I 
108TH CONGRESS 
1ST SESSION H. R. 3550
To authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 20, 2003
Mr. YOUNG of Alaska (for himself, Mr. OBERSTAR, Mr. PETRI, Mr. LIPINSKI, 
Mr. BOEHLERT, Mr. RAHALL, Mr. COBLE, Mr. DEFAZIO, Mr. DUNCAN, 
Mr. COSTELLO, Mr. GILCHREST, Ms. NORTON, Mr. MICA, Mr. NADLER, 
Mr. HOEKSTRA, Mr. MENENDEZ, Mr. QUINN, Ms. CORRINE BROWN of 
Florida, Mr. EHLERS, Mr. FILNER, Mr. BACHUS, Ms. EDDIE BERNICE 
JOHNSON of Texas, Mr. LATOURETTE, Mr. TAYLOR of Mississippi, Mrs. 
KELLY, Ms. MILLENDER-MCDONALD, Mr. BAKER, Mr. CUMMINGS, Mr. 
NEY, Mr. BLUMENAUER, Mr. LOBIONDO, Mrs. TAUSCHER, Mr. MORAN 
of Kansas, Mr. PASCRELL, Mr. GARY G. MILLER of California, Mr. BOS-
WELL, Mr. BEREUTER, Mr. HOLDEN, Mr. ISAKSON, Mr. LAMPSON, Mr. 
HAYES, Mr. BAIRD, Mr. SIMMONS, Ms. BERKLEY, Mrs. CAPITO, Mr. 
HONDA, Mr. BROWN of South Carolina, Mr. LARSEN of Washington, Mr. 
JOHNSON of Illinois, Mr. CAPUANO, Mr. REHBERG, Mr. WEINER, Mr. 
PLATTS, Ms. CARSON of Indiana, Mr. GRAVES, Mr. HOEFFEL, Mr. KEN-
NEDY of Minnesota, Mr. THOMPSON of California, Mr. SHUSTER, Mr. 
BISHOP of New York, Mr. BOOZMAN, Mr. MICHAUD, Mr. CHOCOLA, Mr. 
DAVIS of Tennessee, Mr. BEAUPREZ, Mr. BURGESS, Mr. BURNS, Mr. 
PEARCE, Mr. GERLACH, Mr. MARIO DIAZ-BALART of Florida, Mr. POR-
TER, Mr. MATHESON, and Mr. CARSON of Oklahoma) introduced the fol-
lowing bill; which was referred to the Committee on Transportation and 
Infrastructure 
A BILL 
To authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Transportation Equity Act: A Legacy for Users’’. 
(b) TABLE OF CONTENTS.—
Sec. 1. Short title; table of contents 
Sec. 2. Definition.
TITLE I—FEDERAL-AID HIGHWAYS 
Subtitle A—Authorization of Programs 
Sec. 1101. Authorizations of appropriations. 
Sec. 1102. Obligation ceiling. 
Sec. 1103. Apportionments. 
Sec. 1104. Minimum guarantee. 
Sec. 1105. Revenue aligned budget authority. 
Sec. 1106. Emergency relief. 
Sec. 1107. Surface transportation program. 
Sec. 1108. Highway use tax evasion projects. 
Sec. 1109. Appalachian development highway system. 
Sec. 1110. Construction of ferry boats and ferry terminal facilities. 
Sec. 1111. Interstate maintenance discretionary. 
Sec. 1112. Highway bridge. 
Sec. 1113. Transportation and community and system preservation program. 
Sec. 1114. Deployment of magnetic levitation transportation projects. 
Sec. 1115. Recreational trails. 
Sec. 1116. Federal lands highways. 
Sec. 1117. Indian transportation bonds. 
Sec. 1118. Pedestrian and cyclist equity. 
Sec. 1119. National commissions. 
Sec. 1120. Hydrogen infrastructure deployment pilot program. 
Sec. 1121. Adjustments for the Surface Transportation Extension Act of 2003. 
Subtitle B—Congestion Relief 
Sec. 1201. Motor vehicle congestion relief. 
Sec. 1202. Transportation systems management and operations. 
Sec. 1203. Real-time system management information program. 
Sec. 1204. Expedited national intelligent transportation systems deployment 
program. 
Sec. 1205. Intelligent transportation systems deployment. 
Sec. 1206. Environmental review of activities that support deployment of intel-
ligent transportation systems. 
Sec. 1207. Assumption of responsibility for certain programs and projects. 
Sec. 1208. HOV lanes. 
Sec. 1209. Congestion pricing pilot program.
Subtitle C—Mobility and Efficiency 
Sec. 1301. National corridor infrastructure improvement program. 
Sec. 1302. Coordinated border infrastructure program. 
Sec. 1303. Freight intermodal connectors. 
Sec. 1304. Projects of national and regional significance 
Sec. 1305. Dedicated truck lanes. 
Sec. 1306. Truck parking facilities. 
Subtitle D—Highway Safety 
Sec. 1401. Highway safety improvement program. 
Sec. 1402. Worker injury prevention and free flow of vehicular traffic. 
Sec. 1403. High risk rural road safety improvement program. 
Sec. 1404. Transfers of apportionments to safety programs. 
Sec. 1405. Safety incentives to prevent operation of motor vehicles by intoxi-
cated persons. 
Subtitle E—Construction and Contract Efficiencies 
Sec. 1501. Design-build. 
Sec. 1502. Warranty highways. 
Sec. 1503. Public-private venture. 
Sec. 1504. Highways for LIFE pilot program. 
Sec. 1505. Unit bid pricing. 
Subtitle F—Finance 
Sec. 1601. Transportation Infrastructure Finance and Innovation Act. 
Sec. 1602. State infrastructure banks. 
Sec. 1603. Interstate system reconstruction and rehabilitation pilot program. 
Subtitle G—High Priority Projects 
Sec. 1701. High priority projects program.
TITLE II—HIGHWAY SAFETY 
Sec. 2001. Authorizations of appropriations. 
Sec. 2002. Occupant protection incentive grants. 
Sec. 2003. Alcohol-impaired driving countermeasures. 
Sec. 2004. State traffic safety information system improvements. 
Sec. 2005. High visibility enforcement program. 
Sec. 2006. Motorcycle crash causation study. 
Sec. 2007. Child safety and booster seats.
TITLE III—FEDERAL TRANSIT ADMINISTRATION PROGRAMS 
Sec. 3001. Short title; amendments to title 49, United States Code. 
Sec. 3002. Policies, findings, and purposes. 
Sec. 3003. Definitions. 
Sec. 3004. Metropolitan planning. 
Sec. 3005. Statewide planning. 
Sec. 3006. Planning programs. 
Sec. 3007. Private enterprise participation. 
Sec. 3008. Urbanized area formula grants. 
Sec. 3009. Clean fuels formula grant program. 
Sec. 3010. Capital investment grants.
Sec. 3011. Formula grants for special needs of elderly individuals and individ-
uals with disabilities. 
Sec. 3012. Formula grants for other than urbanized areas. 
Sec. 3013. Research, development, demonstration, and deployment projects. 
Sec. 3014. Cooperative research program. 
Sec. 3015. National research and technology programs. 
Sec. 3016. National transit institute. 
Sec. 3017. Job access and reverse commute formula grants. 
Sec. 3018. New freedom program. 
Sec. 3019. Bus testing facility. 
Sec. 3020. Bicycle facilities. 
Sec. 3021. Transit in the parks pilot program. 
Sec. 3022. Human resource programs. 
Sec. 3023. General provisions on assistance. 
Sec. 3024. Special provisions for capital projects. 
Sec. 3025. Contract requirements. 
Sec. 3026. Project management oversight and review. 
Sec. 3027. Investigations of safety and hazards. 
Sec. 3028. State safety oversight. 
Sec. 3029. Controlled substances and alcohol misuse testing. 
Sec. 3030. Employee protective arrangements. 
Sec. 3031. Administrative procedures. 
Sec. 3032. National transit database. 
Sec. 3033. Apportionments based on fixed guideway factors. 
Sec. 3034. Authorizations. 
Sec. 3035. Over-the-road bus accessibility program. 
Sec. 3036. Updated terminology. 
Sec. 3037. Projects for new fixed guideway systems and extensions to existing 
systems. 
Sec. 3038. Projects for bus and bus-related facilities. 
Sec. 3039. Fuel cell bus program. 
Sec. 3040. Extension of public transit vehicle exemption from axle weight re-
strictions. 
Sec. 3041. High-intensity small-urbanized area formula grant program. 
Sec. 3042. Allocations for national research and technology programs. 
Sec. 3043. Obligation ceiling. 
Sec. 3044. Adjustments for the Surface Transportation Extension Act of 2003.
TITLE IV—MOTOR CARRIER SAFETY 
Sec. 4001. Authorization of appropriations. 
Sec. 4002. Motor carrier safety grants. 
Sec. 4003. Border enforcement grants. 
Sec. 4004. Commercial driver’s license improvements. 
Sec. 4005. Hobbs Act. 
Sec. 4006. Penalty for denial of access to records. 
Sec. 4007. Medical review board. 
Sec. 4008. Increased penalties for out-of-service violations and false records. 
Sec. 4009. Commercial vehicle information systems and networks deployment. 
Sec. 4010. Safety fitness. 
Sec. 4011. Pattern of safety violations by motor carrier or broker management. 
Sec. 4012. Motor carrier research and technology program. 
Sec. 4013. International cooperation. 
Sec. 4014. Performance and registration information system management. 
Sec. 4015. Data quality improvement.
Sec. 4016. Completion of uniform carrier registration. 
Sec. 4017. Registration of motor carriers and freight forwarders. 
Sec. 4018. Deposit of certain civil penalties into Highway Trust Fund. 
Sec. 4019. Outreach and education. 
Sec. 4020. Insulin treated diabetes mellitus. 
Sec. 4021. Grant program for commercial motor vehicle operators. 
Sec. 4022. Commercial motor vehicle safety advisory committee. 
Sec. 4023. Safety data improvement program. 
Sec. 4024. Household goods transportation. 
Sec. 4025. Commercial driver’s license information system improvements. 
Sec. 4026. Technical corrections.
TITLE V—TRANSPORTATION RESEARCH AND EDUCATION 
Subtitle A—Funding 
Sec. 5101. Authorization of appropriations. 
Sec. 5002. Obligation ceiling. 
Subtitle B—Research, Technology, and Education 
Sec. 5201. Research, technology, and education. 
Sec. 5202. Long-term bridge performance program; innovative bridge research 
and deployment program. 
Sec. 5203. Surface transportation environment and planning cooperative re-
search program. 
Sec. 5204. Technology deployment. 
Sec. 5205. Training and education. 
Sec. 5206. Freight planning capacity building. 
Sec. 5207. Advanced travel forecasting procedures program. 
Sec. 5208. National cooperative freight transportation research program. 
Sec. 5209. Future strategic highway research program. 
Sec. 5210. Transportation safety information management system project. 
Sec. 5211. Surface transportation congestion relief solutions research initiative. 
Subtitle C—University Transportation Research; Scholarship Opportunities 
Sec. 5301. National university transportation centers. 
Sec. 5302. University transportation research. 
Sec. 5303. Transportation scholarship opportunities program. 
Subtitle D—Advanced Technologies 
Sec. 5401. Advanced heavy-duty vehicle technologies research program. 
Sec. 5402. Commercial remote sensing products and spatial information tech-
nologies. 
Subtitle E—Transportation Data and Analysis 
Sec. 5501. Bureau of Transportation Statistics. 
Subtitle F—Intelligent Transportation Systems Research 
Sec. 5601. Short title. 
Sec. 5602. Goals and purposes. 
Sec. 5603. General authorities and requirements. 
Sec. 5604. National architecture and standards. 
Sec. 5605. Research and development.
Sec. 5606. Infrastructure development. 
Sec. 5607. Definitions. 
Sec. 5608. Repeal.
TITLE VI—PLANNING AND PROJECT DELIVERY
TITLE VII—HAZARDOUS MATERIALS TRANSPORTATION
TITLE VIII—TRANSPORTATION DISCRETIONARY SPENDING 
GUARANTEE
SEC. 2. DEFINITION. 
In this Act, the term ‘‘Secretary’’ means the Sec-
retary of Transportation.
TITLE I—FEDERAL-AID 
HIGHWAYS 
Subtitle A—Authorization of 
Programs 
SEC. 1101. AUTHORIZATIONS OF APPROPRIATIONS. 
(a) IN GENERAL.—The following sums are author-
ized to be appropriated from the Highway Trust Fund 
(other than the Mass Transit Account): 
(1) INTERSTATE
MAINTENANCE
PROGRAM.—
For the Interstate maintenance program under sec-
tion 
119 
of 
title 
23, 
United 
States 
Code, 
$4,500,615,000 
for 
fiscal 
year 
2004, 
$4,988,088,000 
for 
fiscal 
year 
2005, 
$5,359,491,000 
for 
fiscal 
year, 
2006, 
$5,711,450,000 
for 
fiscal 
year 
2007, 
$5,865,610,000 
for 
fiscal 
year 
2008, 
and 
$6,072,843,000 for fiscal year 2009.
(2) NATIONAL HIGHWAY SYSTEM.—For the Na-
tional Highway System under section 103 of that 
title, 
$5,400,738,000 
for 
fiscal 
year 
2004, 
$5,985,705,000 
for 
fiscal 
year 
2005, 
$6,431,389,000 
for 
fiscal 
year 
2006, 
$6,853,739,000 
for 
fiscal 
year 
2007, 
$7,038,732,000 
for 
fiscal 
year 
2008, 
and 
$7,287,412,000 for fiscal year 2009. 
(3) BRIDGE
PROGRAM.—For the bridge pro-
gram 
under 
section 
144 
of 
that 
title, 
$3,861,779,000 
for 
fiscal 
year 
2004, 
$4,280,057,000 
for 
fiscal 
year 
2005, 
$4,598,742,000 
for 
fiscal 
year 
2006, 
$4,900,742,000 
for 
fiscal 
year 
2007, 
$5,033,021,000 
for 
fiscal 
year 
2008, 
and 
$5,210,839,000 for fiscal year 2009. 
(4) HIGHWAY
SAFETY
IMPROVEMENT
PRO-
GRAM.—For the highway safety improvement pro-
gram under sections 130 and 152 of that title, 
$1,000,000,000 
for 
fiscal 
year 
2004, 
$1,100,000,000 
for 
fiscal 
year 
2005, 
$1,200,000,000 
for 
fiscal 
year 
2006, 
$1,300,000,000 
for 
fiscal 
year 
2007, 
$1,400,000,000 
for 
fiscal 
year 
2008, 
and 
$1,500,000,000 for fiscal year 2009. Of such funds
1⁄3 per fiscal year shall be available to carry out sec-
tion 130 and 2⁄3 shall be available to carry out sec-
tion 152. 
(5) SURFACE
TRANSPORTATION
PROGRAM.—
For the surface transportation program under sec-
tion 133 of that title, $6,285,669,000 for fiscal year 
2004, 
$6,953,706,000 
for 
fiscal 
year 
2005, 
$7,460,645,000 
for 
fiscal 
year 
2006, 
$7,941,679,000 
for 
fiscal 
year 
2007, 
$8,146,898,000 
for 
fiscal 
year 
2008, 
and 
$8,446,153,000 for fiscal year 2009. 
(6) CONGESTION MITIGATION AND AIR QUALITY 
IMPROVEMENT PROGRAM.—For the congestion miti-
gation and air quality improvement program under 
section 149 of that title, $1,530,210,000 for fiscal 
year 2004, $1,695,950,000 for fiscal year 2005, 
$1,822,227,000 
for 
fiscal 
year 
2006, 
$1,941,893,000 
for 
fiscal 
year 
2007, 
$1,994,307,000 
for 
fiscal 
year 
2008, 
and 
$2,064,767,000 for fiscal year 2009. 
(7) APPALACHIAN
DEVELOPMENT
HIGHWAY 
SYSTEM PROGRAM.—For the Appalachian develop-
ment highway system program under section 14501 
of title 40, United States Code, $600,000,000 for 
each of fiscal years 2004 through 2009.
(8) RECREATIONAL TRAILS PROGRAM.—For the 
recreational trails program under section 206 of title 
23, United States Code, $70,000,000 for fiscal year 
2004, 
$90,000,000 
for 
fiscal 
year 
2005, 
$110,000,000 for fiscal year 2006, $130,000,000 for 
fiscal year 2007, $150,000,000 for fiscal year 2008, 
and $150,000,000 for fiscal year 2009. 
(9) FEDERAL LANDS HIGHWAYS PROGRAM.—
(A) INDIAN
RESERVATION
ROADS.—For 
Indian reservation roads under section 204 of 
title 23, United States Code, $375,000,000 for 
fiscal year 2004, $425,000,000 for fiscal year 
2005, $475,000,000 for fiscal year 2006, 
$500,000,000 
for 
fiscal 
year 
2007, 
$550,000,000 
for 
fiscal 
year 
2008, 
and 
$550,000,000 for fiscal year 2009. 
(B) PARK
ROADS
AND
PARKWAYS.—For 
park roads and parkways roads under section 
204 of that title, $180,000,000 for fiscal year 
2004, $205,000,000 for fiscal year 2005, 
$230,000,000 
for 
fiscal 
year 
2006, 
$255,000,000 
for 
fiscal 
year 
2007, 
$280,000,000 
for 
fiscal 
year 
2008, 
and 
$305,000,000 for fiscal year 2009.
(C) PUBLIC LANDS HIGHWAY.—For public 
lands highway under section 204 of that title, 
$250,000,000 
for 
fiscal 
year 
2004, 
$275,000,000 
for 
fiscal 
year 
2005, 
$300,000,000 
for 
fiscal 
year 
2006, 
$325,000,000 
for 
fiscal 
year 
2007, 
$350,000,000 
for 
fiscal 
year 
2008, 
and 
$375,000,000 for fiscal year 2009. 
(D) REFUGE
ROADS.—For refuge roads 
under section 204 of that title, $25,000,000 for 
each of fiscal years 2004 through 2009. 
(E) INDIAN
TRANSPORTATION
BONDS.—
For the Indian transportation bonds under sec-
tion 1117 of this title, $25,000,000 for fiscal 
year 2004, $25,000,000 for fiscal year 2005, 
$25,000,000 for fiscal year 2006, $50,000,000 
for fiscal year 2007, $50,000,000 for fiscal year 
2008, and $50,000,000 for fiscal year 2009. 
(10) NATIONAL
CORRIDOR
INFRASTRUCTURE 
IMPROVEMENT PROGRAM.—For the national corridor 
infrastructure improvement program under section 
1301 of this title, $500,000,000 for fiscal year 2004, 
$900,000,000 for fiscal year 2005, $900,000,000 for 
fiscal year 2006, $900,000,000 for fiscal year 2007,
$900,000,000 
for 
fiscal 
year 
2008, 
and 
$900,000,000 for fiscal year 2009. 
(11) COORDINATED BORDER INFRASTRUCTURE 
PROGRAM.—For the coordinated border infrastruc-
ture program under section 1302 of this title, 
$200,000,000 for fiscal year 2004, $300,000,000 for 
fiscal year 2005, $325,000,000 for fiscal year 2006, 
$350,000,000 for fiscal year 2007, $400,000,000 for 
fiscal year 2008, and $400,000,000 for fiscal year 
2009. 
(12) PROJECTS OF NATIONAL AND REGIONAL 
SIGNIFICANCE PROGRAM.—For the projects of na-
tional and regional significance program under sec-
tion 1304 of this title, $2,900,000,000 for fiscal 
year 2004, $2,900,000,000 for fiscal year 2005, 
$2,900,000,000 
for 
fiscal 
year 
2006, 
$2,900,000,000 
for 
fiscal 
year 
2007, 
$3,000,000,000 
for 
fiscal 
year 
2008, 
and 
$3,000,000,000 for fiscal year 2009. 
(13) CONSTRUCTION
OF
FERRY
BOATS
AND 
FERRY TERMINAL FACILITIES.—For construction of 
ferry boats and ferry terminal facilities under sec-
tion 
165 
of 
title 
23, 
United 
States 
Code, 
$100,000,000 for fiscal year 2004, $105,000,000 for 
fiscal year 2005, $110,000,000 for fiscal year 2006,
$115,000,000 for fiscal year 2007, $120,000,000 for 
fiscal year 2008, and $125,000,000 for fiscal year 
2009. 
(14) NATIONAL
SCENIC
BYWAYS
PROGRAM.—
For the national scenic byways program under sec-
tion 
162 
of 
title 
23, 
United 
States 
Code, 
$35,000,000 for fiscal year 2004, $50,000,000 for 
fiscal year 2005, $65,000,000 for fiscal year 2006, 
$80,000,000 for fiscal year 2007, $95,000,000 for 
fiscal year 2008, and $110,000,000 for fiscal year 
2009. 
(15) CONGESTION PRICING PILOT PROGRAM.—
For the congestion pricing pilot program under sec-
tion 1209 of this title, $25,000,000 for fiscal year 
2004, 
$25,000,000 
for 
fiscal 
year 
2005, 
$25,000,000 for fiscal year 2006, $25,000,000 for 
fiscal year 2007, $25,000,000 for fiscal year 2008, 
and $25,000,000 for fiscal year 2009. 
(16) DEPLOYMENT OF 511 TRAVELER INFORMA-
TION PROGRAM.—For the 511 traveler information 
program under section 1204(c)(7) of this title, 
$25,000,000 for each of fiscal years 2004 through 
2009. 
(17) HIGH
PRIORITY
PROJECTS
PROGRAM.—
For the high priority projects program under section
117 of title 23, United States Code, $1,953,000,000 
for fiscal year 2004, $2,144,793,000 for fiscal year 
2005, 
$2,355,412,000 
for 
fiscal 
year 
2006, 
$2,586,713,000 
for 
fiscal 
year 
2007, 
$2,840,728,000 
for 
fiscal 
year 
2008, 
and 
$3,119,688,000 for fiscal year 2009. 
(18) FREIGHT INTERMODAL CONNECTOR PRO-
GRAM.—For the freight intermodal connector pro-
gram under section 1303 of this title, $300,000,000 
for fiscal year 2004, $400,000,000 for fiscal year 
2005, 
$500,000,000 
for 
fiscal 
year 
2006, 
$600,000,000 for fiscal year 2007, $600,000,000 for 
fiscal year 2008, and $600,000,000 for fiscal year 
2009. 
(19) HIGH
RISK
RURAL
ROAD
SAFETY
IM-
PROVEMENT
PROGRAM.—For the high risk rural 
road safety improvement program under section 
1403 of this title, $250,000,000 for fiscal year 2004, 
$250,000,000 for fiscal year 2005, $250,000,000 for 
fiscal year 2006, $250,000,000 for fiscal year 2007, 
$250,000,000 
for 
fiscal 
year 
2008, 
and 
$250,000,000 for fiscal year 2009. 
(20) HIGHWAY USE TAX EVASION PROGRAM.—
For highway use tax evasion projects under section 
143 of title 23, United States Code, $26,000,000 for
fiscal year 2004, $55,000,000 for fiscal year 2005, 
$55,000,000 for fiscal year 2006, $44,000,000 for 
fiscal year 2007, $11,000,000 for fiscal year 2008, 
and $11,000,000 for fiscal year 2009. 
(21) PEDESTRIAN AND CYCLIST EQUITY.—
(A) TRANSPORTATION AND ACTIVE LIVING 
PROGRAM.—For the transportation and active 
living program under section 1118 of this title, 
$25,000,000 for each of fiscal years 2004 
through 2009. [Reserved.] 
(B) SAFE
ROUTES
TO
SCHOOL
PRO-
GRAM.—For the safe routes to school program 
under section 1118 of this title, $250,000,000 
for each of the fiscal years 2004 through 2009. 
(C) NONMOTORIZED
PILOT
PROGRAM.—
For the nonmotorized pilot program under sec-
tion 1118 of this title, $20,000,000 for each of 
fiscal 
years 
2004 
through 
2006 
and 
$40,000,000 for each of fiscal years 2007 
through 2009. [Reserved.] 
(22) DEDICATED
TRUCK
LANES.—For dedi-
cated truck lanes under section 1305 of this title, 
$250,000,000 
for 
fiscal 
year 
2004 
and 
$350,000,000 for each of fiscal years 2005 through 
2009.
(23) HIGHWAYS FOR LIFE PROGRAM.—For the 
highways for life program under section 1504 of this 
title, $125,000,000 for each of fiscal years 2004 
through 2009. 
(24) COMMONWEALTH OF PUERTO RICO HIGH-
WAY PROGRAM.—For the Commonwealth of Puerto 
Rico highway program under section 1214(r) of the 
Transportation Equity Act for the 21st Century 
(112 Stat. 209), $130,000,000 for fiscal year 2004, 
$140,000,000 for fiscal year 2005, $150,000,000 for 
fiscal year 2006, $160,000,000 for fiscal year 2007, 
$170,000,000 
for 
fiscal 
year 
2008, 
and 
$180,000,000 for fiscal year 2009. 
(b) DISADVANTAGED BUSINESS ENTERPRISES.—
(1) GENERAL RULE.—Except to the extent that 
the Secretary determines otherwise, not less than 10 
percent of the amounts made available for any pro-
gram under titles I, III, and V of this Act shall be 
expended with small business concerns owned and 
controlled by socially and economically disadvan-
taged individuals. 
(2) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply: 
(A) SMALL
BUSINESS
CONCERN.—The 
term ‘‘small business concern’’ has the meaning
such term has under section 3 of the Small 
Business Act (15 U.S.C. 632); except that such 
term shall not include any concern or group of 
concerns controlled by the same socially and 
economically disadvantaged individual or indi-
viduals which has average annual gross receipts 
over the preceding 3 fiscal years in excess of 
$17,420,000, as adjusted by the Secretary for 
inflation. 
(B) SOCIALLY
AND
ECONOMICALLY
DIS-
ADVANTAGED
INDIVIDUALS.—The term ‘‘so-
cially and economically disadvantaged individ-
uals’’ has the meaning such term has under 
section 8(d) of the Small Business Act (15 
U.S.C. 637(d)) and relevant subcontracting reg-
ulations promulgated pursuant thereto; except 
that women shall be presumed to be socially 
and economically disadvantaged individuals for 
purposes of this subsection. 
(3) ANNUAL LISTING OF DISADVANTAGED BUSI-
NESS ENTERPRISES.—Each State shall annually sur-
vey and compile a list of the small business concerns 
referred to in paragraph (1) and the location of such 
concerns in the State and notify the Secretary, in 
writing, of the percentage of such concerns which
are controlled by women, by socially and economi-
cally disadvantaged individuals (other than women), 
and by individuals who are women and are otherwise 
socially and economically disadvantaged individuals. 
(4) UNIFORM CERTIFICATION.—The Secretary 
shall establish minimum uniform criteria for State 
governments to use in certifying whether a concern 
qualifies for purposes of this subsection. Such min-
imum uniform criteria shall include, but not be lim-
ited to, on-site visits, personal interviews, licenses, 
analysis of stock ownership, listing of equipment, 
analysis of bonding capacity, listing of work com-
pleted, resume of principal owners, financial capac-
ity, and type of work preferred. 
(5) COMPLIANCE WITH COURT ORDERS.—Noth-
ing in this subsection limits the eligibility of an enti-
ty or person to receive funds made available under 
titles I, III, and V of this Act if the entity or person 
is prevented, in whole or in part, from complying 
with paragraph (1) because a Federal court issues a 
final order in which the court finds that the require-
ment of paragraph (1), or the program established 
under paragraph (1), is unconstitutional.
(6) under sections 1103 through 1108 of the 
Intermodal Surface Transportation Efficiency Act of 
1991; 
(7) under section 157 of title 23, United States 
Code, as in effect on June 8, 1998; 
(8) under section 105 of title 23, United States 
Code (but, for each of fiscal years 1998 through 
2013), only in an amount equal to $639,000,000 per 
fiscal year; and 
(9) for Federal-aid highway programs for which 
obligation authority was made available under the 
Transportation Equity Act for the 21st Century or 
subsequent public laws for multiple years or to re-
main available until used, but only to the extent that 
such obligation authority has not lapsed or been 
used. 
(c) DISTRIBUTION OF OBLIGATION AUTHORITY.—
For each of fiscal years 2004 through 2009, the Secretary 
shall—
(1) not distribute obligation authority provided 
by subsection (a) for such fiscal year for amounts 
authorized for administrative expenses and amounts 
authorized for the highway use tax evasion program 
and the Bureau of Transportation Statistics;
(2) not distribute an amount of obligation au-
thority provided by subsection (a) that is equal to 
the unobligated balance of amounts made available 
from the Highway Trust Fund (other than the Mass 
Transit Account) for Federal-aid highway and high-
way safety programs for previous fiscal years the 
funds for which are allocated by the Secretary; 
(3) determine the ratio that—
(A) the obligation authority provided by 
subsection (a) for such fiscal year less the ag-
gregate of amounts not distributed under para-
graphs (1) and (2), bears to 
(B) the total of the sums authorized to be 
appropriated for Federal-aid highway and high-
way safety construction programs (other than 
sums authorized to be appropriated for sections 
set forth in paragraphs (1) through (7) of sub-
section (b) and sums authorized to be appro-
priated for section 105 of title 23, United 
States Code, equal to the amount referred to in 
subsection (b)(8)) for such fiscal year less the 
aggregate of the amounts not distributed under 
paragraph (1) of this subsection; 
(4) distribute the obligation authority provided 
by subsection (a) less the aggregate amounts not
distributed under paragraphs (1) and (2) for section 
117 of title 23, United States Code (relating to high 
priority projects program), section 14501 of title 40, 
United States Code (relating to Appalachian devel-
opment highway system), and $2,000,000,000 for 
such fiscal year under section 105 of title 23, United 
States Code (relating to minimum guarantee) so 
that amount of obligation authority available for 
each of such sections is equal to the amount deter-
mined by multiplying the ratio determined under 
paragraph (3) by the sums authorized to be appro-
priated for such section (except in the case of sec-
tion 105, $2,000,000,000) for such fiscal year; 
(5) distribute the obligation authority provided 
by subsection (a) less the aggregate amounts not 
distributed under paragraphs (1) and (2) and 
amounts distributed under paragraph (4) for each of 
the programs that are allocated by the Secretary 
under this Act and title 23, United States Code 
(other than activities to which paragraph (1) applies 
and programs to which paragraph (4) applies) by 
multiplying the ratio determined under paragraph 
(3) by the sums authorized to be appropriated for 
such program for such fiscal year; and
(6) distribute the obligation authority provided 
by subsection (a) less the aggregate amounts not 
distributed under paragraphs (1) and (2) and 
amounts distributed under paragraphs (4) and (5) 
for Federal-aid highway and highway safety con-
struction programs (other than the minimum guar-
antee program, but only to the extent that amounts 
apportioned for the minimum guarantee program for 
such fiscal year exceed $2,639,000,000, and the Ap-
palachian development highway system program) 
that are apportioned by the Secretary under this Act 
and title 23, United States Code, in the ratio that—
(A) sums authorized to be appropriated for 
such programs that are apportioned to each 
State for such fiscal year, bear to 
(B) the total of the sums authorized to be 
appropriated for such programs that are appor-
tioned to all States for such fiscal year. 
(d) REDISTRIBUTION OF UNUSED OBLIGATION AU-
THORITY.—Notwithstanding subsection (c), the Secretary 
shall after August 1 of each of fiscal years 2004 through 
2009 revise a distribution of the obligation authority made 
available under subsection (c) if an amount made available 
under this section will not be obligated during the fiscal 
year and redistribute sufficient amounts to those States
able to obligate amounts in addition to those previously 
distributed during that fiscal year. In making the redis-
tribution, the Secretary shall give priority to those States 
having large unobligated balances of funds apportioned 
under sections 104 and 144 of title 23, United States 
Code. 
(e) APPLICABILITY OF OBLIGATION LIMITATIONS TO 
TRANSPORTATION
RESEARCH
PROGRAMS.—Obligation 
limitations imposed by subsection (a) shall apply to trans-
portation research programs carried out under chapter 5 
of title 23, United States Code, and under title V of this 
Act; except that obligation authority made available for 
such programs under such limitations shall remain avail-
able for a period of 3 fiscal years. 
(f) REDISTRIBUTION
OF
CERTAIN
AUTHORIZED 
FUNDS.—Not later than 30 days after the date of the dis-
tribution of obligation authority under subsection (c) for 
each of fiscal years 2004 through 2009, the Secretary 
shall distribute to the States any funds (1) that are au-
thorized to be appropriated for such fiscal year for Fed-
eral-aid highway programs, and (2) that the Secretary de-
termines will not be allocated to the States, and will not 
be available for obligation, in such fiscal year due to the 
imposition of any obligation limitation for such fiscal year. 
Such distribution to the States shall be made in the same
ratio as the distribution of obligation authority under sub-
section (c)(6). The funds so distributed shall be available 
for any purposes described in section 133(b) of title 23, 
United States Code. 
(g) SPECIAL RULE.—Obligation authority distributed 
for a fiscal year under subsection (c)(4) for a section set 
forth in subsection (c)(4) shall remain available until used 
for obligation of funds for such section and shall be in 
addition to the amount of any limitation imposed on obli-
gations for Federal-aid highway and highway safety con-
struction programs for future fiscal years. 
(h) INCREASE IN OBLIGATION LIMIT.—Limitations 
on obligations imposed by subsection (a) for a fiscal year 
shall be increased by an amount equal to the amount de-
termined pursuant to section 251(b)(1)(B)(ii)(I)(cc) of the 
Balanced Budget and Emergency Deficit Control Act of 
1985 (2 U.S.C. 901(b)(2)(B)(ii)(I)(cc)) for such fiscal 
year. Any such increase shall be distributed in accordance 
with this section. 
(i) LIMITATIONS ON OBLIGATIONS FOR ADMINISTRA-
TIVE EXPENSES.—Notwithstanding any other provision of 
law, the total amount of all obligations under section 
104(a) of title 23, United States Code, shall not exceed—
(1) $400,000,000 for fiscal year 2004; 
(2) $410,000,000 for fiscal year 2005;
(3) $420,000,000 for fiscal year 2006; 
(4) $430,000,000 for fiscal year 2007; 
(5) $440,000,000 for fiscal year 2008; and 
(6) $450,000,000 for fiscal year 2009. 
SEC. 1103. APPORTIONMENTS.
(a) ADMINISTRATIVE EXPENSES.—Section 104(a) of 
title 23, United States Code, is amended—
(1) by striking paragraphs (1) and (2) and in-
serting the following: 
‘‘(1) IN GENERAL.—There are authorized to be 
appropriated from the Highway Trust Fund (other 
than the Mass Transit Account) for purposes de-
scribed in paragraph (2) $400,000,000 for fiscal 
year 2004, $410,000,000 for fiscal year 2005, 
$420,000,000 for fiscal year 2006, $430,000,000 for 
fiscal year 2007, $440,000,000 for fiscal year 2008, 
and $450,000,000 for fiscal year 2009. 
‘‘(2) USE OF FUNDS.—The amounts authorized 
to be appropriated by paragraph (1) are authorized 
for the following purposes: 
‘‘(A) To administer the provisions of law to 
be financed from appropriations for the Fed-
eral-aid highway program and programs au-
thorized under chapter 2.
‘‘(B) To make transfers of such sums as 
the Secretary determines to be appropriate to 
the Appalachian Regional Commission for ad-
ministrative activities associated with the Appa-
lachian development highway system.’’; 
(2) in paragraph (3) by striking ‘‘sum deducted 
under’’ and inserting ‘‘amounts authorized to be ap-
propriated by’’; and 
(3) in paragraph (4)—
(A) by striking ‘‘sums deducted under’’ 
and inserting ‘‘amounts authorized to be appro-
priated by’’; and 
(B) by striking ‘‘and the Federal Motor 
Carrier Safety Administration’’. 
(b) NATIONAL HIGHWAY SYSTEM.—Section 104(b) 
of such title is amended—
(1) by striking ‘‘the deduction authorized by 
subsection (a) and’’; and 
(2) in paragraph (1)—
(A) by striking ‘‘$36,400,000 for each fis-
cal year’’ and inserting ‘‘$40,000,000 for fiscal 
year 2004, $45,000,000 for fiscal year 2005, 
$50,000,000 for fiscal year 2006, $55,000,000 
for fiscal year 2007, $65,000,000 for fiscal year 
2008, and $75,000,000 for fiscal year 2009’’;
(B) by striking ‘‘$18,800,000’’ and insert-
ing ‘‘$37,600,000’’; and 
(C) by striking ‘‘1998 through 2002’’ and 
inserting ‘‘2004 through 2009’’. 
(c) CONFORMING AMENDMENTS.—Section 104 of 
such title is amended—
(1) in subsection (f)(1)—
(A) by striking ‘‘, after making the deduc-
tion authorized by subsection (a) of this sec-
tion,’’; and 
(B) by striking ‘‘remaining’’; and 
(2) in subsection (i) by striking ‘‘deducted’’ and 
inserting ‘‘authorized to be appropriated’’.
(d) PUERTO RICO HIGHWAY PROGRAM.—Section 
1214(r) of the Transportation Equity Act for the 21st 
Century (112 Stat. 209; 117 Stat. 1114) is amended—
(1) in paragraph (1) by striking ‘‘(15) for each 
of fiscal years 1998 through 2004’’ and inserting 
‘‘(24) for each of fiscal years 2004 through 2009 of 
the Transportation Equity Act: A Legacy for 
Users’’; and 
(2) in paragraph (2) by striking ‘‘(15) of this 
Act’’ and inserting ‘‘(24) of the Transportation Eq-
uity Act: A Legacy for Users’’.
SEC. 1104. MINIMUM GUARANTEE. 
(a) GENERAL RULE.—Section 105(a) of title 23, 
United States Code, is amended—
(1) by striking ‘‘1998 through 2003’’ and in-
serting ‘‘2004 through 2009’’; 
(2) by striking ‘‘, high priority projects’’; and 
(3) by striking ‘‘and recreational trails’’ and in-
serting ‘‘recreational trails, coordinated border infra-
structure, freight intermodal connectors, safe routes 
to school, highway safety improvement, and high 
risk rural road safety improvement’’. 
(b) TREATMENT OF FUNDS.—Section 105(c)(1) of 
such title is amended—
(1) by striking ‘‘$2,800,000,000’’ and inserting 
‘‘$3,100,000,000 
in 
fiscal 
year 
2004, 
$3,350,000,000 in fiscal year 2005, $3,700,000,000 
in fiscal year 2006, $4,000,000,000 in fiscal year 
2007, $4,400,000,000 in fiscal year 2008, and 
$4,800,000,000 in fiscal year 2009’’; 
(2) by striking ‘‘, high priority projects’’; and 
(3) by striking ‘‘and recreational trails’’ each 
place it appears and inserting ‘‘recreational trails, 
coordinated border infrastructure, freight intermodal 
connectors, safe routes to school, highway safety im-
provement, and high risk rural road safety improve-
ment’’.
(c) AUTHORIZATION.—Section 105(d) of such title is 
amended by striking ‘‘1998 through 2003’’ and inserting 
‘‘2004 through 2009’’. 
(d) SPECIAL RULE.—Section 105 of such title is fur-
ther amended—
(1) by striking subsection (e); and 
(2) by redesignating subsection (f) as sub-
section (e). 
(e) GUARANTEED
SPECIFIED
RETURN.—Section 
105(e) of such title (as redesignated by subsection (d)) 
is amended—
(1) in the subsection heading by striking ‘‘OF 
90.5’’ and inserting ‘‘SPECIFIED’’; 
(2) in paragraph (1)—
(A) by striking ‘‘1999 through 2003’’ and 
inserting ‘‘2004 through 2009’’; and 
(B) by inserting before the period at the 
end the following: ‘‘in fiscal year 2004, 91 per-
cent in fiscal year 2005, 92 percent in fiscal 
year 2006, 93 percent in fiscal year 2007, 94 
percent in fiscal year 2008, and 95 percent in 
fiscal year 2009’’. 
(3) by striking paragraph (2); 
(4) by redesignating paragraphs (3) and (4) as 
paragraphs (2) and (3), respectively;
(5) in paragraph (2) (as so redesignated) by 
striking ‘‘any’’ and inserting ‘‘the’’; and 
(6) in paragraph (3) (as so redesignated) by 
striking ‘‘90.5 percent’’ and inserting ‘‘the percent-
age required in paragraph (1) for such fiscal year’’. 
(f) SPECIAL RULE.—The amendment made by sub-
section (e)(2)(B) of this section shall not be in effect in 
any fiscal year if the obligation limitation for Federal-aid 
highways and highway safety construction for that fiscal 
year is less than the amount set forth in section 1102(a) 
of this Act for such fiscal year. 
SEC. 1105. REVENUE ALIGNED BUDGET AUTHORITY.
Section 110 of title 23, United States Code, relating 
to revenue aligned budget authority, will be continued in 
such a way as to create greater stability in program fund-
ing level adjustments and maintain a direct relationship 
to the receipts in the Highway Account of the Highway 
Trust Fund. 
SEC. 1106. EMERGENCY RELIEF. 
(a) IN GENERAL.—Section 125(c)(1) of title 23, 
United 
States 
Code, 
is 
amended 
by 
striking 
‘‘$100,000,000’’ and inserting ‘‘$200,000,000’’. 
(b) AUTHORIZATIONS
OF APPROPRIATIONS FROM 
GENERAL FUND.—There is authorized to be appropriated 
for a fiscal year such sums as may be necessary for alloca-
tions by the Secretary described in subsections (a) and (b) 
of sections 125 of title 23, United States Code, if the total 
of those allocations in such fiscal year are in excess of 
$200,000,000. 
SEC. 1107. SURFACE TRANSPORTATION PROGRAM. 
Section 133(f)(1) of title 23, United States Code, is 
amended—
(1) by striking ‘‘1998 through 2000’’ and in-
serting ‘‘2004 through 2006’’; and 
(2) by striking ‘‘2001 through 2003’’ and in-
serting ‘‘2007 through 2009’’. 
SEC. 1108. HIGHWAY USE TAX EVASION PROJECTS. 
(a) PROJECT
REPORTS.—Section 143 of title 23, 
United States Code, is amended by inserting at the end 
of subsection (b) the following: 
‘‘(9) REPORTS.—The Internal Revenue Service 
and States shall submit to the Secretary annual re-
ports that describe the projects, examinations, and 
criminal investigations funded by and carried out 
under this section. The reports must specify the an-
nual yield estimated for each project funded under 
this section.’’. 
(b) ELIGIBLE ACTIVITIES.—Section 143(b)(4) of 
such title is amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (F); 
(2) by striking the period at the end of sub-
paragraph (G) and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(H) to analyze and implement programs 
to reduce tax evasion associated with foreign 
imported fuel.’’. 
(c) FUEL REPORTING SYSTEM.— Section 143(c)(1) 
of such title is amended by striking ‘‘Not later than Au-
gust 1, 1998,’’ and inserting ‘‘Not later than April 1, 
2004,’’. 
(d) IRS REPORT.—Section 143(c)(2) of such title is 
amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (B); 
(2) by striking the period at the end of sub-
paragraph (C) and inserting ‘‘: and’’; and 
(3) by adding at the end the following: 
‘‘(D) the Internal Revenue Service shall 
provide a report to the Secretary on the status 
of the Internal Revenue Service projects funded 
under this section by March 30 and September 
30 of each year. The report shall include up-
dates on the automated fuel tracking system 
project.’’. 
(e) FUNDING.—Section 143(c)(3) of such title is 
amended to read as follows: 
‘‘(3) FUNDING.—Of the amounts made avail-
able to carry out this section for each of fiscal years 
2004 through 2009, the Secretary shall make funds 
available to the Internal Revenue Service to com-
plete, operate, and maintain an automated fuel re-
porting system and to the States to supplement 
State highway use tax enforcement programs.’’. 
SEC. 1109. APPALACHIAN DEVELOPMENT HIGHWAY SYS-
TEM. 
(a) APPORTIONMENT.—The Secretary shall appor-
tion funds made available by section 1101(a)(7) of this 
Act for fiscal years 2004 through 2009 among the States 
based on the latest available cost to complete estimate for 
the Appalachian development highway system under sec-
tion 14501 title 40, United States Code. 
(b) APPLICABILITY
OF TITLE 23.—Funds made 
available by section 1101(a)(7) of this Act for the Appa-
lachian development highway system shall be available for 
obligation in the same manner as if such funds were ap-
portioned under chapter 1 of title 23, United States Code; 
except that the Federal share of the cost of any project
under this section shall be determined in accordance with 
such section 14501 of title 40, United States Code, and 
such funds shall be available to construct highways and 
access roads under such section and shall remain available 
until expended. 
(c) USE OF TOLL CREDITS.—Section 120(j)(1) of 
title 23, United States Code is amended by inserting ‘‘and 
the Appalachian development highway system program 
under section 14501 of title 40’’ after ‘‘section 125’’.
SEC. 1110. CONSTRUCTION OF FERRY BOATS AND FERRY 
TERMINAL FACILITIES. 
(a) IN GENERAL.—Subchapter I of chapter 1 of title 
23, United States Code, is amended by adding at the end 
the following: 
‘‘§ 165. Construction of ferry boats and ferry terminal 
facilities 
‘‘(a) IN GENERAL.—The Secretary shall carry out a 
program for construction of ferry boats and ferry terminal 
facilities in accordance with section 129(c). 
‘‘(b) FEDERAL SHARE.—The Federal share payable 
for construction of ferry boats and ferry terminal facilities 
under this section shall be 80 percent of the cost thereof. 
‘‘(c) AVAILABILITY OF AMOUNTS.—Amounts made 
available to carry out this section shall remain available 
until expended.
‘‘(d) SET-ASIDE FOR PROJECTS ON NHS.—
‘‘(1) IN GENERAL.—$20,000,000 of the amount 
made available to carry out this section for each of 
fiscal years 2004 through 2009 shall be obligated for 
the construction or refurbishment of ferry boats and 
ferry terminal facilities and approaches to such fa-
cilities within marine highway systems that are part 
of the National Highway System. 
‘‘(2) 
ALASKA.—$10,000,000 
of 
the 
$20,000,000 for a fiscal year made available under 
paragraph (1) shall be made available to the State 
of Alaska. 
‘‘(3) 
NEW
JERSEY.—$5,000,000 
of 
the 
$20,000,000 for a fiscal year made available under 
paragraph (1) shall be made available to the State 
of New Jersey. 
‘‘(4) 
WASHINGTON.—$5,000,000 
of 
the 
$20,000,000 for a fiscal year made available under 
paragraph (1) shall be made available to the State 
of Washington. 
‘‘(e) APPLICABILITY.—All provisions of this chapter 
that are applicable to the National Highway System, other 
than provisions relating to apportionment formula and 
Federal share, shall apply to funds made available to carry
out this section, except as determined by the Secretary 
to be inconsistent with this section.’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
subchapter I of chapter 1 of such title is amended by add-
ing at the end the following:
‘‘165. Construction of ferry boats and ferry terminal facilities.’’.
SEC. 1111. INTERSTATE MAINTENANCE DISCRETIONARY. 
(a) IN GENERAL.—Section 118 of title 23, United 
States Code, is amended—
(1) by striking subsection (c); 
(2) in subsection (e) by inserting ‘‘SPECIAL 
RULES.—’’ before ‘‘Funds made’’; and 
(3) by redesignating subsections (d) and (e) as 
subsections (c) and (d), respectively. 
(b) CONFORMING AMENDMENT.—Section 103(d)(1) 
of such title is amended by striking ‘‘or section 118(c)’’. 
(c) TECHNICAL AMENDMENTS.—
(1) SECTION 127.—Section 127 of such title is 
amended by striking ‘‘118(b)(1)’’ and inserting 
‘‘118(b)(2)’’. 
(2) SECTION 112.—Section 112 of such title is 
amended by striking subsection (f) and by redesig-
nating (g) as subsection (f). 
(3) SECTION 114.—Section 114(a) of such title 
is amended by striking ‘‘Except as provided in sec-
tion 117 of this title, such’’ and inserting ‘‘Such’’.
(4) SECTION 145.—Section 145(b) of such title 
is amended by striking ‘‘117 of title 23, United 
States Code,’’ and inserting ‘‘section 117 of this 
title’’. 
(d) LIMITATION.—The amendments made by this 
section shall not apply to, or have any affect with respect 
to, funds made available under section 118 of title 23, 
United States Code, before the date of enactment of this 
section. 
SEC. 1112. HIGHWAY BRIDGE.
(a) SCOUR COUNTERMEASURES.—Section 144(d) of 
title 23, United States Code, is amended to read as fol-
lows: 
‘‘(d) APPLICATIONS FOR AND APPROVAL OF ASSIST-
ANCE.—
‘‘(1) BRIDGE REPLACEMENT OR REHABILITA-
TION.—Whenever any State or States make applica-
tion to the Secretary for assistance in replacing or 
rehabilitating a highway bridge which the priority 
system established under subsections (b) and (c) 
shows to be eligible, the Secretary may approve Fed-
eral participation in replacing such bridge with a 
comparable facility or in rehabilitating such bridge. 
‘‘(2) PREVENTIVE MAINTENANCE, SCOUR MEAS-
URES, AND
APPLICATIONS
OF
CERTAIN
COMPOSI-
(b) BRIDGE DISCRETIONARY SET-ASIDE.—Section 
144(g)(1) of such title is amended by adding at the end 
the following: 
‘‘(D) FISCAL YEARS 2004 THROUGH 2009.—
Of the amounts authorized to be appropriated 
to carry out the bridge program under this sec-
tion for each of the fiscal years 2004 through 
2009, all but $100,000,000 shall be appor-
tioned as provided in subsection (e). Such 
$100,000,000 shall be available at the discre-
tion of the Secretary.’’. 
(c) OFF-SYSTEM BRIDGES.—Section 144(g)(3) of 
such title is amended—
(1) by striking ‘‘1987’’ and inserting ‘‘2004’’; 
(2) by striking ‘‘2003’’ and inserting ‘‘2009’’; 
(3) by inserting ‘‘, perform systematic preven-
tive maintenance,’’ after ‘‘paint’’; 
(4) by inserting a comma before ‘‘to highway 
bridges’’. 
(d) TECHNICAL AMENDMENT.—Section 144(i) of 
such title is amended by striking ‘‘at the same time’’ and 
all that follows through ‘‘Congress’’.
SEC. 1113. TRANSPORTATION AND COMMUNITY AND SYS-
TEM PRESERVATION PROGRAM. 
Section 1221(e)(1) of Transportation Equity Act for 
the 21st Century (23 U.S.C. 101 note; 112 Stat. 223) is 
amended—
(1) by striking ‘‘1999 and’’ and inserting 
‘‘1999,’’; and 
(2) by inserting before the period at the end the 
following: ‘‘, and $30,000,000 for fiscal year 2004, 
$35,000,000 for fiscal year 2005, $40,000,000 for 
fiscal year 2006, $45,000,000,000 for fiscal year 
2007, and $50,000,000 for each of fiscal years 2008 
and 2009’’.
SEC. 
1114. 
DEPLOYMENT 
OF 
MAGNETIC 
LEVITATION 
TRANSPORTATION PROJECTS. 
(a) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) ELIGIBLE PROJECT COSTS.—The term ‘‘eli-
gible project costs’’—
(A) means the capital cost of the fixed 
guideway infrastructure of a MAGLEV project, 
including land, piers, guideways, propulsion 
equipment and other components attached to 
guideways, power distribution facilities (includ-
ing substations), control and communications 
facilities, access roads, and storage, repair, and
maintenance facilities, but not including costs 
incurred for a new station; and 
(B) includes the costs of preconstruction 
planning activities. 
(2) FULL
PROJECT
COSTS.—The term ‘‘full 
project costs’’ means the total capital costs of a 
MAGLEV project, including eligible project costs 
and the costs of stations, vehicles, and equipment. 
(3) MAGLEV.—The term ‘‘MAGLEV’’ means 
transportation systems employing magnetic levita-
tion that would be capable of safe use by the public 
at a speed in excess of 240 miles per hour. 
(4) STATE.—The term ‘‘State’’ has the mean-
ing such term has under section 101(a) of title 23, 
United States Code. 
(b) IN GENERAL.—
(1) ASSISTANCE
FOR
ELIGIBLE
PROJECTS.—
The Secretary shall make available financial assist-
ance to pay the Federal share of full project costs 
of eligible projects authorized by this section. 
(2) USE OF ASSISTANCE.—Financial assistance 
provided under paragraph (1) shall be used only to 
pay eligible project costs of projects authorized by 
this section.
(c) PROJECT ELIGIBILITY.—To be eligible to receive 
financial assistance under subsection (b), a project shall—
(1) involve a segment or segments of a high-
speed ground transportation corridor; 
(2) result in an operating transportation facility 
that provides a revenue producing service; and 
(3) be approved by the Secretary based on an 
application submitted to the Secretary by a State or 
authority designated by 1 or more States. 
(d) 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 $40,000,000 for each of fiscal years 2005 
through 2009. 
(e) 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 full project costs of an eligible project shall be 80 per-
cent and such funds shall remain available until expended. 
SEC. 1115. RECREATIONAL TRAILS. 
(a) RECREATIONAL TRAILS PROGRAM FORMULA.—
Section 104(h)(1) of title 23, United States Code, is 
amended by striking ‘‘research and technical’’ and all that
follows through ‘‘Committee’’ and inserting ‘‘research, 
technical assistance, and training under the recreational 
trails program’’. 
(b) PERMISSIBLE USES.—Section 206(d)(2) of such 
title is amended to read as follows: 
‘‘(2) PERMISSIBLE USES.—Permissible uses of 
funds apportioned to a State for a fiscal year to 
carry out this section include—
‘‘(A) maintenance and restoration of exist-
ing recreational trails; 
‘‘(B) development and rehabilitation of 
trailside and trailhead facilities and trail link-
ages for recreational trails; 
‘‘(C) purchase and lease of recreational 
trail construction and maintenance equipment; 
‘‘(D) construction of new recreational 
trails, except that, in the case of new rec-
reational trails crossing Federal lands, con-
struction of the trails shall be—
‘‘(i) permissible under other law; 
‘‘(ii) necessary and recommended by a 
statewide comprehensive outdoor recreation 
plan that is required by the Land and 
Water Conservation Fund Act of 1965 (16
U.S.C. 460l–4 et seq.) and that is in ef-
fect; 
‘‘(iii) approved by the administering 
agency of the State designated under sub-
section (c)(1); and 
‘‘(iv) approved by each Federal agency 
having jurisdiction over the affected lands 
under such terms and conditions as the 
head of the Federal agency determines to 
be appropriate, except that the approval 
shall be contingent on compliance by the 
Federal agency with all applicable laws, in-
cluding the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.), the 
Forest and Rangeland Renewable Re-
sources Planning Act of 1974 (16 U.S.C. 
1600 et seq.), and the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 
1701 et seq.); 
‘‘(E) acquisition of easements and fee sim-
ple title to property for recreational trails or 
recreational trail corridors; 
‘‘(F) assessment of trail conditions for ac-
cessibility and maintenance;
‘‘(G) operation of educational programs to 
promote safety and environmental protection as 
those objectives relate to the use of recreational 
trails, but in an amount not to exceed 5 percent 
of the apportionment made to the State for the 
fiscal year; and 
‘‘(H) payment of costs to the State in-
curred in administering the program, but in an 
amount not to exceed 7 percent of the appor-
tionment made to the State for the fiscal year 
to carry out this section.’’. 
(c) USE OF APPORTIONMENTS.—Section 206(d)(3) 
of such title is amended—
(1) by striking subparagraph (C); 
(2) by redesignating subparagraph (D) as sub-
paragraph (C); and 
(3) in subparagraph (C) (as so redesignated) by 
striking ‘‘(2)(F)’’ and inserting ‘‘(2)(H)’’. 
(d) FEDERAL SHARE.—Section 206(f) of such title 
is amended—
(1) in paragraph (1)—
(A) by inserting ‘‘and the Federal share of 
the administrative costs of a State’’ after 
‘‘project’’; and
(B) by striking ‘‘not exceed 80 percent’’ 
and inserting ‘‘be determined in accordance 
with section 120(b)’’; 
(2) in paragraph (2)(A) by striking ‘‘80 percent 
of’’ and inserting ‘‘the amount determined in accord-
ance with section 120(b) for’’; 
(3) in paragraph (2)(B) by inserting ‘‘spon-
soring the project’’ after ‘‘Federal agency’’; 
(4) by striking paragraph (5); 
(5) by redesignating paragraph (4) as para-
graph (5); 
(6) in paragraph (5) (as so redesignated) by 
striking ‘‘80 percent’’ and inserting ‘‘the Federal 
share as determined in accordance with section 
120(b)’’; and 
(7) by inserting after paragraph (3) the fol-
lowing: 
‘‘(4) USE OF RECREATIONAL TRAILS PROGRAM 
FUNDS
TO
MATCH
OTHER
FEDERAL
PROGRAM 
FUNDS.—Notwithstanding any other provision of 
law, funds made available under this section may be 
used toward the non-Federal matching share for 
other Federal program funds that are—
‘‘(A) expended in accordance with the re-
quirements of the Federal program relating to 
activities funded and populations served; and 
‘‘(B) expended on a project that is eligible 
for assistance under this section.’’. 
(e) PLANNING AND ENVIRONMENTAL ASSESSMENT 
COSTS INCURRED PRIOR TO PROJECT APPROVAL.—Sec-
tion 206(h)(1) of such title is amended by adding at the 
end the following: 
‘‘(C) PLANNING AND ENVIRONMENTAL AS-
SESSMENT COSTS INCURRED PRIOR TO PROJECT 
APPROVAL.—The Secretary may allow pre-ap-
proval planning and environmental compliance 
costs to be credited toward the non-Federal 
share of the cost of a project described under 
subsection (d)(2) (other than subparagraph (I)) 
in accordance with subsection (f), limited to 
costs incurred less than 18 months prior to 
project approval.’’. 
(f) ENCOURAGEMENT OF USE OF YOUTH CONSERVA-
TION OR SERVICE CORPS.—The Secretary shall encourage 
the States to enter into contracts and cooperative agree-
ments with qualified youth conservation or service corps 
to perform construction and maintenance of recreational 
trails under section 206 of title 23, United States Code.
SEC. 1116. FEDERAL LANDS HIGHWAYS. 
(a) CONTRACTS
AND AGREEMENTS WITH INDIAN 
TRIBES.—Section 202(d)(3) of title 23, United States 
Code, is amended to read as follows: 
‘‘(3) CONTRACTS AND AGREEMENTS WITH IN-
DIAN TRIBES.—
‘‘(A) IN GENERAL.—Notwithstanding any 
other provision of law or any interagency agree-
ment, program guideline, manual, or policy di-
rective, all funds made available to an Indian 
tribal government under this title for a high-
way, road, bridge, parkway, or transit facility 
project that is located on an Indian reservation 
or provides access to the reservation or a com-
munity of the Indian tribe shall be made avail-
able, on the request of the Indian tribal govern-
ment, to the Indian tribal government for use 
in carrying out, in accordance with the Indian 
Self-Determination and Education Assistance 
Act (25 U.S.C. 450 et seq.), contracts and 
agreements for the planning, research, engi-
neering, and construction relating to such 
project. 
‘‘(B) EXCLUSION OF AGENCY PARTICIPA-
TION.—In accordance with subparagraph (A), 
all funds for a project to which subparagraph
(A) applies shall be paid to the Indian tribal 
government without regard to the organiza-
tional level at which the Department of the In-
terior has previously carried out, or the Depart-
ment of Transportation has previously carried 
out under the Federal lands highway programs, 
the programs, functions, services, or activities 
involved. 
‘‘(C) CONSORTIA.—Two or more Indian 
tribes that are otherwise eligible to participate 
in a project to which this title applies may form 
a consortium to be considered as a single In-
dian tribe for the purpose of participating in 
the project under this section. 
‘‘(D) FUNDING.—The amount an Indian 
tribal government receives for a project under 
subparagraph (A) shall equal the sum of the 
funding that the Indian tribal government 
would otherwise receive for the project in ac-
cordance with the funding formula established 
under this subsection and such additional 
amount as the Secretary determines equal the 
amounts that would have been withheld for the 
costs of the Bureau of Indian Affairs for ad-
ministration of the project.
‘‘(E) ELIGIBILITY.—An Indian tribal gov-
ernment may receive funding under subpara-
graph (A) for a project in a fiscal year if the 
Indian tribal government demonstrates to the 
satisfaction of the Secretary financial stability 
and financial management capability as dem-
onstrated in the annual auditing required under 
the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 450 et seq.) and, 
during the preceding fiscal year, had no uncor-
rected significant and material audit exceptions 
in the required annual audit of the Indian 
tribe’s self-determination contracts or self-gov-
ernance funding agreements with any Federal 
agency. 
‘‘(F) ASSUMPTION OF FUNCTIONS AND DU-
TIES.—An Indian tribal government receiving 
funding under subparagraph (A) for a project 
shall assume all functions and duties that the 
Secretary of the Interior would have performed 
with respect to projects under this chapter, 
other than those functions and duties that in-
herently cannot be legally transferred under the 
Indian Self-Determination and Education As-
sistance Act (25 U.S.C. 450b et seq.).
(b) ALASKA NATIVE VILLAGE INVENTORY.—Section 
202(d)(2) of such title is amended by adding at the end 
the following: 
‘‘(E) ALASKA NATIVE ROAD INVENTORY.—
‘‘(i) IN
GENERAL.—For fiscal year 
2004 and each fiscal year thereafter, any 
allocation of sums authorized to be appro-
priated for Indian reservation roads in 
Alaska shall be based on an inventory of 
roads within the exterior boundaries of vil-
lage corporation land selected pursuant to 
the Alaska Native Claims Settlement Act 
(43 U.S.C. 1601 et seq.) that includes all 
routes previously included in such an in-
ventory. The Secretary of Transportation 
and the Secretary of the Interior may in-
clude, in the inventory of roads, those pro-
posed for inclusion by tribal village govern-
ments from among community streets 
within the village and those proposed pri-
mary access routes for inclusion by tribal 
village governments, including roads and 
trails between villages (including links over 
water), roads and trails to landfills, roads 
and trails to drinking water sources, roads
and trails to natural resources identified 
for economic development, and roads and 
trails that provide access to intermodal ter-
mini, such as airports, harbors, or boat 
landings. 
‘‘(ii) LIMITATION ON PRIMARY ACCESS 
ROUTES.—For purposes of this subpara-
graph, a proposed primary access route is 
the shortest practicable route connecting 2 
points of the proposed route.’’. 
(c) DEPUTY ASSISTANT SECRETARY OF TRANSPOR-
TATION
FOR TRIBAL GOVERNMENT AFFAIRS.—Section 
102 of title 49, United States Code, is amended—
(1) by redesignating subsection (f) as sub-
section (g); and 
(2) by inserting after subsection (e) the fol-
lowing: 
‘‘(f) DEPUTY ASSISTANT SECRETARY FOR TRIBAL 
GOVERNMENT AFFAIRS.—The Department of Transpor-
tation shall have, within the office of the Secretary, a Dep-
uty Assistant Secretary for Tribal Government Affairs ap-
pointed by the President to plan, coordinate, and imple-
ment the Department of Transportation policy and pro-
grams serving Indian tribes and tribal organizations and 
to coordinate tribal transportation programs and activities
in all offices and administrations of the Department and 
to be a participant in any negotiated rulemaking related 
to, or has impact on, projects, programs, or funding asso-
ciated with the tribal transportation program.’’. 
SEC. 1117. INDIAN TRANSPORTATION BONDS. 
[Reserved.]
SEC. 1118. PEDESTRIAN AND CYCLIST EQUITY. 
(a) TRANSPORTATION
AND ACTIVE LIVING PRO-
GRAM.—[Reserved.] 
(b) SAFE ROUTES TO SCHOOL PROGRAM.—
(1) ESTABLISHMENT.—Subject to the require-
ments of this subsection, the Secretary shall estab-
lish and carry out a safe routes to school program 
for the benefit of children in primary and middle 
schools. 
(2) PURPOSES.—The purposes of the program 
shall be—
(A) to enable and encourage children, in-
cluding those with disabilities, to walk and bicy-
cle to school; 
(B) to make bicycling and walking to 
school a safer and more appealing transpor-
tation 
alternative, 
thereby 
encouraging 
a 
healthy and active lifestyle from an early age; 
and
(C) to facilitate the planning, development, 
and implementation of projects and activities 
that will improve safety and reduce traffic, fuel 
consumption, and air pollution in the vicinity of 
schools. 
(3) APPORTIONMENT OF FUNDS.—
(A) IN
GENERAL.—Subject to subpara-
graphs (B) and (C), amounts made available to 
carry out this subsection for a fiscal year shall 
be apportioned among the States in the ratio 
that—
(i) the total student enrollment in pri-
mary and middle schools in each State; 
bears to 
(ii) the total student enrollment in 
primary and middle schools in all the 
States. 
(B) 
MINIMUM
APPORTIONMENT.—No 
State shall receive an apportionment under this 
subsection for a fiscal year of less than 
$2,000,000. 
(C) 
SET-ASIDE.—Before 
apportioning 
amounts made available to carry out this sub-
section under this paragraph for a fiscal year, 
the Secretary shall set aside not more than 2
percent of such amounts for the administrative 
expenses of the Secretary in carrying out this 
subsection. 
(D) DETERMINATION
OF
STUDENT
EN-
ROLLMENTS.—Determinations under this para-
graph concerning student enrollments shall be 
made by the Secretary. 
(4) ADMINISTRATION OF AMOUNTS.—Amounts 
apportioned to a State under this subsection shall be 
administered by the State’s department of transpor-
tation. 
(5) ELIGIBLE
RECIPIENTS.—Amounts appor-
tioned to a State under this subsection shall be used 
by the State to provide financial assistance to State, 
local, and regional agencies, including nonprofit or-
ganizations, that demonstrate an ability to meet the 
requirements of this subsection. 
(6) ELIGIBLE PROJECTS AND ACTIVITIES.—
(A) 
INFRASTRUCTURE-RELATED 
PROJECTS.—
(i) IN
GENERAL.—Amounts appor-
tioned to a State under this subsection 
may be used for the planning, design, and 
construction 
of 
infrastructure-related 
projects that will substantially improve the
ability of students to walk and bike to 
school, including sidewalk improvements, 
traffic calming and speed reduction im-
provements, pedestrian and bicycle cross-
ing improvements, on-street bicycle facili-
ties, off-street bicycle and pedestrian facili-
ties, secure bicycle parking facilities, and 
traffic diversion improvements in the vicin-
ity of schools. 
(ii) LOCATION OF PROJECTS.—Infra-
structure-related projects under subpara-
graph (A) may be carried out on any pub-
lic road or any bicycle or pedestrian path-
way or trail in the vicinity of schools. 
(B) NONINFRASTRUCTURE-RELATED
AC-
TIVITIES.—
(i) IN
GENERAL.—In addition to 
projects described in subparagraph (A), 
amounts apportioned to a State under this 
subsection may be used for noninfrastruc-
ture-related activities to encourage walking 
and bicycling to school, including public 
awareness campaigns and outreach to 
press and community leaders, traffic edu-
cation and enforcement in the vicinity of
schools, student sessions on bicycle and pe-
destrian safety, health, and environment, 
and funding for training, volunteers, and 
coordinators of safe routes to school pro-
grams. 
(ii) ALLOCATION.—Not less than 10 
percent and not more than 30 percent of 
the amount apportioned to a State under 
this subsection for a fiscal year shall be 
used for noninfrastructure-related activities 
under this subparagraph. 
(C) SAFE
ROUTES
TO
SCHOOL
COORDI-
NATOR.—Each State receiving an apportion-
ment under this subsection for a fiscal year 
shall use a sufficient amount of the apportion-
ment to fund a full-time position of coordinator 
of the State’s safe routes to school program. 
(7) CLEARINGHOUSE.—
(A) IN
GENERAL.—The Secretary shall 
make grants to a national nonprofit organiza-
tion engaged in promoting safe routes to 
schools to—
(i) operate a national safe routes to 
school clearinghouse;
(ii) develop information and edu-
cational programs on safe routes to school; 
and
(iii) provide technical assistance and 
disseminate techniques and strategies used 
for successful safe routes to school pro-
grams. 
(B) FUNDING.—The Secretary shall carry 
out this paragraph using amounts set aside for 
administrative 
expenses 
under 
paragraph 
(3)(C). 
(8) TASK FORCE.—
(A) IN GENERAL.—The Secretary shall es-
tablish a national safe routes to school task 
force composed of leaders in health, transpor-
tation, and education, including representatives 
of appropriate Federal agencies, to study and 
develop a strategy for advancing safe routes to 
school programs nationwide. 
(B) REPORT.—Not later than March 30, 
2005, the Secretary shall transmit to Congress 
a report containing the results of the study con-
ducted, and a description of the strategy devel-
oped, under subparagraph (A).
(C) FUNDING.—The Secretary shall carry 
out this paragraph using amounts set aside for 
administrative 
expenses 
under 
paragraph 
(3)(C). 
(9) APPLICABILITY OF TITLE 23.—Funds made 
available to carry out this subsection shall be avail-
able for obligation in the same manner as if such 
funds were apportioned under chapter 1 of title 23, 
United States Code; except that such funds shall not 
be transferable and shall remain available until ex-
pended and the Federal share of the cost of a 
project or activity under this section shall be 100 
percent. Notwithstanding any other provision of law, 
projects assisted under this subsection shall be treat-
ed as projects on a Federal-aid system under such 
chapter. 
(10) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply: 
(A) IN THE VICINITY OF SCHOOLS.—The 
term ‘‘in the vicinity of schools’’ means, with 
respect to a school, the area within bicycling 
and walking distance of the school (approxi-
mately 2 miles). 
(B) PRIMARY
AND
MIDDLE
SCHOOLS.—
The term ‘‘primary and middle schools’’ means
schools providing education from kindergarten 
through eighth grade. 
(C) STATE.—The term ‘‘State’’ has the 
meaning such term has in section 101(a) of 
title 23, United States Code. 
(c) NONMOTORIZED TRANSPORTATION PILOT PRO-
GRAM.—[Reserved.]
SEC. 1119. NATIONAL COMMISSIONS.
(a) NATIONAL COMMISSION ON FUTURE REVENUE 
SOURCES TO SUPPORT THE HIGHWAY TRUST FUND.—
(1) ESTABLISHMENT.—There is established a 
National Commission on Future Revenue Sources to 
Support the Highway Trust Fund to conduct a 
study evaluating alternative long-term sources of 
revenue to support the Highway Trust Fund, consid-
ering the findings, conclusions, and recommenda-
tions of a recent study by the Transportation Re-
search Board of the National Academy of Sciences 
on alternatives to the fuel tax to support highway 
program financing and other relevant prior research. 
(2) FUNCTIONS.—The Commission shall—
(A) oversee a comprehensive investigation 
of alternatives to replace the fuel tax as the 
principal revenue source to support the High-
way Trust Fund over at least the next 30 years;
(B) consult with the Secretary of Trans-
portation and the Secretary of the Treasury to 
assure that their views concerning essential at-
tributes of Highway Trust Fund revenue alter-
natives are understood; 
(C) assure that State transportation agen-
cy views on alternative revenue sources to sup-
port State transportation improvement pro-
grams are appropriately considered and that 
any recommended Federal financing strategy 
take into account State financial requirements; 
and 
(D) make specific recommendations re-
garding actions that need to be taken to develop 
alternative revenue sources to support the 
Highway Trust Fund and when those actions 
must be taken. 
(3) SPECIFIC MATTERS TO BE ADDRESSED.—
The study under this subsection shall address spe-
cifically—
(A) advantages and disadvantages of alter-
native revenue sources to meet anticipated Fed-
eral surface transportation financial require-
ments;
(B) the time frame within which actions 
must be taken to transition from the fuel tax to 
alternative revenue sources to support the 
Highway Trust Fund; 
(C) recommendations concerning the most 
promising revenue sources to support long-term 
Federal surface transportation financing re-
quirements; 
(D) development of a broad transition 
strategy to move from the current tax base to 
new funding mechanisms, including the time 
frame for various aspects of the transition 
strategy; 
(E) recommendations for additional re-
search that may be needed to implement rec-
ommended alternatives; and 
(F) the extent to which revenues should re-
flect the relative use of the highway system. 
(4) MATTERS TO CONSIDER AND EVALUATE.—
To the maximum extent feasible, the Commission, in 
conducting the study under this subsection, shall 
consider and evaluate other related work that has 
been done by the Department of Transportation, the 
Department of Energy, the Transportation Research 
Board, and others. In developing recommendations
under paragraph (2), the Commission shall con-
sider—
(A) the ability to generate sufficient reve-
nues to meet anticipated long term surface 
transportation financing needs; 
(B) the roles of the various levels of gov-
ernment and the private sector in meeting fu-
ture surface transportation financing needs; 
(C) administrative costs, including enforce-
ment, to implement each option; 
(D) potential taxpayer privacy concerns; 
(E) likely technological advances that could 
ease implementation of each option; 
(F) the equity and economic efficiency of 
each option; 
(G) the flexibility of different options to 
allow various pricing alternatives to be imple-
mented; and 
(H) potential compatibility issues with 
States tax mechanisms under each alternative. 
(5) MEMBERSHIP.—
(A) APPOINTMENT.—[Reserved.] 
(B) 
QUALIFICATIONS.—Members 
ap-
pointed under subparagraph (A) shall have ex-
perience in public finance, surface transpor-
tation program administration, managing orga-
nizations that use surface transportation facili-
ties, academic research into related issues, or 
other activities that provide unique perspectives 
on current and future requirements for revenue 
sources to support the Highway Trust Fund. 
(C) TERMS.—Members shall be appointed 
for the life of the Commission. 
(D) VACANCIES.—A vacancy on the Com-
mission shall be filled in the manner in which 
the original appointment was made. 
(E) TRAVEL
EXPENSES.—Members shall 
serve without pay but shall receive travel ex-
penses, including per diem in lieu of subsist-
ence, in accordance with sections 5702 and 
5703 of title 5, United States Code. 
(F) CHAIRMAN.—The Chairman of the 
Commission shall be elected by the members. 
(6) STAFF.—The Commission may engage the 
services of an appropriate organization, agency, or 
firm to conduct the study under this subsection. The 
Commission shall provide strategic guidance for the 
study. Upon request of the Commission, the Sec-
retary of Transportation may detail, on a reimburs-
able basis, any of the personnel of that department
to the Commission to assist it in carrying out its du-
ties under this subsection and shall provide to the 
Commission nonconfidential data and information as 
necessary to conduct and complete the study. 
(7) ADMINISTRATIVE
SUPPORT
SERVICES.—
Upon the request of the Commission, the Secretary 
shall provide to the Commission, on a reimbursable 
basis, the administrative support and services nec-
essary for the Commission to carry out its respon-
sibilities under this subsection. 
(8) REPORT
AND
RECOMMENDATIONS.—Not 
later than September 30, 2006, the Commission 
shall transmit to Congress a final report on the re-
sults of the study conducted under this subsection, 
including recommendations to address the needs 
identified in the study. 
(9) TERMINATION.—The Commission shall ter-
minate on the 180th day following the date of trans-
mittal of the report under paragraph (8). By such 
180th day, the Commission shall deliver all records 
and papers of the Commission to the Administrator 
of the General Services for deposit in the National 
Archives. 
(10) AUTHORIZATION
OF APPROPRIATIONS.—
There is authorized to be appropriated from the
Highway Trust Fund (other than the Mass Transit 
Account) $1,500,000 for each of fiscal years 2004 
and 2005 to carry out this subsection. 
(11) APPLICABILITY
OF
TITLE
23.—Funds 
made available to carry out this subsection 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 activities carried out under this 
subsection shall be 100 percent, and such funds 
shall remain available until expended. 
(b) DECLARATION OF POLICY REGARDING FUTURE 
OF THE INTERSTATE HIGHWAY SYSTEM STUDY.—Section 
101(b) of title 23, United States Code, is amended by 
striking the last paragraph and inserting the following: 
‘‘It is further declared that it is in the national inter-
est to preserve and enhance the Dwight D. Eisenhower 
National System of Interstate and Defense Highways to 
meet the Nation’s needs for the 21st century. The current 
urban and long distance personal travel and freight move-
ment demands have surpassed the vision of the original 
Interstate System and travel demand patterns are ex-
pected to change. Continued planning for and investment 
in the Interstate System is critical to assure it adequately 
meets the changing travel demands of the future. Among
the foremost needs that the Interstate System must pro-
vide are safe, efficient, and reliable (1) national and inter-
regional personal mobility, (2) flow of interstate com-
merce, and (3) travel movements essential for national se-
curity. To the maximum extent, actions under this title 
should address congestion, safety, and freight transpor-
tation to provide for a strong and vigorous national econ-
omy. The Interstate System is hereby declared to be the 
Nation’s premiere highway system, essential for the Na-
tion’s economic vitality, national security, and general wel-
fare. The Secretary of Transportation is directed to take 
appropriate actions to preserve and enhance the Interstate 
System to meet the needs of the 21st century in accord-
ance with this title.’’. 
(c) NATIONAL COMMISSION ON FUTURE OF INTER-
STATE HIGHWAY SYSTEM.—
(1) ESTABLISHMENT.—There is established a 
National Commission on the Future of the Dwight 
D. Eisenhower National System of Interstate and 
Defense Highways (in this subsection referred to as 
the ‘‘Interstate System’’). 
(2) FUNCTION.—The Commission shall—
(A) conduct a study of the current condi-
tion and future of the Interstate System and 
develop a conceptual plan with alternative ap-
proaches for the future of the Interstate System 
to assure that the Interstate System will con-
tinue to serve the needs of the Nation; 
(B) assure that State transportation agen-
cy views are considered; and 
(C) make specific recommendations regard-
ing those design standards, Federal policies, 
and legislative changes that must be made to 
assure the national interests are served in meet-
ing future Interstate System needs. 
(3) SPECIFIC MATTERS TO BE ADDRESSED.—
The Commission shall assure that the study under 
this subsection specifically addresses the following: 
(A) CURRENT
CONDITION.—The current 
condition and performance of the Interstate 
System, including physical condition of bridges 
and pavements and operational characteristics 
and performance, shall be examined, relying 
primarily on existing data sources. 
(B) FUTURE ASSESSMENT.—The future of 
the Interstate System, based on a range of leg-
islative and policy approaches for 15-, 30-, and 
50-year horizons. 
(4) SPECIFIC
ISSUES
AND
DETAILS
TO
AD-
DRESS.—The following specific issues and details
shall be addressed as a part of the study under this 
subsection: 
(A) 
DEMOGRAPHICS.—Expected 
demo-
graphics and business uses that impact trans-
portation. 
(B) USAGE.—Expected system use and ef-
fects of changing vehicle types, fleet size and 
weights, and traffic volumes. 
(C) NATURAL
DISASTER.—Seismic and 
other vulnerabilities and their potential impacts. 
(D) DESIGN
STANDARDS.—Desirable de-
sign policies and standards for future improve-
ments, including safety improvement and addi-
tional access points. 
(E) SYSTEM WIDE NEEDS.—Identification 
of both urban and rural needs. 
(F) POTENTIAL SYSTEM EXPANSION, UP-
GRADES, OR OTHER CHANGES.—Deployment of 
advanced materials and intelligent technologies; 
critical multi-state rural corridors needing ca-
pacity, safety, and operational enhancements; 
urban and multi-state corridor additions; by-
passes of major cities that ensure efficient long-
haul travel; improvements to inter-modal link-
ages; strategies to enhance asset preservation; 
and implementation strategies. 
(G) COMMUNITY
VALUES.—Consideration 
of alternative approaches to maintaining or en-
hancing community values in those neighbor-
hoods adjacent to the Interstate System. 
(H) ENVIRONMENTAL ISSUES.—Consider-
ation of alternative approaches to addressing 
environmental 
concerns 
relative 
to 
rec-
ommended alternatives. 
(I) SYSTEM
PERFORMANCE.—Evaluation 
and assessment of the current and future capa-
bilities for conducting system-wide real-time 
performance data collection and analysis, traffic 
monitoring, system operations and manage-
ment. 
(5) ALTERNATIVES.—A range of policy rec-
ommendations shall be developed as a part of the 
plan under this subsection to address identified fu-
ture needs of the Interstate System. The alternatives 
shall include funding needs and potential approaches 
to provide those funds. 
(6) MEMBERSHIP.—
(A) APPOINTMENT.—[Reserved.]
(B) 
QUALIFICATIONS.—Members 
ap-
pointed under subparagraph (A) shall be ap-
pointed from among individuals that have a 
concern for maintaining a strong role for the 
Interstate System in the future of the Nation 
and may include representatives from Federal, 
State, and local governments, other transpor-
tation authorities or agencies, and organizations 
representing surface transportation owners and 
operators. 
(C) TERMS.—Members shall be appointed 
for the life of the Commission. 
(D) VACANCIES.—A vacancy in the Com-
mission shall be filled in the manner in which 
the original appointment was made. 
(E) TRAVEL
EXPENSES.—Member shall 
serve without pay but shall receive travel ex-
penses, including per diem in lieu of subsist-
ence, in accordance with sections 5702 and 
5703 of title 5, United States Code. 
(F) CHAIRMAN.—The Chairman of the 
Commission shall be elected by the members. 
(7) STAFF.—The Commission may engage the 
services of an appropriate organization, agency, or 
firm to conduct the study under this subsection. The
Commission will provide strategic guidance for the 
study. Upon request of the Commission, the Sec-
retary may detail, on a reimbursable basis, any of 
the personnel of the Department of Transportation 
to the Commission to assist it in carrying out its du-
ties under this section and shall provide to the Com-
mission such nonconfidential data and information 
as necessary to conduct the study. 
(8) ADMINISTRATIVE
SUPPORT
SERVICES.—
Upon the request of the Commission, the Secretary 
shall provide to the Commission, on a reimbursable 
basis, the administrative support and services nec-
essary for the Commission to carry out its respon-
sibilities under this subsection. 
(9) REPORT
AND
RECOMMENDATIONS.—Not 
later than September 30, 2006, the Commission 
shall transmit to Congress a final report on the re-
sults of the study conducted under this subsection, 
including recommendations to address the needs 
identified in the study. 
(10) TERMINATION.—The Commission shall 
terminate on the 180th day following the date of 
transmittal of the report under paragraph (9). By 
such 180th day, the Commission shall deliver all 
records and papers of the Commission to the Admin-
istrator of the General Services for deposit in the 
National Archives. 
(11) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated from the 
Highway Trust Funds (other than the Mass Transit 
Account) to carry out this subsection $1,000,000 for 
each of fiscal years 2005 and 2006. 
(12) APPLICABILITY
OF
TITLE 23, UNITED 
STATES
CODE.—Funds authorized to be appro-
priated by this section shall be available for obliga-
tion in the same manner as if such funds were ap-
portioned under chapter 1 of title 23, United States 
Code; except that the Federal share of the cost of 
activities carried out under this subsection shall be 
100 percent and such funds shall remain available 
until expended.
SEC. 1120. HYDROGEN INFRASTRUCTURE DEPLOYMENT 
PILOT PROGRAM. 
(a) IN GENERAL.—The Secretary is authorized to 
make grants to, and enter into cooperative agreements 
and other transactions with, Federal and other public 
agencies (including State and local governments), private 
organizations, and other persons for the demonstration 
and testing of hydrogen transportation and refueling in-
frastructure necessary to support the use of next genera-
tion highway vehicle technologies. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated from the Highway Trust 
Fund (other than the Mass Transit Account) to carry out 
this section $5,000,000 for fiscal year 2004, $5,000,000 
for fiscal year 2005, $5,000,000 for fiscal year 2006, 
$10,000,000 for fiscal year 2007, $10,000,000 for fiscal 
year 2008, and $10,000,000 for fiscal year 2009. 
(c) 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 under this sec-
tion shall be 80 percent and such funds shall remain avail-
able until expended. 
SEC. 1121. ADJUSTMENTS FOR THE SURFACE TRANSPOR-
TATION EXTENSION ACT OF 2003. 
[To be supplied.] 
Subtitle B—Congestion Relief 
SEC. 1201. MOTOR VEHICLE CONGESTION RELIEF. 
(a) IN GENERAL.—Title 23, United States Code, is 
amended by inserting after section 138 the following:
‘‘§ 139. Motor vehicle congestion relief 
‘‘(a) IN GENERAL.—Each State that has an urban-
ized area with an urbanized area population of over 
200,000 individuals shall obligate in each of fiscal years 
2004 through 2009 a portion of the State’s apportion-
ments under section 104(b) in such fiscal year, as cal-
culated under subsection (b), for congestion relief activi-
ties in such urbanized areas in accordance with this sec-
tion. 
‘‘(b) CALCULATION OF AMOUNT.—The portion of a 
State’s apportionments for a fiscal year to be obligated 
for congestion relief activities under subsection (a) shall 
be determined by multiplying—
‘‘(1) the total of amounts apportioned to the 
State under each of paragraphs (1), (2), (3), and (4) 
of section 104(b) in such fiscal year; by 
‘‘(2) 10 percent; by 
‘‘(3) the percentage of the State’s population 
residing in urbanized areas of the State with an ur-
banized area population of over 200,000 individuals. 
‘‘(c) ALLOCATION
BETWEEN
UNDER
ONE
AND 
UNDER THREE CONGESTION RELIEF ACTIVITIES.—Of 
the total amount of a State’s apportionments to be obli-
gated for congestion relief activities for a fiscal year as 
calculated under subsection (b)—
‘‘(1) 40 percent shall be obligated for under one 
congestion relief activities; 
‘‘(2) 35 percent shall be obligated for under 
three congestion relief activities; and 
‘‘(3) 25 percent shall be obligated at the discre-
tion of the State department of transportation for 1 
or more of the following: 
‘‘(A) Under one congestion relief activities. 
‘‘(B) Under three congestion relief activi-
ties. 
‘‘(C) Capital costs for transit projects that 
are eligible for assistance under chapter 53 of 
title 49. 
‘‘(D) Demand relief projects and activities 
that shift demand to non-peak hours or to other 
modes of transportation or that reduce the 
overall level of demand for roads through such 
means as telecommuting, ridesharing, alter-
native work hour programs, and value pricing. 
‘‘(d) OBLIGATION OF AMOUNTS.—In complying with 
the requirements of this section, the amounts obligated by 
a State for congestion relief activities under subsection (a) 
shall be allocated among the individual programs for 
which funds are apportioned under sections 104(b)(1), 
104(b)(2), 104(b)(3), and 104(b)(4).
‘‘(e) LIMITATION ON STATUTORY CONSTRUCTION.—
Nothing in this section shall be construed as altering or 
otherwise affecting the applicability of the requirements 
of this chapter (including requirements relating to the eli-
gibility of a project for assistance under the program, the 
location of the project, and the Federal-share payable on 
account of the project) to amounts apportioned to a State 
for a program under section 104(b) that are obligated by 
the State for congestion relief activities under subsection 
(a). 
‘‘(f) JOINT RESPONSIBILITY.—Each State, each af-
fected metropolitan planning organization, and the Sec-
retary shall jointly ensure compliance with this section. 
‘‘(g) TRANSFERS.—
‘‘(1) IN
GENERAL.—A State may transfer a 
portion of the amount that the State must obligate 
for under one congestion relief activities in a fiscal 
year under this section to the amount the State 
must obligate for under three congestion relief ac-
tivities under this section if the State certifies to the 
Secretary that there are no under one congestion re-
lief activities for which such portion can be obligated 
in such fiscal year and the Secretary does not dis-
approve such transfer within 30 days after the date 
of such certification.
‘‘(2) LIMITATION.—The amount that a State 
may transfer in a fiscal year under this subsection 
may not reduce the amount the State must obligate 
for under one congestion relief activities to less than 
10 percent of the total amount of the State’s appor-
tionments to be obligated for congestion relief activi-
ties for such fiscal year as calculated under sub-
section (b). 
‘‘(3) TREATMENT.—Amounts transferred by a 
State under this subsection for a fiscal year shall be 
included in the amount of the State’s apportion-
ments allocated for under three congestion relief ac-
tivities for such fiscal year under subsection (c)(2). 
‘‘(h) DEFINITIONS.—In this section, the following 
definitions apply: 
‘‘(1) CONGESTION RELIEF ACTIVITIES.—
‘‘(A) IN GENERAL.—The term ‘congestion 
relief activity’ means any activity, project, or 
program that has as its primary purpose, as de-
termined by the State transportation depart-
ment, the relief of motor vehicle congestion. 
‘‘(B) INCLUSIONS.—Such term includes 
the following: 
‘‘(i) Relief of motor vehicle congestion 
through additional capacity, construction
of additional lanes, improvements to inter-
changes, improved access to major termi-
nals, construction of parallel roads, con-
struction of truck only lanes, and major 
arterial improvements. 
‘‘(ii) Transportation systemwide oper-
ational improvements targeted at increas-
ing motor vehicle travel reliability through 
such means as incident management pro-
grams, traffic monitoring and surveillance, 
and traveler information initiatives. 
‘‘(iii) Maximizing efficient use of ex-
isting motor vehicle travel capacity through 
such means as reversible lanes, coordinated 
traffic signalization, and managed lanes or 
other lane management strategies. 
‘‘(C) EXCLUSIONS.—Such term does not 
include demand relief projects and activities 
that shift demand to non-peak hours or to other 
modes of transportation or that reduce the 
overall level of demand for roads through such 
means as telecommuting, ridesharing, alter-
native work hour programs, and value pricing.
‘‘(2) UNDER ONE CONGESTION RELIEF ACTIVI-
TIES.—The term ‘under one congestion relief activ-
ity’ means a congestion relief activity that—
‘‘(A) will be completed within one year 
after the date of commencement of onsite im-
provements; 
‘‘(B) has a total projected cost of less than 
$1,000,000; and 
‘‘(C) will improve conditions in the applica-
ble area and is an element of the congestion 
management system. 
‘‘(3) UNDER THREE CONGESTION RELIEF AC-
TIVITIES.—The term ‘under three congestion relief 
activities’ means congestion relief activities that—
‘‘(A) will be completed within 3 years after 
the date of commencement of onsite improve-
ments; and 
‘‘(B) will improve conditions in the applica-
ble area and is an element of the congestion 
management system.’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
chapter I of such title is amended by inserting after the 
item relating to section 138 the following:
‘‘139. Motor vehicle congestion relief.’’.
(c) MOTOR VEHICLE DEFINED.—Title 23, United 
States Code, is amended—
(1) in section 154(a)(2), relating to the defini-
tion of motor vehicle, by inserting ‘‘streets, roads, 
and’’ before ‘‘highways’’; 
(2) by redesignating paragraph (2) of section 
154(a) as paragraph (38); 
(3) by moving such redesignated paragraph 
from section 154(a) to the end of section 101(a); 
(4) by redesignating paragraphs (3) and (4) of 
section 154(a) as paragraphs (2) and (3), respec-
tively; 
(5) in section 153(i)—
(A) by striking paragraph (2); and 
(B) by redesignating paragraphs (3) and 
(4) as paragraphs (2) and (3), respectively; 
(6) in section 164(a)(4) by striking ‘‘means’’ 
and all that follows through ‘‘rail line or’’ and in-
serting ‘‘does not include’’; and 
(7) in section 405(f)—
(A) by striking paragraph (2); and 
(B) by redesignating paragraphs (3), (4), 
(5), and (6) as paragraphs (2), (3), (4), and 
(5).
SEC. 1202. TRANSPORTATION SYSTEMS MANAGEMENT AND 
OPERATIONS. 
(a) DEFINITIONS.—
(1) OPERATING
COSTS
FOR
TRAFFIC
MONI-
TORING, 
MANAGEMENT, 
AND
CONTROL.—Section 
101(a)(17) of title 23, United States Code, is 
amended by inserting ‘‘transportation systems man-
agement and operations and’’ after ‘‘associated 
with’’. 
(2) 
OPERATIONAL
IMPROVEMENT.—Section 
101(a)(18)(A)(i) of such title is amended—
(A) by inserting ‘‘transportation systems 
management and operations, including’’ after 
‘‘for’’; and 
(B) by inserting ‘‘equipment and programs 
for transportation response to natural disas-
ters,’’ after ‘‘incident management programs,’’. 
(4) TRANSPORTATION SYSTEMS MANAGEMENT 
AND OPERATIONS.—Section 101(a) of such title is 
further amended by adding at the end the following: 
‘‘(39) TRANSPORTATION
SYSTEMS
MANAGE-
MENT AND OPERATIONS.—
‘‘(A) IN GENERAL.—The term ‘transpor-
tation systems management and operations’ 
means an integrated program to optimize the 
performance of existing infrastructure through 
the implementation of multimodal and inter-
modal, cross-jurisdictional systems, services,
and projects designed to preserve capacity and 
improve the security, safety, and reliability of 
Federal-aid highways. 
‘‘(B) INCLUDED ACTIVITIES AND IMPROVE-
MENTS.—The term includes regional operations 
collaboration and coordination activities be-
tween transportation and public safety agencies 
and improvements such as traffic detection and 
surveillance, 
arterial 
management, 
freeway 
management, demand management, work zone 
management, emergency management, elec-
tronic toll collection, automated enforcement, 
traffic operations measures to improve capacity, 
traffic signal coordination, optimization of traf-
fic signal timing, traffic incident management, 
roadway weather management, traveler infor-
mation services, commercial vehicle operations, 
traffic control, freight management, and coordi-
nation of highway, rail, transit, bicycle, and pe-
destrian operations.’’. 
(b) CONGESTION MITIGATION AND AIR QUALITY IM-
PROVEMENT PROGRAM ELIGIBILITY.—Section 149(b)(5) 
of such title is amended by inserting ‘‘improve transpor-
tation systems management and operations,’’ after ‘‘inter-
sections,’’
(c) SURFACE TRANSPORTATION PROGRAM ELIGI-
BILITY.—Section 133(b) of such title is amended by add-
ing at the end the following: 
‘‘(15) Regional transportation operations col-
laboration and coordination activities that are asso-
ciated with regional improvements, including activi-
ties for traffic incident management, technology de-
ployment, emergency management and response, 
traveler information, and regional congestion re-
lief.’’. 
(d) NATIONAL HIGHWAY SYSTEM ELIGIBILITY.—
Section 103(b)(6) of such title is amended by adding at 
the end the following: 
‘‘(Q) Capital, operating, and systems main-
tenance costs for transportation systems man-
agement and operations.’’. 
(e) TRANSPORTATION SYSTEMS MANAGEMENT AND 
OPERATIONS.—Subchapter I of chapter 1 of such title is 
further amended by adding at the end the following: 
‘‘§ 166. Transportation systems management and op-
erations 
‘‘(a) AUTHORITY.—The Secretary may—
‘‘(1) encourage transportation system man-
agers, operators, public safety officials, and trans-
portation planners within an urbanized area, who
are actively engaged in and responsible for con-
ducting activities relating to day-to-day manage-
ment, operations, public safety, and planning of 
transportation facilities and services, to collaborate 
and coordinate on a regional level in a continuous 
and sustained manner for improved transportation 
systems management and operations, including, at a 
minimum— 
‘‘(A) developing a regional concept of oper-
ations that defines a regional strategy shared 
by all transportation and public safety partici-
pants for how the region’s systems should be 
managed, operated, and measured; 
‘‘(B) sharing of information among opera-
tors, service providers, public safety officials, 
and the general public; and 
‘‘(C) guiding, in a regionally-coordinated 
manner, the implementation of regional trans-
portation system management and operations 
initiatives, including emergency evacuation and 
response, traffic incident management, tech-
nology deployment, and traveler information 
systems delivery, in a manner consistent with 
and integrated into the ongoing metropolitan 
and statewide transportation planning processes
and regional intelligent transportation system 
architecture, if required; and 
‘‘(2) encourage States to establish a system of 
basic real-time monitoring capability for the surface 
transportation system and provide the capability and 
means to share that data among agencies (including 
highway, transit, and public safety agencies), juris-
dictions (including States, cities, counties, and areas 
represented by metropolitan planning organizations), 
private-sector entities, and the traveling public. 
‘‘(b) EXECUTION.—To support the successful execu-
tion of transportation systems management and oper-
ations activities, the Secretary may undertake the fol-
lowing activities: 
‘‘(1) Assist and cooperate with other Federal 
departments and agencies, State and local govern-
ments, metropolitan planning organizations, private 
industry representatives, and other interested parties 
to improve regional collaboration and real-time infor-
mation sharing between transportation system man-
agers and operators, public safety officials, emer-
gency managers, and the general public to increase 
the security, safety, and reliability of Federal-aid 
highways.
‘‘(2) Issue, if necessary, new guidance or regu-
lations for the procurement of transportation system 
management and operations facilities, equipment, 
and services, including equipment procured in prepa-
ration for natural disasters and emergencies, system 
hardware, software, and software integration serv-
ices.’’. 
(e) CONFORMING AMENDMENT.—The analysis for 
such chapter is further amended by adding at the end the 
following:
‘‘166. Transportation systems management and operations.’’.
(f) COMMISSION ON INTELLIGENT TRANSPORTATION 
SYSTEM PROCUREMENT POLICY.—
(1) ESTABLISHMENT.—There is established a 
Commission on Intelligent Transportation System 
Procurement Policy. 
(2) DUTIES.—
(A) 
IN
GENERAL.—The 
Commission 
shall—
(i) conduct a study of the current 
policies and practices for the procurement 
of intelligent transportation system facili-
ties, equipment, and services; and 
(ii) develop a conceptual plan with al-
ternative approaches for expediting and
streamlining such procurements at the 
State level. 
(B) RECOMMENDATIONS.—Based on the 
study under subparagraph (A), the Commission 
shall make recommendations in its report under 
paragraph (7) regarding procurement stand-
ards, including recommendations regarding any 
changes in Federal and State statutes, regula-
tions, and policies necessary to ensure that na-
tional interests are served in meeting future in-
telligent transportation system needs. 
(3) SPECIFIC MATTERS TO BE ADDRESSED.—
The study under paragraph (2) shall specifically ad-
dress the following: 
(A) CURRENT
CONDITION.—The current 
practices and policies relating to procurement of 
intelligent 
transportation 
system 
facilities, 
equipment, and services, including equipment 
procured in preparation for natural disasters 
and emergencies, system hardware, software, 
and software integration services. 
(B) ASSESSMENT
OF
NEED
FOR
POLICY 
REFORM.—The ability of current practices and 
policies to achieve the successful implementa-
tion of intelligent transportation system goals
and the need for national policy reform to expe-
dite and streamline procurements necessary to 
meet such goals. 
(C) ALTERNATIVES.—The range of legisla-
tive, regulatory, and policy alternatives to ad-
dress identified needs and goals, including fund-
ing needs. 
(D) 
RECOMMENDATIONS.—Recommenda-
tions regarding procurement standards, includ-
ing recommendations regarding any changes in 
Federal and State statutes, regulations, and 
policies necessary for expedited and streamlined 
procurements. 
(4) MEMBERSHIP.— 
(A) APPOINTMENTS.—[Reserved.] 
(B) TERMS.—Members shall be appointed 
for the life of the Commission. 
(C) VACANCIES.—A vacancy in the Com-
mission shall be filled in the manner in which 
the original appointment was made. 
(D) TRAVEL
EXPENSES.—Members shall 
serve without pay but shall receive travel ex-
penses, including per diem in lieu of subsist-
ence, in accordance with sections 5702 and 
5703 of title 5, United States Code.
(5) STAFF.—
(A) IN GENERAL.—The Commission may 
engage the services of an appropriate organiza-
tion, agency, or firm to conduct the study under 
paragraph (2), but the Commission shall pro-
vide strategic guidance for the study. 
(B) DETAIL STAFF.—Upon request of the 
Commission, the Secretary may detail, on a re-
imbursable basis, any of the personnel of the 
Department of Transportation to the Commis-
sion to assist the Commission in carrying out 
its duties under this subsection. 
(C) COOPERATION.—The Secretary shall 
cooperate with the Commission in the study, in-
cluding providing the Commission with such 
nonconfidential data and information as nec-
essary for conducting and completing the study. 
(6) ADMINISTRATIVE
SUPPORT
SERVICES.—
Upon the request of the Commission, the Secretary 
shall provide to the Commission, on a reimbursable 
basis, the administrative support and services nec-
essary for the Commission to carry out its respon-
sibilities under this subsection. 
(7) REPORT
AND
RECOMMENDATIONS.—Not 
later than September 30, 2005, the Commission
shall transmit to the appropriate committees of Con-
gress a final report regarding the results of the 
study under paragraph (2) and recommendations to 
address the needs identified in such study. 
(8) TERMINATION.—The Commission shall ter-
minate on the 180th day after the date of trans-
mittal of the report under paragraph (7). All records 
and papers of the Commission shall thereupon be de-
livered to the Administrator of General Services for 
deposit in the National Archives. 
(9) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated from the 
Highway Trust Fund (other than the Mass Transit 
Account) $1,000,000 in fiscal year 2004 to carry out 
this subsection. 
(10) APPLICABILITY
OF
TITLE
23.—Funds 
made available to carry out this subsection 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 the study under paragraph (2) 
and other costs of the Commission under this sub-
section shall be 100 percent and such funds shall re-
main available until expended.
SEC. 1203. REAL-TIME SYSTEM MANAGEMENT INFORMA-
TION PROGRAM. 
(a) ESTABLISHMENT.—
(1) IN GENERAL.—The Secretary shall establish 
a real-time system management information pro-
gram to provide, in all States, the capability to mon-
itor, in real-time, the traffic and travel conditions of 
the Nation’s major highways and to share that in-
formation to improve the security of the surface 
transportation system, to address congestion prob-
lems, to support improved response to weather 
events and surface transportation incidents, and to 
facilitate national and regional highway traveler in-
formation. 
(2) PURPOSES.—The purposes of the real-time 
system management information program are to—
(A) establish, in all States, a system of 
basic real-time information for managing and 
operating the surface transportation system; 
(B) identify longer range real-time high-
way and transit monitoring needs and develop 
plans and strategies for meeting such needs; 
and 
(C) provide the capability and means to 
share that data with State and local govern-
ments and the traveling public.
(b) NATIONAL STEERING COMMITTEE.—
(1) IN GENERAL.—The Secretary shall establish 
a national steering committee to assist in the devel-
opment of data exchange formats under subsection 
(c). 
(2) REPRESENTATIVES.—The national steering 
committee shall consist of representatives of State 
transportation departments, metropolitan planning 
organizations, local governments, nonprofit entities, 
the private sector, and academia. 
(3) PURPOSE.—The purpose of the national 
steering committee shall be to provide guidance re-
garding the content and uniformity of data exchange 
formats. 
(c) DATA EXCHANGE FORMATS.—Not later than 2 
years after the date of enactment of this Act, the Sec-
retary shall establish data exchange formats based on rec-
ommendations of the steering committee established under 
subsection (b) to ensure that the data provided by highway 
and transit monitoring systems, including statewide inci-
dent reporting systems, can readily be exchanged across 
jurisdictional boundaries, facilitating nationwide avail-
ability of information. 
(d) REGIONAL INTELLIGENT TRANSPORTATION SYS-
TEM ARCHITECTURE.—
(1) ADDRESSING
INFORMATION
NEEDS.—As 
State and local governments develop or update re-
gional intelligent transportation system architec-
tures, described in section 940.9 of title 23, Code of 
Federal Regulations, such governments shall explic-
itly address real-time highway and transit informa-
tion needs and the systems needed to meet such 
needs, including addressing coverage, monitoring 
systems, data fusion and archiving, and methods of 
exchanging or sharing highway and transit informa-
tion. 
(2) DATA EXCHANGE.—States shall incorporate 
the data exchange formats established by the Sec-
retary under subsection (c) to ensure that the data 
provided by highway and transit monitoring systems 
may readily be exchanged with State and local gov-
ernments and the traveling public. 
(e) ELIGIBILITY.—Subject to project approval by the 
Secretary, a State may obligate funds apportioned to the 
State under sections 104(b)(1), 104(b)(2), and 104(b)(3) 
of title 23, United States Code, for activities related to 
the planning and deployment of real-time monitoring ele-
ments that advance the goals and purposes described in 
subsection (a).
(f) LIMITATION ON STATUTORY CONSTRUCTION.—
Nothing in this section shall be construed as altering or 
otherwise affecting the applicability of the requirements 
of chapter 1 of title 23, United States Code (including 
requirements relating to the eligibility of a project for as-
sistance under the program, the location of the project, 
and the Federal-share payable on account of the project), 
to amounts apportioned to a State for a program under 
section 104(b) that are obligated by the State for activities 
and projects under this section. 
(g) STATEWIDE INCIDENT REPORTING SYSTEM DE-
FINED.—In this section, the term ‘‘statewide incident re-
porting system’’ means a statewide system for facilitating 
the real-time electronic reporting of surface transportation 
incidents to a central location for use in monitoring the 
event, providing accurate traveler information, and re-
sponding to the incident as appropriate. 
SEC. 1204. EXPEDITED NATIONAL INTELLIGENT TRANSPOR-
TATION SYSTEMS DEPLOYMENT PROGRAM. 
(a) ESTABLISHMENT.—The Secretary shall establish 
a comprehensive program to accelerate the integration, 
interoperability, and deployment of intelligent transpor-
tation systems in order to improve the performance of the 
surface transportation system in metropolitan and rural 
areas.
(b) SELECTION OF MODEL PROJECTS.—Under the 
program, the Secretary may make grants, through com-
petitive solicitation, for projects that will serve as models 
to improve transportation efficiency, promote surface 
transportation safety (including safe freight movement), 
increase traffic flow (including the flow of intermodal trav-
el at ports of entry), reduce emissions of air pollutants, 
improve traveler information, enhance alternative trans-
portation modes, build on existing intelligent transpor-
tation system projects, and promote tourism. 
(c) OTHER PROJECTS, PROGRAMS, AND ACTIVI-
TIES.—Under the program, the Secretary may make 
grants for projects, programss and activities in metropoli-
tan and rural areas that—
(1) contribute to national deployment goals and 
objectives outlined in the national intelligent trans-
portation system program plan; 
(2) promote cooperation among agencies, juris-
dictions, and the private sector, as evidenced by 
signed memoranda of understanding that clearly de-
fine the responsibilities and relations of all parties to 
a partnership arrangement, including institutional 
relationships and financial agreements needed to 
support deployment of intelligent transportation sys-
tems;
(3) encourage private sector involvement and fi-
nancial commitment to such deployment to the max-
imum extent practicable through innovative financial 
arrangements, especially public-private partnerships, 
including arrangements that generate revenue to off-
set public investment costs; 
(4) enhance fully integrated intelligent trans-
portation system deployment; 
(5) create technical capacity for effective oper-
ations and maintenance of such systems; 
(6) improve safety, mobility, geographic and re-
gional diversity, and economic development in de-
ployment of such systems; 
(7) advance deployment of the 511 traveler in-
formation program; and 
(8) advance deployment of other national sys-
tems, including a statewide incident reporting sys-
tem, wireless e-911 system, and road weather infor-
mation system. 
(d) APPLICABILITY OF TITLE 23, UNITED STATES 
CODE.—Funds authorized to be appropriated under sec-
tion 1101(a)(16) of this Act shall be available for obliga-
tion to carry out subsection (c)(7) in the same manner 
and to the same extent as if such funds were apportioned 
under chapter 1 of title 23, United States Code; except
that the Federal share of the cost of projects carried out 
under subsection (c)(7) shall be 80 percent and such funds 
shall remain available until expended. 
SEC. 1205. INTELLIGENT TRANSPORTATION SYSTEMS DE-
PLOYMENT. 
(a) PURPOSE.—The purpose of this section is to en-
sure that a minimum of $3,000,000,000 of the amounts 
authorized to be appropriated for the National Highway 
System, Interstate maintenance, surface transportation, 
and congestion mitigation and air quality improvement 
programs for fiscal years 2004 through 2009 is utilized 
to expand deployment of intelligent transportation sys-
tems. 
(b) IN GENERAL.—Chapter 1 of title 23, United 
States Code, is amended by inserting after section 149 the 
following: 
‘‘§ 150. Deployment of intelligent transportation sys-
tems 
‘‘(a) IN GENERAL.—In each of fiscal years 2004 
through 2009, each State shall obligate a portion of the 
funds apportioned to the State under sections 104(b)(1), 
104(b)(2), 104(b)(3), and 104(b)(4) for such fiscal year, 
calculated under subsection (b), for projects described in 
subsection (c) that support deployment of intelligent 
transportation systems in the State.
100
‘‘(b) CALCULATION OF AMOUNT.—The portion of a 
State’s apportionments to be obligated under subsection 
(a) for projects described in subsection (c) in a fiscal year 
shall be determined by multiplying $500,000,000 by the 
ratio that—
‘‘(1) the aggregate of amounts apportioned to 
the State for such fiscal year under sections 
104(b)(1), 104(b)(2), 104(b)(3), and 104(b)(4); 
bears to 
‘‘(2) the aggregate of amounts apportioned to 
all States for such fiscal year under such sections. 
‘‘(c) INTELLIGENT TRANSPORTATION SYSTEMS DE-
PLOYMENT PROJECTS.—Projects for which funds must be 
obligated under this section include the following: 
‘‘(1) PERFORMANCE.—Establishment and im-
plementation of operations systems and services that 
improve performance in the areas of traffic oper-
ations, emergency response to surface transportation 
incidents, surface transportation incident manage-
ment, weather event response management by State 
and local authorities, surface transportation network 
and facility management, construction and work 
zone management, and traffic flow information. 
‘‘(2) NETWORKS.—Conducting activities that 
support the creation of networks that link metropoli-
101
tan and rural surface transportation systems into an 
integrated data network, capable of collecting, shar-
ing, and archiving transportation system traffic con-
dition and performance information. 
‘‘(3) SAFETY.—Implementation of intelligent 
transportation system technologies that improve 
highway safety through linkages connecting the vehi-
cle, the infrastructure, and information to the driver. 
‘‘(4) OPERATION
AND
MANAGEMENT.—Provi-
sion of services necessary to ensure the efficient op-
eration and management of intelligent transpor-
tation systems infrastructure, including costs associ-
ated with communications, utilities, rent, hardware, 
software, labor, administrative costs, training, and 
technical services. 
‘‘(5) INTERAGENCY
SUPPORT.—Provision of 
support for institutional relationships between trans-
portation agencies, police, emergency medical serv-
ices, private emergency operators, freight operators, 
and shippers. 
‘‘(6) 
PLANNING.—Conducting 
cross-jurisdic-
tional planning and deployment of regional transpor-
tation systems operations and management ap-
proaches.
102
‘‘(d) OBLIGATION OF AMOUNTS.—In complying with 
the requirements of this section, the amounts obligated by 
a State for projects under subsection (c) that support de-
ployment of intelligent transportation systems in such 
State under subsection (a) shall be allocated among the 
individual programs for which funds are apportioned 
under sections 104(b)(1), 104(b)(2), 104(b)(3), and 
104(b)(4). 
‘‘(e) LIMITATION ON STATUTORY CONSTRUCTION.—
Nothing in this section shall be construed as altering or 
otherwise affecting the applicability of the requirements 
of this chapter (including requirements relating to the eli-
gibility of a project for assistance under the program, the 
location of the project, and the Federal-share payable on 
account of the project) to amounts apportioned to a State 
for a program under section 104(b) that are obligated by 
the State for projects under this section. 
‘‘(f) JOINT RESPONSIBILITY.—Each State, each af-
fected metropolitan planning organization, and the Sec-
retary shall jointly ensure compliance with this section.’’. 
(c) CONFORMING AMENDMENT.—The analysis for 
such chapter is amended by inserting after the item relat-
ing to section 149 the following:
‘‘150. Deployment of intelligent transportation systems.’’.
103
SEC. 1206. ENVIRONMENTAL REVIEW OF ACTIVITIES THAT 
SUPPORT 
DEPLOYMENT 
OF 
INTELLIGENT 
TRANSPORTATION SYSTEMS. 
[Reserved.] 
SEC. 1207. ASSUMPTION OF RESPONSIBILITY FOR CERTAIN 
PROGRAMS AND PROJECTS. 
[Reserved.] 
SEC. 1208. HOV LANES. 
[Reserved.] 
SEC. 1209. CONGESTION PRICING PILOT PROGRAM. 
[Reserved.] 
Subtitle C—Mobility and Efficiency 
SEC. 1301. NATIONAL CORRIDOR INFRASTRUCTURE IM-
PROVEMENT PROGRAM. 
[Reserved.]
SEC. 1302. COORDINATED BORDER INFRASTRUCTURE PRO-
GRAM. 
(a) GENERAL AUTHORITY.—The Secretary shall im-
plement a coordinated border infrastructure program 
under which the Secretary shall distribute funds to border 
States to improve the safe movement of motor vehicles at 
or across the border between the United States and Can-
ada and the border between the United States and Mexico. 
(b) ELIGIBLE USES.—A State may use funds appor-
tioned under this section only for—
105
(A) the total number of incoming commer-
cial trucks that pass through the land border 
ports of entry within the boundaries of a border 
State, as determined by the Secretary; bears to 
(B) the total number of incoming commer-
cial trucks that pass through such ports of 
entry within the boundaries of all the border 
States, as determined by the Secretary. 
(2) 30 percent in the ratio that—
(A) the total number of incoming personal 
motor vehicles and incoming buses that pass 
through land border ports of entry within the 
boundaries of a border State, as determined by 
the Secretary; bears to 
(B) the total number of incoming personal 
motor vehicles and incoming buses that pass 
through such ports of entry within the bound-
aries of all the border States, as determined by 
the Secretary. 
(3) 25 percent in the ratio that—
(A) the total weight of incoming cargo by 
commercial trucks that pass through land bor-
der ports of entry within the boundaries of a 
border State, as determined by the Secretary; 
bears to
106
(B) the total weight of incoming cargo by 
commercial trucks that pass through such ports 
of entry within the boundaries of all the border 
States, as determined by the Secretary. 
(4) 25 percent of the ratio that—
(A) the total number of land border ports 
of entry within the boundaries of a border 
State, as determined by the Secretary; bears to 
(B) the total number of land border ports 
of entry within the boundaries of all the border 
States, as determined by the Secretary. 
(d) APPLICABILITY
OF TITLE 23.—Funds made 
available to carry out this section shall be available for 
obligation in the same manner as if such funds were ap-
portioned under chapter 1 of title 23, United States Code; 
except that such funds shall not be transferable and shall 
remain available until expended and the Federal share of 
the cost of a project under this section shall be 80 percent. 
(e) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) BORDER REGION.—The term ‘‘border re-
gion’’ means any portion of a border State within 20 
miles of an international land border with Canada or 
Mexico.
107
(2) BORDER STATE.—The term ‘‘border State’’ 
means any State that has an international land bor-
der with Canada or Mexico. 
(3) COMMERCIAL TRUCK.—The term ‘‘commer-
cial truck’’ means a commercial motor vehicle as de-
fined in section 31301(4) (other than subparagraph 
(B)) of title 49, United States Code. 
(4) MOTOR VEHICLE.—The term ‘‘motor vehi-
cle’’ has the meaning such term has under section 
101(a) of title 23, United States Code. 
(5) STATE.—The term ‘‘State’’ has the mean-
ing such term has in section 101(a) of such title 23. 
SEC. 1303. FREIGHT INTERMODAL CONNECTORS. 
(a) IN GENERAL.—
(1) ESTABLISHMENT.—The Secretary shall es-
tablish a freight intermodal connector program to 
improve productivity and improve the efficiency of 
the transportation of freight, while mitigating con-
gestion in the area of freight intermodal connectors. 
(2) PURPOSES.—The purposes of the program 
shall be—
(A) to facilitate and support intermodal 
freight transportation initiatives at the State 
and local levels in order to improve freight 
intermodal connectors and mitigate the impact
108
of congestion in the area of such connectors; 
and 
(B) to provide capital funding to address 
infrastructure and freight operational needs at 
freight intermodal connectors. 
(b) STATE RESPONSIBILITIES.—Under the program, 
each State shall ensure that intermodal freight transpor-
tation and trade facilitation and are adequately addressed 
integrated into the project development process, including 
transportation planning, through final design and con-
struction of freight related transportation projects. 
(c) ELIGIBLE PROJECTS.—
(1) IN GENERAL.—Projects eligible for funding 
under this section may include the construction of 
and improvements to publicly owned freight inter-
modal connectors, the provision of access to such 
connectors, and operational improvements for such 
connectors (including capital investment for intel-
ligent transportation systems); except that a project 
located within the boundaries of an intermodal 
freight facility shall only include highway infrastruc-
ture modifications necessary to facilitate direct inter-
modal access between the connector and the facility. 
(2) SPECIAL RULE.—If a State that does not 
have any freight intermodal connectors within its
109
boundaries or has only freight intermodal connectors 
within its boundaries that are in good condition and 
provide an adequate level of service, projects within 
the boundaries of the State that are eligible for as-
sistance under section 103(b)(6) of title 23, United 
States Code, relating to the National Highway Sys-
tem, shall be eligible for funding under this section. 
(d) PRIORITY.—Under the program, a State shall 
give priority to projects on freight intermodal connectors 
to the National Highway System as identified according 
to the criteria set forth in the report of the Department 
of Transportation to Congress entitled ‘Pulling Together: 
The NHS and its Connections to Major Intermodal Termi-
nals’. 
(e) APPORTIONMENT.—On October 1 of each fiscal 
year, the Secretary shall apportion among the States sums 
made available to carry out this section for such fiscal year 
as follows: 
(1) 33.3 percent in the ratio that—
(A) the number of freight intermodal con-
nectors identified in the most recent Intermodal 
Freight Connectors study of the Federal High-
way Administration within the boundaries of a 
State; bears to
110
(B) the total number of such connectors 
within the boundaries of all the States. 
(2) 33.3 percent in the ratio that—
(A) the total of each State’s annual con-
tributions to the Highway Trust Fund (other 
than the Mass Transit Account) attributable to 
commercial motor vehicles; bears to 
(B) the total of such annual contributions 
by all States. 
(3) 33.4 percent in the same ratios as funds are 
apportioned for the National Highway System under 
clauses (i), (ii), (iii), and (iv) of section 104(b)(1)(A) 
of title 23, United States Code. 
(f) APPLICABILITY OF TITLE 23.—Funds made avail-
able to carry out this section shall be available for obliga-
tion in the same manner as if such funds were apportioned 
under chapter 1 of title 23, United States Code; except 
that such funds shall not be transferable and shall remain 
available until expended and the Federal share of the cost 
of a project under this section shall be 80 percent. 
(g) UPDATE REPORT.—Not later than August 1, 
2005, the Secretary shall publish an update to the report 
entitled ‘‘Pulling Together: the National Highway System 
and its Connections to Major Intermodal Terminals’’.
111
(h) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) FREIGHT INTERMODAL CONNECTORS.—The 
term ‘‘freight intermodal connector’’ means the 
roadway that connects to an intermodal freight facil-
ity that carries or will carry intermodal traffic. 
(2) INTERMODAL
FREIGHT
FACILITY.—The 
term ‘‘intermodal freight facility’’ means a port, air-
port, truck-rail terminal, and pipeline-truck ter-
minal. 
(3) STATE.—The term ‘‘State’’ has the mean-
ing such term has in section 101(a) of title 23, 
United States Code.
SEC. 1304. PROJECTS OF NATIONAL AND REGIONAL SIG-
NIFICANCE. 
(a) FINDINGS.—Congress finds the following: 
(1) Under current law, surface transportation 
programs rely primarily on formula capital appor-
tionments to States. 
(2) Despite the significant increase for surface 
transportation program funding in the Transpor-
tation Equity Act of the 21st Century, current levels 
of investment are insufficient to fund critical high-
cost transportation infrastructure facilities that ad-
112
dress critical national economic and transportation 
needs. 
(3) Critical high-cost transportation infrastruc-
ture facilities often include multiple levels of govern-
ment, agencies, modes of transportation, and trans-
portation goals and planning processes that are not 
easily addressed or funded within existing surface 
transportation program categories. 
(4) Projects of national and regional signifi-
cance have national and regional benefits, including 
improving economic productivity by facilitating inter-
national trade, relieving congestion, and improving 
transportation safety by facilitating passenger and 
freight movement. 
(5) The benefits of such projects described in 
paragraph (4) accrue to local areas, States, and the 
Nation as a result of the effect such projects have 
on the national transportation system. 
(6) A program dedicated to constructing 
projects of national and regional significance is nec-
essary to improve the safe, secure, and efficient 
movement of people and goods throughout the 
United States and improve the health and welfare of 
the national economy.
113
(b) ESTABLISHMENT OF PROGRAM.—The Secretary 
shall establish a program to provide grants to qualified 
entities for projects of national and regional significance. 
(c) DEFINITIONS.—
(1) ELIGIBLE PROJECT COSTS.—The term ‘‘eli-
gible project costs’’ means the costs of—
(A) development phase activities, including 
planning, feasibility analysis, revenue fore-
casting, environmental review, preliminary engi-
neering 
and 
design 
work, 
and 
other 
preconstruction activities; and 
(B) construction, reconstruction, rehabili-
tation, and acquisition of real property (includ-
ing land related to the project and improve-
ments to land), environmental mitigation, con-
struction contingencies, acquisition of equip-
ment, and operational improvements. 
(2) ELIGIBLE
PROJECT.—The term ‘‘eligible 
project’’ means any surface transportation project 
eligible for Federal assistance under title 23, United 
States Code, including freight railroad projects and 
activities eligible under such title. 
(3) QUALIFIED ENTITY.—The term ‘‘qualified 
entity’’ means a State as defined in section 101(a) 
of title 23, United States Code.
114
(d) ELIGIBILITY.—To be eligible for assistance under 
this section, a project shall have eligible project costs that 
are reasonably anticipated to equal or exceed the lesser 
of—
(A) $500,000,000; or 
(B) 75 percent of the amount of Federal 
highway assistance funds apportioned for the 
most recently completed fiscal year to the State 
in which the project is located. 
(e) APPLICATIONS.—Each qualified entity seeking to 
receive a grant under this section for an eligible project 
shall submit to the Secretary an application in such form 
and in accordance with such requirements as the Secretary 
shall establish. 
(f) COMPETITIVE GRANT SELECTION AND CRITERIA 
FOR GRANTS.—
(1) IN GENERAL.—The Secretary shall—
(A) establish criteria for selecting among 
projects that meet the eligibility criteria speci-
fied in subsection (d); 
(B) conduct a national solicitation for ap-
plications; and 
(C) award grants on a competitive basis.
115
(2) CRITERIA
FOR
GRANTS.—The Secretary 
may approve a grant under this section for a project 
only if the Secretary determines that the project—
(A) is based on the results of preliminary 
engineering; 
(B) is justified based on the project’s abil-
ity—
(i) to generate national economic ben-
efits, including creating jobs, expanding 
business opportunities, and impacting the 
gross domestic product; 
(ii) to reduce congestion, including 
impacts in the State, region, and Nation; 
(iii) to improve transportation safety, 
including reducing transportation acci-
dents, injuries, and fatalities; 
(iv) to otherwise enhance the national 
transportation system; and 
(v) to garner support for non-Federal 
financial commitments and provide evi-
dence of stable and dependable financing 
sources to construct, maintain, and operate 
the infrastructure facility; and 
(C) is supported by an acceptable degree of 
non-Federal financial commitments, including
116
evidence of stable and dependable financing 
sources to construct, maintain, and operate the 
infrastructure facility. 
(3) SELECTION CONSIDERATIONS.—In selecting 
a project under this section, the Secretary shall con-
sider the extent to which the project—
(A) leverages Federal investment by en-
couraging non-Federal contributions to the 
project, including contributions from public-pri-
vate partnerships; 
(B) uses new technologies, including intel-
ligent transportation systems, that enhance the 
efficiency of the project. 
(C) helps maintain or protect the environ-
ment. 
(4) PRELIMINARY
ENGINEERING.—In evalu-
ating a project under paragraph (2)(A), the Sec-
retary shall analyze and consider the results of pre-
liminary engineering for the project. 
(5) NON-FEDERAL FINANCIAL COMMITMENT.—
(A) EVALUATION OF PROJECT.—In evalu-
ating a project under paragraph (2)(C), the 
Secretary shall require that—
(i) the proposed project plan provides 
for the availability of contingency amounts
117
that the Secretary determines to be reason-
able to cover unanticipated cost increases; 
and 
(ii) each proposed non-Federal source 
of capital and operating financing is stable, 
reliable, and available within the proposed 
project timetable. 
(B) CONSIDERATIONS.—In assessing the 
stability, reliability, and availability of proposed 
sources of non-Federal financing under sub-
paragraph (A), the Secretary shall consider—
(i) existing financial commitments; 
(ii) the degree to which financing 
sources are dedicated to the purposes pro-
posed; 
(iii) any debt obligation that exists or 
is proposed by the recipient for the pro-
posed project; and 
(iv) the extent to which the project 
has a non-Federal financial commitment 
that exceeds the required non-Federal 
share of the cost of the project. 
(6) REGULATIONS.—Not later than 120 days 
after the date of enactment of this Act, the Sec-
retary shall issue regulations on the manner in
118
which the Secretary will evaluate and rate the 
projects based on the results of preliminary engi-
neering, project justification, and the degree of non-
Federal financial commitment, as required under 
this subsection. 
(7) PROJECT
EVALUATION
AND
RATING.—A 
proposed project may advance from preliminary en-
gineering to final design and construction only if the 
Secretary finds that the project meets the require-
ments of this subsection and there is a reasonable 
likelihood that the project will continue to meet such 
requirements. In making such findings, the Sec-
retary shall evaluate and rate the project as ‘‘highly 
recommended’’, 
‘‘recommended’’, 
or 
‘‘not 
rec-
ommended’’ based on the results of preliminary engi-
neering, the project justification criteria, and the de-
gree of non-Federal financial commitment, as re-
quired under this subsection. In rating the projects, 
the Secretary shall provide, in addition to the overall 
project rating, individual ratings for each of the cri-
teria established under the regulations issued under 
paragraph (6). 
(g) LETTERS
OF INTENT
AND FULL FUNDING 
GRANT AGREEMENTS.—
(1) LETTER OF INTENT.—
119
(A) IN
GENERAL.—The Secretary may 
issue a letter of intent to an applicant announc-
ing an intention to obligate, for a project under 
this section, an amount from future available 
budget authority specified in law that is not 
more than the amount stipulated as the finan-
cial participation of the Secretary in the 
project. 
(B) NOTIFICATION.—At least 60 days be-
fore issuing a letter under subparagraph (A) or 
entering into a full funding grant agreement, 
the Secretary shall notify in writing the Com-
mittee on Transportation and Infrastructure of 
the House of Representatives and the Com-
mittee on Environment and Public Works of the 
Senate of the proposed letter or agreement. The 
Secretary shall include with the notification a 
copy of the proposed letter or agreement as well 
as the evaluations and ratings for the project. 
(C) NOT AN OBLIGATION.—The issuance 
of a letter is deemed not to be an obligation 
under sections 1108(c) and (d), 1501, and 
1502(a) of title 31, United States Code, or an 
administrative commitment.
120
(D) OBLIGATION
OR
COMMITMENT.—An 
obligation or administrative commitment may 
be made only when contract authority is allo-
cated to a project. 
(2) FULL FUNDING GRANT AGREEMENT.—
(A) IN
GENERAL.—A project financed 
under this subsection shall be carried out 
through a full funding grant agreement. The 
Secretary shall enter into a full funding grant 
agreement based on the evaluations and ratings 
required under subsection (f)(7). 
(B) TERMS.—If the Secretary makes a full 
funding grant agreement with an applicant, the 
agreement shall—
(i) establish the terms of participation 
by the United States Government in a 
project under this section; 
(ii) establish the maximum amount of 
Government financial assistance for the 
project; 
(iii) cover the period of time for com-
pleting the project, including a period ex-
tending beyond the period of an authoriza-
tion; and
121
(iv) make timely and efficient man-
agement of the project easier according to 
the laws of the United States. 
(C) AGREEMENT.—An agreement under 
this paragraph obligates an amount of available 
budget authority specified in law and may in-
clude a commitment, contingent on amounts to 
be specified in law in advance for commitments 
under this paragraph, to obligate an additional 
amount from future available budget authority 
specified in law. The agreement shall state that 
the contingent commitment is not an obligation 
of the Government. Interest and other financing 
costs of efficiently carrying out a part of the 
project within a reasonable time are a cost of 
carrying out the project under a full funding 
grant agreement, except that eligible costs may 
not be more than the cost of the most favorable 
financing terms reasonably available for the 
project at the time of borrowing. The applicant 
shall certify, in a way satisfactory to the Sec-
retary, that the applicant has shown reasonable 
diligence in seeking the most favorable financ-
ing terms.
122
(3) AMOUNTS.—The total estimated amount of 
future obligations of the Government and contingent 
commitments to incur obligations covered by all out-
standing letters of intent and full funding grant 
agreements may be not more than the greater of the 
amount authorized to carry out this section or an 
amount equivalent to the last 2 fiscal years of fund-
ing authorized to carry out this section less an 
amount the Secretary reasonably estimates is nec-
essary for grants under this section not covered by 
a letter. The total amount covered by new letters 
and contingent commitments included in full funding 
grant agreements may be not more than a limitation 
specified in law. 
(h) GRANT REQUIREMENTS.—
(1) IN GENERAL.—A grant for a project under 
this section shall be subject to all of the require-
ments of title 23, United States Code, and chapter 
52 of title 49, United States Code. 
(2) OTHER TERMS AND CONDITIONS.—The Sec-
retary shall require that all grants under this section 
be subject to all terms, conditions, and requirements 
that the Secretary decides are necessary or appro-
priate for purposes of this section, including require-
ments for the disposition of net increases in value of
123
real property resulting from the project assisted 
under this section. 
(i) GOVERNMENT’S SHARE
OF PROJECT COST.—
Based on engineering studies, studies of economic feasi-
bility, and information on the expected use of equipment 
or facilities, the Secretary shall estimate the cost of a 
project receiving assistance under this section. A grant for 
the project is for 80 percent of the project cost, unless 
the grant recipient requests a lower grant percentage. A 
refund or reduction of the remainder may be made only 
if a refund of a proportional amount of the grant of the 
Government is made at the same time. 
(j) FISCAL CAPACITY CONSIDERATIONS.—If the Sec-
retary gives priority consideration to financing projects 
that include more than the non-Government share re-
quired under subsection (i) the Secretary shall give equal 
consideration to differences in the fiscal capacity of State 
and local governments. 
(k) REPORTS.—
(1) ANNUAL REPORT.—Not later than the first 
Monday in February of each year, the Secretary 
shall submit to the Committee on Transportation 
and Infrastructure of the House of Representatives 
and the Committee on Environment and Public 
Works of the Senate a report that includes a pro-
124
posal on the allocation of amounts to be made avail-
able to finance grants under this section. 
(2) RECOMMENDATIONS
ON
FUNDING.—The 
annual report under this paragraph shall include 
evaluations and ratings, as required under sub-
section (f). The report shall also include rec-
ommendations of projects for funding based on the 
evaluations and ratings and on existing commit-
ments and anticipated funding levels for the next 3 
fiscal years and for the next 10 fiscal years based 
on information currently available to the Secretary. 
(l) APPLICABILITY OF TITLE 23.—Funds made avail-
able to carry out this section shall be available for obliga-
tion in the same manner as if such funds were apportioned 
under chapter 1 of title 23, United States Code; except 
that such funds shall not be transferable and shall remain 
available until expended and the Federal share of the cost 
of a project under this section shall be as provided in this 
section. 
SEC. 1305. DEDICATED TRUCK LANES. 
[Reserved.] 
SEC. 1306. TRUCK PARKING FACILITIES. 
[Reserved.]
125
Subtitle D—Highway Safety 
SEC. 1401. HIGHWAY SAFETY IMPROVEMENT PROGRAM. 
(a) SAFETY IMPROVEMENT PROJECT DEFINED.—
Section 101(a)(30) of title 23, United States Code, is 
amended by inserting ‘‘installs fluorescent, yellow-green 
signs at pedestrian or bicycle crossings or school zones,’’ 
after ‘‘call boxes,’’. 
(b) OPERATION LIFESAVER.—Section 104(d)(1) of 
such title is amended—
(1) by striking ‘‘subsection (b)(3) of this sec-
tion’’ and inserting ‘‘section 130(f)’’; and 
(2) by striking ‘‘$500,000’’ and inserting 
‘‘$600,000’’.
(c) RAILWAY-HIGHWAY CROSSING HAZARD ELIMI-
NATION
IN HIGH SPEED RAIL CORRIDORS.—Section 
104(d)(2) of such title is amended—
(1) in subparagraph (A)—
(A) by striking ‘‘subsection (b)(3)’’ and in-
serting ‘‘section 130(f)’’; and 
(B) by striking ‘‘$5,250,000 of the funds 
made available for the surface transportation 
program for the fiscal year’’ and inserting 
‘‘from the funds made available for the surface 
transportation program $7,500,000 for fiscal 
year 2004, $10,000,000 for fiscal year 2005,
126
$12,500,000 for fiscal year 2006, $15,000,000 
for fiscal year 2007, $17,500,000 for fiscal year 
2008, and $20,000,000 for fiscal year 2009’’; 
and 
(2) in subparagraph (E)—
(A) by striking ‘‘Not less than $250,000 of 
such set-aside’’ and inserting ‘‘Of such set-
aside, not less than $875,000 for fiscal year 
2004, 
$1,500,000 
for 
fiscal 
year 
2005, 
$2,125,000 for fiscal year 2006, $2,750,000 for 
fiscal year 2007, $3,375,000 for fiscal year 
2008, and $4,000,000 for fiscal year 2009’’; 
and 
(B) by striking ‘‘per fiscal year’’. 
(d) RAILWAY-HIGHWAY CROSSINGS.—
(1) FUNDS
FOR
PROTECTIVE
DEVICES.—Sec-
tion 130(e) of such title is amended by striking ‘‘At 
least 1⁄2’’ and inserting ‘‘For each fiscal year, at 
least $150,000,000’’. 
(2) APPORTIONMENT.—Section 130(f) of such 
title is amended to read as follows: 
‘‘(f) APPORTIONMENT.—
‘‘(1) FORMULA.—Fifty percent of the funds au-
thorized to be appropriated to carry out this section 
shall be apportioned to the States in accordance with
127
the formula set forth in section 104(b)(3)(A), and 
50 percent of such funds shall be apportioned to the 
States in the ratio that total public railway-highway 
crossings in each State bears to the total of such 
crossings in all States. 
‘‘(2) 
MINIMUM
APPORTIONMENT.—Notwith-
standing paragraph (1), each State shall receive a 
minimum of 1⁄2 of 1 percent of the funds appor-
tioned under paragraph (1). 
‘‘(3) FEDERAL
SHARE.—The Federal share 
payable on account of any project financed with 
funds authorized to be appropriated to carry out this 
section shall be 90 percent of the cost thereof.’’. 
(3) BIENNIAL
REPORT
TO
CONGRESS.—The 
third sentence of section 130(g) of such title is 
amended by striking ‘‘not later than April 1 of each 
year,’’ and inserting ‘‘, not later than April 1, 2005, 
and every 2 years thereafter,’’. 
(4) EXPENDITURE OF FUNDS.—Section 130 of 
such title is further amended by adding at the end 
the following: 
‘‘(k) EXPENDITURE OF FUNDS.—Not more than 2 
percent of funds apportioned to a State to carry out this 
section may be used by the State for compilation and anal-
128
ysis of data in support of activities carried out under sub-
section (g).’’. 
(e) SURFACE TRANSPORTATION PROGRAM.—
(1) IN GENERAL.—Section 133(d) of such title 
is amended—
(A) by striking paragraph (1); and 
(B) 
by 
redesignating 
paragraphs 
(2) 
through (5) as paragraphs (1) through (4), re-
spectively; and 
(C) in paragraph (2) (as so redesig-
nated)—
(i) in subparagraph (A) by striking 
‘‘80 percent’’ and inserting ‘‘90 percent’’; 
(ii) in subparagraph (B) by striking 
‘‘tobe’’ and inserting ‘‘to be’’; and 
(iii) in subparagraph (D) by adding a 
period at the end. 
(2) CONFORMING AMENDMENTS.—
(A) SECTION
133.—Section 133(e) is 
amended by striking ‘‘(d)(2)’’ and inserting 
‘‘(d)(1)’’ in each of paragraphs (3)(B)(i), 
(5)(A), and (5)(B). 
(B) SECTION 126.—Section 126(b) of such 
title is amended—
129
(i) by striking ‘‘to the last sentence of 
section 133(d)(1) or’’; 
(ii) by striking ‘‘section 133(d)(3)’’ 
and inserting ‘‘section 133(d)(2)’’; and 
(iii) by striking ‘‘or 133(d)(2)’’. 
(f) HAZARD ELIMINATION PROGRAM.—
(1) PURPOSES.—Section 152(a)(1) of such title 
is amended—
(A) by striking ‘‘and’’ after ‘‘bicyclists,’’; 
and 
(B) by inserting after ‘‘pedestrians,’’ the 
following: ‘‘and the disabled, identify roadway 
safety improvement needs for such locations, 
sections, and elements,’’. 
(2) HAZARDS.—Section 152(a)(2)(A) of such 
title is amended by inserting ‘‘the disabled,’’ after 
‘‘pedestrians,’’. 
(3) APPROVAL OF PROJECTS.—Section 152(b) 
of such title is amended by inserting before the pe-
riod at the end the following: ‘‘that reduces the like-
lihood of crashes involving road departures, intersec-
tions, pedestrians, the disabled, bicyclists, older driv-
ers, or construction work zones’’. 
(4) EXPENDITURE OF FUNDS.—Section 152(c) 
of such title is amended—
130
(A) in paragraph (2) by striking ‘‘or’’ at 
the end; 
(B) in paragraph (3) by striking the period 
at the end and inserting a semicolon; and 
(C) by adding at the end the following: 
‘‘(4) police assistance for traffic and speed 
management in construction work zones; 
‘‘(5) installation of barriers between construc-
tion work zones and traffic lanes for the safety of 
motorists and workers; and 
‘‘(6) compilation and analysis of data under 
subsections (f) and (g) if the funds used for this 
purpose by a State do not exceed 2 percent of the 
amount apportioned to such State to carry out this 
section.’’. 
(5) APPORTIONMENT.—Section 152(d) of such 
title is amended to read as follows: 
‘‘(d) APPORTIONMENT.—
‘‘(1) FORMULA.—Funds authorized to be ap-
propriated to carry out this section shall be appor-
tioned to the States in accordance with the formula 
set forth in section 104(b)(3)(A). 
‘‘(2) 
MINIMUM
APPORTIONMENT.—Notwith-
standing paragraph (1), each State shall receive a
131
minimum of 1⁄2 of 1 percent of the funds appor-
tioned under paragraph (1). 
‘‘(3) FEDERAL
SHARE.—The Federal share 
payable on account of any project financed with 
funds authorized to be appropriated to carry out this 
section shall be 90 percent of the cost thereof.’’. 
(6) BIENNIAL REPORT TO CONGRESS.—
(A) IN
GENERAL.—Section 152 of such 
title is amended by adding at the end the fol-
lowing: 
‘‘(i) BIENNIAL REPORT TO CONGRESS.—Not later 
than 2 years after the date of enactment of this sub-
section, and every 2 years thereafter, the Secretary shall 
transmit to the Committee on Transportation and Infra-
structure of the House of Representatives and the Com-
mittee on Environment and Public Works of the Senate 
a report on the results of the program under this section. 
The report shall include, at a minimum, the following: 
‘‘(1) A summary of State projects completed 
under this section categorized by the types of haz-
ards and a statement of the cost of such projects. 
‘‘(2) An analysis of the effectiveness of such 
categories of projects in reducing the number and 
severity of crashes at high hazard locations.
132
‘‘(3) An assessment of the adequacy of author-
ized funding for the program and State use of such 
funding to address the national need for such 
projects. 
‘‘(4) Recommendations for funding and pro-
gram improvements to reduce the number of high 
hazard locations. 
‘‘(5) An analysis and evaluation of each State 
program, an identification of any State found not to 
be in compliance with the schedule of improvements 
required by subsection (a), and recommendations for 
future implementation of the hazard elimination pro-
gram.’’. 
(B) CONFORMING
AMENDMENT.—Section 
152(g) of such title is amended by striking the 
third sentence through the last sentence. 
SEC. 1402. WORKER INJURY PREVENTION AND FREE FLOW 
OF VEHICULAR TRAFFIC. 
Not later than 1 year after the date of enactment 
of this Act, the Secretary shall issue regulations to de-
crease the likelihood of worker injury and maintain the 
free flow of vehicular traffic by requiring workers whose 
duties place them on or in close proximity to a Federal-
aid highway (as defined in section 101 of title 23, United 
States Code) to wear high visibility garments. Such regu-
133
lations may also require such other worker-safety meas-
ures for workers with those duties as the Secretary deter-
mines appropriate. 
SEC. 1403. HIGH RISK RURAL ROAD SAFETY IMPROVEMENT 
PROGRAM. 
(a) ESTABLISHMENT.—The Secretary shall establish 
and implement a high risk rural road safety improvement 
program in accordance with this section. 
(b) ELIGIBLE PROJECTS.—
(1) IN GENERAL.—Except as provided in para-
graph (2), a State may obligate funds apportioned 
to it under this section only for construction and 
operational improvement projects on high risk rural 
roads and only if the primary purpose of the project 
is to improve highway safety on a high risk rural 
road. 
(2) SPECIAL RULE.—A State may use funds 
apportioned to it under this section for any project 
approved by the Secretary under section 152 of title 
23, United States Code, if the State certifies to the 
Secretary that it has no projects described in para-
graph (1). 
(c) STATE ALLOCATION SYSTEM.—Each State shall 
establish a system for allocating funds apportioned to it 
under this section among projects eligible for assistance
135
(A) the total vehicle miles traveled on pub-
lic roads in each State; bears to 
(B) the total number of vehicle miles trav-
eled on public roads in all States. 
(e) APPLICABILITY
OF TITLE 23.—Funds made 
available to carry out this section shall be available for 
obligation in the same manner as if such funds were ap-
portioned under chapter 1 of title 23, United States Code; 
except that such funds shall not be transferable and shall 
remain available until expended and the Federal share of 
the cost of a project under this section shall be 80 percent. 
Notwithstanding any other provision of law, projects as-
sisted under this section shall be treated as projects on 
a Federal-aid system under such chapter. 
(f) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) HIGH RISK RURAL ROAD.—The term ‘‘high 
risk rural road’’ means any roadway functionally 
classified as a rural major or minor collector or a 
rural local road—
(A) on which the accident rate for fatali-
ties and incapacitating injuries exceeds the 
statewide average for these functional classes of 
roadway; or
136
(B) which will likely have increases in traf-
fic volume that are likely to create an accident 
rate for fatalities and incapacitating injuries 
that exceeds the statewide average for these 
functional classes of roadway. 
(2) STATE AND URBANIZED AREA.—The terms 
‘‘State’’ and ‘‘urbanized area’’ have the meaning 
such terms have under section 101(a) of title 23, 
United States Code.
SEC. 1404. TRANSFERS OF APPORTIONMENTS TO SAFETY 
PROGRAMS. 
(a) USE OF SAFETY BELTS AND MOTORCYCLE HEL-
METS.—Section 153(h) of title 23, United States Code, 
is amended—
(1) in paragraph (2)—
(A) in the paragraph heading by striking 
‘‘THEREAFTER.—’’ 
and 
inserting 
‘‘FISCAL 
YEARS 1995–2003.—’’; and 
(B) by inserting ‘‘and ending before Octo-
ber 1, 2003,’’ after ‘‘September 30, 1994,’’; 
(2) by redesignating paragraphs (3) through 
(5) as paragraphs (4) through (6), respectively; 
(3) by inserting after paragraph (2) the fol-
lowing:
137
‘‘(3) FISCAL YEAR 2004 AND THEREAFTER.—On 
October 1, 2003, and each October 1 thereafter, if 
a State does not have in effect a law described in 
subsection (a)(2), the Secretary shall transfer from 
the funds apportioned to the State on that date 
under each of subsections (b)(1), (b)(2), and (b)(3) 
of section 104 to the apportionment of the State 
under section 402 an amount equal to 3 percent of 
the funds apportioned to the State under such sub-
sections for fiscal year 2003.’’; and 
(4) in paragraph (5) (as so redesignated)—
(A) by striking ‘‘which is determined by 
multiplying’’ and inserting ‘‘which, for fiscal 
year 2004 and each fiscal year thereafter, is de-
termined by multiplying’’; and 
(B) in subparagraph (B) by striking ‘‘such 
fiscal year’’ each place it appears and inserting 
‘‘fiscal year 2003’’. 
(b) OPEN
CONTAINER
REQUIREMENTS.—Section 
154(c) of title 23, United States Code, is amended—
(1) in paragraph (2)—
(A) in the paragraph heading by striking 
‘‘AND FISCAL YEARS THEREAFTER’’; and 
(B) by striking ‘‘and each October 1 there-
after,’’;
138
(2) by redesignating paragraphs (3) through 
(7) as paragraphs (4) through (8), respectively; 
(3) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) FISCAL YEAR 2004 AND THEREAFTER.—On 
October 1, 2003, and each October 1 thereafter, if 
a State has not enacted or is not enforcing an open 
container law described in subsection (b), the Sec-
retary shall transfer from the funds apportioned to 
the State on that date under each of paragraphs (1), 
(3), and (4) of section 104(b) an amount equal to 
3 percent of the funds apportioned to the State 
under such paragraphs for fiscal year 2003 to be 
used or directed as described in subparagraph (A) or 
(B) of paragraph (1).’’; 
(4) in paragraph (5) (as so redesignated) by 
striking ‘‘paragraph (3)’’ and inserting ‘‘paragraph 
(4)’’; 
(5) in paragraphs (4), (5), and (6) (as so redes-
ignated) by striking ‘‘paragraph (1) or (2)’’ and in-
serting ‘‘paragraph (1), (2), or (3)’’; and 
(6) in paragraph (7)(B) (as so redesignated)—
(A) by striking ‘‘The amount’’ and insert-
ing ‘‘For fiscal year 2004 and each fiscal year 
thereafter, the amount’’; and
139
(B) in subclauses (I) and (II) of clause (ii) 
by striking ‘‘the fiscal year’’ and inserting ‘‘fis-
cal year 2003’’. 
(c) MINIMUM PENALTIES FOR CERTAIN REPEAT OF-
FENDERS.—Section 164(b) of title 23, United States 
Code, is amended—
(1) in paragraph (2)—
(A) in the paragraph heading by striking 
‘‘AND FISCAL YEARS THEREAFTER’’; and 
(B) by striking ‘‘and each October 1 there-
after,’’; 
(2) by redesignating paragraphs (3) through 
(7) as paragraphs (4) through (8), respectively; 
(3) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) FISCAL YEAR 2004 AND THEREAFTER.—On 
October 1, 2003, and each October 1 thereafter, if 
a State has not enacted or is not enforcing a repeat 
intoxicated driver law, the Secretary shall transfer 
from the funds apportioned to the State on that date 
under each of paragraphs (1), (3), and (4) of section 
104(b) an amount equal to 3 percent of the funds 
apportioned to the State under such paragraphs for 
fiscal year 2003 to be used or directed as described 
in subparagraph (A) or (B) of paragraph (1).’’;
140
(4) in paragraph (5) (as so redesignated) by 
striking ‘‘paragraph (3)’’ and inserting ‘‘paragraph 
(4)’’; 
(5) in paragraphs (4), (5), and (6) (as so redes-
ignated) by striking ‘‘paragraph (1) or (2)’’ and in-
serting ‘‘paragraph (1), (2), or (3)’’; and 
(6) in paragraph (7)(B) (as so redesignated)—
(A) by striking ‘‘The amount’’ and insert-
ing ‘‘For fiscal year 2004 and each fiscal year 
thereafter, the amount’’; and 
(B) in subclauses (I) and (II) of clause (ii) 
by striking ‘‘the fiscal year’’ and inserting ‘‘fis-
cal year 2003’’. 
SEC. 1405. SAFETY INCENTIVES TO PREVENT OPERATION 
OF MOTOR VEHICLES BY INTOXICATED PER-
SONS. 
(a) CODIFICATION
OF PENALTY.—Section 163 of 
title 23, United States Code, is amended—
(1) by redesignating subsection (e) as sub-
section (f); and 
(2) by inserting after subsection (d) the fol-
lowing: 
‘‘(e) PENALTY.—
‘‘(1) IN GENERAL.—On October 1, 2003, and 
October 1 of each fiscal year thereafter, if a State
141
has not enacted or is not enforcing a law described 
in subsection (a), the Secretary shall withhold from 
amounts apportioned to the State on that date 
under each of paragraphs (1), (3), and (4) of section 
104(b) an amount equal to the amount specified in 
paragraph (2). 
‘‘(2) AMOUNT TO BE WITHHELD.—If a State is 
subject to a penalty under paragraph (1), the Sec-
retary shall withhold for a fiscal year from the ap-
portionments of the State described in paragraph 
(1) an amount equal to a percentage of the funds 
apportioned to the State under paragraphs (1), (3), 
and (4) of section 104(b) for fiscal year 2003. The 
percentage shall be as follows: 
‘‘(A) For fiscal year 2004, 2 percent. 
‘‘(B) For fiscal year 2005, 4 percent. 
‘‘(C) For fiscal year 2006, 6 percent. 
‘‘(D) For fiscal year 2007, and each fiscal 
year thereafter, 8 percent. 
‘‘(3) FAILURE TO COMPLY.—If, within 4 years 
from the date that an apportionment for a State is 
withheld in accordance with this subsection, the Sec-
retary determines that the State has enacted and is 
enforcing a law described in subsection (a), the ap-
portionment of the State shall be increased by an
142
amount equal to the amount withheld. If, at the end 
of such 4-year period, any State has not enacted or 
is not enforcing a law described in subsection (a) 
any amounts so withheld from such State shall 
lapse.’’. 
(b) REPEAL.—Section 351 of the Department of 
Transportation and Related Agencies Appropriations Act, 
2001 (114 Stat. 1356A–34) is repealed.
Subtitle E—Construction and 
Contract Efficiencies 
SEC. 1501. DESIGN-BUILD. 
[Reserved.] 
SEC. 1502. WARRANTY HIGHWAYS. 
[Reserved.] 
SEC. 1503. PUBLIC-PRIVATE VENTURE. 
[Reserved.]
SEC. 1504. HIGHWAYS FOR LIFE PILOT PROGRAM. 
(a) ESTABLISHMENT.—
(1) IN GENERAL.—The Secretary shall establish 
and implement a pilot program to be known as the 
‘‘Highways for LIFE pilot program’’. 
(2) PURPOSE.—The purpose of the pilot pro-
gram shall be to advance longer-lasting highways 
using innovative technologies and practices to ac-
143
complish the fast construction of efficient and safe 
highways and bridges. 
(3) OBJECTIVES.—Under the pilot program, 
the Secretary shall provide leadership and incentives 
to demonstrate and promote state-of-the-art tech-
nologies, elevated performance standards, and new 
business practices in the highway construction proc-
ess that result in improved safety, faster construc-
tion, reduced congestion from construction, and im-
proved quality and user satisfaction. 
(b) PROJECTS.—
(1) APPLICATIONS.—To be eligible to partici-
pate in the pilot program, a State shall submit to 
the Secretary an application that is in such form 
and contains such information as the Secretary re-
quires. Each application shall contain a description 
of proposed projects to be carried by the State under 
the pilot program. 
(2) ELIGIBILITY.—A proposed project shall be 
eligible for assistance under the pilot program if the 
project—
(A) constructs, reconstructs, or rehabili-
tates a route or connection on a Federal-aid 
highway eligible for assistance under chapter 1 
of title 23, United States Code;
144
(B) uses innovative technologies, manufac-
turing processes, financing, or contracting 
methods that improve safety, reduce congestion 
due to construction, and improve quality; and 
(C) meets additional criteria as determined 
by the Secretary. 
(3) PROJECT
PROPOSAL.—A project proposal 
submitted under paragraph (1) shall contain—
(A) an identification and description of the 
projects to be delivered; 
(B) a description of how the projects will 
result in improved safety, faster construction, 
reduced congestion due to construction, user 
satisfaction, and improved quality; 
(C) a description of the innovative tech-
nologies, manufacturing processes, financing, 
and contracting methods that will be used for 
the proposed projects; and 
(D) such other information as the Sec-
retary may require. 
(4) 
SELECTION
CRITERIA.—In 
selecting 
projects for approval under this section, the Sec-
retary shall ensure that the projects provide an eval-
uation of a broad range of technologies in a wide va-
145
riety of project types and shall give priority to the 
projects that—
(A) address achieving the Highways for 
LIFE performance standards for quality, safe-
ty, and speed of construction; 
(B) deliver and deploy innovative tech-
nologies, manufacturing processes, financing, 
contracting practices, and performance meas-
ures that will demonstrate substantial improve-
ments in safety, congestion, quality, and cost-
effectiveness; 
(C) include innovation that will lead to 
change in the administration of the State’s 
transportation program to more quickly con-
struct long-lasting, high-quality, cost-effective 
projects that improve safety and reduce conges-
tion; 
(D) are or will be ready for construction 
within 12 months of approval of the project 
proposal; and 
(E) meet such other criteria as the Sec-
retary determines appropriate. 
(5) FINANCIAL ASSISTANCE.—
(A) FUNDS
FOR
HIGHWAYS
FOR
LIFE 
PROJECTS.—Out of amounts made available to
146
carry out this section for a fiscal year, the Sec-
retary may allocate to a State up to 20 percent, 
but not more than $15,000,000, of the total 
cost of a project approved under this section. 
Notwithstanding any other provision of law, 
funds allocated to a State under this subpara-
graph may be applied to the non-Federal share 
of the cost of construction of a project under 
title 23, United States Code. 
(B) USE
OF
APPORTIONED
FUNDS.—A 
State may obligate not more than 10 percent of 
the amount apportioned to the State under 1 or 
more of paragraphs (1), (2), (3), and (4) of sec-
tion 104(b) of title 23, United States Code, for 
a fiscal year for projects approved under this 
section. 
(C) INCREASED
FEDERAL
SHARE.—Not-
withstanding sections 120 and 129 of title 23, 
United States Code, the Federal share payable 
on account of any project constructed with Fed-
eral funds allocated under this section, or ap-
portioned under section 104(b) of such title, to 
a State under such title and approved under 
this section may amount to 100 percent of the 
cost of construction of such project.
147
(D) LIMITATION
ON
STATUTORY
CON-
STRUCTION.—Except as provided in subpara-
graph (C), nothing in this subsection shall be 
construed as altering or otherwise affecting the 
applicability of the requirements of chapter 1 of 
title 23, United States Code (including require-
ments relating to the eligibility of a project for 
assistance under the program and the location 
of the project), to amounts apportioned to a 
State for a program under section 104(b) that 
are obligated by the State for projects approved 
under this subsection. 
(6) PROJECT
SELECTIONS.—In the period of 
fiscal years 2004 through 2009, the Secretary shall 
approve at least one project in each State for par-
ticipation in the pilot program and for financial as-
sistance under paragraph (5) if the State submits an 
application and the project meets the eligibility re-
quirements and selection criteria under this sub-
section. 
(c) TECHNOLOGY PARTNERSHIPS.—
(1) IN
GENERAL.—The Secretary may make 
grants or enter into cooperative agreements or other 
transactions to foster the development, improvement, 
and creation of innovative technologies and facilities
148
to improve safety, enhance the speed of highway 
construction, and improve the quality and durability 
of highways. 
(2) FEDERAL SHARE.—The Federal share of 
the cost of an activity carried out under this sub-
section shall not exceed 80 percent. 
(d) TECHNOLOGY TRANSFER
AND INFORMATION 
DISSEMINATION.—
(1) IN GENERAL.—The Secretary shall conduct 
a Highways for LIFE technology transfer program. 
(2) AVAILABILITY OF INFORMATION.—The Sec-
retary shall ensure that the information and tech-
nology used, developed, or deployed under this sub-
section is made available to the transportation com-
munity and the public. 
(e) STAKEHOLDER INPUT AND INVOLVEMENT.—The 
Secretary shall establish a process for stakeholder input 
and involvement in the development, implementation, and 
evaluation of the Highways for LIFE pilot program. The 
process may include participation by representatives of 
State departments of transportation and other interested 
persons. 
(f) PROJECT MONITORING AND EVALUATION.—The 
Secretary shall monitor and evaluate the effectiveness of 
any activity carried out under this section.
149
(g) CONTRACT AUTHORITY.—Funds authorized to be 
appropriated to carry out this section shall be available 
for obligation in the same manner as if the funds were 
apportioned under chapter 1 of title 23, United States 
Code. 
(h) STATE DEFINED.—In this section, the term 
‘‘State’’ has the meaning such term has under section 
101(a) of title 23, United States Code. 
SEC. 1505. UNIT BID PRICING. 
[Reserved.]
Subtitle F—Finance 
SEC. 1601. TRANSPORTATION INFRASTRUCTURE FINANCE 
AND INNOVATION ACT. 
(a) DEFINITIONS.—Section 181 of title 23, United 
States Code, is amended—
(1) in paragraph (3)—
(A) by striking ‘‘category’’; and 
(B) by striking ‘‘offered into the capital 
markets’’; 
(2) by striking paragraph (7); 
(3) by redesignating paragraphs (8) through 
(15) as paragraphs (7) through (14), respectively; 
and 
(4) in paragraph (10) (as so redesignated) by 
striking ‘‘bond’’ and inserting ‘‘credit’’.
150
(b) 
DETERMINATION
OF
ELIGIBILITY.—Section 
182(a) of such title is amended—
(1) by striking paragraphs (1) and (2) and in-
serting the following: 
‘‘(1) INCLUSION
IN
TRANSPORTATION
PLANS 
AND PROGRAMS.—The project shall satisfy the appli-
cable planning and programming requirements of 
sections 134 and 135 at such time as an agreement 
to make available a Federal credit instrument is en-
tered into under this subchapter. 
‘‘(2) APPLICATION.—A State, a local govern-
ment, public authority, public-private partnership, or 
any other legal entity undertaking the project and 
authorized by the Secretary, shall submit a project 
application to the Secretary.’’; 
(2) 
in 
paragraph 
(3)(A)(i) 
by 
striking 
‘‘$100,000,000’’ and inserting ‘‘$50,000,000’’; 
(3) 
in 
paragraph 
(3)(B) 
by 
striking 
‘‘$30,000,000’’ and inseting ‘‘$15,000,000’’; and 
(4) in paragraph (4)—
(A) by striking ‘‘Project financing’’ and in-
serting ‘‘The Federal credit instrument’’; and 
(B) by inserting before the period at the 
end ‘‘that also secure the project obligations’’.
151
(c) PROJECT SELECTION.—Section 182(b) of such 
title is amended—
(1) in paragraph (1) by striking ‘‘criteria’’ the 
second place it appears and inserting ‘‘require-
ments’’; and 
(2) in paragraph (2)(B) by inserting ‘‘, which 
may be the Federal credit instrument,’’ after ‘‘obli-
gations’’. 
(d) SECURED LOANS.—
(1) AGREEMENTS.—Section 183(a)(1) of such 
title is amended—
(A) in each of subparagraphs (A) and (B) 
by inserting ‘‘of any project selected under sec-
tion 602’’ after ‘‘costs’’; and 
(B) by striking the semicolon at the end of 
subparagraph (B) and all that follows through 
‘‘under section 602’’. 
(2) 
INVESTMENT-GRADE
RATING
REQUIRE-
MENT.—Section 183(a)(4) of such title is amend-
ed—
(A) by striking ‘‘The funding’’ and insert-
ing ‘‘The execution’’; and 
(B) by striking the first comma and all 
that follows through ‘‘1 rating agency’’.
152
(3) TERMS AND LIMITATIONS.—Section 183(b) 
of such title is amended—
(A) in paragraph (2) by inserting ‘‘the 
lesser of’’ after ‘‘exceed’’; 
(B) in paragraph (2) by inserting ‘‘or the 
amount of the senior project obligations’’ after 
‘‘costs’’; 
(C) in paragraph (3)(A)(i) by inserting 
‘‘that also secure the senior project obligations’’ 
after ‘‘sources’’; and 
(D) in paragraph (4) by striking ‘‘market-
able’’. 
(4) REPAYMENT.—Section 183(c) is amended—
(A) by striking paragraph (3); and 
(B) by redesignating paragraphs (4) and 
(5) as paragraphs (3) and (4), respectively. 
(e) LINES OF CREDIT.—
(1) TERMS AND LIMITATIONS.—Section 184(b) 
of such title is amended—
(A) in paragraph (3)—
(i) by striking the first comma; and 
(ii) by striking ‘‘any debt service re-
serve fund, and any other available re-
serve’’ and inserting ‘‘but not including 
reasonably required financing reserves’’;
153
(B) in paragraph (4)—
(i) by striking ‘‘marketable’’; 
(ii) by striking ‘‘on which’’ and insert-
ing ‘‘of execution of’’; 
(iii) by striking ‘‘is obligated’’ and in-
serting ‘‘agreement’’; and 
(C) in paragraph (5)(A)(i) by inserting 
‘‘that also secure the senior project obligations’’ 
after ‘‘sources’’; and 
(2) REPAYMENT.—Section 184(c) of such title 
is amended—
(A) in paragraph (2)—
(i) by striking ‘‘scheduled’’; 
(ii) by inserting ‘‘be scheduled to’’ 
after ‘‘shall’’; 
(iii) by striking ‘‘be fully repaid, with 
interest,’’ and inserting ‘‘conclude, with 
full repayment of principal and interest,’’; 
and 
(B) by striking paragraph (3). 
(f) PROGRAM ADMINISTRATION.—Section 185 of 
such title is amended to read as follows:
154
‘‘§ 185. Program administration 
‘‘(a) REQUIREMENT.—The Secretary shall establish 
a uniform system to service the Federal credit instrument 
made available under this chapter. 
‘‘(b) FEES.—The Secretary may establish fees at a 
level to cover all or a portion of the costs to the Federal 
Government of servicing the Federal credit instrument. 
‘‘(c) SERVICER.—The Secretary may identify a finan-
cial entity to assist the Secretary in servicing a Federal 
credit instrument. The servicer—
‘‘(1) shall act as the agent for the Secretary; 
and 
‘‘(2) shall receive a servicing fee, subject to ap-
proval by the Secretary. 
‘‘(d) ASSISTANCE FROM EXPERT FIRMS.—The Sec-
retary may retain the services of one or more expert firms, 
including counsel, in the field of municipal and project fi-
nance to assist in the underwriting and servicing of Fed-
eral credit instruments.’’. 
(g) FUNDING.—Section 188 of such title is amended 
to read as follows: 
‘‘§ 188. Funding 
‘‘(a) FUNDING.—
‘‘(1) IN GENERAL.—There are authorized to be 
appropriated from the Highway Trust Fund (other 
than the Mass Transit Account) $150,000,000 for
155
each of fiscal years 2004 through 2009 to carry out 
this chapter. 
‘‘(2) ADMINISTRATIVE
COSTS.—From funds 
made available under paragraph (1), the Secretary 
may use, for the administration of this subchapter, 
not more than $3,000,000 for each of fiscal years 
2004 through 2009. 
‘‘(3) AVAILABILITY.—Amounts made available 
under paragraph (1) shall remain available until ex-
pended. 
‘‘(b) CONTRACT AUTHORITY.—
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, approval by the Secretary of a Fed-
eral credit instrument that uses funds made avail-
able under this chapter shall be deemed to be ac-
ceptance by the United States of a contractual obli-
gation to fund the Federal credit instrument. 
‘‘(2) 
AVAILABILITY.—Amounts 
authorized 
under this section for a fiscal year shall be available 
for obligation on October 1 of the fiscal year. 
‘‘(c) LIMITATIONS ON CREDIT AMOUNTS.—For each 
of fiscal years 2004 through 2009, principal amounts of 
Federal credit instruments made available under this 
chapter shall be limited to $2,600,000,000.’’.
156
SEC. 1602. STATE INFRASTRUCTURE BANKS. 
(a) IN GENERAL.—Section 189 of title 23, United 
States Code, is amended to read as follows: 
‘‘§ 189. State infrastructure bank program 
‘‘(a) DEFINITIONS.—In this section, the following 
definitions apply: 
‘‘(1) CAPITAL
PROJECT.—The term ‘capital 
project’ has the meaning such term has under sec-
tion 5302 of title 49, United States Code. 
‘‘(2) OTHER FORMS OF CREDIT ASSISTANCE.—
The term ‘other forms of credit assistance’ includes 
any use of funds in an infrastructure bank—
‘‘(A) to provide credit enhancements; 
‘‘(B) to serve as a capital reserve for bond 
or debt instrument financing; 
‘‘(C) to subsidize interest rates; 
‘‘(D) to insure or guarantee letters of cred-
it and credit instruments against credit risk of 
loss; 
‘‘(E) to finance purchase and lease agree-
ments with respect to transit projects; 
‘‘(F) to provide bond or debt financing in-
strument security; and 
‘‘(G) to provide other forms of debt financ-
ing and methods of leveraging funds that are 
approved by the Secretary and that relate to
157
the project with respect to which such assist-
ance is being provided. 
‘‘(3) STATE.—The term ‘State’ has the mean-
ing such term has under section 401 of this title. 
‘‘(4) CAPITALIZATION.—The term ‘‘capitaliza-
tion’’ means the process used for depositing funds as 
initial capital into a State infrastructure bank to es-
tablish the infrastructure bank. 
‘‘(5) COOPERATIVE
AGREEMENT.—The term 
‘cooperative agreement’ means written consent be-
tween a State and the Secretary which sets forth the 
manner in which the infrastructure bank established 
by the State in accordance with this section will be 
administered. 
‘‘(6) LOAN.—The term ‘loan’ means any form 
of direct financial assistance from a State infra-
structure bank that is required to be repaid over a 
period of time and that is provided to a project 
sponsor for all or part of the costs of the project. 
‘‘(7) 
GUARANTEE.—The 
term 
‘guarantee’ 
means a contract entered into by a State infrastruc-
ture bank in which the bank agrees to take responsi-
bility for all or a portion of a project sponsor’s fi-
nancial obligations for a project under specified con-
ditions.
158
‘‘(8) INITIAL
ASSISTANCE.—The term ‘initial 
assistance’ means the first round of funds that are 
loaned or used for credit enhancement by a State in-
frastructure bank for projects eligible for assistance 
under this section. 
‘‘(9) LEVERAGE.—The term ‘leverage’ means a 
financial structure used to increase funds in a State 
infrastructure bank through the issuance of debt in-
struments. 
‘‘(10) LEVERAGED.— The term ‘leveraged’, as 
used with respect to a State infrastructure bank, 
means that the bank has total potential liabilities 
that exceed the capital of the bank. 
‘‘(b) COOPERATIVE AGREEMENTS.—Subject to the 
provisions of this section, the Secretary may enter into co-
operative agreements with States for the establishment of 
State infrastructure banks for making loans and providing 
other forms of credit assistance to public and private enti-
ties carrying out or proposing to carry out projects eligible 
for assistance under this section. 
‘‘(c) INTERSTATE COMPACTS.—Congress grants con-
sent to 2 or more of the States, entering into a cooperative 
agreement under subsection (a) with the Secretary for the 
establishment by such States of a multi-State infrastruc-
ture bank in accordance with this section, to enter into
159
an interstate compact establishing such bank in accord-
ance with this section. 
‘‘(d) FUNDING.—
‘‘(1) HIGHWAY
ACCOUNT.—Subject to sub-
section (j), the Secretary may permit a State enter-
ing into a cooperative agreement under this section 
to establish a State infrastructure bank to deposit 
into the highway account of the bank not to ex-
ceed—
‘‘(A) 10 percent of the funds apportioned 
to the State for each of fiscal years 2004 
through 2009 under each of sections 104(b)(1), 
104(b)(3), 104(b)(4), and 144; and 
‘‘(B) 10 percent of the funds allocated to 
the State for each of such fiscal years under 
section 105. 
‘‘(2) TRANSIT ACCOUNT.—Subject to subsection 
(j), the Secretary may permit a State entering into 
a cooperative agreement under this section to estab-
lish a State infrastructure bank, and any other re-
cipient of Federal assistance under section 5307, 
5309, or 5311 of title 49, to deposit into the transit 
account of the bank not to exceed 10 percent of the 
funds made available to the State or other recipient
160
in each of fiscal years 2004 through 2009 for capital 
projects under each of such sections. 
‘‘(3) RAIL ACCOUNT.—Subject to subsection (j), 
the Secretary may permit a State entering into a co-
operative agreement under this section to establish 
a State infrastructure bank, and any other recipient 
of Federal assistance under subtitle V of title 49, to 
deposit into the rail account of the bank funds made 
available to the State or other recipient in each of 
fiscal years 2004 through 2009 for capital projects 
under such subtitle. 
‘‘(4) CAPITAL GRANTS.—
‘‘(A) HIGHWAY ACCOUNT.—Federal funds 
deposited into a highway account of a State in-
frastructure bank under paragraph (1) shall 
constitute for purposes of this section a capital-
ization grant for the highway account of the 
bank. 
‘‘(B) TRANSIT
ACCOUNT.—Federal funds 
deposited into a transit account of a State in-
frastructure bank under paragraph (2) shall 
constitute for purposes of this section a capital-
ization grant for the transit account of the 
bank.
161
‘‘(C) RAIL ACCOUNT.—Federal funds de-
posited into a rail account of a State infrastruc-
ture bank under paragraph 3 shall constitute 
for purposes of this section a capitalization 
grant for the rail account of the bank. 
‘‘(5) SPECIAL RULE FOR URBANIZED AREAS OF 
OVER 200,000.—Funds in a State infrastructure 
bank that are attributed to urbanized areas of a 
State with urbanized populations of over 200,000 
under section 133(d)(3) may be used to provide as-
sistance with respect to a project only if the metro-
politan planning organization designated for such 
area concurs, in writing, with the provision of such 
assistance. 
‘‘(6) DISCONTINUANCE
OF
FUNDING.—If the 
Secretary determines that a State is not imple-
menting the State’s infrastructure bank in accord-
ance with a cooperative agreement entered into 
under subsection (b), the Secretary may prohibit the 
State from contributing additional Federal funds to 
the bank. 
‘‘(e) FORMS OF ASSISTANCE FROM INFRASTRUCTURE 
BANKS.—An infrastructure bank established under this 
section may make loans or provide other forms of credit 
assistance to a public or private entity in an amount equal
162
to all or a part of the cost of carrying out a project eligible 
for assistance under this section. The amount of any loan 
or other form of credit assistance provided for the project 
may be subordinated to any other debt financing for the 
project. Initial assistance provided with respect to a 
project from Federal funds deposited into an infrastruc-
ture bank under this section may not be made in the form 
of a grant. 
‘‘(f) ELIGIBLE PROJECTS.—Subject to subsection (e), 
funds in an infrastructure bank established under this sec-
tion may be used only to provide assistance for projects 
eligible for assistance under this title and capital projects 
defined in section 5302 of title 49, and any other projects 
related to surface transportation that the Secretary deter-
mines to be appropriate. 
‘‘(g) INFRASTRUCTURE BANK REQUIREMENTS.—In 
order to establish an infrastructure bank under this sec-
tion, the State establishing the bank shall—
‘‘(1) deposit in cash, at a minimum, into each 
account of the bank from non-Federal sources an 
amount equal to 25 percent of the amount of each 
capitalization grant made to the State and deposited 
into such account; except that, if the deposit is into 
the highway account of the bank and the State has 
a non-Federal share under section 120(b) that is
163
less than 25 percent, the percentage to be deposited 
from non-Federal sources shall be the lower percent-
age of such grant; 
‘‘(2) ensure that the bank maintains on a con-
tinuing basis an investment grade rating on its debt, 
or has a sufficient level of bond or debt financing in-
strument insurance, to maintain the viability of the 
bank; 
‘‘(3) ensure that investment income derived 
from funds deposited to an account of the bank 
are—
‘‘(A) credited to the account; 
‘‘(B) available for use in providing loans 
and other forms of credit assistance to projects 
eligible for assistance from the account; and 
‘‘(C) invested in United States Treasury 
securities, bank deposits, or such other financ-
ing instruments as the Secretary may approve 
to earn interest to enhance the leveraging of 
projects assisted by the bank; 
‘‘(4) ensure that any loan from the bank will 
bear interest at or below market interest rates, as 
determined by the State, to make the project that is 
the subject of the loan feasible;
164
‘‘(5) ensure that repayment of any loan from 
the bank will commence not later than 5 years after 
the project has been completed or, in the case of a 
highway project, the facility has opened to traffic, 
whichever is later; 
‘‘(6) ensure that the term for repaying any loan 
will not exceed 30 years after the date of the first 
payment on the loan; and 
‘‘(7) require the bank to make an annual report 
to the Secretary on its status no later than Sep-
tember 30 of each year and such other reports as 
the Secretary may require under guidelines issued to 
carry out this section. 
‘‘(h) APPLICABILITY OF FEDERAL LAW.—
‘‘(1) IN GENERAL.—The requirements of this 
title and title 49 that would otherwise apply to funds 
made available under this title or such title and 
projects assisted with those funds shall apply to—
‘‘(A) funds made available under this title 
or such title and contributed to an infrastruc-
ture bank established under this section, includ-
ing the non-Federal contribution required under 
subsection (g); and 
‘‘(B) projects assisted by the bank through 
the use of the funds;
165
except to the extent that the Secretary determines 
that any requirement of such title (other than sec-
tions 113 and 114 of this title and section 5333 of 
title 49), is not consistent with the objectives of this 
section. 
‘‘(2) REPAYMENTS.—The requirements of this 
title and title 49 shall apply to repayments from 
non-Federal sources to an infrastructure bank from 
projects assisted by the bank. Such a repayment 
shall be considered to be Federal funds. 
‘‘(i) UNITED STATES NOT OBLIGATED.—The deposit 
of Federal funds into an infrastructure bank established 
under this section shall not be construed as a commitment, 
guarantee, or obligation on the part of the United States 
to any third party, nor shall any third party have any right 
against the United States for payment solely by virtue of 
the contribution. Any security or debt-financing instru-
ment issued by the infrastructure bank shall expressly 
state that the security or instrument does not constitute 
a commitment, guarantee, or obligation of the United 
States. 
‘‘(j) MANAGEMENT OF FEDERAL FUNDS.—Sections 
3335 and 6503 of title 31, shall not apply to funds depos-
ited into an infrastructure bank under this section.
166
‘‘(k) PROGRAM ADMINISTRATION.—For each of fiscal 
years 2004 through 2009, a State may expend not to ex-
ceed 2 percent of the Federal funds contributed to an in-
frastructure bank established by the State under this sec-
tion to pay the reasonable costs of administering the 
bank.’’.
(b) PREPARATORY AMENDMENTS.—
(1) SECTION 181.—Section 181 of such title is 
further amended—
(A) by striking the section designator and 
heading and inserting the following: 
‘‘§ 181. Generally applicable provisions’’; 
(B) by striking ‘‘In this subchapter’’ and 
inserting ‘‘(a) DEFINITIONS.—In this chapter’’; 
(C) in paragraph (5) by striking ‘‘184’’ 
and inserting ‘‘604’’; and 
(D) in paragraph (11) (as redesignated by 
section 1601(a) of this Act) by striking ‘‘183’’ 
and inserting ‘‘603’’; and 
(E) by adding at the end the following: 
‘‘(b) TREATMENT OF CHAPTER.—For purposes of 
this title, this chapter shall be treated as being part of 
chapter 1.’’.
167
(2) SECTION 182.—Section 182(b)(2)(A)(viii) 
of such title is further amended by inserting ‘‘and 
chapter 1’’ after ‘‘this chapter’’. 
(3) SECTION 183.—Section 183(a) of such title 
is further amended—
(A) in paragraph (1) by striking ‘‘182’’ 
and inserting ‘‘602’’; and 
(B) 
in 
paragraph 
(3) 
by 
striking 
‘‘182(b)(2)(B)’’ and inserting ‘‘602(b)(2)(B)’’. 
(4) SECTION 184.—Section 184 of such title is 
further amended—
(A) in subsection (a)(1) by striking ‘‘182’’ 
and inserting ‘‘602’’; 
(B) in subsection (a)(3) by striking 
‘‘182(b)(2)(B)’’ and inserting ‘‘602(b)(2)(B); 
and 
(C) in subsection (b)(10) by striking 
‘‘183’’ and inserting ‘‘603’’. 
(5) 
REFERENCES
IN
SUBCHAPTER.—Sub-
chapter II of chapter 1 of such title is amended by 
striking ‘‘this subchapter’’ each place it appears and 
inserting ‘‘chapter’’. 
(6) SUBCHAPTER
HEADINGS.—Chapter 1 of 
such title is further amended—
168
(A) by striking ‘‘SUBCHAPTER I—GEN-
ERAL PROVISIONS’’ preceding section 101; 
and 
(B) by striking ‘‘SUBCHAPTER II—IN-
FRASTRUCTURE FINANCE’’ preceding sec-
tion 181. 
(c) CHAPTER 6.—Such title is further amended by 
adding at the end the following:
‘‘CHAPTER 6—INFRASTRUCTURE FINANCE
‘‘Sec. 
‘‘601. Generally applicable provisions. 
‘‘602. Determination of eligibility and project selection. 
‘‘603. Secured loans. 
‘‘604. Lines of credit. 
‘‘605. Program administration. 
‘‘606. State and local permits. 
‘‘607. Regulations. 
‘‘608. Funding. 
‘‘609. State infrastructure bank program.’’.
(d) MOVING AND REDESIGNATING.—Such title is fur-
ther amended—
(1) by redesignating sections 181 through 189 
as sections 601 through 609, respectively; 
(2) by moving such sections from chapter 1 to 
chapter 6 (as added by subsection (c)); and 
(3) by inserting such sections after the analysis 
for chapter 6. 
(e) ANALYSIS FOR CHAPTER 1 AND TABLE OF CHAP-
TERS.—
169
(1) ANALYSIS FOR CHAPTER 1.—The analysis 
for chapter 1 of such title is amended—
(A) by striking the headings for sub-
chapters I and II; and 
(B) by striking the items relating to sec-
tions 181 through 189. 
(2) TABLE OF CHAPTERS.—The table of chap-
ters for such title is amended by inserting after the 
item relating to chapter 5 the following:
6. Infrastructure and Finance .................................................................
601
SEC. 1603. INTERSTATE SYSTEM RECONSTRUCTION AND 
REHABILITATION PILOT PROGRAM. 
[Reserved.] 
Subtitle G—High Priority Projects
SEC. 1701. HIGH PRIORITY PROJECTS PROGRAM. 
(a) 
AUTHORIZATION
OF
HIGH
PRIORITY 
PROJECTS.—Section 117(a) of title 23, United States 
Code, is amended by striking ‘‘1602 of the Transportation 
Equity Act for the 21st Century’’ and inserting ‘‘1701 of 
the Transportation Equity Act: A Legacy for Users’’. 
(b) ALLOCATION PERCENTAGES.—Section 117(b) of 
such title is amended by striking paragraphs (1) through 
(6) and inserting the following: 
‘‘(1) 13 percent of such amount shall be avail-
able for obligation beginning in fiscal year 2004;
170
‘‘(2) 14.3 percent of such amount shall be avail-
able for obligation beginning in fiscal year 2005; 
‘‘(3) 15.7 percent of such amount shall be avail-
able for obligation beginning in fiscal year 2006; 
‘‘(4) 17.2 percent of such amount shall be avail-
able for obligation beginning in fiscal year 2007; 
‘‘(5) 18.9 percent of such amount shall be avail-
able for obligation beginning in fiscal year 2008; and 
‘‘(6) 20.9 percent of such amount shall be avail-
able for obligation beginning in fiscal year 2009.’’. 
(c) FEDERAL SHARE.—Section 117(c) of such title 
is amended by striking ‘‘; except’’ and all that follows 
through ‘‘cost thereof’’. 
(d) ADVANCE CONSTRUCTION.—Section 117(e) of 
such title is amended by striking ‘‘1602 of the Transpor-
tation Equity Act for the 21st Century’’ each place it ap-
pears and inserting ‘‘1701 of the Transportation Equity 
Act: A Legacy for Users’’. 
(e) AVAILABILITY
OF OBLIGATION LIMITATION.—
Section 117(g) of such title is amended by striking 
‘‘Transportation Equity Act for the 21st Century’’ and in-
serting ‘‘Transportation Equity Act: A Legacy for Users’’.
171
TITLE II—HIGHWAY SAFETY 
SEC. 2001. AUTHORIZATIONS 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) HIGHWAY
SAFETY
PROGRAMS.—For car-
rying out section 402 of title 23, United States 
Code, 
$245,000,000 
for 
fiscal 
year 
2004, 
$250,000,000 for fiscal year 2005, $255,000,000 for 
fiscal year 2006, $260,000,000 for fiscal year 2007, 
$265,000,000 
for 
fiscal 
year 
2008, 
and 
$270,000,000 for fiscal year 2009. 
(2) HIGHWAY SAFETY RESEARCH AND DEVEL-
OPMENT.—For carrying out section 403 of title 23, 
United States Code, $91,000,000 for each of fiscal 
years 2004 through 2009. 
(3) 
OCCUPANT
PROTECTION
INCENTIVE 
GRANTS.—For carrying out section 405 of title 23, 
United States Code, $140,000,000 for fiscal year 
2004, 
$145,000,000 
for 
fiscal 
year 
2005, 
$150,000,000 for fiscal year 2006, $155,000,000 for 
fiscal year 2007, $160,000,000 for fiscal year 2008, 
and $165,000,000 for fiscal year 2009. 
(4) ALCOHOL-IMPAIRED
DRIVING
COUNTER-
MEASURES INCENTIVE GRANT PROGRAM.—For car-
172
rying out section 410 of title 23, United States 
Code, 
$135,000,000 
for 
fiscal 
year 
2004, 
$140,000,000 for fiscal year 2005, $145,000,000 for 
fiscal year 2006, $150,000,000 for fiscal year 2007, 
$155,000,000 
for 
fiscal 
year 
2008, 
and 
$160,000,000 for fiscal year 2009. 
(5) STATE TRAFFIC SAFETY INFORMATION IM-
PROVEMENTS.—For carrying out section 412 of title 
23, United States Code, $25,000,000 for fiscal year 
2004, 
$30,000,000 
for 
fiscal 
year 
2005, 
$35,000,000 for fiscal year 2006, $40,000,000 for 
fiscal year 2007, $45,000,000 for fiscal year 2008, 
and $50,000,000 for fiscal year 2009. 
(6) NATIONAL
DRIVER
REGISTER.—For car-
rying out chapter 303 of title 49, United States 
Code, by the National Highway Traffic Safety Ad-
ministration, $4,000,000 for each of fiscal years 
2004 through 2009. 
(7) HIGH
VISIBILITY
ENFORCEMENT
PRO-
GRAM.—For carrying out section 2005 of this title, 
$10,000,000 for each of fiscal years 2004 through 
2009. 
(b) APPLICABILITY OF TITLE 23.—Amounts made 
available under subsection (a) for each of fiscal years 2004 
through 2009 shall be available for obligation in the same
173
manner as if such funds were apportioned under chapter 
1 of title 23, United States Code. 
(c) TRANSFERS.—In each fiscal year, the Secretary 
may transfer any amounts remaining available under 
paragraph (3), (4), or (5) of subsection (a) to the amounts 
made available under any other of such paragraphs in 
order to ensure, to the maximum extent possible, that each 
State receives the maximum incentive funding for which 
the State is eligible under sections 405, 410, and 412 of 
title 23, United States Code. 
SEC. 2002. OCCUPANT PROTECTION INCENTIVE GRANTS. 
(a) GENERAL AUTHORITY.—Section 405(a) of title 
23, United States Code, is amended—
(1) in paragraph (2) by striking ‘‘Transpor-
tation Equity Act for the 21st Century’’ and insert-
ing ‘‘Transportation Equity Act: A Legacy for 
Users’’; 
(2) in paragraph (3) by striking ‘‘1997’’ and in-
serting ‘‘2003’’; and 
(3) in paragraphs (4)(A), (4)(B), and (4)(C) by 
inserting after ‘‘years’’ the following: ‘‘beginning 
after September 30, 2003,’’. 
(b) GRANT ELIGIBILITY.—Section 405(b) of title 23, 
United States Code, is amended by striking ‘‘A State shall 
become eligible’’ and inserting the following: ‘‘A State
174
shall be eligible for a grant under this section if the State 
has a seat belt usage rate of 85 percent or greater as of 
the date of the grant, as determined by the Secretary. A 
State may also become eligible’’. 
(c) GRANT AMOUNTS.—Section 405(c) of title 23, 
United States Code, is amended—
(1) by striking ‘‘25 percent’’ and inserting ‘‘100 
percent’’; and 
(2) by striking ‘‘1997’’ and inserting ‘‘2003’’. 
SEC. 
2003. 
ALCOHOL-IMPAIRED 
DRIVING 
COUNTER-
MEASURES. 
(a) GENERAL AUTHORITY.—Section 410(a) of title 
23, United States Code, is amended—
(1) in paragraph (2) by striking ‘‘Transpor-
tation Equity Act for the 21st Century’’ and insert-
ing ‘‘Transportation Equity Act: A Legacy for 
Users’’; 
(2) in paragraph (3) by striking ‘‘1997’’ and in-
serting ‘‘2003’’; and 
(3) in paragraphs (4)(A), (4)(B), and (4)(C) by 
inserting after ‘‘years’’ the following: ‘‘beginning 
after September 30, 2003,’’. 
(b) BASIC GRANT A.—Section 410(b)(1) of title 23, 
United States Code, is amended—
175
(1) by striking ‘‘A State shall become eligible’’ 
and inserting the following: ‘‘A State shall be eligible 
for a grant under this paragraph if the State has an 
alcohol-related fatality rate per 100,000,000 vehicle 
miles traveled of 0.5 or less as of the date of the 
grant, as determined by the Secretary using the Fa-
tality Analysis Reporting System of the National 
Highway Traffic Safety Administration. A State 
may also become eligible’’; 
(2) by striking ‘‘at least 5 of’’ and inserting ‘‘at 
least 6 of’’; 
(3) in subparagraph (A) is amended—
(A) by striking ‘‘and’’ at the end of clause 
(i)(II); 
(B) by striking the period at the end of 
clause (ii) and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(iii) the suspension and revocation 
referred to under clause (i) may allow an 
individual to operate a motor vehicle to 
and from employment or in pursuit of em-
ployment if an ignition interlock device is 
installed on each of the motor vehicles 
owned or operated, or both, by the indi-
vidual.’’;
176
(4) by striking subparagraph (F) and inserting 
the following: 
‘‘(F) OUTREACH
PROGRAM.—A judicial 
and prosecutorial education, training, and out-
reach program that provides information on the 
appropriateness and effectiveness of sentencing 
options.’’; and 
(5) by adding at the end the following: 
‘‘(H) SELF-SUSTAINING
DRUNK
DRIVING 
PREVENTION
PROGRAM.—A 
self-sustaining 
drunk driving prevention program under which 
a significant portion of the fines or surcharges 
collected from individuals apprehended and 
fined for operating a motor vehicle while under 
the influence of alcohol are returned to those 
communities that have comprehensive programs 
for the prevention of such operations of motor 
vehicles. 
‘‘(I) PROGRAMS FOR EFFECTIVE ALCOHOL 
REHABILITATION.—A program for effective in-
patient and outpatient alcohol rehabilitation 
based on mandatory assessment and appro-
priate treatment for repeat offenders described 
in subparagraph (A)(i)(II).’’.
177
(c) BASIC GRANT B.—Section 410(b) of title 23, 
United States Code, is amended—
(1) by striking paragraph (2) and inserting the 
following: 
‘‘(2) BASIC GRANT B.—A State shall become el-
igible for a grant under this paragraph if the 
State—
‘‘(A) has an alcohol-related fatality rate 
per 100,000,000 vehicle miles traveled of 0.8 or 
more as of the date of the grant, as determined 
by the Secretary using the Fatality Analysis 
Reporting System of the National Highway 
Traffic Safety Administration; and 
‘‘(B) establishes, subject to such require-
ments as the Secretary may prescribe, a task 
force to evaluate and recommend changes to the 
State’s drunk driving programs.’’; and 
(2) in paragraph (3)—
(A) by striking ‘‘25 percent’’ and inserting 
‘‘100 percent’’; and 
(B) by striking ‘‘1997’’ and inserting 
‘‘2003’’. 
(d) SUPPLEMENTAL GRANTS.—Section 410(c) of title 
23, United States Code, is amended to read as follows:
178
‘‘(c) ALLOCATION FOR BASIC GRANTS B.—Not more 
than $20,000,000 per fiscal year of amounts made avail-
able to carry out this section shall be available for making 
grants under subsection (b)(2).’’. 
SEC. 2004. STATE TRAFFIC SAFETY INFORMATION SYSTEM 
IMPROVEMENTS. 
(a) IN GENERAL.—Chapter 4 of title 23, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 412. State traffic safety information system im-
provements 
‘‘(a) GENERAL AUTHORITY.—
‘‘(1) AUTHORITY TO MAKE GRANTS.—Subject 
to the requirements of this section, the Secretary 
shall make grants to States that adopt and imple-
ment effective programs to—
‘‘(A) improve the timeliness, accuracy, 
completeness, uniformity, integration, and ac-
cessibility of the safety data of the State that 
is needed to identify priorities for national, 
State, and local highway and traffic safety pro-
grams; 
‘‘(B) evaluate the effectiveness of efforts to 
make such improvements;
179
‘‘(C) link these State data systems, includ-
ing traffic records, with other data systems 
within the State, such as systems that contain 
medical, roadway, and economic data; and 
‘‘(D) improve the compatibility and inter-
operability of the data systems of the State 
with national data systems and data systems of 
other States and enhance the ability of the Sec-
retary to observe and analyze national trends in 
crash occurrences, rates, outcomes, and cir-
cumstances. 
‘‘(2) USE
OF
GRANTS.—A State may use a 
grant received under this section only to implement 
such programs. 
‘‘(3) MODEL DATA ELEMENTS.—The Secretary, 
in consultation with States and other appropriate 
parties, shall determine the model data elements 
necessary to observe and analyze State and national 
trends in crash occurrences, rates, outcomes, and 
circumstances. In order to become eligible for a 
grant under this section, a State shall certify to the 
Secretary the State’s adoption and use of such 
model data elements. 
‘‘(4) MAINTENANCE
OF
EFFORT.—No grant 
may be made to a State under this section in any
180
fiscal year unless the State enters into such agree-
ments with the Secretary as the Secretary may re-
quire ensuring that the State will maintain its ag-
gregate expenditures from all other sources for high-
way safety data programs at or above the average 
level of such expenditures in the 2 fiscal years pre-
ceding the date of enactment of this section. 
‘‘(5) FEDERAL SHARE.—The Federal share of 
the cost of implementing in a fiscal year a program 
of a State pursuant to paragraph (1) shall not ex-
ceed 80 percent. 
‘‘(b) FIRST-YEAR GRANTS.—To be eligible for a first-
year grant under this section, a State shall demonstrate 
to the satisfaction of the Secretary that the State has—
‘‘(1) established a highway safety data and traf-
fic records coordinating committee with a multidisci-
plinary membership that includes, among others, 
managers, collectors, and users of traffic records 
and public health and injury control data systems; 
and 
‘‘(2) developed a multiyear highway safety data 
and traffic records system strategic plan that ad-
dresses existing deficiencies in the State’s highway 
safety data and traffic records system and is ap-
181
proved by the highway safety data and traffic 
records coordinating committee and—
‘‘(A) specifies how existing deficiencies in 
the State’s highway safety data and traffic 
records system were identified; 
‘‘(B) prioritizes, based on the identified 
highway safety data and traffic records system 
deficiencies, the highway safety data and traffic 
records system needs and goals of the State, in-
cluding the activities described in subsection 
(a)(1); 
‘‘(C) identifies performance-based meas-
ures by which progress toward those goals will 
be determined; 
‘‘(D) specifies how the grant funds and 
any other funds of the State will be used to ad-
dress needs and goals identified in the 
multiyear plan; and 
‘‘(E) includes a current report on the 
progress in implementing the multiyear plan 
that documents progress toward the specified 
goals. 
‘‘(c) SUCCEEDING-YEAR GRANTS.— 
‘‘(1) ELIGIBILITY.—A State shall be eligible for 
a grant under this subsection in a fiscal year suc-
182
ceeding the first fiscal year in which the State re-
ceives a grant under subsection (b) if the State, to 
the satisfaction of the Secretary—
‘‘(A) submits an updated multiyear plan 
that meets the requirements of subsection 
(b)(2); 
‘‘(B) certifies that its highway safety data 
and traffic records coordinating committee con-
tinues to operate and supports the multiyear 
plan; 
‘‘(C) specifies how the grant funds and any 
other funds of the State will be used to address 
needs and goals identified in the multiyear plan; 
‘‘(D) demonstrates measurable progress to-
ward achieving the goals and objectives identi-
fied in the multiyear plan; and 
‘‘(E) includes a current report on the 
progress in implementing the multiyear plan. 
‘‘(d) GRANT AMOUNTS.—
‘‘(1) IN
GENERAL.—The amount of a grant 
made to a State for a fiscal year under this section 
shall equal an amount determined by multiplying—
‘‘(A) the amount appropriated to carry out 
this section for such fiscal year; by
183
‘‘(B) the ratio that the funds apportioned 
to the State under section 402 for fiscal year 
2003 bears to the funds apportioned to all 
States under section 402 for fiscal year 2003. 
‘‘(2) 
MINIMUM
AMOUNT.—Notwithstanding 
subparagraph (A)—
‘‘(A) a State eligible for a first-year grant 
under this section shall not receive less than 
$300,000; and 
(B) a State eligible for a succeeding-year 
grant under this section shall not receive less 
than $500,000. 
‘‘(e) ADMINISTRATIVE EXPENSES.—Funds author-
ized to be appropriated to carry out this section in a fiscal 
year shall be subject to a deduction not to exceed 5 percent 
for the necessary costs of administering the provisions of 
this section. 
‘‘(f) APPLICABILITY OF CHAPTER 1.—The provisions 
contained in section 402(d) shall apply to this section.’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
chapter 4 of title 23, United States Code, is amended by 
adding at the end the following:
‘‘412. State traffic safety information system improvements.’’.
SEC. 2005. HIGH VISIBILITY ENFORCEMENT PROGRAM. 
The Secretary shall establish a program to support 
national impaired driving mobilization and enforcement ef-
184
forts and national safety belt mobilization and enforce-
ment, including the purchase of national paid advertise-
ment (including production and placement) to support 
such efforts. 
SEC. 2006. MOTORCYCLE CRASH CAUSATION STUDY. 
(a) IN GENERAL.—Using funds made available to 
carry out section 403 of title 23, United States Code, the 
Secretary shall conduct a study of the causes of motorcycle 
crashes. 
(b) REPORT.—Not later than 3 years after the date 
of enactment of this Act, the Secretary shall transmit to 
Congress a report on the results of the study. 
SEC. 2007. CHILD SAFETY AND BOOSTER SEATS. 
[Reserved.]
TITLE III—FEDERAL TRANSIT 
ADMINISTRATION PROGRAMS 
SEC. 3001. SHORT TITLE; AMENDMENTS TO TITLE 49, 
UNITED STATES CODE. 
(a) SHORT TITLE.—This title may be cited as the 
‘‘Federal Public Transportation Act of 2004’’. 
(b) AMENDMENTS TO TITLE 49, UNITED STATES 
CODE.—Except as otherwise specifically provided, when-
ever in this title an amendment or repeal is expressed in 
terms of an amendment to, or repeal of, a section or other 
provision of law, the reference shall be considered to be
185
made to a section or other provision of title 49, United 
States Code. 
SEC. 3002. POLICIES, FINDINGS, AND PURPOSES. 
(a) IN GENERAL.—Section 5301(a) is amended to 
read as follows: 
‘‘(a) DEVELOPMENT AND REVITALIZATION OF PUB-
LIC TRANSPORTATION SYSTEMS.—It is in the interest of 
the United States to foster the development and revitaliza-
tion of public transportation systems that—
‘‘(1) maximize the safe, secure, and efficient 
mobility of individuals; 
‘‘(2) minimize environmental impacts; and 
‘‘(3) minimize transportation-related fuel con-
sumption and reliance on foreign oil.’’. 
(b) 
PRESERVING
THE
ENVIRONMENT.—Section 
5301(e) is amended—
(1) by striking ‘‘an urban’’ and inserting ‘‘a’’; 
and 
(2) by striking ‘‘under sections 5309 and 5310 
of this title’’. 
(c) GENERAL PURPOSES.—Section 5301(f) is amend-
ed—
(1) in paragraph (1)—
(A) by striking ‘‘mass’’ the first place it 
appears and inserting ‘‘public’’; and
186
(B) by striking ‘‘public and private mass 
transportation companies’’ and inserting ‘‘both 
public transportation companies and private 
companies engaged in public transportation’’; 
(2) in paragraph (2)—
(A) by striking ‘‘urban mass’’ and insert-
ing ‘‘public’’; and 
(B) by striking ‘‘public and private mass 
transportation companies’’ and inserting ‘‘both 
public transportation companies and private 
companies engaged in public transportation’’; 
(3) in paragraph (3)—
(A) by striking ‘‘urban mass’’ and insert-
ing ‘‘public’’; and 
(B) by striking ‘‘public or private mass 
transportation companies’’ and inserting ‘‘pub-
lic transportation companies or private compa-
nies engaged in public transportation’’; and 
(4) in paragraph (5) by striking ‘‘urban mass’’ 
and inserting ‘‘public’’. 
SEC. 3003. DEFINITIONS. 
(a) LEAD-IN.—Section 5302(a) is amended in the 
matter preceding paragraph (1) by striking ‘‘In this chap-
ter’’ and inserting ‘‘Except as otherwise specifically pro-
vided, in this chapter’’.