Conference report on h. R. 3, Safe, accountable, flexible, efficient transportation equity act: a legacy for users

   COVERED BRIDGES

   Of the amounts appropriated in section 1934 for item # to the State of Vermont for the rehabilitation of historic covered

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bridges, Congress intends that the State shall allocate $450,000 for the Creamery/West Hill Covered Bridge in Montgomery, VT; $450,000 for the Bowers Covered Bridge in West Windsor, VT; $500,000 for the Quinlan Covered Bridge in Charlotte, VT; $500,000 for the Gifford Covered Bridge in Randolph, VT; $500,000 for the Worrall Covered Bridge in Rockingham, VT; $450,000 for the Kingsbury Covered Bridge in Randolph, VT; $1,500,000 for the Taftsville Covered Bridge in Woodstock, VT; and $1,800,000 on the Pulp Mill Covered Bridge in Middlebury-Weybridge, VT.

   HIGHWAY DISCHARGE MITIGATION

   Of the amounts appropriated in section 1934 item # to the State of Vermont, the Secretary shall allocate $3,000,000 for the Vermont Local Roads Program in Colchester, VT for the purpose of providing financial assistance grants to towns, cities and villages in Vermont for projects to reduce water pollution generated by, or directly associated with existing public roads and road maintenance activities; and $3,000,000 for the Champlain Water District in Vermont for the purpose of providing financial assistance to towns, cities and villages in Chittenden County for water quality improvements through projects to mitigate water pollution associated with existing town roads, federal aid highways and road maintenance activities.

   TOLLING

   The provisions of the Express Lanes Program are intended to give State departments of transporation maximum flexibility to toll facilities on the Interstate System in order to (a) manage high levels of congestion; (b) reduce emissions in areas in nonattainment or maintenance for the Clean Air Act; and, (c) finance the expansion of a highway, for the purpose of reducing traffic congestion.

   CMAQ EXPANDED ELIGIBILITY

   This provision provides the State of Montana with expanded ability to use CMAQ funds for transit operating assistance. In addition to all currently eligible projects, Montana CMAQ funds may be used for the operation of public transit activities that serve a nonattainment or maintenance area beyond the current US Department of Transportation restriction of three years. In addition, as referenced in this provision, activities that serve a nonattainment or maintenance area include activities that are undertaken partly within and partly outside a nonattainment or maintenance area.

   GOING-TO-THE-SUN ROAD

   The $50 million in funding provided by this section for work to resurface, repair, rehabilitate, and reconstruct the Going to the Sun Road is intended to accelerate completion of the needed reconstruction work on that important park road. These funds are not sufficient to complete the project, however, and these funds are intended to supplement, not supplant funding from the park roads and parkways program for this important project.

   BEARTOOTH HIGHWAY

   This provision provides flexibility for the State of Montana to use funds allocated for the development and construction of the US 212 Red Lodge North highway in this bill to first be used for the emergency repair of the Beartooth Highway. The Beartooth Highway has suffered extreme damage from 13 mudslides in the spring of 2005. The Montana Department of Transportation has submitted and obtained approval for federal Emergency Relief (ER) funding--estimated to be $24 million for this project. It is intended that the use of the funds on the Beartooth Highway will not require a non-Federal match, as they are being applied to an emergency relief project. Upon reimbursement by the Federal Highway Administration, a match will be required when the funds are applied to the US 212 project.

   Upon reimbursement of the ER application by the Federal Highway Administration, this provision allows the reimbursed funds to then be transferred to the US 212 Red Lodge North project for use in the development and construction of that highway.

   PRIORITIES PROVISION IN DIESEL RETROFIT

   Under new 49 USC 149(f)(3) States shall give priority to certain listed items in distributing CMAQ funds apportioned to them under 23 USC 104(b)(2)(B) and (C) or new 23 USC 104(b)(2)(D). This paragraph does not apply to the use of funds apportioned under the CMAQ minimum apportionment provision (former 23 USC 104(b)(2)(D)) or to the use of any other funds.

   The listed priorities are: (1) cost-effective diesel retrofits and other cost-effective emission reduction activities, taking into consideration air quality and health effects; and (2) cost-effective congestion mitigation activities that provide air quality benefits. Each of these items, to qualify for priority, must be ``cost-effective.'' If a State determines that it does not have cost-effective opportunities to undertake the listed activities, the priorities do not apply. The State could then use applicable CMAQ funds for other CMAQ eligible activities, such as particulate reduction or transit initiatives.

   Moreover, even if a State has the opportunity to pursue cost effective activities listed in this paragraph, it does not mean that the State must expend all or most of its applicable CMAQ funds on those activities, to the exclusion of other possible uses of those funds. Conferees expect that other priorities can still be pursued with applicable funds. Priority is not absolute and exclusive. That is one reason why the paragraph also includes language establishing that this paragraph is not intended to disturb existing authorities and roles in making project selections.

   In short, this new provision on CMAQ priorities is intended to give more funding focus to the listed priorities while continuing to provide states needed flexibility in utilizing the funds that are subject to this paragraph.

   NIGHT-TIME CONSTRUCTION

   Presently the federal government is investing more than $30 billion annually on roadway construction projects. This significant investment is creating increased motorist exposures to roadway work zones. Since 1997 the number of fatalities in roadway work zones for both motorists and construction workers has grown by over 70 percent. With nearly 1,200 fatalities and 40,000 injuries occurring annually in roadway construction zones, work zone safety is a serious public health concern.

   Since most road work today involves reconstruction, rehabilitation and maintenance of existing roadways, it is conducted adjacent to traffic. As a result, more and more jurisdictions across the country are looking to night-time construction as a way to reduce motorist delay and inconvenience by scheduling work when traffic is lighter.

   The Committee is concerned about the impact of night-time construction on motorists, workers and communities. Current information is not comprehensive or well communicated to public and private entities and individuals that need it most.

   The Committee directs the Federal Highway Administration to conduct and compile research on many aspects of night-time road construction, including:

    .Comparisons between work zone-related crash rates daytime and night-time construction operations;

    .Rates and frequencies of incidents caused by drivers under the influence of alcohol, drugs and/or other substances causing driver impairment;

    .Rates and frequencies of incidents caused by drivers and workers who are tired or sleep deprived;

    .Impacts on worker health and welfare;

    .Impacts on adjacent communities;

    .Impacts on construction quality and work schedules; and

    .General impact on roadway construction worker safety.

   The Committee directs the Federal Highway Administration to report to the Committee two years after passage of this legislation on the results of its research.

   CATHODIC BRIDGE PROTECTION STUDY

   The issue of the increased cost to repair/replace concrete bridges due to the corrosion of steel rebar in bridges caused by exposure to a chlorine environment is a critical one that Congress must begin to address. The Committee directs the Secretary to study the application of cathodic protection technology to concrete bridges in order to extend the life of the bridge and reduce future repair costs.

   The Committee also directs the Secretary to report to Congress on the results of any study.

   TRAFFIC CONTROL AT HIGHWAY-RAILWAY CROSSINGS

   With respect to increasing safety at grade crossings, the Committee notes that 1,431 people have been killed in 11,860 accidents at public crossings with crossbuck devices during the past ten years. The size, weight, and design of trains prevent them from being able to stop and start as quickly as an automobile or truck. Given the importance of safety at highway-rail crossings, the Committee urges the Secretary of Transportation to revise the Manual of Uniform Traffic Control Devices and such other regulations and agreements of the Federal Highway Administration as may be necessary to require ``yield'' signs be installed at all public highway-rail crossings without automatic traffic control, save for those crossings which, in the judgment of the roadway authority, require ``stop'' signs, together with appropriate advance warning signs at all crossings.

   In October of 2004, Federal Highway Administration (FHWA) was requested to issue an interim order amending the Manual on Uniform Traffic Control Devices to include a standard that ``yield'' signs be installed at all public crossings with passive devices, except at those which the roadway authority deemed to require a ``stop'' sign based on an exhaustive study contained in National Cooperative Highway Research Program (NCHRP) Report 470. Considering that the NCHRP Report 470 was completed in at the end of 2001, the Committee urges the Secretary to act immediately consider appropriate changes to the Manual of Uniform Traffic Control Devices.

   HIGHWAY-TRANSIT FUNDING TRANSFER AUTHORITY

   In 1991, the Intermodal Surface Transportation Efficiency Act (ISTEA) provided additional authority for states to transfer Federal funds between highway and transit programs. In 1998, Congress continued and expanded this transfer authority. Many States have actively used this authority to transfer Federal funds between highway and transit programs. The committee believes it is important to review how the States and public transit authorities have used this transfer authority and directs the Government Accountability Office to report to Congress on the use of this transfer authority by the

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States and public transit authorities, the highway and transit projects funded with these funds, and the U.S. Department of Transportation administrative mechanisms to track the use of these transferred funds. This report should be completed as soon as practicable and no later than two years after the date of enactment.

   REQUEST FOR TECHNICAL ASSISTANCE

   The Committee notes that, in the Design Standards Manual for construction of Interstates and their improvement, the requirements for control of access at ramp terminals in urban areas is 100 feet and 300 feet in rural areas. The Committee instructs the Federal Highway Administrator within 180 days to provide an explanation to the Committee for the different treatment of rural and urban access control at ramp terminals.

   TITLE II--HIGHWAY SAFETY

   SEC. 2001. AUTHORIZATION OF APPROPRIATIONS

   House Bill

   Sec. 2001.

   This section authorizes funds for section 402 highway safety grant program; occupant protection incentive grants under section 405; alcohol-impaired driving countermeasures incentive grants under section 410; state traffic safety information improvements under section 412; the national driver register; and the high visibility enforcement program.

   The Secretary is provided the flexibility to transfer any amounts remaining available under the occupant protection incentive grant program, the alcohol-impaired driving countermeasures program, and the state traffic safety information system improvements program to ensure, to the maximum extent possible, that each state receives the maximum amount of incentive grants under these programs for which the state is eligible.

   Senate Bill

   Sec. 7212.

   This section would authorize amounts from the Highway Trust Fund for safety programs administered by NHTSA. The aggregate proposed authorization is approximately $696 million for FY 2006, $711 million for FY 2007, $728 million for FY 2008, and $746 million for FY 2009. In addition, this section provides that, if revenue to the Highway Trust Fund for a given fiscal year is lower than the amounts authorized in subtitle A, such a reduction would not affect the highway safety programs provided for in this bill. Finally, this section would provide for a proportional increase for NHTSA's grant programs if revenue to the Highway Trust Fund increases above currently authorized amounts.

   Conference Substitute

   This section authorizes funds for section 402 highway safety grant program; highway safety research and development under section 403, occupant protection incentive grants under section 405; safety belt performance grants under section 406; state traffic safety information improvements under section 408; alcohol-impaired driving countermeasures incentive grants under section 410; the national driver register; the high visibility impaired driving and seat belt enforcement program; motorcyclist safety; child safety and child booster seat safety incentive grants; and administrative expenses.

   The Secretary is provided the flexibility to transfer any amounts remaining available under the occupant protection incentive grants, alcohol-impaired driving countermeasures program, and the state traffic safety information system improvements program to ensure, to the maximum extent possible, that each state receives the maximum amount of incentive grants under these programs for which the state is eligible.

   SEC. 2002. HIGHWAY SAFETY PROGRAMS

   House Bill

   Sec. 2009.

   This section adds driver fatigue to the list of safety factors that must be included in state highway safety programs in accordance with uniform guidelines promulgated by the Secretary under section 402. The Committee wishes to acknowledge the contribution of ``Maggie's Law'' to its deliberations on this issue.

   Sec. 2014.

   This section adds `11-15 passenger vans used for school transportation purposes' to the list of safety factors that must be included in state highway safety programs in accordance with uniform guidelines promulgated by the Secretary under section 402.

   Sec. 2016.

   This section increases the minimum State apportionments of 402 funds from one-half of one percent to three-quarters of one percent.

   Senate Bill

   Sec. 7213.

   This program is reauthorized for FYs 2006 through 2009 at an average annual funding level of $217 million, a 40 percent increase from the TEA-21 level, and increases the minimum share of Indian tribes through the Bureau of Indian Affairs from 3/4 of one percent to 2 percent. These grants, allocated according to a formula, fund States' safety programs, such as safety belts, drunk driving, motorcycle, pedestrian and bicycle safety, emergency medical services, traffic law enforcement and roadway safety.

   Conference Substitute

   The Conference incorporates House provisions into Senate structure with modifications, including removal of ``15 passenger van'' language and consolidation of House and Senate ``driver fatigue'' language. Senate language is also modified for ``unsafe driving behavior,'' ``administration of state programs,'' and ``law enforcement chase training.'' Minimum 402 funding for Indian tribes and States is increased.

   SEC. 2003. HIGHWAY SAFETY RESEARCH AND OUTREACH PROGRAM

   House Bill

   No comparable provision in the House bill.

   Senate Bill

   Sec. 7214.

   This program is reauthorized for FYs 2006 through 2009 at an average annual funding level of $142 million. These programs focus on the research and development of safety countermeasures related to impaired driving, occupant protection, traffic law enforcement and criminal justice, licensing, motorcycle, pedestrian, bicycle, teen drivers and emergency medical services. The States use this research to model their safety programs for the most impact on saving lives and reducing injuries. This section also would provide $24 million a year to NHTSA to launch national advertising campaigns to increase seat belt use and reduce drunk driving during holiday periods. Launching these advertising campaigns at the national level is much more cost effective than individual States buying advertising at the local level.

   Conference Substitute

   The Conference adopts the Senate provision with the addition of motorcycle safety to the list of research priorities and moves the national advertising campaigns to a new stand alone section.

   SEC. 2004. OCCUPANT PROTECTION INCENTIVE GRANTS

   House Bill

   Sec. 2002.

   This section extends the occupant protection incentive grant program through the term of the legislation. A state may become eligible for these grants by either having a seatbelt usage rate of at least 85 percent or by implementing at least four of the six safety incentives under the program.

   Senate Bill

   Sec. 7216.

   This is a new program funded at an average annual level of $154 million. The program would grant money to States that enact a new primary seat belt law and to States that have already enacted a primary seat belt law. States that have already enacted a primary seat belt law would receive a one-time grant over the life of the bill equal to 250 percent of their FY 2003 grant from section 402. States that enact a new primary seat belt law after December 31, 2002 would receive a one-time grant over the life of the bill equal to 500 percent of their FY 2003 grant from section 402. Most of this grant money may be used for highway safety construction purposes.

   Conference Substitute

   The Conference adopts elements of both the House and Senate provisions by creating two seat belt related programs. This provision outlines an extension of the current 405 Occupant Protection Incentive Grants Program.

   SEC. 2005. GRANTS FOR PRIMARY SAFETY BELT USE LAWS

   House Bill

   Sec. 2002.

   This section extends the occupant protection incentive grant program through the term of the legislation. A state may become eligible for these grants by either having a seatbelt usage rate of at least 85 percent or by implementing at least four of the six safety incentives under the program.

   Senate Bill

   Sec. 7216.

   This is a new program funded at an average annual level of $154 million. The program would grant money to States that enact a new primary seat belt law and to States that have already enacted a primary seat belt law. States that have already enacted a primary seat belt law would receive a one-time grant over the life of the bill equal to 250 percent of their FY 2003 grant from section 402. States that enact a new primary seat belt law after December 31, 2002 would receive a one-time grant over the life of the bill equal to 500 percent of their FY 2003 grant from section 402. Most of this grant money may be used for highway safety construction purposes.

   Conference Substitute

   The Conference adopts elements of both the House and Senate provisions by creating two seat belt related programs. This section adopts the Senate provision for one-time grants to states that pass or have passed primary seat belt laws with the modification to allow a state to also become eligible for the grant by demonstrating at least 85 percent seat belt use rates for two consecutive years and by changing the grant amounts to 200 percent for the FY 2003 section 402 grant for states with existing primary belt laws and 475 percent for states that enact new laws.

   SEC. 2006. STATE TRAFFIC SAFETY INFORMATION SYSTEM IMPROVEMENTS

   House Bill

   Sec. 2004.

   This section authorizes a new section 412 program for state traffic safety information

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system incentive grants to encourage states to adopt and implement effective safety data systems. The Secretary is required to determine the model data elements necessary to analyze trends in crash occurrences, rates, outcomes, and circumstances. To receive a grant, a state must comply with safety data system requirements under this section and use the grant only to implement such requirements.

   Senate Bill

   Sec. 7221.

   This is a new discretionary grant program, funded at a $45 million level each FY 2006 through 2009 to encourage States to improve their traffic records systems by increasing the efficiency and uniformity of data collection and access through upgrading data collection systems. The purpose is to develop a more accurate database of vehicle crash characteristics that will allow traffic safety professionals to better identify traffic safety problems, and develop effective countermeasures on a more timely basis.

   Conference Substitute

   The Conference adopts the Senate provision modified to remove the requirement for data audit/assessment as a requirement for eligibility in the first year.

   SEC. 2007. ALCOHOL-IMPAIRED DRIVING COUNTERMEASURES

   House Bill

   Sec. 2003.

   This section extends the alcohol-impaired driving countermeasures program over the term of the legislation. The criteria for eligibility under the Basic Grant A program is expanded to included states that have an alcohol-related fatality rate of 0.5 or less per 100 million vehicle miles traveled. The eligibility criteria for Basic Grant A is amended, under the administrative license revocation requirement, to permit a state to allow a first time offender who has had his or her license suspended to operate a motor vehicle, after a 15-day suspension period, to and from employment, school, or an alcohol treatment program if an ignition interlock device is installed on the vehicle. Similarly, a state may allow a repeat offender who has had his or her license suspended or revoked to operate a motor vehicle, after a 45-day suspension or revocation period, to and from employment, school, or an alcohol treatment program if an ignition interlock device is installed on the vehicle.

   Under the Basic Grant A criteria, four new eligibility requirements are added in lieu of eliminating the young adult drinking awareness program. The new requirements are a judicial and prosecutorial outreach program, a self-sustaining drunk driving prevention program, programs for effective alcohol rehabilitation, and a program for impounding vehicles of drunk drivers. States may become eligible for Basic Grant A by implementing at least six eligibility criteria for fiscal years 2005 and 2006 and at least seven criteria for the following fiscal years.

   The criteria for the eligibility for a Basic Grant B is amended to permit a state to receive a grant if its alcohol-related fatality rate is 0.8 or more per 100 million vehicle miles traveled and the state establishes a task force to evaluate and recommend changes to the state's drunk driving programs. The supplemental grant program is repealed.