788
SEC. 4130. INTERSTATE VAN OPERATIONS.
The Federal motor carrier safety regulations that
apply to Interstate operations of commercial motor vehi-
cles designed to transport between 9 and 15 passengers
(including the driver) shall apply to all Interstate oper-
ations of such carriers regardless of the distance traveled.
SEC. 4131. HOURS OF SERVICE FOR OPERATORS OF UTIL-
ITY SERVICE VEHICLES.
Section 345 of the National Highway System Des-
ignation Act of 1995 (49 U.S.C. 31136 note; 109 Stat.
613) is amended—
(1) in subsection (a) by striking paragraph (4)
and inserting the following:
‘‘(4) OPERATORS OF UTILITY SERVICE VEHI-
CLES.—
‘‘(A) INAPPLICABILITY OF FEDERAL REGU-
LATIONS.—Such regulations shall not apply to
a driver of a utility service vehicle.
‘‘(B) PROHIBITION
ON
STATE
REGULA-
TIONS.—A State, a political subdivision of a
State, an interstate agency, or other entity con-
sisting of 2 or more States, shall not enact or
enforce any law, rule, regulation, or standard
that imposes requirements on a driver of a util-
ity service vehicle that are similar to the re-
quirements contained in such regulations.’’.
789
(2) in subsection (b) by striking ‘‘Nothing’’ and
inserting ‘‘Except as provided in subsection (a)(4),
nothing’’; and
(3) in the first sentence of subsection (c) by
striking ‘‘paragraph (2)’’ and inserting ‘‘an exemp-
tion under paragraph (2) or (4)’’.
SEC. 4132. TECHNICAL CORRECTIONS.
(a) 
INTERMODAL
TRANSPORTATION
ADVISORY
BOARD.—Section 5502(b) of title 49, United States Code,
is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(4);
(2) by striking the period at the end of para-
graph (5) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(6) the Federal Motor Carrier Safety Adminis-
tration.’’.
(b) REFERENCE TO AGENCY.—Section 31502(e) of
such title is amended—
(1) in paragraph (2) by striking ‘‘Regional Di-
rector of the Federal Highway Administration’’ and
inserting ‘‘Field Administrator of the Federal Motor
Carrier Safety Administration’’; and
(2) in paragraph (3) by striking ‘‘Regional Di-
rector’’ and inserting ‘‘Field Administrator’’.
790
SEC. 4133. INTRASTATE AND FOREIGN OPERATIONS OF
INTERSTATE MOTOR CARRIERS.
Section 31144(a) of title 49, United States Code, is
amended to read as follows:
‘‘(a) IN GENERAL.—The Secretary shall—
‘‘(1) determine whether an owner or operator is
fit to operate safely commercial motor vehicles, uti-
lizing among other things the accident and safety in-
spection record of an owner or operator during
operations—
‘‘(A) in interstate commerce in the United
States;
‘‘(B) in a State that affects interstate com-
merce in the United States; and
‘‘(C) in Canada or Mexico if the owner or
operator also conducts operations in the United
States;
‘‘(2) periodically update such safety fitness de-
terminations;
‘‘(3) make such final safety fitness determina-
tions readily available to the public; and
‘‘(4) prescribe by regulation penalties for viola-
tions of this section consistent with section 521.’’.
791
SEC. 4134. OPERATORS OF VEHICLES TRANSPORTING AGRI-
CULTURAL COMMODITIES AND FARM SUP-
PLIES.
(a) AGRICULTURAL EXEMPTION.—Section 345(a)(1)
of the National Highway System Designation Act of 1995
(49 U.S.C. 31136 note; 109 Stat. 613) is amended to read
as follows:
‘‘(1) TRANSPORTATION OF AGRICULTURAL COM-
MODITIES AND FARM SUPPLIES.—Regulations pre-
scribed by the Secretary under sections 31136 and
31502 of title 49, United States Code, regarding
maximum driving and on-duty time for drivers used
by motor carriers shall not apply during planting
and harvest periods, as determined by each State to
drivers transporting agricultural commodities or
farm supplies for agricultural purposes in a State if
such transportation is limited to an area within a
100 air mile radius from the source of the commod-
ities or the distribution point for the farm sup-
plies.’’.
(b) REVIEW BY THE SECRETARY.—Section 345(c) of
such Act (109 Stat. 613) is amended by striking ‘‘other
than paragraph (2)’’ and inserting ‘‘other than paragraph
(1) or (2) of such subsection’’.
(c) DEFINITIONS.—Section 345(e) of such Act (109
Stat. 614) is amended by adding at the end the following:
792
‘‘(7) AGRICULTURAL
COMMODITY.—The term
‘agricultural commodity’ means any agricultural
commodity, food, feed, fiber, or livestock (including
livestock as defined in section 602 of the Emergency
Livestock Feed Assistance Act of 1988 (7 U.S.C.
1471) and insects).
‘‘(8) FARM SUPPLIES FOR AGRICULTURAL PUR-
POSES.—The term ‘farm supplies for agricultural
purposes’ means products directly related to the
growing or harvesting of agricultural commodities
during the planting and harvesting seasons within
each State, as determined by the State, and livestock
feed at any time of the year.’’.
SEC. 4135. HOURS OF SERVICE RULES FOR OPERATORS
PROVIDING 
TRANSPORTATION 
TO 
MOVIE
PRODUCTION SITES.
Notwithstanding sections 31136 and 31502 of title
49, United States Code, and any other provision of law,
the maximum daily hours of service for an operator of a
commercial motor vehicle providing transportation of
property or passengers to or from a theatrical or television
motion picture production site located within a 100 air
mile radius of the work reporting location of such operator
shall be those in effect under the regulations in effect
under such sections on April 27, 2003.
793
SEC. 4136. STATE LAWS RELATING TO VEHICLE TOWING.
Nothing in section 14501(c) of title 49, United States
Code, shall be construed to prevent a State from requiring
that, in the case of vehicles towed from private property
without the consent of the owner or operator of the vehi-
cle, towing companies have prior written authorization
from the property owner or lessee (or an employee or
agent thereof), or that such owner or lessee (or an em-
ployee or agent thereof) be present at the time the vehicle
is towed from the property, or both.
SEC. 4137. SPECIAL RULE FOR FISCAL YEAR 2004.
In any case in which an amount is authorized to be
appropriated, made available, allocated, set aside, taken
down, or subject to an obligation limitation for fiscal year
2004 for a program, project, or activity in any provision
of this title, including an amendment made by this title,
that is different than the amount authorized to be appro-
priated, made available, allocated, set aside, taken down,
or subject to an obligation limitation for fiscal year 2004
for such program, project, or activity in any provision of
the Surface Transportation Extension Act of 2004, Part
IV (Public Law 108–280), including any amendment
made by such Act, the amount referred to in such Act
shall be the amount authorized to be appropriated, made
available, allocated, set aside, taken down, or subject to
an obligation limitation.
794
SEC. 4138. NEBRASKA CUSTOM HARVESTERS LENGTH EX-
EMPTION.
Section 31112(c) of title 49, United States Code, is
amended by adding at the end the following:
‘‘(5) Nebraska may allow the operation of com-
mercial vehicle combinations of not to exceed 81
feet, 6 inches that are used only for harvesting
wheat, soybeans, and milo on a contract basis for
agricultural producers during the harvest months for
such crops as defined by the State of Nebraska.’’.
SEC. 4139. TRUCKLOAD FUEL SURCHARGE.
(a) IN GENERAL.—Chapter 137 of title 49, United
States Code, is amended by adding at the end the fol-
lowing:
‘‘§ 13714. Fuel surcharge
‘‘(a) REQUIREMENT FOR FUEL SURCHARGE.—Any
contract or agreement, providing for truckload transpor-
tation or service involving a motor carrier, broker, or
freight forwarder subject to jurisdiction under chapter 135
of this title that regularly provides such transportation or
service, shall include a requirement that the payer of
transportation charges pay a fuel surcharge that is no less
than the amount of the Increased Cost of Fuel as deter-
mined under subsection (c).
‘‘(b) IMPLEMENTATION.—The surcharge required by
subsection (a)—
795
‘‘(1) shall apply during any period in which the
Current Diesel Fuel Price surpasses, by $0.05 per
gallon of diesel fuel, the Benchmark Price deter-
mined under subsection (c);
‘‘(2) shall expire when the Current Diesel Fuel
Price equals or is less than $0.05 above the Bench-
mark Price set forth in subsection (c);
‘‘(3) shall be calculated on the date the applica-
ble shipment is physically tendered to the motor car-
rier, broker, or freight forwarder;
‘‘(4) shall be itemized separately on the invoices
of the motor carrier, broker, or freight forwarder;
‘‘(5) shall be paid to the motor carrier, broker,
or freight forwarder by the payer of transportation
charges;
‘‘(6) shall not apply to any transportation con-
tract or agreement, in effect on the date of enact-
ment of this section, that provides for a fuel cost ad-
justment or surcharge; and
‘‘(7) may be expressed on a mileage basis, as a
percentage of the freight charge, or in any other
manner the motor carrier, broker, or freight for-
warder elects.
‘‘(c) CALCULATION OF INCREASED COST OF FUEL.—
796
‘‘(1) INCREASED COST OF FUEL.—For purposes
of this section, the Increased Cost of Fuel shall be
the amount determined by subtracting the Bench-
mark Price from the Current Diesel Fuel Price and
then multiplying the difference by the number of
gallons of diesel fuel used in the transportation or
service provided.
‘‘(2) BENCHMARK PRICE.—For purposes of this
section, the following apply:
‘‘(A) INITIAL PRICE.—For the period be-
ginning on the date of enactment of this section
and ending immediately before the effective
date of the first adjusted Benchmark Price
under subparagraph (B), the Benchmark Price
shall be $1.10 per gallon of diesel fuel.
‘‘(B) SUBSEQUENT
ADJUSTMENTS.—Dur-
ing each calendar year subsequent to the cal-
endar year of enactment of this section, the
Secretary of Transportation shall adjust the
Benchmark Price by the percentage change in
the previous calendar year’s Annual Truckload
Producer Price Index as determined by the De-
partment of Labor and shall publish that ad-
justed Benchmark Price in the Federal Reg-
ister. The effective date of each adjusted
797
Benchmark Price shall be the first day of the
month following the date of such publication.
‘‘(3) CURRENT DIESEL FUEL PRICE.—For pur-
poses of this section, the Current Diesel Fuel Price
shall—
‘‘(A) be the latest weekly average price for
retail on-highway diesel fuel published by the
Energy Information Administration for the Pe-
troleum Administration for Defense district or
subdistrict where a shipment is physically ten-
dered to the motor carrier, broker, or freight
forwarder; and
‘‘(B) take effect the midnight after the
weekly average price is published.
‘‘(4) AMOUNT OF FUEL USED.—In calculating
the number of gallons of diesel fuel used in pro-
viding transportation or service under paragraph
(1)—
‘‘(A) it shall be assumed that a gallon of
diesel fuel is used for each 5 miles of transpor-
tation; and
‘‘(B) the mileage of the transportation or
service provided shall be the number of miles as
determined under the ‘Defense Table of Official
Distances’ issued by the Surface Deployment
798
and Distribution Command, Department of De-
fense or under any applicable mileage guide es-
tablished under section 13703(a)(1)(D).
‘‘(d) LIMITATION ON AUTHORITY.—Notwithstanding
any other provision of this part, any action to enforce this
section may only be brought by the motor carrier, broker,
or freight forwarder that provided the transportation serv-
ices against the payor of the transportation charges or by
the payor of the transportation charges against the motor
carrier, broker, of freight forwarder that provided the
transportation services. In such action, a court shall have
the authority to determine whether a fuel surcharge re-
quired under this section has been assessed or paid. A
court shall not have the authority in such action to review
any other charges imposed by the provider of the transpor-
tation services. Notwithstanding the publication of the
Benchmark Price under subsection (c)(2), neither the Sec-
retary of Transportation nor the Surface Transportation
Board shall have regulatory or enforcement authority re-
lating to provisions of this section.
‘‘(e) DEFINITIONS.—In this section, the following
definitions apply:
‘‘(1) PAYER OF TRANSPORTATION CHARGES.—
The term ‘payer of transportation charges’ means
799
any person who pays for the transportation or serv-
ice involved.
‘‘(2) PERSON RESPONSIBLE FOR PAYING FOR
FUEL.—The term ‘person responsible for paying for
fuel’ means any person who bears the cost of fuel
used for the transportation or service involved.’’.
(b) CLERICAL AMENDMENT.—The analysis for such
chapter is amended by adding at the end the following:
‘‘13714. Fuel surcharge.’’.
(c) CONFORMING AMENDMENT.—Section 14102 of
title 49, United States Code is amended by adding at the
end the following:
‘‘(c) MANDATORY PASS-THROUGH TO COST BEAR-
ER.—
‘‘(1) IN GENERAL.—A motor carrier, broker, or
freight forwarder providing transportation or service
using fuel not paid for by it—
‘‘(A) shall pass through to the person re-
sponsible for paying for fuel any fuel surcharge
or adjustment required pursuant to section
13714 or provided for in a transportation con-
tract or agreement at the same time payment
for the transportation or service is made to the
person responsible for paying for fuel;
‘‘(B) shall disclose in writing to the person
responsible for paying for fuel the amount of all
800
freight rates, charges, and fuel surcharges ap-
plicable to that transportation or service; and
‘‘(C) may not reduce, for the purpose of
adjusting for or avoiding the pass-through of a
fuel surcharge, nonfuel related compensatory
transportation payments to the person respon-
sible for paying for fuel.
‘‘(2) LIMITATION
ON
AUTHORITY.—Notwith-
standing any other provision of this part, the person
responsible for paying for fuel may bring an action
to enforce this subsection under section 14704
against the motor carrier, freight forwarder, or
broker providing the transportation services with ve-
hicles not owned by it or with fuel not paid for by
it. Neither the Secretary of Transportation nor the
Surface Transportation Board shall have regulatory
or enforcement authority relating to provisions of
this subsection.’’.
Subtitle B—Household Goods
Transportation
SEC. 4201. FEDERAL-STATE RELATIONS RELATING TO
TRANSPORTATION OF HOUSEHOLD GOODS.
(a) NONPREEMPTION
OF INTRASTATE TRANSPOR-
TATION
OF
HOUSEHOLD
GOODS.—Section
801
14501(c)(2)(B) of title 49, United States Code, is amend-
ed by inserting ‘‘intrastate’’ before ‘‘transportation’’.
(b) ENFORCEMENT
OF
CONSUMER
PROTECTION
WITH RESPECT
TO INTERSTATE HOUSEHOLD GOODS
CARRIERS.—Chapter 145 of such title is amended by add-
ing at the end the following:
‘‘§ 14506. Enforcement of Federal regulations by State
attorneys general
‘‘(a) IN GENERAL.—A State, as parens patriae, may
bring a civil action on behalf of a resident of the State
in an appropriate district court of the United States to
enforce a regulation or order of the Secretary or Board—
‘‘(1) to protect an individual shipper of house-
hold goods if such regulation or order governs the
delivery of the shipper’s household goods; or
‘‘(2) to impose a civil penalty under section
14915 whenever the attorney general of the State
has reason to believe that the interests of the resi-
dents of the State have been or are being threatened
or adversely affected by—
‘‘(A) a carrier or broker providing trans-
portation of household goods subject to jurisdic-
tion under subchapter I or III of chapter 135
who is committing repeat violations of section
14915; or
802
‘‘(B) a foreign motor carrier providing
transportation of household goods who is reg-
istered under section 13902 and who is commit-
ting repeat violations of section 14915.
‘‘(b) LIMITATION ON STATUTORY CONSTRUCTION.—
Nothing in this section shall be construed—
‘‘(1) as preventing an attorney general from ex-
ercising the powers conferred on the attorney gen-
eral by the laws of such State to conduct investiga-
tions or to administer oaths or affirmations or to
compel the attendance of witnesses or the production
of documentary and other evidence;
‘‘(2) as prohibiting a State official from pro-
ceeding in State court to enforce a criminal statute
of the State;
‘‘(3) as authorizing a State or political subdivi-
sion of a State to bring an enforcement action under
a consumer protection law, regulation, or other pro-
vision of the State relating to interstate transpor-
tation of household goods (as defined in section
13102(10)(A)) with respect to an activity that is in-
consistent with Federal laws and regulations relating
to interstate transportation of household goods; or
‘‘(4) as authorizing a State, as parens patriae,
to bring a class civil action on behalf of its residents
803
to enforce a regulation or order of the Secretary or
Board.
‘‘(c) ACTIONS
BY
THE SECRETARY
OR BOARD.—
Whenever a civil action has been instituted by or on behalf
of the Secretary or Board for violation of section 14915,
no State may, during the pendency of such action, insti-
tute a civil action under subsection (a) against any defend-
ant named in the complaint relating to such violation.
‘‘(d) VENUE; SERVICE OF PROCESS.—Any civil ac-
tion to be brought under subsection (a) in a district court
of the United States may be brought in the district in
which the defendant is found, is an inhabitant, or trans-
acts business or wherever venue is proper under section
1391 of title 28. Process in such an action may be served
in any district in which the defendant is an inhabitant or
in which the defendant may be found.’’.
(c) CONFORMING AMENDMENT.—The analysis for
such chapter is amended by adding at the end the fol-
lowing:
‘‘14506. Enforcement of Federal regulations by State attorneys general.’’.
SEC. 4202. ARBITRATION REQUIREMENTS.
(a) OFFERING SHIPPERS ARBITRATION.—Section
14708(a) of title 49, United States Code, is amended by
inserting before the period at the end the following: ‘‘and
to determine whether carrier charges, in addition to those
collected at delivery, must be paid by the shipper for trans-
804
portation and services related to the transportation of
household goods’’.
(b) THRESHOLD FOR BINDING ARBITRATION.—Sec-
tion 14708(b)(6) of such title is amended by striking
‘‘$5,000’’ each place it appears and inserting ‘‘$10,000’’.
(c) DEADLINE FOR DECISION.—Section 14708(b)(8)
of such title is amended—
(1) by striking ‘‘and’’; and
(2) by inserting after ‘‘for damages’’ the fol-
lowing: ‘‘, and an order requiring the payment of ad-
ditional carrier charges’’.
(d) ATTORNEY’S
FEES
TO
SHIPPERS.—Section
14708(d)(3) of such title is amended—
(1) by redesignating subparagraphs (A) and
(B) as subparagraphs (B) and (C), respectively; and
(2) by inserting before subparagraph (B) (as so
redesignated) the following:
‘‘(A) the shipper was not advised by the carrier
during the claim settlement process that a dispute
settlement program was available to resolve the dis-
pute;’’.
805
SEC. 4203. CIVIL PENALTIES RELATING TO HOUSEHOLD
GOODS 
BROKERS 
AND 
UNAUTHORIZED
TRANSPORTATION.
Section 14901(d) of title 49, United States Code, is
amended—
(1) by striking ‘‘If a carrier’’ and inserting the
following:
‘‘(1) IN GENERAL.—If a carrier’’; and
(2) by adding at the end the following:
‘‘(2) ESTIMATE OF BROKER WITHOUT CARRIER
AGREEMENT.—If a broker for transportation of
household goods subject to jurisdiction under sub-
chapter I of chapter 135 makes an estimate of the
cost of transporting any such goods before entering
into an agreement with a carrier to provide trans-
portation of household goods subject to such juris-
diction, the broker is liable to the United States for
a civil penalty of not less than $10,000 for each vio-
lation.
‘‘(3) UNAUTHORIZED TRANSPORTATION.—If a
person provides transportation of household goods
subject to jurisdiction under subchapter I of chapter
135 or provides broker services for such transpor-
tation without being registered under chapter 139 to
provide such transportation or services as a motor
carrier or broker, as the case may be, such person
806
is liable to the United States for a civil penalty of
not less than $25,000 for each violation.’’.
SEC. 4204. CIVIL PENALTY FOR HOLDING HOUSEHOLD
GOODS HOSTAGE.
(a) IN GENERAL.—Chapter 149 of title 49, United
States Code, is amended by adding at the end the fol-
lowing:
‘‘§ 14915. Holding household goods hostage
‘‘(a) HOLDING HOUSEHOLD GOODS HOSTAGE DE-
FINED.—For purposes of this section, the term ‘holding
household goods hostage’ means the knowing and willful
refusal to relinquish possession of a shipment of household
goods described in section 13102(10)(A) upon payment of
not more than 100 percent of a binding estimate (or, in
the case of a nonbinding estimate, not more than 110 per-
cent of the estimated charges for such shipment).
‘‘(b) CIVIL PENALTY.—Whoever is found holding a
household goods shipment hostage is liable to the United
States for a civil penalty of not less than $10,000 for each
violation. If such person is a carrier or broker, the Sec-
retary may suspend for a period of not less than 6 months
the registration of such carrier or broker under chapter
139.’’.
807
(b) CONFORMING AMENDMENT.—The analysis for
such chapter is amended by adding at the end the fol-
lowing:
‘‘14915. Holding household goods hostage.’’.
SEC. 4205. WORKING GROUP FOR DEVELOPMENT OF PRAC-
TICES AND PROCEDURES TO ENHANCE FED-
ERAL-STATE RELATIONS.
(a) IN GENERAL.—Not later than 90 days after the
date of enactment of this Act, the Secretary shall establish
a working group of State attorneys general, State con-
sumer protection administrators, and Federal and local
law enforcement officials for the purpose of developing
practices and procedures to enhance the Federal-State
partnership in enforcement efforts, exchange of informa-
tion, and coordination of enforcement efforts with respect
to interstate transportation of household goods and of
making legislative and regulatory recommendations to the
Secretary concerning such enforcement efforts.
(b) CONSULTATION.—In carrying out subsection (a),
the working group shall consult with industries involved
in the transportation of household goods.
(c) FEDERAL ADVISORY COMMITTEE ACT EXEMP-
TION.—The Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply to the working group established
under subsection (a).
808
(d) TERMINATION DATE.—The working group shall
remain in effect until September 30, 2009.
SEC. 4206. CONSUMER HANDBOOK ON DOT WEB SITE.
Not later than 1 year after the date of enactment
of this Act, the Secretary shall take such action as may
be necessary to ensure that publication ESA 03005 of the
Federal Motor Carrier Safety Administration entitled
‘‘Your Rights and Responsibilities When You Move’’, is
prominently displayed, and available in language that is
readily understandable by the general public, on the Web
site of the Department of Transportation.
SEC. 4207. RELEASE OF HOUSEHOLD GOODS BROKER IN-
FORMATION.
Not later than 1 year after the date of enactment
of this Act, the Secretary shall modify the regulations con-
tained in part 375 of title 49, Code of Federal Regula-
tions, to require a broker that is subject to such regula-
tions to provide shippers with the following information
whenever they have contact with a shipper or potential
shipper:
(1) The Department of Transportation number
of the broker.
(2) The ESA 03005 publication referred to in
section 4206 of this Act.
809
(3) A list of all motor carriers providing trans-
portation of household goods used by the broker and
a statement that the broker is not a motor carrier
providing transportation of household goods.
SEC. 4208. CONSUMER COMPLAINT INFORMATION.
(a) ESTABLISHMENT OF SYSTEM.—Not later than 1
year after the date of enactment of this Act, the Secretary
shall—
(1) establish a system for filing and logging
consumer complaints relating to motor carriers pro-
viding transportation of household goods and for
compiling complaint information gathered by the De-
partment of Transportation and the States with re-
gard to such carriers, a database of the complaints,
and a procedure for the public to have access to ag-
gregated information and for carriers to challenge
duplicate or fraudulent information in the database;
and
(2) issue regulations requiring each motor car-
rier of household goods to submit on a quarterly
basis a report summarizing—
(A) the number of shipments that originate
and are delivered for individual shippers during
the reporting period by the carrier;
810
(B) the number and general category of
complaints lodged by consumers with the car-
rier;
(C) the number of claims filed with the
carrier for loss and damage in excess of $500;
(D) the number of such claims resolved
during the reporting period;
(E) the number of such claims declined in
the reporting period; and
(F) the number of such claims that are
pending at the close of the reporting period.
(b) USE OF INFORMATION.—The Secretary shall con-
sider information in the data base established under sub-
section (a) in its household goods compliance and enforce-
ment program.
SEC. 4209. INSURANCE REGULATIONS.
(a) REVIEW.—Not later than 1 year after the date
of enactment of this Act, the Secretary shall undertake
a review of the current Federal regulations regarding in-
surance coverage provided by motor carriers providing
transportation of household goods and revise such regula-
tions in order to provide enhanced protection for shippers
in the case of loss or damage as determined necessary.
(b) DETERMINATIONS.—The review shall include, but
not be limited to, a determination of—
811
(1) whether the current regulations provide ade-
quate protection for shippers;
(2) whether an individual shipper should pur-
chase insurance as opposed to the carrier; and
(3) whether there are abuses of the current reg-
ulations that leave the shipper unprotected in loss
and damage claims.
SEC. 4210. ESTIMATING REQUIREMENTS.
Section 14104(b)(1) of title 49, United States Code,
is amended to read as follows:
‘‘(1) REQUIRED TO BE IN WRITING.—
‘‘(A) IN GENERAL.—Except as otherwise
provided in this subsection, every motor carrier
providing transportation of household goods de-
scribed in section 13102(10)(A) subject to ju-
risdiction under subchapter I of chapter 135
shall conduct a physical survey of the household
goods to be transported on behalf of a prospec-
tive individual shipper and shall provide the
shipper with a written estimate of charges for
the transportation and all related services.
‘‘(B) WAIVER.—A shipper may elect to
waive a physical survey under this paragraph by
written agreement signed by the shipper before
the shipment is loaded. A copy of the waiver
812
agreement must be retained as an addendum to
the bill of lading and shall be subject to the
same record inspection and preservation re-
quirements of the Secretary as are applicable to
bills of lading.
‘‘(C) ESTIMATE.—
‘‘(i) IN GENERAL.—Notwithstanding a
waiver under subparagraph (B), a carrier’s
statement of charges for transportation
must be submitted to the shipper in writ-
ing and must indicate whether it is binding
or nonbinding.
‘‘(ii) BINDING.—A binding estimate
under this paragraph must indicate that
the carrier and shipper are bound by such
charges. The carrier may impose a charge
for providing a written binding estimate.
‘‘(iii) NONBINDING.—A nonbinding
estimate under this paragraph must indi-
cate that the actual charges will be based
upon the actual weight of the individual
shipper’s shipment and the carrier’s lawful
tariff charges. The carrier may not impose
a charge for providing a nonbinding esti-
mate.’’.
813
SEC. 4211. APPLICATION OF STATE CONSUMER PROTEC-
TION LAWS TO CERTAIN HOUSEHOLD GOODS
CARRIERS.
(a) STUDY.—The Comptroller General shall conduct
a study on the current consumer protection authorities
and actions of the Department of Transportation and the
impact on shippers and carriers of household goods in-
volved in interstate transportation of allowing State attor-
neys general to apply State consumer protection laws to
such transportation.
(b) MATTERS TO BE CONSIDERED.—In conducting
the study, the Comptroller General shall consider, at a
minimum—
(1) the level of consumer protection being pro-
vided to consumers through Federal household goods
regulations and how household goods regulations re-
lating to consumer protection compare to regulations
relating to consumer protection for other modes of
transportation regulated by the Department of
Transportation;
(2) the history and background of State en-
forcement of State consumer protection laws on
household goods carriers providing intrastate trans-
portation and what effects such laws have on the
ability of intrastate household goods carriers to op-
erate;
814
(3) what operational impacts, if any, would re-
sult on household goods carriers engaged in inter-
state commerce being subject to the State consumer
protection laws; and
(4) the potential for States to regulate rates or
other business operations if State consumer protec-
tion laws applied to interstate household goods
movements.
(c) CONSULTATION.—In conducting the study, the
Comptroller General shall consult with the Secretary,
State attorneys general, consumer protection agencies,
and the household goods industry.
(d) REPORT.—Not later than 18 months after the
date of enactment of this Act, the Comptroller General
shall transmit to the Committee of Transportation and In-
frastructure of the House of Representatives and the Com-
mittee on Commerce, Science and Transportation of the
Senate a report on the results of the study.
SEC. 4212. APPLICABILITY TO HOUSEHOLD GOODS MOTOR
CARRIERS.
(a) IN GENERAL.—The provisions of title 49, United
States Code, and this Act (including any amendments
made by this Act) relating to the transportation of house-
hold goods shall only apply to household goods motor car-
riers.
815
(b) HOUSEHOLD
GOODS
MOTOR
CARRIER
DE-
FINED.—In this section, the term ‘‘household goods motor
carrier’’ means a motor carrier as defined in section
13102(12) of title 49, United States Code, which, in the
ordinary course of its business of providing transportation
of household goods, offers some or all of the following ad-
ditional services: binding and nonbinding estimates,
inventorying, protective packing and unpacking of indi-
vidual items, and loading and unloading at personal resi-
dences.
SEC. 4213. VIOLATIONS OF OUT-OF-SERVICE ORDERS.
Section 31310(i)(2) of title 49, United States Code,
is amended by adding at the end the following:
‘‘(D) an employer that knowingly and willfully
allows or requires an employee to operate a commer-
cial motor vehicle in violation of an out-of-service
order shall, upon conviction, be subject for each of-
fense to imprisonment for a term not to exceed one
year or a fine under title 18, or both.’’.
SEC. 4214. CRIMINAL PENALTY FOR HOLDING GOODS HOS-
TAGE .
Section 14915 of title 49, United States Code, as
added by section 4204 of this Act is amended by adding
at the end the following:
816
‘‘(c) CRIMINAL PENALTY.—A motor carrier that has
been convicted of knowingly and willfully holding house-
hold goods hostage by falsifying documents or demanding
the payment of charges for services that were not per-
formed or were not necessary in the safe and adequate
movement of a shipment of household goods shall be fined
under title 18, or imprisoned not more than 2 years, or
both.’’.
TITLE V—TRANSPORTATION
RESEARCH AND EDUCATION
Subtitle A—Funding
SEC. 5101. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—The following sums are author-
ized to be appropriated out of the Highway Trust Fund
(other than the Mass Transit Account):
(1) SURFACE TRANSPORTATION RESEARCH, DE-
VELOPMENT, 
AND
DEPLOYMENT
PROGRAM.—To
carry out sections 502, 503, 506, 507, 509, and 510
of title 23, United States Code, and sections 5207,
5210, 5211, and 5402 of this title—
(A) $169,000,000 for fiscal year 2004;
(B) $239,500,000 for fiscal year 2005;
(C) $239,500,000 for fiscal year 2006;
(D) $239,500,000 for fiscal year 2007;
(E) $239,500,000 for fiscal year 2008; and
817
(F) $239,500,000 for fiscal year 2009.
(2) TRAINING AND EDUCATION.—To carry out
section 504 of title 23, United States Code, and sec-
tion 5211 of this Act, $24,500,000 for fiscal year
2004 and $33,500,000 for each of fiscal years 2005
through 2009.
(3) BUREAU
OF
TRANSPORTATION
STATIS-
TICS.—For the Bureau of Transportation Statistics
to carry out section 111 of title 49, United States
Code, $31,000,000 for fiscal year 2004 and
$33,000,000 for each of fiscal years 2005 through
2009.
(4) 
UNIVERSITY
TRANSPORTATION
RE-
SEARCH.—To carry out sections 5505 and 5506 of
title 49, United States Code, $54,500,000 for fiscal
year 2004 and $71,000,000 for each of fiscal years
2005 through 2009.
(5) INTELLIGENT
TRANSPORTATION
SYSTEMS
(ITS) RESEARCH.—To carry out subtitle F of this
title, $115,000,000 for each of fiscal years 2004
through 2009.
(6) ITS DEPLOYMENT.—To carry out sections
5208 and 5209 of the Transportation Equity Act for
the 21st Century (112 Stat. 458; 112 Stat. 460),
$100,000,000 for fiscal years 2004 and 2005.
818
(b) APPLICABILITY OF TITLE 23, UNITED STATES
CODE.—Funds authorized to be appropriated by sub-
section (a) shall be available for obligation in the same
manner as if such funds were apportioned under chapter
1 of title 23, United States Code; except that the Federal
share of the cost of a project or activity carried out using
such funds shall be 50 percent, unless otherwise expressly
provided by this Act (including the amendments made by
this Act) or otherwise determined by the Secretary, and
such funds shall remain available until expended and shall
not be transferable.
SEC. 5102. OBLIGATION CEILING.
Notwithstanding any other provision of law, the total
of all obligations from amounts made available from the
Highway Trust Fund (other than the Mass Transit Ac-
count) by sections 5101(a) and 5401 of this Act shall not
exceed $483,000,000 for fiscal year 2004, $484,000,000
for fiscal year 2005, $485,000,000 for fiscal year 2006,
$485,000,000 for fiscal year 2007, $486,000,000 for fis-
cal year 2008, and $487,000,000 for fiscal year 2009.
SEC. 5103. FINDINGS.
Congress finds the following:
(1) Research and development are critical to de-
veloping and maintaining a transportation system
that meets the goals of safety, mobility, economic vi-
819
tality, efficiency, equity, and environmental protec-
tion.
(2) Federally sponsored surface transportation
research and development has produced many suc-
cesses. The development of rumble strips has in-
creased safety; research on materials has increased
the lifespan of pavements, saving money and reduc-
ing the disruption caused by construction; and Geo-
graphic Information Systems have improved the
management and efficiency of transit fleets.
(3) Despite these important successes, the Fed-
eral surface transportation research and develop-
ment investment represents less than one percent of
overall government spending on surface transpor-
tation.
(4) While Congress increased funding for over-
all transportation programs by about 40 percent in
the Transportation Equity Act for the 21st Century,
funding for transportation research and development
remained relatively flat.
(5) The Federal investment in research and de-
velopment should be balanced between short-term
applied and long-term fundamental research and de-
velopment. The investment should also cover a wide
range of research areas, including research on mate-
820
rials and construction, research on operations, re-
search on transportation trends and human factors,
and research addressing the institutional barriers to
deployment of new technologies.
(6) Therefore, Congress finds that it is in the
United States interest to increase the Federal in-
vestment in transportation research and develop-
ment, and to conduct research in critical research
gaps, in order to ensure that the transportation sys-
tem meets the goals of safety, mobility, economic vi-
tality, efficiency, equity, and environmental protec-
tion.
Subtitle B—Research, Technology,
and Education
SEC. 5201. RESEARCH, TECHNOLOGY, AND EDUCATION.
(a) RESEARCH, TECHNOLOGY, AND EDUCATION.—
Title 23, United States Code, is amended—
(1) in the table of chapters by striking the item
relating to chapter 5 and inserting the following:
‘‘5. RESEARCH, TECHNOLOGY, AND EDUCATION .......................
501’’.
(2) by striking the heading for chapter 5 and
inserting the following:
821
‘‘CHAPTER 5—RESEARCH, TECHNOLOGY,
AND EDUCATION’’.
(b) STATEMENT
OF PRINCIPLES GOVERNING RE-
SEARCH AND TECHNOLOGY INVESTMENTS.—Section 502
of such title is amended—
(1) by redesignating subsections (a) through (g)
as subsections (b) through (h), respectively; and
(2) by inserting before subsection (b) (as so re-
designated) the following:
‘‘(a) BASIC PRINCIPLES GOVERNING RESEARCH AND
TECHNOLOGY INVESTMENTS.—
‘‘(1) COVERAGE.—Surface transportation re-
search and technology development shall include all
activities leading to technology development and
transfer, as well as the introduction of new and in-
novative ideas, practices, and approaches, through
such mechanisms as field applications, education and
training, and technical support.
‘‘(2) FEDERAL RESPONSIBILITY.—Funding and
conducting surface transportation research and tech-
nology transfer activities shall be considered a basic
responsibility of the Federal Government when the
work—
‘‘(A) is of national significance;
822
‘‘(B) supports research in which there is a
clear public benefit and private sector invest-
ment is less than optimal;
‘‘(C) supports a Federal stewardship role
in assuring that State and local governments
use national resources efficiently; or
‘‘(D) presents the best means to support
Federal policy goals compared to other policy
alternatives.
‘‘(3) ROLE.—Consistent with these Federal re-
sponsibilities, the Secretary shall—
‘‘(A) conduct research;
‘‘(B) support and facilitate research and
technology transfer activities by State highway
agencies;
‘‘(C) share results of completed research;
and
‘‘(D) support and facilitate technology and
innovation deployment.
‘‘(4) PROGRAM CONTENT.—A surface transpor-
tation research program shall include—
‘‘(A) fundamental, long-term highway re-
search;
823
‘‘(B) research aimed at significant highway
research gaps and emerging issues with na-
tional implications; and
‘‘(C) research related to policy and plan-
ning.
‘‘(5) STAKEHOLDER
INPUT.—Federal surface
transportation research and development activities
shall address the needs of stakeholders. Stakeholders
include States, metropolitan planning organizations,
local governments, the private sector, researchers,
research sponsors, and other affected parties, includ-
ing public interest groups.
‘‘(6) COMPETITION
AND
PEER
REVIEW.—Ex-
cept as otherwise provided in this Act, the Secretary
shall award all grants, contracts, and cooperative
agreements for research and development under this
Act based on open competition and peer review of
proposals.
‘‘(7) PERFORMANCE
REVIEW
AND
EVALUA-
TION.—To the maximum extent practicable, all sur-
face 
transportation 
research 
and 
development
projects shall include a component of performance
measurement and evaluation. Performance measures
shall be established during the proposal stage of a
research and development project and shall, to the
824
maximum extent possible, be outcome-based. All
evaluations shall be made readily available to the
public.’’.
(c) PROCUREMENT FOR RESEARCH, DEVELOPMENT,
AND
TECHNOLOGY
TRANSFER
ACTIVITIES.—Section
502(b)(3) of such title (as redesignated by subsection (b)
of this section) is amended to read as follows:
‘‘(3) 
COOPERATION, 
GRANTS, 
AND
CON-
TRACTS.—The Secretary may carry out research, de-
velopment, and technology transfer activities related
to transportation—
‘‘(A) independently;
‘‘(B) in cooperation with other Federal de-
partments, agencies, and instrumentalities and
Federal laboratories; or
‘‘(C) by making grants to, or entering into
contracts, cooperative agreements, and other
transactions with one or more of the following:
the National Academy of Sciences, the Amer-
ican Association of State Highway and Trans-
portation Officials, any Federal laboratory,
Federal agency, State agency, authority, asso-
ciation, institution, for-profit or nonprofit cor-
poration, organization, foreign country, any
other person.’’.
825
(d) TRANSPORTATION POOLED FUND PROGRAM.—
Section 502(b) of such title (as redesignated by subsection
(b) of this section), is amended by adding at the end the
following:
‘‘(6) POOLED FUNDING.—
‘‘(A) COOPERATION.—To promote effective
utilization of available resources, the Secretary
may cooperate with a State and an appropriate
agency in funding research, development, and
technology transfer activities of mutual interest
on a pooled funds basis.
‘‘(B) SECRETARY
AS
AGENT.—The Sec-
retary may enter into contracts, cooperative
agreements, grants, and other transactions as
agent for all participating parties in carrying
out such research, development, or technology
transfer.’’.
(e) OPERATIONS ELEMENTS IN RESEARCH ACTIVI-
TIES.—Section 502 of such title is further amended—
(1) in subsection (b)(1)(B) (as redesignated by
subsection (b) of this section) by inserting ‘‘trans-
portation system management and operations,’’ after
‘‘operation,’’.
826
(2) in subsection (d)(5)(C) (as redesignated by
subsection (b) of this section) by inserting ‘‘system
management and’’ after ‘‘transportation’’; and
(3) by inserting at the end of subsection (d) (as
redesignated by subsection (b) of this section) the
following:
‘‘(12) Investigation and development of various
operational methodologies to reduce the occurrence
and impact of recurrent congestion and nonrecurrent
congestion and increase transportation system reli-
ability.
‘‘(13) Investigation of processes, procedures,
and technologies to secure container and hazardous
material transport, including the evaluation of regu-
lations and the impact of good security practices on
commerce and productivity.
‘‘(14) Research, development, and technology
transfer related to asset management.’’.
(f) FACILITATING TRANSPORTATION RESEARCH AND
TECHNOLOGY
DEPLOYMENT
PARTNERSHIPS.—Section
502(c)(2) of such title (as redesignated by subsection (b)
of this section) is amended to read as follows:
‘‘(2) COOPERATION, GRANTS, CONTRACTS, AND
AGREEMENTS.—Notwithstanding any other provision
of law, the Secretary may directly initiate contracts,
827
cooperative research and development agreements
(as defined in section 12 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C.
3710a)), and other transactions to fund, and accept
funds from, the Transportation Research Board of
the National Research Council of the National Acad-
emy of Sciences, State departments of transpor-
tation, cities, counties, and their agents to conduct
joint transportation research and technology ef-
forts.’’.
(g) EXPLORATORY
ADVANCED
RESEARCH
PRO-
GRAM.—Section 502(e) of such title (as redesignated by
subsection (b) of this section) is amended to read as fol-
lows:
‘‘(e) EXPLORATORY ADVANCED RESEARCH.—
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish an exploratory advanced research program, con-
sistent with the surface transportation research and
technology development strategic plan developed
under section 508 that involves and draws upon
basic research results to provide a better under-
standing of problems and develop innovative solu-
tions. In carrying out the program, the Secretary
shall strive to develop partnerships with public and
private sector entities.
828
‘‘(2) RESEARCH AREAS.—In carrying out the
program, the Secretary may make grants and enter
into cooperative agreements and contracts in such
areas of surface transportation research and tech-
nology as the Secretary determines appropriate, in-
cluding the following:
‘‘(A) Characterization of materials used in
highway infrastructure, including analytical
techniques, microstructure modeling, and the
deterioration processes.
‘‘(B) Assessment of the effects of transpor-
tation decisions on human health.
‘‘(C) Development of surrogate measures
of safety.
‘‘(D) Environmental research.
‘‘(E) Data acquisition techniques for sys-
tem condition and performance monitoring.
‘‘(F) System performance data and infor-
mation processing needed to assess the day-to-
day operational performance of the system in
support of hour-to-hour operational decision-
making.’’.
(h) LONG-TERM PAVEMENT PERFORMANCE PRO-
GRAM.—
829
(1) IN GENERAL.—Section 502(f) of such title
(as redesignated by subsection (b) of this section) is
amended to read as follows:
‘‘(f) LONG-TERM PAVEMENT PERFORMANCE PRO-
GRAM.—
‘‘(1) AUTHORITY.—The Secretary shall com-
plete the 20-year long-term pavement performance
program tests initiated under the strategic highway
research program established under section 307(d)
(as in effect on June 8, 1998).
‘‘(2) GRANTS, COOPERATIVE AGREEMENTS, AND
CONTRACTS.—Under the program, the Secretary
shall make grants and enter into cooperative agree-
ments and contracts to—
‘‘(A) monitor, material-test, and evaluate
highway test sections in existence as of the date
of the grant, agreement, or contract;
‘‘(B) analyze the data obtained under sub-
paragraph (A); and
‘‘(C) prepare products to fulfill program
objectives and meet future pavement technology
needs.’’.
(2) FUNDING.—Of the amounts made available
by section 5101(a)(1) of this Act, $10,000,000 for
fiscal year 2004 and $21,000,000 for each of fiscal
830
years 2005 through 2009 shall be available to carry
out section 502(f) of title 23, United States Code.
(i) TURNER-FAIRBANK HIGHWAY RESEARCH CEN-
TER.—Section 502 of title 23, United States Code, is fur-
ther amended by adding at the end the following:
‘‘(i) TURNER-FAIRBANK HIGHWAY RESEARCH CEN-
TER.—
‘‘(1) IN GENERAL.—The Secretary shall operate
in the Federal Highway Administration a Turner-
Fairbank Highway Research Center.
‘‘(2) USES
OF
THE
CENTER.—The Turner-
Fairbank Highway Research Center shall support—
‘‘(A) the conduct of highway research and
development related to new highway technology;
‘‘(B) the development of understandings,
tools, and techniques that provide solutions to
complex technical problems through the devel-
opment of economical and environmentally sen-
sitive designs, efficient and quality-controlled
construction practices, and durable materials;
and
‘‘(C) the development of innovative high-
way products and practices.’’.
(j) UNIVERSITY FUNDING.—Except as otherwise pro-
vided in this title and any amendments made by this title,
831
the Secretary may not provide financial assistance to a
university under section 5101 unless the university is se-
lected to receive such funds through a competitive process
that incorporates merit-based peer review and the selec-
tion is based on a proposal submitted to the Secretary by
the university in response to a request for proposals issued
by the Secretary.
SEC. 5202. LONG-TERM BRIDGE PERFORMANCE PROGRAM;
INNOVATIVE BRIDGE RESEARCH AND DE-
PLOYMENT PROGRAM.
(a) LONG-TERM
BRIDGE
PERFORMANCE
PRO-
GRAM.—
(1) IN
GENERAL.—Section 502 of title 23,
United States Code, is further amended by adding
at the end the following:
‘‘(j) LONG-TERM
BRIDGE
PERFORMANCE
PRO-
GRAM.—
‘‘(1) AUTHORITY.—The Secretary shall estab-
lish a 20-year long-term bridge performance pro-
gram.
‘‘(2) GRANTS, COOPERATIVE AGREEMENTS, AND
CONTRACTS.—Under the program, the Secretary
shall make grants and enter into cooperative agree-
ments and contracts to—
832
‘‘(A) monitor, material-test, and evaluate
test bridges;
‘‘(B) analyze the data obtained under sub-
paragraph (A); and
‘‘(C) prepare products to fulfill program
objectives and meet future bridge technology
needs.’’.
(2) FUNDING.—Of the amounts made available
by section 5101(a)(1) of this Act, $5,000,000 for
fiscal year 2004 and $15,000,000 for each of fiscal
years 2005 through 2009 shall be available to carry
out section 502(j) of title 23, United States Code.
(b) INNOVATIVE BRIDGE RESEARCH AND DEPLOY-
MENT PROGRAM.—
(1) IN GENERAL.—Section 503(b)(1) of such
title is amended to read as follows:
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish and carry out a program to promote, dem-
onstrate, evaluate, and document the application of
innovative designs, materials, and construction
methods in the construction, repair, and rehabilita-
tion of bridges and other highway structures.’’.
(2) GOALS.—Section 503(b)(2) of such title is
amended to read as follows:
833
‘‘(2) GOALS.—The goals of the program shall
include—
‘‘(A) the development of new, cost-effec-
tive, innovative highway bridge applications;
‘‘(B) the development of construction tech-
niques to increase safety and reduce construc-
tion time and traffic congestion;
‘‘(C) the development of engineering design
criteria for innovative products, materials, and
structural systems for use in highway bridges
and structures;
‘‘(D) the reduction of maintenance costs
and life-cycle costs of bridges, including the
costs of new construction, replacement, or reha-
bilitation of deficient bridges;
‘‘(E) the development of highway bridges
and structures that will withstand natural dis-
asters;
‘‘(F) the documentation and wide dissemi-
nation of objective evaluations of the perform-
ance and benefits of these innovative designs,
materials, and construction methods;
‘‘(G) the effective transfer of resulting in-
formation and technology; and
834
‘‘(H) the development of improved methods
to detect bridge scour and economical bridge
foundation designs that will withstand bridge
scour.’’.
(3) FUNDING.—
(A) IN GENERAL.—Of the amounts made
available by section 5101(a)(1) of this Act,
$20,000,000 for each of fiscal years 2004
through 2009 shall be available to carry out
section 503(b) of title 23, United States Code;
and
(B) 
HIGH
PERFORMANCE
CONCRETE
BRIDGE TECHNOLOGY RESEARCH AND DEPLOY-
MENT.—The 
Secretary 
shall 
obligate
$2,000,000 of the amount described in subpara-
graph (A) for each of fiscal years 2004 through
2009 to conduct research and deploy technology
related to high-performance concrete bridges.
SEC. 5203. SURFACE TRANSPORTATION ENVIRONMENT AND
PLANNING COOPERATIVE RESEARCH PRO-
GRAM.
(a) IN GENERAL.—Section 507 of title 23, United
States Code, is amended to read as follows:
835
‘‘§ 507. Surface Transportation environment and
planning cooperative research program
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish and carry out a collaborative, public-private surface
transportation environment and planning cooperative re-
search program.
‘‘(b) AGREEMENT.—The Secretary shall enter into an
agreement with the National Academy of Sciences to carry
out administrative and management activities relating to
the governance of the surface transportation environment
and planning cooperative research program.
‘‘(c) ADVISORY COMMITTEE.—
‘‘(1) ESTABLISHMENT.—The Secretary shall es-
tablish a committee that will be responsible for pro-
gram oversight and project selection.
‘‘(2) MEMBERSHIP.—The members of the com-
mittee shall be appointed by the Secretary and shall
be composed of—
‘‘(A) representatives of State, regional, and
local transportation agencies, including transit
agencies;
‘‘(B) representatives of State environ-
mental agencies and other environmental orga-
nizations;
‘‘(C) representatives of the transportation
private sector;
836
‘‘(D) transportation and environmental sci-
entists and engineers; and
‘‘(E) representatives of the Federal High-
way Administration, Federal Transit Adminis-
tration, 
Environmental 
Protection 
Agency,
United States Fish and Wildlife Service, Corps
of Engineers, American Association of State
Highway and Transportation Officials, and
American Public Transportation Association,
who shall serve in an ex officio capacity.
‘‘(3) BALANCE.—The majority of the commit-
tee’s voting members shall be representatives of gov-
ernment transportation agencies.
‘‘(4) MEETINGS.—The National Academy of
Sciences shall convene meetings of the committee.
‘‘(d) GOVERNANCE.—The program established under
this section shall include the following administrative and
management elements:
‘‘(1) NATIONAL RESEARCH AGENDA.—The advi-
sory committee, in consultation with interested par-
ties, shall carry out and periodically update research
and development called for in the Transportation
Research Board Special Report 268, entitled ‘Sur-
face Transportation Environmental Research: A
Long-Term Strategy’ and published in 2002, as de-
837
scribed in subsection (e). The national research
agenda shall include a multiyear strategic plan.
‘‘(2) INVOLVEMENT.—Interested parties may—
‘‘(A) submit research proposals;
‘‘(B) participate in merit reviews of re-
search proposals and peer reviews of research
products; and
‘‘(C) receive research results.
‘‘(3) OPEN COMPETITION AND PEER REVIEW OF
RESEARCH PROPOSALS.—The National Academy of
Sciences may award under the program research
contracts and grants through open competition and
merit review conducted on a regular basis.
‘‘(4) EVALUATION OF RESEARCH.—
‘‘(A) PEER REVIEW.—Research contracts
and grants may allow peer review of the re-
search results.
‘‘(B) PROGRAMMATIC EVALUATIONS.—The
National Academy of Sciences may conduct
periodic programmatic evaluations on a regular
basis.
‘‘(5) DISSEMINATION
OF
RESEARCH
FIND-
INGS.—The National Academy of Sciences shall dis-
seminate research findings to researchers, practi-
tioners, and decisionmakers, through conferences
838
and seminars, field demonstrations, workshops,
training programs, presentations, testimony to gov-
ernment officials, World Wide Web, and publications
for the general public.
‘‘(e) CONTENTS.—The national research agenda for
the program required under subsection (d)(1) shall include
research in the following areas for the purposes described:
‘‘(1) HUMAN HEALTH.—Human health to es-
tablish the links between transportation activities
and human health; substantiate the linkages between
exposure to concentration levels, emissions, and
health impacts; examine the potential health impacts
from the implementation and operation of transpor-
tation infrastructure and services; develop strategies
for avoidance and reduction of these impacts; and
develop strategies to understand the economic value
of health improvements and for incorporating health
considerations into valuation methods.
‘‘(2) ECOLOGY AND NATURAL SYSTEMS.—Ecol-
ogy and natural systems to measure transportation’s
short- and long-term impact on natural systems; de-
velop ecologically based performance measures; de-
velop insight into both the spatial and temporal
issues associated with transportation and natural
systems; study the relationship between highway
839
density and ecosystem integrity, including the im-
pacts of highway density on habitat integrity and
overall ecosystem health; develop a rapid assessment
methodology for use by transportation and regu-
latory agencies in determining the relationship be-
tween highway density and ecosystem integrity; de-
velop ecologically based performance techniques to
evaluate the success of highway project mitigation
and enhancement measures; expand research and
thinking on the uses for and vegetation of transpor-
tation corridors in the United States; expand re-
search efforts aimed at understanding wildlife move-
ment near corridors, roadkill rates, and road-barrier
effects and at developing efficient mitigation designs
for road crossing by animals; catalyze research on
the effects of corridors and traffic on adjoining land,
including traffic disturbance and the spread of
invasive species; conduct further research on means
of restoring natural hydrologic and sediment flows
and distributions in the vicinity of roads; expand re-
search on transportation’s effects on water quality,
aquatic ecosystems, and fish in various bodies of
water and on ecologically effective solutions; support,
expand, and initiate research on the ecological ef-
fects of air pollutants from roads and vehicles at the
840
roadside, neighborhood, regional, and global levels;
develop road-network models and approaches for re-
ducing habitat fragmentation, population extinction,
wildlife-corridor, and remote-area impacts; foster col-
laborative landscape-wide environmental analyses by
engineers, ecologists, and planners, with an empha-
sis on combining ecological solutions with other soci-
etal objectives; and stimulate research on under-
standing public preferences for improvements in nat-
ural systems of both short- and long-term signifi-
cance to society.
‘‘(3) ENVIRONMENTAL
AND
SOCIOECONOMIC
RELATIONSHIPS.—Environmental and socioeconomic
relationships to understand differences in mobility,
access, travel behavior, and travel preferences across
socioeconomic groups; develop improved planning ap-
proaches that better reflect and respond to commu-
nity needs; improve evaluation methods for exam-
ining the incidence of benefits and costs; examine
the differential impacts of current methods of fi-
nance and explore alternatives; understand the socio-
economic implications of emerging land development
patterns and new transportation technologies; de-
velop cost-effective applications of technology that
improve the equity of the transport system; develop
841
improved methods for community involvement, col-
laborative planning, and conflict resolution; develop
operational definitions and indicators for environ-
mental justice and social equity as the concepts per-
tain to transportation; develop and demonstrate
methods that can be used to display the incidence of
transportation project and program effects, both
beneficial and adverse, and develop improved meth-
ods for evaluating costs and benefits when they are
not evenly distributed, including environmental and
social justice impact criteria in system performance
measures used in transportation planning and in-
vestment decisions; continue and expand studies on
the comparative costs of transportation and the ef-
fects of different development patterns, particularly
for economically disadvantaged communities; and de-
velop and test new methods for integrating public in-
volvement into transportation analysis and decision-
making, and examine the implications of emerging
citizen coalitions for environmental and social jus-
tice.
‘‘(4) EMERGING
TECHNOLOGIES.—Emerging
technologies to assist in the transition to environ-
mentally benign fuels and vehicles for passengers
and freight; develop responses to and demand for
842
new technologies that could offer improved environ-
mental performance; identify possible applications of
intelligent transportation systems technologies for
environmental benefit; develop policy instruments
that would encourage the development of beneficial
new technologies in a cost-effective manner; respond
to the impact of new technologies; and analyze user
response to and future demand for environmentally
beneficial vehicles, fuels, and mobility services, such
as the demand for and use of new environmentally
beneficial vehicles and fuels.
‘‘(5) LAND USE.—Land use to assess land con-
sumption trends and contributing factors of trans-
portation investment, housing policies, school qual-
ity, and consumer preferences; incorporate impacts
of transportation investments on location decision
and land use; identify the costs and benefits of cur-
rent development patterns and their transportation
implications; determine the effect of the built envi-
ronment on people’s willingness to walk, drive, or
take public transportation; determine the roles of
public policy and institutional arrangements in cur-
rent and prospective land use and transportation
choices; develop improved data, methods, and proc-
esses for considering land use, transportation, and
843
the environment in an integrated, systematic fash-
ion; continue and expand research on the impacts of
transportation facilities; and assess and compare al-
ternative transportation and land use strategies,
such as models for regional cooperation.
‘‘(6) PLANNING
AND
PERFORMANCE
MEAS-
URES.—Planning and performance measures to im-
prove understanding of travel needs and preferences;
improve planning methods for system analysis, fore-
casting, and decisionmaking; expand information on
consumer choice processes and travel and activity
patterns for both local and long-distance trips and
both passenger and freight transportation analysis
of social, environmental, and economic benefits and
cost of various transport options; develop tools for
measuring and forecasting complex transportation
decisions for all modes and users; develop perform-
ance measures and policy analysis approaches that
can be used to determine effectiveness; develop a
more effective understanding of the perceptions and
priorities of the transportation system’s customers
(users and taxpayers); develop a more effective un-
derstanding of the nature of personal travel, as well
as associated trends and decision processes; develop
a more effective understanding of the nature of com-
844
mercial travel and the freight industry, as well as as-
sociated trends and decision processes, including key
trends such as e-commerce and e-freight; develop a
more effective understanding of the role of transpor-
tation services and facilities in the economy; develop
techniques for identifying community aspirations
and crafting community and regional visions related
to transportation planning; develop tools that incor-
porate the complex dynamics of travel behavior, and
develop the reliable data sets needed for these mod-
els; and develop methods and institutional structures
for integrating transportation planning, program-
ming, design, and operation.
‘‘(7) OTHER
RESEARCH
AREAS.—Other re-
search areas to identify and address the emerging
and future surface transportation research needs re-
lated to planning and environment.
‘‘(f) FEDERAL SHARE.—The Federal share of the
cost of an activity carried out under this section shall be
up to 100 percent, and such funds shall remain available
until expended.
‘‘(g) USE OF NON-FEDERAL FUNDS.—In addition to
using funds authorized to be appropriated to carry out this
section, the National Academy of Sciences may seek and
accept additional funding sources to carry out this section
845
from public and private entities capable of attracting and
accepting funding from the Department of Transpor-
tation, Environmental Protection Agency, Department of
Energy, United States Fish and Wildlife Service, and
other Federal environmental agencies, States, local gov-
ernments, nonprofit foundations, and the private sector.
‘‘(h) SOUND
AND OBJECTIVE SCIENTIFIC PRAC-
TICES.—
‘‘(1) IN
GENERAL.—Assessments of risks to
human health or the environment and research con-
ducted under this section shall use sound and objec-
tive scientific practices. Assessments of risks to
human health or the environment conducted under
this section, where such an assessment concerns the
evaluation of multiple studies, shall consider the best
available science, and shall include a description of
the weight of the scientific evidence.
‘‘(2) FEDERAL
AGENCIES.—Federal agencies
using studies funded under this section to conduct
an assessment of risks to human health or the envi-
ronment shall use sound and objective scientific
practices in assessing risks, shall consider the best
available science, and shall include a description of
the weight of the scientific evidence.’’.
846
(b) CONFORMING AMENDMENT.—The analysis for
chapter 5 of such title is amended by striking the item
relating to section 507 and inserting the following:
‘‘507. Surface transportation environment and planning cooperative research
program.’’.
(c) FUNDING.—Of the amounts made available by
section 5101(a)(1) of this Act, $5,000,000 for fiscal year
2004 and $15,000,000 for each of fiscal years 2005
through 2009 shall be available to carry out section 507
of title 23, United States Code.
SEC. 5204. TECHNOLOGY DEPLOYMENT.
(a) TECHNOLOGY DEPLOYMENT PROGRAM.—Section
503(a) of title 23, United States Code, is amended—
(1) in the subsection heading by striking ‘‘INI-
TIATIVES AND PARTNERSHIPS’’;
(2) by striking paragraph (1) and inserting the
following:
‘‘(1) ESTABLISHMENT.—The Secretary shall
develop and administer a national technology deploy-
ment program.’’;
(3) by striking paragraph (7) and inserting the
following:
‘‘(7) GRANTS, COOPERATIVE AGREEMENTS, AND
CONTRACTS.—
‘‘(A) IN GENERAL.—Under the program,
the Secretary shall make grants to, and enter
847
into cooperative agreements and contracts with,
States, other Federal agencies, universities and
colleges, private sector entities, and nonprofit
organizations to pay the Federal share of the
cost of research, development, and technology
transfer activities concerning innovative mate-
rials.
‘‘(B) APPLICATIONS.—To receive a grant
under this subsection, an entity described in
subparagraph (A) shall submit an application to
the Secretary. The application shall be in such
form and contain such information as the Sec-
retary may require. The Secretary shall select
and approve an application based on whether
the project that is the subject of the grant
meets the purpose of the program described in
paragraph (2).’’; and
(4) by striking paragraph (8) and inserting the
following:
‘‘(8) TECHNOLOGY AND INFORMATION TRANS-
FER.—The Secretary shall ensure that the informa-
tion and technology resulting from research con-
ducted under paragraph (7) is made available to
State and local transportation departments and
848
other interested parties as specified by the Sec-
retary.’’.
(b) INNOVATIVE PAVEMENT RESEARCH
AND DE-
PLOYMENT PROGRAM.—
(1) IN GENERAL.—Section 503 of such title is
further amended by adding at the end the following:
‘‘(c) INNOVATIVE PAVEMENT RESEARCH AND DE-
PLOYMENT PROGRAM.—
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish and implement a program to promote, dem-
onstrate, support, and document the application of
innovative pavement technologies, practices, per-
formance, and benefits.
‘‘(2) GOALS.—The goals of the innovative pave-
ment research and deployment program shall
include—
‘‘(A) the deployment of new, cost-effective,
innovative designs, materials, recycled materials
(including taconite tailings and foundry sand),
and practices to extend pavement life and per-
formance and to improve customer satisfaction;
‘‘(B) the reduction of initial costs and life-
cycle costs of pavements, including the costs of
new construction, replacement, maintenance,
and rehabilitation;
849
‘‘(C) the deployment of accelerated con-
struction techniques to increase safety and re-
duce construction time and traffic disruption
and congestion;
‘‘(D) the deployment of engineering design
criteria and specifications for innovative prac-
tices, products, and materials for use in high-
way pavements;
‘‘(E) the deployment of new nondestructive
and real-time pavement evaluation technologies
and techniques;
‘‘(F) the evaluation, refinement, and docu-
mentation of the performance and benefits of
innovative technologies deployed to improve life,
performance, cost effectiveness, safety, and cus-
tomer satisfaction;
‘‘(G) effective technology transfer and in-
formation dissemination to accelerate imple-
mentation of innovative technologies and to im-
prove life, performance, cost effectiveness, safe-
ty, and customer satisfaction; and
‘‘(H) the development of designs and mate-
rials to reduce storm water runoff.
‘‘(3) RESEARCH
TO
IMPROVE
NHS
PAVE-
MENT.—The Secretary shall obligate not less than
850
$2,000,000 for fiscal year 2004 and $6,000,000 for
each of fiscal years 2005 through 2009 from funds
made available to carry out this subsection to con-
duct research to improve asphalt pavement, concrete
pavement, and aggregates used in highways on the
National Highway System.’’.
(2) FUNDING.—Of the amounts made available
by section 5101(a)(1) of this Act, $5,000,000 for
fiscal year 2004 and $15,000,000 for each of fiscal
years 2005 through 2009 shall be available to carry
out section 503(c) of title 23, United States Code.
(c) SAFETY INNOVATION DEPLOYMENT PROGRAM.—
(1) IN GENERAL.—Section 503 of such title is
further amended by adding the following:
‘‘(d) SAFETY
INNOVATION
DEPLOYMENT
PRO-
GRAM.—
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish and implement a program to demonstrate the
application of innovative technologies in highway
safety.
‘‘(2) GOALS.—The goals of the program shall
include—
‘‘(A) the deployment and evaluation of
safety technologies and innovations at State
and local levels; and
851
‘‘(B) the deployment of best practices in
training, management, design, and planning.
‘‘(3) GRANTS, COOPERATIVE AGREEMENTS, AND
CONTRACTS.—
‘‘(A) IN GENERAL.—Under the program,
the Secretary shall make grants to, and enter
into cooperative agreements and contracts with,
States, other Federal agencies, universities and
colleges, private sector entities, and nonprofit
organizations for research, development, and
technology transfer for innovative safety tech-
nologies.
‘‘(B) APPLICATIONS.—To receive a grant
under this subsection, an entity described in
subparagraph (A) shall submit an application to
the Secretary. The application shall be in such
form and contain such information as the Sec-
retary may require. The Secretary shall select
and approve the applications based on whether
the project that is the subject of the application
meets the goals of the program described in
paragraph (2).
‘‘(4) TECHNOLOGY AND INFORMATION TRANS-
FER.—The Secretary shall take such action as is
necessary to ensure that the information and tech-
852
nology resulting from research conducted under
paragraph (3) is made available to State and local
transportation departments and other interested
parties as specified by the Secretary.’’.
(2) FUNDING.—Of the amounts made available
by section 5101(a)(1) of this Act, $5,000,000 for
fiscal year 2004 and $15,000,000 for each of fiscal
years 2005 through 2009 shall be available to carry
out section 503(d) of title 23, United States Code.
(d) 
AUTHORITY
TO
PURCHASE
PROMOTIONAL
ITEMS.—Section 503 of such title is further amended by
adding at the end the following:
‘‘(e) PROMOTIONAL AUTHORITY.—Funds authorized
to be appropriated for necessary expenses for administra-
tion and operation of the Federal Highway Administration
shall be available to purchase promotional items of nomi-
nal value for use in the recruitment of individuals and to
promote the programs of the Federal Highway Adminis-
tration.’’.
(e) WOOD COMPOSITE MATERIALS DEMONSTRATION
PROJECT.—
(1) FUNDING.—Of the funds made available to
carry out section 5101(a)(1), $1,000,000 shall be
made available by the Secretary for each of fiscal
years 2005 and 2006 for conducting a demonstra-
853
tion of the durability and potential effectiveness of
wood composite materials in multimodal transpor-
tation facilities.
(2) FEDERAL SHARE.—The Federal share of
the cost of the demonstration under paragraph (1)
shall be 100 percent.
(f) TURNER-FAIRBANK FACILITY.—Of the funds
made 
available 
to 
carry 
out 
section 
5101(a)(1),
$1,000,000 shall be made available by the Secretary for
each of fiscal years 2005 through 2008 to provide for
physical demonstrations of the ongoing work at the Turn-
er-Fairbanks facility with respect to ultra-high perform-
ance concrete with ductility.
SEC. 5205. TRAINING AND EDUCATION.
(a) NATIONAL HIGHWAY INSTITUTE.—
(1) IN
GENERAL.—Section 504(a)(3) of title
23, United States Code, is amended to read as fol-
lows:
‘‘(3) COURSES.—The Institute may develop and
administer courses in modern developments, tech-
niques, methods, regulations, management, and pro-
cedures in areas, including surface transportation,
environmental mitigation, compliance, stewardship,
and streamlining, acquisition of rights-of-way, relo-
cation assistance, engineering, safety, transportation
854
system management and operations, construction,
maintenance, contract administration, inspection,
and highway finance.’’.
(2) FUNDING.—Of the amounts made available
by section 5101(a)(2) of this Act, $8,000,000 for
fiscal year 2004 and $8,500,000 for each of fiscal
years 2005 through 2009 shall be available to carry
out section 504(a) of title 23, United States Code.
(b) LOCAL TECHNICAL ASSISTANCE PROGRAM.—
(1) IN GENERAL.—Section 504(b) of such title
is amended by adding at the end the following:
‘‘(3) FEDERAL SHARE.—
‘‘(A) GRANTS.—A grant under this sub-
section may be used to pay up to 50 percent of
local technical assistance program costs. Funds
available for technology transfer and training
purposes under this title and title 49 may be
used to cover the remaining 50 percent of the
program costs.
‘‘(B) 
TRIBAL
TECHNICAL
ASSISTANCE
CENTERS.—The Federal share of the cost of ac-
tivities carried out by the tribal technical assist-
ance centers under paragraph (2)(D)(ii) shall
be 100 percent.’’.
855
(2) FUNDING.—Of the amounts made available
by section 5101(a)(2) of this Act, $12,000,000 for
fiscal year 2004 and $14,000,000 for each of fiscal
years 2005 through 2009 shall be available to carry
out section 504(b) of title 23, United States Code.
(c) EISENHOWER TRANSPORTATION FELLOWSHIP
PROGRAM.—Of the amounts made available by section
5101(a)(2) of this Act, $2,000,000 for fiscal year 2004
and $2,500,000 for each of fiscal years 2005 through
2009 shall be available to carry out section 504(c)(2) of
title 23, United States Code.
(d) GARRETT A. MORGAN TECHNOLOGY AND TRANS-
PORTATION EDUCATION PROGRAM.—
(1) IN
GENERAL.—Section 504 of title 23,
United States Code, is further amended by adding
at the end the following new subsection:
‘‘(d) GARRETT
A. MORGAN
TECHNOLOGY
AND
TRANSPORTATION EDUCATION PROGRAM.—
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish the Garrett A. Morgan Technology and Trans-
portation Education Program to improve the prepa-
ration of students, particularly women and minori-
ties, in science, technology, engineering, and mathe-
matics through curriculum development and other
activities related to transportation.
856
‘‘(2) AUTHORIZED ACTIVITIES.—The Secretary
shall award grants under this subsection on the
basis of competitive, peer review. Grants awarded
under this subsection may be used for enhancing
science, technology, engineering, and mathematics at
the elementary and secondary school level through
such means as—
‘‘(A) internships that offer students experi-
ence in the transportation field;
‘‘(B) programs that allow students to
spend time observing scientists and engineers in
the transportation field; and
‘‘(C) developing relevant curriculum that
uses examples and problems related to trans-
portation.
‘‘(3) 
APPLICATION
AND
REVIEW
PROCE-
DURES.—
‘‘(A) IN GENERAL.—An entity described in
subparagraph (C) seeking funding under this
subsection shall submit an application to the
Secretary at such time, in such manner, and
containing such information as the Secretary
may require. Such application, at a minimum,
shall include a description of how the funds will
be used and a description of how the funds will
857
be used to serve the purposes described in para-
graph (2).
‘‘(B) PRIORITY.—In making awards under
this subsection, the Secretary shall give priority
to applicants that will encourage the participa-
tion of women and minorities.
‘‘(C) ELIGIBILITY.—Local education agen-
cies and State education agencies, which may
partner with institutions of higher education,
businesses, or other entities, shall be eligible to
apply for grants under this subsection.
‘‘(4) DEFINITIONS.—For purposes of this
subsection—
‘‘(A) the term ‘institution of higher edu-
cation’ has the meaning given that term in sec-
tion 101 of the Higher Education Act of 1965
(20 U.S.C. 1001);
‘‘(B) the term ‘local educational agency’
has the meaning given that term in section
9101 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7801); and
‘‘(C) the term ‘State educational agency’
has the meaning given that term in section
9101 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7801).’’.
858
(2) FUNDING.—Of the amounts made available
by section 5101(a)(2) of this Act, $500,000 for
2004 and $1,000,000 for each of fiscal years 2005
through 2009 shall be available to carry out section
504(d) of title 23, United States Code.
(e) SURFACE TRANSPORTATION WORKFORCE DE-
VELOPMENT, TRAINING, AND EDUCATION.—Section 504
of such title is further amended by adding at the end the
following:
‘‘(e) SURFACE TRANSPORTATION WORKFORCE DE-
VELOPMENT, TRAINING, AND EDUCATION.—
‘‘(1) FUNDING.—Subject to project approval by
the Secretary, a State may obligate funds appor-
tioned to the State under sections 104(b)(1),
104(b)(2), 104(b)(3), 104(b)(4), and 144(e) for sur-
face transportation workforce development, training
and education, including—
‘‘(A) tuition and direct educational ex-
penses, excluding salaries, in connection with
the education and training of employees of
State and local transportation agencies;
‘‘(B) employee professional development;
‘‘(C) student internships;
‘‘(D) university or community college sup-
port; and
859
‘‘(E) education activities, including out-
reach, to develop interest and promote partici-
pation in surface transportation careers.
‘‘(2) FEDERAL SHARE.—The Federal share of
the cost of activities carried out in accordance with
this subsection shall be 100 percent.
‘‘(3) SURFACE
TRANSPORTATION
WORKFORCE
DEVELOPMENT, TRAINING, AND
EDUCATION
DE-
FINED.—In this subsection, the term ‘surface trans-
portation workforce development, training, and edu-
cation’ means activities associated with surface
transportation career awareness, student transpor-
tation career preparation, and training and profes-
sional development for surface transportation work-
ers, including activities for women and minorities.’’.
(f) TRANSPORTATION EDUCATION DEVELOPMENT
PILOT PROGRAM.—Section 504 of such title is further
amended by inserting after subsection (e) the following:
‘‘(f) TRANSPORTATION EDUCATION DEVELOPMENT
PILOT PROGRAM.—
‘‘(1) ESTABLISHMENT.—The Secretary shall es-
tablish a program to make grants to institutions of
higher education that in partnership with industry
or State Departments of Transportation will de-
velop, test, and revise new curricula and education
860
programs to train individuals at all levels of the
transportation workforce.
‘‘(2) SELECTION
OF
GRANT
RECIPIENTS.—In
selecting applications for awards under this sub-
section, the Secretary shall consider—
‘‘(A) the degree to which the new curricula
or education program meets the specific needs
of a segment of the transportation industry,
States, or regions;
‘‘(B) providing for practical experience and
on-the-job training;
‘‘(C) proposals oriented toward practi-
tioners in the field rather than the support and
growth of the research community;
‘‘(D) the degree to which the new curricula
or program will provide training in areas other
than engineering, such as business administra-
tion, economics, information technology, envi-
ronmental science, and law;
‘‘(E) programs or curricula in nontradi-
tional departments which train professionals for
work in the transportation field, such as mate-
rials, information technology, environmental
science, urban planning, and industrial tech-
nology; and
861
‘‘(F) industry or a State’s Department of
Transportation commitment to the program.
‘‘(3) FUNDING.—Of the amounts made avail-
able by section 5101(a)(2) of this Act, $1,500,000
for each of fiscal years 2005 through 2009 shall be
available to carry out this subsection.
‘‘(4) LIMITATIONS.—The amount of a grant
under this subsection shall not exceed $250,000 per
year. After a recipient has received 3 years of Fed-
eral funding under this subsection, Federal funding
may equal no more than 75 percent of a grantee’s
program costs.’’.
(g) DEFINITIONS AND DECLARATION OF POLICY.—
Section 101(a)(3) of such title is amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (G);
(2) by striking the period at the end of sub-
paragraph (H) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(I) surface transportation workforce de-
velopment, training, and education.’’.
(h) 
TRANSPORTATION
TECHNOLOGY
INNOVA-
TIONS.—
(1) FUNDAMENTAL PROPERTIES OF ASPHALTS
AND
MODIFIED
ASPHALTS.—The Secretary shall
862
continue to carry out section 5117(b)(5) of the
Transportation Equity Act for the 21st Century
(112 Stat. 450).
(2) TRANSPORTATION, ECONOMIC, AND
LAND
USE SYSTEM.—The Secretary shall continue to carry
out section 5117(b)(7) of the Transportation Equity
Act for the 21st Century (112 Stat. 450).
(3) FUNDING.—Of the amounts made available
for each of fiscal years 2004 through 2009 by sec-
tion 5101(a)(1) of this Act, $3,500,000 shall be
available to carry out paragraph (1) and $1,000,000
shall be available to carry out paragraph (2).
(4) 
USE
OF
RIGHTS-OF-WAY.—Section
5117(b)(3) of the Transportation Equity Act for the
21st Century (112 Stat. 449; 112 Stat. 864; 115
Stat. 2330) is amended—
(A) by redesignating subparagraphs (E)
through (G) as subparagraphs (F) through (H),
respectively; and
(B) by inserting after subparagraph (D)
the following:
‘‘(E) USE OF RIGHTS-OF-WAY.—
‘‘(i) IN
GENERAL.—An intelligent
transportation system project described in
paragraph (3), and an intelligent transpor-
863
tation system project described in para-
graph (6), that involves privately owned in-
telligent transportation system components
and is carried out using funds made avail-
able from the Highway Trust Fund (other
than the Mass Transit Account) shall not
be subject to any law or regulation of a
State or political subdivision of a State
prohibiting or regulating commercial activi-
ties in the rights-of-way of a highway for
which funds from the Highway Trust
Fund (other than the Mass Transit Ac-
count) have been used for planning, de-
sign, construction, or maintenance if the
Secretary determines that such use is in
the public interest.
‘‘(ii) LIMITATION ON STATUTORY CON-
STRUCTION.—Nothing in this subpara-
graph shall be construed to affect the au-
thority of a State, or political subdivision
of a State, to regulate highway safety.’’.
SEC. 5206. FREIGHT PLANNING CAPACITY BUILDING.
(a) IN GENERAL.—Section 504 of title 23, United
States Code, is further amended by adding at the end the
following:
864
‘‘(g) FREIGHT CAPACITY BUILDING PROGRAM.—
‘‘(1) ESTABLISHMENT.—The Secretary shall es-
tablish a freight planning capacity building initiative
to support enhancements in freight transportation
planning in order to—
‘‘(A) better target investments in freight
transportation systems to maintain efficiency
and productivity; and
‘‘(B) strengthen the decisionmaking capac-
ity of State transportation departments and
local transportation agencies with respect to
freight transportation planning and systems.
‘‘(2) AGREEMENTS.—The Secretary shall enter
into agreements to support and carry out adminis-
trative and management activities relating to the
governance of the freight planning capacity initia-
tive.
‘‘(3) STAKEHOLDER
INVOLVEMENT.—In car-
rying out this section, the Secretary shall consult
with the Association of Metropolitan Planning Orga-
nizations, the American Association of State High-
way and Transportation Officials, and other freight
planning stakeholders, including the other Federal
agencies, State transportation departments, local
865
governments, nonprofit entities, academia, and the
private sector.
‘‘(4) ELIGIBLE ACTIVITIES.—The freight plan-
ning capacity building initiative shall include re-
search, training, and education in the following
areas:
‘‘(A) The identification and dissemination
of best practices in freight transportation.
‘‘(B) Providing opportunities for freight
transportation staff to engage in peer exchange.
‘‘(C) Refinement of data and analysis tools
used in conjunction with assessing freight
transportation needs.
‘‘(D) Technical assistance to State trans-
portation departments and local transportation
agencies reorganizing to address freight trans-
portation issues.
‘‘(E) Facilitating relationship building be-
tween governmental and private entities in-
volved in freight transportation.
‘‘(F) Identifying ways to target the capac-
ity of State transportation departments and
local transportation agencies to address freight
considerations in operations, security, asset
management, and environmental excellence in
866
connection with long-range multimodal trans-
portation planning and project implementation.
‘‘(5) FUNDING.—
‘‘(A) 
FEDERAL
SHARE.—The 
Federal
share of the cost of an activity carried out
under this section shall be up to 100 percent,
and such funds shall remain available until ex-
pended.
‘‘(B) USE
OF
NON-FEDERAL
FUNDS.—
Funds made available for the program estab-
lished under this subsection may be used for re-
search, program development, information col-
lection and dissemination, and technical assist-
ance. The Secretary may use such funds inde-
pendently or make grants to, or enter into con-
tracts, cooperative agreements, and other trans-
actions with, a Federal agency, State agency,
local agency, Federally recognized Indian tribal
government or tribal consortium, authority, as-
sociation, nonprofit or for-profit corporation, or
institution of higher education, to carry out the
purposes of this subsection.’’.
(b) FUNDING.—Of the amounts made available by
section 5101(a)(2) of this Act, $1,500,000 for fiscal year
2004 and $5,000,000 for each of fiscal years 2005
867
through 2009 shall be available to carry out section 504(f)
of title 23, United States Code.
SEC. 5207. ADVANCED TRAVEL FORECASTING PROCEDURES
PROGRAM.
(a) 
CONTINUATION
AND
ACCELERATION
OF
TRANSIMS DEPLOYMENT.—The Secretary shall accel-
erate the deployment of the advanced transportation
model known as the ‘‘Transportation Analysis Simulation
System’’ (in this section referred to as ‘‘TRANSIMS’’),
developed by the Los Alamos National Laboratory. The
program shall assist State departments of transportation
and metropolitan planning organizations in the implemen-
tation of TRANSIMS, develop methods for TRANSIMS
applications to transportation planning and air quality
analysis, and provide training and technical assistance for
the implementation of TRANSIMS. The program may
support the development of methods to plan for the trans-
portation response to chemical and biological terrorism
and other security concerns.
(b) ELIGIBLE ACTIVITIES.—The Secretary shall use
funds made available by section 5101(a)(1) to—
(1) provide funding to State departments of
transportation and metropolitan planning organiza-
tions serving transportation management areas des-
ignated under chapter 52 of title 49, United States
868
Code, representing a diversity of populations, geo-
graphic regions, and analytic needs to implement
TRANSIMS;
(2) develop methods to demonstrate a wide
spectrum of TRANSIMS applications to support
metropolitan and statewide transportation planning,
including integrating highway and transit oper-
ational considerations into the transportation Plan-
ning process; and
(3) provide training and technical assistance
with respect to the implementation and application
of TRANSIMS to States, local governments, and
metropolitan planning organizations with responsi-
bility for travel modeling.
(c) ALLOCATION OF FUNDS.—Not more than 75 per-
cent of the funds made available to carry out this section
may be allocated to activities described in subsection
(b)(1).
(d) FUNDING.—Of the amounts made available by
section 5101(a)(1) of this Act, $1,000,000 for fiscal year
2004 and $3,000,000 for each of fiscal years 2005
through 2009 shall be available to carry out this section.
869
SEC. 5208. NATIONAL COOPERATIVE FREIGHT TRANSPOR-
TATION RESEARCH PROGRAM.
(a) IN GENERAL.—Chapter 5 of title 23, United
States Code, is further amended by adding at the end the
following:
‘‘§ 509. National cooperative freight Transportation
research program
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish and support a national cooperative freight transpor-
tation research program.
‘‘(b) AGREEMENT.—The Secretary shall enter into an
agreement with the National Academy of Sciences to sup-
port and carry out administrative and management activi-
ties relating to the governance of the national cooperative
freight transportation research program.
‘‘(c) ADVISORY COMMITTEE.—The National Acad-
emy of Sciences shall select an advisory committee con-
sisting of a representative cross-section of freight stake-
holders, including the Department of Transportation,
other Federal agencies, State transportation departments,
local governments, nonprofit entities, academia, and the
private sector.
‘‘(d) 
GOVERNANCE.—The 
national 
cooperative
freight transportation research program established under
this section shall include the following administrative and
management elements:
870
‘‘(1) NATIONAL RESEARCH AGENDA.—The advi-
sory committee, in consultation with interested par-
ties, shall recommend a national research agenda for
the program. The agenda shall include a multiyear
strategic plan.
‘‘(2) INVOLVEMENT.—Interested parties may—
‘‘(A) submit research proposals to the advi-
sory committee;
‘‘(B) participate in merit reviews of re-
search proposals and peer reviews of research
products; and
‘‘(C) receive research results.
‘‘(3) OPEN COMPETITION AND PEER REVIEW OF
RESEARCH PROPOSALS.—The National Academy of
Sciences may award research contracts and grants
under the program through open competition and
merit review conducted on a regular basis.
‘‘(4) EVALUATION OF RESEARCH.—
‘‘(A) PEER REVIEW.—Research contracts
and grants under the program may allow peer
review of the research results.
‘‘(B) PROGRAMMATIC EVALUATIONS.—The
National Academy of Sciences may conduct
periodic programmatic evaluations on a regular
basis of research contracts and grants.
871
‘‘(5) DISSEMINATION
OF
RESEARCH
FIND-
INGS.—The National Academy of Sciences shall dis-
seminate research findings to researchers, practi-
tioners, and decisionmakers, through conferences
and seminars, field demonstrations, workshops,
training programs, presentations, testimony to gov-
ernment officials, World Wide Web, publications for
the general public, and other appropriate means.
‘‘(e) CONTENTS.—The national research agenda re-
quired under subsection (d)(1) shall include research in
the following areas:
‘‘(1) Techniques for estimating and quantifying
public benefits derived from freight transportation
projects.
‘‘(2) Alternative approaches to calculating the
contribution of truck and rail traffic to congestion
on specific highway segments.
‘‘(3) The feasibility of consolidating origins and
destinations for freight movement.
‘‘(4) Methods for incorporating estimates of
international trade into landside transportation plan-
ning.
‘‘(5) The use of technology applications to in-
crease capacity of highway lanes dedicated to truck-
only traffic.
872
‘‘(6) Development of physical and policy alter-
natives for separating car and truck traffic.
‘‘(7) Ways to synchronize infrastructure im-
provements with freight transportation demand.
‘‘(8) The effect of changing patterns of freight
movement on transportation planning decisions re-
lating to rest areas.
‘‘(9) Other research areas to identify and ad-
dress the emerging and future research needs re-
lated to freight transportation by all modes.
‘‘(f) FUNDING.—
‘‘(1) FEDERAL SHARE.—The Federal share of
the cost of an activity carried out under this section
shall be up to 100 percent, and such funds shall re-
main available until expended.
‘‘(2) USE OF NON-FEDERAL FUNDS.—In addi-
tion to using funds authorized for this section, the
National Academy of Sciences may seek and accept
additional funding sources from public and private
entities capable of accepting funding from the De-
partment of Transportation, States, local govern-
ments, nonprofit foundations, and the private sec-
tor.’’.
873
(b) CONFORMING AMENDMENT.—The analysis for
such chapter is further amended by adding at the end the
following:
‘‘509. National cooperative freight transportation research program.’’.
(c) FUNDING.—Of the amounts made available by
section 5101(a)(1) of this Act, $1,500,000 for fiscal year
2004 and $4,000,000 for each of fiscal years 2005
through 2009 shall be available to carry out section 509
of title 23, United States Code.
SEC. 5209. FUTURE STRATEGIC HIGHWAY RESEARCH PRO-
GRAM.
(a) IN GENERAL.—Chapter 5 of title 23, United
States Code, is further amended by adding at the end the
following:
‘‘§ 510. Future strategic highway research program
‘‘(a) ESTABLISHMENT.—The Secretary, in consulta-
tion with the American Association of State Highway and
Transportation Officials, shall establish and carry out,
acting through the National Research Council of the Na-
tional Academy of Sciences, the future strategic highway
research program.
‘‘(b) COOPERATIVE AGREEMENTS.—The Secretary
may make grants to, and enter into cooperative agree-
ments with, the American Association of State Highway
and Transportation Officials and the National Academy
874
of Sciences to carry out such activities under this sub-
section as the Secretary determines are appropriate.
‘‘(c) PERIOD OF AVAILABILITY.—Funds made avail-
able to carry out this section shall remain available for
the fiscal year in which such funds are made available and
the 3 succeeding fiscal years.
‘‘(d) PROGRAM PRIORITIES.—
‘‘(1) PROGRAM ELEMENTS.—The program es-
tablished under this section shall be based on the
National Research Council Special Report 260, enti-
tled ‘Strategic Highway Research: Saving Lives, Re-
ducing Congestion, Improving Quality of Life’ and
the results of the detailed planning work subse-
quently carried out in 2002 and 2003 to identify the
research areas through National Cooperative Re-
search Program Project 20–58. The research pro-
gram shall include an analysis of the following:
‘‘(A) Renewal of aging highway infrastruc-
ture with minimal impact to users of the facili-
ties.
‘‘(B) Driving behavior and likely crash
causal factors to support improved counter-
measures.
‘‘(C) Reducing highway congestion due to
nonrecurring congestion.
875
‘‘(D) Planning and designing new road ca-
pacity to meet mobility, economic, environ-
mental, and community needs.
‘‘(2) DISSEMINATION
OF
RESULTS.—The re-
search results of the program, expressed in terms of
technologies, methodologies, and other appropriate
categorizations, shall be disseminated to practicing
engineers for their use, as soon as practicable.
‘‘(e) PROGRAM ADMINISTRATION.—In carrying out
the program under this section, the National Research
Council shall ensure, to the maximum extent practicable,
that—
‘‘(1) projects and researchers are selected to
conduct research for the program on the basis of
merit and open solicitation of proposals and review
by panels of appropriate experts;
‘‘(2) State department of transportation offi-
cials and other stakeholders, as appropriate, are in-
volved in the governance of the program at the over-
all program level and technical level through the use
of expert panels and committees;
‘‘(3) the Council acquires a qualified, perma-
nent core staff with the ability and expertise to man-
age the program and multiyear budget; and
876
‘‘(4) there is no duplication of research effort
between the program and any other research effort
of the Department.
‘‘(f) REPORT ON IMPLEMENTATION OF RESULTS.—
‘‘(1) REPORT.—The Transportation Research
Board of the National Research Council shall com-
plete a report on the strategies and administrative
structure to be used for implementation of the re-
sults of the future strategic highway research pro-
gram.
‘‘(2) COMPONENTS.—The report under para-
graph (1) shall include with respect to the
program—
‘‘(A) an identification of the most prom-
ising results of research under the program (in-
cluding the persons most likely to use the re-
sults);
‘‘(B) a discussion of potential incentives
for, impediments to, and methods of, imple-
menting those results;
‘‘(C) an estimate of costs of implementa-
tion of those results; and
‘‘(D) recommendations on methods by
which implementation of those results should be
conducted, coordinated, and supported in future
877
years, including a discussion of the administra-
tive structure and organization best suited to
carry out those recommendations.
‘‘(3) CONSULTATION.—In developing the report,
the Transportation Research Board shall consult
with a wide variety of stakeholders, including—
‘‘(A) the Federal Highway Administration;
‘‘(B) the National Highway Traffic Safety
Administration; and
‘‘(C) the American Association of State
Highway and Transportation Officials.
‘‘(4) SUBMISSION.—Not later than February 1,
2009, the report shall be submitted to the Com-
mittee on Environment and Public Works of the
Senate and the Committee on Transportation and
Infrastructure of the House of Representatives.
‘‘(h) FUNDING.—
‘‘(1) FEDERAL SHARE.—The Federal share of
the cost of an activity carried out using amounts
made available under a grant or cooperative agree-
ment under this section shall be 100 percent, and
such funds shall remain available until expended.
‘‘(2) ADVANCE PAYMENTS.—The Secretary may
make advance payments as necessary to carry out
the program under this section.’’.
878
(b) PROGRAMMATIC EVALUATIONS.—Within 3 years
after the first research and development project grants,
cooperative agreements, or contracts are awarded under
section 510 of title 23, United States Code, the Comp-
troller General shall review the program under such sec-
tion, and recommend improvements. The review shall as-
sess the degree to which projects funded under such sec-
tion have addressed the research and development topics
identified in the Transportation Research Board Special
Report 260, including identifying those topics which have
not yet been addressed.
(c) CONFORMING AMENDMENT.—The analysis for
chapter 5 of such title is further amended by adding at
the end the following:
‘‘510. Future strategic highway research program.’’.
(d) FUNDING.—Of the amounts made available by
section 5101(a)(1) of this Act, $17,000,000 for fiscal year
2004, $60,000,000 for fiscal year 2005, and $63,000,000
for each of fiscal years 2006 through 2009, shall be avail-
able to carry out section 510 of title 23, United States
Code.
SEC. 5210. TRANSPORTATION SAFETY INFORMATION MAN-
AGEMENT SYSTEM PROJECT.
(a) IN GENERAL.—The Secretary shall fund and
carry out a project to further the development of a com-
879
prehensive transportation safety information management
system (in this section referred to as ‘‘TSIMS’’).
(b) PURPOSES.—The purpose of the TSIMS project
is to further the development of a software application to
provide for the collection, integration, management, and
dissemination of safety data from and for use among State
and local safety and transportation agencies, including
driver licensing, vehicle registration, emergency manage-
ment system, injury surveillance, roadway inventory, and
motor carrier databases.
(c) FUNDING.—
(1) FEDERAL CONTRIBUTION.—Of the amounts
made available by section 5101(a)(1) of this Act,
$1,000,000 for fiscal year 2004 and $3,000,000 for
fiscal year 2005 shall be available to carry out the
TSIMS project under this section.
(2) STATE CONTRIBUTION.—The sums author-
ized in paragraph (1) are intended to supplement
voluntary contributions to be made by State depart-
ments of transportation and other State safety and
transportation agencies.
SEC. 5211. SURFACE TRANSPORTATION CONGESTION RE-
LIEF SOLUTIONS RESEARCH INITIATIVE.
(a) 
ESTABLISHMENT.—The 
Secretary, 
acting
through the Federal Highway Administration, shall estab-
880
lish a surface transportation congestion solutions research
initiative consisting of 2 independent research programs
described in subsections (b)(1) and (b)(2) and designed
to develop information to assist State transportation de-
partments and metropolitan planning organizations meas-
ure and address surface transportation congestion prob-
lems.
(b) SURFACE TRANSPORTATION CONGESTION SOLU-
TIONS RESEARCH PROGRAM.—
(1) IMPROVED SURFACE TRANSPORTATION CON-
GESTION
MANAGEMENT
SYSTEM
MEASURES.—The
purposes of the first research program established
under this section shall be—
(A) to examine the effectiveness of surface
transportation congestion management systems
since enactment of the Intermodal Surface
Transportation Assistance Act of 1991 (Public
Law 102–240);
(B) to identify best case examples of lo-
cally designed reporting methods and incor-
porate such methods in research on national
models for developing and recommending im-
proved surface transportation congestion meas-
urement and reporting; and
881
(C) to incorporate such methods in the de-
velopment of national models and methods to
monitor, measure, and report surface transpor-
tation congestion information.
(2) ANALYTICAL TECHNIQUES FOR ACTION ON
SURFACE TRANSPORTATION CONGESTION.—The pur-
poses of the second research program established
under this section shall be—
(A) to analyze the effectiveness of proce-
dures used by State transportation departments
and metropolitan planning organizations to as-
sess surface transportation congestion problems
and communicate those problems to decision-
makers; and
(B) to identify methods to ensure that the
results of surface transportation congestion
analyses will lead to the targeting of funding
for programs, projects, or services with dem-
onstrated effectiveness in reducing travel delay,
congestion, and system unreliability.
(c) TECHNICAL ASSISTANCE AND TRAINING.—In fis-
cal year 2006, the Secretary, acting through the Federal
Highway Administration, shall develop a technical assist-
ance and training program to disseminate the results of
the surface transportation congestion solutions research
882
initiative for the purpose of assisting State transportation
departments and local transportation agencies with im-
proving their approaches to surface transportation conges-
tion measurement, analysis, and project programming.
(d) FUNDING.—Of the amounts made available by
sections 5101(a)(1) of this Act, $4,000,000 for fiscal year
2004 and $11,000,000 for each of fiscal years 2005
through 2009 shall be available to carry out subsections
(a) and (b). Of the amounts made available by section
5101(a)(2), $500,000 for fiscal year 2004 and $1,000,000
for each of fiscal years 2005 through 2009 shall be avail-
able to carry out subsection (c).
SEC. 5212. MOTOR CARRIER EFFICIENCY STUDY.
(a) IN GENERAL.—The Secretary, in coordination
with the motor carrier and wireless technology industry,
shall conduct a study to—
(1) identify inefficiencies in the transportation
of freight;
(2) evaluate the safety, productivity, and re-
duced cost improvements that may be achieved
through the use of wireless technologies to address
the inefficiencies identified in paragraph (1); and
(3) conduct, as appropriate, field tests dem-
onstrating the technologies identified in paragraph
(2).
883
(b) PROGRAM ELEMENTS.—The program shall in-
clude, at a minimum, the following:
(1) Fuel monitoring and management systems.
(2) Radio frequency identification technology.
(3) Electronic manifest systems.
(4) Cargo theft prevention.
(c) FEDERAL SHARE.—The Federal share of the cost
of the study under this section shall be 100 percent.
(d) ANNUAL REPORT.—The Secretary shall prepare
and transmit to Congress an annual report on the pro-
grams and activities carried out under this section.
(e) FUNDING.—From funds made available under
section 5101(a)(1), the Secretary shall make available
$1,000,000 to the Federal Motor Carrier Safety Adminis-
tration for each of fiscal years 2005 through 2009 to carry
out this section.
SEC. 5213. TRANSPORTATION RESEARCH AND DEVELOP-
MENT STRATEGIC PLANNING.
(a) AMENDMENT.—Section 508 of title 23, United
States Code, is amended to read as follows:
‘‘§ 508. Transportation research and development
strategic planning
‘‘(a) IN GENERAL.—
‘‘(1) DEVELOPMENT.—Not later than 1 year
after the date of enactment of the Transportation
884
Equity Act: A Legacy for Users, the Secretary shall
develop a 5-year transportation research and devel-
opment strategic plan to guide Federal transpor-
tation research and development activities. This plan
shall be consistent with section 306 of title 5, sec-
tions 1115 and 1116 of title 31, and any other re-
search and development plan within the Department
of Transportation.
‘‘(2) CONTENTS.—The strategic plan developed
under paragraph (1) shall—
‘‘(A) describe the primary purposes of the
transportation research and development pro-
gram, which shall include, at a minimum—
‘‘(i) reducing congestion and improv-
ing mobility;
‘‘(ii) promoting safety;
‘‘(iii) promoting security;
‘‘(iv) protecting and enhancing the en-
vironment;
‘‘(v) preserving the existing transpor-
tation system; and
‘‘(vi) improving the durability and ex-
tending the life of transportation infra-
structure;
885
‘‘(B) for each purpose, list the primary re-
search and development topics that the Depart-
ment intends to pursue to accomplish that pur-
pose, which may include the fundamental re-
search in the physical and natural sciences, ap-
plied research, technology development, and so-
cial science research intended for each topic;
and
‘‘(C) for each research and development
topic, describe—
‘‘(i) the anticipated annual funding
levels for the period covered by the stra-
tegic plan; and
‘‘(ii) the additional information the
Department expects to gain at the end of
the period covered by the strategic plan as
a result of the research and development in
that topic area.
‘‘(3) CONSIDERATIONS.—In developing the stra-
tegic plan, the Secretary shall ensure that the
plan—
‘‘(A) reflects input from a wide range of
stakeholders;
‘‘(B) includes and integrates the research
and development programs of all the Depart-
886
ment’s operating administrations, including
aviation, transit, rail, and maritime; and
‘‘(C) takes into account how research and
development by other Federal, State, private
sector, and not-for-profit institutions contrib-
utes to the achievement of the purposes identi-
fied under paragraph (2)(A), and avoids unnec-
essary duplication with these efforts.
‘‘(4) PERFORMANCE PLANS AND REPORTS.—In
reports submitted under sections 1115 and 1116 of
title 31, the Secretary shall include—
‘‘(A) a summary of the Federal transpor-
tation research and development activities for
the previous fiscal year in each topic area;
‘‘(B) the amount of funding spent in each
topic area;
‘‘(C) a description of the extent to which
the research and development is meeting the ex-
pectations set forth in paragraph (2)(C)(ii); and
‘‘(D) any amendments to the strategic
plan.
‘‘(b) The Secretary shall submit to Congress an an-
nual report, along with the President’s annual budget re-
quest, describing the amount spent in the last completed
fiscal year on transportation research and development
887
and the amount proposed in the current budget for trans-
portation research and development.
‘‘(c) NATIONAL RESEARCH COUNCIL REVIEW.—The
Secretary shall enter into an agreement for the review by
the National Research Council of the details of each—
‘‘(1) strategic plan under section 508;
‘‘(2) performance plan required under section
1115 of title 31; and
‘‘(3) program performance report required
under section 1116 of title 31,
with respect to transportation research and develop-
ment.’’.
(b) CONFORMING AMENDMENT.—The analysis for
chapter 5 of such title is amended by striking the item
related to section 508 and inserting the following:
‘‘508. Transportation research and development strategic planning.’’.
SEC. 5214. LIMITATION ON REMEDIES FOR FUTURE STRA-
TEGIC HIGHWAY RESEARCH PROGRAM.
Section 510 of title 23, United States Code, as added
by section 5209 of this Act, is amended by inserting after
subsection (f) the following:
‘‘(g) LIMITATION OF REMEDIES.—
‘‘(1) SAME REMEDY AS IF UNITED STATES.—
The remedy against the United States provided by
sections 1346(b) and 2672 of title 28 for injury, loss
of property, personal injury, or death shall apply to
888
any claim against the National Academy of Sciences
for money damages for injury, loss of property, per-
sonal injury, or death caused by any negligent or
wrongful act or omission by employees and individ-
uals described in paragraph (3) arising from activi-
ties conducted under or in connection with this sec-
tion. Any such claim shall be subject to the limita-
tions and exceptions which would be applicable to
such claim if such claim were against the United
States. With respect to any such claim, the Sec-
retary shall be treated as the head of the appro-
priate Federal agency for purposes of sections 2672
and 2675 of title 28.
‘‘(2) EXCLUSIVENESS OF REMEDY.—The rem-
edy referred to in paragraph (1) shall be exclusive
of any other civil action or proceeding for the pur-
pose of determining liability arising from any such
act or omission without regard to when the act or
omission occurred.
‘‘(3) TREATMENT.—Employees of the National
Academy of Sciences and other individuals appointed
by the president of the National Academy of
Sciences and acting on its behalf in connection with
activities carried out under this section shall be
treated as if they are employees of the Federal Gov-
889
ernment under section 2671 of title 28 for purposes
of a civil action or proceeding with respect to a claim
described in paragraph (1). The civil action or pro-
ceeding shall proceed in the same manner as any
proceeding under chapter 171 of title 28 or action
against the United States filed pursuant to section
1346(b) of title 28 and shall be subject to the limita-
tions and exceptions applicable to such a proceeding
or action.
‘‘(4) SOURCES OF PAYMENTS.—Payment of any
award, compromise, or settlement of a civil action or
proceeding with respect to a claim described in para-
graph (1) shall be paid first out of insurance main-
tained by the National Academy of Sciences, second
from funds made available to carry out this section,
and then from sums made available under section
1304 of title 31. For purposes of such section, such
an award, compromise, or settlement shall be
deemed to be a judgment, award, or settlement pay-
able under section 2414 or 2672 of title 28. The
Secretary may establish a reserve of funds made
available to carry out this section for making pay-
ments under this paragraph.’’.
890
SEC. 5215. CENTER FOR TRANSPORTATION ADVANCEMENT
AND REGIONAL DEVELOPMENT.
(a) ESTABLISHMENT.—The Secretary shall establish
a Center for Transportation Advancement and Regional
Development to assist, through training, education and re-
search, in the comprehensive development of small metro-
politan and rural regional transportation systems that are
responsive to the needs of businesses and local commu-
nities.
(b) ACTIVITIES.—In carrying out this section, the
Center shall—
(1) provide training, information and profes-
sional resources for small metropolitan and rural re-
gions to pursue innovative strategies to expand the
capabilities, capacity and effectiveness of a region’s
transportation network, including activities related
to freight projects, transit system upgrades, road-
ways and bridges, and intermodal transfer facilities
and operations;
(2) assist local officials, rural transportation
and economic development planners, officials from
State departments of transportation and economic
development, business leaders and other stakeholders
in developing public-private partnerships to enhance
their transportation systems; and
891
(3) promote the leveraging of regional transpor-
tation planning with regional economic and business
development planning to assure that appropriate
transportation systems are created.
(c) PROGRAM ADMINISTRATION.—To carry out this
section, the Secretary shall make a grant to, or enter into
a cooperative agreement or contract with, a national asso-
ciation of regional economic development and transpor-
tation professionals with a focus on small metropolitan
and rural regions.
(d) AUTHORIZATION.—From the amounts made
available in section 5101(a)(1), $500,000 shall be avail-
able for each of fiscal years 2005 through 2009 to carry
out this section.
SEC. 5216. HAZARDOUS MATERIALS RESEARCH PROJECTS.
(a) IN GENERAL.—The Administrator of the Pipeline
and Hazardous Materials Safety Administration shall
enter into a contract with the National Academy of
Sciences to carry out the 9 research projects called for
in the 2005 Special Report 283 of the Transportation Re-
search Board entitled ‘‘Cooperative Research for Haz-
ardous Materials Transportation: Defining the Need, Con-
verging on Solutions’’. In carrying out the research
projects, the National Academy of Sciences shall consult
with the Administrator.
892
(b) REPORT.—Not later than 6 months after the date
of enactment of this Act, the Secretary shall transmit a
report to the Committee on Transportation and Infra-
structure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the
Senate on the need to establish a cooperative research pro-
gram on hazardous materials transportation.
(c) FUNDING.—Of the amounts made available by
section 5101(a)(1) of this Act, $1,000,000 for each of fis-
cal years 2005 through 2009 shall be available to carry
out this section.
Subtitle C—University Transpor-
tation 
Research; 
Scholarship
Opportunities
SEC. 5301. NATIONAL UNIVERSITY TRANSPORTATION CEN-
TERS.
(a) IN GENERAL.—Section 5505 of title 49, United
States Code, is amended to read as follows:
‘‘§ 5505. National university transportation centers
‘‘(a) IN GENERAL.—
‘‘(1) ESTABLISHMENT
AND
OPERATION.—The
Secretary of Transportation shall make grants under
this section to eligible nonprofit institutions of high-
er learning to establish and operate national univer-
sity transportation centers.
893
‘‘(2) ROLE OF CENTERS.—The role of each cen-
ter shall be to advance significantly transportation
research on critical national transportation issues
and to expand the workforce of transportation pro-
fessionals.
‘‘(b) APPLICABILITY OF REQUIREMENTS.—A grant
received by an eligible nonprofit institution of higher
learning under this section shall be available for the same
purposes, and shall be subject to the same terms and con-
ditions, as a grant made to a nonprofit institution of high-
er learning under section 5506.
‘‘(c) ELIGIBLE NONPROFIT INSTITUTION OF HIGHER
LEARNING DEFINED.—In this section, the term ‘eligible
nonprofit institution of higher learning’ means each of the
lead institutions identified in subsections (j)(4)(A),
(j)(4)(B), and (j)(4)(F) of section 5505 as in effect on
the day before the date of enactment of the Transpor-
tation Equity Act: A Legacy for Users, the university re-
ferred to in section 704 of Public Law 103–206 (107 Stat.
2447), and the university that, as of the day before such
date of enactment, is the lead institution for the regional
university transportation center for region 5 of the Stand-
ard Federal Regional Boundary System.
‘‘(d) GRANTS.—In each of fiscal years 2004 through
2009, the Secretary shall make a grant under this section
894
to each eligible nonprofit institution of higher learning in
an amount not to exceed $3,500,000.’’.
(b) CONFORMING AMENDMENT.—The analysis for
subchapter I of chapter 55 of such title is amended by
striking the item relating to section 5505 and inserting
the following:
‘‘5505. National university transportation centers.’’.
SEC. 5302. UNIVERSITY TRANSPORTATION RESEARCH.
(a) IN GENERAL.—Section 5506 of title 49, United
States Code, is amended to read as follows:
‘‘§ 5506. University transportation research
‘‘(a) IN GENERAL.—The Secretary of Transportation
shall make grants under this section to nonprofit institu-
tions of higher learning to establish and operate university
transportation centers.
‘‘(b) OBJECTIVES.—Grants received under this sec-
tion shall be used by nonprofit institutions of higher learn-
ing to advance significantly the state-of-the-art in trans-
portation research and expand the workforce of transpor-
tation professionals through the following programs and
activities:
‘‘(1) RESEARCH.—Basic and applied research,
the products of which are judged by peers or other
experts in the field of transportation to advance the
body of knowledge in transportation.
895
‘‘(2) EDUCATION.—An education program re-
lating to transportation that includes multidisci-
plinary course work and participation in research.
‘‘(3) TECHNOLOGY
TRANSFER.—An ongoing
program of technology transfer that makes transpor-
tation research results available to potential users in
a form that can be implemented, utilized, or other-
wise applied.
‘‘(c) REGIONAL, TIER I, AND TIER II CENTERS.—
‘‘(1) IN
GENERAL.—For each of fiscal years
2004 through 2009, the Secretary shall make grants
under subsection (a) to nonprofit institutions of
higher learning to establish and operate—
‘‘(A) 10 regional university transportation
centers; and
‘‘(B) 10 Tier I university transportation
centers.
‘‘(2) TIER
II
CENTERS.—For each of fiscal
years 2005 through 2009, the Secretary shall make
grants under subsection (a) to nonprofit institutions
of higher learning to establish and operate 10 Tier
II university transportation centers.
‘‘(3) LOCATION OF REGIONAL CENTERS.—One
regional university transportation center shall be lo-
cated in each of the 10 United States Government
896
regions that comprise the Standard Federal Re-
gional Boundary System.
‘‘(4) LIMITATION.—A nonprofit institution of
higher learning may not directly receive a grant
under this section for a fiscal year for more than
one university transportation center.
‘‘(d) COMPETITIVE SELECTION PROCESS.—
‘‘(1) APPLICATIONS.—In order to be eligible to
receive a grant under this section, a nonprofit insti-
tution of higher learning shall submit to the Sec-
retary an application that is in such form and con-
tains such information as the Secretary may require.
‘‘(2) GENERAL SELECTION CRITERIA.—Except
as otherwise provided by this section, the Secretary
shall select each recipient of a grant under this sec-
tion through a competitive process on the basis of
the following:
‘‘(A) The demonstrated research and ex-
tension resources available to the recipient to
carry out this section.
‘‘(B) The capability of the recipient to pro-
vide leadership in making national and regional
contributions to the solution of immediate and
long-range transportation problems.
897
‘‘(C) The recipient’s demonstrated commit-
ment of at least $400,000 each year in regu-
larly budgeted institutional amounts to support
ongoing transportation research and education
programs.
‘‘(D) The recipient’s demonstrated ability
to disseminate results of transportation re-
search and education programs through a state-
wide or regionwide continuing education pro-
gram.
‘‘(E) The strategic plan the recipient pro-
poses to carry out under the grant.
‘‘(e) REGIONAL UNIVERSITY TRANSPORTATION CEN-
TERS.—
‘‘(1) COMPETITION.—Not later than August 31,
2005, and not later than March 31st of every 4th
year thereafter, the Secretary shall complete a com-
petition among nonprofit institutions of higher
learning for grants to establish and operate the 10
regional university transportation centers referred to
in subsection (c)(1)(A).
‘‘(2) SELECTION
CRITERIA.—In conducting a
competition under paragraph (1), the Secretary shall
select a nonprofit institution of higher learning on
the basis of—
898
‘‘(A) the criteria described in subsection
(d)(2);
‘‘(B) the location of the center within the
Federal region to be served; and
‘‘(C) whether or not the institution (or, in
the case of a consortium of institutions, the
lead institution) can demonstrate that it has a
well-established, nationally recognized program
in transportation research and education, as
evidenced by—
‘‘(i) not less than $2,000,000 in high-
way or public transportation research ex-
penditures each year for each of the pre-
ceding 5 years;
‘‘(ii) not less than 10 graduate de-
grees awarded in professional fields closely
related to highways and public transpor-
tation for year for each of the preceding 5
years; and
‘‘(iii) not less than 5 tenured or ten-
ure-track faculty members who specialize
on a full-time basis in professional fields
closely related to highways and public
transportation who, as a group, have pub-
lished a total at least 50 refereed journal
899
publications on highway or public transpor-
tation research during the preceding 5
years.
‘‘(3) GRANT
RECIPIENTS.—After selecting a
nonprofit institution of higher learning as a grant
recipient on the basis of a competition conducted
under this subsection, the Secretary shall make a
grant to the recipient to establish and operate a re-
gional university transportation center in each of the
first 4 fiscal years beginning after the date of the
competition.
‘‘(4) SPECIAL RULE FOR FISCAL YEARS 2004
AND 2005.—For each of fiscal years 2004 and 2005,
the Secretary shall make a grant under this section
to each of the 10 nonprofit institutions of higher
learning that were competitively selected for grants
by the Secretary under this section in July 1999 to
operate regional university transportation centers.
‘‘(5) AMOUNT OF GRANTS.—For each of fiscal
years 2004 through 2009, a grant made by the Sec-
retary to a nonprofit institution of higher learning
for a fiscal year to establish and operate a regional
university transportation center shall not exceed
$3,500,000.
900
‘‘(f) TIER I UNIVERSITY TRANSPORTATION CEN-
TERS.—
‘‘(1) COMPETITION.—Not later than March 31,
2006, and not later than March 31st of every 4th
year thereafter, the Secretary shall complete a com-
petition among nonprofit institutions of higher
learning for grants to establish and operate the 10
Tier I university transportation centers referred to
in subsection (c)(1)(B).
‘‘(2) SELECTION
CRITERIA.—In conducting a
competition under paragraph (1), the Secretary shall
select a nonprofit institution of higher learning on
the basis of—
‘‘(A) the criteria described in subsection
(d)(2); and
‘‘(B) whether or not the institution (or, in
the case of a consortium of institutions, the
lead institution) can demonstrate that it has an
established, recognized program in transpor-
tation research and education, as evidenced
by—
‘‘(i) not less than $1,000,000 in high-
way or public transportation research ex-
penditures each year for each of the pre-
ceding 5 years or not less than $6,000,000
901
in such expenditures during the 5 pre-
ceding years;
‘‘(ii) not less than 5 graduate degrees
awarded in professional fields closely re-
lated to highways and public transpor-
tation each year for each of the preceding
5 years; and
‘‘(iii) not less than 3 tenured or ten-
ure-track faculty members who specialize
on a full-time basis in professional fields
closely related to highways and public
transportation who, as a group, have pub-
lished a total at least 20 refereed journal
publications on highway or public transpor-
tation research during the preceding 5
years.
‘‘(3) GRANT
RECIPIENTS.—After selecting a
nonprofit institution of higher learning as a grant
recipient on the basis of a competition conducted
under this subsection, the Secretary shall make a
grant to the recipient to establish and operate a Tier
I university transportation center in each of the first
4 fiscal years beginning after the date of the com-
petition.
902
‘‘(4) SPECIAL RULE FOR FISCAL YEARS 2004,
2005, AND
2006.—For each of fiscal years 2004,
2005, and 2006, the Secretary shall make a grant
under this section to each of the 10 nonprofit insti-
tutions of higher learning that were competitively se-
lected for grant awards by the Secretary under this
section in May 2002 to operate university transpor-
tation centers (other than regional centers).
‘‘(5) AMOUNT OF GRANTS.—A grant made by
the Secretary to a nonprofit institution of higher
learning for a fiscal year to establish and operate a
Tier I university transportation center shall not ex-
ceed 
$1,000,000 
for 
fiscal 
year 
2004 
and
$1,500,000 for each of fiscal years 2005 through
2009.
‘‘(g) TIER II UNIVERSITY TRANSPORTATION CEN-
TERS.—
‘‘(1) COMPETITION.—Not later than 60 days
after the date of enactment of the Transportation
Equity Act: A Legacy for Users, not later than
March 31, 2008, and not later than March 31st of
every 4th year thereafter, the Secretary shall com-
plete a competition among nonprofit institutions of
higher learning for grants to establish and operate
903
the 10 Tier II university transportation centers re-
ferred to in subsection (c)(2).
‘‘(2) SELECTION
CRITERIA.—In conducting a
competition under paragraph (1), the Secretary shall
select a nonprofit institution of higher learning on
the basis of the criteria described in subsection
(f)(2).
‘‘(3) GRANT
RECIPIENTS.—After selecting a
nonprofit institution of higher learning as a grant
recipient on the basis of a competition conducted
under this subsection, the Secretary shall—
‘‘(A) in the case of the competition to be
completed not later than 60 days after the date
of enactment of the Transportation Equity Act:
A Legacy for Users, make a grant to the recipi-
ent to establish and operate a Tier II university
transportation center in each of fiscal years
2005 through 2008; and
‘‘(B) in the case of each subsequent com-
petition, make a grant to the recipient to estab-
lish and operate a Tier II university transpor-
tation center in each of the first 4 fiscal years
beginning after the date of the competition.
‘‘(4) AMOUNT OF GRANTS.—For each of fiscal
years 2005 through 2009, a grant made by the Sec-
904
retary to a nonprofit institution of higher learning
for a fiscal year to establish and operate a Tier II
university transportation center shall not exceed
$1,000,000.
‘‘(h) SUPPORT OF NATIONAL STRATEGY FOR SUR-
FACE TRANSPORTATION RESEARCH.—In order to be eligi-
ble to receive a grant under this section, a nonprofit insti-
tution of higher learning shall provide assurances satisfac-
tory to the Secretary that the research and education ac-
tivities of its university transportation center will support
the national strategy for surface transportation research,
as identified by—
‘‘(1) the report of the National Highway Re-
search and Technology Partnership entitled ‘High-
way Research and Technology: The Need for Great-
er Investment’, dated April 2002; and
‘‘(2) the programs of the National Research
and Technology Program of the Federal Transit Ad-
ministration.
‘‘(i) MAINTENANCE OF EFFORT.—In order to be eli-
gible to receive a grant under this section, a nonprofit in-
stitution of higher learning shall enter into an agreement
with the Secretary to ensure that the institution will main-
tain total expenditures from all other sources to establish
and operate a university transportation center and related
905
research activities at a level at least equal to the average
level of such expenditures in its 2 fiscal years prior to
award of a grant under this section.
‘‘(j) FEDERAL SHARE.—The Federal share of the
costs of activities carried out using a grant made under
this section shall be 50 percent of such costs. The non-
Federal share may include funds provided to a recipient
under section 503, 504(b), or 505 of title 23.
‘‘(k) PROGRAM COORDINATION.—
‘‘(1) COORDINATION.—The Secretary shall co-
ordinate the research, education, and technology
transfer activities that grant recipients carry out
under this section, disseminate the results of the re-
search, and establish and operate a clearinghouse to
disseminate the results of the research.
‘‘(2) ANNUAL REVIEW AND EVALUATION.—At
least annually, and consistent with the plan devel-
oped under section 508 of title 23, the Secretary
shall review and evaluate programs of grant recipi-
ents.
‘‘(3) MANAGEMENT AND OVERSIGHT.—The Sec-
retary shall expend $1,500,000 for each of fiscal
years 2005 through 2009 from amounts made avail-
able to carry out this section to carry out manage-
906
ment and oversight of the centers receiving assist-
ance under this section.
‘‘(l) PROGRAM
ADMINISTRATION.—The Secretary
shall carry out this section acting through the Adminis-
trator of the Research and Innovative Technology Admin-
istration.
‘‘(m) LIMITATION ON AVAILABILITY OF FUNDS.—
Funds made available to carry out this section shall re-
main available for obligation by the Secretary for a period
of 2 years after the last day of the fiscal year for which
such funds are authorized.’’.
(b) CONFORMING AMENDMENT.—The analysis for
subchapter I of chapter 55 of such title is amended by
striking the item relating to section 5506 and inserting
the following:
‘‘5506. University transportation research.’’.
SEC. 5303. TRANSPORTATION SCHOLARSHIP OPPORTUNI-
TIES PROGRAM.
(a) IN GENERAL.—
(1) ESTABLISHMENT OF PROGRAM.—The Sec-
retary may establish and implement a scholarship
program for the purpose of attracting qualified stu-
dents for transportation-related critical jobs.
(2) PARTNERSHIP.—The Secretary may estab-
lish the program in partnership with appropriate
nongovernmental institutions.
907
(b) PARTICIPATION AND FUNDING.—An operating
administration of the Department of Transportation and
the Office of Inspector General may participate in the
scholarship program. Notwithstanding any other provision
of law, the Secretary may use funds available to an oper-
ating administration or from the Office of Inspector Gen-
eral of the Department of Transportation for the purpose
of carrying out this section.
Subtitle D—Advanced Technologies
SEC. 
5401. 
ADVANCED 
HEAVY-DUTY 
VEHICLE 
TECH-
NOLOGIES RESEARCH PROGRAM.
(a) IN GENERAL.—Subchapter I of chapter 55 of title
49, United States Code, is amended by adding at the end
the following:
‘‘§ 5507. Advanced heavy-duty vehicle technologies
research program
‘‘(a) IN GENERAL.—The Secretary of Transportation
shall conduct research, development, demonstration, and
testing to integrate emerging advanced heavy-duty vehicle
technologies in order to provide seamless, safe, secure, and
efficient transportation and to benefit the environment.
‘‘(b) CONSULTATION.—To ensure the activities per-
formed pursuant to this section achieve the maximum ben-
efit, the Secretary of Transportation shall consult with the
Secretary of Energy, the Administrator of the Environ-
908
mental Protection Agency, and other relevant Federal
agencies on research, development, and demonstration ac-
tivities authorized under this section related to advanced
heavy-duty vehicle technologies.
‘‘(c) GRANTS, COOPERATIVE
AGREEMENTS, AND
OTHER TRANSACTIONS.—The Secretary may make grants
to, and enter into cooperative agreements and other trans-
actions with, Federal and other public agencies (including
State and local governments) and persons to carry out
subsection (a).
‘‘(d) COST SHARING.—At least 50 percent of the
funding for projects carried out under this section must
be provided by non-Federal sources.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated from the Highway Trust
Fund (other than the Mass Transit Account) to carry out
subsection (a) $1,000,000 for fiscal year 2004 and
$3,000,000 for each of fiscal years 2005 through 2009.
‘‘(f) CONTRACT AUTHORITY.—The funds authorized
to be appropriated by subsection (e) shall be available for
obligation in the same manner as if such funds were ap-
portioned under chapter 1 of title 23 and shall be subject
to any limitation on obligations imposed on funds made
available to carry out title V of the Transportation Equity
Act: A Legacy for Users.’’.
909
(b) CONFORMING AMENDMENT.—The analysis for
subchapter I of chapter 55 of such title is amended by
adding at the end the following:
‘‘5507. Advanced heavy-duty vehicle technologies research program.’’.
SEC. 5402. COMMERCIAL REMOTE SENSING PRODUCTS AND
SPATIAL INFORMATION TECHNOLOGIES.
(a) IN GENERAL.—The Secretary shall establish and
carry out a program to validate commercial remote sens-
ing products and spatial information technologies for ap-
plication to national transportation infrastructure develop-
ment and construction.
(b) PROGRAM.—
(1) NATIONAL POLICY.—The Secretary shall es-
tablish and maintain a national policy for the use of
commercial remote sensing products and spatial in-
formation technologies in national transportation in-
frastructure development and construction.
(2) POLICY IMPLEMENTATION.—The Secretary
shall develop new applications of commercial remote
sensing products and spatial information tech-
nologies for the implementation of the national pol-
icy established and maintained under paragraph (1).
(c) COOPERATION.—The Secretary shall carry out
this section in cooperation with the commercial remote
sensing program of the National Aeronautics and Space
910
Administration and a consortium of university research
centers.
(d) FUNDING.—Of the amounts made available by
section 5101(a)(1) of this Act, $3,000,000 for fiscal year
2004 and $9,000,000 for each of fiscal years 2005
through 2009 shall be available to carry out this section.
SEC. 5403. TRANSPORTATION TECHNOLOGY INNOVATION
AND DEMONSTRATION PROGRAM.
Section 5117(b)(3) of the Transportation Equity Act
for the 21st Century (23 U.S.C. 502 note) is amended—
(1) in subparagraph (B)(i)—
(A) by striking ‘‘Build an’’ and inserting
‘‘Build or integrate an’’;
(B) by striking ‘‘$2,000,000’’ and insert-
ing ‘‘$2,500,000’’;
(C) by striking ‘‘300,000 and that’’ and in-
serting ‘‘300,000,’’; and
(D) by inserting before the period at the
end the following: ‘‘, and includes major trans-
portation corridors serving that metropolitan
area’’;
(2) in subparagraph (C)(ii) by striking ‘‘by July
1, 2002’’ and inserting ‘‘by 6 months after the date
of enactment of the Transportation Equity Act: A
Legacy for Users’’; and
911
(3) in subparagraph (E) by striking clause (ii)
and inserting the following:
‘‘(ii) The term ‘follow-on deployment
areas’ means the metropolitan areas of Al-
bany, Atlanta, Austin, Baltimore, Bir-
mingham, Boston, Burlington, Charlotte,
Chicago, Cleveland, Columbus, Dallas/Ft.
Worth, Denver, Detroit, Greensboro, Hart-
ford, 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 Wash-
ington, District of Columbia.’’.
Subtitle E—Transportation Data
and Analysis
SEC. 5501. BUREAU OF TRANSPORTATION STATISTICS.
Section 111 of title 49, United States Code, is
amended to read as follows:
912
‘‘§ 111. Bureau of Transportation Statistics
‘‘(a) ESTABLISHMENT.—There is established in the
Research and Innovative Technology Administration a Bu-
reau of Transportation Statistics.
‘‘(b) DIRECTOR.—
‘‘(1) APPOINTMENT.—The Bureau shall be
headed by a Director who shall be appointed in the
competitive service by the Secretary.
‘‘(2) QUALIFICATIONS.—The Director shall be
appointed from among individuals who are qualified
to serve as the Director by virtue of their training
and experience in the collection, analysis, and use of
transportation statistics.
‘‘(c) RESPONSIBILITIES.—The Director of the Bu-
reau shall serve as the Secretary’s senior advisor on data
and statistics, and shall be responsible for carrying out
the following duties:
‘‘(1) PROVIDING DATA, STATISTICS, AND ANAL-
YSIS TO TRANSPORTATION DECISIONMAKERS.—En-
suring that the statistics compiled under paragraph
(5) are designed to support transportation decision-
making by the Federal Government, State and local
governments, metropolitan planning organizations,
transportation-related associations, the private sec-
tor (including the freight community), and the pub-
lic.
913
‘‘(2) COORDINATING COLLECTION OF INFORMA-
TION.—Working with the operating administrations
of the Department to establish and implement the
Bureau’s data programs and to improve the coordi-
nation of information collection efforts with other
Federal agencies.
‘‘(3) DATA MODERNIZATION.—Continually im-
proving surveys and data collection methods to im-
prove the accuracy and utility of transportation sta-
tistics.
‘‘(4) ENCOURAGING DATA STANDARDIZATION.—
Encouraging the standardization of data, data col-
lection methods, and data management and storage
technologies for data collected by the Bureau, the
operating administrations of the Department of
Transportation, States, local governments, metro-
politan planning organizations, and private sector
entities.
‘‘(5) COMPILING
TRANSPORTATION
STATIS-
TICS.—Compiling, analyzing, and publishing a com-
prehensive set of transportation statistics on the per-
formance and impacts of the national transportation
system, including statistics on—
‘‘(A) productivity in various parts of the
transportation sector;
914
‘‘(B) traffic flows for all modes of trans-
portation;
‘‘(C) other elements of the Intermodal
Transportation Database established under sub-
section (g);
‘‘(D) travel times and measures of conges-
tion;
‘‘(E) vehicle weights and other vehicle
characteristics;
‘‘(F) demographic, economic, and other
variables influencing traveling behavior, includ-
ing choice of transportation mode, and goods
movement;
‘‘(G) transportation costs for passenger
travel and goods movement;
‘‘(H) availability and use of mass transit
(including the number of passengers served by
each mass transit authority) and other forms of
for-hire passenger travel;
‘‘(I) frequency of vehicle and transpor-
tation facility repairs and other interruptions of
transportation service;
‘‘(J) safety and security for travelers, vehi-
cles, and transportation systems;
915
‘‘(K) consequences of transportation for
the human and natural environment;
‘‘(L) the extent, connectivity, and condition
of the transportation system, building on the
National Transportation Atlas Database devel-
oped under subsection (g); and
‘‘(M) transportation-related variables that
influence the domestic economy and global com-
petitiveness.
‘‘(6) NATIONAL
SPATIAL
DATA
INFRASTRUC-
TURE.—Building and disseminating the transpor-
tation layer of the National Spatial Data Infrastruc-
ture, including coordinating the development of
transportation geospatial data standards, compiling
intermodal geospatial data, and collecting geospatial
data that is not being collected by others.
‘‘(7) ISSUING GUIDELINES.—Issuing guidelines
for the collection of information by the Department
of Transportation required for statistics to be com-
piled under paragraph (5) in order to ensure that
such information is accurate, reliable, relevant, and
in a form that permits systematic analysis. The Bu-
reau shall review and report to the Secretary of
Transportation on the sources and reliability of the
statistics proposed by the heads of the operating ad-
916
ministrations of the Department to measure outputs
and outcomes as required by the Government Per-
formance and Results Act of 1993, and the amend-
ments made by such Act, and shall carry out such
other reviews of the sources and reliability of other
data collected or statistical information published by
the heads of the operating administrations of the
Department as shall be requested by the Secretary.
‘‘(8) MAKING STATISTICS ACCESSIBLE.—Mak-
ing the statistics published under this subsection
readily accessible.
‘‘(d) INFORMATION NEEDS ASSESSMENT.—
‘‘(1) IN GENERAL.—Within 60 days after the
date of the enactment of the Transportation Equity
Act: A Legacy for Users, the Secretary shall enter
into an arrangement with the National Research
Council to develop and publish a National Transpor-
tation Information Needs Assessment (referred to in
this subsection as the ‘Assessment’). The Assess-
ment shall be transmitted to the Secretary and the
Congress not later than 24 months after such ar-
rangement is entered into.
‘‘(2) CONTENT.—The Assessment shall—
‘‘(A) identify, in priority order, transpor-
tation data that is not being collected by the
917
Bureau, Department of Transportation oper-
ating administrations, or other Federal, State,
or local entities, but is needed to improve trans-
portation decisionmaking at the Federal, State,
and local level and to fulfill the requirements of
subsection (c)(5);
‘‘(B) recommend whether the data identi-
fied in subparagraph (A) should be collected by
the Bureau, other parts of the Department, or
by other Federal, State, or local entities, and
whether any data is a higher priority than data
currently being collected;
‘‘(C) identify any data the Bureau or other
Federal, State, and local entities is collecting
that is not needed;
‘‘(D) describe new data collection methods
(including changes in surveys) and other
changes the Bureau or other Federal, State,
and local entities should implement to improve
the standardization, accuracy, and utility of
transportation data and statistics; and
‘‘(E) estimate the cost of implementing
any recommendations.
‘‘(3) CONSULTATION.—In developing the As-
sessment, the National Research Council shall con-
918
sult with the Department’s Advisory Council on
Transportation Statistics and a representative cross-
section of transportation community stakeholders as
well as other Federal agencies, including the Envi-
ronmental Protection Agency, the Department of
Energy, and the Department of Housing and Urban
Development.
‘‘(4) REPORT TO CONGRESS.—Not later than 6
months after the National Research Council trans-
mits the Assessment under paragraph (1), the Sec-
retary shall transmit a report to Congress that
describes—
‘‘(A) how the Department plans to fill the
data gaps identified under paragraph (2)(A);
‘‘(B) how the Department plans to stop
collecting data identified under paragraph
(2)(C);
‘‘(C) how the Department plans to imple-
ment improved data collection methods and
other changes identified under paragraph
(2)(D);
‘‘(D) the expected costs of implementing
subparagraphs (A), (B), and (C) of this para-
graph;
919
‘‘(E) any findings of the Assessment under
paragraph (1) with which the Secretary dis-
agrees, and why; and
‘‘(F) any proposed statutory changes need-
ed to implement the findings of the Assessment
under paragraph (1).
‘‘(e) INTERMODAL TRANSPORTATION DATA BASE.—
‘‘(1) IN
GENERAL.—In consultation with the
Under Secretary for Policy, the Assistant Secre-
taries, and the heads of the operating administra-
tions of the Department of Transportation, the Di-
rector shall establish and maintain a transportation
data base for all modes of transportation.
‘‘(2) USE.—The data base shall be suitable for
analyses carried out by the Federal Government, the
States, and metropolitan planning organizations.
‘‘(3) 
CONTENTS.—The 
data 
base 
shall
include—
‘‘(A) information on the volumes and pat-
terns of movement of goods, including local,
interregional, and international movement, by
all modes of transportation and intermodal
combinations, and by relevant classification;
‘‘(B) information on the volumes and pat-
terns of movement of people, including local,
920
interregional, and international movements, by
all modes of transportation (including bicycle
and pedestrian modes) and intermodal combina-
tions, and by relevant classification;
‘‘(C) information on the location and
connectivity of transportation facilities and
services; and
‘‘(D) a national accounting of expenditures
and capital stocks on each mode of transpor-
tation and intermodal combination.
‘‘(f) NATIONAL TRANSPORTATION LIBRARY.—
‘‘(1) IN GENERAL.—The Director shall establish
and maintain a National Transportation Library,
which shall contain a collection of statistical and
other information needed for transportation decision-
making at the Federal, State, and local levels.
‘‘(2) ACCESS.—The Director shall facilitate and
promote access to the Library, with the goal of im-
proving the ability of the transportation community
to share information and the ability of the Director
to make statistics readily accessible under subsection
(c)(8).
‘‘(3) COORDINATION.—The Director shall work
with other transportation libraries and other trans-
921
portation information providers, both public and pri-
vate, to achieve the goal specified in paragraph (2).
‘‘(g) NATIONAL
TRANSPORTATION
ATLAS
DATA
BASE.—
‘‘(1) IN GENERAL.—The Director shall develop
and maintain geospatial data bases that depict—
‘‘(A) transportation networks;
‘‘(B) flows of people, goods, vehicles, and
craft over the networks; and
‘‘(C) social, economic, and environmental
conditions that affect or are affected by the net-
works.
‘‘(2) INTERMODAL
NETWORK
ANALYSIS.—The
data bases shall be able to support intermodal net-
work analysis.
‘‘(h) MANDATORY
RESPONSE
AUTHORITY
FOR
FREIGHT
DATA
COLLECTION.—Whoever, being the
owner, official, agent, person in charge, or assistant to the
person in charge of any corporation, company, business,
institution, establishment, or organization of any nature
whatsoever, neglects or refuses, when requested by the Di-
rector or other authorized officer, employee, or contractor
of the Bureau, to answer completely and correctly to the
best of his or her knowledge all questions relating to the
corporation, company, business, institution, establishment,
922
or other organization, or to make available records or sta-
tistics in his or her official custody, contained in a data
collection request prepared and submitted under the au-
thority of subsection (c)(1), shall be fined not more than
$500; but if he or she willfully gives a false answer to
such a question, he or she shall be fined not more than
$10,000.
‘‘(i) RESEARCH AND DEVELOPMENT GRANTS.—The
Secretary may make grants to, or enter into cooperative
agreements or contracts with, public and nonprofit private
entities (including State transportation departments, met-
ropolitan planning organizations, and institutions of high-
er education) for—
‘‘(1) investigation of the subjects specified in
subsection (c)(5) and research and development of
new methods of data collection, standardization,
management, integration, dissemination, interpreta-
tion, and analysis;
‘‘(2) demonstration programs by States, local
governments, and metropolitan planning organiza-
tions to harmonize data collection, reporting, man-
agement, storage, and archiving to simplify data
comparisons across jurisdictions;
‘‘(3) development of electronic clearinghouses of
transportation data and related information, as part
923
of the National Transportation Library under sub-
section (f); and
‘‘(4) development and improvement of methods
for sharing geographic data, in support of the na-
tional transportation atlas data base under sub-
section (g) and the National Spatial Data Infra-
structure developed under Executive Order No.
12906.
‘‘(j) LIMITATIONS ON STATUTORY CONSTRUCTION.—
Nothing in this section shall be construed—
‘‘(1) to authorize the Bureau to require any
other department or agency to collect data; or
‘‘(2) to reduce the authority of any other officer
of the Department of Transportation to collect and
disseminate data independently.
‘‘(k) PROHIBITION ON CERTAIN DISCLOSURES.—
‘‘(1) IN
GENERAL.—An officer, employee or
contractor of the Bureau may not—
‘‘(A) make any disclosure in which the
data provided by an individual or organization
under subsection (c) can be identified;
‘‘(B) use the information provided under
subsection (c) for a nonstatistical purpose; or
‘‘(C) permit anyone other than an indi-
vidual authorized by the Director to examine
924
any individual report provided under subsection
(c).
‘‘(3) INFORMING
RESPONDENT
OF
USE
OF
DATA.—In a case in which the Bureau is authorized
by statute to collect data or information for a non-
statistical purpose, the Director shall clearly distin-
guish the collection of the data or information, by
rule and on the collection instrument, so as to in-
form a respondent that is requested or required to
supply the data or information of the nonstatistical
purpose.
‘‘(l) TRANSPORTATION
STATISTICS
ANNUAL
RE-
PORT.—The Director shall transmit to the President and
Congress a Transportation Statistics Annual Report which
shall include information on items referred to in sub-
section (c)(5), documentation of methods used to obtain
and ensure the quality of the statistics presented in the
report, and recommendations for improving transportation
statistical information.
‘‘(m) DATA ACCESS.—The Director shall have access
to transportation and transportation-related information
in the possession of any Federal agency except
information—
‘‘(1) the disclosure of which to another Federal
agency is expressly prohibited by law; or
925
‘‘(2) the disclosure of which the agency so re-
quested determines would significantly impair the
discharge of authorities and responsibilities which
have been delegated to, or vested by law, in such
agency.
‘‘(n) PROCEEDS OF DATA PRODUCT SALES.—Not-
withstanding section 3302 of title 31, funds received by
the Bureau from the sale of data products, for necessary
expenses incurred, may be credited to the Highway Trust
Fund (other than the Mass Transit Account) for the pur-
pose of reimbursing the Bureau for the expenses.
‘‘(o) ADVISORY COUNCIL ON TRANSPORTATION STA-
TISTICS.—
‘‘(1) ESTABLISHMENT.—The Director of the
Bureau of Transportation Statistics shall establish
an Advisory Council on Transportation Statistics.
‘‘(2) FUNCTION.—It shall be the function of the
Advisory Council established under this subsection
to—
‘‘(A) advise the Director of the Bureau of
Transportation Statistics on the quality, reli-
ability, consistency, objectivity, and relevance of
transportation statistics and analyses collected,
supported, or disseminated by the Bureau of
926
Transportation Statistics and the Department
of Transportation;
‘‘(B) provide input to and review the re-
port to Congress under subsection (d)(4); and
‘‘(C) advise the Director on methods to en-
courage harmonization and interoperability of
transportation data collected by the Bureau, the
operating administrations of the Department of
Transportation, States, local governments, met-
ropolitan planning organizations, and private
sector entities.
‘‘(3) MEMBERSHIP.—The Advisory Council es-
tablished under this subsection shall be composed of
not fewer than 9 and not more than 11 members ap-
pointed by the Director, who are not officers or em-
ployees of the United States. Each member shall
have expertise in transportation data collection or
analysis or application; except that 1 member shall
have expertise in economics, 1 member shall have ex-
pertise in statistics, and 1 member shall have experi-
ence in transportation safety. At least 1 member
shall be a senior official of a State department of
transportation. Members shall include representation
of a cross-section of transportation community
stakeholders.
927
‘‘(4) TERMS OF APPOINTMENT.—(A) Except as
provided in subparagraph (B), members shall be ap-
pointed to staggered terms not to exceed 3 years. A
member may be renominated for one additional 3-
year term.
‘‘(B) Members serving on the Advisory Council
on Transportation Statistics as of the date of enact-
ment of the Transportation Equity Act: A Legacy
for Users shall serve until the end of their appointed
terms.
‘‘(5) APPLICABILITY
OF
FEDERAL
ADVISORY
COMMITTEE ACT.—The Federal Advisory Committee
Act shall apply to the Advisory Council established
under this subsection, except that section 14 of such
Act shall not apply to such Advisory Council.’’.
SEC. 5502. REPORTS OF BUREAU OF TRANSPORTATION
STATISTICS.
Section 111(k) of title 49, United States Code, as
amended by section 5501 of this Act, is amended by in-
serting after paragraph (1) the following:
‘‘(2) COPIES OF REPORTS.—
‘‘(A) IN
GENERAL.—No department, bu-
reau, agency, officer, or employee of the United
States (except the Director in carrying out this
section) may require, for any reason, a copy of
928
any report that has been filed under subsection
(c) with the Bureau or retained by an indi-
vidual respondent.
‘‘(B) LIMITATION
ON
JUDICIAL
PRO-
CEEDINGS.—A copy of a report described in
subparagraph (A) that has been retained by an
individual respondent or filed with the Bureau
or any of its employees, contractors, or
agents—
‘‘(i) shall be immune from legal proc-
ess; and
‘‘(ii) shall not, without the consent of
the individual concerned, be admitted as
evidence or used for any purpose in any
action, suit, or other judicial or adminis-
trative proceedings.
‘‘(C) 
APPLICABILITY.—This 
paragraph
shall apply only to reports that permit informa-
tion concerning an individual or organization to
be reasonably determined by direct or indirect
means.’’.
929
Subtitle F—Intelligent
Transportation Systems Research
SEC. 5601. SHORT TITLE.
This subtitle may be cited as the ‘‘Intelligent Trans-
portation Systems Act of 2005’’.
SEC. 5602. GOALS AND PURPOSES.
(a) GOALS.—The goals of the intelligent transpor-
tation system program include—
(1) enhancement of surface transportation effi-
ciency and facilitation of intermodalism and inter-
national trade to enable existing facilities to meet a
significant portion of future transportation needs,
including public access to employment, goods, and
services and to reduce regulatory, financial, and
other transaction costs to public agencies and sys-
tem users;
(2) achievement of national transportation safe-
ty goals, including the enhancement of safe oper-
ation of motor vehicles and nonmotorized vehicles as
well as improved emergency response to a crash,
with particular emphasis on decreasing the number
and severity of collisions;
(3) protection and enhancement of the natural
environment and communities affected by surface
transportation, with particular emphasis on assisting
930
State and local governments to achieve national en-
vironmental goals;
(4) accommodation of the needs of all users of
surface transportation systems, including operators
of commercial motor vehicles, passenger motor vehi-
cles, motorcycles, and bicycles and pedestrians, in-
cluding individuals with disabilities; and
(5) improvement of the Nation’s ability to re-
spond to security-related or other manmade emer-
gencies and natural disasters and enhancement of
national defense mobility.
(b) PURPOSES.—The Secretary shall implement ac-
tivities under the intelligent system transportation pro-
gram to, at a minimum—
(1) expedite, in both metropolitan and rural
areas, deployment and integration of intelligent
transportation systems for consumers of passenger
and freight transportation;
(2) ensure that Federal, State, and local trans-
portation officials have adequate knowledge of intel-
ligent transportation systems for full consideration
in the transportation planning process;
(3) improve regional cooperation and operations
planning for effective intelligent transportation sys-
tem deployment;
931
(4) promote the innovative use of private re-
sources;
(5) facilitate, in cooperation with the motor ve-
hicle industry, the introduction of a vehicle-based
safety enhancing systems;
(6) support the application of intelligent trans-
portation systems that increase the safety and effi-
ciency of commercial motor vehicle operations;
(7) develop a workforce capable of developing,
operating, and maintaining intelligent transportation
systems; and
(8) provide continuing support for operations
and maintenance of intelligent transportation sys-
tems.
SEC. 5603. GENERAL AUTHORITIES AND REQUIREMENTS.
(a) SCOPE.—Subject to the provisions of this subtitle,
the Secretary shall conduct an ongoing intelligent trans-
portation system program to research, develop, and oper-
ationally test intelligent transportation systems and ad-
vance nationwide deployment of such systems as a compo-
nent of the surface transportation systems of the United
States.
(b) POLICY.—Intelligent transportation system re-
search projects and operational tests funded pursuant to
this subtitle shall encourage and not displace public-pri-
932
vate partnerships or private sector investment in such
tests and projects.
(c) COOPERATION WITH GOVERNMENTAL, PRIVATE,
AND EDUCATIONAL ENTITIES.—The Secretary shall carry
out the intelligent transportation system program in co-
operation with State and local governments and other pub-
lic entities, the private sector of the United States, the
Federal laboratories, and colleges and universities, includ-
ing historically Black colleges and universities and other
minority institutions of higher education.
(d) CONSULTATION WITH FEDERAL OFFICIALS.—In
carrying out the intelligent transportation system pro-
gram, the Secretary shall consult with the heads of other
Federal departments and agencies, as appropriate.
(e) TECHNICAL ASSISTANCE, TRAINING, AND INFOR-
MATION.—The Secretary may provide technical assistance,
training, and information to State and local governments
seeking to implement, operate, maintain, or evaluate intel-
ligent transportation system technologies and services.
(f) TRANSPORTATION PLANNING.—The Secretary
may provide funding to support adequate consideration of
transportation systems management and operations, in-
cluding intelligent transportation systems, within metro-
politan and statewide transportation planning processes.
(g) INFORMATION CLEARINGHOUSE.—
933
(1) IN GENERAL.—The Secretary shall—
(A) maintain a repository for technical and
safety data collected as a result of federally
sponsored projects carried out under this sub-
title (including the amendments made by this
subtitle); and
(B) make, on request, that information
(except for proprietary information and data)
readily available to all users of the repository at
an appropriate cost.
(2) AGREEMENT.—
(A) IN
GENERAL.—The Secretary may
enter into an agreement with a third party for
the maintenance of the repository for technical
and safety data under paragraph (1)(A).
(B) FEDERAL FINANCIAL ASSISTANCE.—If
the Secretary enters into an agreement with an
entity for the maintenance of the repository, the
entity shall be eligible for Federal financial as-
sistance under this section.
(3) AVAILABILITY OF INFORMATION.—Informa-
tion in the repository shall not be subject to section
555 of title 5, United States Code.
(h) ADVISORY COMMITTEE.—
934
(1) IN GENERAL.—The Secretary shall establish
an Advisory Committee to advise the Secretary on
carrying out this subtitle.
(2) MEMBERSHIP.—The Advisory Committee
shall have no more than 20 members, be balanced
between metropolitan and rural interests, and in-
clude, at a minimum—
(A) a representative from a State highway
department;
(B) a representative from a local highway
department who is not from a metropolitan
planning organization;
(C) a representative from a State, local, or
regional transit agency;
(D) a representative from a metropolitan
planning organization;
(E) a private sector user of intelligent
transportation system technologies;
(F) an academic researcher with expertise
in computer science or another information
science field related to intelligent transportation
systems, and who is not an expert on transpor-
tation issues;
(G) an academic researcher who is a civil
engineer;
935
(H) an academic researcher who is a social
scientist with expertise in transportation issues;
(I) a representative from a not-for-profit
group representing the intelligent transpor-
tation system industry;
(J) a representative from a public interest
group concerned with safety;
(K) a representative from a public interest
group concerned with the impact of the trans-
portation system on land use and residential
patterns; and
(L) members with expertise in planning,
safety, and operations.
(3) DUTIES.—The Advisory Committee shall, at
a minimum, perform the following duties:
(A) Provide input into the development of
the Intelligent Transportation System aspects
of the strategic plan under section 508 of title
23, United States Code.
(B) Review, at least annually, areas of in-
telligent transportation systems research being
considered for funding by the Department, to
determine—
(i) whether these activities are likely
to advance either the state-of-the-practice
936
or state-of-the-art in intelligent transpor-
tation systems;
(ii) whether the intelligent transpor-
tation system technologies are likely to be
deployed by users, and, if not, to determine
the barriers to deployment; and
(iii) the appropriate roles for govern-
ment and the private sector in investing in
the research and technologies being consid-
ered.
(4) REPORT.—Not later than February 1 of
each year after the date of enactment of this Act,
the Secretary shall transmit to the Congress, a re-
port including—
(A) all recommendations made by the Ad-
visory Committee during the preceding calendar
year;
(B) an explanation of how the Secretary
has implemented those recommendations; and
(C) for recommendations not implemented,
the reasons for rejecting the recommendations.
(5) APPLICABILITY
OF
FEDERAL
ADVISORY
COMMITTEE ACT.—The Advisory Committee shall be
subject to the Federal Advisory Committee Act (5
U.S.C. App.).
937
(i) REPORTING.—
(1) GUIDELINES AND REQUIREMENTS.—
(A) IN
GENERAL.—The Secretary shall
issue guidelines and requirements for the re-
porting and evaluation of operational tests and
deployment projects carried out under this sub-
title.
(B) OBJECTIVITY AND INDEPENDENCE.—
The guidelines and requirements issued under
subparagraph (A) shall include provisions to en-
sure the objectivity and independence of the re-
porting entity so as to avoid any real or appar-
ent conflict of interest or potential influence on
the outcome by parties to any such test or de-
ployment project or by any other formal evalua-
tion carried out under this subtitle.
(C) FUNDING.—The guidelines and re-
quirements issued under subparagraph (A) shall
establish reporting funding levels based on the
size and scope of each test or project that en-
sure adequate reporting of the results of the
test or project.
(2) SPECIAL RULE.—Any survey, questionnaire,
or interview that the Secretary considers necessary
to carry out the reporting of any test, deployment
938
project, or program assessment activity under this
subtitle shall not be subject to chapter 35 of title 44.
SEC. 5604. NATIONAL ARCHITECTURE AND STANDARDS.
(a) IN GENERAL.—
(1) DEVELOPMENT, 
IMPLEMENTATION, 
AND
MAINTENANCE.—Consistent with section 12(d) of
the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note; 110 Stat. 783),
the Secretary shall develop, implement, and maintain
a national architecture and supporting standards
and protocols to promote the widespread use and
evaluation of intelligent transportation system tech-
nology as a component of the surface transportation
systems of the United States.
(2) INTEROPERABILITY AND EFFICIENCY.—To
the maximum extent practicable, the national archi-
tecture shall promote interoperability among, and ef-
ficiency of, intelligent transportation system tech-
nologies implemented throughout the United States.
(3) USE OF STANDARDS DEVELOPMENT ORGA-
NIZATIONS.—In carrying out this section, the Sec-
retary shall use the services of such standards devel-
opment organizations as the Secretary determines to
be appropriate.
(4) USE OF EXPERT PANEL.—
939
(A) DESIGNATION.—The Secretary shall
designate a panel of experts to recommend ways
to expedite and streamline the process for de-
veloping the standards and protocols to be de-
veloped pursuant to paragraph (1).
(B) NONAPPLICABILITY OF ADVISORY COM-
MITTEE ACT.—The expert panel shall not be
subject to the Federal Advisory Committee Act
(5 U.S.C. App.).
(C) DEADLINE FOR RECOMMENDATION.—
No later than September 30, 2006, the expert
panel shall provide the Secretary with a rec-
ommendation relating to such standards devel-
opment.
(b) PROVISIONAL STANDARDS.—
(1) IN GENERAL.—If the Secretary finds that
the development or balloting of an intelligent trans-
portation system standard jeopardizes the timely
achievement of the objectives identified in subsection
(a), the Secretary may establish a provisional stand-
ard, after consultation with affected parties, using,
to the extent practicable, the work product of appro-
priate standards development organizations.
(2) PERIOD OF EFFECTIVENESS.—A provisional
standard established under paragraph (1) shall be
940
published in the Federal Register and remain in ef-
fect until the appropriate standards development or-
ganization adopts and publishes a standard.
(c) CONFORMITY
WITH
NATIONAL
ARCHITEC-
TURE.—
(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), the Secretary shall ensure that
intelligent transportation system projects carried out
using funds made available from the Highway Trust
Fund, including funds made available under this
subtitle to deploy intelligent transportation system
technologies, conform to the national architecture,
applicable standards or provisional standards, and
protocols developed under subsection (a).
(2) SECRETARY’S DISCRETION.—The Secretary
may authorize exceptions to paragraph (1) for—
(A) projects designed to achieve specific re-
search objectives outlined in the national intel-
ligent transportation system program plan or
the surface transportation research and devel-
opment strategic plan developed under section
508 of title 23, United States Code; or
(B) the upgrade or expansion of an intel-
ligent transportation system in existence on the
941
date of enactment of this Act if the Secretary
determines that the upgrade or expansion—
(i) would not adversely affect the
goals or purposes of this subtitle;
(ii) is carried out before the end of
the useful life of such system; and
(iii) is cost-effective as compared to
alternatives that would meet the con-
formity requirement of paragraph (1).
(3) EXCEPTIONS.—Paragraph (1) shall not
apply to funds used for operation or maintenance of
an intelligent transportation system in existence on
the date of enactment of this Act.
SEC. 5605. RESEARCH AND DEVELOPMENT.
(a) IN GENERAL.—The Secretary shall carry out a
comprehensive program of intelligent transportation sys-
tem research, development, and operational tests of intel-
ligent vehicles and intelligent infrastructure systems and
other similar activities that are necessary to carry out this
subtitle.
(b) PRIORITY AREAS.—Under the program, the Sec-
retary shall give higher priority to funding projects that—
(1) enhance mobility and productivity through
improved traffic management, incident management,
transit management, freight management, road
942
weather management, toll collection, traveler infor-
mation, or highway operations systems and remote
sensing products;
(2) utilize interdisciplinary approaches to de-
velop traffic management strategies and tools to ad-
dress multiple impacts of congestion concurrently;
(3) enhance safety through improved crash
avoidance and protection, crash and other notifica-
tion, commercial motor vehicle operations, and infra-
structure-based or cooperative safety systems; and
(4) facilitate the integration of intelligent infra-
structure, vehicle, and control technologies.
(c) FEDERAL SHARE.—The Federal share of the cost
of operational tests and demonstrations under subsection
(a) shall not exceed 80 percent.
SEC. 5606. INFRASTRUCTURE DEVELOPMENT.
Funds made available to carry out this subtitle for
operational tests—
(1) shall be used primarily for the development
of intelligent transportation system infrastructure;
and
(2) to the maximum extent practicable, shall
not be used for the construction of physical highway
and public transportation infrastructure unless the
construction is incidental and critically necessary to
943
the implementation of an intelligent transportation
system project.
SEC. 5607. ROAD WEATHER RESEARCH AND DEVELOPMENT
PROGRAM.
(a) ESTABLISHMENT.—The Secretary shall establish
a road weather research and development program to—
(1) maximize use of available road weather in-
formation and technologies;
(2) expand road weather research and develop-
ment efforts to enhance roadway safety, capacity,
and efficiency while minimizing environmental im-
pacts; and
(3) promote technology transfer of effective
road weather scientific and technological advances.
(b) STAKEHOLDER INPUT.—In carrying out this sec-
tion, the Secretary shall consult with the National Oceanic
and Atmospheric Administration, the National Science
Foundation, the American Association of State Highway
and Transportation Officials, nonprofit organizations, and
the private sector.
(c) CONTENTS.—The program established under this
section shall solely carry out research and development
called for in the National Research Council’s report enti-
tled ‘‘A Research Agenda for Improving Road Weather
Services’’. Such research and development includes—
944
(1) integrating existing observational networks
and data management systems for road weather ap-
plications;
(2) improving weather modeling capabilities and
forecast tools, such as the road surface and atmos-
pheric interface;
(3) enhancing mechanisms for communicating
road weather information to users, such as transpor-
tation officials and the public; and
(4) integrating road weather technologies into
an information infrastructure.
(d) ACTIVITIES.—In carrying out this section, the
Secretary shall—
(1) enable efficient technology transfer;
(2) improve education and training of road
weather information users, such as State and local
transportation officials and private sector transpor-
tation contractors; and
(3) coordinate with transportation weather re-
search programs in other modes, such as aviation.
(e) FUNDING.—
(1) IN
GENERAL.—In awarding funds under
this section, the Secretary shall give preference to
applications with significant matching funds from
non-Federal sources.
945
(2) FUNDS
FOR
ROAD
WEATHER
RESEARCH
AND DEVELOPMENT.—Of the amounts made avail-
able by section 5101(a)(5), $4,000,000 shall be
available to carry out this section for each of fiscal
years 2004 through 2009.
SEC. 5608. DEFINITIONS.
In this subtitle, the following definitions apply:
(1) INCIDENT.—The term ‘‘incident’’ means a
crash, a natural disaster, workzone activity, special
event, or other emergency road user occurrence that
adversely affects or impedes the normal flow of traf-
fic.
(2) INTELLIGENT
TRANSPORTATION
INFRA-
STRUCTURE.—The term ‘‘intelligent transportation
infrastructure’’ means fully integrated public sector
intelligent transportation system components, as de-
fined by the Secretary.
(3) INTELLIGENT TRANSPORTATION SYSTEM.—
The term ‘‘intelligent transportation system’’ means
electronics, communications, or information proc-
essing used singly or in combination to improve the
efficiency or safety of a surface transportation sys-
tem.
946
(4) NATIONAL ARCHITECTURE.—The term ‘‘na-
tional architecture’’ means the common framework
for interoperability that defines—
(A) the functions associated with intel-
ligent transportation system user services;
(B) the physical entities or subsystems
within which the functions reside;
(C) the data interfaces and information
flows between physical subsystems; and
(D) the communications requirements as-
sociated with the information flows.
(5) PROJECT.—The term ‘‘project’’ means a
undertaking to research, develop, or operationally
test intelligent transportation systems or any other
undertaking eligible for assistance under this sub-
title.
(6) STANDARD.—The term ‘‘standard’’ means a
document that—
(A) contains technical specifications or
other precise criteria for intelligent transpor-
tation systems that are to be used consistently
as rules, guidelines, or definitions of character-
istics so as to ensure that materials, products,
processes, and services are fit for their pur-
poses; and
947
(B) may support the national architecture
and promote—
(i) the widespread use and adoption of
intelligent 
transportation 
system 
tech-
nology as a component of the surface
transportation systems of the United
States; and
(ii) interoperability among intelligent
transportation system technologies imple-
mented throughout the States.
(7) STATE.—The term ‘‘State’’ has the mean-
ing given the term under section 101 of title 23,
United States Code.
(8) TRANSPORTATION SYSTEMS MANAGEMENT
AND OPERATIONS.—The term ‘‘transportation sys-
tems management and operations’’ has the meaning
given the term under section 101(a) of such title.
SEC. 5609. RURAL INTERSTATE CORRIDOR COMMUNICA-
TIONS STUDY.
(a) STUDY.—The Secretary, in cooperation with the
Secretary of Commerce, State departments of transpor-
tation, and other appropriate State, regional, and local of-
ficials, shall conduct a study on feasibility of installing
fiber optic cabling and wireless communication infrastruc-
ture along multistate Interstate System route corridors for
948
improved communications services to rural communities
along such corridors.
(b) CONTENTS OF STUDY.—In conducting the study,
the Secretary shall identify—
(1) impediments to installation of the infra-
structure 
described 
in 
subsection 
(a) 
along
multistate Interstate System route corridors and to
connecting such infrastructure to the rural commu-
nities along such corridors;
(2) the effective geographic range of such infra-
structure;
(3) potential opportunities for the private sector
to fund, wholly or partially, the installation of such
infrastructure;
(4) potential benefits fiber optic cabling and
wireless communication infrastructure may provide
to rural communities along such corridors, including
the effects of the installation of such infrastructure
on economic development, deployment of intelligent
transportation systems technologies and applica-
tions, homeland security precaution and response,
and education and health systems in those commu-
nities;
(5) rural broadband access points for such in-
frastructure;
949
(6) areas of environmental conflict with such in-
stallation;
(7) real estate ownership issues relating to such
installation;
(8) preliminary design for placement of fiber
optic cable and wireless towers;
(9) monetary value of the rights-of-way nec-
essary for such installation;
(10) applicability and transferability of the ben-
efits of such installation to other rural corridors; and
(11) safety and other operational issues associ-
ated with the installation and maintenance of fiber
optic cabling and wire infrastructure within Inter-
state System rights-of-way and other publicly owned
rights-of-way.
(c) CORRIDOR
LOCATIONS.—The study required
under subsection (a) shall be conducted for corridors
along—
(1) Interstate Route I–90 through rural Wis-
consin, southern Minnesota, northern Iowa, and
South Dakota;
(2) Interstate Route I–20 through Alabama,
Mississippi, and northern Louisiana;
(3) Interstate Route I–91 through Vermont,
New Hampshire, and Massachusetts; and
950
(4) any other rural corridor the Secretary con-
siders appropriate.
(d) FEDERAL SHARE.—The Federal share of the cost
of the study shall be 100 percent.
(e) REPORT TO CONGRESS.—Not later than Sep-
tember 30, 2006, the Secretary shall transmit to Congress
a report on the results of the study, including any rec-
ommendations of the Secretary.
(f) FUNDING.—Of the amounts made available under
section 5101(a)(5), $1,000,000 shall be available for fiscal
year 2005, and $2,000,000 for fiscal year 2006, to carry
out this section.
SEC. 5610. CENTERS FOR SURFACE TRANSPORTATION EX-
CELLENCE.
(a) ESTABLISHMENT.—The Secretary shall establish
3 centers for surface transportation excellence.
(b) GOALS.—The goals of the centers for surface
transportation excellence are to promote and support stra-
tegic national surface transportation programs and activi-
ties relating to the work of State departments of transpor-
tation in the areas of environment, rural safety, and
project finance.
(c) ROLE OF CENTERS.—To achieve the goals set
forth in subsection (b), the Secretary shall establish the
3 centers as follows:
951
(1) ENVIRONMENTAL
EXCELLENCE.—To pro-
vide technical assistance, information sharing of best
practices, and training in the use of tools and deci-
sion-making processes that can assist States in plan-
ning and delivering environmentally sound surface
transportation projects.
(2) RURAL
SAFETY.—To provide research,
training, and outreach on innovative uses of tech-
nology to enhance rural safety and economic devel-
opment, assess local community needs to improve ac-
cess to mobile emergency treatment, and develop on-
line and seminar training needs of rural transpor-
tation practitioners and policy-makers.
(3) PROJECT FINANCE.—To provide support to
State transportation departments in the development
of finance plans and project oversight tools and to
develop and offer training in state of the art financ-
ing methods to advance projects and leverage funds.
(d) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—Of the amounts made avail-
able under section 5101(a)(1), the Secretary shall
make available $2,000,000 for each of fiscal years
2004 through 2009 to carry out this section.
952
(2) ALLOCATION
OF
FUNDS.—Of the funds
made available under paragraph (1) the Secretary
shall use such amounts as follows:
(A) 40 percent to establish the Center for
Environmental Excellence.
(B) 30 percent to establish the Center for
Excellence in Rural Safety.
(C) 30 percent to establish the Center for
Excellence in Project Finance.
(3) APPLICABILITY OF TITLE 23.—Funds au-
thorized by this section shall be available for obliga-
tion in the same manner as if such funds were ap-
portioned under chapter 1 of title 23, United States
Code, except that the Federal share shall be 100
percent.
(e) PROGRAM ADMINISTRATION.—
(1) COMPETITION.—A party entering into a
contract, cooperative agreement, or other transaction
with the Secretary, or receiving a grant to perform
research or provide technical assistance under this
section shall be selected on a competitive basis, to
the maximum extent practicable.
(2) STRATEGIC PLAN.—The Secretary shall re-
quire each center to develop a multiyear strategic
plan that describes—
953
(A) the activities to be undertaken; and
(B) how the work of the center is coordi-
nated with the activities of the Federal High-
way Administration and the various other re-
search, development, and technology transfer
activities authorized by this title. Such plans
shall be submitted to the Secretary by January
1, 2006, and each year thereafter.
SEC. 5611. REPEAL.
Subtitle C of title V of The Transportation Equity
Act for the 21st Century (23 U.S.C. 502 note; 112 Stat.
452–463) is repealed.
SEC. 5612. SPECIAL RULE FOR FISCAL YEAR 2004.
In any case in which an amount is authorized to be
appropriated, made available, allocated, set aside, taken
down, or subject to an obligation limitation for fiscal year
2004 for a program, project, or activity in any provision
of this title, including an amendment made by this title,
that is different than the amount authorized to be appro-
priated, made available, allocated, set aside, taken down,
or subject to an obligation limitation for fiscal year 2004
for such program, project, or activity in any provision of
the Surface Transportation Extension Act of 2004, Part
V (Public Law 108–310), including any amendment made
by such Act, the amount referred to in such Act shall be
954
the amount authorized to be appropriated, made available,
allocated, set aside, taken down, or subject to an obliga-
tion limitation.
TITLE 
VI—TRANSPORTATION
PLANNING AND PROJECT DE-
LIVERY
SEC. 6001. TRANSPORTATION PLANNING.
(a) IN GENERAL.—Subtitle III of title 49, United
States Code, is amended by inserting after chapter 51 the
following:
‘‘CHAPTER 52—TRANSPORTATION
PLANNING AND PROJECT DELIVERY
‘‘SUBCHAPTER A—GENERAL PROVISIONS
‘‘Sec.
‘‘5201. Definitions.
‘‘SUBCHAPTER B—TRANSPORTATION PLANNING AND PROJECT DELIVERY
‘‘5211. Policy.
‘‘5212. Definitions.
‘‘5213. Metropolitan transportation planning.
‘‘5214. Statewide transportation planning.
‘‘SUBCHAPTER C—EFFICIENT ENVIRONMENTAL REVIEWS FOR PROJECT
DECISIONMAKING
‘‘5251. Definitions and applicability.
‘‘5252. Project development procedures.
‘‘SUBCHAPTER A—GENERAL PROVISIONS
‘‘§ 5201. Definitions
‘‘In this chapter, the following definitions apply:
‘‘(1) SECRETARY.—The term ‘Secretary’ means
the Secretary of Transportation.
955
‘‘(2) STATE.—The term ‘State’ means a State
of the United States, the District of Columbia, and
Puerto Rico.
‘‘SUBCHAPTER B—TRANSPORTATION
PLANNING AND PROJECT DELIVERY
‘‘§ 5211. Policy
‘‘(a) IN GENERAL.—It is in the national interest to—
‘‘(1) encourage and promote the safe and effi-
cient management, operation, and development of
surface transportation systems that will serve the
mobility needs of people and freight and foster eco-
nomic growth and development within and between
States and urbanized areas, while minimizing trans-
portation-related fuel consumption and air pollution
through metropolitan and statewide transportation
planning processes identified in this chapter; and
‘‘(2) encourage the continued improvement and
evolution of the metropolitan and statewide trans-
portation planning processes by metropolitan plan-
ning organizations, State departments of transpor-
tation, and public transit operators as guided by the
planning factors identified in sections 5213(f) and
5214(d).
‘‘(b) COMMON TRANSPORTATION PLANNING PRO-
GRAM.—This subchapter provides a common transpor-
956
tation planning program to be administered by the Fed-
eral Highway Administration and the Federal Transit Ad-
ministration.
‘‘§ 5212. Definitions
‘‘(a) APPLICABILITY BY REFERENCE.—Unless other-
wise specified in subsection (b), the definitions in section
101(a) of title 23 and section 5302 are applicable to this
subchapter.
‘‘(b) ADDITIONAL DEFINITIONS.—In this subchapter,
the following definitions apply:
‘‘(1) METROPOLITAN
PLANNING
AREA.—The
term ‘metropolitan planning area’ means the geo-
graphic area determined by agreement between the
metropolitan planning organization for the area and
the Governor under section 5213(c).
‘‘(2) METROPOLITAN
PLANNING
ORGANIZA-
TION.—The term ‘metropolitan planning organiza-
tion’ means the policy board of an organization cre-
ated as a result of the designation process in section
5213(b).
‘‘(3) NONMETROPOLITAN
AREA.—The term
‘nonmetropolitan area’ means a geographic area out-
side designated metropolitan planning areas.
‘‘(4) NONMETROPOLITAN
LOCAL
OFFICIAL.—
The term ‘nonmetropolitan local official’ means
957
elected and appointed officials of general purpose
local government in a nonmetropolitan area with re-
sponsibility for transportation.
‘‘(5) TIP.—The term ‘TIP’ means a transpor-
tation improvement program developed by a metro-
politan planning organization under section 5213.
‘‘(6) URBANIZED AREA.—The term ‘urbanized
area’ means a geographic area with a population of
50,000 or more, as designated by the Bureau of the
Census.
‘‘§ 5213. Metropolitan transportation planning
‘‘(a) GENERAL REQUIREMENTS.—
‘‘(1) DEVELOPMENT
OF
LONG-RANGE
PLANS
AND TIPS.—To accomplish the objectives in section
5211, metropolitan planning organizations des-
ignated under subsection (b), in cooperation with the
State and public transportation operators, shall de-
velop long-range transportation plans and transpor-
tation improvement programs for metropolitan plan-
ning areas of the State.
‘‘(2) CONTENTS.—The plans and TIPs for each
metropolitan area shall provide for the development
and integrated management and operation of trans-
portation systems and facilities (including accessible
pedestrian walkways and bicycle transportation fa-
958
cilities) that will function as an intermodal transpor-
tation system for the metropolitan planning area
and as an integral part of an intermodal transpor-
tation system for the State and the United States.
‘‘(3) PROCESS OF DEVELOPMENT.—The process
for developing the plans and TIPs shall provide for
consideration of all modes of transportation and
shall be continuing, cooperative, and comprehensive
to the degree appropriate, based on the complexity
of the transportation problems to be addressed.
‘‘(b) DESIGNATION
OF METROPOLITAN PLANNING
ORGANIZATIONS.—
‘‘(1) IN GENERAL.—To carry out the transpor-
tation planning process required by this section, a
metropolitan planning organization shall be des-
ignated for each urbanized area with a population of
more than 50,000 individuals—
‘‘(A) by agreement between the Governor
and units of general purpose local government
that together represent at least 75 percent of
the affected population (including the largest
incorporated city (based on population) as
named by the Bureau of the Census); or
‘‘(B) in accordance with procedures estab-
lished by applicable State or local law.
959
‘‘(2) STRUCTURE.—Each metropolitan planning
organization that serves an area designated as a
transportation management area, when designated
or redesignated under this subsection, shall consist
of—
‘‘(A) local elected officials;
‘‘(B) officials of public agencies that ad-
minister or operate major modes of transpor-
tation in the metropolitan area; and
‘‘(C) appropriate State officials.
‘‘(3) LIMITATION
ON
STATUTORY
CONSTRUC-
TION.—Nothing in this subsection shall be construed
to interfere with the authority, under any State law
in effect on December 18, 1991, of a public agency
with multimodal transportation responsibilities to—
‘‘(A) develop the plans and TIPs for adop-
tion by a metropolitan planning organization;
and
‘‘(B) develop long-range capital plans, co-
ordinate transit services and projects, and carry
out other activities pursuant to State law.
‘‘(4) CONTINUING
DESIGNATION.—A designa-
tion of a metropolitan planning organization under
this subsection or any other provision of law shall
960
remain in effect until the metropolitan planning or-
ganization is redesignated under paragraph (5).
‘‘(5) REDESIGNATION PROCEDURES.—A metro-
politan planning organization may be redesignated
by agreement between the Governor and units of
general purpose local government that together rep-
resent at least 75 percent of the existing planning
area population (including the largest incorporated
city (based on population) as named by the Bureau
of the Census) as appropriate to carry out this sec-
tion.
‘‘(6) DESIGNATION OF MORE THAN 1 METRO-
POLITAN PLANNING ORGANIZATION.—More than 1
metropolitan planning organization may be des-
ignated within an existing metropolitan planning
area only if the Governor and the existing metropoli-
tan planning organization determine that the size
and complexity of the existing metropolitan planning
area make designation of more than 1 metropolitan
planning organization for the area appropriate.
‘‘(c) METROPOLITAN
PLANNING
AREA
BOUND-
ARIES.—
‘‘(1) IN GENERAL.—For the purposes of this
section, the boundaries of a metropolitan planning
area shall be determined by agreement between the
961
metropolitan planning organization and the Gov-
ernor.
‘‘(2) INCLUDED
AREA.—Each metropolitan
planning area—
‘‘(A) shall encompass at least the existing
urbanized area and the contiguous area ex-
pected to become urbanized within a 20-year
forecast period for the transportation plan; and
‘‘(B) may encompass the entire metropoli-
tan statistical area or consolidated metropolitan
statistical area, as defined by the Bureau of the
Census.
‘‘(3) IDENTIFICATION
OF
NEW
URBANIZED
AREAS WITHIN EXISTING PLANNING AREA BOUND-
ARIES.—The designation by the Bureau of the Cen-
sus of new urbanized areas within an existing metro-
politan planning area shall not require the redesig-
nation of the existing metropolitan planning organi-
zation.
‘‘(4) 
EXISTING
METROPOLITAN
PLANNING
AREAS IN NONATTAINMENT.—Notwithstanding para-
graph (2), in the case of an urbanized area des-
ignated as a nonattainment area for ozone or carbon
monoxide under the Clean Air Act (42 U.S.C. 7401
et seq.) as of the date of enactment of this para-
962
graph, the boundaries of the metropolitan planning
area in existence as of such date of enactment shall
be retained; except that the boundaries may be ad-
justed by agreement of the Governor and affected
metropolitan planning organizations in the manner
described in subsection (b)(5).
‘‘(5) NEW METROPOLITAN PLANNING AREAS IN
NONATTAINMENT.—In the case of an urbanized area
designated after the date of enactment of this para-
graph as a nonattainment area for ozone or carbon
monoxide, the boundaries of the metropolitan plan-
ning area—
‘‘(A) shall be established in the manner de-
scribed in subsection (b)(1);
‘‘(B) shall encompass the areas described
in paragraph (2)(A);
‘‘(C) may encompass the areas described in
paragraph (2)(B); and
‘‘(D) may address any nonattainment area
identified under the Clean Air Act for ozone or
carbon monoxide.
‘‘(d) COORDINATION IN MULTISTATE AREAS.—
‘‘(1) IN GENERAL.—The Secretary shall encour-
age each Governor with responsibility for a portion
of a multistate metropolitan area and the appro-
963
priate metropolitan planning organizations to pro-
vide coordinated transportation planning for the en-
tire metropolitan area.
‘‘(e) MPO CONSULTATION IN PLAN AND TIP CO-
ORDINATION.—
‘‘(1) NONATTAINMENT AREAS.—If more than 1
metropolitan planning organization has authority
within a metropolitan area or an area which is des-
ignated as a nonattainment area for ozone or carbon
monoxide under the Clean Air Act, each metropoli-
tan planning organization shall consult with the
other metropolitan planning organizations des-
ignated for such area and the State in the coordina-
tion of plans and TIPs required by this section.
‘‘(2) TRANSPORTATION
IMPROVEMENTS
LO-
CATED IN MULTIPLE MPOS.—If a transportation im-
provement funded from the Highway Trust Fund or
authorized under chapter 53 is located within the
boundaries of more than 1 metropolitan planning
area, the metropolitan planning organizations shall
coordinate plans and TIPs regarding the transpor-
tation improvement.
‘‘(3) RELATIONSHIP
WITH
OTHER
PLANNING
OFFICIALS.—The Secretary shall encourage each
metropolitan planning organization to consult with
964
those officials responsible for other types of planning
activities that are affected by transportation in the
area (including State and local planned growth, eco-
nomic development, environmental protection, air-
port operations, and freight movements) or to co-
ordinate its planning process, to the maximum ex-
tent practicable, with such planning activities. Under
the metropolitan planning process, transportation
plans and TIPs shall be developed with due consid-
eration of other related planning activities within the
metropolitan area, and the process shall provide for
the design and delivery of transportation services
within the metropolitan area that are provided by—
‘‘(A) recipients of assistance under chapter
53;
‘‘(B) governmental agencies and nonprofit
organizations (including representatives of the
agencies and organizations) that receive Federal
assistance from a source other than the Depart-
ment 
of 
Transportation 
to 
provide 
non-
emergency transportation services; and
‘‘(C) recipients of assistance under section
204 of title 23.
‘‘(f) SCOPE OF PLANNING PROCESS.—
965
‘‘(1) IN GENERAL.—The goals and objectives
developed through the metropolitan planning process
for a metropolitan planning area under this section
shall address the following factors as they relate to
the performance of the metropolitan area transpor-
tation systems:
‘‘(A) Support of the economic vitality of
the metropolitan area, especially by enabling
global competitiveness, productivity, and effi-
ciency.
‘‘(B) Increases in the safety and security
of the transportation system for motorized and
nonmotorized users.
‘‘(C) Increases in the accessibility and mo-
bility of people and for freight.
‘‘(D) Protection and enhancement of the
environment, promotion of energy conservation,
improvement of the quality of life, and pro-
motion of consistency between transportation
improvements and State and local planned
growth and economic development patterns.
‘‘(E) Enhancement of the integration and
connectivity of the transportation system,
across and between modes, for people and
freight.
966
‘‘(F) Promotion of efficient system man-
agement and operation.
‘‘(G) Emphasis on the preservation of the
existing transportation system.
‘‘(2) FAILURE
TO
CONSIDER
FACTORS.—The
failure to consider any factor specified in paragraph
(1) shall not be reviewable by any court under title
23 or this title, subchapter II of chapter 5 of title
5, or chapter 7 of title 5 in any matter affecting a
transportation plan, a TIP, a project or strategy, or
the certification of a planning process.
‘‘(g) DEVELOPMENT OF TRANSPORTATION PLAN.—
‘‘(2) TRANSPORTATION
PLAN.—A transpor-
tation plan under this section shall be in a form that
the Secretary determines to be appropriate and shall
contain, at a minimum, the following:
‘‘(A) An identification of transportation fa-
cilities (including major roadways, transit,
multimodal and intermodal facilities, and inter-
modal connectors) that should function as an
integrated metropolitan transportation system,
giving emphasis to those facilities that serve im-
portant national and regional transportation
functions. In formulating the transportation
plan, the metropolitan planning organization
967
shall consider factors described in subsection (f)
as such factors relate to a 20-year forecast pe-
riod.
‘‘(B) A financial plan that demonstrates
how the adopted transportation plan can be im-
plemented, indicates resources from public and
private sources that are reasonably expected to
be made available to carry out the plan, and
recommends any additional financing strategies
for needed projects and programs. The financial
plan may include, for illustrative purposes, ad-
ditional projects that would be included in the
adopted transportation plan if reasonable addi-
tional resources beyond those identified in the
financial plan were available. For the purpose
of developing the transportation plan, the met-
ropolitan planning organization, transit oper-
ator, and State shall cooperatively develop esti-
mates of funds that will be available to support
plan implementation.
‘‘(C) Operational and management strate-
gies to improve the performance of existing
transportation facilities to relieve vehicular con-
gestion and maximize the safety and mobility of
people and goods.
968
‘‘(D) Capital investment and other strate-
gies to preserve the existing and projected fu-
ture metropolitan transportation infrastructure
and provide for multimodal capacity increases
based on regional priorities and needs.
‘‘(E) Proposed transportation and transit
enhancement activities.
‘‘(3) COORDINATION
WITH
CLEAN
AIR
ACT
AGENCIES.—In metropolitan areas which are in non-
attainment for ozone or carbon monoxide under the
Clean Air Act, the metropolitan planning organiza-
tion shall coordinate the development of a transpor-
tation plan with the process for development of the
transportation control measures of the State imple-
mentation plan required by the Clean Air Act.
‘‘(4) PARTICIPATION
BY
INTERESTED
PAR-
TIES.—Before approving a transportation plan, each
metropolitan planning organization shall provide citi-
zens, affected public agencies, representatives of
public transportation employees, freight shippers,
providers of freight transportation services, private
providers of transportation, representatives of users
of public transportation, representatives of users of
pedestrian walkways and bicycle transportation fa-
cilities, representatives of the disabled, and other in-
969
terested parties with a reasonable opportunity to
comment on the transportation plan, in a manner
that the Secretary deems appropriate.
‘‘(5) PUBLICATION.—A transportation plan in-
volving Federal participation shall be published or
otherwise made readily available by the metropolitan
planning organization for public review and sub-
mitted for information purposes to the Governor at
such times and in such manner as the Secretary
shall establish.
‘‘(6) SELECTION
OF
PROJECTS
FROM
ILLUS-
TRATIVE LIST.—Notwithstanding paragraph (2)(B),
a State or metropolitan planning organization shall
not be required to select any project from the illus-
trative list of additional projects included in the fi-
nancial plan under paragraph (2)(B).
‘‘(h) METROPOLITAN TIP.—
‘‘(1) DEVELOPMENT.—
‘‘(A) IN
GENERAL.—In cooperation with
the State and any affected public transportation
operator, the metropolitan planning organiza-
tion designated for a metropolitan area shall
develop a TIP for the area for which the orga-
nization is designated.
970
‘‘(B) OPPORTUNITY
FOR
COMMENT.—In
developing the TIP, the metropolitan planning
organization, in cooperation with the State and
any affected public transportation operator,
shall provide citizens, affected public agencies,
representatives of public transportation employ-
ees, freight shippers, providers of freight trans-
portation services, private providers of transpor-
tation, representatives of users of public trans-
portation, representatives of the disabled, rep-
resentatives of users of pedestrian walkways
and bicycle facilities, and other interested par-
ties with a reasonable opportunity to comment
on the proposed TIP.
‘‘(C) FUNDING ESTIMATES.—For the pur-
pose of developing the TIP, the metropolitan
planning organization, public transportation
agency, and State shall cooperatively develop
estimates of funds that are reasonably expected
to be available to support program implementa-
tion.
‘‘(D) UPDATING
AND
APPROVAL.—The
TIP shall be updated at least once every 4
years and shall be approved by the metropolitan
planning organization and the Governor.
971
‘‘(2) CONTENTS.—
‘‘(A) PRIORITY LIST.—The TIP shall in-
clude a priority list of proposed federally sup-
ported projects and strategies to be carried out
within each 4-year period after the initial adop-
tion of the TIP.
‘‘(B) FINANCIAL PLAN.—The TIP shall in-
clude a financial plan that—
‘‘(i) demonstrates how the TIP can be
implemented;
‘‘(ii) indicates resources from public
and private sources that are reasonably ex-
pected to be available to carry out the pro-
gram;
‘‘(iii) identifies innovative financing
techniques to finance projects, programs,
and strategies; and
‘‘(iv) may include, for illustrative pur-
poses, additional projects that would be in-
cluded in the approved TIP if reasonable
additional resources beyond those identi-
fied in the financial plan were available.
‘‘(C) DESCRIPTIONS.—Each project in the
TIP shall include sufficient descriptive material
(such as type of work, termini, length, and
972
other similar factors) to identify the project or
phase of the project.
‘‘(D) CONGESTION RELIEF ACTIVITIES.—
The TIP shall include a listing of congestion re-
lief activities to be carried out to meet the re-
quirements of section 139 of title 23, cat-
egorized as either under one or under three
congestion relief activities.
‘‘(3) INCLUDED PROJECTS.—
‘‘(A) PROJECTS
UNDER
TITLE
AND
CHAPTER 53.—A TIP developed under this sub-
section for a metropolitan area shall include the
projects within the area that are proposed for
funding under chapter 1 of title 23 and chapter
53.
‘‘(B) PROJECTS
UNDER
CHAPTER
OF
TITLE
23.—All projects proposed for funding
under chapter 2 of title 23 shall be identified
individually in the TIP.
‘‘(C) CONSISTENCY
WITH
LONG-RANGE
TRANSPORTATION PLAN.—Each project shall be
consistent with the long-range transportation
plan developed under subsection (g) for the
area.