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

   Senate Bill

   Sec. 7220.

   This program is reauthorized for FYs 2006 through 2009 at an average annual funding level of $132 million. States can qualify for a grant by enacting four out of the following seven criteria in FY 2006 and FY 2007, and by enacting five out of the following seven criteria in FY 2008 and FY 2009. States may choose from the following menu of policy options: (1) impaired driving check points and saturation patrols; (2) outreach to judges and prosecutors to improve prosecution of drunk driving cases; (3) create an information system for government use that tracks drunk driving arrests and convictions; (4) reduce for two years in a row the percentage of fatally injured drivers with a blood alcohol content of 0.08 percent; (5) a program that returns State and local fines collected for drunk driving offenses back into drunk driving prevention programs; (6) enact a law that creates greater penalties for drivers convicted of driving with a blood alcohol content of 0.15 percent or higher; and (7) create specialized courts for handling only impaired driving cases. The ten States with the highest rate of impaired driving fatalities will be eligible for a separate grant.

   Conference Substitute

   The Conference combines elements from both the House and Senate provisions, establishing a program whereby States are eligible for grants by either achieving an alcohol- related fatality rate of 0.5 or less per 100 million vehicle miles traveled, or by carrying out 3 programs in 2006; 4 programs in 2007, and 5 programs in 2008 and 2009. The list of programs includes: check point, saturation patrol; prosecution and adjudication outreach; BAC testing; high-risk drivers; alcohol rehabilitation and DWI courts; underage drinking; administrative license revocation; self-sustaining impaired driving program. Additionally, the ten States with the highest rate of impaired driving fatalities will be eligible for a separate grant by implementing a plan approved by the Secretary to reduce impaired driving. The grant for these 10 states each year is intended to be working capital to reinvigorate their impaired driving enforcement programs, and for those states not already receiving the basic grant to work towards eventually qualifying for the basic grant in future years by reaching the fatality rate goal or implementing the programs in (c).

   SEC. 2008. NHTSA ACCOUNTABILITY

   House Bill

   No comparable provision in the House bill.

   Senate Bill

   Sec. 7222.

   This section would create a framework for advancing NHTSA's management of its grant programs and its program recommendations to the States. It would require a review of each State highway safety program at least once every three years along with recommendations on how each State may improve the management and oversight of its grant activities. It would also develop management and program review guidelines for the NHTSA Regional Offices. The General Accounting Office will conduct a study on the effectiveness of the advice and recommendations given to the States by NHTSA. In addition, this section would increase NHTSA's accountability to the public by requiring the agency to post for public review on its website documents such as the NHTSA management review and program review guidelines.

   Conference Substitute

   The Conference adopts the Senate provision.

   SEC. 2009. HIGH VISIBILITY ENFORCEMENT PROGRAM

   House Bill

   Sec. 2005.

   The Secretary is required to establish a program to support national impaired driving mobilization and enforcement efforts and national safety belt mobilization and enforcement efforts, including the purchase of national paid advertisements to support such efforts.

   Senate Bill

   Sec. 7214(b).

   This subsection of Section 403 would provide funding for 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 as a stand-alone program, including a subsection that requires that funds only be used for specified national law enforcement campaigns, advertising, and annual evaluations. Nothing in this section prohibits additional money later appropriated by Congress, or additional funds from NHTSA, from being used for additional support for the national campaigns.

   SEC. 2010. MOTORCYCLIST SAFETY

   House Bill

   Sec. 2008.

   This section establishes a motorcycle safety incentive grant program for states that adopt and implement effective programs to reduce the number of single- and multi-vehicle crashes involving motorcycles.

   Senate Bill

   Sec. 7224.

   This section would create a new section 414 of title 23 U.S.C. to provide grants to States to implement motorcycle safety training programs based on specific criteria, including improvements to motorcyclist safety training, program delivery, public awareness.

   Conference Substitute

   The Conference adopts the House provision modified to include Senate language on minimum grant amounts to eligible states and a requirement for the Secretary to develop model language for educating drivers on how to safely share roads with motorcyclists.

   SEC. 2011. CHILD SAFETY AND BOOSTER SEAT INCENTIVE GRANTS

   House Bill

   Sec. 2007.

   This section authorizes a child safety and child booster seat incentive grant program for the benefit of states that enact or enforce a law requiring children riding in passenger vehicles to be secured in child safety seats or child booster seats. States may use grants under this section only to carry out child safety seat and child booster seat programs, including education, training, enforcement, and the purchase and distribution of child restraints to families that cannot otherwise afford them. Each state to which a grant is made under this section must transmit a report to the Secretary indicating how the grant funds were expended and identifying the specific programs supported by the grant.

   Senate Bill

   Sec. 7223.

   This section would authorize grants to States to implement Anton's Law, which is aimed at increasing the use of booster seats for small children.

   Conference Substitute

   The Conference adopts the House provision with a change to allow no more than 50 percent of funding to be used for purchasing safety restraints. The purchase of child safety restraints is directed at helping low-income families.

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   SEC. 2012. SAFETY DATA

   House Bill

   Sec. 2011.

   This section requires the Secretary to collect data and compile statistics on accidents involving motor vehicles being backed up that result in fatalities and injuries. The Secretary is required to transmit a report to Congress not later than January 1, 2009, on these accidents and any recommendations regarding measures to be taken.

   Senate Bill

   Sec. 7254.

   This section requires NHTSA to study technologies for automobiles that would reduce injuries and deaths caused by cars and trucks backing up.

   Conference Substitute

   The Conference adopts the House provision.

   SEC. 2013. DRUG-IMPAIRED DRIVING ENFORCEMENT

   House Bill

   Sec. 2013.

   This section directs the Secretary to conduct a study on drug impaired driving and to develop a model statute for States. The section also requires the Secretary to submit a report to Congress regarding the research and findings not later than 18 months after enactment.

   Senate Bill

   Sec. 7214(b)(1).

   This section requires NHTSA to conduct a study on the effects of controlled substances on driving.

   Conference Substitute

   The Conference adopts the House provision with modifications including the definition of ``illicit substances'' and requiring the Secretary and the National Institutes of Health to jointly provide a report to Congress on the problem of drug-impaired driving.

   SEC. 2014. FIRST RESPONDER VEHICLE SAFETY PROGRAM

   House Bill

   No comparable provision in the House bill.

   Senate Bill

   Sec. 7605.

   This section requires the Secretary to develop a program and list of best practices to promote compliance with State and local laws to increase the safe and efficient operation of first responder vehicles.

   Conference Substitute

   The Conference adopts the Senate provision with a change from the Secretary ``shall'' to ``should.''

   SEC. 2015. DRIVER PERFORMANCE STUDY

   House Bill

   Sec. 2012.

   This section directs the Secretary to conduct a study on the risks associated with glare to oncoming drivers and to submit a report of findings and recommendations to Congress not later than 18 months after enactment.

   Senate Bill

   No comparable provision in Senate bill.

   Conference Substitute

   The Conference adopts the House provision.

   SEC. 2016. RURAL STATE EMERGENCY MEDICAL SERVICES OPTIMIZATION PILOT PROGRAM

   House Bill

   Sec. 2015.

   This section directs the Secretary to conduct a study on the use of geo-coded data for highway accidents and injuries in order to improve EMS resource allocation and distribution in rural areas.

   Senate Bill

   No comparable provision in Senate bill.

   Conference Substitute

   The Conference adopts the House provision.

   SEC. 2017. OLDER DRIVER SAFETY; LAW ENFORCEMENT TRAINING

   House Bill

   No comparable provision in House bill.

   Senate Bill

   Sec. 7217.

   This section would amend section 406 by adding an older driver research and demonstration program and a law enforcement training program to train law enforcement personnel in police chase techniques that are consistent with guidelines issued by the International Association of Chiefs of Police.

   Conference Substitute

   The Conference adopts the Senate provision but makes language a stand-alone provision rather than a codified 406 program. Language for police chase training is modified to reflect that NHTSA shall provide ``guidance and support'' for the training.

   SEC. 2018. SAFE INTERSECTIONS

   House Bill

   Sec. 2017.

   This section outlines penalties for the unauthorized sale or use of traffic signal preemption transmitters.

   Senate Bill

   Sec. 1410.

   This section outlines penalties for the unauthorized sale or use of traffic signal preemption transmitters.

   Conference Substitute

   The Conference adopts the House provision with technical modifications to make language consistent with Title 18, United States Code.

   SEC. 2019. NATIONAL HIGHWAY SAFETY ADVISORY COMMITTEE TECHNICAL CORRECTION

   House Bill

   No comparable provision in the House bill.

   Senate Bill

   Sec. 7215.

   This section would make a minor technical correction to section 404(d) of title 23 U.S.C.

   Conference Substitute

   The Conference adopts the Senate provision.

   SEC. 2020. PRESIDENTIAL COMMISSION ON ALCOHOL-IMPAIRED DRIVING

   House Bill

   No comparable provision in the House bill.

   Senate Bill

   Sec. 1411.

   Sense of the Senate in support of establishing a Presidential Commission on Alcohol-Impaired Driving to further change the culture of alcohol-impaired driving on our Nation's highways.

   Conference Substitute

   The Conference adopts the Senate provision modified to make the provision a sense of the Congress, to include the motorcycle industry on the proposed Commission, and to change appropriate references from ``drunk'' to ``alcohol-impaired'' driving.

   SEC. 2021. SENSE OF THE CONGRESS IN SUPPORT OF INCREASED PUBLIC AWARENESS OF BLOOD ALCOHOL CONCENTRATION LEVELS AND DANGERS OF ALCOHOL-IMPAIRED DRIVING

   House Bill

   No comparable provision in the House bill.

   Senate Bill

   Sec. 1412.

   Sense of the Senate in Support of Increased Public Awareness of Blood Alcohol Concentration Levels and Dangers of Alcohol-Impaired Driving.

   Conference Substitute

   The Conference adopts the Senate provision modified to make the provision a sense of the Congress and to change appropriate references of ``drinking and driving'' to ``alcohol-impaired driving.''

   TITLE III--FEDERAL TRANSIT ADMINISTRATION PROGRAMS

   SEC. 3001. SHORT TITLE

   House Bill

   Sec. 3001.

   Subsection (a) provides that this title be cited as the Federal Public Transportation Act of 2005. Subsection (b) provides that amendments in this title, unless otherwise specified, are made to title 49 of the United States Code.

   Senate Bill

   Sec. 6001.

   The title to be cited as the Federal Public Transportation Act of 2005.

   Conference Substitute

   Adopts Senate proposal.

   SEC. 3002. AMENDMENTS TO TITLE 49, UNITED STATES CODE; UPDATED TERMINOLOGY

   House Bill

   Sec. 3001.

   Subsection (b) amends chapter 53 of title 49, United States Code by striking ``mass transportation'' and replacing it with ``public transportation'', reflecting the broader applicability of transit services beyond urban areas.

   Senate Bill

   Sec. 6002.

   Subsection (a) provides that amendments in this title, unless otherwise specified, are made to title 49 of the United States Code. Subsection (b) amends chapter 53 of title 49, United States Code by striking ``mass transportation'' and replacing it with ``public transportation.''

   Conference Substitute

   Adopts Senate proposal.

   SEC. 3003. POLICIES, FINDINGS, AND PURPOSES

   House Bill

   Sec. 3002.

   This section and subsequent sections of the bill change the terminology used to describe the federal transit programs, which have grown far beyond the original mission and orientation of ``urban renewal'' in the Federal Transit Administration's organic statute, the Urban Mass Transportation Act of 1964. Today, the federal transit programs also provide vital transportation services to rural and other non-urban constituencies. The title change and subsequent legislative changes to chapter 53, title 49 United States Code in which the terms ``mass transit'' or ``mass transportation'' are replaced by ``public transportation'' reflect this evolution.

   Senate Bill

   Sec. 6003.

   Section 5301(a) states that it is in the economic interest of the United States to encourage and promote the development of transportation systems because they maximize mobility and minimize transportation-related fuel consumption and air pollution. The findings in section 5301(b) are updated to reflect Census 2000 data. Subsection 5301(e) is amended to apply current requirements to preserve the environment and important historical and cultural assets throughout chapter 53, rather than only to capital programs

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carried out under sections 5309 and 5310. Terms throughout the section are updated for clarity.

   Conference Substitute

   Adopts the House language in subsection 5301(a) with the inclusion of economic interest. The Census updates from the Senate language are adopted. The remaining provisions of the section are the same in both bills.

   SEC. 3004. DEFINITIONS

   House Bill

   Sec. 3003.

   This section includes amendments to definitions that apply generally to chapter 53 of title 49, United States Code. These changes include adding new eligibilities for federal capital transit funding. Newly eligible uses for these capital funds include: (1) acquiring, constructing, relocating, and renovating intercity bus stations and terminals; (2) crime prevention and security projects (including security training for personnel and conducting emergency response drills); (3) establishing a debt service reserve fund for bond payments when such bonds are used for the purpose of financing an eligible transit project; and (4) mobility management activities and projects. Mobility management activities and projects improve the coordination among public transportation and other transportation service providers through short-range planning and management activities, such as buying computer software that matches public transportation riders and non-emergency medical and other human services clients to transportation services. Directly providing public transportation services is not an eligible capital expense under this definition. The definition of ``urbanized area'' is revised to reflect the Department of Commerce's role in designating urbanized areas via the decennial Census. Under current law, the terms ``mass transportation,'' ``public transportation,'' and ``transit'' are interchangeable. Under the changes made in this section, these three terms are still synonymous. However, ``public transportation'' becomes the principal defined term.

   Senate Bill

   Sec. 6004.

   This section includes amendments to definitions that apply generally to chapter 53 of title 49, United States Code. These changes include adding new eligibilities for federal capital transit funding. Newly eligible uses for these capital funds include: (1) acquiring, constructing, relocating, and renovating intercity bus stations and terminals; (2) crime prevention and security projects (including security training for personnel and conducting emergency response drills); and (3) establishing a debt service reserve fund for bond payments when such bonds are used for the purpose of financing an eligible transit project. The Senate Banking Committee believes that improved integrated, interoperable, emergency communications infrastructure is one way for transit operators to improve the response to emergency situations, and that such expenditures are eligible capital expenditures under chapter 53. The Senate bill includes mobility management activities under the section 5307 urbanized area formula grant program. As defined in this section, mobility management activities and projects tailor public transportation services to specific markets and manage demand for public transportation to help enhance ridership in a cost-effective and efficient manner. The definition of public transportation is amended to codify current practice of providing transportation service that serves a specific urbanized or rural area and its environs. Except for specific exceptions, such as the expanded eligibility of intercity bus facilities for capital funding and the ongoing intercity bus service under section 5311(f), intercity bus or rail services are not public transportation. The definition of ``urbanized area'' is revised to reflect the Department of Commerce's role in designating urbanized areas via the decennial Census. Under current law, the terms ``mass transportation,'' ``public transportation,'' and ``transit'' are interchangeable. Under the changes made in this section, these three terms are still synonymous. However, ``public transportation'' becomes the principal defined term.

   Conference Substitute

   Adopts the House language regarding new eligibilities for federal capital transit funding, including the more limited definition of mobility management activities and projects as being directly related to improved coordination among public transportation and other transportation service providers. These new capital eligibilities apply to all programs under chapter 53. The conferees believe that improved integrated, interoperable, emergency communications infrastructure are one way for transit operators to improve the response to emergency situations, and that such expenditures are eligible capital expenditures under this chapter. The definition of public transportation has been amended to mean transportation by a conveyance that provides regular and continuing general or special transportation to the public, but does not include schoolbus, charter, or intercity bus transportation (except under programs where intercity bus projects are made specifically eligible), or intercity passenger rail transportation provided by Amtrak or its successor entities. The definition of ``urbanized area'' is revised to reflect the Department of Commerce's role in designating urbanized areas via the decennial Census. ``Public transportation,'' ``mass transportation,'' and ``transit'' remain interchangeable and synonymous. However, ``public transportation'' becomes the principal defined term, in recognition that the federal public transportation program has evolved over time, and now covers rural and other non-urban constituencies, as well as urbanized areas.

   SEC. 3005. METROPOLITAN TRANSPORTATION PLANNING

   House Bill

   Sec. 3004.

   The House bill consolidates current law metropolitan planning provisions under sections 5303 and 5304 of title 49, U.S.C. and under section 134 of title 23, U.S.C. into a unified planning title for both transit and highways under chapter 52 of title 49, U.S.C. For ease of reference, subsection 5303(a) of title 49, U.S.C. is amended to reflect that grants made under sections 5307-5311, 5316 and 5317 are to be carried out in accordance with chapter 52. Subsection 5303(b) requires the Secretary to certify that metropolitan planning organizations (MPOs) in transportation management areas comply with all planning and other applicable requirements in law in their transportation planning activities. However, the Secretary may not withhold certification of a transportation plan based on private enterprise participation. This is a standing limitation in existing law under section 5305(e)(3).

   Senate Bill

   Sec. 6005.

   The Senate bill consolidates all provisions for metropolitan planning under section 5303 of title 49. The bill maintains the requirement for separate transportation plans and transportation improvement programs and requires certification of the planning process every four years. The Senate repeals the current law provision that allows a plan to be certified by the Secretary regardless of the policies and criteria an MPO or transit recipient establishes for deciding the feasibility of private enterprise participation. However, language is added under section 5306(a) of title 49 to clarify that local criteria will be the basis for such decisionmaking. The current law provisions regarding the scope of the planning process are amended to provide more detail on how protection of the environment is to be considered and adds a reference to planned growth patterns. A new participation plan is established to afford parties who participate in the metropolitan planning process a specific opportunity to comment on the plan before its approval. MPOs must certify that they have complied with their participation plan before the transportation plan can be approved. A new provision is added that requires the secretary to issue rules regarding the publication of the projects in the transportation improvement program for which funds have actually been obligated. Section 5305 of title 49, U.S.C. is repealed because provisions regarding Transportation Management Areas are incorporated into metropolitan transportation planning.