S.Amdt. 575

SA 575. Mr. SPECTER submitted an amendment intended to be proposed by
him to the bill H.R. 3, Reserved; which was ordered to lie on the
table; as follows:

At the end of subtitle B of title II, add the following:

SEC. 21__. TRANSPORTATION TECHNOLOGY INNOVATION AND
DEMONSTRATION PROGRAM.

(a) In General.--Section 5117(b)(3) of the Transportation
Equity Act for the 21st Century (Public Law 105-178; 112
Stat. 449) is amended--
(1) in subparagraph (B)--
(A) in clause (i)--
(i) in the first sentence--

(I) by striking ``Build an'' and inserting ``Build or
integrate an''; and
(II) by striking ``2,000,000'' and inserting ``2,500,000'';
and

(ii) in the second sentence--

(I) by striking ``300,000 and that'' and inserting
``300,000,''; and
(II) by inserting before the period at the end the
following: ``, and includes major transportation corridors
serving that metropolitan area'';

(B) in clause (ii), by striking ``shared'' and all that
follows and inserting ``reinvested in the intelligent
transportation infrastructure system.'';
(C) by striking clause (iii); and
(D) by redesignating clauses (iv) and (v) as clauses (iii)
and (iv), respectively;
(2) in subparagraph (C)(ii), by striking ``July 1, 2002''
and inserting ``the date that is 180 days after the date of
enactment of the Safe, Accountable, Flexible, and Efficient
Transportation Equity Act of 2005'';
(3) in subparagraph (E), by striking clause (ii) and
inserting the following:
``(ii) The term `follow-on deployment areas' means the
metropolitan areas of Albany, Atlanta, Austin, Baltimore,
Birmingham, Boston, Charlotte, Chicago, Cleveland, Columbus,
Dallas/Ft. Worth, Denver, Detroit, Greensboro, Hartford,
Houston, Indianapolis, Jacksonville, Kansas City, Las Vegas,
Los Angeles, Louisville, Miami, Milwaukee, Minneapolis-St.
Paul, Nashville, New Orleans, New York/Northern New Jersey,
Norfolk, Northern Kentucky/Cincinnati, Oklahoma City,
Orlando, Philadelphia, Phoenix, Pittsburgh, Portland,
Providence, Raleigh, Richmond, Sacramento, Salt Lake, San
Diego, San Francisco, San Jose, St. Louis, Seattle, Tampa,
Tucson, Tulsa, and Washington, District of Columbia.'';
(4) in subparagraph (F)--
(A) by striking ``Of the amounts'' and inserting the
following:
``(i) This act.--Of the amounts''; and
(B) by adding at the end the following:
``(ii) Safetea.--There is authorized to be appropriated out
of the Highway Trust Fund (other than the Mass Transit
Account) to carry out this paragraph $5,000,000 for each
fiscal year.
``(iii) Availability; no reduction or setaside.--Amounts
made available by this subparagraph--

``(I) shall remain available until expended; and
``(II) shall not be subject to any reduction or
setaside.''; and

(5) by adding at the end the following:
``(H) Use of rights-of-way.--
``(i) In general.--An intelligent transportation system
project described in paragraph (3) or (6) that involves
privately owned intelligent transportation system components
and is carried out using funds made available from the
Highway Trust Fund shall not be subject to any law (including
a regulation) of a State or political subdivision of a State
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 of Transportation determines
that such use is in the public interest.
``(ii) Effect of subparagraph.--Nothing in this
subparagraph affects the authority of a State or political
subdivision of a State--

``(I) to regulate highway safety; or
``(II) under sections 253 and 332(c)(7) of the Act of June
19, 1934 (47 U.S.C. 253, 332(c)(7)) (commonly known as the
`Communications Act of 1934').''.

(b) Conforming Amendment.--Section 5204 of the
Transportation Equity Act for the 21st Century (23 U.S.C. 502
note; 112 Stat. 453) is amended by striking subsection (k).
______