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tation system project described in para-
graph (6), that involves privately owned in-
telligent transportation system components 
and is carried out using funds made avail-
able from the Highway Trust Fund (other 
than the Mass Transit Account) shall not 
be subject to any law or regulation of a 
State or political subdivision of a State 
prohibiting or regulating commercial activi-
ties in the rights-of-way of a highway for 
which funds from the Highway Trust 
Fund (other than the Mass Transit Ac-
count) have been used for planning, de-
sign, construction, or maintenance if the 
Secretary determines that such use is in 
the public interest. 
‘(ii) LIMITATION ON STATUTORY CON-
STRUCTION.—Nothing in this subpara-
graph shall be construed to affect the au-
thority of a State, or political subdivision 
of a State, to regulate highway safety.’. 
SEC. 5206. FREIGHT PLANNING CAPACITY BUILDING. 
(a) IN GENERAL.—Section 504 of title 23, United 
States Code, is further amended by adding at the end the 
following:
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‘(g) FREIGHT CAPACITY BUILDING PROGRAM.—
‘(1) ESTABLISHMENT.—The Secretary shall es-
tablish a freight planning capacity building initiative 
to support enhancements in freight transportation 
planning in order to—
‘(A) better target investments in freight 
transportation systems to maintain efficiency 
and productivity; and 
‘(B) strengthen the decisionmaking capac-
ity of State transportation departments and 
local transportation agencies with respect to 
freight transportation planning and systems. 
‘(2) AGREEMENTS.—The Secretary shall enter 
into agreements to support and carry out adminis-
trative and management activities relating to the 
governance of the freight planning capacity initia-
tive. 
‘(3) STAKEHOLDER
INVOLVEMENT.—In car-
rying out this section, the Secretary shall consult 
with the Association of Metropolitan Planning Orga-
nizations, the American Association of State High-
way and Transportation Officials, and other freight 
planning stakeholders, including the other Federal 
agencies, State transportation departments, local
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governments, nonprofit entities, academia, and the 
private sector. 
‘(4) ELIGIBLE ACTIVITIES.—The freight plan-
ning capacity building initiative shall include re-
search, training, and education in the following 
areas: 
‘(A) The identification and dissemination 
of best practices in freight transportation. 
‘(B) Providing opportunities for freight 
transportation staff to engage in peer exchange. 
‘(C) Refinement of data and analysis tools 
used in conjunction with assessing freight 
transportation needs. 
‘(D) Technical assistance to State trans-
portation departments and local transportation 
agencies reorganizing to address freight trans-
portation issues. 
‘(E) Facilitating relationship building be-
tween governmental and private entities in-
volved in freight transportation. 
‘(F) Identifying ways to target the capac-
ity of State transportation departments and 
local transportation agencies to address freight 
considerations in operations, security, asset 
management, and environmental excellence in
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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 expended. 
‘(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
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through 2009 shall be available to carry out section 504(f) 
of title 23, United States Code. 
(c) TECHNICAL AMENDMENT.—Section 508(c)(3)(C) 
of such title is amended by inserting ‘of title 31’ after 
‘1116’. 
SEC. 5207. ADVANCED TRAVEL FORECASTING PROCEDURES 
PROGRAM. 
(a) 
CONTINUATION
AND
ACCELERATION
OF 
TRANSIMS DEPLOYMENT.—The Secretary shall accel-
erate the deployment of the advanced transportation 
model known as the ‘Transportation Analysis Simulation 
System’ (in this section referred to as ‘TRANSIMS’), de-
veloped by the Los Alamos National Laboratory. The pro-
gram shall assist State departments of transportation and 
metropolitan planning organizations in the implementa-
tion of TRANSIMS, develop methods for TRANSIMS ap-
plications to transportation planning and air quality anal-
ysis, and provide training and technical assistance for the 
implementation of TRANSIMS. The program may sup-
port the development of methods to plan for the transpor-
tation 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—
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(1) provide funding to State departments of 
transportation and metropolitan planning organiza-
tions serving transportation management areas des-
ignated under chapter 52 of title 49, United States 
Code, representing a diversity of populations, geo-
graphic regions, and analytic needs to implement 
TRANSIMS; 
(2) develop methods to demonstrate a wide 
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