TITLE VII—HAZARDOUS MATERIALS TRANSPORTATION 
Sec. 7001. Amendment of title 49, United States Code. 
Sec. 7002. Findings and purpose. 
Sec. 7003. Definitions. 
Sec. 7004. General regulatory authority. 
Sec. 7005. Chemical or biological materials. 
Sec. 7006. Representation and tampering. 
Sec. 7007. Technical amendments. 
Sec. 7008. Training of certain employees. 
Sec. 7009. Registration. 
Sec. 7010. Providing shipping papers. 
Sec. 7011. Rail tank cars. 
Sec. 7012. Unsatisfactory safety rating. 
Sec. 7013. Training curriculum for the public sector. 
Sec. 7014. Planning and training grants, monitoring, and review. 
Sec. 7015. Special permits and exclusions. 
Sec. 7016. Uniform forms and procedures. 
Sec. 7017. International uniformity of standards and requirements. 
Sec. 7018. Administrative. 
Sec. 7019. Enforcement. 
Sec. 7020. Civil penalty. 
Sec. 7021. Criminal penalty. 
Sec. 7022. Preemption. 
Sec. 7023. Relationship to other laws. 
Sec. 7024. Judicial review. 
Sec. 7025. Authorization of appropriations. 
Sec. 7026. Determining amount of undeclared shipments of hazardous materials 
entering the United States. 
Sec. 7027. Conforming amendments. 
TITLE VIII—TRANSPORTATION DISCRETIONARY SPENDING 
GUARANTEE 
Sec. 8001. Policy.
TITLE I—FEDERAL-AID 
HIGHWAYS 
Subtitle A—Authorization of 
Programs 
SEC. 1101. AUTHORIZATIONS OF APPROPRIATIONS. 
(a) IN GENERAL.—The following sums are authorized 
to be appropriated from the Highway Trust Fund (other 
than the Mass Transit Account):
(1) INTERSTATE MAINTENANCE PROGRAM.—For 
the Interstate maintenance program under section 
119 of title 23, United States Code, $4,323,076,000 
for fiscal year 2004, $4,431,153,000 for fiscal year 
2005, 
$4,541,932,000 
for 
fiscal 
year, 
2006, 
$4,655,480,000 for fiscal year 2007, $4,771,867,000 
for fiscal year 2008, and $4,891,164,000 for fiscal 
year 2009. 
(2) NATIONAL HIGHWAY SYSTEM.—For the Na-
tional Highway System under section 103 of that 
title, 
$5,187,691,000 
for 
fiscal 
year 
2004, 
$5,317,383,000 for fiscal year 2005, $5,450,318,000 
for fiscal year 2006, $5,586,576,000 for fiscal year 
2007, $5,726,240,000 for fiscal year 2008, and 
$5,869,396,000 for fiscal year 2009. 
(3) BRIDGE PROGRAM.—For the bridge program 
under section 144 of that title, $3,709,440,000 for fis-
cal year 2004, $3,802,176,000 for fiscal year 2005, 
$3,897,231,000 for fiscal year 2006, $3,994,661,000 
for fiscal year 2007, $4,094,528,000 for fiscal year 
2008, and $4,196,891,000 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, $0 for 
fiscal year 2004, $630,000,000 for fiscal year 2005,
$645,000,000 for fiscal year 2006, $660,000,000 for 
fiscal year 2007, $680,000,000 for fiscal year 2008, 
and $695,000,000 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 section 
152. 
(5) SURFACE TRANSPORTATION PROGRAM.—For 
the surface transportation program under section 133 
of that title, $6,052,306,000 for fiscal year 2004, 
$6,203,614,000 for fiscal year 2005, $6,358,704,000 
for fiscal year 2006, $6,517,672,000 for fiscal year 
2007, $6,680,614,000 for fiscal year 2008, and 
$6,847,629,000 for fiscal year 2009. 
(6) CONGESTION MITIGATION AND AIR QUALITY 
IMPROVEMENT PROGRAM.—For the congestion mitiga-
tion and air quality improvement program under sec-
tion 149 of that title, $1,469,846,000 for fiscal year 
2004, 
$1,506,592,000 
for 
fiscal 
year 
2005, 
$1,544,257,000 for fiscal year 2006, $1,582,863,000 
for fiscal year 2007, $1,622,435,000 for fiscal year 
2008, and $1,662,996,000 for fiscal year 2009. 
(7) APPALACHIAN DEVELOPMENT HIGHWAY SYS-
TEM
PROGRAM.—For the Appalachian development 
highway system program under section 14501 of title 
40, United States Code, $460,000,000 for fiscal year
2004 and $470,000,000 for each of fiscal years 2005 
through 2009. 
(8) RECREATIONAL TRAILS PROGRAM.—For the 
recreational trails program under section 206 of title 
23, United States Code, $53,000,000 for fiscal year 
2004, $70,000,000 for fiscal year 2005, $80,000,000 
for fiscal year 2006, $90,000,000 for fiscal year 2007, 
$100,000,000 for fiscal year 2008, and $110,000,000 
for fiscal year 2009. 
(9) FEDERAL LANDS HIGHWAYS PROGRAM.—
(A) INDIAN RESERVATION ROADS.—For In-
dian reservation roads under section 204 of title 
23, United States Code, $325,000,000 for fiscal 
year 2004, $365,000,000 for fiscal year 2005, 
$390,000,000 for fiscal year 2006, $395,000,000 
for fiscal year 2007, $420,000,000 for fiscal year 
2008, and $420,000,000 for fiscal year 2009. 
(B) PARK
ROADS
AND
PARKWAYS.—For 
park roads and parkways roads under section 
204 of that title, $170,000,000 for fiscal year 
2004, 
$185,000,000 
for 
fiscal 
year 
2005, 
$200,000,000 for fiscal year 2006, $215,000,000 
for fiscal year 2007, $225,000,000 for fiscal year 
2008, and $225,000,000 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, $260,000,000 
for fiscal year 2005, $280,000,000 for fiscal year 
2006, 
$280,000,000 
for 
fiscal 
year 
2007, 
$290,000,000 
for 
fiscal 
year 
2008, 
and 
$300,000,000 for fiscal year 2009. 
(D) REFUGE
ROADS.—For refuge roads 
under section 204 of that title, $20,000,000 for 
each of fiscal years 2004 through 2009. 
(10) NATIONAL CORRIDOR INFRASTRUCTURE IM-
PROVEMENT PROGRAM.—For the national corridor in-
frastructure improvement program under section 
1301 of this title, $333,333,000 for fiscal year 2004, 
$600,000,000 for fiscal year 2005, $600,000,000 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. 
(11) COORDINATED
BORDER
INFRASTRUCTURE 
PROGRAM.—For the coordinated border infrastructure 
program 
under 
section 
1302 
of 
this 
title, 
$105,000,000 for fiscal year 2004, $200,000,000 for 
fiscal year 2005, $200,000,000 for fiscal year 2006, 
$200,000,000 for fiscal year 2007, $200,000,000 for
fiscal year 2008, and $225,000,000 for fiscal year 
2009. 
(12) PROJECTS OF NATIONAL AND REGIONAL SIG-
NIFICANCE PROGRAM.—For the projects of national 
and regional significance program under section 1304 
of this title, $600,000,000 for fiscal year 2004, 
$1,100,000,000 for fiscal year 2005, $1,100,000,000 
for fiscal year 2006, $1,200,000,000 for fiscal year 
2007, $1,300,000,000 for fiscal year 2008, and 
$1,300,000,000 for fiscal year 2009. 
(13) CONSTRUCTION
OF
FERRY
BOATS
AND 
FERRY
TERMINAL
FACILITIES.—For construction of 
ferry boats and ferry terminal facilities under section 
165 of title 23, United States Code, $60,000,000 for 
fiscal year 2004, $70,000,000 for fiscal year 2005, 
$75,000,000 for fiscal year 2006, $75,000,000 for fis-
cal year 2007, $75,000,000 for fiscal year 2008, and 
$75,000,000 for fiscal year 2009. 
(14) NATIONAL SCENIC BYWAYS PROGRAM.—For 
the national scenic byways program under section 
162 of title 23, United States Code, $30,000,000 for 
fiscal year 2004, $40,000,000 for fiscal year 2005, 
$45,000,000 for fiscal year 2006, $55,000,000 for fis-
cal year 2007, $55,000,000 for fiscal year 2008, and 
$60,000,000 for fiscal year 2009.
(15) CONGESTION
PRICING
PILOT
PROGRAM.—
For the congestion pricing pilot program under sec-
tion 1209 of this title, $15,000,000 for fiscal year 
2004, $15,000,000 for fiscal year 2005, $15,000,000 
for fiscal year 2006, $15,000,000 for fiscal year 2007, 
$15,000,000 for fiscal year 2008, and $15,000,000 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, 
$6,000,000 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, $2,176,042,000 for fis-
cal year 2004, $2,061,242,000 for fiscal year 2005, 
$1,809,342,000 for fiscal year 2006, $1,708,042,000 
for fiscal year 2007, $1,757,242,000 for fiscal year 
2008, and $1,615,242,000 for fiscal year 2009. 
(18) FREIGHT
INTERMODAL
CONNECTOR
PRO-
GRAM.—For the freight intermodal connector program 
under section 1303 of this title, $115,000,000 for fis-
cal 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.
(19) HIGH RISK RURAL ROAD SAFETY IMPROVE-
MENT PROGRAM.—For the high risk rural road safety 
improvement program under section 1403 of this title, 
$85,000,000 for fiscal year 2004, $105,000,000 for fis-
cal year 2005, $110,000,000 for fiscal year 2006, 
$120,000,000 for fiscal year 2007, $125,000,000 for 
fiscal year 2008, and $130,000,000 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, $12,000,000 for 
fiscal year 2004, $30,000,000 for fiscal year 2005, 
$30,000,000 for fiscal year 2006, $20,000,000 for fis-
cal year 2007, $10,000,000 for fiscal year 2008, and 
$7,000,000 for fiscal year 2009. 
(21) PEDESTRIAN AND CYCLIST EQUITY.—
(A) SAFE ROUTES TO SCHOOL PROGRAM.—
For the safe routes to school program under sec-
tion 1120(a) of this title, $125,000,000 for fiscal 
year 2004, $150,000,000 for fiscal year 2005, 
$175,000,000 for fiscal year 2006, $175,000,000 
for fiscal year 2007, $175,000,000 for fiscal year 
2008, and $200,000,000 for fiscal year 2009. 
(B) NONMOTORIZED PILOT PROGRAM.—For 
the nonmotorized pilot program under section
1120(b) of this title, $20,000,000 for fiscal year 
2004 and $25,000,000 for each of fiscal years 
2005 through 2009. 
(22) DEDICATED TRUCK LANES.—For dedicated 
truck lanes under section 1305 of this title, 
$80,000,000 for fiscal year 2004 ,$165,000,000 for 
each of fiscal years 2005 through 2008, and 
$170,000,000 for fiscal year 2009. 
(23) HIGHWAYS FOR LIFE PROGRAM.—For the 
highways for life program under section 1504 of this 
title, $40,000,000 for fiscal year 2004, $55,000,000 for 
fiscal year 2005, and $60,000,000 for each of fiscal 
years 2006 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), $115,000,000 for fiscal year 2004, 
$125,000,000 for fiscal year 2005, $130,000,000 for 
fiscal year 2006, $130,000,000 for fiscal year 2007, 
$140,000,000 for fiscal year 2008, and $140,000,000 
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 and section 
403 of title 23, United States Code, shall be expended 
with small business concerns owned and controlled by 
socially and economically disadvantaged 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 individuals which 
has average annual gross receipts over the pre-
ceding 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 ‘‘socially 
and economically disadvantaged individuals’’ 
has the meaning such term has under section 
8(d) of the Small Business Act (15 U.S.C. 
637(d)) and relevant subcontracting regulations 
promulgated 
pursuant 
thereto; 
except 
that 
women shall be presumed to be socially and eco-
nomically disadvantaged individuals for pur-
poses 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 economically 
disadvantaged individuals (other than women), and 
by individuals who are women and are otherwise so-
cially 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 ti-
tles I, III, and V of this Act and section 403 of title 
23, United States Code, if the entity or person is pre-
vented, 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 requirement 
of paragraph (1), or the program established under 
paragraph (1), is unconstitutional. 
SEC. 1102. OBLIGATION CEILING. 
(a) GENERAL
LIMITATION.—Notwithstanding any 
other provision of law but subject to subsections (g) and 
(h), the obligations for Federal-aid highway and highway 
safety construction programs shall not exceed—
(1) $33,644,000,000 for fiscal year 2004; 
(2) $34,641,000,000 for fiscal year 2005; 
(3) $35,668,000,000 for fiscal year 2006; 
(4) $36,725,000,000 for fiscal year 2007; 
(5) $37,813,000,000 for fiscal year 2008; and 
(6) $38,934,000,000 for fiscal year 2009. 
(b) EXCEPTIONS.—The limitations under subsection 
(a) shall not apply to obligations—
(1) under section 125 of title 23, United States 
Code; 
(2) under section 147 of the Surface Transpor-
tation Assistance Act of 1978;
(3) under section 9 of the Federal-Aid Highway 
Act of 1981; 
(4) under sections 131(b) and 131(j) of the Sur-
face Transportation Assistance Act of 1982; 
(5) under sections 149(b) and 149(c) of the Sur-
face Transportation and Uniform Relocation Assist-
ance Act of 1987; 
(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 au-
thorized for administrative expenses and amounts au-
thorized 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 Tran-
sit Account) for Federal-aid highway and highway 
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 aggre-
gate 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 sub-
section (b)(8)) for such fiscal year less the aggre-
gate of the amounts not distributed under para-
graph (1) of this subsection; 
(4) distribute the obligation authority provided 
by subsection (a) less the aggregate amounts not dis-
tributed under paragraphs (1) and (2) for section 117 
of title 23, United States Code (relating to high pri-
ority projects program), section 14501 of title 40, 
United States Code (relating to Appalachian develop-
ment 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 determined by 
multiplying the ratio determined under paragraph 
(3) by the sums authorized to be appropriated for 
such section (except in the case of section 105, 
$2,000,000,000) for such fiscal year; 
(5) distribute the obligation authority provided 
by subsection (a) less the aggregate amounts not dis-
tributed under paragraphs (1) and (2) and amounts 
distributed under paragraph (4) for each of the pro-
grams that are allocated by the Secretary under this 
Act and title 23, United States Code (other than ac-
tivities 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 dis-
tributed under paragraphs (1) and (2) and amounts 
distributed under paragraphs (4) and (5) for Federal-
aid highway and highway safety construction pro-
grams (other than the minimum guarantee 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 Appalachian develop-
ment 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 distrib-
uted during that fiscal year. In making the redistribution, 
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 lim-
itations imposed by subsection (a) shall apply to transpor-
tation 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 available 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 authorized 
to be appropriated for such fiscal year for Federal-aid high-
way programs, and (2) that the Secretary determines 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 distribu-
tion of obligation authority under subsection (c)(6). The 
funds so distributed shall be available for any purposes de-
scribed 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 addi-
tion to the amount of any limitation imposed on obligations 
for Federal-aid highway and highway safety construction 
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 determined 
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) $390,000,000 for fiscal year 2004; 
(2) $395,000,000 for fiscal year 2005; 
(3) $395,000,000 for fiscal year 2006; 
(4) $395,000,000 for fiscal year 2007; 
(5) $395,000,000 for fiscal year 2008; and 
(6) $400,000,000 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) $390,000,000 for fiscal year 
2004, $395,000,000 for fiscal year 2005, $395,000,000 
for fiscal year 2006, $395,000,000 for fiscal year 
2007, $395,000,000 for fiscal year 2008, and 
$400,000,000 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 Federal-
aid highway program and programs authorized 
under chapter 2. 
‘‘(B) To make transfers of such sums as the 
Secretary determines to be appropriate to the 
Appalachian Regional Commission for adminis-
trative 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 sub-
section (a) and’’; and 
(2) in paragraph (1)(A)—
(A) by striking ‘‘$36,400,000 for each fiscal 
year’’ and inserting ‘‘$40,000,000 for fiscal year 
2004, 
$40,000,000 
for 
fiscal 
year 
2005, 
$40,000,000 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’’; and 
(B) by striking ‘‘$18,800,000 for each of fis-
cal years 1998 through 2002’’ and inserting 
‘‘$20,000,000 
for 
fiscal 
year 
2004 
and 
$30,000,000 for each of fiscal years 2005 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 Cen-
tury (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 insert-
ing ‘‘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 
‘‘$2,870,000,000 in fiscal year 2004, $2,941,750,000 
in fiscal year 2005, $3,015,293,750 in fiscal year 
2006, 
$3,090,676,094 
in 
fiscal 
year 
2007, 
$3,167,942,996 
in 
fiscal 
year 
2008, 
and 
$3,247,141,571 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 subsection 
(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’’; and 
(2) in paragraph (1) by striking ‘‘1999 through 
2003’’ and inserting ‘‘2004 through 2009’’. 
(f) CONFORMING AMENDMENTS.—
(1) SECTION 131.—Section 131(m) of title 23, 
United States Code, is amended by striking ‘‘in ac-
cordance with the program of projects approval proc-
ess of section 105’’.
(2) SECTION 140.—Section 140 of such title is 
amended—
(A) in subsection (a) by striking ‘‘programs 
for projects as provided for in subsection (a) of 
section 105 of this title’’ and inserting ‘‘project 
under this chapter’’; and 
(B) in subsection (c) by striking ‘‘subsection 
104(b)(3) of this title’’ and inserting ‘‘section 
104(b)(3)’’. 
SEC. 1105. PROJECT APPROVAL AND OVERSIGHT. 
Section 106(h) of title 23, United States Code, is 
amended by striking ‘‘$1,000,000,000’’ and inserting 
‘‘$500,000,000’’. 
SEC. 1106. TEMPORARY TRAFFIC CONTROL DEVICES. 
(a) STANDARDS.—Section 109(e) of title 23, United 
States Code, is amendedl 
(1) by striking ‘‘(e) No funds’’ and inserting the 
following: 
‘‘(e) INSTALLATION OF SAFETY DEVICES.—
‘‘(1) HIGHWAY AND RAILROAD GRADE CROSSINGS 
AND DRAWBRIDGES.—No funds’’; and 
(2) by adding at the end the following: 
‘‘(2) TEMPORARY TRAFFIC CONTROL DEVICES.—
No funds shall be approved for expenditure on any 
Federal-aid highway, or highway affected under chap-
ter 2 of this title, unless proper temporary traffic con-
trol devices to improve safety in work zones will be 
installed and maintained during construction, utility, 
and maintenance operations on that portion of the 
highway with respect to which such expenditures are 
to be made. Installation and maintenance of the de-
vices shall be in accordance with the Manual on Uni-
form Traffic Control Devices.’’. 
(b) LETTING OF CONTRACTS.—Section 112 of such title 
is amended—
(1) by striking subsection (f); 
(2) by redesignating subsection (g) as subsection 
(f); and 
(3) by adding at the end the following: 
‘‘(g) TEMPORARY TRAFFIC CONTROL DEVICES.—
‘‘(1) ISSUANCE
OF
REGULATIONS.—The Sec-
retary, after consultation with appropriate Federal 
and State officials, shall issue regulations establishing 
the conditions for the appropriate use of, and expend-
iture of funds for, uniformed law enforcement officers, 
positive protective measures between workers and mo-
torized traffic, and installation and maintenance of 
temporary traffic control devices during construction, 
utility, and maintenance operations.
‘‘(2) EFFECTS OF REGULATIONS.—Based on reg-
ulations issued under paragraph (1), a State shall—
‘‘(A) develop separate pay items for the use 
of uniformed law enforcement officers, positive 
protective measures between workers and motor-
ized traffic, and installation and maintenance of 
temporary traffic control devices during con-
struction, utility, and maintenance operations; 
and 
‘‘(B) incorporate such pay items into con-
tract provisions to be included in each contract 
entered into by the State with respect to a high-
way project to ensure compliance with section 
109(e)(2). 
‘‘(3) LIMITATION.—Nothing in the regulations 
shall be construed to prohibit a State from imple-
menting standards that are more stringent than those 
required under the regulations. 
‘‘(4) POSITIVE
PROTECTIVE
MEASURES
DE-
FINED.—In this subsection, the term ‘positive protec-
tive measures’ means temporary traffic barriers, crash 
cushions, and other strategies to avoid traffic acci-
dents in work zones, including full road closures.’’.
SEC. 1107. REVENUE ALIGNED BUDGET AUTHORITY. 
(a) IN GENERAL.—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 sta-
bility in program funding level adjustments and maintain 
a direct relationship to the receipts in the Highway Account 
of the Highway Trust Fund. 
(b) TECHNICAL AMENDMENT.—Section 110(b)(1)(A) of 
title 23, United States Code, is amended by striking ‘‘for’’ 
the second place it appears. 
SEC. 1108. EMERGENCY RELIEF. 
(a) IN GENERAL.—Effective October 1, 2004, section 
125(c)(1) of title 23, United States Code, is amended by 
striking ‘‘$100,000,000’’ and inserting ‘‘$120,000,000’’. 
(b) AUTHORIZATIONS OF APPROPRIATIONS FROM GEN-
ERAL FUND.—There is authorized to be appropriated for 
a fiscal year such sums as may be necessary for allocations 
by the Secretary described in subsections (a) and (b) of sec-
tions 125 of title 23, United States Code, if the total of those 
allocations in such fiscal year are in excess of $120,000,000. 
SEC. 1109. SURFACE TRANSPORTATION PROGRAM. 
Section 133(f)(1) of title 23, United States Code, is 
amended—
(1) by striking ‘‘1998 through 2000’’ and insert-
ing ‘‘2004 through 2006’’; and
(2) by striking ‘‘2001 through 2003’’ and insert-
ing ‘‘2007 through 2009’’. 
SEC. 1110. HIGHWAY USE TAX EVASION PROJECTS. 
(a) ELIGIBLE ACTIVITIES.—
(1) INTERGOVERNMENTAL
ENFORCEMENT
EF-
FORTS.—Section 143(b)(2) of title 23, United States 
Code, is amended by inserting before the period the 
following: ‘‘; except that of funds so made available 
for each of fiscal years 2004 through 2009, $2,000,000 
shall be available only to carry out intergovernmental 
enforcement efforts, including research and training’’. 
(2) CONDITIONS ON FUNDS ALLOCATED TO IN-
TERNAL
REVENUE
SERVICE.—Section 143(b)(3) of 
such title is amended by striking ‘‘The’’ and inserting 
‘‘Except as otherwise provided in this section, the’’. 
(3) LIMITATION
ON
USE
OF
FUNDS.—Section 
143(b)(4) of such title is amended—
(A) by striking ‘‘and’’ at the end of sub-
paragraph (F); 
(B) by striking the period at the end of sub-
paragraph (G) and inserting a semicolon; and 
(C) by adding at the end the following: 
‘‘(H) to support efforts between States and 
Indian tribes to address issues related to State 
motor fuel taxes; and
‘‘(I) to analyze and implement programs to 
reduce tax evasion associated with foreign im-
ported fuel.’’. 
(4) REPORTS.—Section 143(b) of such title is 
amended by adding at the end the following: 
‘‘(9) REPORTS.—The Commissioner of the Inter-
nal Revenue Service and each State shall submit to 
the Secretary an annual report that describes the 
projects, examinations, and criminal investigations 
funded by and carried out under this section. Such 
report shall specify the annual yield estimated for 
each project funded under this section.’’. 
(b) EXCISE FUEL REPORTING SYSTEM.—
(1) IN GENERAL.—Section 143(c)(1) of such title 
is amended—
(A) by striking ‘‘August 1, 1998,’’ and in-
serting ‘‘90 days after the date of enactment of 
the Transportation Equity Act: A Legacy for 
Users,’’; 
(B) by striking ‘‘development’’ and insert-
ing ‘‘completion, operation,’’; and 
(C) by striking ‘‘an excise fuel reporting 
system (in this subsection referred to as ‘the sys-
tem’)’’ and inserting ‘‘an excise summary ter-
minal activity reporting system’’.
(2) ELEMENTS
OF
MEMORANDUM
OF
UNDER-
STANDING.—Section 143(c)(2) of such title is amend-
ed—
(A) by striking ‘‘the system’’ the first place 
it appears and inserting ‘‘the excise summary 
terminal activity reporting system’’; 
(B) in subparagraph (A) by striking ‘‘de-
velop’’ and inserting ‘‘complete’’; 
(C) by striking ‘‘and’’ at the end of sub-
paragraph (B); 
(D) by striking the period at the end of sub-
paragraph (C) and inserting ‘‘; and’’; and 
(E) by adding at the end the following: 
‘‘(D) the Commissioner of the Internal Rev-
enue Service shall submit and the Secretary shall 
approve a budget and project plan for the com-
pletion, operation, and maintenance of the sys-
tem.’’; and 
(3) FUNDING
PRIORITY.—Section 143(c)(3) of 
such title is amended to read as follows: 
‘‘(3) FUNDING.—Of the amounts made available 
to carry out this section for each of fiscal years 2004 
through 2009, the Secretary shall make available to 
the Internal Revenue Service such funds as may be 
necessary to complete, operate, and maintain the ex-
cise summary terminal activity reporting system in 
accordance with this subsection.’’. 
(c) REGISTRATION SYSTEM AND ELECTRONIC DATA-
BASE.—Section 143 of such title is further amended by add-
ing at the end the following: 
‘‘(d) PIPELINE, VESSEL, AND BARGE REGISTRATION 
SYSTEM.—
‘‘(1) IN GENERAL.—Not later than 90 days after 
the date of enactment of this subsection, the Secretary 
shall enter into a memorandum of understanding 
with the Commissioner of the Internal Revenue Serv-
ice for the purposes of the development, operation, 
and maintenance of a registration system for pipe-
lines, vessels, and barges, and operators of such pipe-
lines, vessels, and barges, that make bulk transfers of 
taxable fuel. 
‘‘(2) ELEMENTS OF MEMORANDUM OF UNDER-
STANDING.—The memorandum of understanding shall 
provide that—
‘‘(A) the Internal Revenue Service shall de-
velop and maintain the registration system 
through contracts; 
‘‘(B) the Commissioner of the Internal Rev-
enue Service shall submit and the Secretary shall 
approve a budget and project plan for develop-
ment, operation, and maintenance of the reg-
istration system; 
‘‘(C) the registration system shall be under 
the control of the Internal Revenue Service; and 
‘‘(D) the registration system shall be made 
available for use by appropriate State and Fed-
eral revenue, tax, and law enforcement authori-
ties, subject to section 6103 of the Internal Rev-
enue Code of 1986. 
‘‘(3) FUNDING.—Of the amounts made available 
to carry out this section for each of fiscal years 2004 
through 2009, the Secretary shall make available to 
the Internal Revenue Service such funds as may be 
necessary to complete, operate, and maintain a reg-
istration system for pipelines, vessels, and barges, and 
operators of such pipelines, vessels, and barges, that 
make bulk transfers of taxable fuel in accordance with 
this subsection. 
‘‘(e) HEAVY VEHICLE USE TAX PAYMENT DATA-
BASE.—
‘‘(1) IN GENERAL.—Not later than 90 days after 
the date of enactment of this subsection, the Secretary 
shall enter into a memorandum of understanding 
with the Commissioner of the Internal Revenue Serv-
ice for the purposes of the establishment, operation,
and maintenance of an electronic database of heavy 
vehicle highway use tax payments. 
‘‘(2) ELEMENTS OF MEMORANDUM OF UNDER-
STANDING.—The memorandum of understanding shall 
provide that—
‘‘(A) the Internal Revenue Service shall es-
tablish and maintain the electronic database 
through contracts; 
‘‘(B) the Commissioner of the Internal Rev-
enue Service shall submit and the Secretary shall 
approve a budget and project plan for establish-
ment, operation, and maintenance of the elec-
tronic database; 
‘‘(C) the electronic database shall be under 
the control of the Internal Revenue Service; and 
‘‘(D) the electronic database shall be made 
available for use by appropriate State and Fed-
eral revenue, tax, and law enforcement authori-
ties, subject to section 6103 of the Internal Rev-
enue Code of 1986. 
‘‘(3) FUNDING.—Of the amounts made available 
to carry out this section for each of fiscal years 2004 
through 2009, the Secretary shall make available to 
the Internal Revenue Service such funds as may be 
necessary to establish, operate, and maintain an elec-
tronic database of heavy vehicle highway use tax pay-
ments in accordance with this subsection. 
‘‘(f) REPORTS.—Not later than March 30 and Sep-
tember 30 of each year, the Commissioner of the Internal 
Revenue Service shall provide reports to the Secretary on 
the status of the Internal Revenue Service projects funded 
under this section related to the excise summary terminal 
activity reporting system, the pipeline, vessel, and barge 
registration system, and the heavy vehicle use tax electronic 
database.’’. 
SEC. 1111. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM. 
(a) APPORTIONMENT.—The Secretary shall apportion 
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 Appa-
lachian development highway system under section 14501 
title 40, United States Code. 
(b) APPLICABILITY OF TITLE 23.—Funds made avail-
able by section 1101(a)(7) of this Act for the Appalachian 
development highway system 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 
the Federal share of the cost of any project under this sec-
tion 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. 1112. 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
(c) NATIONAL FERRY DATABASE.—
(1) ESTABLISHMENT.—The Secretary, acting 
through the Bureau of Transportation Statistics, shall 
establish and maintain a national ferry database. 
(2) CONTENTS.—The database shall contain cur-
rent information regarding ferry systems, including 
information regarding routes, vessels, passengers and 
vehicles carried, funding sources and such other infor-
mation as the Secretary considers useful. 
(3) UPDATE REPORT.— Using information col-
lected through the database, the Secretary shall peri-
odically modify as appropriate the report submitted 
under section 1207(c) of the Transportation Equity 
Act for the 21st Century (23 U.S.C. 129 note; 112 
Stat. 185–186). 
(4) REQUIREMENTS.—The Secretary shall—
(A) compile the database not later than 1 
year after the date of enactment of this Act and 
update the database every 2 years thereafter; 
(B) ensure that the database is easily acces-
sible to the public; 
(C) make available, from the ferry boat and 
ferry terminal program authorized under section 
165 of title 23, United States Code, not more
than $500,000 for each of fiscal years 2004 
through 2009 to establish the database. 
SEC. 1113. 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 118(c)’’. 
(c) TECHNICAL AMENDMENTS.—
(1) SECTION 114.—Section 114(a) of such title is 
amended by striking ‘‘Except as provided in section 
117 of this title, such’’ and inserting ‘‘Such’’. 
(2) SECTION 116.—Section 116(b) of such title is 
amended by striking ‘‘highway department’’ and in-
serting ‘‘transportation department’’. 
(3) SECTION 120.—Section 120(e) of such title is 
amended in the first sentence by striking ‘‘such sys-
tem’’ and inserting ‘‘such highway’’. 
(4) SECTION 126.—Section 126(a) of such title is 
amended by inserting ‘‘under’’ before ‘‘section 
104(b)(3)’’.
(5) SECTION 127.—Section 127 of such title is 
amended by striking ‘‘118(b)(1)’’ and inserting 
‘‘118(b)(2)’’. 
(6) 
BICYCLE
AND
PEDESTRIAN
SAFETY 
GRANTS.—Section 1212(i) of the Transportation Eq-
uity Act for the 21st Century (112 Stat. 196–197) is 
amended by redesignating subparagraphs (D) and 
(E) as paragraphs (2) and (3), respectively, and mov-
ing such paragraphs 2 ems to the left. 
(d) LIMITATION.—The amendments made by this sec-
tion 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. 1114. HIGHWAY BRIDGE. 
(a) SCOUR COUNTERMEASURES.—Section 144(d) of 
title 23, United States Code, is amended to read as follows: 
‘‘(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 re-
habilitating a highway bridge which the priority sys-
tem established under subsections (b) and (c) shows to 
be eligible, the Secretary may approve Federal par-
ticipation in replacing such bridge with a comparable 
facility or in rehabilitating such bridge. 
‘‘(2) PREVENTIVE MAINTENANCE, SCOUR MEAS-
URES, AND
APPLICATIONS
OF
CERTAIN
COMPOSI-
TIONS.—Whenever any State makes application to the 
Secretary for assistance in painting, seismic retrofit, 
or preventive maintenance of, or installing scour 
countermeasures or applying calcium magnesium ace-
tate, sodium acetate/formate, or other environmentally 
acceptable, minimally corrosive anti-icing and de-
icing compositions to, the structure of a highway 
bridge, the Secretary may approve Federal participa-
tion in the painting, seismic retrofit, or preventive 
maintenance of, or installation of scour counter-
measures or application of acetate or sodium acetate/
formate or such anti-icing or de-icing composition to, 
such structure. 
‘‘(3) ELIGIBILITY.—The Secretary shall deter-
mine the eligibility of highway bridges for replace-
ment or rehabilitation for each State based upon the 
unsafe highway bridges in such State; except that a 
State may carry out a project for preventive mainte-
nance on a bridge, seismic retrofit of a bridge, or in-
stalling scour countermeasures to a bridge under this
section without regard to whether the bridge is eligible 
for replacement or rehabilitation under this section.’’. 
(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 appro-
priated to carry out the bridge program under 
this section for each of the fiscal years 2004 
through 2009, all but $100,000,000 shall be ap-
portioned as provided in subsection (e). Such 
$100,000,000 shall be available at the discretion 
of the Secretary.’’. 
(c) OFF-SYSTEM BRIDGES.—Section 144(g)(3) of such 
title is amended—
(1) by striking ‘‘15 percent’’ and inserting ‘‘20 
percent’’; 
(2) by striking ‘‘1987’’ and inserting ‘‘2004’’; 
(3) by striking ‘‘2003’’ and inserting ‘‘2009’’; 
(4) by inserting ‘‘, perform systematic preventive 
maintenance,’’ after ‘‘paint’’; and 
(5) 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. 1115. TRANSPORTATION AND COMMUNITY AND SYS-
TEM PRESERVATION PROGRAM. 
(a) EXTENSION.—Section 1221(e)(1) of Transpor-
tation 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 $25,000,000 for fiscal year 2004, 
$30,000,000 for fiscal year 2005, $35,000,000 for fis-
cal year 2006, $35,000,000,000 for fiscal year 2007, 
and $35,000,000 for each of fiscal years 2008 and 
2009’’. 
(b) FEDERAL SHARE.—Section 1221(e)(2) of such Act 
is amended by inserting before the period at the end ‘‘; ex-
cept that such funds shall not be transferable and the Fed-
eral share for projects and activities carried out with such 
funds shall be determined in accordance with section 120(b) 
of title 23, United States Code’’.
as telecommuting, ridesharing, alternative work 
hour programs, and value pricing. 
‘‘(d) OBLIGATION OF AMOUNTS.—
‘‘(1) IN GENERAL.—In complying with the re-
quirements of this section, the amounts obligated by 
a State for congestion relief activities under sub-
section (a) shall be allocated among the individual 
programs for which funds are apportioned under sec-
tions 104(b)(1), 104(b)(2), 104(b)(3), and 104(b)(4). 
‘‘(2) LIMITATION
ON
STATUTORY
CONSTRUC-
TION.—Nothing in this subsection shall be construed 
as requiring a State to obligate proportional or equal 
amounts 
under 
sections 
104(b)(1), 
104(b)(2), 
104(b)(3), and 104(b)(4) for any congestion relief ac-
tivity under this section. 
‘‘(e) LIMITATION
ON STATUTORY CONSTRUCTION.—
Nothing in this section shall be construed as altering or oth-
erwise affecting the applicability of the requirements of this 
chapter (including requirements relating to the eligibility 
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 pro-
gram under section 104(b) that are obligated by the State 
for congestion relief activities under subsection (a).