S.1072 - Safe, Accountable, Flexible, and Efficient Transportation Equity Act of 2004108th Congress (2003-2004)
Summary: S.1072 — 108th Congress (2003-2004)
Passed Senate amended (02/12/2004)
Safe, Accountable, Flexible, and Efficient Transportation Equity Act of 2004 - Title I: Federal-Aid Highways - Subtitle A: Funding - (Sec. 1101) Authorizes appropriations out of the Highway Trust Fund (other than the Mass Transit Account ) (HTF) through FY 2009 for the Interstate Maintenance Program, the National Highway System (NHS), the Bridge Program, the Surface Transportation Program (STP), the Congestion Mitigation and Air Quality Improvement (CMAQ) Program, the Appalachian Development Highway System Program, the Recreational Trails Program, the Federal Lands Highways Program, the Multistate Corridor Program, the Border Planning, Operations, and Technology Program, the National Scenic Byways Program, Construction of Ferry Boats and Ferry Terminal Facilities, the Puerto Rico Highway Program, the Public-Private Partnerships Pilot Program, the Denali Access System, and the Delta Region Transportation Development Program. Authorizes appropriations for FY 2004 for the Infrastructure Performance and Maintenance Program.
(Sec. 1102) Sets forth ceiling obligations through FY 2009 for: (1) Federal-aid highway and highway safety construction programs, with specified exceptions; (2) contract authority for certain transportation research programs; and (3) administrative expenses to carry out certain Federal-aid highway programs.
Sets forth certain requirements for distribution (including in certain cases denial of distribution) of the obligation limitation for Federal-aid highway amounts for specified Federal highway programs, including certain transportation research programs. Provides for the redistribution of any unused obligation limitation on Federal-aid Highways amounts (including certain authorized funds) to the States. Increases the apportionment of Federal-aid highway funds for each fiscal year for the National Highway System to the Virgin Islands, Guam, American Samoa, and the Commonwealth of Northern Mariana Islands.
(Sec. 1103) Modifies the amounts authorized for administrative expenses of the Federal Highway Administration (FHA) and the Appalachian Regional Commission in administering specified Federal-aid highway programs through FY 2009. Increases the set-aside of Federal-aid highway funds for metropolitan planning to 1.5 percent. Reauthorizes appropriations for the Alaska Highway through FY 2009.
(Sec. 1104) Revises Federal highway funding minimum guarantee provisions to establish the Equity Bonus Program (effectively replacing the Minimum Guarantee Program). Requires the Secretary of Transportation (Secretary), for each of FY 2004 through 2009, to allocate among the States amounts sufficient to ensure that no State: (1) receives a percentage of the total apportionments for the fiscal year for specified Federal-aid highway programs that is less than a specified formulated percentage; (2) before making the allocations, receives a combined total of such allocated amounts, apportionments for specified Federal-aid highway programs, and amounts allocated under this section, that is less than 110 percent of the average for FY 1998 through 2003 of the annual apportionments for the State for certain Federal-aid highway programs; and (3) receives a percentage of apportionments for the fiscal year for specified Federal-aid highway programs that is less than 90.5 percent of the percentage share of the State of estimated tax payments attributable to highway users in the State paid into the HTF in the most recent fiscal year for which data are available. Prohibits metropolitan planning set-aside requirements from applying to such State allocations. Authorizes appropriations from the HTF for FY 2004 through FY 2009.
(Sec. 1105) Changes the calculation of Revenue Aligned Budget Authority (RABA). Continues the RABA for FY 2006 and each fiscal year thereafter.
Subtitle B: New Programs - (Sec. 1201) Directs the Secretary to establish and implement an infrastructure performance and maintenance program under which a State may obligate funds allocated to the State only for projects eligible under the Interstate Maintenance Program, the NHS Program, the STP, the Highway Safety Improvement Program, the Highway Bridge Program, and the Congestion Mitigation and Air Quality Improvement Program, that will: (1) preserve, maintain, or otherwise extend, in a cost-effective manner, the useful life of existing highway infrastructure elements; or (2) provide operational improvements (including traffic management and Intelligent Transportation System strategies and limited capacity enhancements) at points of recurring highway congestion.
Makes specified funds available for obligation without further appropriation. Directs that funds allocated to a State be obligated within 180 days after the apportionment date. Provides for the redistribution of unallocated funds.
(Sec. 1202) Directs the Secretary to: (1) conduct a complete investigation and study of the current condition and future needs of the U.S. surface transportation system; and (2) develop a conceptual plan, with alternative approaches, for the future. Describes specific issues to be addressed, including the current condition and performance of the Interstate System, and requires the study to be made available to specified congressional committees and to the public.
(Sec. 1203) Directs the Secretary to establish a freight transportation gateways program to improve productivity, security, and safety of freight transportation gateways, while mitigating congestion and community impacts. Requires each State to: (1) ensure that intermodal freight transportation, trade facilitation, and economic development needs are adequately considered and fully integrated into the project development process; and (2) designate a freight transportation coordinator. Encourages States and localities to adopt innovative financing strategies for freight transportation gateway improvements.
Authorizes a State to obligate funds apportioned to it for publicly-owned intermodal freight transportation projects that provide community and highway benefits by addressing economic, congestion, system reliability, security, safety, or environmental issues associated with freight transportation gateways. Lists eligible projects. Provides for a 90 percent Federal cost share for projects supporting an NHS intermodal freight connection or strategic highway network connector to a strategic military deployment port. Directs States with respect to certain Federal vehicle length limitations to update the list of Federal-aid system highways to which they shall apply to include: (1) strategic highway network connectors to strategic military deployment ports; and (2) NHS intermodal freight connections serving military and commercial truck traffic going to major intermodal terminals.
(Sec. 1204) Replaces provisions regarding priority primary routes with a requirement that the Secretary carry out a program for construction of ferry boats and ferry terminal and maintenance facilities, at an 80 percent Federal cost share. Directs the Secretary to give priority in the allocation of Federal-aid highway funds to ferry systems, and public entities responsible for developing ferries, that: (1) carry the greatest number of passengers and vehicles; (2) carry the greatest number of passengers in passenger-only service; or (3) provide critical access to areas that are not well-served by other modes of surface transportation. Authorizes appropriations from the HTF (other than the Mass Transit Account) for each fiscal year.
(Sec. 1205) Designates Interstate Highway 86 in New York State, extending from the Pennsylvania border near Lake Erie through Orange County, as the Daniel Patrick Moynihan Interstate Highway.
(Sec. 1206) Directs the Administrator of the FHA to collect, and report annually to Congress on, any bid price data that is necessary to make State-by-State comparisons of highway construction costs.
Subtitle C: Finance - (Sec. 1301) Modifies provisions regarding determination of the Federal share and increased Federal share applicable to certain Federal-aid highway projects. Authorizes a State to determine a lower Federal share that is otherwise applicable to such projects. Authorizes the Federal share to be increased for projects and activities in each State in which is located nontaxable Indian land, public land (reserved or unreserved), a national forest, or a national park and monument.
Provides that the Federal share for such States shall be increased by a percentage of the remaining cost that is equal to the percentage that the area of all such land in a State bears to the total area of the State, but does not exceed 95 percent of the total cost. Directs the Secretary to adjust the Federal share for such States as necessary, based on data provided by the Federal agencies that are responsible for maintaining the data.
(Sec. 1302) Authorizes the transfer of: (1) transit funds or transportation planning for highway projects (subject to a limitation), and highway funds or transportation planning for transit projects; (2) funds that are derived from the HTF to another Federal agency under specified circumstances, such as if a State transportation department consents to the transfer of funds; and (3) funds apportioned or allocated to the State to another State, or to the Federal Highway Administration, at the request of a State, for the purpose of funding one or more specific projects.
(Sec. 1303) Amends the Transportation Infrastructure Finance and Innovation Act (TIFIA) to expand the scope of projects eligible for TIFIA assistance. Allows a group of related projects to be eligible (each of which individually might not meet the threshold requirements to apply for TIFIA credit assistance). Lowers the threshold for eligible projects to $50 million. Allows a project to be eligible when project costs are anticipated to equal or exceed 20 percent of the Federal highway funds apportioned to that State in the most recently completed fiscal year.
Provides that the amount of a secured loan shall not exceed the lesser of 33 percent of the reasonably anticipated eligible project costs or the amount of the senior project obligations. Excludes reasonably required financing reserves from interest, with respect to lines of credit.
Replaces provisions regarding project servicing with a requirement that the Secretary establish a uniform system to service Federal credit instruments. Authorizes the Secretary to: (1) establish fees at a level to cover all or a portion of the costs to the Government of servicing such instruments; (2) appoint a financial entity to assist the Secretary in servicing such instruments; and (3) retain the services of expert firms, including counsel, in the field of municipal and project finance to assist in the underwriting and servicing of such instruments.
Reauthorizes appropriations from the HTF through FY 2009, with a limit on administrative costs. Repeals a reporting requirement regarding the financial performance of projects or assistance received.
(Sec. 1304) Authorizes the Secretary to provide assistance to any State that is participating in the International Registration Plan and International Fuel Tax Agreement that serves as a base jurisdiction for motor carriers that are domiciled in Mexico, to assist with administrative costs.
(Sec. 1305) Establishes the National Commission on Future Revenue Sources to Support the Highway Trust Fund and Finance the Needs of the Surface Transportation System to study alternatives to replace or supplement the fuel tax as the principal revenue source to support the HTF. Authorizes appropriations from the HTF for FY 2004.
(Sec. 1306) Amends the Transportation Equity Act for the 21st Century (TEA-21) to extend the State infrastructure bank program to any State that seeks to establish such a bank.
(Sec. 1307) Authorizes the Secretary to undertake a pilot program to demonstrate the advantages of public-private partnerships for critical capital development projects, including highway, bridge, and freight intermodal connector projects.
(Sec. 1308) Amends the Internal Revenue Code to repeal provisions: (1) prohibiting a person from engaging in the business or trade of wagering until they have paid a special tax imposed on such wagering; (2) requiring such persons to register with the internal revenue district; and (3) regarding the disclosure of returns and return information with respect to special taxes imposed on wagering. Imposes a $10,000 penalty on persons who are involved in the sale of certain special fuels for which a tax is imposed and who fail to register with the Secretary.
Subtitle D: Safety - (Sec. 1401) Replaces provisions regarding the development of a national scenic and recreational highway with a Highway Safety Improvement Program (HSIP), aimed at achieving a significant reduction in traffic fatalities and serious injuries on public roads. Requires that, to receive funds, a State have in effect a State highway safety improvement program under which the State: (1) develops and implements a State strategic highway safety plan that identifies and analyzes highway safety problems and opportunities; (2) produces a program of projects or strategies to reduce identified safety problems; (3) evaluates the plan on a regular basis to ensure the accuracy of the data and priority of proposed improvements; and (4) submits to the Secretary an annual report that describes certain locations in the State as exhibiting the most severe safety needs and contains an assessment of potential remedies to the identified hazardous locations.
Includes among eligible projects any highway safety improvement project on a public road or publicly owned bicycle or pedestrian pathway or trail. Authorizes a State, to further the implementation of a State strategic highway safety plan, to use up to 25 percent of the amount of funds made available under this section for a fiscal year to carry out safety projects under any other section as provided in the State strategic highway safety plan.
Sets forth provisions regarding: (1) State reporting requirements; (2) the Federal share of highway safety improvement projects (90 percent); (3) a requirement that a State allocate a percentage of HSIP funds for bicycle and pedestrian improvements in the State in an amount that is equal to or greater than the percentage of all fatal crashes in the States involving bicyclists and pedestrians; (4) the authorization of appropriations for FY 2004 through 2009 for projects in all States to improve traffic signs and pavement markings consistent with certain FHA recommendations; (5) formulas for apportionment of HSIP funds; (6) an annual earmark of at least $200 million of such funds for the elimination of hazards and the installation of protective devices at railway-highway crossings; and (5) a requirement that the Secretary approve the obligation of HSIP funds to States that have developed and implemented a State strategic highway safety plan by October 1 of the second fiscal year after this Act's enactment date, with funds redistributed from non-complying States to other States.
(Sec. 1402) Increases funding for Operation Lifesaver and moves the source of funding to the HSIP.
(Sec. 1403) Defines "license suspension" as the suspension of all driving privileges (current law) of an individual for the duration of the suspension period, or a combination of suspension of all such privileges for the first 90 days, followed by reinstatement of limited driving privileges requiring the individual to operate only motor vehicles equipped with an ignition interlock system or other device approved by the Secretary during the remainder of the suspension period.
(Sec. 1404) Amends the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) to exempt any over-the-road bus, or any vehicle that is regularly and exclusively used as an intrastate public agency transit passenger bus, using the Dwight D. Eisenhower System of Interstate and Defense Highways from the maximum gross weight limitations imposed by any State.
(Sec. 1405) Directs the Secretary to establish and carry out a safe routes to school program for the benefit of children in primary and secondary schools to: (1) enable and encourage children to walk and bicycle to school; (2) encourage a healthy and active lifestyle by making walking and bicycling to school safer and more appealing transportation alternatives; and (3) facilitate the planning, development, and implementation of projects and activities that will improve safety in the vicinity of schools. Directs the Secretary, before apportioning HSIP funds for a fiscal year, to set aside and use $70 million to carry out this section. Sets the Federal cost share at 90 percent.
(Sec. 1406) Replaces a provision regarding a Hazard Elimination Program with a requirement that States carrying out projects purchase equipment only after completing and providing a written analysis demonstrating the cost savings associated with purchasing the equipment compared with renting the equipment from a qualified equipment rental provider. Limits requirement to certain equipment with a purchase price in excess of specified amounts.
(Sec. 1407) Amends the National Highway System Designation Act of 1995 to direct the Secretary, in carrying out the Work Zone Safety Program under ISTEA, to recommend that federally-assisted projects: (1) in excess of $15 million enter into contracts only with contractors that carry at least $15 million in general liability insurance, and include work zone intelligent transportation systems that are provided by a qualified vendor and monitored continuously; and (2) fully fund not less than five percent of project costs for work zone safety and temporary traffic control measures, in addition to the project cost, which shall be provided by a qualified work zone safety or traffic control provider. Requires such recommendations to provide for an exemption for applicability to a State, with respect to a project or class of projects, to the extent that the State notifies the Secretary in writing that safety is not expected to be adversely affected by nonapplication of the requirement to the project or class of projects.
(Sec. 1408) Directs the Secretary to promulgate regulations within a year to: (1) decrease the probability of worker injury; and (2) maintain the free flow of vehicular traffic by requiring workers whose duties place them on, or in close proximity to, a Federal-aid highway to wear high-visibility clothing.
(Sec. 1409) Directs the Secretary to promulgate regulations establishing minimum standards for State departments of motor vehicles regarding the use of information-based identity authentication to determine the identity of an applicant for a commercial driver's license, or the renewal, transfer or upgrading, of a commercial driver's license.
(Sec. 1410) Requires the Secretary to withhold a specified percentage of a State's Federal-aid highway program apportionment for a fiscal year if the State has not enacted a law that prohibits the possession of an open alcoholic beverage container, or the consumption of an alcoholic beverage, in the passenger area of a motor vehicle (including possession or consumption by the driver of the vehicle) on a public highway, or the right-of-way of a public highway, in the State.
Subtitle E: Environmental Planning and Review - Chapter 1: Transportation Planning - (Sec. 1501) Permits States and metropolitan planning organizations (MPOs) to consider, during the transportation planning process (after soliciting and considering public comments): (1) the protection of habitat, water quality, and agricultural and forest land, while minimizing invasive species; and (2) minimizing adverse health effects from mobile source air pollution, and promoting the linkage of the transportation and development goals of the metropolitan area.
(Sec. 1502) Requires States and MPOs to consult with agencies responsible for land use management, natural resources, environmental protection, conservation, and historic preservation, in developing long-range transportation plans. Requires that such plans identify transportation strategies necessary to efficiently serve the mobility needs of people and include discussions of: (1) types of potential habitat, hydrological, and environmental mitigation activities that may assist in compensating for loss of habitat, wetlands, and other environmental functions; and (2) potential areas to carry out these activities.
(Sec. 1503) Directs the Secretary to take into account two documents, "Flexibility in Highway Design" and "Eight Characteristics of Process to Yield Excellence and the Seven Qualities of Excellence in Transportation Design," in developing design criteria for the NHS.
(Sec. 1504) Modifies provisions regarding long-range transportation plans to direct States and MPOs to hold public meetings at convenient and accessible locations and times, employ visualization techniques to describe the plans, and make public information available in electronically accessible format, such as the World Wide Web.
(Sec. 1505) Modifies provisions regarding NHS and STP projects to permit obligation of NHS and STP funds for State habitat, streams, and wetlands mitigation efforts.
Replaces provisions regarding access highways to public recreation areas on certain lakes with a provision for State habitat, streams, and wetlands mitigation funds. Directs that: (1) amounts deposited in a State fund be used for habitat, streams, or wetlands mitigation related to one or more projects funded, including a project under the transportation improvement program of the State; and (2) a State and cooperating agency give consideration to mitigation projects, on-site or off-site, that restore and preserve the best available sites to conserve biodiversity and habitat for Federal or State listed threatened or endangered species of plants and animals, and plant or animal species warranting listing as threatened or endangered.
Permits contributions from the State fund to mitigation efforts to occur in advance of project construction only if the efforts are consistent with all applicable requirements of Federal law.
Chapter 2: Transportation Project Development Process - (Sec. 1511) Makes the Department of Transportation (DOT) the lead Federal agency in the environmental review process for a project. Authorizes a project sponsor to request that the lead agency carry out the environmental review process for a project or group of projects.
Grants the lead agency authority and responsibility to identify and invite cooperating agencies, develop an agency coordination plan with specified review, schedule, and timelines, determine the purpose and need for the project and the range of alternatives to be considered, convene dispute-avoidance and decision resolution meetings and related efforts, take such other actions as are necessary and proper within the lead agency's authority to facilitate the expeditious resolution of the environmental review process for the project, and prepare or ensure that any required environmental impact statement is completed in accordance with applicable Federal law. Sets forth provisions regarding roles and responsibilities of cooperating agencies, and the judicial review of agency action in U.S. district court or State court.
(Sec. 1512) Authorizes the Secretary to assign, and a State to assume, responsibility for determining whether certain designated activities are included within classes of action identified in regulation by the Secretary that are categorically excluded from requirements for environmental assessments. Directs the Secretary and the State to enter into a memorandum of understanding regarding such assumption of responsibility, subject to specified requirements and monitoring.
(Sec. 1513) Directs the Secretary to carry out a surface transportation project delivery pilot program, under which the Secretary may assign to a State (and the State may assume) specified responsibilities for environmental review or other action required under Federal environmental law pertaining to the review or approval of a specific project, with exceptions. Allows up to five States to participate. Sets forth application and public notice requirements, selection criteria, and audit and reporting requirements.
(Sec. 1514) Sets forth provisions providing that certain requirements calling for the preservation of parks, recreation areas, wildlife and waterfowl refuges, and historic sites with respect to the development of transportation plans and programs shall be satisfied with respect to those areas if the Secretary determines, based on specified criteria, that the transportation program or project will have a de minimis impact on the areas.
Directs the Secretary and the Transportation Research Board of the National Academy of Sciences to jointly conduct a study, and report the results to Congress and the public, on the implementation of the requirements in this section.
Chapter 3: Miscellaneous - (Sec. 1521) Authorizes a State to use apportioned funds to pay the costs of acquiring real property determined to be critical.
(Sec. 1522) Directs the Secretary to carry out a planning capacity building initiative to support enhancements in transportation planning to: (1) strengthen the processes and products of metropolitan and statewide transportation planning; (2) enhance tribal capacity to conduct joint transportation planning; (3) participate in the metropolitan and statewide transportation planning programs; and (4) increase the knowledge and skill level of participants in metropolitan and statewide transportation.
Directs the Secretary to give priority to planning practices and processes that support: (1) the transportation elements of homeland security planning; (2) performance-based planning; (3) safety planning; (4) operations planning; (5) freight planning; (6) air quality planning; and (7) integration of environment and planning.
Sets forth provisions regarding permissible uses of funds, a set-aside amount, and the Federal cost share.
Subtitle F: Environment - (Sec. 1601) Includes among eligible NHS projects: (1) environmental restoration and pollution abatement; and (2) control of invasive plant species and establishment of native species. Removes limitations on the former, and provides for the latter, under the STP. Allows environmental restoration and pollution abatement to minimize or mitigate the impacts of specified transportation projects to address water pollution or environmental degradation caused wholly or partially by a transportation facility. Makes funds available to control invasive plant species and to establish native species.
(Sec. 1602) Authorizes the Secretary to carry out technical assistance, marketing, market research, and promotion with respect to State Scenic Byways, National Scenic Byways, All-American Roads, and America's Byways.
(Sec. 1603) Modifies the recreational trails program (RTP) to include among permissible uses of program funds: (1) assessment of trail conditions for accessibility and maintenance; (2) use of trail crews, or youth conservation or service corps; and (3) development and dissemination of publications and operation of educational programs to promote safety and environmental protection, as related to the use of recreational trails, supporting non-law enforcement trail safety and trail use monitoring patrol programs, and providing trail-related training, but in an amount not to exceed five percent of the State's apportionment for the fiscal year. Allows a State to make available not less than ten percent of the apportionments of the State to provide grants to, or enter into cooperative agreements or contracts with, qualified youth conservation or service corps to perform RTP activities.
Allows projects funded to permit preapproval planning and environmental compliance costs incurred not more than 18 months before project approval to be credited toward the nonfederal share. Relieves RTP projects from specified requirements applicable to highway projects.
(Sec. 1604) Declares that the Interstate System shall not be considered a historic site.
(Sec. 1605) Requires the Secretary to ensure that the plans and specifications for each proposed highway project provide for a facility that will consider the preservation, historic, scenic, natural environmental, and community values.
Replaces provisions concerning phase construction with a requirement that the Secretary encourage States to design projects that: (1) allow for the preservation of environmental, scenic, or historic values; (2) ensure the safe use of the facility; (3) provide for consideration of the context of the locality; and (4) encourage access for other modes of transportation.
(Sec. 1606) Modifies provisions regarding high occupancy vehicle (HOV) lanes to require, for each State, that one or more responsible agencies establish the occupancy requirements of vehicles operating on such lanes. Requires, in the case of an HOC lane that traverses an adjacent State, that it be established in consultation with the adjacent State. Allows motorcycles to use HOV lanes unless a responsible agency: (1) certifies to the Secretary that the use of such lanes by motorcyclists would create a safety hazard; and (2) restricts such use.
Authorizes a responsible agency, subject to specified requirements, to permit the use of HOV lanes by vehicles that do not satisfy established occupancy requirements by: (1) qualifying low emission and energy-efficient vehicles; (2) vehicles if the agency charges those vehicles a toll; and (3) designated public transportation vehicles. Sets forth performance monitoring, evaluation, and reporting requirements.
(Sec. 1607) Modifies bicycle transportation and pedestrian walkway provisions to authorize the use of STP and congestion mitigation funds to carry out non-construction projects related to safe pedestrian use.
Directs the Secretary to select and make grants to a national, nonprofit organization engaged in promoting bicycle and pedestrian safety to: (1) operate a national bicycle and pedestrian clearinghouse; (2) develop information and educational programs regarding walking and bicycling; and (3) disseminate techniques and strategies for improving bicycle and pedestrian safety.
Sets aside $500,000 for each of FY 2004 through 2009 for use in carrying out the bicycle and pedestrian safety grant program.
(Sec. 1608) Authorizes a State to: (1) permit electrification or other idling reduction facilities and equipment for use by commercial motor vehicles to be placed in rest and recreation areas and in safety rest areas, constructed or located on rights-of-way of the Interstate System in the State, so long as those idling reduction measures do not reduce the existing number of designated truck parking spaces at any given rest or recreation area, or preclude the use of those spaces by trucks employing alternative idle reduction technologies; and (2) charge, or permit charges, for the use of those facilities.
(Sec. 1609) Amends TEA-21 to modify the Interstate System Reconstruction and Rehabilitation Pilot Program. Authorizes the Secretary to approve a State application only if the Secretary determines that the State's analysis showing that financing the reconstruction or rehabilitation of a facility with the collection of tolls under the pilot program is the most efficient, economical, or expeditious way to advance the project.
Directs the Secretary to permit a State, public authority, or a public or private entity designated by a State to collect a toll from motor vehicles at an eligible toll facility for any highway, bridge, or tunnel, including facilities on the Interstate System to manage high levels of congestion, to reduce emissions in a nonattainment area or maintenance area, or to finance the expansion of a highway to reduce traffic congestion. Requires toll revenues to be used by a State, public authority, or private entity designated by a State, for: (1) debt service for debt incurred on one or more highway or transit projects; (2) a reasonable return on investment of any private financing; (3) the costs necessary for proper operation and maintenance of such facilities; or (4) any other purpose relating to a highway or transit project if the toll facility is being adequately maintained.
Authorizes a toll facility to establish a variable toll that varies in price according to time of day or level of traffic to manage congestion or improve air quality. Directs the Secretary to require, for each HOV facility that charges tolls, that the tolls vary in price according to time of day or level of traffic to manage congestion or improve air quality. Authorizes a State to permit motor vehicles with fewer than two occupants to operate in high occupancy vehicle lanes as part of a variable toll pricing program. Requires the Secretary and the applicable State, public authority, or private entity designated by a State to enter into an agreement for each facility incorporating conditions set forth in this section. Limits the Federal cost share to 80 percent.
Requires fees collected from motorists using a FAST (Fast and Sensible Toll) lane to be collected only through the use of noncash electronic technology that optimizes the free flow of traffic on a tolled facility. Directs the Secretary to promulgate a final rule specifying requirements, standards, or performance specifications for such automated toll collection systems, seeking to accelerate progress toward the goal of achieving a nationwide interoperable electronic toll collection system. Requires the Secretary to: (1) develop and publish performance goals for FAST lane projects; and (2) report to Congress on any success of the toll program in meeting congestion reduction and other performance goals established for FAST lane programs.
Authorizes appropriations from the HTF (other than the Mass Transit Account) for FY 2004 through 2009 to carry out pre-implementation studies and post-implementation evaluations planned or implemented under this section.
(Sec. 1610) Directs the Administrator of the Environmental Protection Agency (EPA) to: (1) conduct a study of the ability of monitors to differentiate particulate matter larger than 2.5 micrometers in diameter (coarse particulate matter); (2) develop a method to measure directly the amount and composition of coarse particulate matter; and (3) report to specified congressional committees.
(Sec. 1611) Modifies the CMAQ program apportionment formula to take into account fine particulate matter.
(Sec. 1612) Makes the purchase of alternative fuel and of biodiesel fuel, or the purchase of integrated, interoperable emergency communications equipment, eligible activities under the CMAQ program. Provides that States that receive the minimum apportionment can use CMAQ funds for purposes beyond projects funded under STP (including congestion mitigation and improving air quality).
Requires States to be responsible for ensuring that subrecipients of CMAQ funds have emission reduction strategies for fleets that are used in construction projects located in nonattainment and maintenance areas and funded under the Federal-aid highway program. Directs the Administrator of the EPA to develop a nonbinding list of emission reduction strategies and supporting technical information for each strategy. Authorizes a State to use funds made available under this title and the Federal-aid highway program for the CMAQ program to ensure the deployment of such strategies.
(Sec. 1613) Directs the Secretary to encourage States and MPOs to consult with State and local air quality agencies in nonattainment and maintenance areas on the estimated emission reductions from proposed congestion mitigation and air quality improvement programs and projects.
(Sec. 1614) Directs the Secretary to evaluate and assess a representative sample of projects funded under the congestion mitigation and air quality program to: (1) determine the direct and indirect impact of the projects on air quality and congestion levels; and (2) ensure the effective implementation of the program. Requires the Secretary to maintain and disseminate a cumulative database describing the impacts of the projects.
(Sec. 1615) Changes requirements for how often updates must be made to metropolitan transportation plans, metropolitan transportation improvement programs (TIPs) in nonattainment and maintenance areas, and statewide Tips (from every two years and three years, respectively, to every four years, or more frequently if a MPO elects to update more frequently). Changes the minimum frequency with which transportation conformity must be demonstrated to every four years. Makes changes in the horizon of the conformity determination. Directs that the interagency consultation process and procedures be used to make determinations as to whether minor arterial highways and other transportation projects should be considered regionally significant projects.
(Sec. 1616) Amends the Clean Air Act to provide methods for new nonattainment areas to use in determining transportation conformity to help achieve the national ambient air quality standards.
(Sec. 1617) Reduces barriers to regions implementing transportation control measures (TCMs) to improve their regional air quality. Allows an area to substitute an existing TCM or add a TCM if they can show that the new TCM will achieve equivalent or greater emissions reductions. Provides that substitution or addition of a TCM will not be contingent on there being any provision in the State air quality plan, a formal revision of that plan, or a new conformity determination.
(Sec. 1618) Requires the EPA Administrator: (1) by March 1, 2005, to publish in the Federal Register proposed regulations governing the review and handling of air quality monitoring data influenced by exceptional events; and (2) to promulgate final regulations one year after the date on which the proposed regulations are published. Directs that protection of public health be given the highest priority.
(Sec. 1620) Directs the Secretary to establish a highway storm-water discharge mitigation program to: (1) improve the quality of storm-water discharge from Federal-aid highways or Federal-aid highways and associated facilities; and (2) enhance groundwater recharge. Requires States to give priority to certain projects sponsored by State or local governments that assist in complying with the Federal Water Pollution Control Act.
(Sec. 1621) Exempts an agricultural producer (who has gross agricultural commodity sales that do not exceed $500,000) that transports a fertilizer, pesticide, propane, gasoline, or diesel fuel for agricultural purposes from certain Federal hazardous materials transportation requirements.
(Sec. 1622) Amends the Miscellaneous Appropriations and Offsets Act, 2004 (Division H of the Consolidated Appropriations Act, 2004 (Public Law 108-199)) to repeal provisions prohibiting the obligation of funds under the Act to reduce overfishing and promote rebuilding of fish stocks.
Subtitle G: Operations - (Sec. 1701) Includes among eligible projects under the surface transportation program regional transportation operations collaboration and coordination activities that are associated with regional improvements, such as traffic incident management, technology deployment, emergency management and response, traveler information, and regional congestion relief.
Authorizes a State to spend funds apportioned under the STP to reduce traffic delays caused by motor vehicle accidents and breakdowns on highways during peak driving times. Sets forth permissible uses of funds.
Directs the Secretary to carry out a transportation systems management and operations program to: (1) ensure efficient and effective transportation systems management and operations on Federal-aid highways through collaboration, coordination, and real-time information sharing at a regional and statewide level among managers and operators of major modes of transportation, public safety officials, and the general public; and (2) manage and operate Federal-aid highways in a coordinated manner to preserve the capacity and maximize the performance of highway and transit facilities for travelers and carriers.
Authorizes the Secretary to: (1) issue guidance or promulgate regulations for the procurement of transportation system management and operations facilities, equipment, and services; and (2) authorize the use of Federal-aid highway funds to provide assistance for regional operations collaboration and coordination activities that are associated with regional improvements, such as traffic incident management, technology deployment, emergency management and response, traveler information, and congestion relief.
(Sec. 1702) Directs the Secretary to: (1) carry out a real-time system management information program; and (2) establish data exchange formats to ensure that the data provided by highway and transit monitoring systems (including statewide incident reporting systems) can readily be exchanged between jurisdictions to facilitate the nationwide availability of information on traffic and travel conditions. Requires each State to establish a statewide incident reporting system.
Requires States and local governments, in developing or updating regional intelligent transportation system architectures, to address the real-time highway and transportation needs of the State or local government, and the systems needed to meet those needs. Authorizes a State, subject to project approval by the Secretary, to use specified funds apportioned to the State to carry out activities relating to the planning and deployment of real-time monitoring elements.
(Sec. 1703) Removes alternative equivalent State qualifications-based requirements from competitive bidding requirements for engineering and design services with respect to construction of Federal-aid highway projects.
(Sec. 1704) Amends the National Highway System Designation Act of 1995 to provide that no additional off-duty time for a driver of a commercial vehicle shall be required in order for the driver to operate the vehicle.
(Sec. 1705) Makes mandatory the distribution of a specified percentage of funds for forest development roads and trails for the transportation planning process for the Lake Tahoe region.
Designates the urbanized areas of Oklahoma City, Oklahoma, and Norman, Oklahoma, as a single transportation management area for purposes of the allocation of metropolitan transportation improvement program funds.
Subtitle H: Federal-Aid Stewardship - (Sec. 1801) Authorizes the Secretary to designate a highway on the National Highway System as a future Interstate System route if the highway meets all standards of a highway on the Interstate System and only upon a written agreement of the State that the highway will be constructed to meet such standards within 25 years (currently, 12 years) after the date of the agreement.
(Sec. 1802) Requires a State to provide a value engineering analysis or other cost-reduction analysis for: (1) projects on the Federal-Aid System with an estimated total cost of $25 million or more; (2) a bridge project with an estimated total cost of $20 million or more; and (3) any other project the Secretary determines to be appropriate.
Directs the Secretary to establish an oversight program to monitor the efficient use of funds for Federal-aid highway projects, including areas relating to financial integrity and project delivery. Requires a recipient of funds for a project with an estimated cost of $1 billion or more, and recipients for such other projects as may be identified by the Secretary, to submit to the Secretary a project management plan and an annual financial plan.
Amends Federal transportation law to set forth provisions requiring: (1) the debarment of a contractor or subcontractor convicted of a criminal or civil offense involving fraud with respect to a project receiving Federal highway or transit funds; and (2) the suspension of a contractor or subcontractor upon indictment for criminal or civil offenses involving fraud.
Requires monetary judgments that accrue to the Federal Government from judgments in Federal criminal prosecutions and civil judgments pertaining to fraud in highway and transit programs to be shared with the State or local transit agency. Requires the State or local transit agency to use such funds for transportation infrastructure and oversight activities with respect to Federal-aid highway programs.
(Sec. 1803) Revises the term "qualified projects" to include intermodal projects for which the Secretary has approved the use of design-build contracting under specified criteria.
(Sec. 1804) Authorizes the Secretary to proceed with a Federal-aid highway project without the use of Federal funds and in accordance with all procedures and requirements applicable to the project other than those procedures and requirements that limit the State to implement a project with the aid of Federal funds or obligation authority previously allocated to the State. Declares that funds allocated to a State for a particular purpose for a fiscal year shall be considered to be obligated if a sum equal to the total of the funds allocated to the State for that purpose for that fiscal year and previous fiscal years is obligated.
(Sec. 1805) Authorizes the set-aside of Federal-aid highway funds for FY 2004 through 2009 for resurfacing, restoring, rehabilitating, and reconstructing of Interstate System routes.
(Sec. 1806) Revises provisions regarding the use of Federal land management agency funds to authorize their use to pay the non-Federal share of costs of any project (currently, Federal-aid highway project) in which the Federal share is funded under this title or under mass transportation funds.
Authorizes a State in which a proposed Federal-aid project is to be undertaken by a Federal agency in accordance with an agreement between a State and the Federal agency to direct the Secretary to transfer the funds for the Federal share of the project directly to the Federal agency, or make a deposit with, or payment to, the Federal agency to meet the obligation of the State under the agreement for the work undertaken or to be undertaken by the Federal agency.
Directs the Secretary to allocate sums authorized to be appropriated for the fiscal year for forest development roads and trails according to the relative needs of the various national forests, and including grasslands. Revises amounts allocated to States for public lands highways and forest highways. Requires the Secretary to to give priority in the allocation of funds for park roads and parkways to projects for highways that are located in, or provide access to, a qualifying National Park, and were initially constructed before 1940.
Authorizes the allocation of appropriated Federal highway funds through FY 2005 for Indian reservation roads. Establishes a Federal lands highway demonstration project which calls for funds for Indian reservation roads and for highway bridges located on Indian reservation roads to be made available to the Indian tribal government for use in carrying out contracts and agreements for the planning, research, engineering, and construction of such roads and bridges. Sets forth certain demonstration project requirements. Authorizes appropriations for FY 2004 through 2009 to carry out planning, design, engineering, preconstruction, construction, and inspection of projects to replace.
Limits to no more than six percent of amounts made available from the HTF to the Bureau of Indian Affairs that can be used to pay Bureau expenses (including administrative expenses) incurred in administering the Indian reservation roads program. Authorizes an Indian tribe or tribal organization to commence road and bridge construction if they provide certain assurances in the contract or agreement that the construction will meet applicable health and safety standards.
Includes refuge roads and recreation roads within the Federal Lands Highways Program. Sets forth appropriate uses of Federal Lands Highways Program funds, including for recreation roads and forest highways. Limits the amount of HTF funds apportioned for Indian reservation roads for maintenance to not more than the greater of $250,000 or 25 percent of the apportioned amount.
Authorizes specified allocations of appropriated Federal-aid highway funds for each fiscal year for safety and for recreation roads. Limits the use of funds for recreation roads to pay the costs of maintenance or improvements of existing recreation roads. Provides that a maintenance or improvement project shall not require any additional environmental reviews or assessments if certain conditions are met.
Replaces forest development roads and trails provisions with national forest system roads and trails provisions.
(Sec. 1807) Replaces the Highway Bridge Replacement and Rehabilitation Program with the Highway Bridge Program. Authorizes a State participating in the Program to carry out a project for preventive maintenance on a bridge or installation of scour countermeasures to a bridge without regard to whether the bridge is eligible for replacement or rehabilitation.
Authorizes appropriations for FY 2004 through 2009 for the Highway Bridge Program, with specified amounts set-aside for: (1) certain bridge projects under the Discretionary Bridge Program; and (2) projects to replace, rehabilitate, perform systematic preventive maintenance or seismic retrofit, or apply calcium magnesium acetate, sodium acetate/formate, or other environmentally acceptable, minimally corrosive anti-icing and de-icing compositions or install scour countermeasures to highway bridges located on public roads, other than those on a Federal-aid highway (off-system bridges), or to complete the Warwick Intermodal Station (including the construction of a people mover between the Station and the T.F. Green Airport).
Declares that costs incurred by a State to preserve a historic bridge shall be eligible as reimbursable project costs up to an amount not to exceed 200 percent of the cost of demolition.
Directs the Secretary to publish annually in the Federal Register a report describing construction materials used in new Federal-aid bridge construction and bridge rehabilitation projects.
(Sec. 1808) Directs the Secretary to apportion funds made available from the HTF for FY 2004 through 2009 among States based on the latest available estimate of the cost to construct highways and access roads for the Appalachian development highway system program.
(Sec. 1809) Establishes the Multistate Corridor Program to encourage multistate transportation planning and development and to facilitate transportation decisionmaking and coordinate project delivery involving multistate corridors. Directs the Secretary to make allocations under the program to State transportation departments and MPOs for multistate highway and multimodal planning studies and construction. Directs the Secretary, in administering the program, to encourage and enable States to develop plans for multimodal and multijurisdictional transportation decisionmaking, and give priority to studies or projects that emphasize multimodal planning. Sets the Federal share of cost of a study or project at 80 percent.
(Sec. 1810) Establishes a border planning, operations, technology, and capacity improvement program to support coordination and improvement in bi-national transportation planning, operations, efficiency, information exchange, safety, and security at the U.S. borders with Canada and Mexico. Authorizes a border State to obligate funds apportioned to it for highway and multimodal planning or environmental studies, cross-border port of entry and safety inspection improvements, technology and information exchange activities, and right-of-way acquisition, design, and construction to implement border enhancements. Sets forth certain program requirements. Authorizes the transfer of program funds to the General Services Administration (GSA) for construction of transportation infrastructure projects at or near the border in border States.
(Sec. 1811) Directs the Secretary to allocate Federal-aid highway funds for FY 2004 through 2009 to the Commonwealth of Puerto Rico to carry out the Puerto Rico Highway Program.
(Sec. 1812) Directs the Secretary, subject to the availability of appropriations, to: (1) collect and disseminate information on historic covered bridges; (2) conduct educational programs relating to the history and construction techniques of historic covered bridges; and (3) conduct research on the history of such bridges, including studying techniques for protecting the bridges from rot, fire, natural disasters, or weight-related damage. Directs the Secretary, subject to the availability of appropriations, to make grants to States to rehabilitate or repair or preserve a historic covered bridge.
Authorizes appropriations for FY 2004 through 2009.
(Sec. 1813) Establishes a transportation and community and system preservation program to facilitate the planning, development, and implementation of strategies by States, MPOs, federally-recognized Indian tribes, and local governments to integrate transportation, community, and system preservation plans and practices that: (1) improve the efficiency, and reduce the impacts, of transportation on the environment; (2) reduce the need for costly future investments in public infrastructure; (3) provide efficient access to jobs, services, and centers of trade; and (4) examine development patterns, and identify strategies, to encourage private sector development patterns that achieve the above-mentioned goals.
Authorizes appropriations for FY 2004 through 2009.
Includes among eligible projects under the surface transportation program: (1) transportation and community system preservation that facilitates the planning, development, and implementation of strategies of MPOs and local governments to integrate transportation, community, and system preservation plans and practices that address certain goals; and (2) certain intersection improvement projects.
(Sec. 1814) Establishes, in cooperation with appropriate State, regional, and local governments, a parking pilot program to address the shortage of long-term parking for drivers of commercial motor vehicles on the NHS. Directs the Secretary to carry out a pilot program to provide corridor and fringe parking facilities in order to provide parking capacity to support car pooling, van pooling, ride sharing, commuting, and HOV travel.
Authorizes appropriations from the HTF (other than the Mass Transit Account) for FY 2005 through 2009.
(Sec. 1815) Directs the Secretary to: (1) establish an Interstate oasis program; and (2) develop standards for designating as an Interstate oasis a facility that offers products and services to the public, 24-hour access to restrooms, parking for automobiles and heavy trucks, and meets certain other standards.
(Sec. 1816) Amends Federal highway law to authorize an Indian tribe and a State to enter into a road maintenance agreement under which an Indian tribe assumes the responsibilities of the State for Indian reservation roads, including roads providing access to Indian reservation roads.
(Sec. 1817) Earmarks for each fiscal year amounts made available for National Forest System roads to pay the costs of facilitating the passage of aquatic species beneath roads in the National Forest System, including the costs of constructing, maintaining, replacing, or removing culverts and bridges, as appropriate.
(Sec. 1818) Directs the Secretary to carry out a territorial highway program to assist each territory (American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, the U.S. Virgin Islands) in the construction and improvement of a system of arterial and collector highways, including necessary inter-island connectors. Includes the program as an eligible project under the NHS.
Authorizes appropriations for each fiscal year for the territorial highway program.
(Sec. 1819) Revises provisions regarding the Magnetic Levitation Transportation Technology Deployment Program to authorize the Secretary to solicit additional applications from States for Federal financial assistance for planning, design, and construction of magnetic levitation (MAGLEV) projects.
Authorizes appropriations from the HTF (other than the Mass Transit Account) for FY 2004 through 2009 to carry out this program.
Repeals provisions calling for R&D of low-speed superconductivity MAGLEV technology for public transportation in urban areas.
(Sec. 1820) Declares that nothing shall prevent a local government from offering to donate funds, materials, or services performed by local government employees in connection with a Federal-aid highways project. Repeals provisions regarding crediting of contributions by units of local government toward the State share.
(Sec. 1821) Requires not less than ten percent of funds made available for any Federal-aid highways, transportation research, or public transportation programs under this Act be expended with small business concerns owned and controlled by socially and economically disadvantaged individuals.
(Sec. 1822) Increases the maximum amount that is authorized to be obligated in any fiscal year for the repair or reconstruction of highways, roads, and trails (including Indian reservations) that have suffered serious damage as a result of natural disaster or catastrophic failure from any external cause.
(Sec. 1823) Requires the Secretary to encourage States to give priority to pedestrian and bicycle facility enhancement projects that include a coordinated physical activity or healthy lifestyles program.
(Sec. 1824) Directs the Secretary to establish the Delta Region Transportation Development Program to support and encourage multistate transportation planning and corridor development, provide for transportation project development, facilitate transportation decisionmaking, and support transportation construction. Directs the Secretary to make allocations under this program for multistate highway and transit planning, development, and construction projects. Authorizes appropriations.
(Sec. 1825) Establishes the Multistate International Corridor Development Program to develop international trade corridors in order to facilitate the movement of freight from international ports of entry and inland ports through and to the interior of the United States. Directs the Secretary to make allocations under this program for any activity eligible for funding under the Federal-aid highways program, including multistate highway and multistate multimodal planning and project construction.
(Sec. 1826) Amends TEA-21 to make HTF (other than from the Mass Transit Account) funds available not later than October 1 of each year to each State (except Arizona) that has within its boundaries all or a part of an Indian reservation having a land area of ten million acres or more. Authorizes appropriations from the HTF (other than the Mass Transit Account) for Indian reservation public roads for FY 2004 through 2009.
Subtitle I: Technical Corrections - (Sec. 1901) Amends Federal law to repeal provisions making certain letting of contracts (bidding) requirements with respect to Federal-aid highways projects inapplicable to contracts for projects on the Federal-aid secondary system in those States where the Secretary has discharged his responsibilities pursuant to certain high priority projects program requirements.
Authorizes the Secretary to approve as a project on a Federal-aid highway (currently, Federal-aid urban system) the acquisition of land for fringe and corridor parking facilities.
(Sec. 1902) Revises the date the Secretary must issue guidelines for minimizing possible soil erosion from highway construction to not later than January 30, 1971.
(Sec. 1903) Transfers certain provisions requiring the erection of signs identifying that highway construction projects were funded out of the HTF (other than the Mass Transit Account) and certain Buy American requirements to the Federal-aid highways program under title 23, USC.
Title II: Transportation Research - Subtitle A: Funding - (Sec. 2001) Authorizes appropriations out of the HTF (other than the Mass Transit Account) for FY 2004 through 2009 for: (1) surface transportation research, including the surface transportation-environmental cooperative research program; (2) training and education; (3) the Bureau of Transportation Statistics; (4) intelligent transportation systems (ITS) standards, research, operational tests, and development; and (5) university transportation centers.
Subtitle B: Research and Technology - (Sec. 2101) Revises transportation research and technology requirements.
Requires selection of contractors and grantees, to the maximum extent practicable and appropriate on a competitive basis, and on the basis of the results of peer review proposals submitted to the Secretary.
Requires the Secretary to continue, through September 30, 2009, the long-term pavement performance program tests, monitoring, and data analysis.
Requires the Secretary, in cooperation with the Center for Civil Engineering Research at the University of Nevada, Reno to carry out a seismic research program to: (1) study the vulnerability of the Federal-aid highway system and other surface transportation systems to seismic activity; and (2) develop and implement cost-effective methods to reduce it.
Requires the Secretary to develop a five-year strategic plan for research and technology transfer and deployment activities pertaining to the security aspects of highway infrastructure and operations.
Requires the Secretary to carry out a program to demonstrate the application of high-performance concrete in the construction and rehabilitation of bridges.
Authorizes appropriations for FY 2004 through 2009 for biobased research of national importance at the National Biodiesel Board and at certain research centers.
Requires the Secretary to establish a program for the application of innovative material, design, and construction technologies in the construction, preservation, and rehabilitation of elements of surface transportation infrastructure (currently, only construction of bridges and other structures).
Requires the local technical assistance program to provide access to surface transportation technology to infrastructure security.
Revises surface transportation research strategic planning requirements to direct the Secretary to establish a Surface Transportation Research Technology Advisory Committee.
Changes the currently required surface transportation research and technology development plan into strategic plans for each of specified core surface transportation research areas.
Requires the National Research Council to establish and carry out through FY 2009 a new strategic highway research program.
Requires the Secretary to: (1) provide grants to nonprofit institutions of higher learning to establish university transportation centers; (2) encourage multistate cooperative agreements, coalitions, or other arrangements to promote regional cooperation, planning, and shared project implementation; (3) make grants to States to continue intelligent transportation system management and operations in the Interstate Route I-95 corridor coalition region; and (4) continue the deployment of the advanced transportation model known as the Transportation Analysis Simulation System (TRANSIMS) developed by the Los Alamos National Laboratory.
(Sec. 2102) Requires the Secretary to direct the Bureau of Transportation Statistics to assume the role of lead agency in working with other DOT agencies to establish statistical standards for DOT. Directs the Bureau to conduct a study of the ways in which transportation statistics are and may be used for national security purposes, and to submit to the Transportation Security Administration (TSA) recommendations for means by which the use of such statistics for national security purposes may be improved. Requires the Bureau to develop new protocols for adapting data collection and delivery efforts in existence to deliver information in a more timely and frequent fashion.
Requires the Secretary to provide a grant, or enter into a cooperative agreement or contract with, the Transportation Research Board of the National Academy of Sciences to conduct a study of the DOT data collection and statistical analysis efforts with respect to modes of surface transportation in order to provide to DOT information for use by DOT agencies in providing to surface transportation agencies and individuals engaged in the surface transportation field higher quality, and more relevant and timely, data, statistical analyses, and products. Requires the Bureau to report annually to the Secretary on progress made in responding to study recommendations for each fiscal year.
(Sec. 2103) Requires the Secretary to establish centers for surface transportation excellence to promote high-quality outcomes in support of strategic national programs and activities, including the environment, operations, surface transportation safety, project finance, and asset management. Requires the Secretary to review and approve a multiyear strategic plan for each center before funds authorized for FY 2005 through 2009 can be obligated. Provides a set-aside of surface transportation research funds for FY 2004 through 2009 to carry out this section.
(Sec. 2104) Requires the Secretary to provide grants to conduct a comprehensive, in-depth motorcycle crash causation study that employs the common international methodology for in-depth motorcycle accident investigation of the Organization for Economic Cooperation and Development (OECD). Earmarks certain funds for FY 2004 and 2005 to carry out this section.
(Sec. 2105) Amends TEA-21 to revise transportation technology innovation and demonstration program requirements to authorize appropriations out of the HTF (other than the Mass Transit Account) for each fiscal year for the program. Declares that ITS projects under the program that involve privately owned ITS components and are carried out using HTF funds shall not be subject to any State law prohibiting or regulating commercial activities in the rights-of-way of a highway for which Federal-aid highway funds have been used for planning, design, construction, or maintenance, if the Secretary determines that such use is in the public interest.
Subtitle C: Intelligent Transportation System Research - (Sec. 2201) Directs the Secretary to carry out an ongoing ITS research program to research, develop, and operationally test ITS, and provide technical assistance in the nationwide application of such systems as a component of U.S. surface transportation systems.
Directs the Secretary to develop a five-year National ITS Program Plan that specifies the goals and objectives for the research and deployment of ITS in the context of major and smaller metropolitan areas, rural areas, and commercial vehicle operations.
Directs the Secretary to develop, implement, and maintain a national ITS architecture and supporting standards to promote the widespread use and evaluation of ITS technology as a component of U.S. surface transportation systems. Requires the Secretary to ensure that ITS projects carried out using funds from the HTF conform to the national ITS architecture, applicable standards, and protocols.
Directs the Secretary to carry out a commercial vehicle information systems and networks program to: (1) improve the safety and productivity of commercial vehicles and drivers; (2) reduce costs associated with commercial vehicle operations and Federal and State commercial vehicle regulatory requirements; and (3) advance the technological capability and promote the deployment of ITS applications for commercial vehicle operations, including commercial vehicle, commercial driver, and carrier-specific information systems and networks. Requires the Secretary to make grants in the amount of no more than $ 2.5 million to an eligible State for the core deployment of commercial vehicle information systems and networks. Authorizes appropriations.
Directs the Secretary to carry out a comprehensive program of ITS research, development, and operational tests of intelligent vehicles and intelligent infrastructure systems. Requires the Secretary to give priority to funding projects that assist in the development of an interconnected national ITS network, address traffic management, incident management, transit management, toll collection traveler information, or highway operations systems, and advance the use of ITS to facilitate high-performance transportation systems. Earmarks a specified amount for each fiscal year for ITS outreach, public relations, displays, tours, and brochures.
Title III: Public Transportation - Federal Public Transportation Act of 2004 - Revises requirements for the development and revitalization of U.S. public transportation systems.
(Sec. 3005) Requires MPOs to develop transportation plans and programs for metropolitan planning areas.
(Sec. 3006) Requires States to develop statewide transportation plans and statewide transportation improvement programs.
(Sec. 3009) Authorizes the Secretary to award urbanized area formula grants for planning (including mobility management), transit enhancements, and operating costs of equipment and facilities for use in public transportation in an urbanized area with a population of between 200,000 and 225,000.
(Sec. 3010) Repeals the clean fuels formula grant program. Revises requirements for grants to States, MPOs, and local governments, agreements with other departments, or contracts with private nonprofit or for-profit entities to develop transportation plans and programs (including metropolitan planning and State planning and research). Establishes a Planning Capacity Building Program.
(Sec. 3011) Eliminates the Secretary's authority to make loans for certain capital projects under the capital investment program.
Requires the Secretary to enter into project construction grant agreements with grantees receiving less than $75 million for a new fixed guideway or corridor improvement capital project.
Authorizes the Secretary to establish a pilot program to demonstrate the advantages of public-private partnerships for certain fixed guideway systems development projects.
Sets forth certain allocations for FY 2004 and 2005 for major capital projects for new fixed guideway systems and extensions and projects for new fixed guideway or corridor improvement capital projects, fixed guideway modernization, and buses and bus-related equipment and facilities, including allocations for FY 2004 through 2009 for capital projects in Alaska and Hawaii for new fixed guideway systems and extension projects utilizing ferry boats, ferry boat terminals, or approaches to ferry boat terminals, and allocations in each fiscal year for intermodal terminal projects and intercity bus portion of such projects.
(Sec. 3012) Revises requirements for the grant program for the needs of elderly individuals and individuals with disabilities.
(Sec. 3013) Revises requirements for formula grants for other than urbanized areas to distinguish between recipients (States and Indian tribes) and subrecipients (State or local governmental authorities, nonprofit organizations, or private operators of public transportation or intercity bus service) that receive Federal funds through a recipient. Apportions HTF funds for FY 2005 through 2009 for formula grants for other than urbanized areas to Indian tribes for eligible public transportation projects on Indian reservations.
(Sec. 3014) Revises requirements for grants, contracts, cooperative agreements, or other transactions for research, development, or demonstration projects. Adds deployment projects. Repeals specific authority for: (1) research, investigation, and training grants to institutions of higher education; and (2) grants for training fellowships and innovative techniques and methods.
(Sec. 3015) Repeals apportionment requirements for State planning and research with respect to a mass transportation cooperative research program.
(Sec. 3016) Eliminates the Industry Technical Panel.
Authorizes the Secretary to award: (1) demonstration grants to certain charitable or educational organizations or State or local government agency to provide transportation services to individuals to access dialysis treatments and other medical treatments for renal disease; and (2) grants to a national not-for-profit organization for the establishment of a national technical assistance center for senior transportation programs.
Directs the Secretary to conduct a study of actions necessary to purchase increased volumes of alternative fuels for use in public transit vehicles.
(Sec. 3020) Repeals: (1) the suspended light rail technology pilot project; and (2) crime prevention and security grants for public transportation systems.
(Sec. 3022) Modifies certain conditions with which a charter bus owner or operator must comply in order to receive Federal financial assistance. Requires complaints regarding the violation of a charter bus service agreement to be submitted to the Regional Administrator of the Federal Transit Administration (FTA). Makes U.S. lands closed as a result of a military base closure available for transit purposes (including corridor preservation). Authorizes the Secretary to terminate capital investment assistance, and seek reimbursement, if the Secretary determines that an assistance recipient (State or local government or nonprofit organization) has made a false or fraudulent statement in connection with a Federal transit program;
(Sec. 3023) Repeals certain limitations on discretionary and special needs grants and loans. Sets forth certain financial and environmental requirements regarding the acquisition of real property for public transportation capital projects.
(Sec. 3024) Requires recipients of capital investment assistance to conduct all procurement transactions on a competitive basis. Eliminates provision for non-competitive bidding on capital project or improvement contracts. Prescribes general requirements for design-build projects. Authorizes recipients of capital investment assistance to enter into a contract to expend such assistance to acquire rolling stock. Denies application to vehicles purchased with Federal assistance of any State law requiring buses to be purchased through in-State dealers.
(Sec. 3025) Requires the project management plan of a recipient of capital investment assistance for a major capital project to provide, among other things, for safety and security management.
Increases from .5 percent to one percent the amount of funds for certain capital projects that the Secretary may use to make a contract to oversee the construction of such projects.
(Sec. 3027) Directs the Secretary to require a local government to submit a plan for eliminating, mitigating, or correcting any safety hazards and security risks established by investigation. Requires the Secretary to enter into a memorandum of understanding (MOU) with the Secretary of Homeland Security to define the respective roles of DOT and the Department of Homeland Security with respect to public transportation security.
(Sec. 3028) Applies certain requirements for the withholding of urbanized area formula grant amounts from certain States to States that are designing rail fixed guideway public transportation systems that will not be FRA-regulated.
(Sec. 3031) Authorizes the Secretary to decide that a form of public transportation is covered adequately, for employee alcohol and controlled substances testing purposes, under pertinent law or regulations of an agency within DOT or other Federal agency.
(Sec. 3033) Prohibits the Secretary, except as directed by the President for purposes of national defense or in the event of a national or regional emergency, from regulating the operation, routes, or schedules of a public transportation system for which a capital projects grant is made, or the rates, fares, tolls, rentals, or other charges prescribed by a public or private transportation provider.
(Sec. 3035) Apportions certain formula grant funds for FY 2005 and each fiscal year thereafter to certain urbanized areas with populations of less than 200,000. Requires the calculation of small transit intensive city factors in such apportionments. Directs the Secretary to study and report to Congress on the feasibility of developing and implementing an incentive funding system for operators of public transportation.
(Sec. 3037) Authorizes FY 2004 appropriations for formula grants for certain capital projects, job access and reverse commute grants for low income individuals, capital investment program grants, public transportation planning programs, public transportation research, university transportation research, and to carry out certain administrative provisions with respect to public transportation projects. Authorizes FY 2005 through 2009 appropriations for certain public transportation project formula grants and public transportation research, the university centers program, bus grants, and major capital investment grants.
(Sec. 3038) Requires the Secretary to apportion for each fiscal year certain formula grants for urbanized areas and other than urbanized areas based on growing States and high density State formula factors.
(Sec. 3039) Amends the Federal Transit Act of 1988 to revise the definition of eligible low-income individual for purposes of eligibility for transportation services to and from jobs and related employment activities under the job access and reverse commute grant program to also include individuals who are eligible for assistance under the State program of Temporary Assistance to Needy Families (TANF) funded under part A of title IV of the Social Security Act in the State in which the recipient of such grant is located. Makes certain changes to grant requirements.
(Sec. 3040) Sets forth certain allocations of funds for FY 2004 through 2009 for formula grants for over-the-road bus accessibility program for persons with disabilities.
(Sec. 3041) Authorizes the Secretary to award a grant or enter into a contract to carry out a qualified project to provide alternative transportation (transportation by bus, rail, or any other publicly or privately owned conveyance that provides to the general public or special service on a regular basis, including sightseeing service) in parks and public lands.
(Sec. 3042) Sets forth certain obligation ceilings for FY 2004 through 2009 for amounts made available from the Mass Transit Account of the HTF and amounts appropriated for formula grants and major capital investment grants for public transportation projects.
(Sec. 3043) Requires the Secretary to reduce the total apportionments made for FY 2004 to each formula grant recipient by the amount apportioned to that recipient under the Surface Transportation Extension Act of 2003, including to adjust amounts apportioned to each urbanized area for fixed guideway modernization to reflect the apportionment method set forth under title 49.
(Sec. 3044) Applies certain provisions under TEA-21 requiring not less than ten percent of amounts made available for Federal-aid highways projects be expended with small business concerns owned and controlled by socially and economically disadvantaged individuals to amounts made available for public transportation projects under this title.
(Sec. 3045) Amends intermodal transportation provisions to establish an intermodal passenger facilities program in which the Secretary shall make grants on a competitive basis to a recipient in financing a capital project for acquiring, constructing, improving, or renovating an intermodal facility that is related to intercity bus service and establishes or enhances coordination between intercity bus service and transportation. Authorizes appropriations from the HTF (other than the Mass Transit Account) for FY 2005 through 2009.
Title IV: Surface Transportation Safety - Surface Transportation Safety Reauthorization Act of 2004 - Subtitle A: Highway Safety - Highway Safety Grant Program Reauthorization Act of 2004 - (Sec. 4102) Amends Federal highway law to to authorize appropriations from the HTF (other than the Mass Transit Account) for FY 2004 through 2009 for the National Highway Traffic Safety Administration (NHTSA) for: (1) the Highway Safety Programs; (2) the Highway Safety Research and Outreach Programs; (3) the Occupant Protection Programs; (4) the Emergency Medical Services Program; (5) the Impaired Driving Program; (6) the State Traffic Safety Information System Improvements; and (7) the preservation of public parks and lands, wildlife and waterfowl refuges, and historic sites.
(Sec. 4103) Excludes as a requirement of State highway safety programs the inclusion of programs to increase public awareness of the benefit of motor vehicles equipped with airbags. Requires such State programs to also include programs to reduce aggressive driving and to educate drivers about defensive driving, and to reduce accidents resulting from fatigued and distracted drivers, including distractions arising from the use of electronic devices in vehicles. Increases the apportionment of funds for highway safety programs for tribal governments to two percent. Makes State highway safety program funds available for making grants under the occupant protection and impaired driving programs.
Prohibits States from receiving funds after FY 2004 for highway safety programs until the State submits a written statement that it actively encourages all of its law enforcement agencies to follow guidelines established for police chases issued by the International Association of Chief's of Police.
Directs the Secretary and the Bureau of Indian Affairs to establish an approval process by which a State or Indian tribe may apply for highway safety program grants through a single application with a single annual deadline. Deducts a specified percentage of program funds for administrative expenses.
(Sec. 4104) Revises highway safety R&D provisions to require the Secretary to conduct: (1) research on all phases of highway safety and traffic conditions, including accident causation, highway or driver characteristics, communications, and emergency care; (2) research on, and launch initiatives to counter, fatigued driving by drivers of motor vehicles and distracted driving in such vehicles, including the effect that the use of electronic devices and other factors deemed relevant by the Secretary have on driving; (3) research on, and evaluate the effectiveness of, traffic safety countermeasures, including seat belts and impaired driving initiatives; (4) a study to collect on-scene motor vehicle collision data and to determine crash causation; and (5) a study on the safety of highway toll collection facilities, including toll booths, for toll collectors.
Directs the Administrator of the National Highway Traffic Safety Administration (NHTSA) to establish, in coordination with States, a nationwide traffic safety campaign program to reduce alcohol-impaired or drug-impaired operation of motor vehicles, and to increase the use of seat belts by occupants of motor vehicles. Earmarks funds for FY 2004 through 2009 for advertising and educational activities to support the nationwide traffic safety campaign program.
Directs the Secretary to to allocate amounts for FY 2004 through 2009 to conduct a comprehensive research and demonstration program to improve traffic safety pertaining to older drivers.
Directs the Administrator of the NHTSA to carry out a program to train State law enforcement personnel in police chase guidelines issued by the International Association of Chiefs of Police. Earmarks funds for such program.
Authorizes the Administrator of the NHTSA to participate and cooperate in international activities to enhance highway safety. Earmarks funds for such activities.
Directs the Secretary to carry out a study, and report the results to specified congressional committees, of the frequency with which persons arrested for operating a motor vehicle under the influence of alcohol or while intoxicated refuse to take a test to determine blood alcohol concentration levels and the effect such refusals have on the ability of States to prosecute such persons.
(Sec. 4106) Directs the Secretary to make for FY 2004 through 2009 safety belt performance grants to States that have enacted, and are enforcing, a primary safety belt use law for all passenger motor vehicles. Authorizes appropriations for FY 2004 through 2009 for such grants.
(Sec. 4108) Directs the Secretary and the Secretary of Homeland Security to establish a Federal Interagency Committee on Emergency Medical Services in order to: (1) ensure coordination among the Federal agencies involved with State, local, tribal, or regional emergency medical services and 9-1-1 systems; and (2) recommend new or expanded programs (including grant programs) for improving State, local, tribal, or regional emergency medical services and implementing improved emergency medical services communications technologies, including wireless 9-1-1.
Directs the Secretary to coordinate with other Federal agencies, and may assist State and local governments and emergency medical services organizations, private industry, and other interested parties to ensure the development and implementation of a coordinated nationwide emergency medical services program that is designed to strengthen transportation safety and public health and to implement improved emergency medical services communication systems, including 9-1-1. Requires States to establish a program to coordinate the emergency medical services and resources deployed throughout the State. Authorizes appropriations.
(Sec. 4109) Repeals the authority for alcohol traffic safety programs.
(Sec. 4110) Revises State eligibility requirements for impaired driving program grants to require States to meet four of the following six criteria in order to receive a grant, including to: (1) conduct a series of high-visibility, Statewide law enforcement campaigns in which law enforcement personnel monitor for impaired driving, either through the use of check-points or saturation patrols, on a nondiscriminatory basis; (2) prosecute and adjudicate repeat impaired driving offenders by reducing the use of State diversion programs; (3) establish a State impaired operator information system that tracks drivers who are arrested or convicted for violation of laws prohibiting impaired operation of motor vehicles; (4) decrease in the two most recent calendar years the percentage of fatally-injured drivers with 0.08 percent or greater blood alcohol concentration in the State; (5) establish an impaired driving task force in order to oversee efforts of relevant State, tribal, and local agencies to reduce impaired driving; and (6) establish a program to consolidate and coordinate impaired driving cases into courts that specialize in impaired driving cases, with emphasis on tracking and processing offenders of impaired driving laws.
(Sec. 4111) Directs the Secretary to make grants to eligible States to support the development and implementation of State traffic safety information systems to improve the timeliness, accuracy, and accessibility of safety data of the State that is needed to identify priorities for national, State, and local highway and traffic safety programs. Sets forth grant eligibility requirements.
Directs the Secretary to determine model data elements that are useful for the observation and analysis of State and national trends in occurrences, rates, outcomes, and circumstances of motor vehicle traffic accidents, including data elements on the impact on traffic safety of the use of electronic devices while driving.
(Sec. 4112) Directs the NHTSA to review triennially each State highway safety program. Requires the Administrator of the NHTSA to provide review-based recommendations on how each State may improve the management and oversight of its grant activities and may provide a management and oversight plan.
(Sec. 4151) Amends Federal transportation law to direct the Secretary to: (1) prescribe a safety standard or upgrade existing Federal motor vehicle safety standards to reduce complete and partial occupant ejection from certain motor vehicles that are involved in accidents that present a risk of occupant ejection; and (2) upgrade Federal Motor Vehicle Safety Standard No. 206 to require new motor vehicle manufacturers to make modifications to door locks, door latches, and retention components of doors in such vehicles to reduce occupant ejection from such vehicles in motor vehicle accidents.
Authorizes appropriations for FY 2004 and 2005.
(Sec. 4153) Directs the Administrator of the NHTSA to conduct a study of effective methods for reducing the incidence of injury and death outside of parked passenger motor vehicles attributable to movement of such vehicles, including an analysis of backover prevention devices and technologies.
(Sec. 4155) Directs the Secretary to: (1) issue motor vehicle safety standards to reduce vehicle incompatibility and aggressivity for certain motor vehicles; (2) develop a standard rating metric to evaluate compatibility and aggressivity among such vehicles; and (3) create a public information program that includes vehicle ratings based on risks posed by vehicle incompatibility and aggressivity to occupants, risks posed by vehicle incompatibility and aggressivity to other motorists, and combined risks posed by vehicle incompatibility and aggressivity by vehicle make and model.
(Sec. 4156) Directs the Secretary to prescribe: (1) a motor vehicle safety standard for rollover crashworthiness standards for certain motor vehicles to improve on the basic design characteristics of such vehicles to increase their resistance to rollover; (2) a motor vehicle safety standard or upgrade existing Federal motor vehicle safety standards to improve the protection of occupants in frontal impact crashes involving certain motor vehicles; and (3) a motor vehicle safety standard or upgrade existing Federal motor vehicle safety standards to improve the protection afforded to occupants in side impact crashes involving certain motor vehicles. Requires the Secretary to conduct a study on electronic stability control systems and other technologies designed to improve the handling of certain motor vehicles and report the results to specified congressional committees.
(Sec. 4157) Directs the Secretary to initiate a rulemaking and issue final regulations not later than September 31, 2005, to include all 15-passenger vans with a certain vehicle weight rating in: (1) the NHTSA's dynamic rollover testing program and require such vans to comply with all existing and prospective Federal Motor Vehicle Safety Standards for occupant protection and vehicle crash avoidance that are relevant to such vehicles; and (2) the NHTSA's New Car Assessment Program rollover resistance program. Requires the NHTSA to evaluate and test the potential of technological systems, particularly electronic stability control systems and rollover warning systems, to assist drivers in maintaining control of such vans.
(Sec. 4158) Directs the Secretary to issue a final rule to upgrade Federal Motor Vehicle Safety Standard No. 139 to include: (1) strength and road hazard protection safety performance criteria for light vehicle tires; and (2) resistance to bead unseating and aging safety performance criteria for passenger motor vehicle tires. (Criteria that were not addressed in the June 2003 final rule mandated by the Transportation Recall Enhancement, Accountability, and Documentation Act of 2000).
(Sec. 4159) Directs the Secretary to issue a Notice of proposed Rulemaking to amend the Federal Motor Vehicle Safety Standard No. 208 for certain motor vehicles to encourage increased seat belt usage by drivers and passengers.
(Sec. 4160) Directs the Secretary to report to specified congressional committees if the Secretary fails to meet rulemaking deadlines established under this subtitle.
(Sec. 4161) Amends Federal highway law to direct the Secretary to make a grant to eligible States that are enforcing a law requiring that children riding in passenger motor vehicles who are too large to be secured in a child safety seat be secured in a child restraint that meets requirements prescribed by the Secretary under Anton's Law. Sets forth grant eligibility requirements.
Authorizes appropriations out of the HTF for FY 2006 through 2009.
(Sec. 4162) Authorizes appropriations for FY 2004 through 2009 for motor carrier safety.
(Sec. 4171) Establishes a National Office of Driver Licensing and Education in the NHTSA in order to provide States with services for coordinating their motor vehicle driver training and licensing programs, and to develop and make available to the States a recommended comprehensive model for motor vehicle driver education and graduated licensing that incorporates the best practices in driver education and graduated licensing. Requires the Director of the Office to report to Congress on any progress made with respect to this section.
Directs the Secretary to provide grants to States to support the improvement of State motor vehicle driver education programs and graduated licensing systems. Sets forth grant eligibility requirements.
Directs the Secretary to provide grants to eligible recipients to carry out campaigns to increase public awareness of, and training on, authority and procedures under State law to provide for the donation of organs through a declaration recorded on a motor vehicle driver license. Requires the Secretary to carry out a study, and publish a report of the results, on whether the establishment and imposition of nationwide minimum standards of motor vehicle driver education would improve national highway traffic safety or the performance and legal compliance of novice drivers.
Authorizes appropriations for FY 2005 through 2010.
(Sec. 4172) Revises certain labeling and entry requirements requiring manufacturers of new automobiles to affix certain information to the automobile's windshield prior to the delivery to the dealer to include: (1) information about the automobile's safety ratings if one or more safety ratings for such automobile have been assigned and published by the NHTSA under the New Car Assessment Program; and (2) a statement if such automobile has not been tested by the NHTSA under the New Car Assessment Program, or safety ratings for such automobile have not been assigned in one or more rating categories.
(Sec. 4173) Directs the Administrator of the NHTSA to: (1) conduct a rulemaking to increase utilization of child dummies (including Hybrid-III child dummies) in motor vehicle safety tests, including crash tests, conducted by the NHTSA; and (2) initiate the development of a biofidelic child crash test dummy capable of measuring injury forces in a simulated rollover crash.
Directs the Secretary to: (1) implement a consumer information program concerning child safety in rollover crashes and make information regarding such program available to the public; (2) report to Congress on the effectiveness of current and emerging technologies (including auto-reverse functions and child-safe window switches) to prevent and reduce the number of injuries and deaths to children left unattended inside parked motor vehicles, including injuries and deaths that result from hypothermia or are related to power windows or power sunroofs, including any emerging technologies to improve the performance of safety belts with respect to the safety of occupants aged between four and eight years old; (3) complete the rulemaking initiated by the NHTSA that relates to a requirement that window switches be designed to reduce the accidental closing by children of power windows, and issue performance-based regulations to take effect no later than September 1, 2006, requiring that window switches or related technologies be designed to prevent the accidental closing by children of power windows; and (4) establish a new database of, and collect data regarding, injuries and deaths in nontraffic, noncrash events involving motor vehicles.
(Sec. 4174) Amends Federal criminal law to set forth both civil and criminal penalties for a person who provides for the sale of a traffic signal preemption transmitter to unauthorized users, or who is an unauthorized user in possession of such transmitter.
(Sec. 4175) Directs the Secretary to conduct a study, and report the results to Congress, on the effects of increased speed limits enacted by States after 1995.
Subtitle B: Motor Carrier Safety and Unified Carrier Registration - Motor Carrier Safety Reauthorization Act of 2004 - (Sec. 4202) Directs the Secretary to complete certain reports, studies, and rulemaking proceedings to issue regulations.
(Sec. 4221) Sets forth a minimum guarantee for authorization of appropriations for motor carrier safety.
(Sec. 4222) Authorizes appropriations from the HTF (other than the Mass Transit Account) for FY 2004 through 2009 for: (1) administrative expenses of the Federal Motor Carrier Safety Administration (FMCSA) (earmarking amounts for a certain medical program); and (2) FMCSA grant programs, including border enforcement grants, performance and registration information system management grants, commercial driver's license and driver improvement program grants, and deployment of the Commercial Vehicle Informations Systems and Networks.
(Sec. 4223) Revises State motor carrier safety plans to include: (1) that the State implement performance-based activities for commercial vehicles of passengers and freight; (2) that inspections of motor carriers of passengers are conducted at stations, terminals, border crossings, or maintenance facilities, except in the case of an imminent or obvious safety hazard; (3) that the State will include in the training manual for the licensing examination to drive a non-commercial motor vehicle and a commercial motor vehicle, information on best practices for driving safely in the vicinity of commercial motor vehicles and in the vicinity of noncommercial vehicles, respectively; and (4) that the State will enforce motor carrier registration requirements by suspending the operation of any vehicle discovered to be operating without registration or beyond the scope of its registration.
Revises activities that State motor carrier safety grants can be used for to include documented enforcement of State traffic laws and regulations designed to promote commercial motor vehicle safety against noncommercial motor vehicles.
Authorizes appropriations from the HTF (other than the Mass Transit Account) for FY 2004 through 2009 for grants to States for commercial motor carrier safety (earmarking amounts to States for safety performance incentive programs and for audits of new entrant motor carriers).
Authorizes the Secretary to make a grant in a fiscal year to a State that shares a border with another country for carrying out border commercial motor vehicle safety programs and related enforcement activities and projects.
Authorizes the Secretary to make a grant to: (1) a State in a fiscal year to improve its implementation of the commercial driver's license (CDL) program, provided certain requirements are met by the State; and (2) a State agency, local government, or organization representing government agencies or officials for the full cost of research, development, demonstration projects, public education, or other special activities and projects relating to CDL and motor vehicle safety that are of benefit to all jurisdictions or designed to address national safety.
(Sec. 4224) Directs the Secretary to convene a working group to study and address current impediments and foreseeable challenges to the CDL program's effectiveness and measures needed to realize the full safety potential of the CDL program. Requires the Secretary to report to specified congressional committees on the working group's findings and recommendations for legislative, regulatory, and enforcement changes to improve the CDL program.
Authorizes appropriations for FY 2004 and 2005.
(Sec. 4225) Revises provisions limiting an individual who operates a commercial motor vehicle to having only one license at any time to also limit such individual to having only one learner's permit.
Revises Federal CDL minimum standards to require an individual before a CDL's permit can be issued to them to pass a written test on the operation of a commercial motor vehicle that complies with certain minimum fitness standards.
(Sec. 4226) Provides for the judicial review of actions of the Administrator of the FMCSA in carrying out a duty transferred to the Administrator under the DOT Act (Public Law 89-670).
(Sec. 4227) Subjects a motor carrier, broker, freight forwarder, or owner or operator of a commercial motor vehicle who fails to to allow the Secretary to inspect records or examine property to a civil penalty.
(Sec. 4228) Establishes a Medical Review Board to serve as an advisory committee to provide the FMCSA with medical advice and recommendations on driver qualification medical standards and guidelines, medical examiner education, and medical research. Directs the Secretary to to establish, review, and revise medical standards for applicants for and holders of CDLs to ensure that the physical condition of operators of commercial motor vehicles is adequate to enable them to operate their vehicles safely.
(Sec. 4229) Directs the Secretary to revise the final rule to allow individuals who use insulin to treat their diabetes to operate commercial motor vehicles in interstate commerce. Prohibits the Secretary from requiring individuals to have experience operating commercial motor vehicles while using insulin in order to qualify to operate a commercial motor vehicle in interstate commerce.
(Sec. 4230) Authorizes the Secretary to require private motor carriers (not for compensation) that transport passengers or property to file with the Secretary evidence of minimum levels of financial responsibility for bodily injury to, or death of, an individual resulting from the negligent operation, maintenance, or use of motor vehicles, or for loss or damage to property, or both.
(Sec. 4231) Increases civil penalties for persons who: (1) fail to make, or falsely prepare, a required report to the Secretary; (2) violate certain requirements regarding qualifications and maximum hours of service of employees of, and safety of operation and equipment of, a motor carrier, private motor carrier, or migrant worker motor carrier; and (3) operate a commercial motor vehicle and violate an out-of-service order.
(Sec. 4232) Eliminates provisions exempting certain commodity and service motor carrier transportation from the jurisdiction of the Secretary and the Surface Transportation Board.
(Sec. 4233) Revises safety fitness requirements for a owner or operator of a commercial motor vehicle that transports passengers and hazardous materials to prohibit such owner or operator that has been determined not fit to operate in interstate commerce from operating any commercial motor vehicle that affects interstate commerce until the Secretary determines that such owner or operator is fit. Sets forth similar requirements for determinations of unfitness by the State.
(Sec. 4234) Amends Federal criminal law to require a driver of a commercial motor vehicle to stop and submit to inspection of the vehicle, driver, cargo, and required records when directed to do so by an authorized FMCSA employee. Sets forth criminal penalties for a driver of a commercial motor vehicle that knowingly fails to stop for inspection or leaves the inspection site without authorization. Grants FMCSA employees the authority to direct a driver of a commercial vehicle to stop for inspection at or in the vicinity of an inspection site.
(Sec. 4235) Amends Federal transportation law to direct the Secretary to revoke (currently, authorizes suspension of) the registration of a motor carrier: (1) that has been prohibited from operating in interstate commerce for failure to comply with commercial motor vehicle safety fitness requirements; and (2) of passengers if the Secretary finds that such carrier has been conducting unsafe operations which are an imminent hazard to public health or property. Authorizes the Secretary to suspend or revoke a motor carrier's registration only after giving notice of the suspension or revocation to the registrant.
(Sec. 4236) Authorizes the Secretary to suspend, amend, or revoke any part of a motor carrier's registration if an officer of a motor carrier engages in a pattern or practice of avoiding compliance, or masking or concealing non-compliance, with commercial motor vehicle safety regulations.
(Sec. 4237) Directs the Secretary to establish and carry out a motor carrier and motor coach research and technology program. Authorizes the Secretary to to carry out research, development, technology, and technology transfer activities with respect to the causes, and means of reducing the number and severity, of accidents, injuries and fatalities involving commercial motor vehicles.
(Sec. 4238) Directs the Secretary to complete a review of certain Federal regulations that exempt commercial zones (excluding border commercial zones) from DOT and Surface Transportation Board regulations governing interstate commerce. Requires the Secretary to determine whether such exemptions should continue to apply, undergo revision, or be revoked. Requires the Secretary to report to specified congressional committees.
(Sec. 4239) Authorizes the Secretary to use certain funds to participate and cooperate in international activities to enhance motor carrier, commercial motor vehicle, driver, and highway safety by such means as exchanging information, conducting research, and examining needs, best practices, and new technology.
(Sec. 4240) Revises a certain performance and registration information system management program provision linking Federal motor carrier safety information systems with State commercial vehicle registration and licensing systems to enable a State to deny, suspend, or revoke the commercial motor vehicle registrations of a motor carrier or registrant that has been issued an operations out-of-service order by the Secretary. Requires a State, as a condition to participate in the program, to, among other things, cancel the motor vehicle registration and seize the registration plates of an employer found liable of knowingly allowing or requiring an employee to operate a commercial motor vehicle in violation of an out-of-service order.
Authorizes the Secretary to make a grant in a fiscal year to a State to implement the performance and registration information system management requirements.
(Sec. 4241) Directs the Secretary in order to advance the technological capability and promote the deployment of intelligent transportation system applications for commercial vehicle operations to carry out a commercial vehicle information systems and networks program to: (1) improve the safety and productivity of commercial vehicles; and (2) reduce costs associated with commercial vehicle operations and Federal and State commercial vehicle regulatory requirements. Directs the Secretary to make grants to eligible States for the core deployment of commercial vehicle information systems and networks. Authorizes the Secretary to make grants to eligible States, upon request, for the expanded deployment of commercial vehicle information systems and networks. Sets forth grant requirements.
(Sec. 4242) Authorizes the Secretary, through the NHTSA and the FMCSA, to undertake outreach and education initiatives (including the "Share the Road Safely" program) that may reduce the number of highway accidents, injuries, and fatalities involving commercial motor vehicles.
Authorizes appropriations for FY 2004 (with a prohibition on the use of such funds for the "Safety Is Good Business" program).
(Sec. 4243) Revises certain vehicle length limitation requirements to prohibit a State from enforcing a regulation of commerce that allows operation on the NHS (including the Interstate System) of a restricted property-carrying unit (trailer, semi-trailer, container, or other property-carrying unit that is longer than 53 feet) unless such unit is used exclusively for fire-fighting or is on a list of restricted property-carrying units that were authorized pursuant to State regulation and in actual and lawful operation on a regular or periodic basis on or before June 1, 2003.
(Sec. 4244) Revises certain property-carrying unit limitation requirements to prohibit a State from allowing on the NHS the operation of a commercial motor vehicle combination (except a vehicle or load that cannot be dismantled easily and that has been issued a special permit under applicable State law) with more than one property-carrying unit (not including the truck tractor) whose property-carrying units are more than: (1) the maximum combination trailer, semitrailer, or other type of length limitation allowed by law or regulation of that State on June 1, 2003; or (2) the length of the property-carrying units of those commercial motor vehicle combinations, by specific configuration, in actual and lawful operation on a regular or periodic basis (including continuing seasonal operation) in that State on or before June 1, 2003. Authorizes a commercial motor vehicle combination whose operation is not prohibited by the State to continue to operate on the NHS in the State only if in compliance with all State laws, regulations, limitations, and conditions, including routing-specific and configuration-specific designations and all other restrictions in force in the State on June 1, 2003. Declares that this section shall not prevent a State from further restricting or prohibiting the operation of a commercial motor vehicle combination, except that such restrictions or prohibitions shall be consistent with specified Federal width and access limitation requirements. Requires States to submit to the Secretary for publication a complete a list of State length limitations applicable to commercial motor vehicle combinations operating in the State on the NHS.
(Sec. 4245) Prohibits a foreign motor carrier from manufacturing for sale, selling, offering for sale, introducing or delivering for introduction in interstate commerce, or importing into the United States, a motor vehicle or motor vehicle equipment that does not comply with Federal motor vehicle safety standards. Applies certain certificate of compliance with Federal motor vehicle safety standards to foreign motor carriers who import motor vehicles or motor vehicle equipment into the United States.
(Sec. 4246) Prohibits commercial motor vehicle operators who are registered to operate in Mexico and Canada from operating a commercial motor vehicle transporting a hazardous material in U.S. commerce until the operator has undergone a background records check similar to the background records check required for commercial motor vehicle operators licensed in the United States to transport hazardous materials in commerce.
(Sec. 4247) Amends the National Highway System Designation Act of 1995 to provide that certain Federal maximum driving and on-duty time (hours-of-service) for drivers regulations may not apply to drivers of utility service vehicles. Prohibits a State, a political subdivision of a State, an interstate agency, or other entity consisting of two or more States from enacting or enforcing a law, rule, regulation, or standard that imposes requirements on a driver of a utility service vehicle that are similar to such regulations.
(Sec. 4248) Provides that the exemption from certain hours-of-service regulations for drivers transporting agricultural commodities or farm supplies for agricultural purposes shall apply to persons transporting agricultural commodities or farm supplies for agricultural purposes on and after enactment of this Act regardless of any action taken by the Secretary before enactment of this Act to determine whether granting of such exemption is not in the public interest and would have a significant adverse impact on the safety of commercial vehicles.
(Sec. 4249) Directs the Secretary to provide companies conducting pre-employment screening services for the motor carrier industry electronic access to commercial motor vehicle accident reports, inspection reports that contain no driver-related safety violations, and serious driver-related safety violation inspection reports that are contained in the Motor Carrier Management Information System.
(Sec. 4250) Directs the Inspector General for the DOT to audit the compliance reviews performed by the FMCSA in FY 2003 and report the results to specified congressional committees.
Unified Carrier Registration Act of 2004 - (Sec. 4263) Amends Federal transportation law to include motor private carriers providing transportation or service under Federal requirements requiring registration with the Secretary. Requires a motor carrier (except a motor private carrier) that is registered with the Secretary to provide transportation or service to file a bond with the Secretary.
(Sec. 4264) Directs the Secretary to issue regulations to establish an on-line Federal Unified Carrier Registration System to replace specified current systems. Requires the Unified Carrier Registration System to serve as a clearinghouse and depository of information, and identification of, all motor private carriers (including others) required to register with the DOT, including information with respect to the carrier's safety rating, compliance with required levels of financial responsibility, and compliance with certain State registration requirements. Mandates (currently, authorizes) the Secretary to establish a fee system for the Unified Carrier Registration System.
(Sec. 4265) Eliminates State registration requirements for motor carriers.
Establishes a Unified Carrier Registration Agreement (UCR Agreement) which shall govern the collection and distribution of registration and financial responsibility information provided and fees paid by motor carriers, motor private carriers, brokers, freight forwarders, and leasing companies. Establishes a Unified Carrier Registration Plan (UCR Plan) which shall be comprised of an organization of State, Federal and motor carrier industry representatives responsible for developing, implementing and administering the UCR Agreement. Declares that the UCR Plan shall be governed by a Board of Directors which shall determine the annual fees to be assessed carriers, leasing companies, brokers, and freight forwarders pursuant to the UCR Agreement.
Requires States to be eligible to participate in the UCR Plan or to receive revenues derived under the UCR Agreement to submit to the Secretary a plan: (1) identifying the State agency to administer the UCR Agreement; and (2) containing assurances that an amount at least equal to the revenue derived by the State from the UCR Agreement will be used for motor carrier safety programs, enforcement, and financial responsibility, or the administration of the UCR Plan and UCR Agreement.
(Sec. 4266) Prohibits a State, political subdivision of a State, interstate agency, or other political agency of two or more States from enacting or enforcing a law, rule, or regulation standard that requires a motor carrier, motor private carrier, freight forwarder, or leasing company to display any form of identification on or in a commercial motor vehicle, with specified exceptions.
(Sec. 4267) Authorizes amounts generated by the UCR Agreement and received by a State and used for motor carrier safety purposes to be included as part of the State's share (matching funds) not provided by the United States.
Subtitle C: Household Goods Movers - Household Goods Mover Oversight Enforcement and Reform Act of 2004 - (Sec. 4304) Amends Federal transportation law to require a carrier providing transportation for a shipment of household goods to give up possession of the household goods transported at the destination upon payment of the transportation charges.
(Sec. 4305) Requires a motor carrier providing transportation of household goods to: (1) provide to a prospective shipper a written estimate of all transportation charges (including a copy of the DOT publication FMCSA-ESA-03-005, or its successor edition or publication entitled "Ready to Move"); and (2) prepare a written inventory of all articles tendered and accepted by the motor carrier for transportation.
(Sec. 4306) Declares that a carrier's maximum liability for household goods that are lost, damaged, destroyed, or otherwise not delivered to the final destination shall be an amount equal to the replacement value of the goods.
(Sec. 4307) Revises dispute settlement program for household goods carriers provisions to prohibit a carrier from requiring a shipper of household goods to agree to use arbitration as a means to settle a dispute. Sets forth certain dispute settlement requirements, including that arbitration shall be binding: (1) on the parties if a dispute with the carrier providing transportation of household goods involves a claim that is not more than $10,000 and the shipper requests arbitration; or (2) on the parties involving a claim that is for more than $10,000 and the shipper requests, and the carrier agrees to, arbitration.
(Sec. 4308) Provides that Federal regulation of the transportation of household goods shall not preempt State regulation of intrastate transportation of household goods. Provides for the enforcement of federal laws and regulations with respect to the interstate transportation of household goods.
(Sec. 4312) Establishes a consumer complaint system and data base with respect to shipper complaints that relate to motor carrier transportation of household goods.
(Sec. 4313) Directs the Surface Transportation Board to complete a review of current Federal regulations regarding the level of liability protection provided by motor carriers that provide transportation of household goods and revise such regulations, if necessary, to provide enhanced protection in the case of loss or damage.
(Sec. 4314) Establishes cviil and criminal penalties for: (1) a broker that makes an estimate of the cost of transporting household goods before entering into an agreement with a motor carrier; (2) a person who provides transportation of household goods or provides broker services for such transportation without registering with the Secretary; and (3) failure of a mover to give up possession of household goods.
(Sec. 4317) Sets forth additional registration requirements for motor carriers of household goods, including authorizing the Secretary to register a person to provide transportation of household goods only after the person: (1) provides evidence of participation in an arbitration program; (2) identifies its tariff; (3) provides evidence that it will observe all consumer protection laws; and (4) discloses relationships involving common stock, common ownership, common management, or common familial relationships with other motor carriers, freight forwarders, or broker of household goods within the past three years.
Subtitle D: Hazardous Materials Transportation Safety and Security - Hazardous Material Transportation Safety and Security Reauthorization Act of 2004 - (Sec. 4423) Expands the scope of Federal safe transportation of hazardous materials regulations to include persons who: (1) design or inspect a packaging or packaging component that is represented as qualified for use in transporting hazardous material in commerce; (2) prepare or accepts hazardous material for transportation in commerce; (3) are responsible for the safety of transporting hazardous material in commerce; (4) certify compliance with any requirement under such regulations; (4) misrepresent whether they are engaged in such activities; or (5) perform any other act or function relating to the transportation of hazardous material in commerce.
(Sec. 4424) Replaces the Secretary with the Secretary of Homeland Security with respect to provisions governing the issuance of hazmat licenses for the transportation of hazardous materials.
Directs the Secretary of Health and Human Services to recommend to the Secretary of Homeland Security any chemical or biological material or agent for regulation as a hazardous material if the Secretary of Health and Human Services determines that such material or agent is a threat to the national security of the United States.
(Sec. 4426) Repeals provisions requiring the inspection of motor vehicles used to transport a highway-route-controlled quantity of radioactive material in commerce for compliance with Federal motor carrier safety laws.
(Sec. 4428) Authorizes the Secretary of Homeland Security to require persons who design or inspect a package or packaging component that is represented as qualified for use in transporting hazardous material in commerce to file a registration statement with the Secretary of Homeland Security. Prohibits such persons from designing or inspecting such package or packaging component for use in transporting such material if such statement is not filed with the Secretary of Homeland Security. Mandates (currently, authorizes) the Secretary of Homeland Security to establish, impose, and collect a fee from persons required to file such statements. Sets a maximum amount of $2,000 (currently, $5,000) that the Secretary of Homeland Security can impose and collect as an annual fee from persons required to file a registration statement.
(Sec. 4429) Requires the person who provides the shipping paper and is offering for transportation in commerce hazardous material, and the carrier required to keep it, to retain the paper, or an electronic format of it, for three years after the shipping paper is provided to the carrier, with the paper and format accessible through their respective principal places of business.
(Sec. 4430) Repeals certain provisions regarding the use of rail tank cars for the transportation of hazardous materials.
(Sec. 4432) Subjects owners and operators transporting hazardous materials who have been determined not fit to operate in interstate commerce to certain civil penalties.
(Sec. 4434) Revises certain provisions to: (1) require the Secretary of Homeland Security to provide a curriculum to train public public sector emergency response and preparedness teams in matters relating to the transportation of hazardous material; (2) establish an Emergency Preparedness Fund for planning and training grants to States and Indian tribes to train public sector employees to respond to accidents and incidents involving hazardous material; (3) authorize the Secretary of Homeland Security to issue, modify, or terminate a special permit authorizing variances with respect to the transportation of hazardous materials, or regulations regarding the safe transportation of such materials, to a person performing a function related to the safe transportation (including security) of hazardous materials in intrastate, interstate, and foreign commerce; (4) authorize the Secretary of Homeland Security to prescribe regulations to establish uniform forms and regulations for States to register and issue permits to persons that transport or cause to be transported hazardous material by motor vehicles and to permit the transportation of hazardous material in a State; (5) set forth the general authority of the Secretary of Homeland Security with respect to the transportation of hazardous material, including to issue emergency orders with respect to violations of safe transportation of hazardous material regulations, enter into grants, cooperative agreements, and other transactions with a person, agency, State or local government, Indian tribe, foreign government, educational institution, or other entity to expand risk assessment and emergency response capabilities with respect to the security of transportation of hazardous material, or to conduct research, development, demonstration, risk assessment and emergency response planning and training activities; (6) authorize the Secretary of Homeland Security to disclose security sensitive information if it is determined such information may reveal a vulnerability of a hazardous material to attack during transportation in commerce, or may facilitate the diversion of hazardous material during transportation in commerce for use in an attack on people or property; (7) increase the maximum civil penalty for persons who knowingly violate safe transportation of hazardous material regulations, or special permit or approval issued pursuant to such regulations, to $100,000 per violation; (8) set forth both civil and criminal penalties for persons who knowingly and willfully violate such regulations, or special permit or approval, and thereby cause the release of hazardous material; (9) direct the Secretary of Homeland Security to achieve uniform regulation of the transportation of hazardous material and otherwise promote the safe and efficient movement of hazardous material in commerce; (10) provide that laws, regulations, orders, or other requirements of a State or Indian tribe concerning the manufacturing, designing, inspecting, testing, reconditioning, or repairing of a packaging or packaging component that is represented as qualified for use in transporting hazardous material in commerce that are not substantively the same as Federal laws or regulations concerning such matter are preempted by such Federal laws and regulations; and (11) authorize a person who has been adversely affected by a final action of the Secretary of Homeland Security with respect to safe transportation of hazardous material regulations to petition the U.S. court of appeals for the judicial review of such actions.
(Sec. 4446) Authorizes appropriations for FY 2004 through 2007 for: (1) the Secretary of Homeland Security to carry out Federal safe transportation of hazardous material regulations; (2) the Emergency Preparedness Fund; and (3) the Secretary of Transportation for the use of the Bureau of Transportation Statistics with respect to certain reports on the transportation of hazardous material.
(Sec. 4461) Authorizes the Administrator of the DOT's Research and Special Programs Administration to enter into grants, cooperative agreements, and other transactions with Federal agencies, State and local government, other public entities, private organizations, and other persons to conduct research into transportation service and infrastructure assurance and other Administration research activities.
(Sec. 4462) Amends Postal Service provisions to require the U.S. Postal Service to prescribe regulations for the safe transportation of hazardous material in the mails. Prohibits a person from: (1) mailing or causing to be mailed hazardous material in violation of a U.S. statute or Postal Service regulation that declares such material nonmailable, or that restricts the time, place, or manner in which the hazardous material may be mailed; or (2) manufacturing, distributing, or selling any container, packaging kit, or similar device that is represented by such person for use in the mailing of hazardous material and fails to conform to Postal Service regulations setting forth standards for such devices used for the mailing of hazardous material. Sets forth civil penalties for persons who knowingly violate such requirements.
(Sec. 4464) Authorizes the Secretary to establish, in coordination with the Secretary of Homeland Security, a program of random inspections of cargo at points of entry into the United States in order to determine the extent to which undeclared hazardous material is being offered for transportation in commerce through such entry points.
(Sec. 4465) Directs the Administrator of the DOT's Research and Special Programs Administration to transmit current hazardous material registrant information to the FMCSA to cross reference the registrant's Federal motor carrier registration number, and notify the FMCSA immediately, and provide a registrant's DOT identification number to the FMCSA, whenever a new registrant registers to transport hazardous materials as a motor carrier.
(Sec. 4466) Requires the Secretary to complete an assessment of the costs and benefits of subjecting persons who reject hazardous material for transportation in commerce to Federal hazardous materials laws and regulations.
Sanitary Food Transportation Act of 2004 - (Sec. 4482) Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary of Health and Human Services to require shippers, motor vehicle or rail vehicle carriers, receivers, and other persons engaged in the transportation of food to use sanitary transportation practices prescribed by the Secretary of Health and Human Services to avoid the adulteration of food.
(Sec. 4483) Revises sanitary food transportation provisions to require the Secretary, in consultation with the Secretary of Health and Human Services and the Secretary of Agriculture, to establish procedures for transportation safety inspections in order to identify suspected incidents of contamination or adulteration of food, meat, and poultry products and to train DOT personnel in the appropriate use of the procedures. Requires the Secretary to promptly notify the Secretaries of Health and Human Services and of Agriculture of instances of potential food contamination or adulteration of a food identified during transportation safety inspections.
Subtitle E: Recreational Boating Safety Programs - Sport Fishing and Recreational Boating Safety Act - (Sec. 4522) Amends Federal law to make authorization of appropriations from the Sport Fish Restoration Account for each fiscal year available during the succeeding fiscal years. Makes funds from the Account that are unexpended by the States available to supplement the annual appropriation of such funds that are apportioned to the States for recreational boating safety programs.
(Sec. 4523) Authorizes appropriations for FY 2004 through 2009 for: (1) coastal wetlands; (2) boating safety; (3) certain waste water treatment projects with regard to the discharge of waste from vessels; (4) grants to States to pay the cost of the State to construct, renovate, or maintain facilities for transient nontrailerable recreational vessels; (5) the National Outreach and Communications Program; and (6) a set-aside for administrative expenses related to carrying out fish restoration and management projects. Transfers certain unobligated funds to the Secretary of Homeland Security for State recreational boating safety programs.
(Sec. 4524) Makes unobligated funds to States for the acquisition, development, renovation, or improvement of facilities that create public access to U.S. waters to improve the suitability of such waters for recreational boating purposes and funds to Puerto Rico, the District of Columbia, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Virgin Islands for fish restoration and management projects available to to supplement the annual appropriation of funds that are apportioned to States for recreational boating safety programs.
(Sec. 4528) Earmarks a certain percentage of funds from the Account for FY 2004 through 2009 for sport fish restoration projects under the multistate conservation grant program.
(Sec. 4541) Amends the Clean Vessel Act of 1992 to eliminate the requirement that the Secretary of the Interior give priority consideration to grant applications that in coastal States propose constructing and renovating pumpout stations and waste reception facilities in accordance with a coastal State's plan under the Clean Vessel Act of 1992.
(Sec. 4561) Amends Federal law to limit the amount received by a State for recreational boating safety programs to no more than 75 percent (currently, one-half) of the total cost incurred by the State in developing, carrying out, and financing that State's recreational boating safety program.
(Sec. 4562) Declares that amounts allocated to States for recreational boating safety programs: (1) shall be available for obligation for a period of three years; and (2) that are not obligated at the end of the three-year period shall be withdrawn and allocated in addition to any other amounts available for allocation in the fiscal year in which they are withdrawn or the following fiscal year.
(Sec. 4564) Sets forth provisions to require the amount allocated to a State for the State's recreational boating safety program be reduced if the usual amount expended by the State for its recreational boating safety program for the previous fiscal year is less than the average of the total expended for the three fiscal years immediately preceding that previous fiscal year.
Subtitle F: Rail Transportation - (Sec. 4601) Amends Federal rail transportation law to authorize appropriations for FY 2004 through 2009 for Amtrak for operating expenses.
(Sec. 4602) Establishes the Build America Corporation to support through proceeds from the sale of bonds qualified projects proposed by a State, including highway projects, transit system projects, railroad projects, airport projects, port projects, and inland waterways projects.
Railroad Track Modernization Act of 2004 - (Sec. 4632) Directs the Secretary to establish a program of capital grants to class II and Class III railroads ( or with the concurrence of such railroads, to a State or local government) to rehabilitate, preserve, or improve railroad track ( including roadbed, bridges, and related track structures) used primarily for freight transportation to a standard ensuring that it can be operated safely and efficiently and accommodate 286,000 pound rail cars.
Authorizes the Secretary to make grants to supplement direct loans or loan guarantees to State and local governments and railroads to acquire and rehabilitate, or develop or establish new, intermodal or rail equipment or facilities.
Sets forth certain employee protection and prevailing wage requirements with respect to projects financed by such grants.
Directs the Secretary to study and report to Congress on such projects to determine the public interest benefits associated with the light density railroad networks in the States and their contribution to a multimodal transportation system.
Authorizes appropriations for FY 2004 through 2006.
(Sec. 4661) Amends Federal highway law to direct the Secretary to carry out a grant program to provide financial assistance to States for up to 90 percent of the cost of local rail line relocation projects.
Authorizes appropriations for FY 2004 through 2008.
(Sec. 4662) Authorizes congestion mitigation and air quality improvement program funds made available to Maine to be used to support, through December 15, 2006, the operation of passenger rail service between Boston, Massachusetts, and Portland, Maine.
Title V: Highway Reauthorization and Excise Tax Simplification - (Sec. 5000) Highway Reauthorization and Excise Tax Simplification Act of 2004 - Subtitle A: Trust Fund Reauthorization - Amends the Internal Revenue Code to extend until September 30, 2009: (1) the authority to make expenditures from the Highway Trust Fund for certain Federal-aid highway programs; (2) the authority to make expenditures from the Mass Transit Account; (3) the exception for prior obligations to the limitation on transfers to the Highway Trust Fund; (4) the authority to make certain expenditures from the Aquatic Resources Trust Fund; and (5) the exception for prior obligations to the limitation on transfers to the Aquatic Resources Trust Fund.
Extends until September 30, 2009: (1) the fuel tax on intercity, local, or school buses; (2) the reduced tax rates on special motor fuels; (3) the reduced tax rates on certain alcohol fuels produced from natural gas; (4) the tax on heavy trucks and trailers sold at retail; (5) the tax on tires; (6) the tax on gasoline, diesel fuel, and kerosene; (7) the use tax on certain heavy highway motor vehicles; (8) the period for floor stocks refunds for taxes on tires and certain taxable fuels; (9) exemptions from tax for certain tax-free sales and for use of certain heavy vehicles; and (10) authority for transfers of certain tax receipts to and from the Highway Trust Fund.
Extends through 2010 tax rates for qualified methanol and ethanol fuel produced from coal.
Prohibits expenditures from the Highway Trust Fund for certain rail projects, except projects for publicly owned rail facilities or any rail project yielding a public benefit.
Authorizes expenditures from the Highway Trust Fund: (1) to the Internal Revenue Service for certain highway use tax evasion projects; and (2) to the Federal Highway Administration to combat fuel tax evasion on the State level.
(Sec. 5002) Repeals: (1) authority for certain transfers of excise tax receipts from the Highway Trust Fund to the General Fund of the Treasury (effective March 31, 2004); and (2) the prohibition against interest-bearing obligations in the Highway Trust Fund.
(Sec. 5003) Extends from 24 to 48 months the period for estimating net highway tax receipts for purposes of adjusting apportionments to States for Federal highway-aid programs.
Subtitle B: Volumetric Ethanol Excise Tax Credit - (Sec. 5101) Volumetric Ethanol Excise Tax Credit Act of 2004 - Repeals provisions allowing reductions in the rates of excise tax for certain alcohol-blended fuels. Allows a credit against the higher excise tax rates for such fuels equal to the amount of the alcohol fuel mixture credit plus the biodiesel mixture credit (as defined by this Act). Terminates such credit after 2006.
Requires the registration of taxpayers who produce or import biodiesel or alcohol. Requires the Secretary of the Treasury to pay taxpayers who produce an alcohol or biodiesel fuel mixture in their trade or business a specified amount equal to the alcohol fuel mixture credit or biodiesel mixture credit with respect to such mixture.
Eliminates the requirement that certain amounts of excise taxes on alcohol fuels be withheld from the Highway Trust Fund and retained in the General Fund of the Treasury. Repeals provisions that reduce the amount of fuel taxes allocable to the Highway Trust Fund.
Extends the income tax credit for alcohol used as fuel through 2010.
(Sec. 5103) Allows a business income tax credit for biodiesel used as fuel. Terminates such credit after 2006.
Subtitle C: Fuel Fraud Prevention - (Sec. 5200) Fuel Fraud Prevention Act of 2004 - Part I: Aviation Jet Fuel - Revises rules for the taxation of aviation-grade kerosene. Provides that such fuel shall be taxed upon the removal of such fuel from a refinery or terminal, or entry into the United States (rather than upon sale of such fuel). Retains current tax rates on such fuel, including reduced rates for fuel which is removed from any refinery or terminal directly into the fuel tank of a commercial aircraft or is removed as part of an exempt bulk transfer. Sets forth revised rules for refunds of tax on aviation-grade kerosene to ultimate, registered vendors of such fuel.
(Sec. 5212) Requires annual payments from the Airport and Airway Trust Fund into the Highway Trust Fund of amounts attributable to fuel used primarily for highway transportation purposes. Requires 11 percent of such amounts paid into the Highway Trust Fund to be paid to the Mass Transit Account.
Part II: Dyed Fuel - (Sec. 5221) Changes the dyeing process for the diesel fuel and kerosene tax exemption from manual to mechanical injection. Requires the Secretary to issue regulations on mechanical dye injection systems, including making such systems tamper resistant. Imposes a penalty for tampering with a mechanical dye injection system of the greater of $25,000 or $10 for each gallon of fuel involved. Imposes a penalty on the operator of a mechanical dye injection system of $1,000 for each failure to maintain security standards and $1,000 for each day such operator fails to correct a violation.
(Sec. 5222) Denies an administrative appeal (except for fraud or mistake in the chemical analysis of a dyed fuel or calculation of the penalty) for taxpayers who have two prior violations for selling dyed fuel for a taxable use.
(Sec. 5223) Subjects to the penalty for sales of dyed fuel for taxable uses a person who has knowledge that a dyed fuel has been altered and who sells such fuel for a taxable use.
(Sec. 5224) Revises rules relating to the exemption from tax on diesel fuel for school buses and intracity transportation and for refunds for use of diesel fuel in certain intercity buses.
Part III: Modification of Inspection of Records Provisions - (Sec. 5231) Authorizes the Secretary to inspect any books, records, and shipping papers pertaining to taxable fuels (i.e., gasoline, diesel fuel, and kerosene) at locations where such fuels are produced or stored. Imposes a penalty for refusing Internal Revenue Service (IRS) agents entry for inspection.
Part IV: Registration and Reporting Requirements - (Sec. 5241) Extends the bulk transfer exemption from taxable fuels to registered pipeline or vessel operators. Imposes a penalty for the intentional transfer of any taxable fuel in bulk to an unregistered individual.
(Sec. 5242) Requires every operator of a vessel who is required to register for the bulk transfer exemption to display proof of registration through a prescribed electronic identification device on each vessel used by such operator to transport any taxable fuel. Imposes a penalty on an operator for $500 for each failure to display proof of registration, with increased penalties for multiple violations. Allows penalties to be waived upon a showing that the failure was due to reasonable cause.
(Sec. 5243) Requires registration of certain operators of terminals or refineries within a foreign trade zone or within a customs bonded storage facility.
(Sec. 5244) Increases to $10,000 certain civil and criminal penalties for failure to register or for falsely representing registration status with respect to a taxable fuel. Imposes penalties for failure to register and to report required information with respect to the excise tax on special fuels, petroleum products, and aviation fuels.
(Sec. 5245) Directs the Secretary to require taxpayers claiming certain tax benefits with respect to alcohol fuels to file informational returns.
(Sec. 5246) Requires taxpayers with 25 or more reportable monthly transactions with respect to taxable fuels to file informational returns in an electronic format.
Part V: Imports - (Sec. 5251) Imposes fuel excise taxes at time and point of entry for unregistered importers of taxable fuels. Empowers the Secretary to seize fuel on which tax is due or detain any vehicle transporting such fuel until such tax is paid or a bond is filed. Authorizes the Secretary of Homeland Security to deny entry into the United States of shipments of taxable fuels on which tax has not been paid or a bond has not been posted.
(Sec. 5252) Amends the Trade Act of 2002 to direct the Secretaries of Homeland Security and the Treasury to promulgate regulations for sending to the IRS, through an electronic data interchange system, information pertaining to cargo of taxable fuels destined for importation into the United States prior to such importation.
Part VI: Miscellaneous Provisions - (Sec. 5261) Redefines "diesel fuel" to include any liquid which is sold as or offered for sale as a fuel in a diesel-powered highway vehicle or a diesel-powered train.
(Sec. 5262) Limits ultimate vendor claims for tax refunds for sales of diesel fuel or kerosene used on a farm for farming purposes to amounts of not more than 500 gallons per claim period.
(Sec. 5263) Revises rules for refunds of excise tax on taxable fuels sold to State and local governments and nonprofit educational organizations to provide that a registered vendor of taxable fuels shall be treated as the ultimate vendor for purposes of claiming refunds of tax. Grants ultimate vendor status to credit card lenders for credit card purchases of diesel fuel or kerosene by State and local governments.
(Sec. 5264) Exempts the delivering person from liability for fuel excise tax in two-party exchanges. Defines "two-party exchanges" for purposes of this exemption.
(Sec. 5265) Allows for the proration of the use tax on heavy vehicles (weighing more than 55,000 pounds) that are sold before the end of a taxable period. Repeals provisions allowing installment payments of such use tax. Requires display of an electronic identification device to indicate payment of the heavy vehicle use tax and electronic filing for a taxpayer with 25 or more heavy vehicles. Repeals the reduced tax rate allowed to Canadian and Mexican heavy vehicles.
(Sec. 5266) Dedicates penalties created or increased by this Act to the Highway Trust Fund.
(Sec. 5267) Excludes from the export exemption for certain excise taxes the delivery of a taxable fuel into a fuel tank of a motor vehicle shipped or driven out of the United States.
Part VII: Total Accountability - (Sec. 5271) Imposes the gasoline excise tax on reportable liquids. Defines "reportable liquids" as any petroleum-based liquid other than a taxable fuel.
(Sec. 5272) Directs the Secretary to require monthly tax returns for taxpayers liable for the excise tax on petroleum products (i.e. gasoline, diesel fuel, kerosene, and aviation fuel).
(Sec. 5273) Requires information reporting for taxable fuels removed, entered, or transferred from any a registered refinery, pipeline, or vessel.
Subtitle D: Definition of Highway Vehicle - (Sec. 5301) Exempts mobile machinery from the excise tax on heavy trucks sold and trailers sold at retail, the heavy vehicle use tax, and the tax on tires. Establishes a design-based test and a use-based test (less than 5,000 miles use on public highways per year) to determine whether certain equipment qualifies as mobile machinery for purposes of the tax exemption. Allows refunds of taxes paid on exempt mobile machinery on an annual basis only.
(Sec. 5302) Defines "off-highway vehicle" for purposes of exemptions from certain fuel excise taxes.
Subtitle E: Excise Tax Reform and Simplification - Part I: Highway Excise Taxes - (Sec. 5401) Requires the transfer to the Highway Trust Fund of receipts from the tax on certain automobiles that achieve a fuel economy rate of less than 22.5 (gas guzzlers). Exempts limousines over 6,000 pounds from such tax.
(Sec. 5402) Repeals the special fuels excise tax on diesel fuel used in trains. Repeals the deficit reduction rate for the tax on fuel used in commercial transportation on inland waterways.
Part II: Aquatic Excise Tax - (Sec. 5411) Eliminates the Aquatic Resources Trust Fund and phases-out transfers of motorboat fuel and gasoline taxes into the Boat Safety Account. Establishes a Sport Fish Restoration Trust Fund.
(Sec. 5412) Provides that a sonar device suitable for finding fish does not include an LED (light emitting diode) display, for purposes of the excise tax on recreational equipment.
(Sec. 5413) Exempts exported commercial cargo from the harbor maintenance excise tax.
(Sec. 5414) Limits the excise tax on sport fishing equipment to the lesser of ten percent or $10.00.
(Sec. 5415) Qualifies portable aerated bait containers for the reduced three percent excise tax rate on recreational equipment.
Part III: Aerial Excise Taxes - (Sec. 5421) Revises provisions relating to refunds of aviation fuel taxes for agricultural aerial applicators (i.e., crop dusters). Expands the exemption from the excise tax on air transportation of persons for forestry purposes to fixed-wing aircraft.
(Sec. 5422) Revises the definition of "rural airport" for purposes of the excise tax on air transportation to include an airport that is not connected by paved roads to another airport and that had fewer than 100,000 commercial passengers on flight segments of at least 100 miles during a specified period.
(Sec. 5423) Exempts certain air travel by seaplanes from the excise tax on air transportation of persons and cargo.
(Sec. 5424) Exempts certain aircraft operated for the sole purpose of sightseeing from the excise tax on air transportation.
Part IV: Alcoholic Beverage Excise Taxes - (Sec. 5431) Repeals the special occupational taxes on producers and marketers of alcoholic beverages. Revises provisions relating to recordkeeping requirements for wholesale and retail dealers in alcoholic beverages. Makes it unlawful for a liquor dealer to purchased distilled spirits for resale from any person other than a wholesale dealer in liquors who is required to keep prescribed records.
(Sec. 5432) Extends until January 1, 2006, the increased amount ($13.25 instead of $10.50) of excise tax on distilled spirits required to be paid back (covered) to the treasuries of Puerto Rico and the Virgin Islands. Requires the treasury of Puerto Rico to transfer a portion of the amount covered to the Puerto Rico Conservation Trust Fund.
Part V: Sport Excise Taxes - (Sec. 5441) Exempts from the firearms excise tax taxpayers who manufacture, produce, or import less than 50 articles a year. Treats controlled groups as a single person for purposes of the exemption.
(Sec. 5442) Modifies excise tax provisions on bows, arrows, and other archery equipment, including by increasing the minimum draw weight for a taxable bow from ten to 30 pounds. Imposes an excise tax of 12 percent on arrows.
(Sec. 5443) Treats Indian tribal governments as States for purposes of the excise taxes on wagering.
Part VI: Other Provisions - (Sec. 5451) Allows wholesalers of distilled spirits a business tax credit for the financing costs of the Federal excise tax on such spirits.
(Sec. 5452) Allows a business tax credit of $250 for each qualified commercial power takeoff vehicle owned by a taxpayer. Defines such a vehicle as a highway vehicle used in a trade or business for the production of income designed for the daily collection of refuse or recyclables from homes or businesses and for the delivery of ready mixed concrete. Terminates the credit after 2006.
(Sec. 5453) Allows a business tax credit of $250 for each qualified auxiliary power unit purchased by a taxpayer and installed on a qualified heavy-duty highway vehicle. Defines such a unit as any integrated system which: (1) provides heat, air conditioning, engine warming, and electricity to the factory installed components on a heavy-duty vehicle; (2) is employed to reduce long-term idling of the diesel engine on such vehicle; and (3) is certified by the Environmental Protection Agency as meeting current emission standards. Terminates the credit after 2006.
Subtitle F: Miscellaneous Provisions - (Sec. 5501) Establishes a Motor Fuel Tax Enforcement Advisory Commission to review motor fuel tax enforcement, collections, interagency cooperation, and other matters.
(Sec. 5502) Establishes a National Surface Transportation Infrastructure Financing Commission to study the revenues flowing into the Highway Trust Fund and other matters affecting Fund revenues.
(Sec. 5503) Directs the Secretary of the Treasury to submit a report to Congress on fuel tax enforcement.
(Sec. 5504) Authorizes an expenditure from the Highway Trust Fund for two comprehensive studies of supplemental or alternative funding sources for the Highway Trust Fund.
(Sec. 5505) Directs the Secretary to study the use of highway motor fuel by trucks for non-transportation purposes.
(Sec. 5506) Directs the Delta Regional Authority to conduct a study of the transportation assets and needs in Alabama, Arkansas, Illinois, Kentucky, Louisiana, Mississippi, Missouri, and Tennessee (the Delta Region) and to establish a regional strategic transportation for the Delta Region. Authorizes appropriations.
(Sec. 5507) Increases from $100 to $120 the monthly amount of the tax exclusion for employer-paid commuting expenses.
(Sec. 5508) Directs the Comptroller General to conduct a study of biodiesel fuels and the tax credit for biodiesel fuels established under this Act.
Subtitle G: Revenue Offsets - Part I: Limitation on Expensing Certain Passenger Automobiles - (Sec. 5601) Allows a current year tax deduction (expensing) of $25,000 for certain sport utility vehicles.
Part II: Provisions Designed to Curtail Tax Shelters - (Sec. 5611) Sets forth general rules for the application of the economic substance doctrine, including special rules for transactions with tax-indifferent parties.
(Sec. 5612) Imposes a new penalty for failure to report a transaction that has a potential for tax avoidance or evasion (reportable transaction) or that has been specifically identified as a tax avoidance transaction (listed transaction) and doubles the penalty for noncompliance by a large entity (gross receipts in excess of $10 million) or a high net worth individual. Grants the Commissioner of Internal Revenue discretion to rescind all or a portion of the penalty under certain conditions.
(Sec. 5613) Imposes a 20 percent penalty for understatements of tax resulting from certain tax shelter transactions and an increased penalty (30 percent) for failure to adequately disclose such transactions.
(Sec. 5614) Imposes a penalty of 40 percent (20 percent if there has been adequate disclosure) of the understatement of tax attributable to transactions lacking economic substance.
(Sec. 5615) Modifies the definition of substantial understatement of tax for corporations other than S corporations or personal holding companies to mean the lesser of ten percent of the tax required to be shown or $10 million.
(Sec. 5616) Expands the denial of privilege for communications between a tax practitioner and a corporate client to include any individual involved in tax shelter activity.
(Sec. 5617) Revises the requirements for registration of tax shelters to require material advisors of tax shelter activities to disclose information identifying and describing the tax shelter transaction and the potential tax benefits from such transaction. Requires material advisors to keep lists of taxpayers to whom they have provided tax shelter advice. Denies a claim of privilege as to the identity of any person on such lists.
(Sec. 5618) Revises provisions for registration of tax shelters to impose a penalty for failure to file an informational return or for filing false or incomplete information with respect to tax shelter activities.
(Sec. 5619) Imposes a daily penalty of $10,000 on material advisors who fail to disclose lists of tax shelter investors. Allows a waiver of such penalty upon a showing of reasonable cause.
(Sec. 5620) Expands the authority of the Secretary to seek an injunction against material advisors who fail to comply with requirements for the registration of tax shelters and the maintenance of lists of tax shelter investors.
(Sec. 5621) Revises the standards for determining the liability of a taxpayer for an understatement of tax by an income tax return preparer. Increases the penalties for such understatements.
(Sec. 5622) Increases the penalty for failure to report interests in foreign financial accounts. Allows an exemption from the penalty if the violation was due to reasonable cause and was not willful.
(Sec. 5623) Increases the penalty for frivolous tax returns and expands the penalty to include certain frivolous submissions (e.g., requests for hearings, installment agreements, or offers in compromise) to the IRS. Allows a taxpayer to withdraw a frivolous submission within 30 days without penalty.
(Sec. 5624) Authorizes the Secretary to censure and fine an incompetent or disreputable tax advisor who practices before the Department of the Treasury.
(Sec. 5625) Increases the penalty for promoting abusive tax shelters to 50 percent of the gross income derived (or to be derived) from tax shelter transactions for transactions involving false or fraudulent statements.
(Sec. 5626) Extends the limitation on the period for assessment of tax in cases where a taxpayer fails to disclose required information about a tax shelter transaction to one year after required disclosures are made.
(Sec. 5627) Prohibits a tax deduction for interest paid on any underpayment of tax attributable to nondisclosed reportable transactions and noneconomic substance transactions.
(Sec. 5628) Authorizes appropriations for the purpose of carrying out tax law enforcement to combat tax avoidance transactions and other tax shelters, including the use of offshore financial accounts to conceal taxable income.
Part III: Other Corporate Governance Provisions - (Sec. 5631) Authorizes the Secretary to issue consolidated return regulations that treat corporations filing consolidated returns differently than corporations filing separate returns.
(Sec. 5632) Requires corporate tax returns to include a declaration by the chief executive officer (CEO), under penalty of perjury, that the return complies with the Internal Revenue Code and that the CEO was provided reasonable assurance of the accuracy of all material aspects of the return.
(Sec. 5633) Confirms the nondeductibility of fines for violations of law or costs incurred in an investigation of a potential violation of law. Allows a tax deduction for restitution payments, court-ordered payments to certain nongovernmental regulatory agencies, and for amounts paid or incurred as taxes due.
(Sec. 5634) Prohibits a tax deduction for amounts paid as punitive damages, with exceptions for a wrongful death action and certain other cases. Includes in gross income amounts paid by insurance as punitive damages.
(Sec. 5635) Increases the criminal penalties for attempts to evade or defeat tax, for willful failure to file tax returns, and for fraud and making false statements on tax returns.
(Sec. 5636) Doubles civil penalties and interest for taxpayers who were eligible for either the Department of the Treasury Offshore Voluntary Compliance Initiative or the voluntary disclosure program for reporting underpayment of tax from certain offshore financial arrangements, but who did not participate in either program.
Part IV: Enron-Related Tax Shelter Provisions - (Sec. 5641) Limits the basis of certain corporate property acquired by the issuance of stock or as paid-in-surplus and for which there is the importation of net built-in loss to the property's fair market value immediately after the transfer of such property.
(Sec. 5642) Prohibits an allocation of any decrease in the adjusted basis of partnership property to stock in a corporation which is a partner.
(Sec. 5643) Repeals provisions governing the taxation of Financial Asset Securitization Investment Trusts (FASITS).
(Sec. 5644) Expands the disallowance of tax deductions for interest paid on disqualified debt instruments of corporations to provide that if such instruments are payable in equity held by the issuer (or any related party) in any other person (other than a related party), the basis of such equity shall be increased by the amount disallowed as a deduction to include interest paid on corporate debt that is payable in, or by reference to, the value of any equity held by the issuer of the debt instrument, or any related party.
(Sec. 5645) Expands the authority of the Secretary to disallow tax benefits obtained through certain acquisitions of corporate assets made for the principal purpose of evading or avoiding Federal income tax.
(Sec. 5646) Amends provisions affecting passive foreign investment companies to state that the term "qualified portion" (of a shareholder's holding period) does not include any period if the earning of Controlled Foreign Income by such corporation during such period would only result in a remote likelihood of an inclusion in gross income.
Part V: Provisions to Discourage Expatriation - (Sec. 5651) Sets forth rules for the tax treatment of inverted corporate entities. Provides that a foreign incorporated entity shall be treated as an inverted domestic corporation if pursuant to a series of planned transactions the entity completes after March 20, 2002, the acquisition of substantially all of the properties held by a domestic corporation or a domestic partnership and after the acquisition at least 80 percent of the stock of the entity is held by former shareholders of the domestic corporation (or equivalent ownership of assets of a domestic partnership). Treats inverted domestic corporations as domestic corporations for tax purposes.
(Sec. 5652) Sets forth tax rules for U.S. citizens and permanent resident aliens (expatriates) who terminate their citizenship or residency for the purpose of avoiding U.S. taxation. Subjects expatriates to a tax on the net unrealized gain of property sold or transferred based upon the fair market value of such property as of the day before expatriation. Exempts from this tax the first $600,000 of the value of such property ($1.2 million for joint returns). Provides for an inflation adjustment of the exemption amount.
Permits expatriates to elect to continue to be taxed as U.S. citizens. Allows deferral of tax owed, but requires the posting of adequate security for payment of any tax deferred. Sets for rules for determining the date a U.S. citizen terminated citizenship.
Sets forth rules for the tax treatment of retirement plans, interests in trusts, gifts, and inheritances of expatriates.
Amends the Immigration and Nationality Act to deny expatriates who fail to comply with tax obligations reentry into the United States (current law denies reentry for terminating citizenship for the purpose of avoiding U.S. taxation).
(Sec. 5653) Imposes on an individual who is a disqualified individual with respect to any inverted corporation a tax equal to 20 percent of the value of the specified stock compensation held (directly or indirectly) by or for the benefit of such individual or a member of such individual's family at any time during the 12-month period beginning on the date which is six months before the inversion date.
(Sec. 5654) Revises provisions relating to the authority of the Secretary to allocate tax incidents between the parties to a reinsurance agreement involving tax avoidance or evasion.
Subtitle H: Additional Revenue Provisions - Part I: Administrative Provisions - (Sec. 5671) Extends until September 30, 2013, the authority of the IRS to charge certain user fees.
(Sec. 5672) Requires payment of estimated tax on elective recognition of gain or loss from stock sales between target corporations and a consolidated group.
(Sec. 5673) Authorizes the IRS to enter into partial payment installment agreements with taxpayers. Requires review of such agreements at least every two years.
Part II: Financial Instruments - (Sec. 5675) Permits the application of stripped preferred stock rules and stripped bond rules in the case of an account or entity substantially all of the assets of which consist of bonds, preferred stock, or a combination thereof.
(Sec. 5676) Extends the application of earnings stripping rules to partnerships and S corporations.
(Sec. 5677) Provides that: (1) for purposes of determining income of a debtor from discharge of indebtedness, if a debtor corporation transfers stock, or a debtor partnership transfers a capital or profits interest in such partnership, to a creditor in satisfaction of its recourse or nonrecourse indebtedness, such corporation or partnership shall be treated as having satisfied the indebtedness with an amount of money equal to the fair market value of the stock or interest; and (2) in the case of any partnership, any discharge of indebtedness income so recognized shall be included in the distributive shares of taxpayers who were the partners in the partnership immediately before the discharge.
(Sec. 5678) Modifies straddle rules to: (1) permit taxpayers to identify offsetting positions of a straddle; (2) revise the tax treatment of certain physically settled positions of a straddle; and (3) repeal the stock and qualified covered call exceptions from the straddle rules.
(Sec. 5679) Denies installment sales treatment with respect to all debt instruments that are readily tradeable.
Part III: Corporations and Partnerships - (Sec. 5680) Limits the amount of assets that a distributing corporation can distribute to its creditors without recognition of gain to the amount of the basis of the assets contributed to a controlled corporation in a divisive reorganization.
(Sec. 5681) Modifies the definition of nonqualified preferred stock to add provisions stating that stock shall not be treated as participating in corporate growth to any significant extent unless there is a real and meaningful likelihood of the shareholder actually participating in the earnings and growth of the corporation.
(Sec. 5682) Modifies the definition of a brother-sister controlled group of corporations.
(Sec. 5683) Repeals provisions of the Internal Revenue Code concerning the manner of electing an optional adjustment to the basis of partnership property and requires basis adjustments in connection with partnership distributions and transfers of partnership interests, but permits elective basis adjustments where there is a transfer of partnership interest upon a partner's death.
(Sec. 5684) Classifies as 15-year property, for purposes of the tax deduction for depreciation, the initial clearing and grading land improvements with respect to gas utility property. Classifies as 20-year property the initial clearing and grading land improvements with respect to any electric utility transmission and distribution plant.
(Sec. 5685) Revises rules for the first year deduction and amortization of business startup and organizational expenditures.
Subtitle I: Tax-Exempt Financing of Highway Projects and Rail-Truck Transfer Facilities - (Sec. 5691) Allows the issuance of tax-exempt facility bonds for qualified highway facilities or qualified surface freight transfer facilities.
(Sec. 5692) Includes any vaccine against hepatitis A and any trivalent vaccine against influenza as a taxable vaccine for purposes of the excise tax on certain vaccines.
(Sec. 5694) Permits (current law prohibits) the amortization of intangibles by sport franchises.
Title VI: Transportation Discretionary Spending Guarantee and Budget Offsets - (Sec. 6101) Expresses the sense of the Senate that transportation spending should be consistent with the overall Federal budget.
(Sec. 6102) Amends the Balanced Budget and Emergency Deficit Control Act of 1985 to set forth discretionary spending for certain budget accounts under the highway and mass transit categories.
Directs the Office of Management and Budget (OMB) to calculate, and the President's budget for FY 2006 through 2009 to include, adjustments to the highway category to align spending with revenues (including adjustments to the obligation limitation and outlay limit for such category) for the budget year and each outyear. Sets forth the estimated level of highway receipts for FY 2004 through 2009 for purposes of making such adjustments.
Sets forth discretionary spending limits for the highway and mass transit categories for FY 2004 through 2009.
Directs OMB to calculate, and the President's budget for FY 2006 through 2009 to include, for the budget year and each outyear an adjustment to the limits on outlays for the highway and mass transit categories.
(Sec. 6103) Sets forth the level of obligation limitations for the highway and mass transit categories for FY 2004 through 2009.
Title VII: Miscellaneous Provisions - (Sec. 7001) Directs the Secretary of Defense to reimburse members of the armed forces for transportation expenses incurred by them for one round trip between two locations in the United States in connection with leave taken under the Central Command Rest and Recuperation Leave Program during the period beginning on September 25, 2003, and ending on December 18, 2003.
Title VIII: Solid Waste Disposal - (Sec. 8001) Amends the Solid Waste Disposal Act to direct the Administrator of the EPA and each agency head to implement fully all procurement requirements and incentives, including Federal procurement guidelines, that provide for the use of cement and concrete incorporating recovered mineral component in cement or concrete projects.
Requires each agency head to give priority to achieving greater use of recovered mineral component in cement or concrete projects for which recovered mineral components historically have not been used or have been used only minimally.
Instructs the Administrator of the EPA, in cooperation with the Secretary and the Secretary of Energy, to study and report to Congress on the extent to which current procurement requirements may realize energy savings and environmental benefits attainable with substitution of recovered mineral component in cement used in cement or concrete projects.
(Sec. 8002) Instructs the Administrator of the EPA to establish criteria (including an evaluation of whether to establish a numerical standard for concentration of lead and other hazardous substances) for the safe and environmentally protective use of granular mine tailings from the Tar Creek, Oklahoma, Mining District, known as "chat," for: (1) cement or concrete projects; and (2) transportation construction projects (including transportation construction projects involving the use of asphalt) that are carried out, in whole or in part, using Federal funds.