“TEXT OF AMENDMENTS” published by the Congressional Record on May 9, 2005

Volume 151, No. 59 covering the 1st Session of the 109th Congress (2005 - 2006) was published by the Congressional Record.

The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.

“TEXT OF AMENDMENTS” mentioning the Department of Interior was published in the Senate section on pages S4653-S4787 on May 9, 2005.

The publication is reproduced in full below:

TEXT OF AMENDMENTS

SA 597. Mrs. CLINTON submitted an amendment intended to be proposed by her to the bill H.R. 3, to authorize funds for Federal-aid highways, highway safety programs, and transit programs, and for other purposes.

=========================== NOTE ===========================

On page S4653, May 9, 2005, under ``Texts of Amendments'', the following sentence appeared: SA 597. Mrs. CLINTON submitted an amendment intended to be proposed by her to the bill, H.R. 3, Reserved;

The online version has been corrected to read: SA 597. Mrs. CLINTON submitted an amendment intended to be proposed by her to the bill, H.R. 3, to authorize funds for Federal-aid highways, highway safety programs, and transit programs, and for other purposes.

========================= END NOTE =========================

On page 401, strike lines 3 through 13 and insert the following:

(e) Selection Criteria.--The Secretary shall only select projects for corridors that--

(1) have significant levels or increases in truck and traffic volume relating to international freight movement;

(2) connect to at least 1 international terminus or inland port; and

(3)(A) traverse at least 3 States; or

(B) are identified by section 115(c) of the Intermodal Transportation Efficiency Act of 1991 (Public Law 102-240; 105 Stat 2032).

______

SA 598. Mr. LIEBERMAN (for himself, Mr. Dodd, Mr. Lautenberg, and Mr. Voinovich) submitted an amendment intended to be proposed by him to the bill H.R. 3, to authorize funds for Federal-aid highways, highway safety programs, and transit programs, and for other purposes.

=========================== NOTE ===========================

On page S4653, May 9, 2005, under ``Texts of Amendments'', the following sentence appeared: SA 598. Mr. LIEBERMAN (for himself, Mr. Dodd, Mr. Lautenberg, and Mr. Voinovich) submitted an amendment intended to be proposed by him to the bill, H.R. 3, Reserved;

The online version has been corrected to read: SA 598. Mr. LIEBERMAN (for himself, Mr. Dodd, Mr. Lautenberg, and Mr. Voinovich) submitted an amendment intended to be proposed by him to the bill, H.R. 3, to authorize funds for Federal-aid highways, highway safety programs, and transit programs, and for other purposes.

========================= END NOTE =========================

In section 120(a)(1) of title 23, United States Code (as amended by section 1301), insert ``a bridge project or'' before ``a project to add''.

In section 144 of title 23, United States Code (as amended by section 1807(a)(9)), strike subsection (r) and insert the following:

``(r) Federal Share.--

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

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

______

SA 599. Mr. BINGAMAN submitted an amendment intended to be proposed by him to the bill H.R. 3, to authorize funds for Federal-aid highways, highway safety programs, and transit programs, and for other purposes.

=========================== NOTE ===========================

On page S4653, May 9, 2005, under ``Texts of Amendments'', the following sentence appeared: SA 599. Mr. BINGAMAN submitted an amendment intended to be proposed by him to the bill, H.R. 3, Reserved;

The online version has been corrected to read: SA 599. Mr. BINGAMAN submitted an amendment intended to be proposed by him to the bill, H.R. 3, to authorize funds for Federal-aid highways, highway safety programs, and transit programs, and for other purposes.

========================= END NOTE =========================

In section 510(a)(4)(D) of title 23, United States Code (as amended by section 2101(a)), strike clause (i) and insert the following:

``(i) Southwest Bridge Research Center, comprising New Mexico State University and the Oklahoma Transportation Center.''.

SA 600. Mr. TALENT (for himself and Mr. Dodd) proposed an amendment to amendment SA 567 proposed by Mr. Inhofe to the bill H.R. 3, to authorize funds for Federal-aid highways, highway safety programs, and transit programs, and for other purposes.

=========================== NOTE ===========================

On page S4653, May 9, 2005, under ``Texts of Amendments'', the following sentence appeared: SA 600. Mr. TALENT (for himself and Mr. Dodd) submitted an amendment intended to be proposed by him to the bill, H.R. 3, Reserved;

The online version has been corrected to read: SA 600. Mr. TALENT (for himself and Dodd) submitted an amendment intended to be proposed by him to the bill, H.R. 3, to authorize funds for Federal-aid highways, highway safety programs, and transit programs, and for other purposes.

========================= END NOTE =========================

At the end of subtitle H of title I, add the following:

SEC. 18__. NOTICE REGARDING PARTICIPATION OF SMALL BUSINESS

CONCERNS.

The Secretary of Transportation shall notify each State or political subdivision of a State to which the Secretary of Transportation awards a grant or other Federal funds of the criteria for participation by a small business concern in any program or project that is funded, in whole or in part, by the Federal Government under section 155 of the Small Business Reauthorization and Manufacturing Assistance Act of 2004 (15 U.S.C. 567g).

SA 601. Mrs. CLINTON submitted an amendment intended to be proposed by her to the bill H.R. 3, Reserved; which was ordered to lie on the table; as follows:

Beginning on page 66, strike line 13 and all that follows through page 81, line 8, and insert the following:

(b) National Surface Transportation Policy Study Commission.--

(1) Establishment.--There is established a commission to be known as the ``Next Generation National Surface Transportation Policy Study Commission'' (referred to in this section as the ``Commission'').

(2) Membership.--

(A) Composition.--The Commission shall be composed of 12 members, of whom--

(i) 1 member shall be the Secretary, who shall serve as Chairperson;

(ii) 3 members shall be appointed by the President;

(iii) 2 members shall be appointed by the Speaker of the House of Representatives;

(iv) 2 members shall be appointed by the minority leader of the House of Representatives;

(v) 2 members shall be appointed by the majority leader of the Senate; and

(vi) 2 members shall be appointed by the minority leader of the Senate.

(B) Qualifications.--Members appointed under paragraph

(1)--

(i) shall include individuals representing State and local governments, metropolitan planning organizations, transportation-related industries, academic and technical institutions, and public interest organizations involved with scientific, regulatory, economic, and environmental transportation activities; and

(ii) shall be balanced geographically to the extent consistent with maintaining the highest level of expertise on the Commission.

(C) Date of appointments.--The appointment of a member of the Commission shall be made not later than 120 days after the date of establishment of the Commission.

(D) Terms.--A member shall be appointed for the life of the Commission.

(E) Vacancies.--A vacancy on the Commission--

(i) shall not affect the powers of the Commission; and

(ii) shall be filled in the same manner as the original appointment was made.

(F) Initial meeting.--Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold the initial meeting of the Commission.

(G) Meetings.--The Commission shall meet at the call of the Chairperson.

(H) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings.

(I) Vice chairperson.--The Commission shall select a Vice Chairperson from among the members of the Commission.

(3) Duties.--

(A) In general.--The Commission shall--

(i) conduct a complete and comprehensive investigation and study of--

(I) the current condition and future needs of the surface transportation system; and

(II) a comprehensive study of alternatives to replace or to supplement the fuel tax as the principal revenue source to support the Highway Trust Fund and suggest new or alternative sources of revenue to fund the needs of the surface transportation system over at least the next 30 years;

(B) develop a conceptual plan, with alternative approaches, for the future to ensure that the surface transportation system will continue to serve the needs of the United States, including specific recommendations regarding design and operational standards, Federal policies, and legislative changes;

(C) consult with the Secretary and the Secretary of the Treasury in conducting the study to ensure that the views of the Secretaries concerning essential attributes of Highway Trust Fund revenue alternatives are considered;

(D) consult with representatives of State departments of transportation and metropolitan planning organizations and other key interested stakeholders in conducting the study to ensure that--

(i) the views of the stakeholders on alternative revenue sources to support State transportation improvement programs are considered; and

(ii) any recommended Federal financing strategy takes into account State financial requirements; and

(E) based on the study, make specific recommendations regarding--

(i) actions that should be taken to develop alternative revenue sources to sup port the Highway Trust Fund; and

(ii) the time frame for taking those actions.

(4) Related work.--To the maximum extent practicable, the study shall build on related work that has been completed by--

(A) the Secretary of Transportation;

(B) the Secretary of Energy;

(C) the Transportation Research Board, including the findings, conclusions, and recommendations of the recent study conducted by the Transportation Research Board on alternatives to the fuel tax to support highway program financing; and

(D) other entities and persons.

(5) Surface transportation needs.--With respect to surface transportation needs, the investigation and study shall specifically address--

(A) the current condition and performance of the Interstate System (including the physical condition of bridges and pavements and operational characteristics and performance), relying primarily on existing data sources;

(B) the future of the Interstate System, based on a range of legislative and policy approaches for 15-, 30-, and 50-year time periods;

(D) the expected use of the surface transportation system, including the effects of changing vehicle types, modes of transportation, fleet size and weights, and traffic volumes;

(E) desirable design policies and standards for future improvements of the surface transportation system, including additional access points;

(F) the identification of urban, rural, national, and interregional needs for the surface transportation system;

(G) the potential for expansion, upgrades, or other changes to the surface transportation system, including--

(i) deployment of advanced materials and intelligent technologies;

(ii) critical multistate, urban, and rural corridors needing capacity, safety, and operational enhancements;

(iii) improvements to intermodal linkages;

(iv) security and military deployment enhancements;

(v) strategies to enhance asset preservation; and

(vi) implementation strategies;

(H) the improvement of emergency preparedness and evacuation using the surface transportation system, including--

(i) examination of the potential use of all modes of the surface transportation system in the safe and efficient evacuation of citizens during times of emergency;

(ii) identification of the location of critical bottlenecks; and

(iii) development of strategies to improve system redundancy, especially in areas with a high potential for terrorist attacks;

(I) alternatives for addressing environmental concerns associated with the future development of the surface transportation system;

(J) the evaluation and assessment of the current and future capabilities for conducting system-wide real-time performance data collection and analysis, traffic monitoring, and transportation systems operations and management; and

(K) a range of policy and legislative alternatives for addressing future needs for the surface transportation system.

(6) Financing.--With respect to financing, the study shall address specifically--

(A) the advantages and disadvantages of alternative revenue sources to meet anticipated Federal surface transportation financial requirements;

(B) recommendations concerning the most promising revenue sources to support long-term Federal surface transportation financing requirements;

(C) development of a broad transition strategy to move from the current tax base to new funding mechanisms, including the time frame for various components of the transition strategy;

(D) recommendations for additional research that may be needed to implement recommended alternatives; and

(E) the extent to which revenues should reflect the relative use of the highway system.

(7) Financing recommendations.--In developing financing recommendations under this subsection, the Commission shall consider--

(A) the ability to generate sufficient revenues from all modes 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;

(D) the expected increase in nontaxed fuels and the impact of taxing those fuels;

(E) the 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 State and local tax mechanisms under each alternative.

(8) Technical advisory committee.--The Secretary shall establish a technical advisory committee, in a manner consistent with the Federal Advisory Committee Act (5 U.S.C. App.), to collect and evaluate technical input from--

(A) the Department of Defense;

(B) appropriate Federal, State, and local officials with responsibility for transportation;

(D) transportation and trade associations;

(E) emergency management officials;

(F) freight providers;

(G) the general public; and

(H) other entities and persons determined to be appropriate by the Secretary to ensure a diverse range of views.

(9) Report and recommendations.--Not later than September 30, 2007, the Commission shall submit to Congress a final report that contains--

(A) a detailed statement of the findings and conclusions of the Commission; and

(B) the recommendations of the Commission for such legislation and administrative actions as the Commission considers to be appropriate.

(10) Powers of the commission.--

(A) Hearings.--The Commission may hold such hearings, meet and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this section.

(B) Information from federal agencies.--

(i) In general.--The Commission may secure directly from a Federal agency such information as the Commission considers necessary to carry out this section.

(ii) Provision of information.--On request of the Chairperson of the Commission, the head of a Federal agency shall provide the requested information to the Commission.

(C) Postal services.--The Commission may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government.

(D) Donations.--The Commission may accept, use, and dispose of donations of services or property.

(11) Commission personnel matters.--

(A) Members.--A member of the Commission shall serve without pay but shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Commission.

(B) Contractors.--The Commission may enter into contracts with an appropriate organizations, agencies, and entities to conduct the study required under this section, under the strategic guidance of the Commission.

(C) Administrative support.--On the request of the Commission, the Administrator of the Federal Highway Administration shall provide to the Commission, on a reimbursable basis, the administrative support and services necessary for the Commission to carry out the duties of the Commission under this section.

(D) Detail of personnel.--

(i) In general.--On the request of the Commission, the Secretary may detail, on a reimbursable basis, any of the personnel of the Department to the Commission to assist the Commission in carrying out the duties of the Commission under this section.

(ii) Civil service status.--The detail of the employee shall be without interruption or loss of civil service status or privilege.

(12) Cooperation.--The staff of the Secretary shall cooperate with the Commission in the study required under this section, including providing such nonconfidential data and information as are necessary to conduct the study.

(13) Relationship to other law.--

(A) In general.--Except as provided in subparagraphs (B) and (C), funds made available to carry out this section shall be available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code. (B) FEDERAL SHARE.--The Federal share of the cost of the study and the Commission under this section shall be 100 percent.

(B) Availability.--Funds made available to carry out this section shall remain available until expended.

(14) Definition of surface transportation system.--In this subsection, the term ``surface transportation system'' includes--

(A) the National Highway System;

(B) the Interstate System;

(D) congressional high priority corridors;

(E) intermodal connectors;

(F) freight facilities;

(G) navigable waterways;

(H) mass transportation;

(I) freight and intercity passenger rail infrastructure and facilities; and

(J) surface access to airports.

(15) Authorization of appropriations.--There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out this section

$2,679,245 for fiscal year 2005.

(16) Termination.--

(A) In general.--The Commission shall terminate on the date that is 180 days after the date on which the Commission submits the report of the Commission under paragraph (10).

(B) Records.--Not later than the date of termination of the Commission under subparagraph (A), all records and papers of the Commission shall be delivered to the Archivist of the United States for deposit in the National Archives.

______

SA 602. Mr. NELSON of Nebraska submitted an amendment intended to be proposed by him to the bill H.R. 3, to authorize funds for Federal-aid highways, highway safety programs, and transit programs, and for other purposes.

=========================== NOTE ===========================

On page S4654, May 9, 2005, under ``Texts of Amendments'', the following sentence appeared: SA 602. Mr. NELSON of Nebraska submitted an amendment intended to be proposed by him to the bill, H.R. 3, Reserved;

The online version has been corrected to read: SA 602. Mr. NELSON of Nebraska submitted an amendment intended to be proposed by him to the bill, H.R. 3, to authorize funds for Federal-aid highways, highway safety programs, and transit programs, and for other purposes.

========================= END NOTE =========================

At the appropriate place, insert the following:

SEC. __. NEBRASKA CUSTOM HARVESTERS LENGTH EXEMPTION.

Section 31112(c) of title 49, United States Code, is amended--

(1) in paragraph (3), by striking ``and'' at the end;

(2) in paragraph (4), by striking the period at the end and inserting ``; and''; and

(3) by adding at the end the following:

``(5) Nebraska may allow the operation of commercial motor vehicle combinations that are not longer than 81 feet, 6 inches, and are only used for harvesting wheat, soybeans, and milo on a contract basis for agricultural producers during the harvest months for such crops (as defined by the State of Nebraska).''.

______

SA 603. Mr. CHAMBLISS submitted an amendment intended to be proposed by him to the bill H.R. 3, Reserved; which was ordered to lie on the table; as follows:

Strike section 1803 and insert the following: SEC. 1803. DESIGN-BUILD CONTRACTING.

(a) In General.--Section 112(b) of title 23, United States Code, is amended by striking paragraph (3) and inserting the following:

``(3) Design-build contracting.--

``(A) Design-build contract.--In this section, the term

`design-build contract' means an agreement that provides for design and construction of a project by a contractor, regardless of whether the agreement is in the form of a design-build contract, a franchise agreement, or any other form of contract approved by the Secretary.

``(B) Contracts.--A State transportation department or local transportation agency may--

``(i) use design-build contracts for development of projects under this chapter; and

``(ii) award those contracts using any procurement process permitted by applicable State and local law.

``(C) Limitation on work to be performed under design-build contracts.--

``(i) In general.--Except as provided in clause (ii) and subject to subparagraph (D), prior to compliance by the parties to a design-build contract with section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332)--

``(I) a State transportation department or local transportation agency may award a design-build contract under this paragraph and conduct other actions under a design-build contract; and

``(II) the Secretary may concur in the award of, and any actions taken under, the design-build contract.

``(ii) Exception.--The final design of permanent improvements shall not commence under a design-build contract awarded under this paragraph before compliance by the parties to the design-build contract with section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332).

``(D) Project authorization.--A design-build contract may be awarded under this paragraph prior to compliance described in subparagraph (C)(ii) only--

``(i) upon request by the appropriate State transportation department or local transportation agency;

``(ii) with the concurrence of the Secretary in issuing the procurement documents and awarding the contract (including in amending any such document or contract); and

``(iii) if authorization for projects to be carried out under the contract will be provided after that compliance has occurred.

``(E) Effect of concurrence.--Concurrence by the Secretary under subparagraph (D)(ii) shall be considered to be a preliminary action that does not affect the environment.''.

(b) Regulations.--Not later than 90 days after the date of enactment of this Act, the Secretary shall promulgate revised regulations under section 1307(c) of the Transportation Equity Act for the 21st Century (23 U.S.C. 112 note) that--

(1) permit a State transportation department or local transportation agency to use any procurement process permitted by applicable State and local law in awarding design-build contracts, including allowing unsolicited proposals, negotiated procurements, and multiple requests for final proposals (except that the Secretary may require reasonable justification to be provided for any sole source procurement or multiple requests for final proposals);

(2) may include best-practice guidelines;

(3) do not preclude State transportation departments and local transportation agencies from allowing proposers to include alternative technical concepts in their base proposals; and

(4) prior to compliance by the parties to a design-build contract with section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332), if the design-build contractor is not authorized to proceed with final design of permanent improvements prior to that compliance, do not preclude--

(A) State transportation departments and local transportation agencies from issuing a request for a proposal document, proceeding with award of a design-build contract, or issuing a notice to proceed with preliminary design work under such a contract; or

(B) concurrence in those actions by the Secretary.

______

SA 604. Mr. DURBIN (for himself and Ms. Collins) submitted an amendment intended to be proposed by him to the bill H.R. 3, Reserved; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. CONSERVE BY BICYCLING PROGRAM.

(a) Definitions.--In this section:

(1) Program.--The term ``program'' means the Conserve by Bicycling Program established by subsection (b).

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

(b) Establishment.--There is established within the Department of Transportation a program to be known as the

``Conserve by Bicycling Program''.

(1) In general.--In carrying out the program, the Secretary shall establish not more than 10 pilot projects that are--

(A) dispersed geographically throughout the United States; and

(B) designed to conserve energy resources by encouraging the use of bicycles in place of motor vehicles.

(2) Requirements.--A pilot project described in paragraph

(1) shall--

(A) use education and marketing to convert motor vehicle trips to bicycle trips;

(B) document project results and energy savings (in estimated units of energy conserved);

(i) transportation;

(ii) law enforcement;

(iii) education;

(iv) public health;

(v) environment; and

(vi) energy;

(D) maximize bicycle facility investments;

(E) demonstrate methods that may be used in other regions of the United States; and

(F) facilitate the continuation of ongoing programs that are sustained by local resources.

(3) Cost sharing.--At least 20 percent of the cost of each pilot project described in paragraph (1) shall be provided from State or local sources.

(d) Energy and Bicycling Research Study.--

(1) In general.--Not later than 2 years after the date of enactment of this Act, the Secretary shall enter into a contract with the National Academy of Sciences for, and the National Academy of Sciences shall conduct and submit to Congress a report on, a study on the feasibility of converting motor vehicle trips to bicycle trips.

(2) Components.--The study shall--

(A) document the results or progress of the pilot projects under subsection (b);

(B) determine the type and duration of motor vehicle trips that people in the United States may feasibly make by bicycle, taking into consideration factors such as--

(i) weather;

(ii) land use and traffic patterns;

(iii) the carrying capacity of bicycles; and

(iv) bicycle infrastructure;

(D) include a cost-benefit analysis of bicycle infrastructure investments; and

(E) include a description of any factors that would encourage more motor vehicle trips to be replaced with bicycle trips.

(e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $6,200,000, to remain available until expended, of which--

(1) $5,150,000 shall be used to carry out pilot projects described in subsection (c);

(2) $300,000 shall be used by the Secretary to coordinate, publicize, and disseminate the results of the program; and

(3) $750,000 shall be used to carry out subsection (d).

______

SA 605. Mr. INHOFE proposed an amendment to the bill H.R. 3, Reserved; 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 ``Safe, Accountable, Flexible, and Efficient Transportation Equity Act of 2005''.

(b) Table of Contents.--The table of contents of this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. General definitions.

Sec. 3. Definitions for title 23.

TITLE I--FEDERAL-AID HIGHWAYS

Subtitle A--Funding

Sec. 1101. Authorization of appropriations.

Sec. 1102. Obligation ceiling.

Sec. 1103. Apportionments.

Sec. 1104. Equity bonus programs.

Sec. 1105. Revenue aligned budget authority.

Subtitle B--New Programs

Sec. 1201. Infrastructure performance and maintenance program.

Sec. 1202. Future of surface transportation system.

Sec. 1203. Freight transportation gateways; freight intermodal connections.

Sec. 1204. Construction of ferry boats and ferry terminal and maintenance facilities; coordination of ferry construction and maintenance.

Sec. 1205. Designation of Interstate Highways.

Sec. 1206. State-by-State comparison of highway construction costs.

Subtitle C--Finance

Sec. 1301. Federal share.

Sec. 1302. Transfer of highway and transit funds.

Sec. 1303. Transportation Infrastructure Finance and Innovation Act

Amendments.

Sec. 1304. State infrastructure banks.

Sec. 1305. Public-private partnerships pilot program.

Subtitle D--Safety

Sec. 1401. Highway safety improvement program.

Sec. 1402. Operation lifesaver.

Sec. 1403. License suspension.

Sec. 1404. Bus axle weight exemption.

Sec. 1405. Safe routes to schools program.

Sec. 1406. Purchases of equipment.

Sec. 1407. Workzone safety.

Sec. 1408. Worker injury prevention and free flow of vehicular traffic.

Sec. 1409. Open container requirements.

Sec. 1410. Safe intersections.

Subtitle E--Environmental Planning and Review

Chapter 1--Transportation Planning

Sec. 1501. Integration of natural resource concerns into State and metropolitan transportation planning. Sec. 1502. Consultation between transportation agencies and resource agencies in transportation planning.

Sec. 1503. Integration of natural resource concerns into transportation project planning.

Sec. 1504. Public involvement in transportation planning and projects.

Sec. 1505. Project mitigation.

Chapter 2--Transportation Project Development Process

Sec. 1511. Transportation project development process.

Sec. 1512. Assumption of responsibility for categorical exclusions.

Sec. 1513. Surface transportation project delivery pilot program.

Sec. 1514. Parks, recreation areas, wildlife and waterfowl refuges, and historic sites.

Sec. 1515. Regulations.

Chapter 3--Miscellaneous

Sec. 1521. Critical real property acquisition.

Sec. 1522. Planning capacity building initiative.

Sec. 1523. Intermodal passenger facilities.

Subtitle F--Environment

Sec. 1601. Environmental restoration and pollution abatement; control of invasive plant species and establishment of native species.

Sec. 1602. National scenic byways program.

Sec. 1603. Recreational trails program.

Sec. 1604. Exemption of Interstate System.

Sec. 1605. Standards.

Sec. 1606. Use of high occupancy vehicle lanes.

Sec. 1607. Bicycle transportation and pedestrian walkways.

Sec. 1608. Idling reduction facilities in Interstate rights-of-way.

Sec. 1609. Toll programs.

Sec. 1610. Federal reference method.

Sec. 1611. Addition of particulate matter areas to CMAQ.

Sec. 1612. Addition to CMAQ-eligible projects.

Sec. 1613. Improved interagency consultation.

Sec. 1614. Evaluation and assessment of CMAQ projects.

Sec. 1615. Synchronized planning and conformity timelines, requirements, and horizon.

Sec. 1616. Transition to new air quality standards.

Sec. 1617. Reduced barriers to air quality improvements.

Sec. 1618. Air quality monitoring data influenced by exceptional events.

Sec. 1619. Conforming amendments.

Sec. 1620. Highway stormwater discharge mitigation program.

Sec. 1621. Funds for rebuilding fish stocks.

Sec. 1622. Federal procurement of recycled coolant.

Subtitle G--Operations

Sec. 1701. Transportation systems management and operations.

Sec. 1702. Real-time system management information program.

Sec. 1703. Contracting for engineering and design services.

Sec. 1704. Designation of transportation management areas.

Subtitle H--Federal-Aid Stewardship

Sec. 1801. Future Interstate System routes.

Sec. 1802. Stewardship and oversight.

Sec. 1803. Design-build contracting.

Sec. 1804. Program efficiencies--finance.

Sec. 1805. Set-asides for interstate discretionary projects.

Sec. 1806. Federal lands highways program.

Sec. 1807. Highway bridge program.

Sec. 1808. Appalachian development highway system.

Sec. 1809. Multistate corridor program.

Sec. 1810. Border planning, operations, technology, and capacity program.

Sec. 1811. Puerto Rico highway program.

Sec. 1812. National historic covered bridge preservation.

Sec. 1813. Transportation and community and system preservation program.

Sec. 1814. Parking pilot programs.

Sec. 1815. Interstate oasis program.

Sec. 1816. Tribal-State road maintenance agreements.

Sec. 1817. National forest system roads.

Sec. 1818. Territorial highway program.

Sec. 1819. Magnetic levitation transportation technology deployment program.

Sec. 1820. Donations and credits.

Sec. 1821. Disadvantaged business enterprises.

Sec. 1822. [Reserved].

Sec. 1823. Priority for pedestrian and bicycle facility enhancement projects.

Sec. 1824. The Delta Regional Authority.

Sec. 1825. Multistate international corridor development program.

Sec. 1826. Authorization of contract authority for States with Indian

Reservations.

Sec. 1827. Value pricing pilot program.

Sec. 1828. Credit to State of Louisiana for State matching funds.

Sec. 1829. Approval and funding for certain construction projects.

Subtitle I--Technical Corrections

Sec. 1901. Repeal or update of obsolete text.

Sec. 1902. Clarification of date.

Sec. 1903. Inclusion of requirements for signs identifying funding sources in title 23.

Sec. 1904. Inclusion of Buy America requirements in title 23.

Sec. 1905. Technical amendments to nondiscrimination section.

TITLE II--TRANSPORTATION RESEARCH

Subtitle A--Funding

Sec. 2001. Authorization of appropriations.

Sec. 2002. Obligation ceiling.

Sec. 2003. Notice.

Subtitle B--Research and Technology

Sec. 2101. Research and technology program.

Sec. 2102. Study of data collection and statistical analysis efforts.

Sec. 2103. Centers for surface transportation excellence.

Sec. 2104. Motorcycle crash causation study grants.

Sec. 2105. Transportation technology innovation and demonstration program

Subtitle C--Intelligent Transportation System Research

Sec. 2201. Intelligent transportation system research and technical assistance program.

TITLE III--RECREATIONAL BOATING SAFETY PROGRAMS

Sec. 3001. Short title.

Sec. 3002. Amendment of Federal aid in Fish Restoration Act.

Sec. 3003. Authorization of appropriations.

Sec. 3004. Division of annual appropriations.

Sec. 3005. Maintenance of projects.

Sec. 3006. Boating infrastructure.

Sec. 3007. Requirements and restrictions concerning use of amounts for expenses for administration.

Sec. 3008. Payments of funds to and cooperation with Puerto Rico, the

District of Columbia, Guam, American Samoa, the

Commonwealth of the Northern Mariana Islands, and the

Virgin Islands.

Sec. 3009. Multistate conservation grant program.

TITLE IV--SOLID WASTE DISPOSAL

Sec. 4001. Increased use of recovered mineral component in federally funded projects involving procurement of cement or concrete.

Sec. 4002. Use of granular mine tailings.

TITLE V--HIGHWAY REAUTHORIZATION AND EXCISE TAX SIMPLIFICATION

Sec. 5000. Short title; amendment of 1986 Code.

Subtitle A--Trust Fund Reauthorization

Sec. 5101. Extension of highway-related taxes and trust funds.

Sec. 5102. Modification of adjustments of apportionments.

Subtitle B--Excise Tax Reform and Simplification

Part I--Highway Excise Taxes

Sec. 5201. Modification of gas guzzler tax.

Sec. 5202. Exclusion for tractors weighing 19,500 pounds or less from

Federal excise tax on heavy trucks and trailers.

Sec. 5203. Exemption for equipment for transporting bulk beds of farm crops from excise tax on retail sale of heavy trucks and trailers.

Part II--Aquatic Excise Taxes

Sec. 5211. Elimination of Aquatic Resources Trust Fund and transformation of Sport Fish Restoration Account.

Sec. 5212. Repeal of harbor maintenance tax on exports.

Sec. 5213. Cap on excise tax on certain fishing equipment.

Part III--Aerial Excise Taxes

Sec. 5221. Clarification of excise tax exemptions for agricultural aerial applicators and exemption for fixed-wing aircraft engaged in forestry operations.

Sec. 5222. Modification of rural airport definition.

Sec. 5223. Exemption from taxes on transportation provided by seaplanes.

Sec. 5224. Certain sightseeing flights exempt from taxes on air transportation.

Part IV--Taxes Relating to Alcohol

Sec. 5231. Repeal of special occupational taxes on producers and marketers of alcoholic beverages.

Sec. 5232. Modification of limitation on rate of rum excise tax cover over to Puerto Rico and Virgin Islands.

Sec. 5233. Income tax credit for distilled spirits wholesalers and for distilled spirits in control State bailment warehouses for costs of carrying Federal excise taxes on bottled distilled spirits.

Sec. 5234. Quarterly excise tax filing for small alcohol excise taxpayers.

Part V--Sport Excise Taxes

Sec. 5241. Custom gunsmiths.

Subtitle C--Miscellaneous Provisions

Sec. 5301. Motor Fuel Tax Enforcement Advisory Commission.

Sec. 5302. National Surface Transportation Infrastructure Financing

Commission.

Sec. 5303. Expansion of Highway Trust Fund expenditure purposes to include funding for studies of supplemental or alternative financing for the Highway Trust Fund.

Sec. 5304. Delta Regional transportation plan. Sec. 5305. Build America Corporation.

Sec. 5306. Increase in dollar limitation for qualified transportation fringe benefits.

Sec. 5307. Treasury study of highway fuels used by trucks for non-

transportation purposes.

Sec. 5308. Tax-exempt financing of highway projects and rail-truck transfer facilities.

Subtitle D--Fuels-Related Technical Corrections

Sec. 5401. Fuels-related technical corrections.

Subtitle E--Revenue Offset Provisions

Part I--General Provisions

Sec. 5501. Treatment of contingent payment convertible debt instruments.

Sec. 5502. Frivolous tax submissions.

Sec. 5503. Increase in certain criminal penalties.

Sec. 5504. Doubling of certain penalties, fines, and interest on underpayments related to certain offshore financial arrangements.

Sec. 5505. Modification of interaction between subpart F and passive foreign investment company rules.

Sec. 5506. Declaration by chief executive officer relating to Federal annual corporate income tax return.

Sec. 5507. Treasury regulations on foreign tax credit.

Sec. 5508. Whistleblower reforms.

Sec. 5509. Denial of deduction for certain fines, penalties, and other amounts.

Sec. 5510. Freeze of interest suspension rules with respect to listed transactions.

Sec. 5511. Modifications of effective dates of leasing provisions of the American Jobs Creation Act of 2004.

Sec. 5512. Imposition of mark-to-market tax on individuals who expatriate.

Sec. 5513. Disallowance of deduction for punitive damages.

Sec. 5514. Application of earnings stripping rules to partners which are C corporations.

Sec. 5515. Prohibition on deferral of gain from the exercise of stock options and restricted stock gains through deferred compensation arrangements.

Part II--Economic Substance Doctrine

Sec. 5521. Clarification of economic substance doctrine.

Sec. 5522. Penalty for understatements attributable to transactions lacking economic substance, etc.

Sec. 5523. Denial of deduction for interest on underpayments attributable to noneconomic substance transactions.

Part III--Improvements in Efficiency and Safeguards in Internal Revenue

Service Collection

Sec. 5531. Waiver of user fee for installment agreements using automated withdrawals.

Sec. 5532. Termination of installment agreements.

Sec. 5533. Office of Chief Counsel review of offers-in-compromise.

Sec. 5534. Partial payments required with submission of offers-in-

compromise.

Sec. 5535. Joint task force on offers-in-compromise.

Subtitle F--Additional Revenue Provisions

Part I--General Provisions

Sec. 5601. Suspension of transfers from Highway Trust Fund for certain repayments and credits.

Sec. 5602. Temporary dedication of gas guzzler tax to Highway Trust

Fund.

Part II--Provisions to Combat Fuel Fraud

Sec. 5611. Treatment of kerosene for use in aviation.

Sec. 5612. Repeal of ultimate vendor refund claims with respect to farming.

Sec. 5613. Refunds of excise taxes on exempt sales of fuel by credit card.

Sec. 5614. Additional requirement for exempt purchases .

Sec. 5615. Reregistration in event of change in ownership.

Sec. 5616. Reconciliation of on-loaded cargo to entered cargo.

Sec. 5617. Registration of deep-draft vessels.

Sec. 5618. Taxation of gasoline blendstocks and kerosene.

Sec. 5619. Nonapplication of export exemption to delivery of fuel to motor vehicles removed from United States.

Sec. 5620. Penalty with respect to certain adulterated fuels.

TITLE VI--PUBLIC TRANSPORTATION

Sec. 6001. Short title.

Sec. 6002. Amendments to title 49, United States Code; updated terminology.

Sec. 6003. Policies, findings, and purposes.

Sec. 6004. Definitions.

Sec. 6005. Metropolitan transportation planning.

Sec. 6006. Statewide transportation planning.

Sec. 6007. Transportation management areas.

Sec. 6008. Private enterprise participation.

Sec. 6009. Urbanized area formula grants.

Sec. 6010. Planning programs.

Sec. 6011. Capital investment program.

Sec. 6012. New freedom for elderly persons and persons with disabilities.

Sec. 6013. Formula grants for other than urbanized areas.

Sec. 6014. Research, development, demonstration, and deployment projects.

Sec. 6015. Transit cooperative research program.

Sec. 6016. National research programs.

Sec. 6017. National transit institute.

Sec. 6018. Bus testing facility.

Sec. 6019. Bicycle facilities.

Sec. 6020. Suspended light rail technology pilot project.

Sec. 6021. Crime prevention and security.

Sec. 6022. General provisions on assistance.

Sec. 6023. Special provisions for capital projects.

Sec. 6024. Contract requirements.

Sec. 6025. Project management oversight and review.

Sec. 6026. Project review.

Sec. 6027. Investigations of safety and security risk.

Sec. 6028. State safety oversight.

Sec. 6029. Terrorist attacks and other acts of violence against public transportation systems.

Sec. 6030. Controlled substances and alcohol misuse testing.

Sec. 6031. Employee protective arrangements.

Sec. 6032. Administrative procedures.

Sec. 6033. Reports and audits.

Sec. 6034. Apportionments of appropriations for formula grants.

Sec. 6035. Apportionments for fixed guideway modernization.

Sec. 6036. Authorizations.

Sec. 6037. Apportionments based on growing States formula factors.

Sec. 6038. Job access and reverse commute grants.

Sec. 6039. Over-the-road bus accessibility program.

Sec. 6040. Alternative transportation in parks and public lands.

Sec. 6041. Obligation ceiling.

Sec. 6042. Adjustments for The Surface Transportation Extension Act of

2004.

Sec. 6043. Disadvantaged business enterprise.

TITLE VII--SURFACE TRANSPORTATION SAFETY IMPROVEMENT

Sec. 7001. Short title.

Sec. 7002. Amendment of United States Code.

Subtitle A--Motor Carrier Safety

Chapter 1--Motor Carriers

Sec. 7101. Short title.

Sec. 7102. Contract authority.

Sec. 7103. Authorization of appropriations.

Sec. 7104. High risk carrier compliance reviews.

Sec. 7105. Overdue reports, studies, and rulemakings.

Sec. 7106. Amendments to the listed reports, studies, and rulemaking proceedings.

Sec. 7107. Motor carrier safety grants.

Sec. 7108. Technical corrections.

Sec. 7109. Penalty for denial of access to records.

Sec. 7110. Medical program.

Sec. 7111. Operation of commercial motor vehicles by individuals who use insulin to treat diabetes mellitus.

Sec. 7112. Financial responsibility for private motor carriers.

Sec. 7113. Increased penalties for out-of-service violations and false records.

Sec. 7114. Intrastate operations of interstate motor carriers.

Sec. 7115. Authority to stop commercial motor vehicles.

Sec. 7116. Revocation of operating authority.

Sec. 7117. Pattern of safety violations by motor carrier management.

Sec. 7118. Motor carrier research and technology program.

Sec. 7119. International cooperation.

Sec. 7120. Performance and registration information system management.

Sec. 7121. Commercial vehicle information systems and networks deployment.

Sec. 7122. Outreach and education.

Sec. 7123. Foreign commercial motor vehicles.

Sec. 7124. Pre-employment safety screening.

Sec. 7125. Class or category exemptions.

Sec. 7126. Decals.

Sec. 7127. Roadability.

Sec. 7128. Motor carrier regulations.

Sec. 7129. Vehicle towing.

Chapter 2--Unified Carrier Registration

Sec. 7131. Short title.

Sec. 7132. Relationship to other laws.

Sec. 7133. Inclusion of motor private and exempt carriers.

Sec. 7134. Unified carrier registration system.

Sec. 7135. Registration of motor carriers by States.

Sec. 7136. Identification of vehicles.

Sec. 7137. Use of UCR agreement revenues as matching funds.

Sec. 7138. Facilitation of international registration plans and international fuel tax agreements.

Sec. 7139. Identity authentication standards.

Sec. 7140. Off-duty time for drivers of commercial vehicles.

Chapter 3--Commercial Driver's Licenses

Sec. 7151. CDL task force.

Sec. 7152. CDL learner's permit program. Sec. 7153. Grants to States for commercial driver's license improvements.

Sec. 7154. Modernization of CDL information system.

Subtitle B--Highway and Vehicular Safety

Sec. 7201. Short title.

Chapter 1--Highway Safety Grant Program

Sec. 7211. Short title.

Sec. 7212. Authorization of appropriations.

Sec. 7213. Highway safety programs.

Sec. 7214. Highway safety research and outreach programs.

Sec. 7215. National Highway Safety Advisory Committee technical correction.

Sec. 7216. Occupant protection grants.

Sec. 7217. Older driver safety; law enforcement training.

Sec. 7218. Emergency medical services.

Sec. 7219. Repeal of authority for alcohol traffic safety programs.

Sec. 7220. Impaired driving program.

Sec. 7221. State traffic safety information system improvements.

Sec. 7222. NHTSA accountability.

Sec. 7223. Grants for improving child passenger safety programs.

Sec. 7224. Motorcyclist safety training and motorist awareness programs.

Chapter 2--Specific Vehicle Safety-related Rulings

Sec. 7251. Vehicle rollover prevention and crash mitigation.

Sec. 7252. Side-impact crash protection rulemaking.

Sec. 7253. Tire research.

Sec. 7254. Vehicle backover avoidance technology study.

Sec. 7255. Nontraffic incident data collection.

Sec. 7256. Safety belt use reminders.

Sec. 7257. Amendment of Automobile Information Disclosure Act.

Sec. 7258. Power window switches.

Sec. 7259. 15-passenger van safety.

Sec. 7260. Updated fuel economy labeling procedures.

Sec. 7261. Authorization of appropriations.

Subtitle C--Hazardous Materials

Sec. 7301. Short title.

Chapter 1--General Authorities on Transportation of Hazardous Materials

Sec. 7321. Purpose.

Sec. 7322. Definitions.

Sec. 7323. General regulatory authority.

Sec. 7324. Limitation on issuance of hazmat licenses.

Sec. 7325. Background checks for drivers hauling hazardous materials.

Sec. 7326. Representation and tampering.

Sec. 7327. Transporting certain material.

Sec. 7328. Hazmat employee training requirements and grants.

Sec. 7329. Registration.

Sec. 7330. Shipping papers and disclosure.

Sec. 7331. Rail tank cars.

Sec. 7332. Unsatisfactory safety ratings.

Sec. 7333. Training curriculum for the public sector.

Sec. 7334. Planning and training grants; emergency preparedness fund.

Sec. 7335. Special permits and exclusions.

Sec. 7336. Uniform forms and procedures.

Sec. 7337. Hazardous materials transportation safety and security.

Sec. 7338. Enforcement.

Sec. 7339. Civil penalties.

Sec. 7340. Criminal penalties.

Sec. 7341. Preemption.

Sec. 7342. Relationship to other laws.

Sec. 7343. Judicial review.

Sec. 7344. Authorization of appropriations.

Sec. 7345. Additional civil and criminal penalties.

Sec. 7346. Technical corrections.

Chapter 2--Other Matters

Sec. 7361. Administrative authority for Pipeline and Hazardous

Materials Safety Administration.

Sec. 7362. Mailability of hazardous materials.

Sec. 7363. Criminal matters.

Sec. 7364. Cargo inspection program.

Sec. 7365. Information on hazmat registrations.

Sec. 7366. Report on applying hazardous materials regulations to persons who reject hazardous materials.

Sec. 7367. National first responder transportation incident response system.

Sec. 7368. Hazardous material transportation plan requirement.

Sec. 7369. Welded rail and tank car safety improvements.

Sec. 7370. Hazardous materials cooperative research program.

Chapter 3--Sanitary Food Transportation

Sec. 7381. Short title.

Sec. 7382. Responsibilities of the Secretary of Health and Human

Services.

Sec. 7383. Department of Transportation requirements.

Sec. 7384. Effective date.

Subtitle D--Household Goods Movers

Sec. 7401. Short title.

Sec. 7402. Definitions.

Sec. 7403. Payment of rates.

Sec. 7404. Household goods carrier operations.

Sec. 7405. Liability of carriers under receipts and bills of lading.

Sec. 7406. Arbitration requirements.

Sec. 7407. Enforcement of regulations related to transportation of household goods.

Sec. 7408. Working group for development of practices and procedures to enhance Federal-State relations.

Sec. 7409. Information about household goods transportation on carriers' websites.

Sec. 7410. Consumer complaints.

Sec. 7411. Review of liability of carriers.

Sec. 7412. Civil penalties relating to household goods brokers.

Sec. 7413. Civil and criminal penalty for failing to give up possession of household goods.

Sec. 7414. Progress report.

Sec. 7415. Additional registration requirements for motor carriers of household goods.

Subtitle E--Sportfishing and Recreational Boating Safety

Sec. 7501. Short title.

Chapter 1--Federal Aid in Sport Fish Restoration Act Amendments

Sec. 7511. Amendment of Federal Aid in Sport Fish Restoration Act.

Sec. 7512. Authorization of appropriations.

Sec. 7513. Division of annual appropriations.

Sec. 7514. Maintenance of projects.

Sec. 7515. Boating infrastructure.

Sec. 7516. Requirements and restrictions concerning use of amounts for expenses for administration.

Sec. 7517. Payments of funds to and cooperation with Puerto Rico, the

District of Columbia, Guam, American Samoa, the

Commonwealth of the Northern Mariana Islands, and the

Virgin Islands.

Sec. 7518. Multistate conservation grant program.

Sec. 7519. Expenditures from boat safety account.

Chapter 2--Clean Vessel Act Amendments

Sec. 7531. Grant program.

Chapter 3--Recreational Boating Safety Program Amendments

Sec. 7551. State matching funds requirement.

Sec. 7552. Availability of allocations.

Sec. 7553. Authorization of appropriations for State recreational boating safety programs.

Sec. 7554. Maintenance of effort for State recreational boating safety programs.

Subtitle F--Miscellaneous Provisions

Sec. 7601. Office of intermodalism.

Sec. 7602. Capital grants for rail line relocation projects.

Sec. 7603. Rehabilitation and improvement financing.

Sec. 7604. Report regarding impact on public safety of train travel in communities without grade separation.

Sec. 7605. First responder vehicle safety program.

TITLE VIII--TRANSPORTATION DISCRETIONARY SPENDING GUARANTEE AND BUDGET

OFFSETS

Sec. 8101. Sense of the Senate on overall Federal budget.

Sec. 8102. Discretionary spending categories.

Sec. 8103. Level of obligation limitations.

SEC. 2. GENERAL DEFINITIONS.

In this Act:

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

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

SEC. 3. DEFINITIONS FOR TITLE 23.

Section 101 of title 23, United States Code, is amended by striking subsection (a) and inserting the following:

``(a) Definitions.--In this title:

``(1) Apportionment.--The term `apportionment' includes an unexpended apportionment made under a law enacted before the date of enactment of the Safe, Accountable, Flexible, and Efficient Transportation Equity Act of 2005.

``(2) Carpool project.--

``(A) In general.--The term `carpool project' means any project to encourage the use of carpools and vanpools.

``(B) Inclusions.--The term `carpool project' includes a project--

``(i) to provide carpooling opportunities to the elderly and individuals with disabilities;

``(ii) to develop and implement a system for locating potential riders and informing the riders of carpool opportunities;

``(iii) to acquire vehicles for carpool use;

``(iv) to designate highway lanes as preferential carpool highway lanes;

``(v) to provide carpool-related traffic control devices; and

``(vi) to designate facilities for use for preferential parking for carpools.

``(3) Construction.--

``(A) In general.--The term `construction' means the supervision, inspection, and actual building of, and incurring of all costs incidental to the construction or reconstruction of a highway, including bond costs and other costs relating to the issuance in accordance with section 122 of bonds or other debt financing instruments and costs incurred by the State in performing Federal-aid project related audits that directly benefit the Federal-aid highway program.

``(B) Inclusions.--The term `construction' includes--

``(i) locating, surveying, and mapping (including the establishment of temporary and permanent geodetic markers in accordance with specifications of the National Oceanic and Atmospheric Administration);

``(ii) resurfacing, restoration, and rehabilitation;

``(iii) acquisition of rights-of-way;

``(iv) relocation assistance, acquisition of replacement housing sites, and acquisition and rehabilitation, relocation, and construction of replacement housing;

``(v) elimination of hazards of railway grade crossings;

``(vi) elimination of roadside obstacles;

``(vii) improvements that directly facilitate and control traffic flow, such as--

``(I) grade separation of intersections;

``(II) widening of lanes;

``(III) channelization of traffic;

``(IV) traffic control systems; and

``(V) passenger loading and unloading areas;

``(viii) capital improvements that directly facilitate an effective vehicle weight enforcement program, such as--

``(I) scales (fixed and portable);

``(II) scale pits;

``(III) scale installation; and

``(IV) scale houses;

``(ix) improvements directly relating to securing transportation infrastructures for detection, preparedness, response, and recovery;

``(x) operating costs relating to traffic monitoring, management, and control;

``(xi) operational improvements; and

``(xii) transportation system management and operations.

``(4) County.--The term `county' includes--

``(A) a corresponding unit of government under any other name in a State that does not have county organizations; and

``(B) in those States in which the county government does not have jurisdiction over highways, any local government unit vested with jurisdiction over local highways.

``(5) Federal-aid highway.--

``(A) In general.--The term `Federal-aid highway' means a highway eligible for assistance under this chapter.

``(B) Exclusions.--The term `Federal-aid highway' does not include a highway classified as a local road or rural minor collector.

``(6) Federal-aid system.--The term `Federal-aid system' means any of the Federal-aid highway systems described in section 103.

``(7) Federal lands highway.--The term `Federal lands highway' means--

``(A) a forest highway;

``(B) a recreation road;

``(C) a public Forest Service road;

``(D) a park road;

``(E) a parkway;

``(F) a refuge road;

``(G) an Indian reservation road; and

``(H) a public lands highway.

``(8) Forest highway.--The term `forest highway' means a forest road that is--

``(A) under the jurisdiction of, and maintained by, a public authority; and

``(B) is open to public travel.

``(9) Forest road or trail.--

``(A) In general.--The term `forest road or trail' means a road or trail wholly or partly within, or adjacent to, and serving National Forest System land that is necessary for the protection, administration, use, and development of the resources of that land.

``(B) Inclusions.--The term `forest road or trail' includes--

``(i) a classified forest road;

``(ii) an unclassified forest road;

``(iii) a temporary forest road; and

``(iv) a public forest service road.

``(10) Freight transportation gateway.--

``(A) In general.--The term `freight transportation gateway' means a nationally or regionally significant transportation port of entry or hub for domestic and global trade or military mobilization.

``(B) Inclusions.--The term `freight transportation gateway' includes freight intermodal and Strategic Highway Network connections that provide access to and from a port or hub described in subparagraph (A).

``(11) Highway.--The term `highway' includes--

``(A) a road, street, and parkway;

``(B) a right-of-way, bridge, railroad-highway crossing, tunnel, drainage structure, sign, guardrail, and protective structure, in connection with a highway; and

``(C) a portion of any interstate or international bridge or tunnel (including the approaches to the interstate or international bridge or tunnel, and such transportation facilities as may be required by the United States Customs Service and the Bureau of Citizenship and Immigration Services in connection with the operation of an international bridge or tunnel), the cost of which is assumed by a State transportation department.

``(12) Highway safety improvement project.--The term

`highway safety improvement project' means a project that meets the requirements of section 148.

``(13) Indian reservation road.--

``(A) In general.--The term `Indian reservation road' means a public road that is located within or provides access to an area described in subparagraph (B) on which or in which reside Indians or Alaskan Natives that, as determined by the Secretary of the Interior, are eligible for services generally available to Indians under Federal laws specifically applicable to Indians.

``(B) Areas.--The areas referred to in subparagraph (A) are--

``(i) an Indian reservation;

``(ii) Indian trust land or restricted Indian land that is not subject to fee title alienation without the approval of the Federal Government; and

``(iii) an Indian or Alaska Native village, group, or community.

``(14) Interstate system.--The term `Interstate System' means the Dwight D. Eisenhower National System of Interstate and Defense Highways described in section 103(c).

``(15) Maintenance.--

``(A) In general.--The term `maintenance' means the preservation of a highway.

``(B) Inclusions.--The term `maintenance' includes the preservation of--

``(i) the surface, shoulders, roadsides, and structures of a highway; and

``(ii) such traffic-control devices as are necessary for safe, secure, and efficient use of a highway.

``(16) Maintenance area.--The term `maintenance area' means an area that was designated as a nonattainment area, but was later redesignated by the Administrator of the Environmental Protection Agency as an attainment area, under section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)).

``(17) National forest system road or trail.--The term

`National Forest System road or trail' means a forest road or trail that is under the jurisdiction of the Forest Service.

``(18) National highway system.--The term `National Highway System' means the Federal-aid highway system described in section 103(b).

``(19) Operating costs for traffic monitoring, management, and control.--The term `operating costs for traffic monitoring, management, and control' includes--

``(A) labor costs;

``(B) administrative costs;

``(C) costs of utilities and rent;

``(D) costs incurred by transportation agencies for technology to monitor critical transportation infrastructure for security purposes; and

``(E) other costs associated with transportation systems management and operations and the continuous operation of traffic control, such as--

``(i) an integrated traffic control system;

``(ii) an incident management program; and

``(iii) a traffic control center.

``(20) Operational improvement.--

``(A) In general.--The term `operational improvement' means--

``(i) a capital improvement for installation or implementation of--

``(I) a transportation system management and operations program;

``(II) traffic and transportation security surveillance and control equipment;

``(III) a computerized signal system;

``(IV) a motorist information system;

``(V) an integrated traffic control system;

``(VI) an incident management program;

``(VII) equipment and programs for transportation response to manmade and natural disasters; or

``(VIII) a transportation demand management facility, strategy, or program; and

``(ii) such other capital improvements to a public road as the Secretary may designate by regulation.

``(B) Exclusions.--The term `operational improvement' does not include--

``(i) a resurfacing, restorative, or rehabilitative improvement;

``(ii) construction of an additional lane, interchange, or grade separation; or

``(iii) construction of a new facility on a new location.

``(21) Park road.--The term `park road' means a public road

(including a bridge built primarily for pedestrian use, but with capacity for use by emergency vehicles) that is located within, or provides access to, an area in the National Park System with title and maintenance responsibilities vested in the United States.

``(22) Parkway.--The term `parkway' means a parkway authorized by an Act of Congress on land to which title is vested in the United States.

``(23) Project.--The term `project' means--

``(A)(i) an undertaking to construct a particular portion of a highway; or

``(ii) if the context so implies, a particular portion of a highway so constructed; and

``(B) any other undertaking eligible for assistance under this title.

``(24) Project agreement.--The term `project agreement' means the formal instrument to be executed by the Secretary and recipient of funds under this title.

``(25) Public authority.--The term `public authority' means a Federal, State, county, town, or township, Indian tribe, municipal or other local government or instrumentality with authority to finance, build, operate, or maintain toll or toll-free facilities.

``(26) Public forest service road.--The term `public Forest Service road' means a classified forest road--

``(A) that is open to public travel;

``(B) for which title and maintenance responsibility is vested in the Federal Government; and

``(C) that has been designated a public road by the Forest Service.

``(27) Public lands development roads and trails.--The term

`public lands development roads and trails' means roads and trails that the Secretary of the Interior determines are of primary importance for the development, protection, administration, and use of public lands and resources under the control of the Secretary of the Interior.

``(28) Public lands highway.--The term `public lands highway' means--

``(A) a forest road that is--

``(i) under the jurisdiction of, and maintained by, a public authority; and

``(ii) open to public travel; and

``(B) any highway through unappropriated or unreserved public land, nontaxable Indian land, or any other Federal reservation (including a main highway through such land or reservation that is on the Federal-aid system) that is--

``(i) under the jurisdiction of, and maintained by, a public authority; and

``(ii) open to public travel.

``(29) Public road.--The term `public road' means any road or street that is--

``(A) under the jurisdiction of, and maintained by, a public authority; and

``(B) open to public travel.

``(30) Recreational road.--The term `recreational road' means a public road--

``(A) that provides access to a museum, lake, reservoir, visitors center, gateway to a major wilderness area, public use area, or recreational or historic site; and

``(B) for which title is vested in the Federal Government.

``(31) Refuge road.--The term `refuge road' means a public road--

``(A) that provides access to or within a unit of the National Wildlife Refuge System or a national fish hatchery; and

``(B) for which title and maintenance responsibility is vested in the United States Government.

``(32) Rural area.--The term `rural area' means an area of a State that is not included in an urban area.

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

``(34) State.--The term `State' means--

``(A) a State;

``(B) the District of Columbia; and

``(C) the Commonwealth of Puerto Rico.

``(35) State funds.--The term `State funds' includes funds that are--

``(A) raised under the authority of the State (or any political or other subdivision of a State); and

``(B) made available for expenditure under the direct control of the State transportation department.

``(36) State transportation department.--The term `State transportation department' means the department, agency, commission, board, or official of any State charged by the laws of the State with the responsibility for highway construction.

``(37) Territorial highway system.--The term `territorial highway system' means the system of arterial highways, collector roads, and necessary interisland connectors in American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the United States Virgin Islands that have been designated by the appropriate Governor or chief executive officer of a territory, and approved by the Secretary, in accordance with section 215.

``(38) Transportation enhancement activity.--The term

`transportation enhancement activity' means, with respect to any project or the area to be served by the project, any of the following activities as the activities relate to surface transportation:

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

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

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

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

``(E) Landscaping and other scenic beautification.

``(F) Historic preservation.

``(G) Rehabilitation and operation of historic transportation buildings, structures, or facilities

(including historic railroad facilities and canals).

``(H) Preservation of abandoned railway corridors

(including the conversion and use of the corridors for pedestrian or bicycle trails).

``(I) Control and removal of outdoor advertising.

``(J) Archaeological planning and research.

``(K) Environmental mitigation--

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

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

``(L) Establishment of transportation museums.

``(39) Transportation systems management and operations.--

``(A) In general.--The term `transportation systems management and operations' means an integrated program to optimize the performance of existing infrastructure through the implementation of multimodal and intermodal, cross-jurisdictional systems, services, and projects designed to preserve capacity and improve security, safety, and reliability of the transportation system.

``(B) Inclusions.--The term `transportation systems management and operations' includes--

``(i) regional operations collaboration and coordination activities between transportation and public safety agencies; and

``(ii) improvements to the transportation system such as traffic detection and surveillance, arterial management, freeway management, demand management, work zone management, emergency management, electronic toll collection, automated enforcement, traffic incident management, roadway weather management, traveler information services, commercial vehicle operations, traffic control, freight management, and coordination of highway, rail, transit, bicycle, and pedestrian operations.

``(40) Urban area.--The term `urban area' means--

``(A) an urbanized area (or, in the case of an urbanized area encompassing more than 1 State, the portion of the urbanized area in each State); and

``(B) an urban place designated by the Bureau of the Census that--

``(i) has a population of 5,000 or more;

``(ii) is not located within any urbanized area; and

``(iii) is located within boundaries that--

``(I) are fixed cooperatively by responsible State and local officials, subject to approval by the Secretary; and

``(II) encompass, at a minimum, the entire urban place designated by the Bureau of the Census (except in the case of cities in the State of Maine and in the State of New Hampshire).

``(41) Urbanized area.--The term `urbanized area' means an area that--

``(A) has a population of 50,000 or more;

``(B) is designated by the Bureau of the Census; and

``(C) is located within boundaries that--

``(i) are fixed cooperatively by responsible State and local officials, subject to approval by the Secretary; and

``(ii) encompass, at a minimum, the entire urbanized area within a State as designated by the Bureau of the Census.''.

TITLE I--FEDERAL-AID HIGHWAYS

Subtitle A--Funding

SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.

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

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

(A) $6,017,113,333 for fiscal year 2005;

(B) $6,258,525,160 for fiscal year 2006;

(D) $6,589,235,166 for fiscal year 2008; and

(E) $6,685,150,152 for fiscal year 2009.

(2) National highway system.--For the National Highway System under section 103 of that title--

(A) $7,316,858,660 for fiscal year 2005;

(B) $7,606,591,948 for fiscal year 2006;

(D) $8,007,988,062 for fiscal year 2008; and

(E) $8,124,348,085 for fiscal year 2009.

(3) Bridge program.--For the bridge program under section 144 of that title--

(A) $5,171,723,801 for fiscal year 2005;

(B) $5,365,009,649 for fiscal year 2006;

(D) $5,647,754,080 for fiscal year 2008; and

(E) $5,729,786,635 for fiscal year 2009.

(4) Surface transportation program.--For the surface transportation program under section 133 of that title--

(A) $7,588,497,988 for fiscal year 2005;

(B) $7,878,361,598 for fiscal year 2006;

(D) $8,294,904,735 for fiscal year 2008; and

(E) $8,415,808,100 for fiscal year 2009.

(5) Congestion mitigation and air quality improvement program.--For the congestion mitigation and air quality improvement program under section 149 of that title--

(A) $2,051,899,502 for fiscal year 2005;

(B) $2,124,435,995 for fiscal year 2006;

(D) $2,236,776,417 for fiscal year 2008; and

(E) $2,269,463,235 for fiscal year 2009.

(6) Highway safety improvement program.--For the highway safety improvement program under section 148 of that title--

(A) $1,253,007,425 for fiscal year 2005;

(D) $1,305,007,731 for fiscal year 2007;

(E) $1,369,468,771 for fiscal year 2008; and

(F) $1,389,408,993 for fiscal year 2009.

(7) Appalachian development highway system program.--For the Appalachian development highway system program under section 170 of that title, $552,048,803 for each of fiscal years 2005 through 2009.

(8) Recreational trails program.--For the recreational trails program under section 206 of that title, $56,140,557 for each of fiscal years 2005 through 2009.

(9) Federal lands highways program.--

(A) Indian reservation roads.--For Indian reservation roads under section 204 of that title--

(i) $305,054,403 for fiscal year 2005;

(ii) $328,520,126 for fiscal year 2006;

(iii) $351,985,849 for fiscal year 2007;

(iv) $375,451,572 for fiscal year 2008; and

(v) $398,917,296 for fiscal year 2009.

(B) Recreation roads.--For recreation roads under section 204 of that title, $46,931,447 for each of fiscal years 2005 through 2009.

(i) $290,974,969 for fiscal year 2005; and

(ii) $300,361,258 for each of fiscal years 2006 through 2009.

(D) Refuge roads.--For refuge roads under section 204 of that title, $29,158,868 for each of fiscal years 2005 through 2009.

(E) Public lands highways.--For Federal lands highways under section 204 of that title, $281,588,679 for each of fiscal years 2005 through 2009.

(F) Safety.--For safety under section 204 of that title,

$37,545,157 for each of fiscal years 2005 through 2009.

(10) Multistate corridor program.--For the multistate corridor program under section 171 of that title--

(A) $124,987,840 for fiscal year 2005;

(B) $145,819,146 for fiscal year 2006;

(D) $187,481,760 for fiscal year 2008; and

(E) $208,313,066 for fiscal year 2009.

(11) Border planning, operations, and technology program.--For the border planning, operations, and technology program under section 172 of that title--

(A) $124,987,840 for fiscal year 2005;

(B) $145,819,146 for fiscal year 2006;

(D) $187,481,760 for fiscal year 2008; and

(E) $208,313,066 for fiscal year 2009.

(12) National scenic byways program.--For the national scenic byways program under section 162 of that title--

(A) $32,852,013 for fiscal year 2005;

(B) $33,790,642 for fiscal year 2006;

(D) $36,606,528 for each of fiscal years 2008 and 2009.

(13) Infrastructure performance and maintenance program.--For carrying out the infrastructure performance and maintenance program under section 139 of that title $0 for fiscal year 2004.

(14) Construction of ferry boats and ferry terminal facilities.--For construction of ferry boats and ferry terminal facilities under section 147 of that title,

$56,916,300 for each of fiscal years 2005 through 2009.

(15) Commonwealth of puerto rico highway program.--For the Commonwealth of Puerto Rico highway program under section 173 of that title--

(A) $136,101,195 for fiscal year 2005;

(B) $139,855,711 for fiscal year 2006;

(D) $150,180,629 for fiscal year 2008; and

(E) $152,996,516 for fiscal year 2009.

(16) Public-private partnerships pilot program.--For the public-private partnerships pilot program under section 109(c)(3) of that title, $9,386,289 for each of fiscal years 2005 through 2009.

(17) Denali access system.--For the Denali Access System under section 309 of the Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105-277), $28,158,868 for each of fiscal years 2005 through 2009.

(18) Delta region transportation development program.--For planning and construction activities authorized under the Delta Regional Authority, $75,090,314 for each of fiscal years 2005 through 2009.

(19) Intermodal passenger facilities.--For intermodal passenger facilities under subchapter III of chapter 55 of title 49, United States Code, $9,386,289 for each of fiscal years 2005 through 2009.

SEC. 1102. OBLIGATION CEILING.

(a) General Limitation.--Subject to subsections (g) and

(h), and notwithstanding any other provision of law, the obligations for Federal-aid highway and highway safety construction programs shall not exceed--

(1) $34,263,000,000 for fiscal year 2005;

(2) $38,924,000,000 for fiscal year 2006;

(3) $39,352,000,000 for fiscal year 2007;

(4) $41,304,000,000 for fiscal year 2008; and

(5) $42,007,000,000 for fiscal year 2009.

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

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

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

(3) section 9 of the Federal-Aid Highway Act of 1981

(Public Law 97-134; 95 Stat. 1701);

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

(5) subsections (b) and (c) of section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 1987

(Public Law 100-17; 101 Stat. 198);

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

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

(8) section 105 of title 23, United States Code (as in effect for fiscal years 1998 through 2003, but only in an amount equal to $639,000,000 for each of those fiscal years);

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

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

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

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

(B) programs funded from the administrative takedown authorized by section 104(a)(1) of title 23, United States Code; and

(2) shall not distribute an amount of obligation authority provided by subsection (a) that is equal to the unobligated balance of amounts made available from the Highway Trust Fund

(other than the Mass Transit Account) for Federal-aid highway and highway safety programs for previous fiscal years the funds for which are allocated by the Secretary;

(3) shall determine the ratio that--

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

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

(4) shall distribute the obligation authority provided by subsection (a) less the aggregate amounts not distributed under paragraphs (1) and (2), for section 14501 of title 40, United States Code, so that the amount of obligation authority available for that section is equal to the amount determined by multiplying--

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(B) title II of this Act.

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

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

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

(f) Redistribution of Certain Authorized Funds.--

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

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

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

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

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

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

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

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

(h) Adjustment in Obligation Limit.--

(1) In general.--A limitation on obligations imposed by subsection (a) for a fiscal year shall be adjusted by an amount equal to the amount determined in accordance with section 251(b)(1)(B) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(1)(B)) for the fiscal year.

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

(i) 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) $436,462,453 for fiscal year 2005;

(2) $450,541,887 for fiscal year 2006;

(3) $464,621,321 for fiscal year 2007;

(4) $478,700,755 for fiscal year 2008; and

(5) $492,780,189 for fiscal year 2009.

(j) National Highway System Component.--Section 104(b)(1) of title 23, United States Code, is amended by striking

``$36,400,000'' and insert ``$46,931,447''.

SEC. 1103. APPORTIONMENTS.

(a) Administrative Expenses.--

(1) In general.--Section 104 of title 23, United States Code, is amended by striking subsection (a) and inserting the following:

``(a) Administrative Expenses.--

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

``(A) $436,462,453 for fiscal year 2005;

``(B) $450,541,887 for fiscal year 2006;

``(C) $464,621,321 for fiscal year 2007;

``(D) $478,700,755 for fiscal year 2008; and

``(E) $492,780,189 for fiscal year 2009.

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

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

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

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

(2) Conforming amendments.--Section 104 of title 23, United States Code, is amended--

(A) in the matter preceding paragraph (1) of subsection

(b), by striking ``the deduction authorized by subsection (a) and'';

(B) in the first sentence of subsection (e)(1), by striking

``, and also'' and all that follows through ``this section''; and

(b) Metropolitan Planning.--Section 104(f) of title 23, United States Code, is amended--

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

``(1) Set-aside.--On October 1 of each fiscal year, the Secretary shall set aside 1.5 percent of the funds authorized to be appropriated for the Interstate maintenance, national highway system, surface transportation, congestion mitigation and air quality improvement, highway safety improvement, and highway bridge programs authorized under this title to carry out the requirements of section 134.'';

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

(3) in paragraph (3)--

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

``(A) In general.--The funds''; and

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

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

(4) by adding at the end the following:

``(6) Federal share.--Funds apportioned to a State under this subsection shall be matched in accordance with section 120(b) unless the Secretary determines that the interests of the Federal-aid highway program would be best served without the match.''.

(c) Alaska Highway.--Section 104(b)(1)(A) of title 23, United States Code, is amended by striking ``1998 through 2002'' and inserting ``2005 through 2009''.

SEC. 1104. EQUITY BONUS PROGRAM.

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

``Sec. 105. Equity bonus program

``(a) Program.--

``(1) In general.--Subject to subsections (c) and (d), for each of fiscal years 2005 through 2009, the Secretary shall allocate among the States amounts sufficient to ensure that no State receives a percentage of the total apportionments for the fiscal year for the programs specified in paragraph

(2) that is less than the percentage calculated under subsection (b).

``(2) Specific programs.--The programs referred to in subsection (a) are--

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

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

``(C) the bridge program under section 144;

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

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

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

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

(other than planning programs funded by amounts provided under the equity bonus program under this section);

``(H) the infrastructure performance and maintenance program under section 139;

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

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

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

``(L) the safe routes to schools program under section 150;

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

``(N) the border planning, operations, technology, and capacity program under section 172.

``(b) State Percentage.--

``(1) In general.--The percentage referred to in subsection

(a) for each State shall be--

``(A) 92 percent of the quotient obtained by dividing--

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

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

``(B) for a State with a total population density of less than 20 persons per square mile, as reported in the decennial census conducted by the Federal Government in 2000, a total population of less than 1,000,000, as reported in that decennial census, a median household income of less than

$35,000, as reported in that decennial census, or a State with a fatality rate during 2002 on Interstate highways that is greater than 1 fatality for each 100,000,000 vehicle miles traveled on Interstate highways, the greater of--

``(i) the percentage under paragraph (1); or

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

``(2) Specific programs.--The programs referred to in paragraph (1)(B)(ii) are (as in effect on the day before the date of enactment of the Safe, Accountable, Flexible, and Efficient Transportation Equity Act of 2005)--

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

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

``(C) the bridge program under section 144;

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

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

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

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

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

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

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

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

``(c) Special Rules.--

``(1) Minimum combined allocation.--For each fiscal year, before making the allocations under subsection (a)(1), the Secretary shall allocate among the States amounts sufficient to ensure that no State receives a combined total of amounts allocated under subsection (a)(1), apportionments for the programs specified in subsection (a)(2), and amounts allocated under this subsection, that is less than 115 percent of the average for fiscal years 1998 through 2003 of the annual apportionments for the State for all programs specified in subsection (b)(2).

``(2) No negative adjustment.--Notwithstanding subsection

(d), no negative adjustment shall be made under subsection

(a)(1) to the apportionment of any State.

``(3) Minimum share of tax payments.--

``(A) In general.--Notwithstanding subsection (d), for each fiscal year, the Secretary shall allocate among the States amounts sufficient to ensure that no State receives a percentage of apportionments for the fiscal year for the programs specified in subsection (a)(2) that is less than the percentage specified in subparagraph (B) of the percentage share of the State of estimated tax payments attributable to highway users in the State paid into the Highway Trust Fund

(other than the Mass Transit Account) in the most recent fiscal year for which data are available.

``(B) Percentages.--The percentages referred to in subparagraph (A) are--

``(i) for fiscal year 2005, 90.5 percent;

``(ii) for each of fiscal years 2006 through 2008, 91 percent; and

``(iii) for fiscal year 2009, 92 percent.

``(d) Limitation on Adjustments.--

``(1) In general.--Except as provided in paragraphs (2) and

(3) of subsection (c), no State shall receive, for any fiscal year, additional amounts under subsection (a)(1) if--

``(A) the total apportionments of the State for the fiscal year for the programs specified in subsection (a)(2); exceed

``(B) the percentage of the average, for the period of fiscal years 1998 through 2003, of the annual apportionments of the State for all programs specified in subsection (b)(2), as specified in paragraph (2).

``(2) Percentages.--The percentages referred to in paragraph (1)(B) are--

``(A) for fiscal year 2005, 124 percent;

``(B) for fiscal year 2006, 128 percent;

``(C) for fiscal year 2007, 131 percent;

``(D) for fiscal year 2008, 137 percent; and

``(E) for fiscal year 2009, 250 percent.

``(e) Programmatic Distribution of Funds.--The Secretary shall apportion the amounts made available under this section so that the amount apportioned to each State under this section for each program referred to in subparagraphs (A) through (G) of subsection (a)(2) is equal to the amount determined by multiplying the amount to be apportioned under this section by the proportion that--

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

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

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

``(g) Authorization of Appropriations.--There are authorized to be appropriated from the Highway Trust Fund

(other than the Mass Transit Account) such sums as are necessary to carry out this section for each of fiscal years 2005 through 2009.''.

(b) Conforming Amendment.--The analysis for subchapter I of chapter 1 of title 23, United States Code, is amended by striking the item relating to section 105 and inserting the following:

``105. Equity bonus program.''

SEC. 1105. REVENUE ALIGNED BUDGET AUTHORITY.

Section 110 of title 23, United States Code, is amended--

(1) in subsection (a)--

(A) in paragraphs (1) and (2), by striking ``2000'' and inserting ``2006'';

(B) in paragraph (1), by inserting ``(as in effect on September 30, 2002)'' after ``(2 U.S.C. 901(b)(2)(B)(ii)(I)(cc))''; and

(i) by striking ``If the amount'' and inserting the following:

``(A) In general.--Except as provided in subparagraph (B), if the amount'';

(ii) by inserting ``(as in effect on September 30, 2002)'' after ``(2 U.S.C. 901(b)(1)(B)(ii)(I)(cc)'';

(iii) by striking ``the succeeding'' and inserting

``that'';

(iv) by striking ``and the motor carrier safety grant program''; and

(v) by adding at the end the following:

``(B) Limitation.--No reduction under subparagraph (A) shall be made for a fiscal year if, as of October 1 of the fiscal year, the cash balance in the Highway Trust Fund

(other than the Mass Transit Account) exceeds

$6,000,000,000.'';

(2) in subsection (b)(1), by striking subparagraph (A) and inserting the following:

``(A) the sums authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) for each of the Federal-aid highway and highway safety construction programs (other than the equity bonus program) and for which funds are allocated from the Highway Trust Fund by the Secretary under this title and the Safe, Accountable, Flexible, and Efficient Transportation Equity Act of 2005; bears to'';

(3) in subsection (c), by inserting ``the highway safety improvement program,'' after ``the surface transportation program,''; and

(4) by striking subsections (e), (f), and (g).

Subtitle B--New Programs

SEC. 1201. INFRASTRUCTURE PERFORMANCE AND MAINTENANCE

PROGRAM.

(a) In General.--Subchapter I of chapter 1 of title 23, United States Code, is amended by inserting after section 138 the following:

``Sec. 139. Infrastructure performance and maintenance program

``(a) Establishment.--The Secretary shall establish and implement an infrastructure performance and maintenance program in accordance with this section.

``(b) Eligible Projects.--A State may obligate funds allocated to the State under this section only for projects eligible under the Interstate maintenance program under section 119, the National Highway System program under section 103, the surface transportation program under section 133, the highway safety improvement program under section 148, the highway bridge program under section 144, and the congestion mitigation and air quality improvement program under section 149 that will--

``(1) preserve, maintain, or otherwise extend, in a cost-effective manner, the useful life of existing highway infrastructure elements and hurricane evacuation routes on the Federal-aid system; or

``(2) provide operational improvements (including traffic management and intelligent transportation system strategies and limited capacity enhancements) at points of recurring highway congestion or through transportation systemic changes to manage or ameliorate congestion.

``(c) Period of Availability.--

``(1) Obligation within 180 days.--

``(A) In general.--Funds allocated to a State under this section shall be obligated by the State not later than 180 days after the date of apportionment.

``(B) Unobligated funds.--Any amounts that remain unobligated at the end of that period shall be allocated in accordance with subsection (d).

``(2) Obligation by end of fiscal year.--

``(A) In general.--All funds allocated or reallocated under this section shall remain available for obligation until the last day of the fiscal year for which the funds are apportioned.

``(B) Unobligated funds.--Any amounts allocated that remain unobligated at the end of the fiscal year shall lapse.

``(d) Redistribution of Allocated Funds and Obligation Authority.--

``(1) In general.--On the date that is 180 days after the date of allocation, or as soon thereafter as practicable, for each fiscal year, the Secretary shall--

``(A) withdraw--

``(i) any funds allocated to a State under this section that remain unobligated; and

``(ii) an equal amount of obligation authority provided for the use of the funds in accordance with section 1101(13) of the Safe, Accountable, Flexible, and Efficient Transportation Equity Act of 2005; and

``(B) reallocate the funds and redistribute the obligation authority to those States that--

``(i) have fully obligated all amounts allocated under this section for the fiscal year; and

``(ii) demonstrate that the State is able to obligate additional amounts for projects eligible under this section before the end of the fiscal year.

``(2) Equity bonus.--The calculation and distribution of funds under section 105 shall be adjusted as a result of the allocation of funds under this subsection.

``(e) Federal Share Payable.--The Federal share payable for a project funded under this section shall be determined in accordance with section 120.''.

(b) Conforming Amendment.--The analysis for chapter 1 of title 23, United States Code, is amended by adding after the item relating to section 138 the following:

``139. Infrastructure performance and maintenance program.''.

SEC. 1202. FUTURE OF SURFACE TRANSPORTATION SYSTEM.

(a) Declaration of Policy.--Section 101 of title 23, United States Code, is amended--

(1) by striking ``(b) It is hereby declared to be'' and inserting the following:

``(b) Declaration of Policy.--

``(1) Acceleration of construction of federal-aid highway systems.--Congress declares that it is'';

(2) in the second paragraph, by striking ``It is hereby declared'' and inserting the following:

``(2) Completion of interstate system.--Congress declares''; and

(3) by striking the last paragraph and inserting the following:

``(3) Transportation needs of 21st century.--Congress declares that--

``(A) it is in the national interest to preserve and enhance the surface transportation system to meet the needs of the United States for the 21st Century;

``(B) the current urban and long distance personal travel and freight movement demands have surpassed the original forecasts and travel demand patterns are expected to change;

``(C) continued planning for and investment in surface transportation is critical to ensure the surface transportation system adequately meets the changing travel demands of the future;

``(D) among the foremost needs that the surface transportation system must meet to provide for a strong and vigorous national economy are safe, efficient, and reliable--

``(i) national and interregional personal mobility

(including personal mobility in rural and urban areas) and reduced congestion;

``(ii) flow of interstate and international commerce and freight transportation; and

``(iii) travel movements essential for national security;

``(E) special emphasis should be devoted to providing safe and efficient access for the type and size of commercial and military vehicles that access designated National Highway System intermodal freight terminals;

``(F) it is in the national interest to seek ways to eliminate barriers to transportation investment created by the current modal structure of transportation financing;

``(G) the connection between land use and infrastructure is significant;

``(H) transportation should play a significant role in promoting economic growth, improving the environment, and sustaining the quality of life; and

``(I) the Secretary should take appropriate actions to preserve and enhance the Interstate System to meet the needs of the 21st Century.''.

(b) National Surface Transportation Policy Study Commission.--

(1) Establishment.--There is established a commission to be known as the ``National Surface Transportation Policy Study Commission'' (referred to in this subsection as the

``Commission'').