626
‘‘motor vehicle’’ and inserting ‘‘commercial motor vehicle 
(as defined in section 31132)’’. 
(b) FREIGHT FORWARDERS.—Section 13903(a) of title 
49, United States Code, is amended—
(1) by striking ‘‘The Secretary’’ and inserting 
the following: 
‘‘(1) HOUSEHOLD GOODS.—The Secretary’’; 
(2) by inserting ‘‘of household goods’’ after 
‘‘freight forwarder’’; and 
(3) by adding at the end the following: 
‘‘(2) OTHERS.—The Secretary may register a 
person to provide service subject to jurisdiction under 
subchapter III of chapter 135 as a freight forwarder 
(other than a freight forwarder of household goods) if 
the Secretary finds that such registration is needed 
for the protection of shippers and that the person is 
fit, willing, and able to provide the service and to 
comply with this part and applicable regulations of 
the Secretary and Board.’’. 
SEC. 4119. DEPOSIT OF CERTAIN CIVIL PENALTIES INTO 
HIGHWAY TRUST FUND. 
Sections 31138(d)(5) and 31139(f)(5) of title 49, 
United States Code, are each amended by striking ‘‘Treas-
ury as miscellaneous receipts’’ and inserting ‘‘Highway 
Trust Fund (other than the Mass Transit Account)’’.
627
SEC. 4120. OUTREACH AND EDUCATION. 
(a) IN
GENERAL.—The Secretary shall conduct, 
through any combination of grants, contracts, or coopera-
tive agreements, an outreach and education program to be 
administered by the Federal Motor Carrier Safety Adminis-
tration and the National Highway Traffic Safety Adminis-
tration. 
(b) PROGRAM ELEMENTS.—The program shall include, 
at a minimum, the following: 
(1) A program to promote a more comprehensive 
and national effort to educate commercial motor vehi-
cle drivers and passenger vehicle drivers about how 
commercial motor vehicle drivers and passenger vehi-
cle drivers can more safely share the road with each 
other. 
(2) A program to promote enhanced traffic en-
forcement efforts aimed at reducing the incidence of 
the most common unsafe driving behaviors that cause 
or contribute to crashes involving commercial motor 
vehicles and passenger vehicles. 
(3) A program to establish a public-private part-
nership to provide resources and expertise for the de-
velopment and dissemination of information relating 
to sharing the road referred to in paragraphs (1) and 
(2) to each partner’s constituents and to the general
628
public through the use of brochures, videos, paid and 
public advertisements, the Internet, and other media. 
(c) FEDERAL SHARE.—The Federal share of a pro-
gram or activity for which a grant is made under this sec-
tion shall be 100 percent of the cost of such program or 
activity. 
(d) ANNUAL REPORT.—The Secretary shall prepare 
and transmit to Congress an annual report on the programs 
and activities carried out under this section. 
(e) FUNDING.—From amounts made available under 
section 31104(i) of title 49, United States Code, the Sec-
retary shall make available $1,000,000 to the Federal Motor 
Carrier Safety Administration, and $3,000,000 to the Na-
tional Highway Traffic Safety Administration, for each of 
fiscal years 2004, 2005, 2006, 2007, 2008, and 2009 to 
carry out this section. 
SEC. 4121. INSULIN TREATED DIABETES MELLITUS. 
(a) NO PERIOD
OF COMMERCIAL DRIVING WHILE 
USING INSULIN REQUIRED FOR QUALIFICATION.—The Sec-
retary may not require individuals with insulin-treated di-
abetes mellitus to have experience operating commercial 
motor vehicles while using insulin in order to qualify to 
operate a commercial motor vehicle in interstate commerce. 
(b) MINIMUM PERIOD OF INSULIN USE.—Subject to 
subsection (a), the Secretary shall require individuals with
629
insulin-treated diabetes mellitus to have a minimum period 
of insulin use to demonstrate stable control of diabetes before 
operating a commercial motor vehicle in interstate com-
merce. For individuals who have been newly diagnosed with 
type 1 diabetes, the minimum period of insulin use may 
not exceed 2 months, unless directed by the treating physi-
cian. For individuals who have type 2 diabetes and are con-
verting to insulin use, the minimum period of insulin use 
may not exceed 1 month, unless directed by the treating 
physician. 
(c) LIMITATIONS.—Insulin-treated individuals may 
not be held by the Secretary to a higher standard of physical 
qualification in order to operate a commercial motor vehicle 
in interstate commerce than other individuals applying to 
operate, or operating, a commercial motor vehicle in inter-
state commerce; except to the extent that limited operating, 
monitoring, and medical requirements are deemed medi-
cally necessary under regulations issued by the Secretary. 
SEC. 4122. GRANT PROGRAM FOR COMMERCIAL MOTOR VE-
HICLE OPERATORS. 
(a) ESTABLISHMENT.—The Secretary shall establish a 
grant program for training operators of commercial motor 
vehicles (as defined in section 31301 of title 49, United 
States Code). The purpose of the program shall be to train
630
operators and future operators in the safe use of such vehi-
cle. 
(b) FEDERAL SHARE.—The Federal share of the cost 
for which a grant is made under this section shall be 80 
percent. 
(c) FUNDING.—From amounts made available under 
section 31104(i) of title 49, United States Code, the Sec-
retary shall make available $1,000,000 for each of fiscal 
years 2004, 2005, 2006, 2007, 2008, and 2009 to carry out 
this section. 
SEC. 4123. COMMERCIAL MOTOR VEHICLE SAFETY ADVI-
SORY COMMITTEE. 
(a) ESTABLISHMENT.—The Secretary shall establish a 
commercial motor vehicle safety advisory committee to pro-
vide advice and recommendations to the Secretary on com-
mercial motor vehicle safety regulations and other matters 
relating to activities and functions of the Federal Motor 
Carrier Safety Administration. 
(b) COMPOSITION.—The members of the advisory com-
mittee shall be appointed by the Secretary and shall include 
representatives of the motor carrier industry, drivers, safety 
advocates, manufacturers, safety enforcement officials, law 
enforcement agencies of border States, and other individuals 
affected by rulemakings under consideration by the Depart-
ment of Transportation. Representatives of a single interest
631
group may not constitute a majority of the members of the 
advisory committee. 
(c) TERMINATION DATE.—The advisory committee 
shall remain in effect until September 30, 2009. 
SEC. 4124. SAFETY DATA IMPROVEMENT PROGRAM. 
(a) IN GENERAL.—The Secretary shall make grants to 
States for projects and activities to improve the accuracy, 
timeliness, and completeness of commercial motor vehicle 
safety data reported to the Secretary. 
(b) ELIGIBILITY.—A State shall be eligible for a grant 
under this section in a fiscal year if the Secretary deter-
mines that the State has—
(1) conducted a comprehensive audit of its com-
mercial motor vehicle safety data system within the 
preceding 2 years; 
(2) developed a plan that identifies and 
prioritizes its commercial motor vehicle safety data 
needs and goals; and 
(3) identified performance-based measures to de-
termine progress toward those goals. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated from the Highway Trust 
Fund (other than the Mass Transit Account) to carry out 
this section $3,000,000 for each of fiscal years 2005 through 
2009.
632
(d) APPLICABILITY
OF TITLE 23, UNITED STATES 
CODE.—Funds authorized to be appropriated by this sec-
tion 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 80 percent and such funds shall remain available 
until expended. 
(e) BIENNIAL REPORT.—Not later 2 years after the 
date of enactment of this Act, and biennially thereafter, the 
Secretary shall transmit to Congress a report on the activi-
ties and results of the program carried out under this sec-
tion, together with any recommendations the Secretary de-
termines appropriate. 
SEC. 4125. COMMERCIAL DRIVER’S LICENSE INFORMATION 
SYSTEM MODERNIZATION. 
(a) GENERAL AUTHORITY.—The Secretary may make 
a grant to a State or organization representing agencies 
and officials of a State in a fiscal year to modernize its 
commercial driver’s license information system in accord-
ance with subsection (c) if the State is in substantial com-
pliance with the requirements of section 31311 of title 49, 
United States Code, and this section, as determined by the 
Secretary. The Secretary shall establish criteria for the dis-
633
tribution of grants and notify each State annually of such 
criteria. 
(b) MODERNIZATION PLAN.—No later than 120 days 
after the date of enactment of this Act, the Secretary shall 
publish a comprehensive national plan to modernize the 
commercial driver’s license information system. The plan 
shall be developed in consultation with representatives of 
the motor carrier industry, State safety enforcement agen-
cies, and State licensing agencies designated by the Sec-
retary. 
(c) USE OF GRANT.—A State may use a grant under 
this section only to implement improvements that are con-
sistent with the modernization plan developed by the Sec-
retary. 
(d) PILOT PROGRAM.—
(1) IN GENERAL.—The Secretary may conduct 
with grants under this section a 3-year pilot program 
in no more than 3 States to evaluate a system for 
sharing driver’s license information on all commer-
cial and noncommercial driver’s licenses issued in 
each participating State. 
(2) FUNDING.—The Secretary may use no more 
than 50 percent of the funds available to carry out 
this section for the pilot program in any fiscal year.
634
(3) REPORT.—Not later than 1 year after the 
last day of the pilot program, the Secretary shall 
transmit to Congress a report on the results of the 
pilot program. 
(e) GOVERNMENT SHARE.—A grant under this section 
to a State or organization may not be for more than 80 
percent of the costs incurred by the State or organization 
in a fiscal year in implementing the modernization pro-
gram developed by the Secretary. In determining these costs, 
the Secretary shall include in-kind contributions of the 
State. 
(f) FUNDING.—There are authorized to be appro-
priated from the Highway Trust Fund (other than the Mass 
Transit Account) to carry out this section—
(1) $6,000,000 for fiscal year 2005; 
(2) $6,000,000 for fiscal year 2006; 
(3) $6,000,000 for fiscal year 2007; 
(4) $6,000,000 for fiscal year 2008; and 
(5) $6,000,000 for fiscal year 2009. 
(g) CONTRACT AUTHORITY AND AVAILABILITY.—
(1) PERIOD
OF
AVAILABILITY.—The amounts 
made available under subsection (f) shall remain 
available until expended. 
(2) INITIAL DATE OF AVAILABILITY.—Amounts 
authorized to be appropriated from the Highway
635
Trust Fund (other than the Mass Transit Account) by 
subsection (f) shall be available for obligation on the 
date of their apportionment or allocation or on Octo-
ber 1 of the fiscal year for which they are authorized, 
whichever occurs first. 
(3) CONTRACT
AUTHORITY.—Approval by the 
Secretary of a grant with funds made available under 
subsection (f) imposes upon the United States a con-
tractual obligation for payment of the Government’s 
share of costs incurred in carrying out the objectives 
of the grant. 
SEC. 4126. MAXIMUM HOURS OF SERVICE FOR OPERATORS 
OF GROUND WATER WELL DRILLING RIGS. 
Section 345(a)(2) of the National Highway System 
Designation Act of 1995 (49 U.S.C. 31136 note; 109 Stat 
613) is amended by adding at the end the following: ‘‘Ex-
cept as required in section 395.3 of title 49, Code of Federal 
Regulations, as in effect on the date of enactment of this 
sentence, no additional off-duty time shall be required in 
order to operate such vehicle.’’. 
SEC. 4127. SAFETY PERFORMANCE HISTORY SCREENING. 
(a) IN GENERAL.—The Secretary shall provide persons 
conducting preemployment screening services for the motor 
carrier industry electronic access to the following reports
636
contained in the Motor Carrier Management Information 
System: 
(1) Commercial motor vehicle accident reports. 
(2) Inspection reports that contain no driver-re-
lated safety violations. 
(3) Serious driver-related safety violation inspec-
tion reports. 
(b) CONDITIONS ON PROVIDING ACCESS.—Before pro-
viding a person access to the Motor Carrier Management 
Information System under subsection (a), the Secretary 
shall—
(1) ensure that any information that is released 
to such person will be in accordance with the Fair 
Credit Reporting Act (15 U.S.C. 1681 et seq.) and all 
other applicable Federal law; 
(2) ensure that such person will not conduct a 
screening without the operator-applicant’s written 
consent; 
(3) ensure that any information that is released 
to such person will not be released to any person or 
entity, other than the motor carrier requesting the 
screening services or the operator-applicant, unless ex-
pressly authorized or required by law; and
637
(4) provide a procedure for the operator-appli-
cant to correct inaccurate information in the System 
in a timely manner. 
(c) DESIGN.—The process for providing access to the 
Motor Carrier Management Information System under sub-
section (a) shall be designed to assist the motor carrier in-
dustry in assessing an individual operator’s crash and seri-
ous safety violation inspection history as a preemployment 
condition. Use of the process shall not be mandatory and 
may only be used during the preemployment assessment of 
an operator-applicant. 
(d) SERIOUS OPERATOR-RELATED SAFETY VIOLATION 
DEFINED.—In this section, the term ‘‘serious operator-re-
lated violation’’ means a violation by an operator of a com-
mercial motor vehicle (as defined in section 31102 of title 
49, United States Code) that the Secretary determines will 
result in the operator being prohibited from continuing to 
operate a commercial motor vehicle until the violation is 
corrected. 
SEC. 4128. INTERMODAL CHASSIS ROADABILITY RULE-MAK-
ING. 
(a) IN GENERAL.—Not later than 1 year after the date 
of enactment of this Act, the Secretary, after providing no-
tice and opportunity for comment, shall issue regulations
639
that fail to attain satisfactory compliance with 
applicable Federal motor carrier safety regula-
tions; and 
(B) prohibits intermodal equipment pro-
viders from placing intermodal equipment on the 
public highways if such providers are found to 
pose an imminent hazard; 
(6) a process by which motor carriers and agents 
of motor carriers may petition the Federal Motor 
Carrier Safety Administration to undertake an inves-
tigation of a noncompliant intermodal equipment 
provider; and 
(7) an inspection and audit program of inter-
modal equipment providers. 
(d) DEADLINE FOR RULEMAKING PROCEEDING.—The 
regulations under this section shall be issued pursuant to 
a rulemaking proceeding initiated not later than 90 days 
after the date of enactment of this Act. 
(e) DEFINITIONS.—In this section, the following defini-
tions apply: 
(1) INTERMODAL EQUIPMENT.—The term ‘‘inter-
modal equipment’’ means equipment that is com-
monly used in the intermodal transportation of 
freight over public highways in interstate commerce 
(as defined in section 31132 of title 49, United States
640
Code), including trailers, chassis, and any associated 
devices. 
(2) INTERMODAL
EQUIPMENT
PROVIDER.—The 
term ‘‘intermodal equipment provider’’ means any 
person with any legal right, title, or interest in inter-
modal equipment that interchanges such equipment to 
a motor carrier. 
(3) INTERCHANGE.—The term ‘‘interchange’’ 
means the act of providing intermodal equipment to 
a motor carrier for the purpose of transporting the 
equipment for loading or unloading by any person or 
repositioning the equipment for the benefit of the 
equipment provider. Such term does not include the 
leasing of equipment to a motor carrier for use in the 
motor carrier’s over-the-road freight hauling oper-
ations. 
SEC. 4129. SUBSTANCE ABUSE PROFESSIONALS. 
The Secretary shall conduct a rulemaking to permit 
State licensed or certified mental health counselors or addic-
tion specialists certified by the American Academy of 
Health Care Providers in the Addictive Disorders to act as 
substance abuse professionals under subpart O of part 40 
of title 49, Code of Federal Regulations.
641
SEC. 4130. INTERSTATE VAN OPERATIONS. 
The Federal motor carrier safety regulations (other 
than regulations relating to commercial drivers license and 
drug and alcohol testing requirements) shall apply to all 
interstate operations of commercial motor vehicles used to 
transport between 9 and 15 passengers (including the driv-
er), regardless of the distance traveled. 
SEC. 4131. HOURS OF SERVICE FOR OPERATORS OF UTILITY 
SERVICE VEHICLES. 
Section 345 of the National Highway System Designa-
tion 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 en-
force any law, rule, regulation, or standard that 
imposes requirements on a driver of a utility
642
service vehicle that are similar to the require-
ments contained in such regulations.’’. 
(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 strik-
ing ‘‘paragraph (2)’’ and inserting ‘‘an exemption 
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
643
(2) in paragraph (3) by striking ‘‘Regional Di-
rector’’ and inserting ‘‘Field Administrator’’. 
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 14501(c)(2)(B) 
of title 49, United States Code, is amended by inserting 
‘‘intrastate’’ before ‘‘transportation’’. 
(b) ENFORCEMENT OF CONSUMER PROTECTION WITH 
RESPECT
TO
INTERSTATE
HOUSEHOLD
GOODS
CAR-
RIERS.—Chapter 145 of such title is amended by adding 
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 de-
livery of the shipper’s household goods; or 
‘‘(2) to impose a civil penalty under section 
14915 whenever the attorney general of the State has
644
reason to believe that the interests of the residents of 
the State have been or are being threatened or ad-
versely affected by—
‘‘(A) a carrier or broker providing transpor-
tation of household goods subject to jurisdiction 
under subchapter I or III of chapter 135 who is 
committing repeat violations of section 14915; or 
‘‘(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 general 
by the laws of such State to conduct investigations or 
to administer oaths or affirmations or to compel the 
attendance of witnesses or the production of documen-
tary 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 provi-
645
sion of the State relating to interstate transportation 
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 
to enforce a regulation or order of the Secretary or 
Board. 
‘‘(c) ACTIONS BY THE SECRETARY OR BOARD.—When-
ever 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, institute 
a civil action under subsection (a) against any defendant 
named in the complaint relating to such violation. 
‘‘(d) VENUE; SERVICE OF PROCESS.—Any civil action 
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 transacts busi-
ness 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 following:
‘‘14506. Enforcement of Federal regulations by State attorneys general.’’.
646
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-
portation and services related to the transportation of 
household goods’’. 
(b) THRESHOLD FOR BINDING ARBITRATION.—Section 
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 set-
647
tlement program was available to resolve the dis-
pute;’’. 
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 house-
hold goods subject to jurisdiction under subchapter I 
of chapter 135 makes an estimate of the cost of trans-
porting any such goods before entering into an agree-
ment with a carrier to provide transportation of 
household goods subject to such jurisdiction, the broker 
is liable to the United States for a civil penalty of not 
less than $10,000 for each violation. 
‘‘(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
648
provide such transportation or services as a motor 
carrier or broker, as the case may be, such person is 
liable to the United States for a civil penalty of not 
less than $25,000 for each violation.’’. 
SEC. 4204. PENALTIES FOR HOLDING HOUSEHOLD GOODS 
HOSTAGE. 
(a) IN GENERAL.—Chapter 149 of title 49, United 
States Code, is amended by adding at the end the following: 
‘‘§ 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 re-
fusal 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 Secretary 
may suspend for a period of not less than 6 months the 
registration of such carrier or broker under chapter 139. 
‘‘(c) CRIMINAL PENALTY.—A motor carrier that has 
been convicted of knowingly and willfully holding household
649
goods hostage by falsifying documents or demanding the 
payment of charges for services that were not performed 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.’’. 
(b) CONFORMING AMENDMENT.—The analysis for such 
chapter is amended by adding at the end the following:
‘‘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 consumer 
protection administrators, and Federal and local law en-
forcement officials for the purpose of developing practices 
and procedures to enhance the Federal-State partnership in 
enforcement efforts, exchange of information, and coordina-
tion of enforcement efforts with respect to interstate trans-
portation 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.
650
(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). 
(d) TERMINATION DATE.—The working group shall re-
main 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 Fed-
eral Motor Carrier Safety Administration entitled ‘‘Your 
Rights and Responsibilities When You Move’’, is promi-
nently 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 Regulations, 
to require a broker that is subject to such regulations 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.
651
(2) The ESA 03005 publication referred to in 
section 4206 of this Act. 
(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 con-
sumer complaints relating to motor carriers pro-
viding transportation of household goods and for com-
piling complaint information gathered by the Depart-
ment of Transportation and the States with regard to 
such carriers, a database of the complaints, and a 
procedure for the public to have access to aggregated 
information and for carriers to challenge 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;
652
(B) the number and general category of 
complaints lodged by consumers with the carrier; 
(C) the number of claims filed with the car-
rier for loss and damage in excess of $500; 
(D) the number of such claims resolved dur-
ing 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 re-
view of the current Federal regulations regarding insurance 
coverage provided by motor carriers providing transpor-
tation of household goods and revise such regulations 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—
653
(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 regu-
lations 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 juris-
diction under subchapter I of chapter 135 shall 
conduct a physical survey of the household goods 
to be transported on behalf of a prospective indi-
vidual shipper and shall provide the shipper 
with a written estimate of charges for the trans-
portation 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
654
agreement must be retained as an addendum to 
the bill of lading and shall be subject to the same 
record inspection and preservation requirements 
of the Secretary as are applicable to bills of lad-
ing. 
‘‘(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 writing 
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 es-
timate under this paragraph must indicate 
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.’’.
655
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 im-
pact on shippers and carriers of houshold goods involved 
in interstate transportation of allowing State attorneys 
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 min-
imum—
(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 Trans-
portation; 
(2) the history and background of State enforce-
ment of State consumer protection laws on household 
goods carriers providing intrastate transportation 
and what effects such laws have on the ability of 
intrastate household goods carriers to operate;
656
(3) what operational impacts, if any, would re-
sult on household goods carriers engaged in interstate 
commerce being subject to the State consumer protec-
tion laws; and 
(4) the potential for States to regulate rates or 
other business operations if State consumer protection 
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 Infra-
structure of the House of Representatives and the Committee 
on Commerce, Science and Transportation of the Senate a 
report on the results of the study. 
TITLE V—TRANSPORTATION 
RESEARCH AND EDUCATION 
Subtitle A—Funding 
SEC. 5101. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—The following sums are authorized 
to be appropriated out of the Highway Trust Fund (other 
than the Mass Transit Account):
657
(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 
(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 STATISTICS.—
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 RESEARCH.—
To carry out sections 5505 and 5506 of title 49, 
United States Code, $54,500,000 for fiscal year 2004
658
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 year 2004. 
(b) APPLICABILITY
OF TITLE 23, UNITED STATES 
CODE.—Funds authorized to be appropriated by subsection 
(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 transfer-
able. 
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-
659
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 fiscal 
year 2008, and $487,000,000 for fiscal year 2009. 
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 in-
serting the following: 
‘‘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.—
660
‘‘(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 inno-
vative 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; 
‘‘(B) supports research in which there is a 
clear public benefit and private sector investment 
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 al-
ternatives. 
‘‘(3) ROLE.—Consistent with these Federal re-
sponsibilities, the Secretary shall—
‘‘(A) conduct research;
661
‘‘(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; 
‘‘(B) research aimed at significant highway 
research gaps and emerging issues with national 
implications; and 
‘‘(C) research related to policy and plan-
ning. 
‘‘(5) STAKEHOLDER INPUT.—Federally sponsored 
surface transportation research and technology devel-
opment activities shall address the needs of partners 
and stakeholders, and provide for stakeholder input in 
preparation of a strategic plan for surface transpor-
tation research and technology development. 
‘‘(6) COMPETITION.—To the greatest extent pos-
sible, investment decisions for surface transportation 
research and technology development activities shall
662
be based on the well established principles of competi-
tion and merit review. 
‘‘(7) PERFORMANCE REVIEW.—Surface transpor-
tation research and technology development activities 
shall include a component of performance measure-
ment.’’. 
(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 CONTRACTS.—
The Secretary may carry out research, development, 
and technology transfer activities related to transpor-
tation—
‘‘(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 American 
Association of State Highway and Transpor-
tation Officials, any Federal laboratory, Federal 
agency, State agency, authority, association, in-
663
stitution, for-profit or nonprofit corporation, or-
ganization, foreign country, any other person.’’. 
(d) TRANSPORTATION POOLED FUND PROGRAM.—Sec-
tion 502(b) of such title (as redesignated by subsection (b) 
of this section), is amended by adding at the end the fol-
lowing: 
‘‘(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 Secretary 
may enter into contracts, cooperative agreements, 
grants, and other transactions as agent for all 
participating parties in carrying out such re-
search, 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 ‘‘transpor-
tation system management and operations,’’ after 
‘‘operation,’’.
664
(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 fol-
lowing: 
‘‘(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 mate-
rial transport, including the evaluation of regulations 
and the impact of good security practices on com-
merce 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,
665
cooperative research and development agreements (as 
defined in section 12 of the Stevenson-Wydler Tech-
nology Innovation Act of 1980 (15 U.S.C. 3710a)), 
and other transactions to fund, and accept funds 
from, the Transportation Research Board of the Na-
tional Research Council of the National Academy of 
Sciences, State departments of transportation, cities, 
counties, and their agents to conduct joint transpor-
tation research and technology efforts.’’. 
(g) EXPLORATORY ADVANCED RESEARCH PROGRAM.—
Section 502(e) of such title (as redesignated by subsection 
(b) of this section) is amended to read as follows: 
‘‘(e) EXPLORATORY ADVANCED RESEARCH.—
‘‘(1) IN GENERAL.—The Secretary shall establish 
an exploratory advanced research program, consistent 
with the surface transportation research and tech-
nology development strategic plan developed under 
section 508 that involves and draws upon basic re-
search results to provide a better understanding of 
problems and develop innovative solutions. In car-
rying out the program, the Secretary shall strive to 
develop partnerships with public and private sector 
entities. 
‘‘(2) RESEARCH
AREAS.—In carrying out the 
program, the Secretary may make grants and enter
666
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 de-
terioration 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 system 
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.—
(1) IN GENERAL.—Section 502(f) of such title (as 
redesignated by subsection (b) of this section) is 
amended to read as follows:
667
‘‘(f) LONG-TERM
PAVEMENT
PERFORMANCE
PRO-
GRAM.—
‘‘(1) AUTHORITY.—The Secretary shall complete 
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 agreements 
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 ob-
jectives 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 fis-
cal year 2004 and $21,000,000 for each of fiscal years 
2004 through 2009 shall be available to carry out sec-
tion 502(f) of title 23, United States Code.
668
(i) TURNER-FAIRBANK HIGHWAY RESEARCH CEN-
TER.—Section 502 of title 23, United States Code, is further 
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 develop-
ment of economical and environmentally sen-
sitive designs, efficient and quality-controlled 
construction practices, and durable materials; 
and 
‘‘(C) the development of innovative highway 
products and practices.’’. 
(j) UNIVERSITY FUNDING.—Except as otherwise pro-
vided in this title and any amendments made by this title, 
the Secretary may not provide financial assistance to a 
university under section 5101 unless the university is se-
669
lected to receive such funds through a competitive process 
that incorporates merit-based peer review and the selection 
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 PROGRAM.—
(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 PROGRAM.—
‘‘(1) AUTHORITY.—The Secretary shall establish 
a 20-year long-term bridge performance program. 
‘‘(2) GRANTS, COOPERATIVE AGREEMENTS, AND 
CONTRACTS.—Under the program, the Secretary shall 
make grants and enter into cooperative agreements 
and contracts to—
‘‘(A) monitor, material-test, and evaluate 
test bridges; 
‘‘(B) analyze the data obtained under sub-
paragraph (A); and
670
‘‘(C) prepare products to fulfill program ob-
jectives 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 sec-
tion 502(j) of title 23, United States Code. 
(b) INNOVATIVE BRIDGE RESEARCH AND DEPLOYMENT 
PROGRAM.—
(1) IN GENERAL.—Section 503(b)(1) of such title 
is amended to read as follows: 
‘‘(1) IN GENERAL.—The Secretary shall establish 
and carry out a program to promote, demonstrate, 
evaluate, and document the application of innovative 
designs, materials, and construction methods in the 
construction, repair, and rehabilitation of bridges and 
other highway structures.’’. 
(2) GOALS.—Section 503(b)(2) of such title is 
amended to read as follows: 
‘‘(2) GOALS.—The goals of the program shall in-
clude—
‘‘(A) the development of new, cost-effective, 
innovative highway bridge applications;
671
‘‘(B) the development of construction tech-
niques to increase safety and reduce construction 
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 rehabilitation 
of deficient bridges; 
‘‘(E) the development of highway bridges 
and structures that will withstand natural disas-
ters; 
‘‘(F) the documentation and wide dissemi-
nation of objective evaluations of the performance 
and benefits of these innovative designs, mate-
rials, and construction methods; 
‘‘(G) the effective transfer of resulting infor-
mation and technology; and 
‘‘(H) the development of improved methods 
to detect bridge scour and economical bridge 
foundation designs that will withstand bridge 
scour.’’. 
(3) FUNDING.—
672
(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 subparagraph (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: 
‘‘§ 507. Surface transportation environment and plan-
ning cooperative research program 
‘‘(a) ESTABLISHMENT.—The Secretary shall establish 
and carry out a collaborative, public-private surface trans-
portation environment and planning cooperative research 
program. 
‘‘(b) AGREEMENT.—The Secretary shall enter into an 
agreement with the National Academy of Sciences to carry
673
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 environmental 
agencies and other environmental organizations; 
‘‘(C) representatives of the transportation 
private sector; 
‘‘(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
674
American Public Transportation Association, 
who shall serve in an ex officio capacity. 
‘‘(3) BALANCE.—The majority of the committee’s 
voting members shall be representatives of government 
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 develop, recommend, and periodically up-
date a national research agenda for the program. 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 con-
675
tracts 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 research 
results. 
‘‘(B) PROGRAMMATIC
EVALUATIONS.—The 
National Academy of Sciences may conduct peri-
odic programmatic evaluations on a regular 
basis. 
‘‘(5) DISSEMINATION OF RESEARCH FINDINGS.—
The National Academy of Sciences shall disseminate 
research findings to researchers, practitioners, and de-
cisionmakers, through conferences and seminars, field 
demonstrations, workshops, training programs, pres-
entations, testimony to government 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 re-
search in the following areas for the purposes described: 
‘‘(1) HUMAN HEALTH.—Human health to estab-
lish the links between transportation activities and 
human health; substantiate the linkages between expo-
sure to concentration levels, emissions, and health im-
pacts; examine the potential health impacts from the
676
implementation and operation of transportation in-
frastructure and services; develop strategies for avoid-
ance and reduction of these impacts; and develop 
strategies to understand the economic value of health 
improvements and for incorporating health consider-
ations into valuation methods. 
‘‘(2) ECOLOGY AND NATURAL SYSTEMS.—Ecology 
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 sys-
tems; study the relationship between highway density 
and ecosystem integrity, including the impacts of 
highway density on habitat integrity and overall eco-
system health; develop a rapid assessment method-
ology for use by transportation and regulatory agen-
cies in determining the relationship between highway 
density and ecosystem integrity; and develop eco-
logically based performance techniques to evaluate the 
success of highway project mitigation and enhance-
ment measures. 
‘‘(3) ENVIRONMENTAL AND SOCIOECONOMIC RE-
LATIONSHIPS.—Environmental and socioeconomic re-
lationships to understand differences in mobility, ac-
677
cess, travel behavior, and travel preferences across so-
cioeconomic groups; develop improved planning ap-
proaches that better reflect and respond to community 
needs; improve evaluation methods for examining the 
incidence of benefits and costs; examine the differen-
tial impacts of current methods of finance and explore 
alternatives; understand the socioeconomic implica-
tions of emerging land development patterns and new 
transportation technologies; develop cost-effective ap-
plications of technology that improve the equity of the 
transport system; and develop improved methods for 
community involvement, collaborative planning, and 
conflict resolution. 
‘‘(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 new 
technologies that could offer improved environmental 
performance; identify possible applications of intel-
ligent transportation systems technologies for environ-
mental benefit; develop policy instruments that would 
encourage the development of beneficial new tech-
nologies in a cost-effective manner; and respond to the 
impact of new technologies.
678
‘‘(5) LAND USE.—Land use to assess land con-
sumption trends and contributing factors of transpor-
tation investment, housing policies, school quality, 
and consumer preferences; incorporate impacts of 
transportation investments on location decision and 
land use; identify the costs and benefits of current de-
velopment patterns and their transportation implica-
tions; determine the effect of the built environment on 
people’s willingness to walk, drive, or take public 
transportation; determine the roles of public policy 
and institutional arrangements in current and pro-
spective land use and transportation choices; and de-
velop improved data, methods, and processes for con-
sidering land use, transportation, and the environ-
ment in an integrated, systematic fashion. 
‘‘(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 meas-
679
uring and forecasting complex transportation deci-
sions for all modes and users; and develop perform-
ance measures and policy analysis approaches that 
can be used to determine effectiveness. 
‘‘(7) OTHER RESEARCH AREAS.—Other research 
areas to identify and address the emerging and future 
surface transportation research needs related to plan-
ning and environment. 
‘‘(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 remain 
available until expended. 
‘‘(2) 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 from public and private entities 
capable of attracting and accepting funding from the 
Department of Transportation, Environmental Pro-
tection Agency, Department of Energy, United States 
Fish and Wildlife Service, and other Federal environ-
mental agencies, States, local governments, nonprofit 
foundations, and the private sector.’’.
680
(b) CONFORMING
AMENDMENT.—The analysis for 
chapter 5 of such title is amended by striking the item relat-
ing to section 507 and inserting the following:
‘‘507. Surface transportation environment and planning cooperative research pro-
gram.’’.
(c) FUNDING.—Of the amounts made available by sec-
tion 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 de-
velop 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 into
681
cooperative agreements and contracts with, 
States, other Federal agencies, universities and 
colleges, private sector entities, and nonprofit or-
ganizations to pay the Federal share of the cost 
of research, development, and technology transfer 
activities concerning innovative materials. 
‘‘(B) APPLICATIONS.—To receive a grant 
under this subsection, an entity described in sub-
paragraph (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 para-
graph (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 conducted 
under paragraph (7) is made available to State and 
local transportation departments and other interested 
parties as specified by the Secretary.’’.
682
(b) INNOVATIVE PAVEMENT RESEARCH AND DEPLOY-
MENT PROGRAM.—
(1) IN GENERAL.—Section 503 of such title is 
further amended by adding at the end the following: 
‘‘(c) INNOVATIVE PAVEMENT RESEARCH AND DEPLOY-
MENT PROGRAM.—
‘‘(1) IN GENERAL.—The Secretary shall establish 
and implement a program to promote, demonstrate, 
support, and document the application of innovative 
pavement technologies, practices, performance, and 
benefits. 
‘‘(2) GOALS.—The goals of the innovative pave-
ment research and deployment program shall in-
clude—
‘‘(A) the deployment of new, cost-effective, 
innovative designs, materials, and practices to 
extend pavement life and performance 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; 
‘‘(C) the deployment of accelerated construc-
tion techniques to increase safety and reduce con-
683
struction time and traffic disruption and conges-
tion; 
‘‘(D) the deployment of engineering design 
criteria and specifications for innovative prac-
tices, products, and materials for use in highway 
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 in-
novative technologies deployed to improve life, 
performance, cost effectiveness, safety, and cus-
tomer satisfaction; 
‘‘(G) effective technology transfer and infor-
mation dissemination to accelerate implementa-
tion of innovative technologies and to improve 
life, performance, cost effectiveness, safety, and 
customer satisfaction; and 
‘‘(H) the development of designs and mate-
rials to reduce storm water runoff. 
‘‘(3) RESEARCH TO IMPROVE NHS PAVEMENT.—
The Secretary shall obligate not less than $2,000,000 
for fiscal year 2004 and $6,000,000 for each of fiscal 
years 2005 through 2009 from funds made available
684
to carry out this subsection to conduct research to im-
prove asphalt pavement, concrete pavement, and ag-
gregates 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 sec-
tion 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 PROGRAM.—
‘‘(1) IN GENERAL.—The Secretary shall establish 
and implement a program to demonstrate the appli-
cation of innovative technologies in highway safety. 
‘‘(2) GOALS.—The goals of the program shall in-
clude—
‘‘(A) the deployment and evaluation of safe-
ty technologies and innovations at State and 
local levels; and 
‘‘(B) the deployment of best practices in 
training, management, design, and planning. 
‘‘(3) GRANTS, COOPERATIVE AGREEMENTS, AND 
CONTRACTS.—
685
‘‘(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 or-
ganizations for research, development, and tech-
nology transfer for innovative safety technologies. 
‘‘(B) APPLICATIONS.—To receive a grant 
under this subsection, an entity described in sub-
paragraph (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 para-
graph (2). 
‘‘(4) TECHNOLOGY
AND
INFORMATION
TRANS-
FER.—The Secretary shall take such action as is nec-
essary to ensure that the information and technology 
resulting from research conducted under paragraph 
(3) is made available to State and local transpor-
tation departments and other interested parties as 
specified by the Secretary.’’.
686
(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 sec-
tion 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 administration 
and operation of the Federal Highway Administration shall 
be available to purchase promotional items of nominal 
value for use in the recruitment of individuals and to pro-
mote the programs of the Federal Highway Administra-
tion.’’. 
(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 demonstration 
of the durability and potential effectiveness of wood 
composite materials in multimodal transportation fa-
cilities.
687
(2) FEDERAL SHARE.—The Federal share of the 
cost of the demonstration under paragraph (1) shall 
be 100 percent. 
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 follows: 
‘‘(3) COURSES.—The Institute may develop and 
administer courses in modern developments, tech-
niques, methods, regulations, management, and proce-
dures in areas, including surface transportation, en-
vironmental mitigation, compliance, stewardship, and 
streamlining, acquisition of rights-of-way, relocation 
assistance, engineering, safety, transportation system 
management and operations, construction, mainte-
nance, contract administration, inspection, and high-
way finance.’’. 
(2) FUNDING.—Of the amounts made available 
by section 5101(a)(2) of this Act, $8,000,000 for fiscal 
year 2004 and $10,000,000 for each of fiscal years 
2005 through 2009 shall be available to carry out sec-
tion 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:
688
‘‘(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 CEN-
TERS.—The Federal share of the cost of activities 
carried out by the tribal technical assistance cen-
ters under paragraph (2)(D)(ii) shall be 100 per-
cent.’’. 
(2) FUNDING.—Of the amounts made available 
by section 5101(a)(2) of this Act, $12,000,000 for fis-
cal year 2004 and $14,000,000 for each of fiscal years 
2005 through 2009 shall be available to carry out sec-
tion 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.
689
(d) GARRETT A. MORGAN TECHNOLOGY AND TRANS-
PORTATION FUTURES PROGRAM.—
(1) IN GENERAL.—Section 504 of such title is 
amended by adding at the end the following: 
‘‘(d) GARRETT A. MORGAN TECHNOLOGY AND TRANS-
PORTATION
FUTURES
PROGRAM.—The Secretary shall 
carry out a program, to be known as the ‘Garrett A. Morgan 
Technology and Transportation Futures Program’, for the 
following purposes: 
‘‘(1) To attract young people in all levels of edu-
cation, from elementary school through college, to ca-
reers in transportation, with a special emphasis on 
attracting minorities, women, and other underrep-
resented groups. 
‘‘(2) To enhance the math, science, and tech-
nology skills of young people to prepare them for ca-
reers in transportation.’’. 
(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 DEVEL-
OPMENT, TRAINING, AND EDUCATION.—Section 504 of such 
title is further amended by adding at the end the following:
690
‘‘(e) SURFACE TRANSPORTATION WORKFORCE DEVEL-
OPMENT, TRAINING, AND EDUCATION.—
‘‘(1) FUNDING.—Subject to project approval by 
the Secretary, a State may obligate funds apportioned 
to the State under sections 104(b)(1), 104(b)(2), 
104(b)(3), 104(b)(4), and 144(e) for surface transpor-
tation 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 
‘‘(E) education activities, including out-
reach, to develop interest and promote participa-
tion 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-
691
portation workforce development, training, and edu-
cation’ means activities associated with surface trans-
portation career awareness, student transportation 
career preparation, and training and professional de-
velopment for surface transportation workers, includ-
ing activities for women and minorities.’’. 
(f) DEFINITIONS AND DECLARATION OF POLICY.—Sec-
tion 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 subpara-
graph (H) and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(I) surface transportation workforce devel-
opment, training, and education.’’. 
(g) TRANSPORTATION TECHNOLOGY INNOVATIONS.—
(1) FUNDAMENTAL
PROPERTIES
OF
ASPHALTS 
AND MODIFIED ASPHALTS.—The Secretary shall con-
tinue to carry out section 5117(b)(5) of the Transpor-
tation 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).
692
(3) FUNDING.—Of the amounts made available 
for each of fiscal years 2004 through 2009 by section 
5101(a)(1) of this Act, $3,000,000 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-
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
693
or political subdivision of a State prohib-
iting or regulating commercial activities in 
the rights-of-way of a highway for which 
funds from the Highway Trust Fund (other 
than the Mass Transit Account) have been 
used for planning, design, construction, or 
maintenance if the Secretary determines 
that such use is in the public interest. 
‘‘(ii) LIMITATION ON STATUTORY CON-
STRUCTION.—Nothing in this subparagraph 
shall be construed to affect the authority 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 amended further by adding at the end the 
following: 
‘‘(f) 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
694
‘‘(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 administra-
tive and management activities relating to the gov-
ernance of the freight planning capacity initiative. 
‘‘(3) STAKEHOLDER INVOLVEMENT.—In carrying 
out this section, the Secretary shall consult with the 
Association of Metropolitan Planning Organizations, 
the American Association of State Highway and 
Transportation Officials, and other freight planning 
stakeholders, including the other Federal agencies, 
State transportation departments, local 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.
695
‘‘(C) Refinement of data and analysis tools 
used in conjunction with assessing freight trans-
portation needs. 
‘‘(D) Technical assistance to State transpor-
tation departments and local transportation 
agencies reorganizing to address freight trans-
portation issues. 
‘‘(E) Facilitating relationship building be-
tween governmental and private entities involved 
in freight transportation. 
‘‘(F) Identifying ways to target the capacity 
of State transportation departments and local 
transportation agencies to address freight consid-
erations in operations, security, asset manage-
ment, and environmental excellence in connec-
tion with long-range multimodal transportation 
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 expended. 
‘‘(B) USE OF NON-FEDERAL FUNDS.—Funds 
made available for the program established under 
this subsection may be used for research, pro-
696
gram development, information collection and 
dissemination, and technical assistance. The Sec-
retary may use such funds independently or 
make grants to, or enter into contracts, coopera-
tive agreements, and other transactions with, a 
Federal agency, State agency, local agency, Fed-
erally recognized Indian tribal government or 
tribal consortium, authority, association, non-
profit 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 sec-
tion 5101(a)(2) of this Act, $1,500,000 for fiscal year 2004 
and $5,000,000 for each of fiscal years 2005 through 2009 
shall be available to carry out section 504(f) of title 23, 
United States Code. 
(c) TECHNICAL AMENDMENT.—Section 508(c)(3)(C) of 
such title is amended by inserting ‘‘of title 31’’ after 
‘‘1116’’. 
SEC. 5207. ADVANCED TRAVEL FORECASTING PROCEDURES 
PROGRAM. 
(a) 
CONTINUATION
AND
ACCELERATION
OF 
TRANSIMS DEPLOYMENT.—The Secretary shall accelerate 
the deployment of the advanced transportation model 
known as the ‘‘Transportation Analysis Simulation Sys-
697
tem’’ (in this section referred to as ‘‘TRANSIMS’’), devel-
oped by the Los Alamos National Laboratory. The program 
shall assist State departments of transportation and metro-
politan planning organizations in the implementation of 
TRANSIMS, develop methods for TRANSIMS applications 
to transportation planning and air quality analysis, and 
provide training and technical assistance for the implemen-
tation of TRANSIMS. The program may support the devel-
opment of methods to plan for the transportation response 
to chemical and biological terrorism and other security con-
cerns. 
(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 
Code, representing a diversity of populations, geo-
graphic regions, and analytic needs to implement 
TRANSIMS; 
(2) develop methods to demonstrate a wide spec-
trum of TRANSIMS applications to support metro-
politan and statewide transportation planning, in-
cluding integrating highway and transit operational
698
considerations into the transportation planning proc-
ess; and 
(3) provide training and technical assistance 
with respect to the implementation and application of 
TRANSIMS to States, local governments, and metro-
politan planning organizations with responsibility 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 sec-
tion 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. 
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 re-
search program 
‘‘(a) ESTABLISHMENT.—The Secretary shall establish 
and support a national cooperative freight transportation 
research program. 
‘‘(b) AGREEMENT.—The Secretary shall enter into an 
agreement with the National Academy of Sciences to sup-
699
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 Academy 
of Sciences shall select an advisory committee consisting of 
a representative cross-section of freight stakeholders, includ-
ing the Department of Transportation, other Federal agen-
cies, State transportation departments, local governments, 
nonprofit entities, academia, and the private sector. 
‘‘(d) GOVERNANCE.—The national cooperative freight 
transportation research program established under this sec-
tion shall include the following administrative and manage-
ment elements: 
‘‘(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.
700
‘‘(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 peri-
odic programmatic evaluations on a regular 
basis of research contracts and grants. 
‘‘(5) DISSEMINATION OF RESEARCH FINDINGS.—
The National Academy of Sciences shall disseminate 
research findings to researchers, practitioners, and de-
cisionmakers, through conferences and seminars, field 
demonstrations, workshops, training programs, pres-
entations, testimony to government 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:
701
‘‘(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 
planning. 
‘‘(5) The use of technology applications to in-
crease capacity of highway lanes dedicated to truck-
only traffic. 
‘‘(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 relat-
ing to rest areas. 
‘‘(9) Other research areas to identify and address 
the emerging and future research needs related to 
freight transportation by all modes. 
‘‘(f) FUNDING.—
702
‘‘(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 remain 
available until expended. 
‘‘(2) USE OF NON-FEDERAL FUNDS.—In addition 
to using funds authorized for this section, the Na-
tional Academy of Sciences may seek and accept ad-
ditional funding sources from public and private en-
tities capable of accepting funding from the Depart-
ment of Transportation, States, local governments, 
nonprofit foundations, and the private sector.’’. 
(b) CONFORMING AMENDMENT.—The analysis for such 
chapter is further amended by adding at the end the fol-
lowing:
‘‘509. National cooperative freight transportation research program.’’.
(c) FUNDING.—Of the amounts made available by sec-
tion 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:
703
‘‘§ 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, act-
ing through the National Research Council of the National 
Academy of Sciences, the future strategic highway research 
program. 
‘‘(b) COOPERATIVE
AGREEMENTS.—The Secretary 
may make grants to, and enter into cooperative agreements 
with, the American Association of State Highway and 
Transportation Officials and the National Academy of 
Sciences to carry out such activities under this subsection 
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 estab-
lished under this section shall be based on the Na-
tional Research Council Special Report 260, entitled 
‘Strategic Highway Research: Saving Lives, Reducing 
Congestion, Improving Quality of Life’ and the re-
sults of the detailed planning work subsequently car-
ried out in 2002 and 2003 to identify the research 
areas through National Cooperative Research Pro-
704
gram Project 20–58. The research program shall in-
clude 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. 
‘‘(D) Planning and designing new road ca-
pacity to meet mobility, economic, environ-
mental, and community needs. 
‘‘(2) DISSEMINATION OF RESULTS.—The research 
results of the program, expressed in terms of tech-
nologies, methodologies, and other appropriate cat-
egorizations, shall be disseminated to practicing engi-
neers 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 con-
duct research for the program on the basis of merit 
and open solicitation of proposals and review by pan-
els of appropriate experts;
705
‘‘(2) State department of transportation officials 
and other stakeholders, as appropriate, are involved 
in the governance of the program at the overall pro-
gram level and technical level through the use of ex-
pert panels and committees; 
‘‘(3) the Council acquires a qualified, permanent 
core staff with the ability and expertise to manage the 
program and multiyear budget; and 
‘‘(4) there is no duplication of research effort be-
tween 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 results 
of the future strategic highway research program. 
‘‘(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);
706
‘‘(B) a discussion of potential incentives for, 
impediments to, and methods of, implementing 
those results; 
‘‘(C) an estimate of costs of implementation 
of those results; and 
‘‘(D) recommendations on methods by which 
implementation of those results should be con-
ducted, coordinated, and supported in future 
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 Committee 
on Environment and Public Works of the Senate and 
the Committee on Transportation and Infrastructure 
of the House of Representatives. 
‘‘(g) LIMITATION OF REMEDIES.—
707
‘‘(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 prop-
erty, personal injury, or death shall apply to any 
claim against the National Academy of Sciences for 
money damages for injury, loss of property, personal 
injury, or death caused by any negligent or wrongful 
act or omission by employees and individuals de-
scribed in paragraph (3) arising from activities con-
ducted under or in connection with this section. Any 
such claim shall be subject to the limitations and ex-
ceptions which would be applicable to such claim if 
such claim were against the United States. With re-
spect to any such claim, the Secretary shall be treated 
as the head of the appropriate Federal agency for 
purposes of sections 2672 and 2675 of title 28. 
‘‘(2) EXCLUSIVENESS OF REMEDY.—The remedy 
referred to in paragraph (1) shall be exclusive of any 
other civil action or proceeding for the purpose of de-
termining 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
708
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 Government 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 proceeding 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 limitations 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 payable 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 payments under this 
paragraph.
709
‘‘(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 agreement 
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.’’. 
(b) CONFORMING AMENDMENT.—The analysis for such 
chapter is further amended by adding at the end the fol-
lowing:
‘‘510. Future strategic highway research program.’’.
(c) FUNDING.—Of the amounts made available by sec-
tion 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 available 
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 comprehensive 
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 pro-
710
vide for the collection, integration, management, and dis-
semination 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 authorized 
in paragraph (1) are intended to supplement vol-
untary 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.—During fiscal year 2004, the 
Secretary, acting through the Federal Highway Adminis-
tration, shall establish a surface transportation congestion 
solutions research initiative consisting of 2 independent re-
search programs described in subsections (b)(1) and (b)(2) 
and designed to develop information to assist State trans-
711
portation departments and metropolitan planning organi-
zations measure and address surface transportation conges-
tion problems. 
(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 locally 
designed reporting methods and incorporate such 
methods in research on national models for de-
veloping and recommending improved surface 
transportation congestion measurement and re-
porting; and 
(C) to incorporate such methods in the de-
velopment of national models and methods to 
monitor, measure, and report surface transpor-
tation congestion information.
712
(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 procedures 
used by State transportation departments and 
metropolitan planning organizations to assess 
surface transportation congestion problems and 
communicate those problems to decisionmakers; 
and 
(B) to identify methods to ensure that the 
results of surface transportation congestion anal-
yses will lead to the targeting of funding for pro-
grams, projects, or services with demonstrated ef-
fectiveness in reducing travel delay, congestion, 
and system unreliability. 
(c) TECHNICAL ASSISTANCE AND TRAINING.—In fiscal 
year 2006, the Secretary, acting through the Federal High-
way Administration, shall develop a technical assistance 
and training program to disseminate the results of the sur-
face transportation congestion solutions research initiative 
for the purpose of assisting State transportation depart-
ments and local transportation agencies with improving 
their approaches to surface transportation congestion meas-
urement, analysis, and project programming.
713
(d) FUNDING.—Of the amounts made available by sec-
tions 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 available 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 reduced 
cost improvements that may be achieved through the 
use of wireless technologies to address the inefficien-
cies identified in paragraph (1); and 
(3) conduct, as appropriate, field tests dem-
onstrating the technologies identified in paragraph 
(2). 
(b) PROGRAM ELEMENTS.—The program shall include, 
at a minimum, the following: 
(1) Fuel monitoring and management systems. 
(2) Electronic document imaging.
714
(3) Border pre-clearance systems. 
(4) Radio Frequency Identification technology. 
(5) Electronic manifest systems. 
(6) 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 programs 
and activities carried out under this section. 
(e) FUNDING.—From funds made available under sec-
tion 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. 
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
715
this section to eligible nonprofit institutions of higher 
learning to establish and operate national university 
transportation centers. 
‘‘(2) ROLE OF CENTERS.—The role of each center 
shall be to advance significantly transportation re-
search on critical national transportation issues and 
to expand the workforce of transportation profes-
sionals. 
‘‘(b) APPLICABILITY OF REQUIREMENTS.—A grant re-
ceived 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 conditions, as 
a grant made to a nonprofit institution of higher 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 Transportation Eq-
uity Act: A Legacy for Users, the university referred to in 
section 704 of Public Law 103–206 (107 Stat. 2447), and 
the university that, as of the day before such date of enact-
ment, is the lead institution for the regional university
716
transportation center for region 5 of the Standard Federal 
Regional Boundary System. 
‘‘(d) GRANTS.—In each of fiscal years 2004 through 
2009, the Secretary shall make a grant under this section 
to each eligible nonprofit institution of higher learning in 
an amount not to exceed $3,500,000.’’. 
(b) CONFORMING AMENDMENT.—The analysis for sub-
chapter I of chapter 55 of such title is amended by striking 
the item relating to section 5505 and inserting the fol-
lowing:
‘‘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 section 
shall be used by nonprofit institutions of higher learning 
to advance significantly the state-of-the-art in transpor-
tation research and expand the workforce of transportation 
professionals through the following programs and activities: 
‘‘(1) RESEARCH.—Basic and applied research, 
the products of which are judged by peers or other ex-
717
perts in the field of transportation to advance the 
body of knowledge in transportation. 
‘‘(2) EDUCATION.—An education program relat-
ing to transportation that includes multidisciplinary 
course work and participation in research. 
‘‘(3) TECHNOLOGY TRANSFER.—An ongoing pro-
gram of technology transfer that makes transportation 
research results available to potential users in a form 
that can be implemented, utilized, or otherwise ap-
plied. 
‘‘(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 high-
er learning to establish and operate 10 Tier II uni-
versity transportation centers.
718
‘‘(3) LOCATION OF REGIONAL CENTERS.—One re-
gional university transportation center shall be lo-
cated in each of the 10 United States Government re-
gions that comprise the Standard Federal Regional 
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 institu-
tion of higher learning shall submit to the Secretary 
an application that is in such form and contains 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 section 
through a competitive process on the basis of the fol-
lowing: 
‘‘(A) The demonstrated research and exten-
sion 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
719
contributions to the solution of immediate and 
long-range transportation problems. 
‘‘(C) The recipient’s demonstrated commit-
ment of at least $400,000 each year in regularly 
budgeted institutional amounts to support ongo-
ing transportation research and education pro-
grams. 
‘‘(D) The recipient’s demonstrated ability to 
disseminate results of transportation research 
and education programs through a statewide or 
regionwide continuing education program. 
‘‘(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 March 31, 
2005, and not later than March 31st of every 4th year 
thereafter, the Secretary shall complete a competition 
among nonprofit institutions of higher learning for 
grants to establish and operate the 10 regional uni-
versity transportation centers referred to in subsection 
(c)(1)(A). 
‘‘(2) SELECTION
CRITERIA.—In conducting a 
competition under paragraph (1), the Secretary shall
720
select a nonprofit institution of higher learning on the 
basis of—
‘‘(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 evi-
denced 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 degrees 
awarded in professional fields closely re-
lated to highways and public transportation 
for year for each of the preceding 5 years; 
‘‘(iii) not less than 5 tenured or ten-
ure-track faculty members who specialize on 
a full-time basis in professional fields close-
ly related to highways and public transpor-
tation; and
721
‘‘(iv) a faculty that has published a 
total of at least 50 refereed journal publica-
tions on highway or public transportation 
research during the preceding 5 years. 
‘‘(3) GRANT RECIPIENTS.—After selecting a non-
profit institution of higher learning as a grant recipi-
ent on the basis of a competition conducted under this 
subsection, the Secretary shall make a grant to the re-
cipient to establish and operate a regional 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 learn-
ing 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.
722
‘‘(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 competition 
among nonprofit institutions of higher learning for 
grants to establish and operate the 10 Tier I univer-
sity 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 es-
tablished, recognized program in transportation 
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
723
in such expenditures during the 5 preceding 
years; 
‘‘(ii) not less than 5 graduate degrees 
awarded in professional fields closely re-
lated to highways and public transportation 
each year for each of the preceding 5 years; 
‘‘(iii) not less than 3 tenured or ten-
ure-track faculty members who specialize on 
a full-time basis in professional fields close-
ly related to highways and public transpor-
tation; and 
‘‘(iv) a faculty that has published a 
total of at least 20 refereed journal publica-
tions on highway or public transportation 
research during the preceding 5 years. 
‘‘(3) GRANT RECIPIENTS.—After selecting a non-
profit institution of higher learning as a grant recipi-
ent on the basis of a competition conducted under this 
subsection, the Secretary shall make a grant to the re-
cipient to establish and operate a Tier I 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, 
2005, AND 2006.—For each of fiscal years 2004, 2005, 
and 2006, the Secretary shall make a grant under
724
this section to each of the 10 nonprofit institutions of 
higher learning that were competitively selected for 
grant awards by the Secretary under this section in 
May 2002 to operate university transportation 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 uni-
versity 
transportation 
center 
shall 
not 
exceed 
$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 August 31, 
2004, not later than March 31, 2008, and not later 
than March 31st of every 4th year thereafter, the Sec-
retary shall complete a competition among nonprofit 
institutions of higher learning for grants to establish 
and operate the 10 Tier II university transportation 
centers referred 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).
725
‘‘(3) GRANT RECIPIENTS.—After selecting a non-
profit institution of higher learning as a grant recipi-
ent 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 August 31, 2004, make 
a grant to the recipient 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 competi-
tion, make a grant to the recipient to establish 
and operate a Tier II university transportation 
center in each of the first 4 fiscal years begin-
ning after the date of the competition. 
‘‘(4) AMOUNT OF GRANTS.—For each of fiscal 
years 2005 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 Tier II 
university transportation center shall not exceed 
$1,000,000. 
‘‘(h) SUPPORT OF NATIONAL STRATEGY FOR SURFACE 
TRANSPORTATION RESEARCH.—In order to be eligible to re-
ceive a grant under this section, a nonprofit institution of 
higher learning shall provide assurances satisfactory to the 
Secretary that the research and education activities of its
726
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 ‘Highway 
Research and Technology: The Need for Greater In-
vestment’, dated April 2002; and 
‘‘(2) the programs of the National Research and 
Technology Program of the Federal Transit Adminis-
tration. 
‘‘(i) MAINTENANCE OF EFFORT.—In order to be eligi-
ble to receive a grant under this section, a nonprofit institu-
tion of higher learning shall enter into an agreement with 
the Secretary to ensure that the institution will maintain 
total expenditures from all other sources to establish and 
operate a university transportation center and related re-
search 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 sec-
tion 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.—
727
‘‘(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 developed 
under section 508 of title 23, the Secretary shall re-
view and evaluate programs of grant recipients. 
‘‘(3) MANAGEMENT AND OVERSIGHT.—The Sec-
retary shall expend $1,500,000 for each of fiscal years 
2005 through 2009 from amounts made available to 
carry out this section to carry out management and 
oversight of the centers receiving assistance under this 
section. 
‘‘(l) PROGRAM ADMINISTRATION.—The Secretary shall 
carry out this section acting through the Administrator of 
the Research and Special Programs Administration. 
‘‘(m) LIMITATION
ON AVAILABILITY
OF FUNDS.—
Funds made available to carry out this section shall remain 
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.’’.
728
(b) CONFORMING AMENDMENT.—The analysis for sub-
chapter I of chapter 55 of such title is amended by striking 
the item relating to section 5506 and inserting the fol-
lowing:
‘‘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 establish 
the program in partnership with appropriate non-
governmental institutions. 
(b) PARTICIPATION AND FUNDING.—An operating ad-
ministration of the Department of Transportation and the 
Office of Inspector General may participate in the scholar-
ship program. Notwithstanding any other provision of law, 
the Secretary may use funds available to an operating ad-
ministration or from the Office of Inspector General of the 
Department of Transportation for the purpose of carrying 
out this section.
729
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 re-
search 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-
mental Protection Agency, and other relevant Federal agen-
cies on research, development, and demonstration activities 
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
730
State and local governments) and persons to carry out sub-
section (a). 
‘‘(d) COST SHARING.—At least 50 percent of the fund-
ing for projects carried out under this section must be pro-
vided 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 obli-
gation in the same manner as if such funds were appor-
tioned under chapter 1 of title 23 and shall be subject to 
any limitation on obligations imposed on funds made avail-
able to carry out title V of the Transportation Equity Act: 
A Legacy for Users.’’. 
(b) CONFORMING AMENDMENT.—The analysis for sub-
chapter 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 sensing 
products and spatial information technologies for applica-
731
tion to national transportation infrastructure development 
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 technologies 
for the implementation of the national policy estab-
lished 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 Adminis-
tration and a consortium of university research centers. 
(d) FUNDING.—Of the amounts made available by sec-
tion 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.
732
Subtitle E—Transportation Data 
and Analysis 
SEC. 5501. BUREAU OF TRANSPORTATION STATISTICS. 
Section 111 of title 49, United States Code, is amended 
by striking subsections (b) through (k) and inserting the 
following: 
‘‘(b) DIRECTOR.—
‘‘(1) IN GENERAL.—The Bureau shall be headed 
by a Director who shall be appointed by the Presi-
dent, by and with the advice and consent of the Sen-
ate. 
‘‘(2) APPOINTMENT.—The Director shall be ap-
pointed 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 trans-
portation data. 
‘‘(3) REPORTING TO SECRETARY.—The Director 
shall report directly to the Secretary of Transpor-
tation. 
‘‘(4) TERM.—The term of the Director shall be 4 
years. The Director may continue to serve after the 
expiration of the term until a successor is appointed 
and confirmed. 
‘‘(c) RESPONSIBILITIES.—The Director of the Bureau 
shall serve as the Secretary’s senior advisor on data and
733
statistics and be responsible for carrying out the following 
duties: 
‘‘(1) Collecting, analyzing, and disseminating 
data concerning the domestic and international move-
ment of freight. 
‘‘(2) Collecting, analyzing, and disseminating 
data concerning travel patterns for local and long-dis-
tance travel, at the local, State, national, and inter-
national levels. 
‘‘(3) Developing, analyzing, and disseminating 
information on the economics of transportation. 
‘‘(4) Building and disseminating the transpor-
tation layer of the National Spatial Data Infrastruc-
ture, including coordinating the development of trans-
portation geospatial data standards, compiling inter-
modal geospatial data, and collecting geospatial data 
that is not being collected by others. 
‘‘(5) Developing, publishing, and disseminating 
a comprehensive set of measures of investment, use, 
costs, performance, and impacts of the national trans-
portation system, including publishing an annual 
transportation statistics abstract. 
‘‘(6) Identifying information needs of the De-
partment and reviewing such needs at least annually
734
with the Advisory Council on Transportation Statis-
tics of the Bureau. 
‘‘(7) Conducting or supporting research relating 
to methods of gathering or analyzing transportation 
statistics and issuing guidelines for the collection of 
information by the Department in order to ensure 
that such information is accurate, relevant, com-
parable, accessible, and in a form that permits sys-
tematic analysis. 
‘‘(d) COORDINATING COLLECTION OF INFORMATION.—
The Director shall work with the operating administrations 
of the Department to establish and implement the Bureau’s 
data programs and to improve the coordination of informa-
tion collection efforts with other Federal agencies. 
‘‘(e) 
SUPPORTING
TRANSPORTATION
DECISION-
MAKING.—The Director shall ensure that the statistics com-
piled under this section are relevant for transportation pol-
icy, planning, and decisionmaking by the Federal Govern-
ment, State and local governments, transportation-related 
associations, private businesses, and the public. The Direc-
tor shall provide to the Department’s other operating ad-
ministrations technical assistance on collecting, compiling, 
analyzing, and verifying transportation data and statistics 
and the design of surveys. 
‘‘(f) NATIONAL TRANSPORTATION LIBRARY.—
735
‘‘(1) IN GENERAL.—The Director shall establish 
and maintain a National Transportation Library. 
The Library shall contain a collection of statistical 
and other information needed for transportation deci-
sionmaking 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 disseminate information under subsection (c). 
‘‘(3) COORDINATION.—The Director shall work 
with other transportation libraries and other trans-
portation information providers, both public and pri-
vate, to achieve the goal specified in paragraph (2). 
‘‘(4) TRANSPORTATION RESEARCH INFORMATION 
SERVICE.—The Director shall provide the full finan-
cial support for the web-based version of the Trans-
portation Research Information Service. 
‘‘(g) RESEARCH AND DEVELOPMENT GRANTS.—
‘‘(1) IN
GENERAL.—The Secretary may make 
grants to, or enter into cooperative agreements or con-
tracts with, public and nonprofit private entities (in-
cluding State transportation departments, metropoli-
tan planning organizations, and institutions of high-
736
er education) if each of the grants, agreements, and 
contracts—
‘‘(A) provide for an alternative means of ac-
complishing program-related research of the De-
partment; 
‘‘(B) contribute to research and development 
of new methods of transportation data collection; 
or 
‘‘(C) improve the methods for sharing geo-
graphic transportation data. 
‘‘(2) FUNDING LIMIT.—Not more than $500,000 
of the amounts made available to carry out this sec-
tion in a fiscal year may be used for research and de-
velopment grants under this subsection. 
‘‘(h) TRANSPORTATION
STATISTICS
ANNUAL
RE-
PORT.—By March 31 of each year, the Director shall trans-
mit to the President and Congress a report that includes 
information on the subjects described in subsection (c), doc-
umentation of the methods used to obtain the information 
and ensure the quality of the statistics presented in the re-
port, and recommendations for improving transportation 
statistical information. 
‘‘(i) PROCEEDS OF DATA PRODUCT SALES.—Notwith-
standing section 3302 of title 31, funds received by the Bu-
reau from the sale of data products, for necessary expenses
737
incurred, may be credited to the Highway Trust Fund 
(other than the Mass Transit Account) for the purpose of 
reimbursing the Bureau for the expenses. 
‘‘(j) LIMITATIONS ON STATUTORY CONSTRUCTION.—
Nothing in this section shall be construed to—
‘‘(1) authorize the Bureau to require any other 
department or agency to collect data; or 
‘‘(2) reduce the authority of any other officer of 
the Department of Transportation to collect and dis-
seminate data independently. 
‘‘(k) 
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, institu-
tion, establishment, or organization of any nature whatso-
ever, neglects or refuses, when requested by the Director or 
other authorized officer, employee, or contractor of the Bu-
reau, to answer completely and correctly to the best of his 
or her knowledge all questions relating to the corporation, 
company, business, institution, establishment, or other or-
ganization, or to make available records or statistics in his 
or her official custody, contained in a data collection re-
quest prepared and submitted under the authority of sub-
section (c)(1), shall be fined not more than $500; but if he
738
or she willfully gives a false answer to such a question, he 
or she shall be fined not more than $10,000. 
‘‘(l) PROHIBITION ON CERTAIN DISCLOSURES.—
‘‘(1) IN GENERAL.—An officer, employee or con-
tractor 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 
any individual report provided under subsection 
(c). 
‘‘(2) COPIES OF REPORTS.—
‘‘(A) IN GENERAL.—No department, bureau, 
agency, officer, or employee of the United States 
(except the Director in carrying out this section) 
may require, for any reason, a copy of any re-
port that has been filed under subsection (c) with 
the Bureau or retained by an individual re-
spondent. 
‘‘(B) 
LIMITATION
ON
JUDICIAL
PRO-
CEEDINGS.—A copy of a report described in sub-
paragraph (A) that has been retained by an in-
739
dividual 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 ac-
tion, suit, or other judicial or administra-
tive proceeding. 
‘‘(C) APPLICABILITY.—This paragraph shall 
apply only to reports that permit information 
concerning an individual or organization to be 
reasonably determined by direct or indirect 
means. 
‘‘(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 inform 
a respondent that is requested or required to supply 
the data or information of the nonstatistical purpose. 
‘‘(m) DATA ACCESS.—The Director shall have access 
to transportation and transportation-related information
740
in the possession of any Federal agency except informa-
tion—
‘‘(1) the disclosure of which to another Federal 
agency is expressly prohibited by law; or 
‘‘(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 agen-
cy. 
‘‘(n) ADVISORY COUNCIL ON TRANSPORTATION STA-
TISTICS.—
‘‘(1) ESTABLISHMENT.—There is established in 
the Bureau an Advisory Council on Transportation 
Statistics. 
‘‘(2) FUNCTION.—It shall be the function of the 
Advisory Council to advise the Director of the Bureau 
on transportation statistics and analyses, including 
whether or not the statistics and analysis dissemi-
nated by the Bureau are of high quality and are 
based upon the best available objective information. 
‘‘(3) MEMBERSHIP.—The Advisory Council shall 
be composed of not more than 6 members appointed 
by the Director who are not officers or employees of 
the United States. Each member shall have expertise 
in transportation data collection or analysis or appli-
741
cation; except that 1 member shall have expertise in 
economics, 1 member shall have expertise in statistics, 
and 1 member shall have expertise in transportation 
safety. At least 1 member shall be a senior official of 
a State department of transportation. 
‘‘(4) APPLICABILITY OF FEDERAL ADVISORY COM-
MITTEE ACT.—The Federal Advisory Committee Act 
(5 App. U.S.C.) shall apply to the advisory council 
established under this section, except that section 14 
of such Act shall not apply to the Advisory Council.’’. 
Subtitle F—Intelligent 
Transportation Systems Research 
SEC. 5601. SHORT TITLE. 
This subtitle may be cited as the ‘‘Intelligent Trans-
portation Systems Act of 2004’’. 
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, in-
cluding public access to employment, goods, and serv-
ices and to reduce regulatory, financial, and other 
transaction costs to public agencies and system users;
742
(2) achievement of national transportation safety 
goals, including the enhancement of safe operation of 
motor vehicles and nonmotorized vehicles as well as 
improved emergency response to a crash, with par-
ticular emphasis on decreasing the number and sever-
ity of collisions; 
(3) protection and enhancement of the natural 
environment and communities affected by surface 
transportation, with particular emphasis on assisting 
State and local governments to achieve national envi-
ronmental goals; 
(4) accommodation of the needs of all users of 
surface transportation systems, including operators of 
commercial motor vehicles, passenger motor vehicles, 
motorcycles, and bicycles and pedestrians, including 
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 na-
tional defense mobility. 
(b) PURPOSES.—The Secretary shall implement ac-
tivities under the intelligent system transportation program 
to, at a minimum—
(1) expedite, in both metropolitan and rural 
areas, deployment and integration of intelligent
743
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; 
(4) promote the innovative use of private re-
sources; 
(5) facilitate, in cooperation with the motor vehi-
cle 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.
744
SEC. 5603. GENERAL AUTHORITIES AND REQUIREMENTS. 
(a) SCOPE.—Subject to the provisions of this subtitle, 
the Secretary shall conduct an ongoing intelligent transpor-
tation system program to research, develop, and operation-
ally test intelligent transportation systems and advance na-
tionwide deployment of such systems as a component 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-private 
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 Fed-
eral laboratories, and colleges and universities, including 
historically Black colleges and universities and other mi-
nority institutions of higher education. 
(d) CONSULTATION WITH FEDERAL OFFICIALS.—In 
carrying out the intelligent transportation system program, 
the Secretary shall consult with the heads of other Federal 
departments and agencies, as appropriate. 
(e) TECHNICAL ASSISTANCE, TRAINING, AND INFORMA-
TION.—The Secretary may provide technical assistance,
745
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 trans-
portation systems management and operations, including 
intelligent transportation systems, within metropolitan and 
statewide transportation planning processes. 
(g) INFORMATION CLEARINGHOUSE.—
(1) IN GENERAL.—The Secretary shall—
(A) maintain a repository for technical and 
safety data collected as a result of federally spon-
sored projects carried out under this subtitle (in-
cluding the amendments made by this subtitle); 
and 
(B) make, on request, that information (ex-
cept for proprietary information and data) read-
ily 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).
746
(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 COMMITTEES.—In carrying out this 
subtitle, the Secretary may use one or more advisory com-
mittees that are subject to the Federal Advisory Committee 
Act (5 U.S.C. App.). 
(i) REPORTING.—
(1) GUIDELINES AND REQUIREMENTS.—
(A) IN GENERAL.—The Secretary shall issue 
guidelines and requirements for the reporting 
and evaluation of operational tests and deploy-
ment projects carried out under this subtitle. 
(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-
747
ployment project or by any other formal evalua-
tion carried out under this subtitle. 
(C) FUNDING.—The guidelines and require-
ments issued under subparagraph (A) shall es-
tablish reporting funding levels based on the size 
and scope of each test or project that ensure ade-
quate 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 
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 MAIN-
TENANCE.—Consistent with section 12(d) of the Na-
tional Technology Transfer and Advancement Act of 
1995 (15 U.S.C. 272 note; 110 Stat. 783), the Sec-
retary shall develop, implement, and maintain a na-
tional architecture and supporting standards and 
protocols to promote the widespread use and evalua-
tion of intelligent transportation system technology as 
a component of the surface transportation systems of 
the United States.
748
(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 ORGANI-
ZATIONS.—In carrying out this section, the Secretary 
shall use the services of such standards development 
organizations as the Secretary determines to be ap-
propriate. 
(4) USE OF EXPERT PANEL.—
(A) DESIGNATION.—The Secretary shall 
designate a panel of experts to recommend ways 
to expedite and streamline the process for devel-
oping the standards and protocols to be devel-
oped pursuant to paragraph (1). 
(B) NONAPPLICABILITY OF ADVISORY COM-
MITTEE ACT.—The expert panel shall not be sub-
ject to the Federal Advisory Committee Act (5 
U.S.C. App.). 
(C) DEADLINE FOR RECOMMENDATION.—No 
later than September 30, 2005, the expert panel 
shall provide the Secretary with a recommenda-
tion relating to such standards development. 
(b) PROVISIONAL STANDARDS.—
749
(1) IN GENERAL.—If the Secretary finds that the 
development or balloting of an intelligent transpor-
tation system standard jeopardizes the timely achieve-
ment of the objectives identified in subsection (a), the 
Secretary may establish a provisional standard, after 
consultation with affected parties, using, to the extent 
practicable, the work product of appropriate stand-
ards development organizations. 
(2) PERIOD OF EFFECTIVENESS.—A provisional 
standard established under paragraph (1) shall be 
published in the Federal Register and remain in effect 
until the appropriate standards development organi-
zation adopts and publishes a standard. 
(c) CONFORMITY WITH NATIONAL ARCHITECTURE.—
(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), the Secretary shall ensure that in-
telligent transportation system projects carried out 
using funds made available from the Highway Trust 
Fund, including funds made available under this sub-
title to deploy intelligent transportation system tech-
nologies, conform to the national architecture, appli-
cable standards or provisional standards, and proto-
cols developed under subsection (a). 
(2) SECRETARY’S
DISCRETION.—The Secretary 
may authorize exceptions to paragraph (1) for—
750
(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 develop-
ment 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 
date of enactment of this Act if the Secretary de-
termines 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 al-
ternatives that would meet the conformity 
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 system 
research, development, and operational tests of intelligent
751
vehicles and intelligent infrastructure systems and other 
similar activities that are necessary to carry out this sub-
title. 
(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 
weather management, toll collection, traveler informa-
tion, or highway operations systems and remote sens-
ing products; 
(2) 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 
(3) 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—
752
(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 con-
struction is incidental and critically necessary to the 
implementation of an intelligent transportation sys-
tem project. 
SEC. 5607. 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 traffic. 
(2) INTELLIGENT TRANSPORTATION INFRASTRUC-
TURE.—The term ‘‘intelligent transportation infra-
structure’’ means fully integrated public sector intel-
ligent transportation system components, as defined 
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 system.
753
(4) NATIONAL ARCHITECTURE.—The term ‘‘na-
tional architecture’’ means the common framework for 
interoperability that defines—
(A) the functions associated with intelligent 
transportation system user services; 
(B) the physical entities or subsystems with-
in which the functions reside; 
(C) the data interfaces and information 
flows between physical subsystems; and 
(D) the communications requirements asso-
ciated with the information flows. 
(5) PROJECT.—The term ‘‘project’’ means a un-
dertaking to research, develop, or operationally test 
intelligent transportation systems or any other under-
taking eligible for assistance under this subtitle. 
(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 characteristics 
so as to ensure that materials, products, proc-
esses, and services are fit for their purposes; and 
(B) may support the national architecture 
and promote—