628
(A) by striking ‘‘90 days’’ and inserting
‘‘180 days’’; and
(B) by striking ‘‘$1,000’’ and inserting
‘‘$2,500’’;
(3) in subparagraph (B)—
(A) by striking ‘‘one year’’ and inserting
‘‘2 years’’; and
(B) by striking ‘‘$1,000; and’’ and insert-
ing ‘‘$5,000;’’;
(4) in subparagraph (C) by striking ‘‘$10,000.’’
and inserting ‘‘$25,000; and’’; and
(5) by adding at the end the following:
‘‘(D) an employer that knowingly and willfully
allows or requires an employee to operate a commer-
cial motor vehicle in violation of an out-of-service
order shall, upon conviction, be subject for each of-
fense to imprisonment for a term not to exceed one
year or a fine under title 18, or both.’’.
SEC. 4109. COMMERCIAL VEHICLE INFORMATION SYSTEMS
AND NETWORKS DEPLOYMENT.
(a) IN GENERAL.—The Secretary shall carry out a
commercial vehicle information systems and networks pro-
gram to—
(1) improve the safety and productivity of com-
mercial vehicles and drivers; and
629
(2) reduce costs associated with commercial ve-
hicle operations and Federal and State commercial
vehicle regulatory requirements.
(b) PURPOSE.—The program shall advance the tech-
nological capability and promote the deployment of intel-
ligent transportation system applications for commercial
motor vehicle operations, commercial driver, and carrier-
specific information systems and networks.
(c) CORE DEPLOYMENT GRANTS.—
(1) IN GENERAL.—The Secretary shall make
grants to eligible States for the core deployment of
commercial vehicle information systems and net-
works.
(2) AMOUNT OF GRANTS.—The maximum ag-
gregate amount the Secretary may grant to a State
for the core deployment of commercial vehicle infor-
mation systems and networks under this subsection
and sections 5001(a)(5) and 5001(a)(6) of the
Transportation Equity Act for the 21st Century
(112 Stat. 420) may not exceed $2,500,000.
(3) USE
OF
FUNDS.—Funds from a grant
under this subsection may only be used for the core
deployment of commercial vehicle information sys-
tems and networks. An eligible State that has either
completed the core deployment of commercial vehicle
630
information systems and networks or completed such
deployment before grant funds are expended under
this subsection may use the grant funds for the ex-
panded deployment of commercial vehicle informa-
tion systems and networks in the State.
(d) EXPANDED DEPLOYMENT GRANTS.—
(1) IN GENERAL.—For each fiscal year, from
the funds remaining after the Secretary has made
grants under subsection (c), the Secretary may make
grants to each eligible State, upon request, for the
expanded deployment of commercial vehicle informa-
tion systems and networks.
(2) ELIGIBILITY.—Each State that has com-
pleted the core deployment of commercial vehicle in-
formation systems and networks in such State is eli-
gible for an expanded deployment grant under this
subsection.
(3) AMOUNT OF GRANTS.—Each fiscal year, the
Secretary may distribute funds available for ex-
panded deployment grants equally among the eligible
States, but not to exceed $1,000,000 per State.
(4) USE OF FUNDS.—A State may use funds
from a grant under this subsection only for the ex-
panded deployment of commercial vehicle informa-
tion systems and networks.
631
(e) ELIGIBILITY.—To be eligible for a grant under
this section, a State—
(1) shall have a commercial vehicle information
systems and networks program plan approved by the
Secretary that describes the various systems and
networks at the State level that need to be refined,
revised, upgraded, or built to accomplish deployment
of core capabilities;
(2) shall certify to the Secretary that its com-
mercial vehicle information systems and networks
deployment activities, including hardware procure-
ment, software and system development, and infra-
structure modifications—
(A) are consistent with the national intel-
ligent transportation systems and commercial
vehicle information systems and networks archi-
tectures and available standards; and
(B) promote interoperability and efficiency
to the extent practicable; and
(3) shall agree to execute interoperability tests
developed by the Federal Motor Carrier Safety Ad-
ministration to verify that its systems conform with
the national intelligent transportation systems archi-
tecture, applicable standards, and protocols for com-
mercial vehicle information systems and networks.
632
(f) FEDERAL SHARE.—The Federal share of the cost
of a project payable from funds made available to carry
out this section shall not exceed 50 percent. The total Fed-
eral share of the cost of a project payable from all eligible
sources shall not exceed 80 percent.
(g) DEFINITIONS.—In this section, the following defi-
nitions apply:
(1) COMMERCIAL VEHICLE INFORMATION SYS-
TEMS AND NETWORKS.—The term ‘‘commercial ve-
hicle information systems and networks’’ means the
information systems and communications networks
that provide the capability to—
(A) improve the safety of commercial
motor vehicle operations;
(B) increase the efficiency of regulatory in-
spection processes to reduce administrative bur-
dens by advancing technology to facilitate in-
spections and increase the effectiveness of en-
forcement efforts;
(C) advance electronic processing of reg-
istration information, driver licensing informa-
tion, fuel tax information, inspection and crash
data, and other safety information;
633
(D) enhance the safe passage of commer-
cial motor vehicles across the United States and
across international borders; and
(E) promote the communication of infor-
mation among the States and encourage
multistate cooperation and corridor develop-
ment.
(2) 
COMMERCIAL
MOTOR
VEHICLE
OPER-
ATIONS.—The term ‘‘commercial motor vehicle
operations’’—
(A) means motor carrier operations and
motor vehicle regulatory activities associated
with the commercial motor vehicle movement of
goods, including hazardous materials, and pas-
sengers; and
(B) with respect to the public sector, in-
cludes the issuance of operating credentials, the
administration of motor vehicle and fuel taxes,
and roadside safety and border crossing inspec-
tion and regulatory compliance operations.
(3) CORE DEPLOYMENT.—The term ‘‘core de-
ployment’’ means the deployment of systems in a
State necessary to provide the State with the fol-
lowing capabilities:
(A) Safety information exchange to—
634
(i) electronically collect and transmit
commercial motor vehicle and driver in-
spection data at a majority of inspection
sites in the State;
(ii) connect to the safety and fitness
electronic records system for access to
interstate carrier and commercial motor
vehicle data, summaries of past safety per-
formance, and commercial motor vehicle
credentials information; and
(iii) exchange carrier data and com-
mercial motor vehicle safety and creden-
tials information within the State and con-
nect to such system for access to interstate
carrier and commercial motor vehicle data.
(B) Interstate credentials administration
to—
(i) perform end-to-end processing, in-
cluding carrier application, jurisdiction ap-
plication 
processing, 
and 
credential
issuance, of at least the international reg-
istration plan and international fuel tax
agreement credentials and extend this
processing to other credentials, including
intrastate registration, vehicle titling, over-
635
size vehicle permits, overweight vehicle per-
mits, carrier registration, and hazardous
materials permits;
(ii) connect to such plan and agree-
ment clearinghouses; and
(iii) have at least 10 percent of the
credentialing transaction volume in the
State handled electronically and have the
capability to add more carriers and to ex-
tend to branch offices where applicable.
(C) Roadside electronic screening to elec-
tronically screen transponder-equipped commer-
cial vehicles at a minimum of one fixed or mo-
bile inspection site in the State and to replicate
this screening at other sites in the State.
(4) EXPANDED DEPLOYMENT.—The term ‘‘ex-
panded deployment’’ means the deployment of sys-
tems in a State that exceed the requirements of a
core deployment of commercial vehicle information
systems and networks, improve safety and the pro-
ductivity of commercial motor vehicle operations,
and enhance transportation security.
(h) REPEAL.—Section 5209 of the Transportation
Equity Act for the 21st Century (23 U.S.C. 502 note; 112
Stat. 460–461) is repealed.
636
SEC. 4110. SAFETY FITNESS.
(a) IN GENERAL.—Section 31144(a) of title 49,
United States Code, is amended to read as follows:
‘‘(a) IN GENERAL.—The Secretary shall—
‘‘(1) determine whether an owner or operator is
fit to operate safely commercial motor vehicles, uti-
lizing among other things the accident record of an
owner or operator operating in interstate commerce
and the accident record and safety inspection record
of such owner or operator in operations that affect
interstate commerce;
‘‘(2) periodically update such safety fitness de-
terminations;
‘‘(3) make such final safety fitness determina-
tions readily available to the public; and
‘‘(4) prescribe by regulation penalties for viola-
tions of this section consistent with section 521.’’.
(b) PROHIBITED TRANSPORTATION.—The first sub-
section (c) of such section 31144 is amended by adding
at the end the following:
‘‘(5) 
TRANSPORTATION
AFFECTING
INTER-
STATE COMMERCE.—Owners or operators of com-
mercial motor vehicles prohibited from operating in
interstate commerce pursuant to paragraphs (1)
through (3) may not operate any commercial motor
vehicle that affects interstate commerce until the
637
Secretary determines that such owner or operator is
fit.’’.
(c) DETERMINATION OF UNFITNESS BY A STATE.—
Such section 31144 is further amended—
(1) by redesignating subsections (d), (e), and
the second subsection (c) as subsections (e), (f), and
(g), respectively;
(2) by inserting after the first subsection (c)
the following:
‘‘(d) DETERMINATION OF UNFITNESS BY A STATE.—
If a State that receives a grant under section 31102 deter-
mines, by applying the standards prescribed by the Sec-
retary under subsection (b), that an owner or operator of
commercial motor vehicles that has its principal place of
business in that State and operates in intrastate com-
merce is unfit under such standards and prohibits the
owner or operator from operating such vehicles in the
State, the Secretary shall prohibit the owner or operator
from operating such vehicles in interstate commerce until
the State determines that the owner or operator is fit.’’;
and
(3) in subsection (g) (as redesignated by para-
graph (1) of this subsection) by adding at the end
the following:
638
‘‘(5) GRANTS FOR AUDITS.—From amounts de-
ducted under section 31104(f)(3), the Secretary may
make grants to States and local governments for
new entrant motor carrier audits under this sub-
section without requiring a matching contribution
from such States or local governments.
‘‘(6) DOT AUDITS.—If the Secretary deter-
mines that a State or local government is unable to
use government employees to conduct new entrant
motor carrier audits, the Secretary may utilize the
funds deducted under section 31104(f)(3) to conduct
such audits in areas under the jurisdiction of such
State or local government.’’.
SEC. 4111. PATTERN OF SAFETY VIOLATIONS BY MOTOR
CARRIER OR BROKER MANAGEMENT.
(a) DUTIES OF EMPLOYERS AND EMPLOYEES.—Sec-
tion 31135 of title 49, United States Code, is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before
‘‘Each’’; and
(2) by adding at the end the following:
‘‘(b) PATTERN OF NONCOMPLIANCE.—If an officer of
a motor carrier or broker engages in a pattern or practice
of avoiding compliance, or masking or otherwise con-
cealing noncompliance, with regulations prescribed under
this chapter, the Secretary may suspend, amend, or revoke
639
any part of the registration of the motor carrier or broker
under section 13905.
‘‘(c) LIST OF PROPOSED OFFICERS.—Each person
seeking registration as a motor carrier under section
13902 or as a broker under section 13904 shall submit
a list of the proposed officers of the motor carrier or
broker. If the Secretary determines that any of the pro-
posed officers has previously engaged in a pattern or prac-
tice of avoiding compliance, or masking or otherwise con-
cealing noncompliance, with regulations prescribed under
this chapter, the Secretary may deny the person’s applica-
tion for registration as a motor carrier under section
13902(a)(3) or as a broker under section 13904(a).
‘‘(d) REGULATIONS.—The Secretary shall by regula-
tion establish standards to implement subsections (b) and
(c) and a procedure to allow a person who is denied reg-
istration under subsection (c) or whose registration is sus-
pended, amended, or revoked under subsection (b) to rem-
edy the pattern or practice that results in the denial, sus-
pension, amendment, or revocation.
‘‘(e) DEFINITIONS.—In this section, the following
definitions shall apply:
‘‘(1) MOTOR
CARRIER
AND
BROKER.—The
terms ‘motor carrier’ and ‘broker’ have the meanings
such terms have under section 13102.
640
‘‘(2) OFFICER.—The term ‘officer’ means an
owner, chief executive officer, chief operating officer,
chief financial officer, safety director, vehicle mainte-
nance supervisor, and driver supervisor of a motor
carrier, regardless of the title attached to those
functions.’’.
(b) 
MOTOR
CARRIER
REGISTRATION.—Section
13902(a)(1)(B) of such title is amended to read as follows:
‘‘(B)(i) any safety regulations imposed by
the Secretary;
‘‘(ii) the duties of employers and employees
established by the Secretary under section
31135; and
‘‘(iii) the safety fitness requirements estab-
lished by the Secretary under section 31144;
and’’.
SEC. 4112. MOTOR CARRIER RESEARCH AND TECHNOLOGY
PROGRAM.
(a) IN GENERAL.—Section 31108 of title 49, United
States Code, is amended to read as follows:
‘‘§ 31108. Motor carrier research and technology pro-
gram
‘‘(a) RESEARCH, TECHNOLOGY, AND TECHNOLOGY
TRANSFER ACTIVITIES.—
641
‘‘(1) 
ESTABLISHMENT.—The 
Secretary 
of
Transportation shall establish and carry out a motor
carrier research and technology program.
‘‘(2) MULTI-YEAR PLAN.—The program must
include a multi-year research plan that focuses on
nonredundant innovative research.
‘‘(3) RESEARCH, DEVELOPMENT, AND
TECH-
NOLOGY TRANSFER ACTIVITIES.—The Secretary may
carry out under the program research, development,
technology, and technology transfer activities with
respect to—
‘‘(A) the causes of accidents, injuries, and
fatalities involving commercial motor vehicles;
‘‘(B) means of reducing the number and
severity of accidents, injuries, and fatalities in-
volving commercial motor vehicles;
‘‘(C) improving commercial motor vehicle
and motor carrier safety, and industry effi-
ciency, through technological improvement;
‘‘(D) improving technology used by en-
forcement officers when conducting roadside in-
spections and compliance reviews to increase ef-
ficiency and information transfers; and
‘‘(E) increasing the safety and security of
hazardous materials transportation.
642
‘‘(4) TESTS
AND
DEVELOPMENT.—The Sec-
retary may test, develop, or assist in testing and de-
veloping any material, invention, patented article, or
process related to the research and technology pro-
gram.
‘‘(5) TRAINING.—The Secretary may use the
funds made available to carry out this section for
training or education of commercial motor vehicle
safety personnel, including training in accident re-
construction and detection of controlled substances
or other contraband and stolen cargo or vehicles.
‘‘(6) PROCEDURES.—The Secretary may carry
out this section—
‘‘(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, any Federal laboratory, State
agency, authority, association, institution, for-
profit or nonprofit corporation, organization,
foreign country, or person.
‘‘(7) DEVELOPMENT AND PROMOTION OF USE
OF PRODUCTS.—The Secretary shall use funds made
643
available to carry out this section to develop, admin-
ister, communicate, and promote the use of products
of research, technology, and technology transfer pro-
grams under this section.
‘‘(b) COLLABORATIVE RESEARCH
AND DEVELOP-
MENT.—
‘‘(1) IN GENERAL.—To advance innovative solu-
tions to problems involving commercial motor vehicle
and motor carrier safety, security, and efficiency,
and to stimulate the deployment of emerging tech-
nology, the Secretary may carry out, on a cost-
shared basis, collaborative research and development
with—
‘‘(A) non-Federal entities, including State
and local governments, foreign governments,
colleges and universities, corporations, institu-
tions, partnerships, and sole proprietorships
that are incorporated or established under the
laws of any State; and
‘‘(B) Federal laboratories.
‘‘(2) COOPERATIVE AGREEMENTS.—In carrying
out this subsection, the Secretary may enter into co-
operative research and development agreements (as
defined in section 12 of the Stevenson-Wydler Tech-
nology Innovation Act of 1980 (15 U.S.C. 3710a)).
644
‘‘(3) COST SHARING.—
‘‘(A) 
FEDERAL
SHARE.—The 
Federal
share of the cost of activities carried out under
a cooperative research and development agree-
ment entered into under this subsection shall
not exceed 50 percent; except that, if there is
substantial public interest or benefit associated
with any such activity, the Secretary may ap-
prove a greater Federal share.
‘‘(B) TREATMENT OF DIRECTLY INCURRED
NON-FEDERAL
COSTS.—All costs directly in-
curred by the non-Federal partners, including
personnel, travel, and hardware or software de-
velopment costs, shall be credited toward the
non-Federal share of the cost of the activities
described in subparagraph (A).
‘‘(4) USE OF TECHNOLOGY.—The research, de-
velopment, or use of a technology under a coopera-
tive research and development agreement entered
into under this subsection, including the terms
under which the technology may be licensed and the
resulting royalties may be distributed, shall be sub-
ject to the Stevenson-Wydler Technology Innovation
Act of 1980 (15 U.S.C. 3701 et seq.).’’.
645
(b) CONFORMING AMENDMENT.—The analysis for
chapter 311 of such title is amended by striking the item
relating to section 31108 and inserting the following:
‘‘31108. Motor carrier research and technology program.’’.
SEC. 4113. INTERNATIONAL COOPERATION.
(a) IN GENERAL.—Chapter 311 of title 49, United
States Code, is amended by adding at the end the fol-
lowing:
‘‘SUBCHAPTER IV—MISCELLANEOUS
‘‘§ 31161. International cooperation
‘‘The Secretary of Transportation is authorized to
use funds made available by section 31104(i) to partici-
pate and cooperate in international activities to enhance
motor carrier, driver, and highway safety by such means
as exchanging information, conducting research, and ex-
amining needs, best practices, and new technology.’’.
(b) CLERICAL AMENDMENT.—The analysis for such
chapter is amended by adding at the end the following:
‘‘SUBCHAPTER IV—MISCELLANEOUS
‘‘31161. International cooperation.’’.
SEC. 4114. PERFORMANCE AND REGISTRATION INFORMA-
TION SYSTEM MANAGEMENT.
(a) DESIGN AND CONDITIONS FOR PARTICIPATION.—
Section 31106(b) of title 49, United States Code, is
amended by striking paragraphs (2), (3), and (4) and in-
serting the following:
646
‘‘(2) DESIGN.—The program shall link Federal
motor carrier safety information systems with State
commercial vehicle registration and licensing systems
and shall be designed to enable a State to—
‘‘(A) determine the safety fitness of a
motor carrier or registrant when licensing or
registering the registrant or motor carrier or
while the license or registration is in effect; and
‘‘(B) deny, suspend, or revoke the commer-
cial motor vehicle registrations of a motor car-
rier or registrant that has been issued an oper-
ations out-of-service order by the Secretary.
‘‘(3) CONDITIONS
FOR
PARTICIPATION.—The
Secretary shall require States, as a condition of par-
ticipation in the program, to—
‘‘(A) comply with the uniform policies, pro-
cedures, and technical and operational stand-
ards prescribed by the Secretary under sub-
section (a)(4); and
‘‘(B) possess or seek the authority to deny,
suspend, or revoke commercial motor vehicle
registrations based on the issuance of an oper-
ations out-of-service order by the Secretary.’’.
(b) PERFORMANCE
AND REGISTRATION INFORMA-
TION SYSTEM MANAGEMENT GRANTS.—
647
(1) IN GENERAL.—Subchapter I of chapter 311
of title 49, United States Code, is further amended
by adding at the end the following:
‘‘§ 31109. Performance and registration information
system management
‘‘(a) IN GENERAL.—The Secretary of Transportation
may make a grant to a State to implement the perform-
ance and registration information system management re-
quirements of section 31106(b).
‘‘(b) AVAILABILITY OF AMOUNTS.—Amounts made
available to a State under this section shall remain avail-
able until expended.’’.
(2) CONFORMING AMENDMENT.—The analysis
for such subchapter is amended by adding at the
end the following:
‘‘31109. Performance and registration information system management.’’.
SEC. 4115. DATA QUALITY IMPROVEMENT.
Section 31106(a)(3) of title 49, United States Code,
is amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (D);
(2) by striking the period at the end of sub-
paragraph (E) and inserting a semicolon; and
(3) by adding at the end the following:
‘‘(F) ensure, to the maximum extent prac-
tical, all the data is complete, timely, and accu-
648
rate across all information systems and initia-
tives; and
‘‘(G) establish and implement a national
motor carrier safety data correction system.’’.
SEC. 4116. DRIVEAWAY SADDLEMOUNT VEHICLES.
(a) DEFINITION.—Section 31111(a) of tile 49,
United States Code, is amended by adding at the end of
the following:
‘‘(4) 
DRIVE-AWAY
SADDLEMOUNT
WITH
FULLMOUNT
VEHICLE
TRANSPORTER
COMBINA-
TION.—The term ‘drive-away saddlemount with
fullmount vehicle transporter combination’ means a
vehicle combination designed and specifically used to
tow up to 3 trucks or truck tractors, each connected
by a saddle to the frame or fifth-wheel of the for-
ward vehicle of the truck or truck tractor in front
of it.’’.
(b) GENERAL LIMITATIONS.—Section 31111(b)(1) of
such title is amended—
(1) by redesignating subparagraphs (D) and
(E) as subparagraphs (E) and (F), respectively; and
(2) by inserting after subparagraph (C) the fol-
lowing:
‘‘(D) imposes a vehicle length limitation of not
less than or more than 97 feet on a driveaway
649
saddlemount with fullmount vehicle transporter com-
binations;’’.
SEC. 4117. COMPLETION OF UNIFORM CARRIER REGISTRA-
TION.
(a) IN GENERAL.—Section 14504 of title 49, United
States Code, and the item relating to such section in anal-
ysis for chapter 145 of such title, are repealed.
(b) CONFORMING AMENDMENTS.—Section 13908 of
such title is amended—
(1) in subsection (a) by striking ‘‘the single
State registration system under section 14504,’’;
(2) in subsection (b)—
(A) by striking paragraphs (2) and (3);
and
(B) by redesignating paragraphs (4), (5),
and (6) as paragraphs (2), (3), and (4), respec-
tively;
(3) by striking subsection (d); and
(4) by striking ‘‘(e) DEADLINE FOR CONCLU-
SION; MODIFICATION.—’’ and all that follows
through ‘‘1996,’’ and inserting the following:
‘‘(d) DEADLINE FOR COMPLETION.—Not later than
1 year after the date of enactment of the Transportation
Equity Act: A Legacy for Users,’’.
650
SEC. 4118. REGISTRATION OF MOTOR CARRIERS AND
FREIGHT FORWARDERS.
(a) DEFINITIONS RELATING TO MOTOR CARRIERS.—
Paragraphs (6), (7), (12), and (13) of section 13102 of
title 49, United States Code, are each amended by striking
‘‘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 for-
warder (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 regula-
tions of the Secretary and Board.’’.
651
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)’’.
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 Ad-
ministration and the National Highway Traffic Safety Ad-
ministration.
(b) PROGRAM ELEMENTS.—The program shall in-
clude, at a minimum, the following:
(1) A program to promote a more comprehen-
sive and national effort to educate commercial motor
vehicle drivers and passenger vehicle drivers about
how commercial motor vehicle drivers and passenger
vehicle 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.
652
(3) A program to establish a public-private
partnership to provide resources and expertise for
the development and dissemination of information
relating to sharing the road referred to in para-
graphs (1) and (2) to each partner’s constituents
and to the general public through the use of bro-
chures, 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 pro-
grams 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 National Highway Traffic Safety Administration, for
each of fiscal years 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
653
Secretary may not require individuals with insulin-treated
diabetes mellitus who are applying for an exemption from
the physical qualification standards to have experience op-
erating commercial motor vehicles while using insulin in
order to be exempted from the physical qualification
standards to operate a commercial motor vehicle in inter-
state commerce.
(b) MINIMUM PERIOD OF INSULIN USE.—Subject to
subsection (a), the Secretary shall require individuals with
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
commerce. 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
physician. For individuals who have type 2 diabetes and
are converting to insulin use, the minimum period of insu-
lin 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 phys-
ical qualification in order to operate a commercial motor
vehicle in interstate commerce than other individuals ap-
plying to operate, or operating, a commercial motor vehicle
in interstate commerce; except to the extent that limited
654
operating, monitoring, and medical requirements are
deemed medically 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 operators and future operators in the safe use
of such vehicle.
(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 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
provide advice and recommendations to the Secretary on
commercial motor vehicle safety regulations and other
655
matters relating to activities and functions of the Federal
Motor Carrier Safety Administration.
(b) COMPOSITION.—The members of the advisory
committee shall be appointed by the Secretary and shall
include representatives of the motor carrier industry, driv-
ers, safety advocates, manufacturers, safety enforcement
officials, law enforcement agencies of border States, and
other individuals affected by rulemakings under consider-
ation by the Department of Transportation. Representa-
tives of a single interest group may not constitute a major-
ity 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 accu-
racy, 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
determines that the State has—
(1) conducted a comprehensive audit of its com-
mercial motor vehicle safety data system within the
preceding 2 years;
656
(2) developed a plan that identifies and
prioritizes its commercial motor vehicle safety data
needs and goals; and
(3) identified performance-based measures to
determine 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.
(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
activities and results of the program carried out under this
section, together with any recommendations the Secretary
determines appropriate.
657
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 mod-
ernize its commercial driver’s license information system
in accordance with subsection (c) if the State is in sub-
stantial compliance with the requirements of section
31311 of title 49, United States Code, and this section,
as determined by the Secretary. The Secretary shall estab-
lish criteria for the distribution 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.—
658
(1) IN GENERAL.—The Secretary may conduct
with grants under this section a 3-year pilot pro-
gram in no more than 3 States to evaluate a system
for sharing driver’s license information on all com-
mercial 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.
(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 sec-
tion to a State or organization may not be for more than
80 percent of the costs incurred by the State or organiza-
tion in a fiscal year in implementing the modernization
program 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;
659
(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
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
October 1 of the fiscal year for which they are au-
thorized, 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 contractual obligation for payment of the Govern-
ment’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-
660
cept as required in section 395.3 of title 49, Code of Fed-
eral Regulations, as in effect on the date of enactment
of this sentence, no additional off-duty time shall be re-
quired in order to operate such vehicle.’’.
SEC. 4127. SAFETY PERFORMANCE HISTORY SCREENING.
(a) IN GENERAL.—The Secretary shall provide per-
sons conducting preemployment screening services for the
motor carrier industry electronic access to the following
reports contained in the Motor Carrier Management Infor-
mation System:
(1) Commercial motor vehicle accident reports.
(2) Inspection reports that contain no driver-re-
lated safety violations.
(3) Serious driver-related safety violation in-
spection reports.
(b) CONDITIONS
ON PROVIDING ACCESS.—Before
providing a person access to the Motor Carrier Manage-
ment Information System under subsection (a), the Sec-
retary 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;
661
(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
expressly authorized or required by law; and
(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
subsection (a) shall be designed to assist the motor carrier
industry in assessing an individual operator’s crash and
serious safety violation inspection history as a preemploy-
ment condition. Use of the process shall not be mandatory
and may only be used during the preemployment assess-
ment of an operator-applicant.
(d) SERIOUS OPERATOR-RELATED SAFETY VIOLA-
TION DEFINED.—In this section, the term ‘‘serious oper-
ator-related violation’’ means a violation by an operator
of a commercial motor vehicle (as defined in section 31102
of title 49, United States Code) that the Secretary deter-
mines will result in the operator being prohibited from
662
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 pro-
viding notice and opportunity for comment, shall issue
regulations establishing a program to ensure that inter-
modal equipment used to transport intermodal containers
are safe.
(b) MOTOR CARRIER SAFETY REGULATIONS.—The
regulations under this section shall be issued as part of
the Federal motor carrier safety regulations of the De-
partment of Transportation.
(c) CONTENTS.—The regulations issued under this
section shall include, at a minimum—
(1) a requirement to identify providers of inter-
modal equipment that is interchanged or intended
for interchange to motor carriers in intermodal
transportation;
(2) a requirement to match such intermodal
equipment readily to the intermodal equipment pro-
vider through a unique identifying number;
663
(3) a requirement to ensure that each inter-
modal equipment provider maintains a system of
maintenance and repair records for such equipment;
(4) a requirement to evaluate the compliance of
intermodal equipment providers with the applicable
Federal motor carrier safety regulations;
(5) a provision that—
(A) establishes a civil penalty structure
consistent with section 521(b) of title 49,
United States Code, for intermodal equipment
providers that fail to attain satisfactory compli-
ance with applicable Federal motor carrier safe-
ty regulations; 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 investigation of a noncompliant intermodal equip-
ment provider; and
(7) an inspection and audit program of inter-
modal equipment providers.
664
(d) DEADLINE FOR RULEMAKING PROCEEDING.—
The regulations under this section shall be issued pursu-
ant 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 defi-
nitions apply:
(1) 
INTERMODAL
EQUIPMENT.—The 
term
‘‘intermodal equipment’’ means equipment that is
commonly used in the intermodal transportation of
freight over public highways in interstate commerce
(as defined in section 31132 of title 49, United
States Code), including trailers, chassis, and any as-
sociated 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
665
the motor carrier’s over-the-road freight hauling op-
erations.
(f) INSPECTION, REPAIR, AND MAINTENANCE
OF
INTERMODAL EQUIPMENT.—Section 31136 of title 49,
United States Code, is amended by adding at the end the
following:
‘‘(g) INSPECTION, REPAIR, AND MAINTENANCE OF
INTERMODAL EQUIPMENT.—The Secretary, or an em-
ployee of the Department of Transportation designated by
the Secretary, may inspect intermodal equipment, and
copy related maintenance and repair records for such
equipment, on demand and display of proper credentials
to inspect intermodal equipment.’’.
(g) JURISDICTION OVER EQUIPMENT PROVIDERS.—
Section 31132(1) of such title is amended by inserting
after ‘‘towed vehicle’’ the following: ‘‘(including intermodal
equipment, including trailers, chassis and associated de-
vices, commonly used for the transportation of intermodal
freight via highway)’’.
SEC. 4129. SUBSTANCE ABUSE PROFESSIONALS.
The Secretary shall conduct a rulemaking to permit
State licensed or certified mental health counselors or ad-
diction specialists certified by the American Academy of
Health Care Providers in the Addictive Disorders to act
666
as substance abuse professionals under subpart O of part
40 of title 49, Code of Federal Regulations.
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
driver), regardless of the distance traveled.
SEC. 4131. HOURS OF SERVICE FOR OPERATORS OF UTIL-
ITY SERVICE VEHICLES.
Section 345 of the National Highway System Des-
ignation Act of 1995 (49 U.S.C. 31136 note; 109 sTAT.
613) is amended—
(1) in subsection (a) by striking paragraph (4)
and inserting the following:
‘‘(4) OPERATORS OF UTILITY SERVICE VEHI-
CLES.—
‘‘(A) INAPPLICABILITY OF FEDERAL REGU-
LATIONS.—Such regulations shall not apply to
a driver of a utility service vehicle.
‘‘(B) PROHIBITION
ON
STATE
REGULA-
TIONS.—A State, a political subdivision of a
State, an interstate agency, or other entity con-
sisting of 2 or more States, shall not enact or
667
enforce any law, rule, regulation, or standard
that imposes requirements on a driver of a util-
ity service vehicle that are similar to the re-
quirements contained in such regulations.’’.
(2) in subsection (b) by striking ‘‘Nothing’’ and
inserting ‘‘Except as provided in subsection (a)(4),
nothing’’; and
(3) in the first sentence of subsection (c) by
striking ‘‘paragraph (2)’’ and inserting ‘‘an exemp-
tion under paragraph (2) or (4)’’.
SEC. 4132. HOURS OF SERVICE RULES FOR OPERATORS
PROVIDING 
TRANSPORTATION 
TO 
MOVIE
PRODUCTION SITES.
Notwithstanding sections 31136 and 31502 of title
49, United States Code, and any other provision of law,
the maximum daily hours of service for an operator of a
commercial motor vehicle providing transportation of
property or passengers to or from a theatrical or television
motion picture production site located within a 100 air
mile radius of the work reporting location of such operator
shall be those in effect under the regulations in effect
under such sections on April 27, 2003.
668
SEC. 4133. TECHNICAL CORRECTIONS.
(a) 
INTERMODAL
TRANSPORTATION
ADVISORY
BOARD.—Section 5502(b) of title 49, United States Code,
is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(4);
(2) by striking the period at the end of para-
graph (5) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(6) the Federal Motor Carrier Safety Adminis-
tration.’’.
(b) REFERENCE TO AGENCY.—Section 31502(e) of
such title is amended—
(1) in paragraph (2) by striking ‘‘Regional Di-
rector of the Federal Highway Administration’’ and
inserting ‘‘Field Administrator of the Federal Motor
Carrier Safety Administration’’; and
(2) in paragraph (3) by striking ‘‘Regional Di-
rector’’ and inserting ‘‘Field Administrator’’.
SEC. 4134. OPERATORS OF VEHICLES TRANSPORTING AGRI-
CULTURAL COMMODITIES AND FARM SUP-
PLIES.
(a) AGRICULTURAL EXEMPTION.—Section 345(a)(1)
of the National Highway System Designation Act of 1995
(49 U.S.C. 31136 note; 109 Stat. 613) is amended to read
as follows:
669
‘‘(1) TRANSPORTATION OF AGRICULTURAL COM-
MODITIES AND FARM SUPPLIES.—Regulations pre-
scribed by the Secretary under sections 31136 and
31502 of title 49, United States Code, regarding
maximum driving and on-duty time for drivers used
by motor carriers shall not apply during planting
and harvest periods, as determined by each State to
drivers transporting agricultural commodities or
farm supplies for agricultural purposes in a State if
such transportation is limited to an area within a
100 air mile radius from the source of the commod-
ities or the distribution point for the farm sup-
plies.’’.
(b) DEFINITIONS.—Section 345(e) of such Act of
1995 (109 Stat. 614) is amended by adding at the end
the following:
‘‘(7) AGRICULTURAL
COMMODITY.—The term
‘agricultural commodity’ means products grown on
and harvested from the land during the planting and
harvesting seasons within each State, as determined
by the State.
‘‘(8) FARM SUPPLIES FOR AGRICULTURAL PUR-
POSES.—The term ‘farm supplies for agricultural
purposes’ means products directly related to the
growing or harvesting of agricultural commodities
670
during the planting and harvesting seasons within
each State, as determined by the State, and livestock
feed at any time of the year.’’.
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 amend-
ed by inserting ‘‘intrastate’’ before ‘‘transportation’’.
(b) ENFORCEMENT
OF
CONSUMER
PROTECTION
WITH RESPECT
TO INTERSTATE HOUSEHOLD GOODS
CARRIERS.—Chapter 145 of such title is amended by add-
ing at the end the following:
‘‘§ 14506. Enforcement of Federal regulations by State
attorneys general
‘‘(a) IN GENERAL.—A State, as parens patriae, may
bring a civil action on behalf of a resident of the State
in an appropriate district court of the United States to
enforce a regulation or order of the Secretary or Board—
‘‘(1) to protect an individual shipper of house-
hold goods if such regulation or order governs the
delivery of the shipper’s household goods; or
671
‘‘(2) to impose a civil penalty under section
14915 whenever the attorney general of the State
has reason to believe that the interests of the resi-
dents of the State have been or are being threatened
or adversely affected by—
‘‘(A) a carrier or broker providing trans-
portation of household goods subject to jurisdic-
tion under subchapter I or III of chapter 135
who is committing repeat violations of section
14915; or
‘‘(B) a foreign motor carrier providing
transportation of household goods who is reg-
istered under section 13902 and who is commit-
ting repeat violations of section 14915.
‘‘(b) LIMITATION ON STATUTORY CONSTRUCTION.—
Nothing in this section shall be construed—
‘‘(1) as preventing an attorney general from ex-
ercising the powers conferred on the attorney gen-
eral by the laws of such State to conduct investiga-
tions or to administer oaths or affirmations or to
compel the attendance of witnesses or the production
of documentary and other evidence;
‘‘(2) as prohibiting a State official from pro-
ceeding in State court to enforce a criminal statute
of the State;
672
‘‘(3) as authorizing a State or political subdivi-
sion of a State to bring an enforcement action under
a consumer protection law, regulation, or other pro-
vision of the State relating to interstate transpor-
tation of household goods (as defined in section
13102(10)(A)) with respect to an activity that is in-
consistent with Federal laws and regulations relating
to interstate transportation of household goods; or
‘‘(4) as authorizing a State, as parens patriae,
to bring a class civil action on behalf of its residents
to enforce a regulation or order of the Secretary or
Board.
‘‘(c) ACTIONS
BY
THE SECRETARY
OR BOARD.—
Whenever a civil action has been instituted by or on behalf
of the Secretary or Board for violation of section 14915,
no State may, during the pendency of such action, insti-
tute a civil action under subsection (a) against any defend-
ant named in the complaint relating to such violation.
‘‘(d) VENUE; SERVICE OF PROCESS.—Any civil ac-
tion to be brought under subsection (a) in a district court
of the United States may be brought in the district in
which the defendant is found, is an inhabitant, or trans-
acts business or wherever venue is proper under section
1391 of title 28. Process in such an action may be served
673
in any district in which the defendant is an inhabitant or
in which the defendant may be found.’’.
(c) CONFORMING AMENDMENT.—The analysis for
such chapter is amended by adding at the end the fol-
lowing:
‘‘14506. Enforcement of Federal regulations by State attorneys general.’’.
SEC. 4202. ARBITRATION REQUIREMENTS.
(a) OFFERING SHIPPERS ARBITRATION.—Section
14708(a) of title 49, United States Code, is amended by
inserting before the period at the end the following: ‘‘and
to determine whether carrier charges, in addition to those
collected at delivery, must be paid by the shipper for trans-
portation and services related to the transportation of
household goods’’.
(b) THRESHOLD FOR BINDING ARBITRATION.—Sec-
tion 14708(b)(6) of such title is amended by striking
‘‘$5,000’’ each place it appears and inserting ‘‘$10,000’’.
(c) DEADLINE FOR DECISION.—Section 14708(b)(8)
of such title is amended—
(1) by striking ‘‘and’’; and
(2) by inserting after ‘‘for damages’’ the fol-
lowing: ‘‘, and an order requiring the payment of ad-
ditional carrier charges’’.
(d) ATTORNEY’S
FEES
TO
SHIPPERS.—Section
14708(d)(3) of such title is amended—
674
(1) by redesignating subparagraphs (A) and
(B) as subparagraphs (B) and (C), respectively; and
(2) by inserting before subparagraph (B) (as so
redesignated) the following:
‘‘(A) the shipper was not advised by the carrier
during the claim settlement process that a dispute
settlement program was available to resolve the dis-
pute;’’.
SEC. 4203. CIVIL PENALTIES RELATING TO HOUSEHOLD
GOODS 
BROKERS 
AND 
UNAUTHORIZED
TRANSPORTATION.
Section 14901(d) of title 49, United States Code, is
amended—
(1) by striking ‘‘If a carrier’’ and inserting the
following:
‘‘(1) IN GENERAL.—If a carrier’’; and
(2) by adding at the end the following:
‘‘(2) ESTIMATE OF BROKER WITHOUT CARRIER
AGREEMENT.—If a broker for transportation of
household goods subject to jurisdiction under sub-
chapter I of chapter 135 makes an estimate of the
cost of transporting any such goods before entering
into an agreement with a carrier to provide trans-
portation of household goods subject to such juris-
diction, the broker is liable to the United States for
675
a civil penalty of not less than $10,000 for each vio-
lation.
‘‘(3) UNAUTHORIZED TRANSPORTATION.—If a
person provides transportation of household goods
subject to jurisdiction under subchapter I of chapter
135 or provides broker services for such transpor-
tation without being registered under chapter 139 to
provide such transportation or services as a motor
carrier or broker, as the case may be, such person
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 fol-
lowing:
‘‘§ 14915. Holding household goods hostage
‘‘(a) HOLDING HOUSEHOLD GOODS HOSTAGE DE-
FINED.—For purposes of this section, the term ‘holding
household goods hostage’ means the knowing and willful
refusal to relinquish possession of a shipment of household
goods described in section 13102(10)(A) upon payment of
not more than 100 percent of a binding estimate (or, in
the case of a nonbinding estimate, not more than 110 per-
cent of the estimated charges for such shipment).
676
‘‘(b) CIVIL PENALTY.—Whoever is found holding a
household goods shipment hostage is liable to the United
States for a civil penalty of not less than $10,000 for each
violation. If such person is a carrier or broker, the Sec-
retary may suspend for a period of not less than 6 months
the registration of such carrier or broker under chapter
139.
‘‘(c) CRIMINAL PENALTY.—A motor carrier that has
been convicted of knowingly and willfully holding house-
hold goods hostage by falsifying documents or demanding
the payment of charges for services that were not per-
formed or were not necessary in the safe and adequate
movement of a shipment of household goods shall be fined
under title 18, or imprisoned not more than 2 years, or
both.’’.
(b) CONFORMING AMENDMENT.—The analysis for
such chapter is amended by adding at the end the fol-
lowing:
‘‘14915. Holding household goods hostage.’’.
SEC. 4205. WORKING GROUP FOR DEVELOPMENT OF PRAC-
TICES AND PROCEDURES TO ENHANCE FED-
ERAL-STATE RELATIONS.
(a) IN GENERAL.—Not later than 90 days after the
date of enactment of this Act, the Secretary shall establish
a working group of State attorneys general, State con-
sumer protection administrators, and Federal and local
677
law enforcement officials for the purpose of developing
practices and procedures to enhance the Federal-State
partnership in enforcement efforts, exchange of informa-
tion, and coordination of enforcement efforts with respect
to interstate transportation of household goods and of
making legislative and regulatory recommendations to the
Secretary concerning such enforcement efforts.
(b) CONSULTATION.—In carrying out subsection (a),
the working group shall consult with industries involved
in the transportation of household goods.
(c) FEDERAL ADVISORY COMMITTEE ACT EXEMP-
TION.—The Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply to the working group established
under subsection (a).
(d) TERMINATION DATE.—The working group shall
remain in effect until September 30, 2009.
SEC. 4206. CONSUMER HANDBOOK ON DOT WEB SITE.
Not later than 1 year after the date of enactment
of this Act, the Secretary shall take such action as may
be necessary to ensure that publication ESA 03005 of the
Federal Motor Carrier Safety Administration entitled
‘‘Your Rights and Responsibilities When You Move’’, is
prominently displayed, and available in language that is
readily understandable by the general public, on the Web
site of the Department of Transportation.
678
SEC. 4207. RELEASE OF HOUSEHOLD GOODS BROKER IN-
FORMATION.
Not later than 1 year after the date of enactment
of this Act, the Secretary shall modify the regulations con-
tained in part 375 of title 49, Code of Federal Regula-
tions, to require a broker that is subject to such regula-
tions to provide shippers with the following information
whenever they have contact with a shipper or potential
shipper:
(1) The Department of Transportation number
of the broker.
(2) The ESA 03005 publication referred to in
section 4206 of this Act.
(3) A list of all motor carriers providing trans-
portation of household goods used by the broker and
a statement that the broker is not a motor carrier
providing transportation of household goods.
SEC. 4208. CONSUMER COMPLAINT INFORMATION.
(a) ESTABLISHMENT OF SYSTEM.—Not later than 1
year after the date of enactment of this Act, the Secretary
shall—
(1) establish a system for filing and logging
consumer complaints relating to motor carriers pro-
viding transportation of household goods and for
compiling complaint information gathered by the De-
partment of Transportation and the States with re-
679
gard to such carriers, a database of the complaints,
and a procedure for the public to have access to ag-
gregated information and for carriers to challenge
duplicate or fraudulent information in the database;
and
(2) issue regulations requiring each motor car-
rier of household goods to submit on a quarterly
basis a report summarizing—
(A) the number of shipments that originate
and are delivered for individual shippers during
the reporting period by the carrier;
(B) the number and general category of
complaints lodged by consumers with the car-
rier;
(C) the number of claims filed with the
carrier for loss and damage in excess of $500;
(D) the number of such claims resolved
during the reporting period;
(E) the number of such claims declined in
the reporting period; and
(F) the number of such claims that are
pending at the close of the reporting period.
(b) USE OF INFORMATION.—The Secretary shall con-
sider information in the data base established under sub-
680
section (a) in its household goods compliance and enforce-
ment program.
SEC. 4209. INSURANCE REGULATIONS.
(a) REVIEW.—Not later than 1 year after the date
of enactment of this Act, the Secretary shall undertake
a review of the current Federal regulations regarding in-
surance coverage provided by motor carriers providing
transportation of household goods and revise such regula-
tions in order to provide enhanced protection for shippers
in the case of loss or damage as determined necessary.
(b) DETERMINATIONS.—The review shall include, but
not be limited to, a determination of—
(1) whether the current regulations provide ade-
quate protection for shippers;
(2) whether an individual shipper should pur-
chase insurance as opposed to the carrier; and
(3) whether there are abuses of the current reg-
ulations that leave the shipper unprotected in loss
and damage claims.
SEC. 4210. ESTIMATING REQUIREMENTS.
Section 14104(b)(1) of title 49, United States Code,
is amended to read as follows:
‘‘(1) REQUIRED TO BE IN WRITING.—
‘‘(A) IN GENERAL.—Except as otherwise
provided in this subsection, every motor carrier
681
providing transportation of household goods de-
scribed in section 13102(10)(A) subject to ju-
risdiction under subchapter I of chapter 135
shall conduct a physical survey of the household
goods to be transported on behalf of a prospec-
tive individual shipper and shall provide the
shipper with a written estimate of charges for
the transportation and all related services.
‘‘(B) WAIVER.—A shipper may elect to
waive a physical survey under this paragraph by
written agreement signed by the shipper before
the shipment is loaded. A copy of the waiver
agreement must be retained as an addendum to
the bill of lading and shall be subject to the
same record inspection and preservation re-
quirements of the Secretary as are applicable to
bills of lading.
‘‘(C) ESTIMATE.—
‘‘(i) IN GENERAL.—Notwithstanding a
waiver under subparagraph (B), a carrier’s
statement of charges for transportation
must be submitted to the shipper in writ-
ing and must indicate whether it is binding
or nonbinding.
682
‘‘(ii) BINDING.—A binding estimate
under this paragraph must indicate that
the carrier and shipper are bound by such
charges. The carrier may impose a charge
for providing a written binding estimate.
‘‘(iii) NONBINDING.—A nonbinding
estimate under this paragraph must indi-
cate that the actual charges will be based
upon the actual weight of the individual
shipper’s shipment and the carrier’s lawful
tariff charges. The carrier may not impose
a charge for providing a nonbinding esti-
mate.’’.
SEC. 4211. APPLICATION OF STATE CONSUMER PROTEC-
TION LAWS TO CERTAIN HOUSEHOLD GOODS
CARRIERS.
(a) STUDY.—The Comptroller General shall conduct
a study on the current consumer protection authorities
and actions of the Department of Transportation and the
impact on shippers and carriers of houshold goods involved
in interstate transportation of allowing State attorneys
general to apply State consumer protection laws to such
transportation.
683
(b) MATTERS TO BE CONSIDERED.—In conducting
the study, the Comptroller General shall consider, at a
minimum—
(1) the level of consumer protection being pro-
vided to consumers through Federal household goods
regulations and how household goods regulations re-
lating to consumer protection compare to regulations
relating to consumer protection for other modes of
transportation regulated by the Department of
Transportation;
(2) the history and background of State en-
forcement of State consumer protection laws on
household goods carriers providing intrastate trans-
portation and what effects such laws have on the
ability of intrastate household goods carriers to op-
erate;
(3) what operational impacts, if any, would re-
sult on household goods carriers engaged in inter-
state commerce being subject to the State consumer
protection laws; and
(4) the potential for States to regulate rates or
other business operations if State consumer protec-
tion laws applied to interstate household goods
movements.
684
(c) CONSULTATION.—In conducting the study, the
Comptroller General shall consult with the Secretary,
State attorneys general, consumer protection agencies,
and the household goods industry.
(d) REPORT.—Not later than 18 months after the
date of enactment of this Act, the Comptroller General
shall transmit to the Committee of Transportation and In-
frastructure of the House of Representatives and the Com-
mittee on Commerce, Science and Transportation of the
Senate a report on the results of the study.
SEC. 4212. APPLICABILITY TO HOUSEHOLD GOODS MOTOR
CARRIERS.
(a) IN GENERAL.—The provisions of title 49, United
States Code, and this Act (including any amendments
made by this Act) relating to the transportation of house-
hold goods shall only apply to household goods motor car-
riers.
(b) HOUSEHOLD
GOODS
MOTOR
CARRIER
DE-
FINED.—In this section, the term ‘‘household goods motor
carrier’’ means a motor carrier as defined in section
13102(12) of title 49, United States Code, which, in the
ordinary course of its business of providing transportation
of household goods, offers some or all of the following ad-
ditional services: binding and nonbinding estimates,
inventorying, protective packing and unpacking of indi-
685
vidual items, and loading and unloading at personal resi-
dences.
TITLE V—TRANSPORTATION
RESEARCH AND EDUCATION
Subtitle A—Funding
SEC. 5101. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—The following sums are author-
ized to be appropriated out of the Highway Trust Fund
(other than the Mass Transit Account):
(1) SURFACE TRANSPORTATION RESEARCH, DE-
VELOPMENT, 
AND
DEPLOYMENT
PROGRAM.—To
carry out sections 502, 503, 506, 507, 509, and 510
of title 23, United States Code, and sections 5207,
5210, 5211, and 5402 of this title—
(A) $169,000,000 for fiscal year 2004;
(B) $239,500,000 for fiscal year 2005;
(C) $239,500,000 for fiscal year 2006;
(D) $239,500,000 for fiscal year 2007;
(E) $239,500,000 for fiscal year 2008; and
(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.
686
(3) BUREAU
OF
TRANSPORTATION
STATIS-
TICS.—For the Bureau of Transportation Statistics
to carry out section 111 of title 49, United States
Code, $31,000,000 for fiscal year 2004 and
$33,000,000 for each of fiscal years 2005 through
2009.
(4) 
UNIVERSITY
TRANSPORTATION
RE-
SEARCH.—To carry out sections 5505 and 5506 of
title 49, United States Code, $54,500,000 for fiscal
year 2004 and $71,000,000 for each of fiscal years
2005 through 2009.
(5) INTELLIGENT
TRANSPORTATION
SYSTEMS
(ITS) RESEARCH.—To carry out subtitle F of this
title, $115,000,000 for each of fiscal years 2004
through 2009.
(6) ITS DEPLOYMENT.—To carry out sections
5208 and 5209 of the Transportation Equity Act for
the 21st Century (112 Stat. 458; 112 Stat. 460),
$100,000,000 for fiscal year 2004.
(b) APPLICABILITY OF TITLE 23, UNITED STATES
CODE.—Funds authorized to be appropriated by sub-
section (a) shall be available for obligation in the same
manner as if such funds were apportioned under chapter
1 of title 23, United States Code; except that the Federal
share of the cost of a project or activity carried out using
687
such funds shall be 50 percent, unless otherwise expressly
provided by this Act (including the amendments made by
this Act) or otherwise determined by the Secretary, and
such funds shall remain available until expended and shall
not be transferable.
SEC. 5102. OBLIGATION CEILING.
Notwithstanding any other provision of law, the total
of all obligations from amounts made available from the
Highway Trust Fund (other than the Mass Transit Ac-
count) by sections 5101(a) and 5401 of this Act shall not
exceed $483,000,000 for fiscal year 2004, $484,000,000
for fiscal year 2005, $485,000,000 for fiscal year 2006,
$485,000,000 for fiscal year 2007, $486,000,000 for fis-
cal year 2008, and $487,000,000 for fiscal year 2009.
SEC. 5103. FINDINGS.
The Congress finds the following:
(1) Research and development are critical to de-
veloping and maintaining a transportation system
that meets the goals of safety, mobility, economic vi-
tality, efficiency, equity, and environmental protec-
tion.
(2) Federally sponsored surface transportation
research and development has produced many suc-
cesses. The development of rumble strips has in-
creased safety; research on materials has increased
688
the lifespan of pavements, saving money and reduc-
ing the disruption caused by construction; and Geo-
graphic Information Systems have improved the
management and efficiency of transit fleets.
(3) Despite these important successes, the Fed-
eral surface transportation research and develop-
ment investment represents less than one percent of
overall government spending on surface transpor-
tation.
(4) While Congress increased funding for over-
all transportation programs by about 40 percent in
the Transportation Equity Act for the 21st Century,
funding for transportation research and development
remained relatively flat.
(5) The Federal investment in research and de-
velopment should be balanced between short-term
applied and long-term fundamental research and de-
velopment. The investment should also cover a wide
range of research areas, including research on mate-
rials and construction, research on operations, re-
search on transportation trends and human factors,
and research addressing the institutional barriers to
deployment of new technologies.
(6) Therefore, Congress finds that it is in the
United States interest to increase the Federal in-
689
vestment in transportation research and develop-
ment, and to conduct research in critical research
gaps, in order to ensure that the transportation sys-
tem meets the goals of safety, mobility, economic vi-
tality, efficiency, equity, and environmental protec-
tion.
Subtitle B—Research, Technology,
and Education
SEC. 5201. RESEARCH, TECHNOLOGY, AND EDUCATION.
(a) RESEARCH, TECHNOLOGY, AND EDUCATION.—
Title 23, United States Code, is amended—
(1) in the table of chapters by striking the item
relating to chapter 5 and inserting the following:
‘‘5. RESEARCH, TECHNOLOGY, AND EDUCATION ...............
501’’.
(2) by striking the heading for chapter 5 and
inserting the following:
‘‘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:
690
‘‘(a) BASIC PRINCIPLES GOVERNING RESEARCH AND
TECHNOLOGY INVESTMENTS.—
‘‘(1) COVERAGE.—Surface transportation re-
search and technology development shall include all
activities leading to technology development and
transfer, as well as the introduction of new and in-
novative ideas, practices, and approaches, through
such mechanisms as field applications, education and
training, and technical support.
‘‘(2) FEDERAL RESPONSIBILITY.—Funding and
conducting surface transportation research and tech-
nology transfer activities shall be considered a basic
responsibility of the Federal Government when the
work—
‘‘(A) is of national significance;
‘‘(B) supports research in which there is a
clear public benefit and private sector invest-
ment is less than optimal;
‘‘(C) supports a Federal stewardship role
in assuring that State and local governments
use national resources efficiently; or
‘‘(D) presents the best means to support
Federal policy goals compared to other policy
alternatives.
691
‘‘(3) ROLE.—Consistent with these Federal re-
sponsibilities, the Secretary shall—
‘‘(A) conduct research;
‘‘(B) support and facilitate research and
technology transfer activities by State highway
agencies;
‘‘(C) share results of completed research;
and
‘‘(D) support and facilitate technology and
innovation deployment.
‘‘(4) PROGRAM CONTENT.—A surface transpor-
tation research program shall include—
‘‘(A) fundamental, long-term highway re-
search;
‘‘(B) research aimed at significant highway
research gaps and emerging issues with na-
tional implications; and
‘‘(C) research related to policy and plan-
ning.
‘‘(5) STAKEHOLDER
INPUT.—Federal surface
transportation research and development activities
shall address the needs of stakeholders. Stakeholders
include States, metropolitan planning organizations,
local governments, the private sector, researchers,
692
research sponsors, and other affected parties, includ-
ing public interest groups.
‘‘(6) COMPETITION
AND
PEER
REVIEW.—Ex-
cept as otherwise provided in this Act, the Secretary
shall award all grants, contracts, and cooperative
agreements for research and development under this
Act based on open competition and peer review of
proposals.
‘‘(7) PERFORMANCE
REVIEW
AND
EVALUA-
TION.—To the maximum extent practicable, all sur-
face 
transportation 
research 
and 
development
projects shall include a component of performance
measurement and evaluation. Performance measures
shall be established during the proposal stage of a
research and development project and shall, to the
maximum extent possible, be outcome-based. All
evaluations shall be made readily available to the
public.’’.
(c) PROCUREMENT FOR RESEARCH, DEVELOPMENT,
AND
TECHNOLOGY
TRANSFER
ACTIVITIES.—Section
502(b)(3) of such title (as redesignated by subsection (b)
of this section) is amended to read as follows:
‘‘(3) 
COOPERATION, 
GRANTS, 
AND
CON-
TRACTS.—The Secretary may carry out research, de-
693
velopment, and technology transfer activities related
to transportation—
‘‘(A) independently;
‘‘(B) in cooperation with other Federal de-
partments, agencies, and instrumentalities and
Federal laboratories; or
‘‘(C) by making grants to, or entering into
contracts, cooperative agreements, and other
transactions with one or more of the following:
the National Academy of Sciences, the Amer-
ican Association of State Highway and Trans-
portation Officials, any Federal laboratory,
Federal agency, State agency, authority, asso-
ciation, institution, for-profit or nonprofit cor-
poration, organization, foreign country, any
other person.’’.
(d) TRANSPORTATION POOLED FUND PROGRAM.—
Section 502(b) of such title (as redesignated by subsection
(b) of this section), is amended by adding at the end the
following:
‘‘(6) POOLED FUNDING.—
‘‘(A) COOPERATION.—To promote effective
utilization of available resources, the Secretary
may cooperate with a State and an appropriate
agency in funding research, development, and
694
technology transfer activities of mutual interest
on a pooled funds basis.
‘‘(B) SECRETARY
AS
AGENT.—The Sec-
retary may enter into contracts, cooperative
agreements, grants, and other transactions as
agent for all participating parties in carrying
out such research, development, or technology
transfer.’’.
(e) OPERATIONS ELEMENTS IN RESEARCH ACTIVI-
TIES.—Section 502 of such title is further amended—
(1) in subsection (b)(1)(B) (as redesignated by
subsection (b) of this section) by inserting ‘‘trans-
portation system management and operations,’’ after
‘‘operation,’’.
(2) in subsection (d)(5)(C) (as redesignated by
subsection (b) of this section) by inserting ‘‘system
management and’’ after ‘‘transportation’’; and
(3) by inserting at the end of subsection (d) (as
redesignated by subsection (b) of this section) the
following:
‘‘(12) Investigation and development of various
operational methodologies to reduce the occurrence
and impact of recurrent congestion and nonrecurrent
congestion and increase transportation system reli-
ability.
695
‘‘(13) Investigation of processes, procedures,
and technologies to secure container and hazardous
material transport, including the evaluation of regu-
lations and the impact of good security practices on
commerce and productivity.
‘‘(14) Research, development, and technology
transfer related to asset management.’’.
(f) FACILITATING TRANSPORTATION RESEARCH AND
TECHNOLOGY
DEPLOYMENT
PARTNERSHIPS.—Section
502(c)(2) of such title (as redesignated by subsection (b)
of this section) is amended to read as follows:
‘‘(2) COOPERATION, GRANTS, CONTRACTS, AND
AGREEMENTS.—Notwithstanding any other provision
of law, the Secretary may directly initiate contracts,
cooperative research and development agreements
(as defined in section 12 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C.
3710a)), and other transactions to fund, and accept
funds from, the Transportation Research Board of
the National Research Council of the National Acad-
emy of Sciences, State departments of transpor-
tation, cities, counties, and their agents to conduct
joint transportation research and technology ef-
forts.’’.
696
(g) EXPLORATORY
ADVANCED
RESEARCH
PRO-
GRAM.—Section 502(e) of such title (as redesignated by
subsection (b) of this section) is amended to read as fol-
lows:
‘‘(e) EXPLORATORY ADVANCED RESEARCH.—
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish an exploratory advanced research program, con-
sistent with the surface transportation research and
technology development strategic plan developed
under section 508 that involves and draws upon
basic research results to provide a better under-
standing of problems and develop innovative solu-
tions. In carrying out the program, the Secretary
shall strive to develop partnerships with public and
private sector entities.
‘‘(2) RESEARCH AREAS.—In carrying out the
program, the Secretary may make grants and enter
into cooperative agreements and contracts in such
areas of surface transportation research and tech-
nology as the Secretary determines appropriate, in-
cluding the following:
‘‘(A) Characterization of materials used in
highway infrastructure, including analytical
techniques, microstructure modeling, and the
deterioration processes.
697
‘‘(B) Assessment of the effects of transpor-
tation decisions on human health.
‘‘(C) Development of surrogate measures
of safety.
‘‘(D) Environmental research.
‘‘(E) Data acquisition techniques for sys-
tem condition and performance monitoring.
‘‘(F) System performance data and infor-
mation processing needed to assess the day-to-
day operational performance of the system in
support of hour-to-hour operational decision-
making.’’.
(h) LONG-TERM PAVEMENT PERFORMANCE PRO-
GRAM.—
(1) IN GENERAL.—Section 502(f) of such title
(as redesignated by subsection (b) of this section) is
amended to read as follows:
‘‘(f) LONG-TERM PAVEMENT PERFORMANCE PRO-
GRAM.—
‘‘(1) AUTHORITY.—The Secretary shall com-
plete the 20-year long-term pavement performance
program tests initiated under the strategic highway
research program established under section 307(d)
(as in effect on June 8, 1998).
698
‘‘(2) GRANTS, COOPERATIVE AGREEMENTS, AND
CONTRACTS.—Under the program, the Secretary
shall make grants and enter into cooperative agree-
ments and contracts to—
‘‘(A) monitor, material-test, and evaluate
highway test sections in existence as of the date
of the grant, agreement, or contract;
‘‘(B) analyze the data obtained under sub-
paragraph (A); and
‘‘(C) prepare products to fulfill program
objectives and meet future pavement technology
needs.’’.
(2) FUNDING.—Of the amounts made available
by section 5101(a)(1) of this Act, $10,000,000 for
fiscal year 2004 and $21,000,000 for each of fiscal
years 2004 through 2009 shall be available to carry
out section 502(f) of title 23, United States Code.
(i) TURNER-FAIRBANK HIGHWAY RESEARCH CEN-
TER.—Section 502 of title 23, United States Code, is fur-
ther amended by adding at the end the following:
‘‘(i) TURNER-FAIRBANK HIGHWAY RESEARCH CEN-
TER.—
‘‘(1) IN GENERAL.—The Secretary shall operate
in the Federal Highway Administration a Turner-
Fairbank Highway Research Center.
699
‘‘(2) USES
OF
THE
CENTER.—The Turner-
Fairbank Highway Research Center shall support—
‘‘(A) the conduct of highway research and
development related to new highway technology;
‘‘(B) the development of understandings,
tools, and techniques that provide solutions to
complex technical problems through the devel-
opment of economical and environmentally sen-
sitive designs, efficient and quality-controlled
construction practices, and durable materials;
and
‘‘(C) the development of innovative high-
way products and practices.’’.
(j) UNIVERSITY FUNDING.—Except as otherwise pro-
vided in this title and any amendments made by this title,
the Secretary may not provide financial assistance to a
university under section 5101 unless the university is se-
lected to receive such funds through a competitive process
that incorporates merit-based peer review and the selec-
tion is based on a proposal submitted to the Secretary by
the university in response to a request for proposals issued
by the Secretary.
700
SEC. 5202. LONG-TERM BRIDGE PERFORMANCE PROGRAM;
INNOVATIVE BRIDGE RESEARCH AND DE-
PLOYMENT PROGRAM.
(a) LONG-TERM
BRIDGE
PERFORMANCE
PRO-
GRAM.—
(1) IN
GENERAL.—Section 502 of title 23,
United States Code, is further amended by adding
at the end the following:
‘‘(j) LONG-TERM
BRIDGE
PERFORMANCE
PRO-
GRAM.—
‘‘(1) AUTHORITY.—The Secretary shall estab-
lish a 20-year long-term bridge performance pro-
gram.
‘‘(2) GRANTS, COOPERATIVE AGREEMENTS, AND
CONTRACTS.—Under the program, the Secretary
shall make grants and enter into cooperative agree-
ments and contracts to—
‘‘(A) monitor, material-test, and evaluate
test bridges;
‘‘(B) analyze the data obtained under sub-
paragraph (A); and
‘‘(C) prepare products to fulfill program
objectives and meet future bridge technology
needs.’’.
(2) FUNDING.—Of the amounts made available
by section 5101(a)(1) of this Act, $5,000,000 for
701
fiscal year 2004 and $15,000,000 for each of fiscal
years 2005 through 2009 shall be available to carry
out section 502(j) of title 23, United States Code.
(b) INNOVATIVE BRIDGE RESEARCH AND DEPLOY-
MENT PROGRAM.—
(1) IN GENERAL.—Section 503(b)(1) of such
title is amended to read as follows:
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish and carry out a program to promote, dem-
onstrate, evaluate, and document the application of
innovative designs, materials, and construction
methods in the construction, repair, and rehabilita-
tion of bridges and other highway structures.’’.
(2) GOALS.—Section 503(b)(2) of such title is
amended to read as follows:
‘‘(2) GOALS.—The goals of the program shall
include—
‘‘(A) the development of new, cost-effec-
tive, innovative highway bridge applications;
‘‘(B) the development of construction tech-
niques to increase safety and reduce construc-
tion time and traffic congestion;
‘‘(C) the development of engineering design
criteria for innovative products, materials, and
702
structural systems for use in highway bridges
and structures;
‘‘(D) the reduction of maintenance costs
and life-cycle costs of bridges, including the
costs of new construction, replacement, or reha-
bilitation of deficient bridges;
‘‘(E) the development of highway bridges
and structures that will withstand natural dis-
asters;
‘‘(F) the documentation and wide dissemi-
nation of objective evaluations of the perform-
ance and benefits of these innovative designs,
materials, and construction methods;
‘‘(G) the effective transfer of resulting in-
formation and technology; and
‘‘(H) the development of improved methods
to detect bridge scour and economical bridge
foundation designs that will withstand bridge
scour.’’.
(3) FUNDING.—
(A) IN GENERAL.—Of the amounts made
available by section 5101(a)(1) of this Act,
$20,000,000 for each of fiscal years 2004
through 2009 shall be available to carry out
703
section 503(b) of title 23, United States Code;
and
(B) 
HIGH
PERFORMANCE
CONCRETE
BRIDGE TECHNOLOGY RESEARCH AND DEPLOY-
MENT.—The 
Secretary 
shall 
obligate
$2,000,000 of the amount described in subpara-
graph (A) for each of fiscal years 2004 through
2009 to conduct research and deploy technology
related to high-performance concrete bridges.
SEC. 5203. SURFACE TRANSPORTATION ENVIRONMENT AND
PLANNING COOPERATIVE RESEARCH PRO-
GRAM.
(a) IN GENERAL.—Section 507 of title 23, United
States Code, is amended to read as follows:
‘‘§ 507. Surface transportation environment and plan-
ning cooperative research program
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish and carry out a collaborative, public-private surface
transportation environment and planning cooperative re-
search program.
‘‘(b) AGREEMENT.—The Secretary shall enter into an
agreement with the National Academy of Sciences to carry
out administrative and management activities relating to
the governance of the surface transportation environment
and planning cooperative research program.
704
‘‘(c) ADVISORY COMMITTEE.—
‘‘(1) ESTABLISHMENT.—The Secretary shall es-
tablish a committee that will be responsible for pro-
gram oversight and project selection.
‘‘(2) MEMBERSHIP.—The members of the com-
mittee shall be appointed by the Secretary and shall
be composed of—
‘‘(A) representatives of State, regional, and
local transportation agencies, including transit
agencies;
‘‘(B) representatives of State environ-
mental agencies and other environmental orga-
nizations;
‘‘(C) representatives of the transportation
private sector;
‘‘(D) transportation and environmental sci-
entists and engineers; and
‘‘(E) representatives of the Federal High-
way Administration, Federal Transit Adminis-
tration, 
Environmental 
Protection 
Agency,
United States Fish and Wildlife Service, Corps
of Engineers, American Association of State
Highway and Transportation Officials, and
American Public Transportation Association,
who shall serve in an ex officio capacity.
705
‘‘(3) BALANCE.—The majority of the commit-
tee’s voting members shall be representatives of gov-
ernment transportation agencies.
‘‘(4) MEETINGS.—The National Academy of
Sciences shall convene meetings of the committee.
‘‘(d) GOVERNANCE.—The program established under
this section shall include the following administrative and
management elements:
‘‘(1) NATIONAL RESEARCH AGENDA.—The advi-
sory committee, in consultation with interested par-
ties, shall develop, recommend, and periodically up-
date the national research agenda as set forth in the
Transportation Research Board Special Report 268
as described in subsection (e). The national research
agenda shall include a multiyear strategic plan.
‘‘(2) INVOLVEMENT.—Interested parties may—
‘‘(A) submit research proposals;
‘‘(B) participate in merit reviews of re-
search proposals and peer reviews of research
products; and
‘‘(C) receive research results.
‘‘(3) OPEN COMPETITION AND PEER REVIEW OF
RESEARCH PROPOSALS.—The National Academy of
Sciences may award under the program research
706
contracts and grants through open competition and
merit review conducted on a regular basis.
‘‘(4) EVALUATION OF RESEARCH.—
‘‘(A) PEER REVIEW.—Research contracts
and grants may allow peer review of the re-
search results.
‘‘(B) PROGRAMMATIC EVALUATIONS.—The
National Academy of Sciences may conduct
periodic programmatic evaluations on a regular
basis.
‘‘(5) DISSEMINATION
OF
RESEARCH
FIND-
INGS.—The National Academy of Sciences shall dis-
seminate research findings to researchers, practi-
tioners, and decisionmakers, through conferences
and seminars, field demonstrations, workshops,
training programs, presentations, testimony to gov-
ernment officials, World Wide Web, and publications
for the general public.
‘‘(e) CONTENTS.—The national research agenda for
the program required under subsection (d)(1) shall include
research in the following areas for the purposes described:
‘‘(1) HUMAN HEALTH.—Human health to es-
tablish the links between transportation activities
and human health; substantiate the linkages between
exposure to concentration levels, emissions, and
707
health impacts; examine the potential health impacts
from the implementation and operation of transpor-
tation infrastructure and services; develop strategies
for avoidance and reduction of these impacts; and
develop strategies to understand the economic value
of health improvements and for incorporating health
considerations into valuation methods.
‘‘(2) ECOLOGY AND NATURAL SYSTEMS.—Ecol-
ogy and natural systems to measure transportation’s
short- and long-term impact on natural systems; de-
velop ecologically based performance measures; de-
velop insight into both the spatial and temporal
issues associated with transportation and natural
systems; study the relationship between highway
density and ecosystem integrity, including the im-
pacts of highway density on habitat integrity and
overall ecosystem health; develop a rapid assessment
methodology for use by transportation and regu-
latory agencies in determining the relationship be-
tween highway density and ecosystem integrity; and
develop ecologically based performance techniques to
evaluate the success of highway project mitigation
and enhancement measures.
‘‘(3) ENVIRONMENTAL
AND
SOCIOECONOMIC
RELATIONSHIPS.—Environmental and socioeconomic
708
relationships to understand differences in mobility,
access, travel behavior, and travel preferences across
socioeconomic groups; develop improved planning ap-
proaches that better reflect and respond to commu-
nity needs; improve evaluation methods for exam-
ining the incidence of benefits and costs; examine
the differential impacts of current methods of fi-
nance and explore alternatives; understand the socio-
economic implications of emerging land development
patterns and new transportation technologies; de-
velop cost-effective applications of technology that
improve the equity of the transport system; and de-
velop 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 environ-
mental performance; identify possible applications of
intelligent transportation systems technologies for
environmental benefit; develop policy instruments
that would encourage the development of beneficial
new technologies in a cost-effective manner; and re-
spond to the impact of new technologies.
709
‘‘(5) LAND USE.—Land use to assess land con-
sumption trends and contributing factors of trans-
portation investment, housing policies, school qual-
ity, and consumer preferences; incorporate impacts
of transportation investments on location decision
and land use; identify the costs and benefits of cur-
rent development patterns and their transportation
implications; determine the effect of the built envi-
ronment on people’s willingness to walk, drive, or
take public transportation; determine the roles of
public policy and institutional arrangements in cur-
rent and prospective land use and transportation
choices; and develop improved data, methods, and
processes for considering land use, transportation,
and the environment 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
710
cost of various transport options; develop tools for
measuring and forecasting complex transportation
decisions for all modes and users; and develop per-
formance measures and policy analysis approaches
that can be used to determine effectiveness.
‘‘(7) OTHER
RESEARCH
AREAS.—Other re-
search areas to identify and address the emerging
and future surface transportation research needs re-
lated to planning and environment.
‘‘(8) CONTENTS.—The program established
under subsection (d)(1) shall carry out research and
development called for in the Transportation Re-
search Board Special Report 268, entitled ‘Surface
Transportation Environmental Research: A Long-
Term Strategy’, published in 2002, which included
the following research and development areas:
‘‘(1) Human Health.
‘‘(2) Ecology and Natural Systems.
‘‘(3) Environmental and Social Justice.
‘‘(4) Emerging Technologies.
‘‘(5) Land Use.
‘‘(6) Planning and Performance Measures.
‘‘(f) FUNDING.—
‘‘(1) FEDERAL SHARE.—The Federal share of
the cost of an activity carried out under this section
711
shall be up to 100 percent, and such funds shall re-
main available until expended.
‘‘(2) USE OF NON-FEDERAL FUNDS.—In addi-
tion to using funds authorized 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 pri-
vate entities capable of attracting and accepting
funding from the Department of Transportation,
Environmental Protection Agency, Department of
Energy, United States Fish and Wildlife Service,
and other Federal environmental agencies, States,
local governments, nonprofit foundations, and the
private sector.’’.
(b) CONFORMING AMENDMENT.—The analysis for
chapter 5 of such title is amended by striking the item
relating to section 507 and inserting the following:
‘‘507. Surface transportation environment and planning cooperative research
program.’’.
(c) FUNDING.—Of the amounts made available by
section 5101(a)(1) of this Act, $5,000,000 for fiscal year
2004 and $15,000,000 for each of fiscal years 2005
through 2009 shall be available to carry out section 507
of title 23, United States Code.
712
SEC. 5204. TECHNOLOGY DEPLOYMENT.
(a) TECHNOLOGY DEPLOYMENT PROGRAM.—Section
503(a) of title 23, United States Code, is amended—
(1) in the subsection heading by striking ‘‘INI-
TIATIVES AND PARTNERSHIPS’’;
(2) by striking paragraph (1) and inserting the
following:
‘‘(1) ESTABLISHMENT.—The Secretary shall
develop and administer a national technology deploy-
ment program.’’;
(3) by striking paragraph (7) and inserting the
following:
‘‘(7) GRANTS, COOPERATIVE AGREEMENTS, AND
CONTRACTS.—
‘‘(A) IN GENERAL.—Under the program,
the Secretary shall make grants to, and enter
into cooperative agreements and contracts with,
States, other Federal agencies, universities and
colleges, private sector entities, and nonprofit
organizations to pay the Federal share of the
cost of research, development, and technology
transfer activities concerning innovative mate-
rials.
‘‘(B) APPLICATIONS.—To receive a grant
under this subsection, an entity described in
subparagraph (A) shall submit an application to
713
the Secretary. The application shall be in such
form and contain such information as the Sec-
retary may require. The Secretary shall select
and approve an application based on whether
the project that is the subject of the grant
meets the purpose of the program described in
paragraph (2).’’; and
(4) by striking paragraph (8) and inserting the
following:
‘‘(8) TECHNOLOGY AND INFORMATION TRANS-
FER.—The Secretary shall ensure that the informa-
tion and technology resulting from research con-
ducted under paragraph (7) is made available to
State and local transportation departments and
other interested parties as specified by the Sec-
retary.’’.
(b) INNOVATIVE PAVEMENT RESEARCH
AND DE-
PLOYMENT PROGRAM.—
(1) IN GENERAL.—Section 503 of such title is
further amended by adding at the end the following:
‘‘(c) INNOVATIVE PAVEMENT RESEARCH AND DE-
PLOYMENT PROGRAM.—
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish and implement a program to promote, dem-
onstrate, support, and document the application of
714
innovative pavement technologies, practices, per-
formance, and benefits.
‘‘(2) GOALS.—The goals of the innovative pave-
ment research and deployment program shall
include—
‘‘(A) the deployment of new, cost-effective,
innovative designs, materials, recycled materials
(including taconite tailings and foundry sand),
and practices to extend pavement life and per-
formance and to improve customer satisfaction;
‘‘(B) the reduction of initial costs and life-
cycle costs of pavements, including the costs of
new construction, replacement, maintenance,
and rehabilitation;
‘‘(C) the deployment of accelerated con-
struction techniques to increase safety and re-
duce construction time and traffic disruption
and congestion;
‘‘(D) the deployment of engineering design
criteria and specifications for innovative prac-
tices, products, and materials for use in high-
way pavements;
‘‘(E) the deployment of new nondestructive
and real-time pavement evaluation technologies
and techniques;
715
‘‘(F) the evaluation, refinement, and docu-
mentation of the performance and benefits of
innovative technologies deployed to improve life,
performance, cost effectiveness, safety, and cus-
tomer satisfaction;
‘‘(G) effective technology transfer and in-
formation dissemination to accelerate imple-
mentation of innovative technologies and to im-
prove life, performance, cost effectiveness, safe-
ty, and customer satisfaction; and
‘‘(H) the development of designs and mate-
rials to reduce storm water runoff.
‘‘(3) RESEARCH
TO
IMPROVE
NHS
PAVE-
MENT.—The Secretary shall obligate not less than
$2,000,000 for fiscal year 2004 and $6,000,000 for
each of fiscal years 2005 through 2009 from funds
made available to carry out this subsection to con-
duct research to improve asphalt pavement, concrete
pavement, and aggregates used in highways on the
National Highway System.’’.
(2) FUNDING.—Of the amounts made available
by section 5101(a)(1) of this Act, $5,000,000 for
fiscal year 2004 and $15,000,000 for each of fiscal
years 2005 through 2009 shall be available to carry
out section 503(c) of title 23, United States Code.
716
(c) SAFETY INNOVATION DEPLOYMENT PROGRAM.—
(1) IN GENERAL.—Section 503 of such title is
further amended by adding the following:
‘‘(d) SAFETY
INNOVATION
DEPLOYMENT
PRO-
GRAM.—
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish and implement a program to demonstrate the
application of innovative technologies in highway
safety.
‘‘(2) GOALS.—The goals of the program shall
include—
‘‘(A) the deployment and evaluation of
safety technologies and innovations at State
and local levels; and
‘‘(B) the deployment of best practices in
training, management, design, and planning.
‘‘(3) GRANTS, COOPERATIVE AGREEMENTS, AND
CONTRACTS.—
‘‘(A) IN GENERAL.—Under the program,
the Secretary shall make grants to, and enter
into cooperative agreements and contracts with,
States, other Federal agencies, universities and
colleges, private sector entities, and nonprofit
organizations for research, development, and
717
technology transfer for innovative safety tech-
nologies.
‘‘(B) APPLICATIONS.—To receive a grant
under this subsection, an entity described in
subparagraph (A) shall submit an application to
the Secretary. The application shall be in such
form and contain such information as the Sec-
retary may require. The Secretary shall select
and approve the applications based on whether
the project that is the subject of the application
meets the goals of the program described in
paragraph (2).
‘‘(4) TECHNOLOGY AND INFORMATION TRANS-
FER.—The Secretary shall take such action as is
necessary to ensure that the information and tech-
nology resulting from research conducted under
paragraph (3) is made available to State and local
transportation departments and other interested
parties as specified by the Secretary.’’.
(2) FUNDING.—Of the amounts made available
by section 5101(a)(1) of this Act, $5,000,000 for
fiscal year 2004 and $15,000,000 for each of fiscal
years 2005 through 2009 shall be available to carry
out section 503(d) of title 23, United States Code.
718
(d) 
AUTHORITY
TO
PURCHASE
PROMOTIONAL
ITEMS.—Section 503 of such title is further amended by
adding at the end the following:
‘‘(e) PROMOTIONAL AUTHORITY.—Funds authorized
to be appropriated for necessary expenses for administra-
tion and operation of the Federal Highway Administration
shall be available to purchase promotional items of nomi-
nal value for use in the recruitment of individuals and to
promote the programs of the Federal Highway Adminis-
tration.’’.
(e) WOOD COMPOSITE MATERIALS DEMONSTRATION
PROJECT.—
(1) FUNDING.—Of the funds made available to
carry out section 5101(a)(1), $1,000,000 shall be
made available by the Secretary for each of fiscal
years 2005 and 2006 for conducting a demonstra-
tion of the durability and potential effectiveness of
wood composite materials in multimodal transpor-
tation facilities.
(2) FEDERAL SHARE.—The Federal share of
the cost of the demonstration under paragraph (1)
shall be 100 percent.
SEC. 5205. TRAINING AND EDUCATION.
(a) NATIONAL HIGHWAY INSTITUTE.—
719
(1) IN
GENERAL.—Section 504(a)(3) of title
23, United States Code, is amended to read as fol-
lows:
‘‘(3) COURSES.—The Institute may develop and
administer courses in modern developments, tech-
niques, methods, regulations, management, and pro-
cedures in areas, including surface transportation,
environmental mitigation, compliance, stewardship,
and streamlining, acquisition of rights-of-way, relo-
cation assistance, engineering, safety, transportation
system management and operations, construction,
maintenance, contract administration, inspection,
and highway finance.’’.
(2) FUNDING.—Of the amounts made available
by section 5101(a)(2) of this Act, $8,000,000 for
fiscal year 2004 and $8,500,000 for each of fiscal
years 2005 through 2009 shall be available to carry
out section 504(a) of title 23, United States Code.
(b) LOCAL TECHNICAL ASSISTANCE PROGRAM.—
(1) IN GENERAL.—Section 504(b) of such title
is amended by adding at the end the following:
‘‘(3) FEDERAL SHARE.—
‘‘(A) GRANTS.—A grant under this sub-
section may be used to pay up to 50 percent of
local technical assistance program costs. Funds
720
available for technology transfer and training
purposes under this title and title 49 may be
used to cover the remaining 50 percent of the
program costs.
‘‘(B) 
TRIBAL
TECHNICAL
ASSISTANCE
CENTERS.—The Federal share of the cost of ac-
tivities carried out by the tribal technical assist-
ance centers under paragraph (2)(D)(ii) shall
be 100 percent.’’.
(2) FUNDING.—Of the amounts made available
by section 5101(a)(2) of this Act, $12,000,000 for
fiscal year 2004 and $14,000,000 for each of fiscal
years 2005 through 2009 shall be available to carry
out section 504(b) of title 23, United States Code.
(c) EISENHOWER TRANSPORTATION FELLOWSHIP
PROGRAM.—Of the amounts made available by section
5101(a)(2) of this Act, $2,000,000 for fiscal year 2004
and $2,500,000 for each of fiscal years 2005 through
2009 shall be available to carry out section 504(c)(2) of
title 23, United States Code.
(d) GARRETT A. MORGAN TECHNOLOGY AND TRANS-
PORTATION EDUCATION PROGRAM.—
(1) IN
GENERAL.—Section 504 of title 23,
United States Code, as amended by this section, is
721
further amended by adding at the end the following
new subsection:
‘‘(d) GARRETT
A. MORGAN
TECHNOLOGY
AND
TRANSPORTATION EDUCATION PROGRAM.—
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish the Garrett A. Morgan Technology and Trans-
portation Education Program to improve the prepa-
ration of students, particularly women and minori-
ties, in science, technology, engineering, and mathe-
matics through curriculum development and other
activities related to transportation.
‘‘(2) AUTHORIZED ACTIVITIES.—The Secretary
shall award grants under this subsection on the
basis of competitive, peer review. Grants awarded
under this subsection may be used for enhancing
science, technology, engineering, and mathematics at
the elementary and secondary school level through
such means as—
‘‘(A) internships that offer students experi-
ence in the transportation field;
‘‘(B) programs that allow students to
spend time observing scientists and engineers in
the transportation field; and
722
‘‘(C) developing relevant curriculum that
uses examples and problems related to trans-
portation.
‘‘(3) 
APPLICATION
AND
REVIEW
PROCE-
DURES.—
‘‘(A) IN GENERAL.—An entity described in
subparagraph (C) seeking funding under this
subsection shall submit an application to the
Secretary at such time, in such manner, and
containing such information as the Secretary
may require. Such application, at a minimum,
shall include a description of how the funds will
be used and a description of how the funds will
be used to serve the purposes described in para-
graph (2).
‘‘(B) PRIORITY.—In making awards under
this subsection, the Secretary shall give priority
to applicants that will encourage the participa-
tion of women and minorities.
‘‘(C) ELIGIBILITY.—Local education agen-
cies and State education agencies, which may
partner with institutions of higher education,
businesses, or other entities, shall be eligible to
apply for grants under this subsection.
723
‘‘(4) DEFINITIONS.—For purposes of this
subsection—
‘‘(A) the term ‘institution of higher edu-
cation’ has the meaning given that term in sec-
tion 101 of the Higher Education Act of 1965
(20 U.S.C. 1001);
‘‘(B) the term ‘local educational agency’
has the meaning given that term in section
9101 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7801); and
‘‘(C) the term ‘State educational agency’
has the meaning given that term in section
9101 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7801).’’.
(2) FUNDING.—Of the amounts made available
by section 5101(a)(2) of this Act, $500,000 for
2004 and $1,000,000 for each of fiscal years 2005
through 2009 shall be available to carry out section
504(d) of title 23, United States Code.
(e) SURFACE TRANSPORTATION WORKFORCE DE-
VELOPMENT, TRAINING, AND EDUCATION.—Section 504
of such title is further amended by adding at the end the
following:
‘‘(e) SURFACE TRANSPORTATION WORKFORCE DE-
VELOPMENT, TRAINING, AND EDUCATION.—
724
‘‘(1) FUNDING.—Subject to project approval by
the Secretary, a State may obligate funds appor-
tioned to the State under sections 104(b)(1),
104(b)(2), 104(b)(3), 104(b)(4), and 144(e) for sur-
face transportation workforce development, training
and education, including—
‘‘(A) tuition and direct educational ex-
penses, excluding salaries, in connection with
the education and training of employees of
State and local transportation agencies;
‘‘(B) employee professional development;
‘‘(C) student internships;
‘‘(D) university or community college sup-
port; and
‘‘(E) education activities, including out-
reach, to develop interest and promote partici-
pation in surface transportation careers.
‘‘(2) FEDERAL SHARE.—The Federal share of
the cost of activities carried out in accordance with
this subsection shall be 100 percent.
‘‘(3) SURFACE
TRANSPORTATION
WORKFORCE
DEVELOPMENT, TRAINING, AND
EDUCATION
DE-
FINED.—In this subsection, the term ‘surface trans-
portation workforce development, training, and edu-
cation’ means activities associated with surface
725
transportation career awareness, student transpor-
tation career preparation, and training and profes-
sional development for surface transportation work-
ers, including activities for women and minorities.’’.
(f) TRANSPORTATION EDUCATION DEVELOPMENT
PILOT PROGRAM.—Section 504 of title 23, United States
Code, is amended by inserting after subsection (e) the fol-
lowing:
‘‘(f) TRANSPORTATION EDUCATION DEVELOPMENT
PILOT PROGRAM.—
‘‘(1) ESTABLISHMENT.—The Secretary shall es-
tablish a program to make grants to institutions of
higher education that in partnership with industry
or State Departments of Transportation will de-
velop, test, and revise new curricula and education
programs to train individuals at all levels of the
transportation workforce.
‘‘(2) SELECTION
OF
GRANT
RECIPIENTS.—In
selecting applications for awards under this sub-
section, the Secretary shall consider—
‘‘(A) the degree to which the new curricula
or education program meets the specific needs
of a segment of the transportation industry,
States, or regions;
726
‘‘(B) providing for practical experience and
on-the-job training;
‘‘(C) proposals oriented toward practi-
tioners in the field rather than the support and
growth of the research community;
‘‘(D) the degree to which the new curricula
or program will provide training in areas other
than engineering, such as business administra-
tion, economics, information technology, envi-
ronmental science, and law;
‘‘(E) programs or curricula in nontradi-
tional departments which train professionals for
work in the transportation field, such as mate-
rials, information technology, environmental
science, urban planning, and industrial tech-
nology; and
‘‘(F) industry or a State’s Department of
Transportation commitment to the program.
‘‘(3) FUNDING.—Of the amounts made avail-
able by section 5101(a)(2) of this Act, $1,500,000
for each of fiscal years 2005 through 2009 shall be
available to carry out this subsection.
‘‘(4) LIMITATIONS.—The amount of a grant
under this subsection shall not exceed $250,000 per
year. After a recipient has received 3 years of Fed-
727
eral funding under this subsection, Federal funding
may equal no more than 75 percent of a grantee’s
program costs.’’.
(g) DEFINITIONS AND DECLARATION OF POLICY.—
Section 101(a)(3) of such title is amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (G);
(2) by striking the period at the end of sub-
paragraph (H) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(I) surface transportation workforce de-
velopment, training, and education.’’.
(h) 
TRANSPORTATION
TECHNOLOGY
INNOVA-
TIONS.—
(1) FUNDAMENTAL PROPERTIES OF ASPHALTS
AND
MODIFIED
ASPHALTS.—The Secretary shall
continue to carry out section 5117(b)(5) of the
Transportation Equity Act for the 21st Century
(112 Stat. 450).
(2) TRANSPORTATION, ECONOMIC, AND
LAND
USE SYSTEM.—The Secretary shall continue to carry
out section 5117(b)(7) of the Transportation Equity
Act for the 21st Century (112 Stat. 450).
(3) FUNDING.—Of the amounts made available
for each of fiscal years 2004 through 2009 by sec-
728
tion 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 or political subdivision of a State
prohibiting or regulating commercial activi-
729
ties in the rights-of-way of a highway for
which funds from the Highway Trust
Fund (other than the Mass Transit Ac-
count) have been used for planning, de-
sign, construction, or maintenance if the
Secretary determines that such use is in
the public interest.
‘‘(ii) LIMITATION ON STATUTORY CON-
STRUCTION.—Nothing in this subpara-
graph shall be construed to affect the au-
thority of a State, or political subdivision
of a State, to regulate highway safety.’’.
SEC. 5206. FREIGHT PLANNING CAPACITY BUILDING.
(a) IN GENERAL.—Section 504 of title 23, United
States Code, is 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
730
‘‘(B) strengthen the decisionmaking capac-
ity of State transportation departments and
local transportation agencies with respect to
freight transportation planning and systems.
‘‘(2) AGREEMENTS.—The Secretary shall enter
into agreements to support and carry out adminis-
trative and management activities relating to the
governance of the freight planning capacity initia-
tive.
‘‘(3) STAKEHOLDER
INVOLVEMENT.—In car-
rying out this section, the Secretary shall consult
with the Association of Metropolitan Planning Orga-
nizations, the American Association of State High-
way and Transportation Officials, and other freight
planning stakeholders, including the other Federal
agencies, State transportation departments, local
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.
731
‘‘(B) Providing opportunities for freight
transportation staff to engage in peer exchange.
‘‘(C) Refinement of data and analysis tools
used in conjunction with assessing freight
transportation needs.
‘‘(D) Technical assistance to State trans-
portation departments and local transportation
agencies reorganizing to address freight trans-
portation issues.
‘‘(E) Facilitating relationship building be-
tween governmental and private entities in-
volved in freight transportation.
‘‘(F) Identifying ways to target the capac-
ity of State transportation departments and
local transportation agencies to address freight
considerations in operations, security, asset
management, and environmental excellence in
connection with long-range multimodal trans-
portation planning and project implementation.
‘‘(5) FUNDING.—
‘‘(A) 
FEDERAL
SHARE.—The 
Federal
share of the cost of an activity carried out
under this section shall be up to 100 percent,
and such funds shall remain available until ex-
pended.
732
‘‘(B) USE
OF
NON-FEDERAL
FUNDS.—
Funds made available for the program estab-
lished under this subsection may be used for re-
search, program development, information col-
lection and dissemination, and technical assist-
ance. The Secretary may use such funds inde-
pendently or make grants to, or enter into con-
tracts, cooperative agreements, and other trans-
actions with, a Federal agency, State agency,
local agency, Federally recognized Indian tribal
government or tribal consortium, authority, as-
sociation, nonprofit or for-profit corporation, or
institution of higher education, to carry out the
purposes of this subsection.’’.
(b) FUNDING.—Of the amounts made available by
section 5101(a)(2) of this Act, $1,500,000 for fiscal year
2004 and $5,000,000 for each of fiscal years 2005
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’’.
733
SEC. 5207. ADVANCED TRAVEL FORECASTING PROCEDURES
PROGRAM.
(a) 
CONTINUATION
AND
ACCELERATION
OF
TRANSIMS DEPLOYMENT.—The Secretary shall accel-
erate the deployment of the advanced transportation
model known as the ‘‘Transportation Analysis Simulation
System’’ (in this section referred to as ‘‘TRANSIMS’’),
developed by the Los Alamos National Laboratory. The
program shall assist State departments of transportation
and metropolitan planning organizations in the implemen-
tation of TRANSIMS, develop methods for TRANSIMS
applications to transportation planning and air quality
analysis, and provide training and technical assistance for
the implementation of TRANSIMS. The program may
support the development of methods to plan for the trans-
portation response to chemical and biological terrorism
and other security concerns.
(b) ELIGIBLE ACTIVITIES.—The Secretary shall use
funds made available by section 5101(a)(1) to—
(1) provide funding to State departments of
transportation and metropolitan planning organiza-
tions serving transportation management areas des-
ignated under chapter 52 of title 49, United States
Code, representing a diversity of populations, geo-
graphic regions, and analytic needs to implement
TRANSIMS;
734
(2) develop methods to demonstrate a wide
spectrum of TRANSIMS applications to support
metropolitan and statewide transportation planning,
including integrating highway and transit oper-
ational considerations into the transportation plan-
ning process; and
(3) provide training and technical assistance
with respect to the implementation and application
of TRANSIMS to States, local governments, and
metropolitan planning organizations with responsi-
bility for travel modeling.
(c) ALLOCATION OF FUNDS.—Not more than 75 per-
cent of the funds made available to carry out this section
may be allocated to activities described in subsection
(b)(1).
(d) FUNDING.—Of the amounts made available by
section 5101(a)(1) of this Act, $1,000,000 for fiscal year
2004 and $3,000,000 for each of fiscal years 2005
through 2009 shall be available to carry out this section.
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:
735
‘‘§ 509. National cooperative freight transportation
research program
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish and support a national cooperative freight transpor-
tation research program.
‘‘(b) AGREEMENT.—The Secretary shall enter into an
agreement with the National Academy of Sciences to sup-
port and carry out administrative and management activi-
ties relating to the governance of the national cooperative
freight transportation research program.
‘‘(c) ADVISORY COMMITTEE.—The National Acad-
emy of Sciences shall select an advisory committee con-
sisting of a representative cross-section of freight stake-
holders, including the Department of Transportation,
other Federal agencies, State transportation departments,
local governments, nonprofit entities, academia, and the
private sector.
‘‘(d) 
GOVERNANCE.—The 
national 
cooperative
freight transportation research program established under
this section shall include the following administrative and
management elements:
‘‘(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.
736
‘‘(2) INVOLVEMENT.—Interested parties may—
‘‘(A) submit research proposals to the advi-
sory committee;
‘‘(B) participate in merit reviews of re-
search proposals and peer reviews of research
products; and
‘‘(C) receive research results.
‘‘(3) OPEN COMPETITION AND PEER REVIEW OF
RESEARCH PROPOSALS.—The National Academy of
Sciences may award research contracts and grants
under the program through open competition and
merit review conducted on a regular basis.
‘‘(4) EVALUATION OF RESEARCH.—
‘‘(A) PEER REVIEW.—Research contracts
and grants under the program may allow peer
review of the research results.
‘‘(B) PROGRAMMATIC EVALUATIONS.—The
National Academy of Sciences may conduct
periodic programmatic evaluations on a regular
basis of research contracts and grants.
‘‘(5) DISSEMINATION
OF
RESEARCH
FIND-
INGS.—The National Academy of Sciences shall dis-
seminate research findings to researchers, practi-
tioners, and decisionmakers, through conferences
and seminars, field demonstrations, workshops,
737
training programs, presentations, testimony to gov-
ernment officials, World Wide Web, publications for
the general public, and other appropriate means.
‘‘(e) CONTENTS.—The national research agenda re-
quired under subsection (d)(1) shall include research in
the following areas:
‘‘(1) Techniques for estimating and quantifying
public benefits derived from freight transportation
projects.
‘‘(2) Alternative approaches to calculating the
contribution of truck and rail traffic to congestion
on specific highway segments.
‘‘(3) The feasibility of consolidating origins and
destinations for freight movement.
‘‘(4) Methods for incorporating estimates of
international trade into landside transportation plan-
ning.
‘‘(5) The use of technology applications to in-
crease capacity of highway lanes dedicated to truck-
only traffic.
‘‘(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.
738
‘‘(8) The effect of changing patterns of freight
movement on transportation planning decisions re-
lating to rest areas.
‘‘(9) Other research areas to identify and ad-
dress the emerging and future research needs re-
lated to freight transportation by all modes.
‘‘(f) FUNDING.—
‘‘(1) FEDERAL SHARE.—The Federal share of
the cost of an activity carried out under this section
shall be up to 100 percent, and such funds shall re-
main available until expended.
‘‘(2) USE OF NON-FEDERAL FUNDS.—In addi-
tion to using funds authorized for this section, the
National Academy of Sciences may seek and accept
additional funding sources from public and private
entities capable of accepting funding from the De-
partment of Transportation, States, local govern-
ments, nonprofit foundations, and the private sec-
tor.’’.
(b) CONFORMING AMENDMENT.—The analysis for
such chapter is further amended by adding at the end the
following:
‘‘509. National cooperative freight transportation research program.’’.
(c) FUNDING.—Of the amounts made available by
section 5101(a)(1) of this Act, $1,500,000 for fiscal year
2004 and $4,000,000 for each of fiscal years 2005
739
through 2009 shall be available to carry out section 509
of title 23, United States Code.
SEC. 5209. FUTURE STRATEGIC HIGHWAY RESEARCH PRO-
GRAM.
(a) IN GENERAL.—Chapter 5 of title 23, United
States Code, is further amended by adding at the end the
following:
‘‘§ 510. Future strategic highway research program
‘‘(a) ESTABLISHMENT.—The Secretary, in consulta-
tion with the American Association of State Highway and
Transportation Officials, shall establish and carry out,
acting through the National Research Council of the Na-
tional Academy of Sciences, the future strategic highway
research program.
‘‘(b) COOPERATIVE AGREEMENTS.—The Secretary
may make grants to, and enter into cooperative agree-
ments with, the American Association of State Highway
and Transportation Officials and the National Academy
of Sciences to carry out such activities under this sub-
section as the Secretary determines are appropriate.
‘‘(c) PERIOD OF AVAILABILITY.—Funds made avail-
able to carry out this section shall remain available for
the fiscal year in which such funds are made available and
the 3 succeeding fiscal years.
‘‘(d) PROGRAM PRIORITIES.—
740
‘‘(1) PROGRAM ELEMENTS.—The program es-
tablished under this section shall be based on the
National Research Council Special Report 260, enti-
tled ‘Strategic Highway Research: Saving Lives, Re-
ducing Congestion, Improving Quality of Life’ and
the results of the detailed planning work subse-
quently carried out in 2002 and 2003 to identify the
research areas through National Cooperative Re-
search Program Project 20–58. The research pro-
gram shall include an analysis of the following:
‘‘(A) Renewal of aging highway infrastruc-
ture with minimal impact to users of the facili-
ties.
‘‘(B) Driving behavior and likely crash
causal factors to support improved counter-
measures.
‘‘(C) Reducing highway congestion due to
nonrecurring congestion.
‘‘(D) Planning and designing new road ca-
pacity to meet mobility, economic, environ-
mental, and community needs.
‘‘(2) DISSEMINATION
OF
RESULTS.—The re-
search results of the program, expressed in terms of
technologies, methodologies, and other appropriate
741
categorizations, shall be disseminated to practicing
engineers for their use, as soon as practicable.
‘‘(e) PROGRAM ADMINISTRATION.—In carrying out
the program under this section, the National Research
Council shall ensure, to the maximum extent practicable,
that—
‘‘(1) projects and researchers are selected to
conduct research for the program on the basis of
merit and open solicitation of proposals and review
by panels of appropriate experts;
‘‘(2) State department of transportation offi-
cials and other stakeholders, as appropriate, are in-
volved in the governance of the program at the over-
all program level and technical level through the use
of expert panels and committees;
‘‘(3) the Council acquires a qualified, perma-
nent core staff with the ability and expertise to man-
age the program and multiyear budget; and
‘‘(4) there is no duplication of research effort
between the program and any other research effort
of the Department.
‘‘(f) REPORT ON IMPLEMENTATION OF RESULTS.—
‘‘(1) REPORT.—The Transportation Research
Board of the National Research Council shall com-
plete a report on the strategies and administrative
742
structure to be used for implementation of the re-
sults of the future strategic highway research pro-
gram.
‘‘(2) COMPONENTS.—The report under para-
graph (1) shall include with respect to the
program—
‘‘(A) an identification of the most prom-
ising results of research under the program (in-
cluding the persons most likely to use the re-
sults);
‘‘(B) a discussion of potential incentives
for, impediments to, and methods of, imple-
menting those results;
‘‘(C) an estimate of costs of implementa-
tion of those results; and
‘‘(D) recommendations on methods by
which implementation of those results should be
conducted, coordinated, and supported in future
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;
743
‘‘(B) the National Highway Traffic Safety
Administration; and
‘‘(C) the American Association of State
Highway and Transportation Officials.
‘‘(4) SUBMISSION.—Not later than February 1,
2009, the report shall be submitted to the Com-
mittee on Environment and Public Works of the
Senate and the Committee on Transportation and
Infrastructure of the House of Representatives.
‘‘(g) LIMITATION OF REMEDIES.—
‘‘(1) SAME REMEDY AS IF UNITED STATES.—
The remedy against the United States provided by
sections 1346(b) and 2672 of title 28 for injury, loss
of property, personal injury, or death shall apply to
any claim against the National Academy of Sciences
for money damages for injury, loss of property, per-
sonal injury, or death caused by any negligent or
wrongful act or omission by employees and individ-
uals described in paragraph (3) arising from activi-
ties conducted under or in connection with this sec-
tion. Any such claim shall be subject to the limita-
tions and exceptions which would be applicable to
such claim if such claim were against the United
States. With respect to any such claim, the Sec-
retary shall be treated as the head of the appro-
744
priate Federal agency for purposes of sections 2672
and 2675 of title 28.
‘‘(2) EXCLUSIVENESS OF REMEDY.—The rem-
edy referred to in paragraph (1) shall be exclusive
of any other civil action or proceeding for the pur-
pose of determining liability arising from any such
act or omission without regard to when the act or
omission occurred.
‘‘(3) TREATMENT.—Employees of the National
Academy of Sciences and other individuals appointed
by the president of the National Academy of
Sciences and acting on its behalf in connection with
activities carried out under this section shall be
treated as if they are employees of the Federal Gov-
ernment under section 2671 of title 28 for purposes
of a civil action or proceeding with respect to a claim
described in paragraph (1). The civil action or pro-
ceeding shall proceed in the same manner as any
proceeding under chapter 171 of title 28 or action
against the United States filed pursuant to section
1346(b) of title 28 and shall be subject to the limita-
tions and exceptions applicable to such a proceeding
or action.
‘‘(4) SOURCES OF PAYMENTS.—Payment of any
award, compromise, or settlement of a civil action or
745
proceeding with respect to a claim described in para-
graph (1) shall be paid first out of insurance main-
tained by the National Academy of Sciences, second
from funds made available to carry out this section,
and then from sums made available under section
1304 of title 31. For purposes of such section, such
an award, compromise, or settlement shall be
deemed to be a judgment, award, or settlement pay-
able under section 2414 or 2672 of title 28. The
Secretary may establish a reserve of funds made
available to carry out this section for making pay-
ments under this paragraph.
‘‘(h) FUNDING.—
‘‘(1) FEDERAL SHARE.—The Federal share of
the cost of an activity carried out using amounts
made available under a grant or cooperative agree-
ment under this section shall be 100 percent, and
such funds shall remain available until expended.
‘‘(2) ADVANCE PAYMENTS.—The Secretary may
make advance payments as necessary to carry out
the program under this section.’’.
(b) PROGRAMMATIC EVALUATIONS.—Within 3 years
after the first research and development project grants,
cooperative agreements, or contracts are awarded under
this section, the Comptroller General shall review the pro-
746
gram under this section, and recommend improvements.
The review shall assess the degree to which projects fund-
ed under this section have addressed the research and de-
velopment topics identified in the Transportation Research
Board Special Report 260, including identifying those top-
ics which have not yet been addressed.
(c) CONFORMING AMENDMENT.—The analysis for
such chapter is further amended by adding at the end the
following:
‘‘510. Future strategic highway research program.’’.
(d) FUNDING.—Of the amounts made available by
section 5101(a)(1) of this Act, $17,000,000 for fiscal year
2004, $60,000,000 for fiscal year 2005, and $63,000,000
for each of fiscal years 2006 through 2009, shall be avail-
able to carry out section 510 of title 23, United States
Code.
SEC. 5210. TRANSPORTATION SAFETY INFORMATION MAN-
AGEMENT SYSTEM PROJECT.
(a) IN GENERAL.—The Secretary shall fund and
carry out a project to further the development of a com-
prehensive transportation safety information management
system (in this section referred to as ‘‘TSIMS’’).
(b) PURPOSES.—The purpose of the TSIMS project
is to further the development of a software application to
provide for the collection, integration, management, and
dissemination of safety data from and for use among State
747
and local safety and transportation agencies, including
driver licensing, vehicle registration, emergency manage-
ment system, injury surveillance, roadway inventory, and
motor carrier databases.
(c) FUNDING.—
(1) FEDERAL CONTRIBUTION.—Of the amounts
made available by section 5101(a)(1) of this Act,
$1,000,000 for fiscal year 2004 and $3,000,000 for
fiscal year 2005 shall be available to carry out the
TSIMS project under this section.
(2) STATE CONTRIBUTION.—The sums author-
ized in paragraph (1) are intended to supplement
voluntary contributions to be made by State depart-
ments of transportation and other State safety and
transportation agencies.
SEC. 5211. SURFACE TRANSPORTATION CONGESTION RE-
LIEF SOLUTIONS RESEARCH INITIATIVE.
(a) ESTABLISHMENT.—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
research programs described in subsections (b)(1) and
(b)(2) and designed to develop information to assist State
transportation departments and metropolitan planning or-
748
ganizations measure and address surface transportation
congestion 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 lo-
cally designed reporting methods and incor-
porate such methods in research on national
models for developing and recommending im-
proved surface transportation congestion meas-
urement and reporting; and
(C) to incorporate such methods in the de-
velopment of national models and methods to
monitor, measure, and report surface transpor-
tation congestion information.
(2) ANALYTICAL TECHNIQUES FOR ACTION ON
SURFACE TRANSPORTATION CONGESTION.—The pur-
749
poses of the second research program established
under this section shall be—
(A) to analyze the effectiveness of proce-
dures used by State transportation departments
and metropolitan planning organizations to as-
sess surface transportation congestion problems
and communicate those problems to decision-
makers; and
(B) to identify methods to ensure that the
results of surface transportation congestion
analyses will lead to the targeting of funding
for programs, projects, or services with dem-
onstrated effectiveness in reducing travel delay,
congestion, and system unreliability.
(c) TECHNICAL ASSISTANCE AND TRAINING.—In fis-
cal year 2006, the Secretary, acting through the Federal
Highway Administration, shall develop a technical assist-
ance and training program to disseminate the results of
the surface transportation congestion solutions research
initiative for the purpose of assisting State transportation
departments and local transportation agencies with im-
proving their approaches to surface transportation conges-
tion measurement, analysis, and project programming.
(d) FUNDING.—Of the amounts made available by
sections 5101(a)(1) of this Act, $4,000,000 for fiscal year
750
2004 and $11,000,000 for each of fiscal years 2005
through 2009 shall be available to carry out subsections
(a) and (b). Of the amounts made available by section
5101(a)(2), $500,000 for fiscal year 2004 and $1,000,000
for each of fiscal years 2005 through 2009 shall be avail-
able to carry out subsection (c).
SEC. 5212. MOTOR CARRIER EFFICIENCY STUDY.
(a) IN GENERAL.—The Secretary, in coordination
with the motor carrier and wireless technology industry,
shall conduct a study to—
(1) identify inefficiencies in the transportation
of freight;
(2) evaluate the safety, productivity, and re-
duced cost improvements that may be achieved
through the use of wireless technologies to address
the inefficiencies identified in paragraph (1); and
(3) conduct, as appropriate, field tests dem-
onstrating the technologies identified in paragraph
(2).
(b) PROGRAM ELEMENTS.—The program shall in-
clude, at a minimum, the following:
(1) Fuel monitoring and management systems.
(2) Electronic document imaging.
(3) Border pre-clearance systems.
(4) Radio Frequency Identification technology.
751
(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 pro-
grams and activities carried out under this section.
(e) FUNDING.—From funds made available under
section 5101(a)(1), the Secretary shall make available
$1,000,000 to the Federal Motor Carrier Safety Adminis-
tration for each of fiscal years 2005 through 2009 to carry
out this section.
SEC. 5213. TRANSPORTATION RESEARCH AND DEVELOP-
MENT STRATEGIC PLANNING.
(a) AMENDMENT.—Section 508 of title 23, United
States Code, is amended to read as follows:
‘‘§ 508. Transportation research and development
strategic planning
‘‘(a) IN GENERAL.—
‘‘(1) DEVELOPMENT.—Not later than 1 year
after the date of enactment of the Surface Transpor-
tation Research and Development Act of 2004, the
Secretary shall develop a 5-year transportation re-
search and development strategic plan to guide Fed-
eral transportation research and development activi-
752
ties. This plan shall be consistent with section 306
of title 5, sections 1115 and 1116 of title 31, and
any other research and development plan within the
Department of Transportation.
‘‘(2) CONTENTS.—The strategic plan developed
under paragraph (1) shall—
‘‘(A) describe the primary purposes of the
transportation research and development pro-
gram, which shall include, at a minimum—
‘‘(i) reducing congestion and improv-
ing mobility;
‘‘(ii) promoting safety;
‘‘(iii) promoting security;
‘‘(iv) protecting and enhancing the en-
vironment;
‘‘(v) preserving the existing transpor-
tation system; and
‘‘(vi) improving the durability and ex-
tending the life of transportation infra-
structure;
‘‘(B) for each purpose, list the primary re-
search and development topics that the Depart-
ment intends to pursue to accomplish that pur-
pose, which may include the fundamental re-
search in the physical and natural sciences, ap-
753
plied research, technology development, and so-
cial science research intended for each topic;
and
‘‘(C) for each research and development
topic, describe—
‘‘(i) the anticipated annual funding
levels for the period covered by the stra-
tegic plan; and
‘‘(ii) the additional information the
Department expects to gain at the end of
the period covered by the strategic plan as
a result of the research and development in
that topic area.
‘‘(3) CONSIDERATIONS.—In developing the stra-
tegic plan, the Secretary shall ensure that the
plan—
‘‘(A) reflects input from a wide range of
stakeholders;
‘‘(B) includes and integrates the research
and development programs of all the Depart-
ment’s operating administrations, including
aviation, transit, rail, and maritime; and
‘‘(C) takes into account how research and
development by other Federal, State, private
sector, and not-for-profit institutions contrib-
754
utes to the achievement of the purposes identi-
fied under paragraph (2)(A), and avoids unnec-
essary duplication with these efforts.
‘‘(4) PERFORMANCE PLANS AND REPORTS.—In
reports submitted under sections 1115 and 1116 of
title 31, the Secretary shall include—
‘‘(A) a summary of the Federal transpor-
tation research and development activities for
the previous fiscal year in each topic area;
‘‘(B) the amount of funding spent in each
topic area;
‘‘(C) a description of the extent to which
the research and development is meeting the ex-
pectations set forth in paragraph (2)(C)(ii); and
‘‘(D) any amendments to the strategic
plan.
‘‘(b) The Secretary shall submit to Congress an an-
nual report, along with the President’s annual budget re-
quest, describing the amount spent in the last completed
fiscal year on transportation research and development
and the amount proposed in the current budget for trans-
portation research and development.
‘‘(c) NATIONAL RESEARCH COUNCIL REVIEW.—The
Secretary shall enter into an agreement for the review by
the National Research Council of the details of each—
755
‘‘(1) strategic plan under section 508;
‘‘(2) performance plan required under section
1115 of title 31; and
‘‘(3) program performance report required
under section 1116 of title 31,
with respect to transportation research and develop-
ment.’’.
(b) CONFORMING AMENDMENT.—The analysis for
chapter 5 of title 23, United States Code, is amended by
striking the item related to section 508 and inserting the
following:
‘‘508. Transportation research and development strategic planning.’’.
Subtitle C—University Transpor-
tation 
Research; 
Scholarship
Opportunities
SEC. 5301. NATIONAL UNIVERSITY TRANSPORTATION CEN-
TERS.
(a) IN GENERAL.—Section 5505 of title 49, United
States Code, is amended to read as follows:
‘‘§ 5505. National university transportation centers
‘‘(a) IN GENERAL.—
‘‘(1) ESTABLISHMENT
AND
OPERATION.—The
Secretary of Transportation shall make grants under
this section to eligible nonprofit institutions of high-
er learning to establish and operate national univer-
sity transportation centers.
756
‘‘(2) ROLE OF CENTERS.—The role of each cen-
ter shall be to advance significantly transportation
research on critical national transportation issues
and to expand the workforce of transportation pro-
fessionals.
‘‘(b) APPLICABILITY OF REQUIREMENTS.—A grant
received by an eligible nonprofit institution of higher
learning under this section shall be available for the same
purposes, and shall be subject to the same terms and con-
ditions, as a grant made to a nonprofit institution of high-
er learning under section 5506.
‘‘(c) ELIGIBLE NONPROFIT INSTITUTION OF HIGHER
LEARNING DEFINED.—In this section, the term ‘eligible
nonprofit institution of higher learning’ means each of the
lead institutions identified in subsections (j)(4)(A),
(j)(4)(B), and (j)(4)(F) of section 5505 as in effect on
the day before the date of enactment of the Transpor-
tation Equity Act: A Legacy for Users, the university re-
ferred to in section 704 of Public Law 103–206 (107 Stat.
2447), and the university that, as of the day before such
date of enactment, is the lead institution for the regional
university transportation center for region 5 of the Stand-
ard Federal Regional Boundary System.
‘‘(d) GRANTS.—In each of fiscal years 2004 through
2009, the Secretary shall make a grant under this section
757
to each eligible nonprofit institution of higher learning in
an amount not to exceed $3,500,000.’’.
(b) CONFORMING AMENDMENT.—The analysis for
subchapter I of chapter 55 of such title is amended by
striking the item relating to section 5505 and inserting
the following:
‘‘5505. National university transportation centers.’’.
SEC. 5302. UNIVERSITY TRANSPORTATION RESEARCH.
(a) IN GENERAL.—Section 5506 of title 49, United
States Code, is amended to read as follows:
‘‘§ 5506. University transportation research
‘‘(a) IN GENERAL.—The Secretary of Transportation
shall make grants under this section to nonprofit institu-
tions of higher learning to establish and operate university
transportation centers.
‘‘(b) OBJECTIVES.—Grants received under this sec-
tion shall be used by nonprofit institutions of higher learn-
ing to advance significantly the state-of-the-art in trans-
portation research and expand the workforce of transpor-
tation professionals through the following programs and
activities:
‘‘(1) RESEARCH.—Basic and applied research,
the products of which are judged by peers or other
experts in the field of transportation to advance the
body of knowledge in transportation.
758
‘‘(2) EDUCATION.—An education program re-
lating to transportation that includes multidisci-
plinary course work and participation in research.
‘‘(3) TECHNOLOGY
TRANSFER.—An ongoing
program of technology transfer that makes transpor-
tation research results available to potential users in
a form that can be implemented, utilized, or other-
wise applied.
‘‘(c) REGIONAL, TIER I, AND TIER II CENTERS.—
‘‘(1) IN
GENERAL.—For each of fiscal years
2004 through 2009, the Secretary shall make grants
under subsection (a) to nonprofit institutions of
higher learning to establish and operate—
‘‘(A) 10 regional university transportation
centers; and
‘‘(B) 10 Tier I university transportation
centers.
‘‘(2) TIER II CENTERS.—For each of fiscal
years 2005 through 2009, the Secretary shall make
grants under subsection (a) to nonprofit institutions
of higher learning to establish and operate 10 Tier
II university transportation centers.
‘‘(3) LOCATION OF REGIONAL CENTERS.—One
regional university transportation center shall be lo-
cated in each of the 10 United States Government
759
regions that comprise the Standard Federal Re-
gional Boundary System.
‘‘(4) LIMITATION.—A nonprofit institution of
higher learning may not directly receive a grant
under this section for a fiscal year for more than
one university transportation center.
‘‘(d) COMPETITIVE SELECTION PROCESS.—
‘‘(1) APPLICATIONS.—In order to be eligible to
receive a grant under this section, a nonprofit insti-
tution of higher learning shall submit to the Sec-
retary an application that is in such form and con-
tains such information as the Secretary may require.
‘‘(2) GENERAL SELECTION CRITERIA.—Except
as otherwise provided by this section, the Secretary
shall select each recipient of a grant under this sec-
tion through a competitive process on the basis of
the following:
‘‘(A) The demonstrated research and ex-
tension resources available to the recipient to
carry out this section.
‘‘(B) The capability of the recipient to pro-
vide leadership in making national and regional
contributions to the solution of immediate and
long-range transportation problems.
760
‘‘(C) The recipient’s demonstrated commit-
ment of at least $400,000 each year in regu-
larly budgeted institutional amounts to support
ongoing transportation research and education
programs.
‘‘(D) The recipient’s demonstrated ability
to disseminate results of transportation re-
search and education programs through a state-
wide or regionwide continuing education pro-
gram.
‘‘(E) The strategic plan the recipient pro-
poses to carry out under the grant.
‘‘(e) REGIONAL UNIVERSITY TRANSPORTATION CEN-
TERS.—
‘‘(1) COMPETITION.—Not later than March 31,
2005, and not later than March 31st of every 4th
year thereafter, the Secretary shall complete a com-
petition among nonprofit institutions of higher
learning for grants to establish and operate the 10
regional university transportation centers referred to
in subsection (c)(1)(A).
‘‘(2) SELECTION
CRITERIA.—In conducting a
competition under paragraph (1), the Secretary shall
select a nonprofit institution of higher learning on
the basis of—
761
‘‘(A) the criteria described in subsection
(d)(2);
‘‘(B) the location of the center within the
Federal region to be served; and
‘‘(C) whether or not the institution (or, in
the case of a consortium of institutions, the
lead institution) can demonstrate that it has a
well-established, nationally recognized program
in transportation research and education, as
evidenced by—
‘‘(i) not less than $2,000,000 in high-
way or public transportation research ex-
penditures each year for each of the pre-
ceding 5 years;
‘‘(ii) not less than 10 graduate de-
grees awarded in professional fields closely
related to highways and public transpor-
tation for year for each of the preceding 5
years; and
‘‘(iii) not less than 5 tenured or ten-
ure-track faculty members who specialize
on a full-time basis in professional fields
closely related to highways and public
transportation who, as a group, have pub-
lished a total at least 50 refereed journal
762
publications on highway or public transpor-
tation research during the preceding 5
years.
‘‘(3) GRANT
RECIPIENTS.—After selecting a
nonprofit institution of higher learning as a grant
recipient on the basis of a competition conducted
under this subsection, the Secretary shall make a
grant to the recipient to establish and operate a re-
gional university transportation center in each of the
first 4 fiscal years beginning after the date of the
competition.
‘‘(4) SPECIAL RULE FOR FISCAL YEARS 2004
AND 2005.—For each of fiscal years 2004 and
2005, the Secretary shall make a grant under this
section to each of the 10 nonprofit institutions of
higher learning that were competitively selected for
grants by the Secretary under this section in July
1999 to operate regional university transportation
centers.
‘‘(5) AMOUNT OF GRANTS.—For each of fiscal
years 2004 through 2009, a grant made by the Sec-
retary to a nonprofit institution of higher learning
for a fiscal year to establish and operate a regional
university transportation center shall not exceed
$3,500,000.
763
‘‘(f) TIER I UNIVERSITY TRANSPORTATION CEN-
TERS.—
‘‘(1) COMPETITION.—Not later than March 31,
2006, and not later than March 31st of every 4th
year thereafter, the Secretary shall complete a com-
petition among nonprofit institutions of higher
learning for grants to establish and operate the 10
Tier I university transportation centers referred to
in subsection (c)(1)(B).
‘‘(2) SELECTION
CRITERIA.—In conducting a
competition under paragraph (1), the Secretary shall
select a nonprofit institution of higher learning on
the basis of—
‘‘(A) the criteria described in subsection
(d)(2); and
‘‘(B) whether or not the institution (or, in
the case of a consortium of institutions, the
lead institution) can demonstrate that it has an
established, recognized program in transpor-
tation research and education, as evidenced
by—
‘‘(i) not less than $1,000,000 in high-
way or public transportation research ex-
penditures each year for each of the pre-
ceding 5 years or not less than $6,000,000
764
in such expenditures during the 5 pre-
ceding years;
‘‘(ii) not less than 5 graduate degrees
awarded in professional fields closely re-
lated to highways and public transpor-
tation each year for each of the preceding
5 years; and
‘‘(iii) not less than 3 tenured or ten-
ure-track faculty members who specialize
on a full-time basis in professional fields
closely related to highways and public
transportation who, as a group, have pub-
lished a total at least 20 refereed journal
publications on highway or public transpor-
tation research during the preceding 5
years.
‘‘(3) GRANT
RECIPIENTS.—After selecting a
nonprofit institution of higher learning as a grant
recipient on the basis of a competition conducted
under this subsection, the Secretary shall make a
grant to the recipient to establish and operate a Tier
I university transportation center in each of the first
4 fiscal years beginning after the date of the com-
petition.
765
‘‘(4) SPECIAL RULE FOR FISCAL YEARS 2004,
2005, AND 2006.—For each of fiscal years 2004,
2005, and 2006, the Secretary shall make a grant
under this section to each of the 10 nonprofit insti-
tutions of higher learning that were competitively se-
lected for grant awards by the Secretary under this
section in May 2002 to operate university transpor-
tation centers (other than regional centers).
‘‘(5) AMOUNT OF GRANTS.—A grant made by
the Secretary to a nonprofit institution of higher
learning for a fiscal year to establish and operate a
Tier I university transportation center shall not ex-
ceed 
$1,000,000 
for 
fiscal 
year 
2004 
and
$1,500,000 for each of fiscal years 2005 through
2009.
‘‘(g) TIER II UNIVERSITY TRANSPORTATION CEN-
TERS.—
‘‘(1) COMPETITION.—Not later than August 31,
2004, not later than March 31, 2008, and not later
than March 31st of every 4th year thereafter, the
Secretary shall complete a competition among non-
profit institutions of higher learning for grants to
establish and operate the 10 Tier II university
transportation centers referred to in subsection
(c)(2).
766
‘‘(2) SELECTION
CRITERIA.—In conducting a
competition under paragraph (1), the Secretary shall
select a nonprofit institution of higher learning on
the basis of the criteria described in subsection
(f)(2).
‘‘(3) GRANT
RECIPIENTS.—After selecting a
nonprofit institution of higher learning as a grant
recipient on the basis of a competition conducted
under this subsection, the Secretary shall—
‘‘(A) in the case of the competition to be
completed not later than August 31, 2004,
make a grant to the recipient to establish and
operate a Tier II university transportation cen-
ter in each of fiscal years 2005 through 2008;
and
‘‘(B) in the case of each subsequent com-
petition, make a grant to the recipient to estab-
lish and operate a Tier II university transpor-
tation center in each of the first 4 fiscal years
beginning after the date of the competition.
‘‘(4) AMOUNT OF GRANTS.—For each of fiscal
years 2005 through 2009, a grant made by the Sec-
retary to a nonprofit institution of higher learning
for a fiscal year to establish and operate a Tier II
767
university transportation center shall not exceed
$1,000,000.
‘‘(h) SUPPORT OF NATIONAL STRATEGY FOR SUR-
FACE TRANSPORTATION RESEARCH.—In order to be eligi-
ble to receive a grant under this section, a nonprofit insti-
tution of higher learning shall provide assurances satisfac-
tory to the Secretary that the research and education ac-
tivities of its university transportation center will support
the national strategy for surface transportation research,
as identified by—
‘‘(1) the report of the National Highway Re-
search and Technology Partnership entitled ‘High-
way Research and Technology: The Need for Great-
er Investment’, dated April 2002; and
‘‘(2) the programs of the National Research
and Technology Program of the Federal Transit Ad-
ministration.
‘‘(i) MAINTENANCE OF EFFORT.—In order to be eli-
gible to receive a grant under this section, a nonprofit in-
stitution of higher learning shall enter into an agreement
with the Secretary to ensure that the institution will main-
tain total expenditures from all other sources to establish
and operate a university transportation center and related
research activities at a level at least equal to the average
768
level of such expenditures in its 2 fiscal years prior to
award of a grant under this section.
‘‘(j) FEDERAL SHARE.—The Federal share of the
costs of activities carried out using a grant made under
this section shall be 50 percent of such costs. The non-
Federal share may include funds provided to a recipient
under section 503, 504(b), or 505 of title 23.
‘‘(k) PROGRAM COORDINATION.—
‘‘(1) COORDINATION.—The Secretary shall co-
ordinate the research, education, and technology
transfer activities that grant recipients carry out
under this section, disseminate the results of the re-
search, and establish and operate a clearinghouse to
disseminate the results of the research.
‘‘(2) ANNUAL REVIEW AND EVALUATION.—At
least annually, and consistent with the plan devel-
oped under section 508 of title 23, the Secretary
shall review and evaluate programs of grant recipi-
ents.
‘‘(3) MANAGEMENT AND OVERSIGHT.—The Sec-
retary shall expend $1,500,000 for each of fiscal
years 2005 through 2009 from amounts made avail-
able to carry out this section to carry out manage-
ment and oversight of the centers receiving assist-
ance under this section.
769
‘‘(l) PROGRAM
ADMINISTRATION.—The Secretary
shall carry out this section acting through the Adminis-
trator of the Research and Special Programs Administra-
tion.
‘‘(m) LIMITATION ON AVAILABILITY OF FUNDS.—
Funds made available to carry out this section shall re-
main available for obligation by the Secretary for a period
of 2 years after the last day of the fiscal year for which
such funds are authorized.’’.
(b) CONFORMING AMENDMENT.—The analysis for
subchapter I of chapter 55 of such title is amended by
striking the item relating to section 5506 and inserting
the following:
‘‘5506. University transportation research.’’.
SEC. 5303. TRANSPORTATION SCHOLARSHIP OPPORTUNI-
TIES PROGRAM.
(a) IN GENERAL.—
(1) ESTABLISHMENT OF PROGRAM.—The Sec-
retary may establish and implement a scholarship
program for the purpose of attracting qualified stu-
dents for transportation-related critical jobs.
(2) PARTNERSHIP.—The Secretary may estab-
lish the program in partnership with appropriate
nongovernmental institutions.
(b) PARTICIPATION AND FUNDING.—An operating
administration of the Department of Transportation and
770
the Office of Inspector General may participate in the
scholarship program. Notwithstanding any other provision
of law, the Secretary may use funds available to an oper-
ating administration or from the Office of Inspector Gen-
eral of the Department of Transportation for the purpose
of carrying out this section.
Subtitle D—Advanced Technologies
SEC. 
5401. 
ADVANCED 
HEAVY-DUTY 
VEHICLE 
TECH-
NOLOGIES RESEARCH PROGRAM.
(a) IN GENERAL.—Subchapter I of chapter 55 of title
49, United States Code, is amended by adding at the end
the following:
‘‘§ 5507. Advanced heavy-duty vehicle technologies
research program
‘‘(a) IN GENERAL.—The Secretary of Transportation
shall conduct research, development, demonstration, and
testing to integrate emerging advanced heavy-duty vehicle
technologies in order to provide seamless, safe, secure, and
efficient transportation and to benefit the environment.
‘‘(b) CONSULTATION.—To ensure the activities per-
formed pursuant to this section achieve the maximum ben-
efit, the Secretary of Transportation shall consult with the
Secretary of Energy, the Administrator of the Environ-
mental Protection Agency, and other relevant Federal
agencies on research, development, and demonstration ac-
771
tivities authorized under this section related to advanced
heavy-duty vehicle technologies.
‘‘(c) GRANTS, COOPERATIVE
AGREEMENTS, AND
OTHER TRANSACTIONS.—The Secretary may make grants
to, and enter into cooperative agreements and other trans-
actions with, Federal and other public agencies (including
State and local governments) and persons to carry out
subsection (a).
‘‘(d) COST SHARING.—At least 50 percent of the
funding for projects carried out under this section must
be provided by non-Federal sources.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated from the Highway Trust
Fund (other than the Mass Transit Account) to carry out
subsection (a) $1,000,000 for fiscal year 2004 and
$3,000,000 for each of fiscal years 2005 through 2009.
‘‘(f) CONTRACT AUTHORITY.—The funds authorized
to be appropriated by subsection (e) shall be available for
obligation in the same manner as if such funds were ap-
portioned under chapter 1 of title 23 and shall be subject
to any limitation on obligations imposed on funds made
available to carry out title V of the Transportation Equity
Act: A Legacy for Users.’’.
772
(b) CONFORMING AMENDMENT.—The analysis for
subchapter I of chapter 55 of such title is amended by
adding at the end the following:
‘‘5507. Advanced heavy-duty vehicle technologies research program.’’.
SEC. 5402. COMMERCIAL REMOTE SENSING PRODUCTS AND
SPATIAL INFORMATION TECHNOLOGIES.
(a) IN GENERAL.—The Secretary shall establish and
carry out a program to validate commercial remote sens-
ing products and spatial information technologies for ap-
plication to national transportation infrastructure develop-
ment and construction.
(b) PROGRAM.—
(1) NATIONAL POLICY.—The Secretary shall es-
tablish and maintain a national policy for the use of
commercial remote sensing products and spatial in-
formation technologies in national transportation in-
frastructure development and construction.
(2) POLICY IMPLEMENTATION.—The Secretary
shall develop new applications of commercial remote
sensing products and spatial information tech-
nologies for the implementation of the national pol-
icy established and maintained under paragraph (1).
(c) COOPERATION.—The Secretary shall carry out
this section in cooperation with the commercial remote
sensing program of the National Aeronautics and Space
773
Administration and a consortium of university research
centers.
(d) FUNDING.—Of the amounts made available by
section 5101(a)(1) of this Act, $3,000,000 for fiscal year
2004 and $9,000,000 for each of fiscal years 2005
through 2009 shall be available to carry out this section.
Subtitle E—Transportation Data
and Analysis
SEC. 5501. BUREAU OF TRANSPORTATION STATISTICS.
Section 111 of title 49, United States Code, is
amended to read as follows:
‘‘§ 111. Bureau of Transportation Statistics
‘‘(a) ESTABLISHMENT.—There is established in the
Department of Transportation a Bureau of Transpor-
tation Statistics.
‘‘(b) DIRECTOR.—
‘‘(1) APPOINTMENT.—The Bureau shall be
headed by a Director who shall be appointed by the
President, by and with the advice and consent of the
Senate.
‘‘(2) QUALIFICATIONS.—The Director shall be
appointed from among individuals who are qualified
to serve as the Director by virtue of their training
and experience in the collection, analysis, and use of
transportation statistics.
774
‘‘(3) REPORTING.—The Director shall report
directly to the Secretary.
‘‘(4) TERM.—The term of the Director shall be
5 years. The Director may continue to serve after
the expiration of the term until a successor is ap-
pointed and confirmed.
‘‘(c) RESPONSIBILITIES.—The Director of the Bu-
reau shall serve as the Secretary’s senior advisor on data
and statistics, and shall be responsible for carrying out
the following duties:
‘‘(1) PROVIDING DATA, STATISTICS, AND ANAL-
YSIS TO TRANSPORTATION DECISIONMAKERS.—En-
suring that the statistics compiled under paragraph
(5) are designed to support transportation decision-
making by the Federal Government, State and local
governments, metropolitan planning organizations,
transportation-related associations, the private sec-
tor (including the freight community), and the pub-
lic.
‘‘(2) COORDINATING COLLECTION OF INFORMA-
TION.—Working with the operating administrations
of the Department to establish and implement the
Bureau’s data programs and to improve the coordi-
nation of information collection efforts with other
Federal agencies.
775
‘‘(3) DATA MODERNIZATION.—Continually im-
proving surveys and data collection methods to im-
prove the accuracy and utility of transportation sta-
tistics.
‘‘(4) ENCOURAGING DATA STANDARDIZATION.—
Encouraging the standardization of data, data col-
lection methods, and data management and storage
technologies for data collected by the Bureau, the
operating administrations of the Department of
Transportation, States, local governments, metro-
politan planning organizations, and private sector
entities.
‘‘(5) COMPILING
TRANSPORTATION
STATIS-
TICS.—Compiling, analyzing, and publishing a com-
prehensive set of transportation statistics on the per-
formance and impacts of the national transportation
system, including statistics on—
‘‘(A) productivity in various parts of the
transportation sector;
‘‘(B) traffic flows for all modes of trans-
portation;
‘‘(C) other elements of the Intermodal
Transportation Database established under sub-
section (g);
776
‘‘(D) travel times and measures of conges-
tion;
‘‘(E) vehicle weights and other vehicle
characteristics;
‘‘(F) demographic, economic, and other
variables influencing traveling behavior, includ-
ing choice of transportation mode, and goods
movement;
‘‘(G) transportation costs for passenger
travel and goods movement;
‘‘(H) availability and use of mass transit
(including the number of passengers served by
each mass transit authority) and other forms of
for-hire passenger travel;
‘‘(I) frequency of vehicle and transpor-
tation facility repairs and other interruptions of
transportation service;
‘‘(J) safety and security for travelers, vehi-
cles, and transportation systems;
‘‘(K) consequences of transportation for
the human and natural environment;
‘‘(L) the extent, connectivity, and condition
of the transportation system, building on the
National Transportation Atlas Database devel-
oped under subsection (g); and
777
‘‘(M) transportation-related variables that
influence the domestic economy and global com-
petitiveness.
‘‘(6) NATIONAL
SPATIAL
DATA
INFRASTRUC-
TURE.—Building and disseminating the transpor-
tation layer of the National Spatial Data Infrastruc-
ture, including coordinating the development of
transportation geospatial data standards, compiling
intermodal geospatial data, and collecting geospatial
data that is not being collected by others.
‘‘(7) ISSUING GUIDELINES.—Issuing guidelines
for the collection of information by the Department
of Transportation required for statistics to be com-
piled under paragraph (5) in order to ensure that
such information is accurate, reliable, relevant, and
in a form that permits systematic analysis. The Bu-
reau shall review and report to the Secretary of
Transportation on the sources and reliability of the
statistics proposed by the heads of the operating ad-
ministrations of the Department to measure outputs
and outcomes as required by the Government Per-
formance and Results Act of 1993, and the amend-
ments made by such Act, and shall carry out such
other reviews of the sources and reliability of other
data collected or statistical information published by
778
the heads of the operating administrations of the
Department as shall be requested by the Secretary.
‘‘(8) MAKING STATISTICS ACCESSIBLE.—Mak-
ing the statistics published under this subsection
readily accessible.
‘‘(d) INFORMATION NEEDS ASSESSMENT.—
‘‘(1) IN GENERAL.—Within 60 days after the
date of the enactment of the Transportation Equity
Act: A Legacy for Users, the Secretary shall enter
into an arrangement with the National Research
Council to develop and publish a National Transpor-
tation Information Needs Assessment (referred to in
this subsection as the ‘Assessment’). The Assess-
ment shall be transmitted to the Secretary and the
Congress not later than 24 months after such ar-
rangement is entered into.
‘‘(2) CONTENT.—The Assessment shall—
‘‘(A) identify, in priority order, transpor-
tation data that is not being collected by the
Bureau, Department of Transportation oper-
ating administrations, or other Federal, State,
or local entities, but is needed to improve trans-
portation decisionmaking at the Federal, State,
and local level and to fulfill the requirements of
subsection (c)(5);
779
‘‘(B) recommend whether the data identi-
fied in subparagraph (A) should be collected by
the Bureau, other parts of the Department, or
by other Federal, State, or local entities, and
whether any data is a higher priority than data
currently being collected;
‘‘(C) identify any data the Bureau or other
Federal, State, and local entities is collecting
that is not needed;
‘‘(D) describe new data collection methods
(including changes in surveys) and other
changes the Bureau or other Federal, State,
and local entities should implement to improve
the standardization, accuracy, and utility of
transportation data and statistics; and
‘‘(E) estimate the cost of implementing
any recommendations.
‘‘(3) CONSULTATION.—In developing the As-
sessment, the National Research Council shall con-
sult with the Department’s Advisory Council on
Transportation Statistics and a representative cross-
section of transportation community stakeholders as
well as other Federal agencies, including the Envi-
ronmental Protection Agency, the Department of