005'';
          (3) by striking ``2004'' the first place it appears and all 
        that follows through ``2005,'' and inserting ``2009 for the 
        bridge program,'';
          (4) by inserting ``, perform systematic preventive 
        maintenance,'' after ``paint''; and
          (5) 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. 1116. TRANSPORTATION AND COMMUNITY AND SYSTEM PRESERVATION 
                    PROGRAM.

  (a) Extension.--Section 1221(e)(1) of the Transportation Equity Act 
for the 21st Century (23 U.S.C. 101 note; 112 Stat. 223; 118 Stat. 879; 
118 Stat. 1149) is amended--
          (1) by striking ``1999 and'' and inserting ``1999,''; and
          (2) by striking ``2004'' the first place it appears and all 
        that follows through ``2005'' and inserting the following: ``, 
        and $25,000,000 for fiscal year 2004, $30,000,000 for fiscal 
        year 2005, $35,000,000 for fiscal year 2006, $35,000,000 for 
        fiscal year 2007, and $35,000,000 for each of fiscal years 2008 
        and 2009''.
  (b) Federal Share.--Section 1221(e)(2) of such Act is amended by 
inserting before the period at the end ``; except that such funds shall 
not be transferable and the Federal share for projects and activities 
carried out with such funds shall be determined in accordance with 
section 120(b) of title 23, United States Code''.
  (c) Planning Activities Pilot Program.--Section 1221 of such Act is 
amended by adding at the end the following:
  ``(f) Planning Activities Pilot Program.--
          ``(1) In general.--The Secretary shall establish a pilot 
        program using funds set aside under paragraph (4) to support 
        planning and public participation activities related to highway 
        and public transportation projects.
          ``(2) Eligible activities.--Activities eligible to be carried 
        out under the pilot program may include the following:
                  ``(A) Improving data collection and analysis to 
                improve freight movement, intermodal connections, and 
                transportation access and efficiency for all users, 
                including children, older individuals, individuals with 
                disabilities, low-income individuals, and minority 
                communities.
                  ``(B) Supporting public participation by holding 
                public meetings using an interactive workshop format 
                facilitated by design or planning experts (or both) to 
                consider public input at the initial stages of project 
                development and during other phases of a project.
                  ``(C) Using innovative planning or design 
                visualization and simulation tools to improve the 
                evaluation of alternatives and their impacts and to 
                enhance public participation in the transportation 
                planning process, including tools having a structure 
                that enables modifications to scenarios and assumptions 
                in real time.
                  ``(D) Enhancing coordination among transportation, 
                land use, workforce development, human service, 
                economic development, and other agencies to strengthen 
                access to job training services, daycare centers, 
                health care facilities, senior centers, public schools, 
                universities, and residential areas, including the use 
                of integrated planning and service delivery, especially 
                for transit dependent and low-income individuals.
                  ``(E) Contracting with nonprofit organizations, 
                universities, and local agencies to deliver community-
                oriented transportation plans and projects, including 
                public outreach, context sensitive design, transit-
                oriented development, multimodal corridor investments, 
                commuter benefits deployment, and brownfield 
                redevelopment.
                  ``(F) Measuring and reporting on the annual 
                performance of the transportation system (or parts of) 
                relative to State or locally-established criteria 
                regarding--
                          ``(i) maintenance and operating costs of the 
                        transportation system, vehicle miles traveled, 
                        peak-period travel times, transportation 
                        choices, and mode shares;
                          ``(ii) location of housing units, jobs, 
                        medical facilities, and commercial centers to 
                        transit;
                          ``(iii) improvements directed to low-income 
                        families and older individuals;
                          ``(iv) transportation-related pollution 
                        emissions into the air and water;
                          ``(v) land consumption; and
                          ``(vi) other locally-significant factors.
                  ``(G) Improving regional travel and emission modeling 
                to examine factors not currently considered, such as 
                induced travel and land use effects of transportation 
                alternatives, types of vehicles owned and used by 
                households, time-of-day of travel and linkage of trips 
                to each other throughout the day, effects of urban 
                design and pedestrian and bicycle environment on travel 
                behavior, and impacts of alternatives on the 
                distribution of benefits and burdens among various 
                groups protected under title VI of the Civil Rights Act 
                of 1964 (42 U.S.C. 2000d et seq.).
          ``(3) Federal share.--Notwithstanding subsection (e)(2), the 
        Federal share of the cost of activities carried out under the 
        pilot program shall be 100 percent.
          ``(4) Set aside.--The Secretary shall make available 
        $1,500,000 of the amounts made available to carry out this 
        section for each of fiscal years 2005 through 2009 to carry out 
        the pilot program under this subsection.''.

SEC. 1117. DEPLOYMENT OF MAGNETIC LEVITATION TRANSPORTATION PROJECTS.

  (a) Definitions.--In this section, the following definitions apply:
          (1) Eligible project costs.--The term ``eligible project 
        costs''--
                  (A) means the capital cost of the fixed guideway 
                infrastructure of a MAGLEV project, including land, 
                piers, guideways, propulsion equipment and other 
                components attached to guideways, power distribution 
                facilities (including substations), control and 
                communications facilities, access roads, and storage, 
                repair, and maintenance facilities, but not including 
                costs incurred for a new station; and
                  (B) includes the costs of preconstruction planning 
                activities.
          (2) Full project costs.--The term ``full project costs'' 
        means the total capital costs of a MAGLEV project, including 
        eligible project costs and the costs of stations, vehicles, and 
        equipment.
          (3) MAGLEV.--The term ``MAGLEV'' means transportation systems 
        employing magnetic levitation that would be capable of safe use 
        by the public at a speed in excess of 240 miles per hour.
          (4) State.--The term ``State'' has the meaning such term has 
        under section 101(a) of title 23, United States Code.
  (b) In General.--
          (1) Assistance for eligible projects.--The Secretary shall 
        make available financial assistance to pay the Federal share of 
        full project costs of eligible projects authorized by this 
        section.
          (2) Use of assistance.--Financial assistance provided under 
        paragraph (1) shall be used only to pay eligible project costs 
        of projects authorized by this section.
          (3) Applicability of other laws.--Financial assistance made 
        available under this section, and projects assisted with such 
        assistance, shall be subject to section 5333(a) of title 49, 
        United States Code.
  (c) Project Eligibility.--To be eligible to receive financial 
assistance under subsection (b), a project shall--
          (1) involve a segment or segments of a high-speed ground 
        transportation corridor;
          (2) result in an operating transportation facility that 
        provides a revenue producing service; and
          (3) be approved by the Secretary based on an application 
        submitted to the Secretary by a State or authority designated 
        by 1 or more States.
  (d) 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 $15,000,000 for fiscal year 2005 and 
$20,000,000 for each of fiscal years 2006 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 and shall not be 
transferable.

SEC. 1118. 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. 1119. 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 2005 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) Grants for Financing Transportation Debt.--Section 202(d)(2)(A) 
of such title is amended by inserting before the period at the end the 
following: ``; except that, beginning October 1, 2004, the Secretary 
may use up to 3 percent of such funds for making grants to Indian 
tribes for the purpose of financing transportation debt for individual 
Indian reservation roads subject to all requirements governing Federal 
assistance for Indian roads under this section and section 204''.
  (d) Deputy Assistant Secretary of Transportation for Tribal 
Government Affairs.--Section 102 of title 49, United States Code, is 
amended--
          (1) by redesignating subsections (f) and (g) as subsections 
        (g) and (h), respectively; and
          (2) by inserting after subsection (e) the following:
  ``(f) Deputy Assistant Secretary for Tribal Government Affairs.--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.''.
  (e) Alaska Native Village Transportation Program.--
          (1) Establishment.--Not later than 3 months after the date of 
        enactment of this Act, the Secretary and the Denali Commission, 
        in coordination with the Alaska Federation of Natives, shall 
        establish an Alaska Native Village transportation program to 
        pay the costs of planning, design, construction, and 
        maintenance of road and other surface transportation facilities 
        identified by Alaska Native Villages.
          (2) Alaska native village defined.--In this subsection, the 
        term ``Alaska Native Village'' has the same meaning such term 
        has as used by the Bureau of Indian Affairs in administering 
        the Indian reservation road program under section 202 of title 
        23, United States Code.

SEC. 1120. CONSERVATION MEASURES.

  (a) Refuge Roads.--Section 204(k)(1) of title 23, United States Code, 
is amended--
          (1) by striking ``and'' at the end of subparagraph (B);
          (2) by redesigning subparagraph (C) as subparagraph (D);
          (3) by inserting after subparagraph (B) the following:
                  ``(C) construction, maintenance, and improvement of 
                wildlife observation infrastructure; and''; and
          (4) in subparagraph (D) (as so redesignated) by striking 
        ``maintenance and improvements'' and inserting ``construction, 
        maintenance, and improvements''.
  (b) Forest Highways.--Of the amounts made available for public lands 
highways under section 1101--
          (1) not to exceed $20,000,000 per fiscal year may be used for 
        the maintenance of forest highways;
          (2) not to exceed $2,500,000 per fiscal year may be used to 
        repair culverts and bridges on forest highways to facilitate 
        appropriate fish passage and ensure reasonable flows and to 
        maintain and remove such culverts and bridges as appropriate; 
        and
          (3) not to exceed $1,000,000 per fiscal year may be used for 
        signage identifying public hunting and fishing access.
  (c) Wildlife Vehicle Collision Reduction Study.--
          (1) In general.--The Secretary shall conduct a study of 
        methods to reduce collisions between motor vehicles and 
        wildlife (in this subsection referred to as ``wildlife vehicle 
        collisions'').
          (2) Contents.--
                  (A) Areas of study.--The study shall include an 
                assessment of the causes and impacts of wildlife 
                vehicle collisions and solutions and best practices for 
                reducing such collisions.
                  (B) Methods for conducting the study.--In carrying 
                out the study, the Secretary shall--
                          (i) conduct a thorough literature review; and
                          (ii) survey current practices of the 
                        Department of Transportation.
          (3) Consultation.--In carrying out the study, the Secretary 
        shall consult with appropriate experts in the field of wildlife 
        vehicle collisions.
          (4) Report.--
                  (A) In general.--Not later than 2 years after the 
                date of enactment of this Act, the Secretary shall 
                transmit to Congress a report on the results of the 
                study.
                  (B) Contents.--The report shall include a description 
                of each of the following:
                          (i) Causes of wildlife vehicle collisions.
                          (ii) Impacts of wildlife vehicle collisions.
                          (iii) Solutions to and prevention of wildlife 
                        vehicle collisions.
          (5) Manual.--
                  (A) Development.--Based upon the results of the 
                study, the Secretary shall develop a best practices 
                manual to support State efforts to reduce wildlife 
                vehicle collisions.
                  (B) Availability.--The manual shall be made available 
                to States not later than 1 year after the date of 
                transmission of the report under paragraph (4).
                  (C) Contents.--The manual shall include, at a 
                minimum, the following:
                          (i) A list of best practices addressing 
                        wildlife vehicle collisions.
                          (ii) A list of information, technical, and 
                        funding resources for addressing wildlife 
                        vehicle collisions.
                          (iii) Recommendations for addressing wildlife 
                        vehicle collisions.
                          (iv) Guidance for developing a State action 
                        plan to address wildlife vehicle collisions
          (6) Training.--Based upon the manual developed under 
        paragraph (5), the Secretary shall develop a training course on 
        addressing wildlife vehicle collisions for transportation 
        professionals.

SEC. 1121. PEDESTRIAN AND CYCLIST EQUITY.

  (a) 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 managers 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 31, 2006, 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) and information regarding the use of 
                funds for infrastructure-related and noninfrastructure-
                related activities under subparagraphs (A) and (B) of 
                paragraph (6).
                  (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.
  (b) Nonmotorized Transportation Pilot Program.--
          (1) Establishment.--The Secretary shall establish and carry 
        out a nonmotorized transportation pilot program to construct, 
        in 4 communities selected by the Secretary, a network of 
        nonmotorized transportation infrastructure facilities, 
        including sidewalks, bicycle lanes, and pedestrian and bicycle 
        trails, that connect directly with transit stations, schools, 
        residences, businesses, recreation areas, and other community 
        activity centers.
          (2) Purpose.--The purpose of the program shall be to 
        demonstrate the extent to which bicycling and walking can carry 
        a significant part of the transportation load, and represent a 
        major portion of the transportation solution, within selected 
        communities.
          (3) Grants.--In carrying out the program, the Secretary may 
        make grants to State, local, and regional agencies, that the 
        Secretary determines are suitably equipped and organized to 
        carry out the objectives and requirements of this subsection. 
        An agency that receives a grant under this subsection may 
        suballocate grant funds to a nonprofit organization to carry 
        out the program under this subsection.
          (4) 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 a project carried out under this subsection 
        shall be 80 percent, and such funds shall not be transferable 
        and shall remain available until expended.
          (5) Statistical information.--In carrying out the program, 
        the Secretary shall develop statistical information on changes 
        in motor vehicle, nonmotorized transportation, and public 
        transportation usage in communities participating in the 
        program and assess how such changes decrease congestion and 
        energy usage, increase the frequency of biking and walking, and 
        promote better health and a cleaner environment.
          (6) Reports.--The Secretary shall transmit to Congress an 
        interim report not later than September 30, 2007, and a final 
        report not later than September 30, 2010, on the results of the 
        program.

SEC. 1122. 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) a study evaluating alternative short-term sources 
                of Highway Trust Fund revenue to support the 
                requirements of section 1124; and
                  (B) 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) develop recommendations to generate Highway Trust 
                Fund revenue necessary to accomplish the requirements 
                of section 1124;
                  (B) 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;
                  (C) 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;
                  (D) 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
                  (E) 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 
        paragraph (1)(B) 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 
        paragraph (1)(B), 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) Composition.--The Commission shall be composed of 
                nine members of whom--
                          (i) three members shall be appointed by the 
                        Secretary;
                          (ii) two members shall be appointed by the 
                        Speaker of the House of Representatives;
                          (iii) one member shall be appointed by the 
                        minority leader of the House of 
                        Representatives;
                          (iv) two members shall be appointed by the 
                        majority leader of the Senate; and
                          (v) one member shall be appointed by the 
                        minority leader of the Senate.
                  (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.--
                  (A) In general.--The Commission may engage the 
                services of an appropriate organization, agency, or 
                firm to conduct the studies under this subsection, but 
                the Commission shall provide strategic guidance for the 
                studies.
                  (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 conducting the studies under this 
                subsection, including providing the Commission with 
                such nonconfidential data and information as necessary 
                for conducting and completing 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) Reports and recommendations.--
                  (A) Revenue actions.--Not later than September 30, 
                2005, the Commission shall transmit to Congress a 
                report on revenue actions that would support the 
                requirements of section 1124.
                  (B) Alternative long-term sources of revenue.--Not 
                later than September 30, 2006, the Commission shall 
                transmit to Congress a report on the results of the 
                study conducted under paragraph (1)(B), relating to 
                alternative long-term sources of revenue to support the 
                Highway Trust Fund, 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)(B). By such 180th day, the Commission shall 
        deliver all records and papers of the Commission to the 
        Archivist of the United States 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 2005 
        and 2006 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 Inters