IB 
Union Calendar No. 5
109TH CONGRESS 
1ST SESSION 
H. R. 3
[Report No. 109–12] 
To authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 9, 2005
Mr. YOUNG of Alaska (for himself, Mr. OBERSTAR, Mr. PETRI, Mr. DEFAZIO, 
Mr. BOEHLERT, Mr. RAHALL, Mr. COBLE, Mr. COSTELLO, Mr. DUNCAN, 
Ms. NORTON, Mr. GILCHREST, Mr. NADLER, Mr. MICA, Mr. MENENDEZ, 
Mr. HOEKSTRA, Ms. CORRINE BROWN of Florida, Mr. EHLERS, Mr. FIL-
NER, 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. BOSWELL, Mr. 
HAYES, Mr. HOLDEN, Mr. SIMMONS, Mr. BAIRD, Mr. BROWN of South 
Carolina, Ms. BERKLEY, Mr. JOHNSON of Illinois, Mr. MATHESON, Mr. 
PLATTS, Mr. HONDA, Mr. GRAVES, Mr. LARSEN of Washington, Mr. 
KENNEDY of Minnesota, Mr. CAPUANO, Mr. SHUSTER, Mr. WEINER, Mr. 
BOOZMAN, Ms. CARSON, Mr. PEARCE, Mr. BISHOP of New York, Mr. 
GERLACH, Mr. MICHAUD, Mr. MARIO DIAZ-BALART of Florida, Mr. 
DAVIS of Tennessee, Mr. PORTER, Mr. CHANDLER, Mr. OSBORNE, Mr. 
HIGGINS, Mr. MARCHANT, Mr. CARNAHAN, Mr. SODREL, Ms. SCHWARTZ 
of Pennsylvania, Mr. DENT, Mr. SALAZAR, Mr. POE, Mr. REICHERT, Mr. 
MACK, Mr. KUHL of New York, Mr. FORTUN˜O, Mr. WESTMORELAND, 
and Mr. BOUSTANY) introduced the following bill; which was referred to 
the Committee on Transportation and Infrastructure 
MARCH 7, 2005
Additional sponsors: Ms. HOOLEY, Mr. FRANK of Massachusetts, Mr. WU, Mr. 
RYAN of Ohio, and Mr. HOLT
MARCH 7, 2005
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on February 9, 2005] 
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) SECRETARY DEFINED.—In this Act, the term ‘‘Sec-
retary’’ means the Secretary of Transportation. 
(c) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows:
Sec. 1. Short title, table of contents. 
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. Project approval and oversight. 
Sec. 1106. Use of excess funds. 
Sec. 1107. Temporary traffic control devices. 
Sec. 1108. Revenue aligned budget authority. 
Sec. 1109. Emergency relief. 
Sec. 1110. Surface transportation program. 
Sec. 1111. Highway use tax evasion projects. 
Sec. 1112. Appalachian development highway system.
Sec. 1113. Construction of ferry boats and ferry terminal facilities. 
Sec. 1114. Interstate maintenance discretionary. 
Sec. 1115. Highway bridge. 
Sec. 1116. Transportation and community and system preservation program. 
Sec. 1117. Deployment of magnetic levitation transportation projects. 
Sec. 1118. Recreational trails. 
Sec. 1119. Federal lands highways. 
Sec. 1120. Conservation measures. 
Sec. 1121. Pedestrian and cyclist equity. 
Sec. 1122. National commissions. 
Sec. 1123. Adjustments for the Surface Transportation Extension Act of 2004, 
Part V. 
Sec. 1124. Roadway safety. 
Sec. 1125. Equity requirement. 
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 pro-
gram. 
Sec. 1205. Intelligent transportation systems deployment. 
Sec. 1206. Environmental review of activities that support deployment of intel-
ligent transportation systems. 
Sec. 1207. State assumption of responsibilities for certain programs and projects. 
Sec. 1208. HOV facilities. 
Sec. 1209. Congestion pricing pilot program. 
Sec. 1210. Congestion mitigation and air quality improvement program eligi-
bility. 
Sec. 1211. Special rules for State assumption of responsibilities. 
Sec. 1212. Opening of Interstate ramps. 
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 incentive grants for use of seat belts. 
Sec. 1406. Safety incentives to prevent operation of motor vehicles by intoxicated 
persons. 
Sec. 1407. Repeat offenders for driving while intoxicated. 
Sec. 1408. Repair or replacement of highway features on National Highway Sys-
tem.
Subtitle E—Construction and Contract Efficiencies 
Sec. 1501. Design–build. 
Sec. 1502. Warranty highway construction project pilot program. 
Sec. 1503. Private investment study. 
Sec. 1504. Highways for LIFE pilot program. 
Subtitle F—Finance 
Sec. 1601. Transportation Infrastructure Finance and Innovation Act. 
Sec. 1602. State infrastructure banks. 
Sec. 1603. Interstate System reconstruction and rehabilitation toll pilot program. 
Sec. 1604. Interstate System construction toll pilot program. 
Sec. 1605. Special rules relating to State infrastructure bank program. 
Subtitle G—High Priority Projects 
Sec. 1701. High priority projects program. 
Sec. 1702. Project authorizations. 
Subtitle H—Miscellaneous Provisions 
Sec. 1801. Budget justification. 
Sec. 1802. Motorist information. 
Sec. 1803. Motorist information concerning full-service restaurants. 
Sec. 1804. High priority corridors on the National Highway System. 
Sec. 1805. Additions to Appalachian region. 
Sec. 1806. Transportation assets and needs of Delta region. 
Sec. 1807. Toll facilities workplace safety study. 
Sec. 1808. Pavement marking systems demonstration projects. 
Sec. 1809. Work zone safety grants. 
Sec. 1810. Grant program to prohibit racial profiling. 
Sec. 1811. America’s Byways Resource Center. 
Sec. 1812. Technical adjustment. 
Sec. 1813. Road user charge evaluation pilot project. 
Sec. 1814. Thomas P. ‘‘Tip’’ O’Neill, Jr. Tunnel. 
Sec. 1815. Conforming amendment for transportation planning sections. 
Sec. 1816. Distribution of metropolitan planning funds within States. 
Sec. 1817. Treatment of off ramp. 
Sec. 1818. Loan forgiveness. 
Sec. 1819. Lead agency designation. 
Sec. 1820. Use of debris from demolished bridges and overpasses. 
Sec. 1821. Hubzone program. 
Sec. 1822. Technical amendments to TEA 21 projects. 
Sec. 1823. National Work Zone Safety Information Clearinghouse. 
Sec. 1824. Transportation conformity. 
Sec. 1825. Eligibility to participate in western Alaska community development 
quota program. 
Sec. 1826. Metropolitan regional freight and passenger transportation study. 
Sec. 1827. Intermodal transportation facility expansion. 
Sec. 1828. Advanced truck stop electrification system. 
Sec. 1829. Technology. 
Sec. 1830. Extension of public transit vehicle exemption from axle weight restric-
tions. 
Sec. 1831. Motorcyclist Advisory Council. 
Sec. 1832. Sharing of monetary recoveries. 
Sec. 1833. Eligibility under CMAQ.
Sec. 1834. Sense of Congress regarding Buy America. 
Sec. 1835. Community enhancement study. 
Sec. 1836. Transportation and local workforce investment. 
Sec. 1837. Special rule for fiscal year 2004. 
TITLE II—HIGHWAY SAFETY 
Sec. 2001. Authorization 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 child booster seat incentive grants. 
Sec. 2008. Motorcyclist safety. 
Sec. 2009. Driver fatigue. 
Sec. 2010. Authorization of appropriations for highway safety research and devel-
opment. 
Sec. 2011. Safety data. 
Sec. 2012. Driver performance study. 
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. Project authorizations for new fixed guideway capital projects. 
Sec. 3038. Projects for bus and bus-related facilities. 
Sec. 3039. National fuel cell bus technology development program. 
Sec. 3040. High-intensity small-urbanized area formula grant program. 
Sec. 3041. Allocations for national research and technology programs. 
Sec. 3042. Relationship to other laws. 
Sec. 3043. Cooperative procurement. 
Sec. 3044. Obligation ceiling. 
Sec. 3045. Adjustments for the Surface Transportation Extension Act of 2004, 
Part V. 
Sec. 3046. Special rule for fiscal year 2004. 
TITLE IV—MOTOR CARRIER TRANSPORTATION AND SAFETY 
Subtitle A—Commercial Motor Vehicle Safety 
Sec. 4101. Authorization of appropriations. 
Sec. 4102. Motor carrier safety grants. 
Sec. 4103. Border enforcement grants. 
Sec. 4104. Commercial driver’s license improvements. 
Sec. 4105. Hobbs Act. 
Sec. 4106. Penalty for denial of access to records. 
Sec. 4107. Medical Review Board. 
Sec. 4108. Increased penalties for out-of-service violations and false records. 
Sec. 4109. Commercial vehicle information systems and networks deployment. 
Sec. 4110. Safety fitness. 
Sec. 4111. Pattern of safety violations by motor carrier management. 
Sec. 4112. Motor carrier research and technology program. 
Sec. 4113. International cooperation. 
Sec. 4114. Performance and registration information System management. 
Sec. 4115. Data quality improvement. 
Sec. 4116. Driveaway saddlemount vehicles. 
Sec. 4117. Completion of uniform carrier registration. 
Sec. 4118. Registration of motor carriers and freight forwarders. 
Sec. 4119. Deposit of certain civil penalties into Highway Trust Fund. 
Sec. 4120. Outreach and education. 
Sec. 4121. Insulin treated diabetes mellitus. 
Sec. 4122. Grant program for commercial motor vehicle operators. 
Sec. 4123. Commercial motor vehicle safety advisory committee. 
Sec. 4124. Safety data improvement program. 
Sec. 4125. Commercial driver’s license information System modernization. 
Sec. 4126. Maximum hours of service for operators of ground water well drilling 
rigs. 
Sec. 4127. Safety performance history screening. 
Sec. 4128. Intermodal chassis roadability rule-making. 
Sec. 4129. Substance abuse professionals. 
Sec. 4130. Interstate van operations. 
Sec. 4131. Hours of service for operators of utility service vehicles. 
Sec. 4132. Technical corrections. 
Sec. 4133. Intrastate and foreign operations of interstate motor carriers. 
Sec. 4134. Operators of vehicles transporting agricultural commodities and farm 
supplies.
Sec. 4135. Hours of service rules for operators providing transportation to movie 
production sites. 
Sec. 4136. Special rule for fiscal year 2004. 
Subtitle B—Household Goods Transportation 
Sec. 4201. Federal-State relations relating to transportation of household goods. 
Sec. 4202. Arbitration requirements. 
Sec. 4203. Civil Penalties relating to household goods brokers and unauthorized 
transportation. 
Sec. 4204. Civil penalty for holding household goods hostage. 
Sec. 4205. Working group for development of practices and procedures to enhance 
Federal-State relations. 
Sec. 4206. Consumer handbook on DOT web site. 
Sec. 4207. Release of household goods broker information. 
Sec. 4208. Consumer complaint information. 
Sec. 4209. Insurance regulations. 
Sec. 4210. Estimating requirements. 
Sec. 4211. Application of State consumer protection laws to certain household 
goods carriers. 
Sec. 4212. Applicability to household goods motor carriers. 
Sec. 4213. Violations of Out-of-Service Orders. 
Sec. 4214. Criminal penalty for holding goods hostage. 
TITLE V—TRANSPORTATION RESEARCH AND EDUCATION 
Subtitle A—Funding 
Sec. 5101. Authorization of appropriations. 
Sec. 5102. Obligation ceiling. 
Sec. 5103. Findings. 
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 research 
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. 
Sec. 5212. Motor carrier efficiency study. 
Sec. 5213. Transportation research and development strategic planning. 
Sec. 5214. Limitation on remedies for future strategic highway research program. 
Sec. 5215. Center for Transportation Advancement and Regional Development. 
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. 
Sec. 5502. Reports of 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. Road weather research and development program. 
Sec. 5608. Definitions. 
Sec. 5609. Rural interstate corridor communications study. 
Sec. 5610. Centers for surface transportation excellence. 
Sec. 5611. Repeal. 
Sec. 5612. Special rule for fiscal year 2004. 
TITLE VI—TRANSPORTATION PLANNING AND PROJECT DELIVERY 
Sec. 6001. Transportation planning. 
Sec. 6002. Efficient environmental reviews for project decisionmaking. 
Sec. 6003. Policy on historic sites. 
Sec. 6004. Exemption of Interstate System. 
Sec. 6005. Interstate compacts. 
Sec. 6006. Development of transportation plan. 
Sec. 6007. Interstate agreements. 
Sec. 6008. Regulations relating to transportation planning. 
Sec. 6009. Special rules relating to project development procedures. 
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, 
$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 section 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, $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, 
$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, $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 2005 through 2009. 
(17) HIGH PRIORITY PROJECTS PROGRAM.—For 
the high priority projects program under section 117 
of title 23, United States Code, $2,496,450,000 for fis-
cal year 2005, $2,244,550,000 for fiscal year 2006, 
$2,143,250,000 for fiscal year 2007, $2,192,450,000 
for fiscal year 2008, and $2,050,450,000 for fiscal 
year 2009. 
(18) FREIGHT
INTERMODAL
CONNECTOR
PRO-
GRAM.—For the freight intermodal connector program 
under section 1303 of this title, $250,000,000 for fis-
cal 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, 
$105,000,000 for fiscal 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, $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, $25,000,000 for each of fis-
cal years 2005 through 2009. 
(22) DEDICATED TRUCK LANES.—For dedicated 
truck lanes under section 1305 of this title, 
$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, $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) $33,643,000,000 for fiscal year 2004; 
(2) $34,412,000,000 for fiscal year 2005; 
(3) $36,287,100,000 for fiscal year 2006; 
(4) $37,616,700,000 for fiscal year 2007; 
(5) $38,876,400,000 for fiscal year 2008; and
(6) $40,231,500,000 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