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size vehicle permits, overweight vehicle per-
mits, carrier registration, and hazardous 
materials permits; 
(ii) connect to such plan and agree-
ment clearinghouses; and 
(iii) have at least 10 percent of the 
credentialing transaction volume in the 
State handled electronically and have the 
capability to add more carriers and to ex-
tend to branch offices where applicable. 
(C) Roadside electronic screening to elec-
tronically screen transponder-equipped commer-
cial vehicles at a minimum of one fixed or mo-
bile inspection site in the State and to replicate 
this screening at other sites in the State. 
(4) EXPANDED DEPLOYMENT.—The term ‘‘ex-
panded deployment’’ means the deployment of sys-
tems in a State that exceed the requirements of a 
core deployment of commercial vehicle information 
systems and networks, improve safety and the pro-
ductivity of commercial motor vehicle operations, 
and enhance transportation security. 
(h) REPEAL.—Section 5209 of the Transportation 
Equity Act for the 21st Century (23 U.S.C. 502 note; 112 
Stat. 460–461) is repealed.
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SEC. 4110. SAFETY FITNESS. 
(a) IN GENERAL.—Section 31144(a) of title 49, 
United States Code, is amended to read as follows: 
‘‘(a) IN GENERAL.—The Secretary shall— 
‘‘(1) determine whether an owner or operator is 
fit to operate safely commercial motor vehicles, uti-
lizing among other things the accident record of an 
owner or operator operating in interstate commerce 
and the accident record and safety inspection record 
of such owner or operator in operations that affect 
interstate commerce; 
‘‘(2) periodically update such safety fitness de-
terminations; 
‘‘(3) make such final safety fitness determina-
tions readily available to the public; and 
‘‘(4) prescribe by regulation penalties for viola-
tions of this section consistent with section 521.’’. 
(b) PROHIBITED TRANSPORTATION.—The first sub-
section (c) of such section 31144 is amended by adding 
at the end the following: 
‘‘(5) 
TRANSPORTATION
AFFECTING
INTER-
STATE COMMERCE.—Owners or operators of com-
mercial motor vehicles prohibited from operating in 
interstate commerce pursuant to paragraphs (1) 
through (3) may not operate any commercial motor 
vehicle that affects interstate commerce until the
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Secretary determines that such owner or operator is 
fit.’’. 
(c) DETERMINATION OF UNFITNESS BY A STATE.— 
Such section 31144 is further amended— 
(1) by redesignating subsections (d), (e), and 
the second subsection (c) as subsections (e), (f), and 
(g), respectively; 
(2) by inserting after the first subsection (c) 
the following: 
‘‘(d) DETERMINATION OF UNFITNESS BY A STATE.— 
If a State that receives a grant under section 31102 deter-
mines, by applying the standards prescribed by the Sec-
retary under subsection (b), that an owner or operator of 
commercial motor vehicles that has its principal place of 
business in that State and operates in intrastate com-
merce is unfit under such standards and prohibits the 
owner or operator from operating such vehicles in the 
State, the Secretary shall prohibit the owner or operator 
from operating such vehicles in interstate commerce until 
the State determines that the owner or operator is fit.’’; 
and 
(3) in subsection (g) (as redesignated by para-
graph (1) of this subsection) by adding at the end 
the following:
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‘‘(5) GRANTS FOR AUDITS.—From amounts de-
ducted under section 31104(f)(3), the Secretary may 
make grants to States and local governments for 
new entrant motor carrier audits under this sub-
section without requiring a matching contribution 
from such States or local governments. 
‘‘(6) DOT AUDITS.—If the Secretary deter-
mines that a State or local government is unable to 
use government employees to conduct new entrant 
motor carrier audits, the Secretary may utilize the 
funds deducted under section 31104(f)(3) to conduct 
such audits in areas under the jurisdiction of such 
State or local government.’’. 
SEC. 4111. PATTERN OF SAFETY VIOLATIONS BY MOTOR 
CARRIER OR BROKER MANAGEMENT. 
(a) DUTIES OF EMPLOYERS AND EMPLOYEES.—Sec-
tion 31135 of title 49, United States Code, is amended— 
(1) by inserting ‘‘(a) IN GENERAL.—’’ before 
‘‘Each’’; and 
(2) by adding at the end the following: 
‘‘(b) PATTERN OF NONCOMPLIANCE.—If an officer of 
a motor carrier or broker engages in a pattern or practice 
of avoiding compliance, or masking or otherwise con-
cealing noncompliance, with regulations prescribed under 
this chapter, the Secretary may suspend, amend, or revoke
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any part of the registration of the motor carrier or broker 
under section 13905. 
‘‘(c) LIST OF PROPOSED OFFICERS.—Each person 
seeking registration as a motor carrier under section 
13902 or as a broker under section 13904 shall submit 
a list of the proposed officers of the motor carrier or 
broker. If the Secretary determines that any of the pro-
posed officers has previously engaged in a pattern or prac-
tice of avoiding compliance, or masking or otherwise con-
cealing noncompliance, with regulations prescribed under 
this chapter, the Secretary may deny the person’s applica-
tion for registration as a motor carrier under section 
13902(a)(3) or as a broker under section 13904(a). 
‘‘(d) REGULATIONS.—The Secretary shall by regula-
tion establish standards to implement subsections (b) and 
(c) and a procedure to allow a person who is denied reg-
istration under subsection (c) or whose registration is sus-
pended, amended, or revoked under subsection (b) to rem-
edy the pattern or practice that results in the denial, sus-
pension, amendment, or revocation. 
‘‘(e) DEFINITIONS.—In this section, the following 
definitions shall apply: 
‘‘(1) MOTOR
CARRIER
AND
BROKER.—The 
terms ‘motor carrier’ and ‘broker’ have the meanings 
such terms have under section 13102.
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‘‘(2) OFFICER.—The term ‘officer’ means an 
owner, chief executive officer, chief operating officer, 
chief financial officer, safety director, vehicle mainte-
nance supervisor, and driver supervisor of a motor 
carrier, regardless of the title attached to those 
functions.’’. 
(b) 
MOTOR
CARRIER
REGISTRATION.—Section 
13902(a)(1)(B) of such title is amended to read as follows: 
‘‘(B)(i) any safety regulations imposed by 
the Secretary; 
‘‘(ii) the duties of employers and employees 
established by the Secretary under section 
31135; and 
‘‘(iii) the safety fitness requirements estab-
lished by the Secretary under section 31144; 
and’’. 
SEC. 4112. MOTOR CARRIER RESEARCH AND TECHNOLOGY 
PROGRAM. 
(a) IN GENERAL.—Section 31108 of title 49, United 
States Code, is amended to read as follows: 
‘‘§ 31108. Motor carrier research and technology pro-
gram 
‘‘(a) RESEARCH, TECHNOLOGY, AND TECHNOLOGY 
TRANSFER ACTIVITIES.—
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‘‘(1) 
ESTABLISHMENT.—The 
Secretary 
of 
Transportation shall establish and carry out a motor 
carrier research and technology program. 
‘‘(2) MULTI-YEAR PLAN.—The program must 
include a multi-year research plan that focuses on 
nonredundant innovative research. 
‘‘(3) RESEARCH, DEVELOPMENT, AND
TECH-
NOLOGY TRANSFER ACTIVITIES.—The Secretary may 
carry out under the program research, development, 
technology, and technology transfer activities with 
respect to— 
‘‘(A) the causes of accidents, injuries, and 
fatalities involving commercial motor vehicles; 
‘‘(B) means of reducing the number and 
severity of accidents, injuries, and fatalities in-
volving commercial motor vehicles; 
‘‘(C) improving commercial motor vehicle 
and motor carrier safety, and industry effi-
ciency, through technological improvement; 
‘‘(D) improving technology used by en-
forcement officers when conducting roadside in-
spections and compliance reviews to increase ef-
ficiency and information transfers; and 
‘‘(E) increasing the safety and security of 
hazardous materials transportation.
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‘‘(4) TESTS
AND
DEVELOPMENT.—The Sec-
retary may test, develop, or assist in testing and de-
veloping any material, invention, patented article, or 
process related to the research and technology pro-
gram. 
‘‘(5) TRAINING.—The Secretary may use the 
funds made available to carry out this section for 
training or education of commercial motor vehicle 
safety personnel, including training in accident re-
construction and detection of controlled substances 
or other contraband and stolen cargo or vehicles. 
‘‘(6) PROCEDURES.—The Secretary may carry 
out this section— 
‘‘(A) independently; 
‘‘(B) in cooperation with other Federal de-
partments, agencies, and instrumentalities and 
Federal laboratories; or 
‘‘(C) by making grants to, or entering into 
contracts, cooperative agreements, and other 
transactions with, any Federal laboratory, State 
agency, authority, association, institution, for- 
profit or nonprofit corporation, organization, 
foreign country, or person. 
‘‘(7) DEVELOPMENT AND PROMOTION OF USE 
OF PRODUCTS.—The Secretary shall use funds made
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available to carry out this section to develop, admin-
ister, communicate, and promote the use of products 
of research, technology, and technology transfer pro-
grams under this section. 
‘‘(b) COLLABORATIVE RESEARCH
AND DEVELOP-
MENT.— 
‘‘(1) IN GENERAL.—To advance innovative solu-
tions to problems involving commercial motor vehicle 
and motor carrier safety, security, and efficiency, 
and to stimulate the deployment of emerging tech-
nology, the Secretary may carry out, on a cost- 
shared basis, collaborative research and development 
with— 
‘‘(A) non-Federal entities, including State 
and local governments, foreign governments, 
colleges and universities, corporations, institu-
tions, partnerships, and sole proprietorships 
that are incorporated or established under the 
laws of any State; and 
‘‘(B) Federal laboratories. 
‘‘(2) COOPERATIVE AGREEMENTS.—In carrying 
out this subsection, the Secretary may enter into co-
operative research and development agreements (as 
defined in section 12 of the Stevenson-Wydler Tech-
nology Innovation Act of 1980 (15 U.S.C. 3710a)).
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‘‘(3) COST SHARING.— 
‘‘(A) 
FEDERAL
SHARE.—The 
Federal 
share of the cost of activities carried out under 
a cooperative research and development agree-
ment entered into under this subsection shall 
not exceed 50 percent; except that, if there is 
substantial public interest or benefit associated 
with any such activity, the Secretary may ap-
prove a greater Federal share. 
‘‘(B) TREATMENT OF DIRECTLY INCURRED 
NON-FEDERAL
COSTS.—All costs directly in-
curred by the non-Federal partners, including 
personnel, travel, and hardware or software de-
velopment costs, shall be credited toward the 
non-Federal share of the cost of the activities 
described in subparagraph (A). 
‘‘(4) USE OF TECHNOLOGY.—The research, de-
velopment, or use of a technology under a coopera-
tive research and development agreement entered 
into under this subsection, including the terms 
under which the technology may be licensed and the 
resulting royalties may be distributed, shall be sub-
ject to the Stevenson-Wydler Technology Innovation 
Act of 1980 (15 U.S.C. 3701 et seq.).’’.
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(b) CONFORMING AMENDMENT.—The analysis for 
chapter 311 of such title is amended by striking the item 
relating to section 31108 and inserting the following: 
‘‘31108. Motor carrier research and technology program.’’. 
SEC. 4113. INTERNATIONAL COOPERATION. 
(a) IN GENERAL.—Chapter 311 of title 49, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘SUBCHAPTER IV—MISCELLANEOUS 
‘‘§ 31161. International cooperation 
‘‘The Secretary of Transportation is authorized to 
use funds made available by section 31104(i) to partici-
pate and cooperate in international activities to enhance 
motor carrier, driver, and highway safety by such means 
as exchanging information, conducting research, and ex-
amining needs, best practices, and new technology.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such 
chapter is amended by adding at the end the following: 
‘‘SUBCHAPTER IV—MISCELLANEOUS 
‘‘31161. International cooperation.’’. 
SEC. 4114. PERFORMANCE AND REGISTRATION INFORMA-
TION SYSTEM MANAGEMENT. 
(a) DESIGN AND CONDITIONS FOR PARTICIPATION.— 
Section 31106(b) of title 49, United States Code, is 
amended by striking paragraphs (2), (3), and (4) and in-
serting the following:
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‘‘(2) DESIGN.—The program shall link Federal 
motor carrier safety information systems with State 
commercial vehicle registration and licensing systems 
and shall be designed to enable a State to— 
‘‘(A) determine the safety fitness of a 
motor carrier or registrant when licensing or 
registering the registrant or motor carrier or 
while the license or registration is in effect; and 
‘‘(B) deny, suspend, or revoke the commer-
cial motor vehicle registrations of a motor car-
rier or registrant that has been issued an oper-
ations out-of-service order by the Secretary. 
‘‘(3) CONDITIONS
FOR
PARTICIPATION.—The 
Secretary shall require States, as a condition of par-
ticipation in the program, to— 
‘‘(A) comply with the uniform policies, pro-
cedures, and technical and operational stand-
ards prescribed by the Secretary under sub-
section (a)(4); and 
‘‘(B) possess or seek the authority to deny, 
suspend, or revoke commercial motor vehicle 
registrations based on the issuance of an oper-
ations out-of-service order by the Secretary.’’. 
(b) PERFORMANCE
AND REGISTRATION INFORMA-
TION SYSTEM MANAGEMENT GRANTS.—
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(1) IN GENERAL.—Subchapter I of chapter 311 
of title 49, United States Code, is further amended 
by adding at the end the following: 
‘‘§ 31109. Performance and registration information 
system management 
‘‘(a) IN GENERAL.—The Secretary of Transportation 
may make a grant to a State to implement the perform-
ance and registration information system management re-
quirements of section 31106(b). 
‘‘(b) AVAILABILITY OF AMOUNTS.—Amounts made 
available to a State under this section shall remain avail-
able until expended.’’. 
(2) CONFORMING AMENDMENT.—The analysis 
for such subchapter is amended by adding at the 
end the following: 
‘‘31109. Performance and registration information system management.’’. 
SEC. 4115. DATA QUALITY IMPROVEMENT. 
Section 31106(a)(3) of title 49, United States Code, 
is amended— 
(1) by striking ‘‘and’’ at the end of subpara-
graph (D); 
(2) by striking the period at the end of sub-
paragraph (E) and inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(F) ensure, to the maximum extent prac-
tical, all the data is complete, timely, and accu-
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rate across all information systems and initia-
tives; and 
‘‘(G) establish and implement a national 
motor carrier safety data correction system.’’. 
SEC. 4116. DRIVEAWAY SADDLEMOUNT VEHICLES. 
(a) DEFINITION.—Section 31111(a) of tile 49, 
United States Code, is amended by adding at the end of 
the following: 
‘‘(4) 
DRIVE-AWAY
SADDLEMOUNT
WITH 
FULLMOUNT
VEHICLE
TRANSPORTER
COMBINA-
TION.—The term ‘drive-away saddlemount with 
fullmount vehicle transporter combination’ means a 
vehicle combination designed and specifically used to 
tow up to 3 trucks or truck tractors, each connected 
by a saddle to the frame or fifth-wheel of the for-
ward vehicle of the truck or truck tractor in front 
of it.’’. 
(b) GENERAL LIMITATIONS.—Section 31111(b)(1) of 
such title is amended— 
(1) by redesignating subparagraphs (D) and 
(E) as subparagraphs (E) and (F), respectively; and 
(2) by inserting after subparagraph (C) the fol-
lowing: 
‘‘(D) imposes a vehicle length limitation of not 
less than or more than 97 feet on a driveaway
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saddlemount with fullmount vehicle transporter com-
binations;’’. 
SEC. 4117. COMPLETION OF UNIFORM CARRIER REGISTRA-
TION. 
(a) IN GENERAL.—Section 14504 of title 49, United 
States Code, and the item relating to such section in anal-
ysis for chapter 145 of such title, are repealed. 
(b) CONFORMING AMENDMENTS.—Section 13908 of 
such title is amended— 
(1) in subsection (a) by striking ‘‘the single 
State registration system under section 14504,’’; 
(2) in subsection (b)— 
(A) by striking paragraphs (2) and (3); 
and 
(B) by redesignating paragraphs (4), (5), 
and (6) as paragraphs (2), (3), and (4), respec-
tively; 
(3) by striking subsection (d); and 
(4) by striking ‘‘(e) DEADLINE FOR CONCLU-
SION; MODIFICATION.—’’ and all that follows 
through ‘‘1996,’’ and inserting the following: 
‘‘(d) DEADLINE FOR COMPLETION.—Not later than 
1 year after the date of enactment of the Transportation 
Equity Act: A Legacy for Users,’’.
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SEC. 4118. REGISTRATION OF MOTOR CARRIERS AND 
FREIGHT FORWARDERS. 
(a) DEFINITIONS RELATING TO MOTOR CARRIERS.— 
Paragraphs (6), (7), (12), and (13) of section 13102 of 
title 49, United States Code, are each amended by striking 
‘‘motor vehicle’’ and inserting ‘‘commercial motor vehicle 
(as defined in section 31132)’’. 
(b) FREIGHT FORWARDERS.—Section 13903(a) of 
title 49, United States Code, is amended— 
(1) by striking ‘‘The Secretary’’ and inserting 
the following: 
‘‘(1) HOUSEHOLD GOODS.—The Secretary’’; 
(2) by inserting ‘‘of household goods’’ after 
‘‘freight forwarder’’; and 
(3) by adding at the end the following: 
‘‘(2) OTHERS.—The Secretary may register a 
person to provide service subject to jurisdiction 
under subchapter III of chapter 135 as a freight for-
warder (other than a freight forwarder of household 
goods) if the Secretary finds that such registration 
is needed for the protection of shippers and that the 
person is fit, willing, and able to provide the service 
and to comply with this part and applicable regula-
tions of the Secretary and Board.’’.
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SEC. 4119. DEPOSIT OF CERTAIN CIVIL PENALTIES INTO 
HIGHWAY TRUST FUND. 
Sections 31138(d)(5) and 31139(f)(5) of title 49, 
United States Code, are each amended by striking ‘‘Treas-
ury as miscellaneous receipts’’ and inserting ‘‘Highway 
Trust Fund (other than the Mass Transit Account)’’. 
SEC. 4120. OUTREACH AND EDUCATION. 
(a) IN GENERAL.—The Secretary shall conduct, 
through any combination of grants, contracts, or coopera-
tive agreements, an outreach and education program to 
be administered by the Federal Motor Carrier Safety Ad-
ministration and the National Highway Traffic Safety Ad-
ministration. 
(b) PROGRAM ELEMENTS.—The program shall in-
clude, at a minimum, the following: 
(1) A program to promote a more comprehen-
sive and national effort to educate commercial motor 
vehicle drivers and passenger vehicle drivers about 
how commercial motor vehicle drivers and passenger 
vehicle drivers can more safely share the road with 
each other. 
(2) A program to promote enhanced traffic en-
forcement efforts aimed at reducing the incidence of 
the most common unsafe driving behaviors that 
cause or contribute to crashes involving commercial 
motor vehicles and passenger vehicles.
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(3) A program to establish a public-private 
partnership to provide resources and expertise for 
the development and dissemination of information 
relating to sharing the road referred to in para-
graphs (1) and (2) to each partner’s constituents 
and to the general public through the use of bro-
chures, videos, paid and public advertisements, the 
Internet, and other media. 
(c) FEDERAL SHARE.—The Federal share of a pro-
gram or activity for which a grant is made under this sec-
tion shall be 100 percent of the cost of such program or 
activity. 
(d) ANNUAL REPORT.—The Secretary shall prepare 
and transmit to Congress an annual report on the pro-
grams and activities carried out under this section. 
(e) FUNDING.—From amounts made available under 
section 31104(i) of title 49, United States Code, the Sec-
retary shall make available $1,000,000 to the Federal 
Motor Carrier Safety Administration, and $3,000,000 to 
the National Highway Traffic Safety Administration, for 
each of fiscal years 2005, 2006, 2007, 2008, and 2009 
to carry out this section. 
SEC. 4121. INSULIN TREATED DIABETES MELLITUS. 
(a) NO PERIOD OF COMMERCIAL DRIVING WHILE 
USING INSULIN REQUIRED FOR QUALIFICATION.—The
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Secretary may not require individuals with insulin-treated 
diabetes mellitus who are applying for an exemption from 
the physical qualification standards to have experience op-
erating commercial motor vehicles while using insulin in 
order to be exempted from the physical qualification 
standards to operate a commercial motor vehicle in inter-
state commerce. 
(b) MINIMUM PERIOD OF INSULIN USE.—Subject to 
subsection (a), the Secretary shall require individuals with 
insulin-treated diabetes mellitus to have a minimum period 
of insulin use to demonstrate stable control of diabetes 
before operating a commercial motor vehicle in interstate 
commerce. For individuals who have been newly diagnosed 
with type 1 diabetes, the minimum period of insulin use 
may not exceed 2 months, unless directed by the treating 
physician. For individuals who have type 2 diabetes and 
are converting to insulin use, the minimum period of insu-
lin use may not exceed 1 month, unless directed by the 
treating physician. 
(c) LIMITATIONS.—Insulin-treated individuals may 
not be held by the Secretary to a higher standard of phys-
ical qualification in order to operate a commercial motor 
vehicle in interstate commerce than other individuals ap-
plying to operate, or operating, a commercial motor vehicle 
in interstate commerce; except to the extent that limited
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operating, monitoring, and medical requirements are 
deemed medically necessary under regulations issued by 
the Secretary. 
SEC. 4122. GRANT PROGRAM FOR COMMERCIAL MOTOR VE-
HICLE OPERATORS. 
(a) ESTABLISHMENT.—The Secretary shall establish 
a grant program for training operators of commercial 
motor vehicles (as defined in section 31301 of title 49, 
United States Code). The purpose of the program shall 
be to train operators and future operators in the safe use 
of such vehicle. 
(b) FEDERAL SHARE.—The Federal share of the cost 
for which a grant is made under this section shall be 80 
percent. 
(c) FUNDING.—From amounts made available under 
section 31104(i) of title 49, United States Code, the Sec-
retary shall make available $1,000,000 for each of fiscal 
years 2005, 2006, 2007, 2008, and 2009 to carry out this 
section. 
SEC. 4123. COMMERCIAL MOTOR VEHICLE SAFETY ADVI-
SORY COMMITTEE. 
(a) ESTABLISHMENT.—The Secretary shall establish 
a commercial motor vehicle safety advisory committee to 
provide advice and recommendations to the Secretary on 
commercial motor vehicle safety regulations and other
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matters relating to activities and functions of the Federal 
Motor Carrier Safety Administration. 
(b) COMPOSITION.—The members of the advisory 
committee shall be appointed by the Secretary and shall 
include representatives of the motor carrier industry, driv-
ers, safety advocates, manufacturers, safety enforcement 
officials, law enforcement agencies of border States, and 
other individuals affected by rulemakings under consider-
ation by the Department of Transportation. Representa-
tives of a single interest group may not constitute a major-
ity of the members of the advisory committee. 
(c) TERMINATION DATE.—The advisory committee 
shall remain in effect until September 30, 2009. 
SEC. 4124. SAFETY DATA IMPROVEMENT PROGRAM. 
(a) IN GENERAL.—The Secretary shall make grants 
to States for projects and activities to improve the accu-
racy, timeliness, and completeness of commercial motor 
vehicle safety data reported to the Secretary. 
(b) ELIGIBILITY.—A State shall be eligible for a 
grant under this section in a fiscal year if the Secretary 
determines that the State has— 
(1) conducted a comprehensive audit of its com-
mercial motor vehicle safety data system within the 
preceding 2 years;
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(2) developed a plan that identifies and 
prioritizes its commercial motor vehicle safety data 
needs and goals; and 
(3) identified performance-based measures to 
determine progress toward those goals. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated from the Highway Trust 
Fund (other than the Mass Transit Account) to carry out 
this section $3,000,000 for each of fiscal years 2005 
through 2009. 
(d) APPLICABILITY OF TITLE 23, UNITED STATES 
CODE.—Funds authorized to be appropriated by this sec-
tion shall be available for obligation in the same manner 
as if such funds were apportioned under chapter 1 of title 
23, United States Code, except that the Federal share of 
the cost of a project or activity carried out using such 
funds shall be 80 percent and such funds shall remain 
available until expended. 
(e) BIENNIAL REPORT.—Not later 2 years after the 
date of enactment of this Act, and biennially thereafter, 
the Secretary shall transmit to Congress a report on the 
activities and results of the program carried out under this 
section, together with any recommendations the Secretary 
determines appropriate.
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SEC. 4125. COMMERCIAL DRIVER’S LICENSE INFORMATION 
SYSTEM MODERNIZATION. 
(a) GENERAL
AUTHORITY.—The Secretary may 
make a grant to a State or organization representing 
agencies and officials of a State in a fiscal year to mod-
ernize its commercial driver’s license information system 
in accordance with subsection (c) if the State is in sub-
stantial compliance with the requirements of section 
31311 of title 49, United States Code, and this section, 
as determined by the Secretary. The Secretary shall estab-
lish criteria for the distribution of grants and notify each 
State annually of such criteria. 
(b) MODERNIZATION PLAN.—No later than 120 days 
after the date of enactment of this Act, the Secretary shall 
publish a comprehensive national plan to modernize the 
commercial driver’s license information system. The plan 
shall be developed in consultation with representatives of 
the motor carrier industry, State safety enforcement agen-
cies, and State licensing agencies designated by the Sec-
retary. 
(c) USE OF GRANT.—A State may use a grant under 
this section only to implement improvements that are con-
sistent with the modernization plan developed by the Sec-
retary. 
(d) PILOT PROGRAM.—
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(1) IN GENERAL.—The Secretary may conduct 
with grants under this section a 3-year pilot pro-
gram in no more than 3 States to evaluate a system 
for sharing driver’s license information on all com-
mercial and noncommercial driver’s licenses issued 
in each participating State. 
(2) FUNDING.—The Secretary may use no more 
than 50 percent of the funds available to carry out 
this section for the pilot program in any fiscal year. 
(3) REPORT.—Not later than 1 year after the 
last day of the pilot program, the Secretary shall 
transmit to Congress a report on the results of the 
pilot program. 
(e) GOVERNMENT SHARE.—A grant under this sec-
tion to a State or organization may not be for more than 
80 percent of the costs incurred by the State or organiza-
tion in a fiscal year in implementing the modernization 
program developed by the Secretary. In determining these 
costs, the Secretary shall include in-kind contributions of 
the State. 
(f) FUNDING.—There are authorized to be appro-
priated from the Highway Trust Fund (other than the 
Mass Transit Account) to carry out this section— 
(1) $6,000,000 for fiscal year 2005; 
(2) $6,000,000 for fiscal year 2006;
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(3) $6,000,000 for fiscal year 2007; 
(4) $6,000,000 for fiscal year 2008; and 
(5) $6,000,000 for fiscal year 2009. 
(g) CONTRACT AUTHORITY AND AVAILABILITY.— 
(1) PERIOD OF AVAILABILITY.—The amounts 
made available under subsection (f) shall remain 
available until expended. 
(2) INITIAL DATE OF AVAILABILITY.—Amounts 
authorized to be appropriated from the Highway 
Trust Fund (other than the Mass Transit Account) 
by subsection (f) shall be available for obligation on 
the date of their apportionment or allocation or on 
October 1 of the fiscal year for which they are au-
thorized, whichever occurs first. 
(3) CONTRACT AUTHORITY.—Approval by the 
Secretary of a grant with funds made available 
under subsection (f) imposes upon the United States 
a contractual obligation for payment of the Govern-
ment’s share of costs incurred in carrying out the 
objectives of the grant. 
SEC. 4126. MAXIMUM HOURS OF SERVICE FOR OPERATORS 
OF GROUND WATER WELL DRILLING RIGS. 
Section 345(a)(2) of the National Highway System 
Designation Act of 1995 (49 U.S.C. 31136 note; 109 Stat 
613) is amended by adding at the end the following: ‘‘Ex-
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cept as required in section 395.3 of title 49, Code of Fed-
eral Regulations, as in effect on the date of enactment 
of this sentence, no additional off-duty time shall be re-
quired in order to operate such vehicle.’’. 
SEC. 4127. SAFETY PERFORMANCE HISTORY SCREENING. 
(a) IN GENERAL.—The Secretary shall provide per-
sons conducting preemployment screening services for the 
motor carrier industry electronic access to the following 
reports contained in the Motor Carrier Management Infor-
mation System: 
(1) Commercial motor vehicle accident reports. 
(2) Inspection reports that contain no driver-re-
lated safety violations. 
(3) Serious driver-related safety violation in-
spection reports. 
(b) CONDITIONS
ON PROVIDING ACCESS.—Before 
providing a person access to the Motor Carrier Manage-
ment Information System under subsection (a), the Sec-
retary shall— 
(1) ensure that any information that is released 
to such person will be in accordance with the Fair 
Credit Reporting Act (15 U.S.C. 1681 et seq.) and 
all other applicable Federal law;
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(2) ensure that such person will not conduct a 
screening without the operator-applicant’s written 
consent; 
(3) ensure that any information that is released 
to such person will not be released to any person or 
entity, other than the motor carrier requesting the 
screening services or the operator-applicant, unless 
expressly authorized or required by law; and 
(4) provide a procedure for the operator-appli-
cant to correct inaccurate information in the System 
in a timely manner. 
(c) DESIGN.—The process for providing access to the 
Motor Carrier Management Information System under 
subsection (a) shall be designed to assist the motor carrier 
industry in assessing an individual operator’s crash and 
serious safety violation inspection history as a preemploy-
ment condition. Use of the process shall not be mandatory 
and may only be used during the preemployment assess-
ment of an operator-applicant. 
(d) SERIOUS OPERATOR-RELATED SAFETY VIOLA-
TION DEFINED.—In this section, the term ‘‘serious oper-
ator-related violation’’ means a violation by an operator 
of a commercial motor vehicle (as defined in section 31102 
of title 49, United States Code) that the Secretary deter-
mines will result in the operator being prohibited from
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continuing to operate a commercial motor vehicle until the 
violation is corrected. 
SEC. 4128. INTERMODAL CHASSIS ROADABILITY RULE-MAK-
ING. 
(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this Act, the Secretary, after pro-
viding notice and opportunity for comment, shall issue 
regulations establishing a program to ensure that inter-
modal equipment used to transport intermodal containers 
are safe. 
(b) MOTOR CARRIER SAFETY REGULATIONS.—The 
regulations under this section shall be issued as part of 
the Federal motor carrier safety regulations of the De-
partment of Transportation. 
(c) CONTENTS.—The regulations issued under this 
section shall include, at a minimum— 
(1) a requirement to identify providers of inter-
modal equipment that is interchanged or intended 
for interchange to motor carriers in intermodal 
transportation; 
(2) a requirement to match such intermodal 
equipment readily to the intermodal equipment pro-
vider through a unique identifying number;
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(3) a requirement to ensure that each inter-
modal equipment provider maintains a system of 
maintenance and repair records for such equipment; 
(4) a requirement to evaluate the compliance of 
intermodal equipment providers with the applicable 
Federal motor carrier safety regulations; 
(5) a provision that— 
(A) establishes a civil penalty structure 
consistent with section 521(b) of title 49, 
United States Code, for intermodal equipment 
providers that fail to attain satisfactory compli-
ance with applicable Federal motor carrier safe-
ty regulations; and 
(B) prohibits intermodal equipment pro-
viders from placing intermodal equipment on 
the public highways if such providers are found 
to pose an imminent hazard; 
(6) a process by which motor carriers and 
agents of motor carriers may petition the Federal 
Motor Carrier Safety Administration to undertake 
an investigation of a noncompliant intermodal equip-
ment provider; and 
(7) an inspection and audit program of inter-
modal equipment providers.
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(d) DEADLINE FOR RULEMAKING PROCEEDING.— 
The regulations under this section shall be issued pursu-
ant to a rulemaking proceeding initiated not later than 
90 days after the date of enactment of this Act. 
(e) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) 
INTERMODAL
EQUIPMENT.—The 
term 
‘‘intermodal equipment’’ means equipment that is 
commonly used in the intermodal transportation of 
freight over public highways in interstate commerce 
(as defined in section 31132 of title 49, United 
States Code), including trailers, chassis, and any as-
sociated devices. 
(2) INTERMODAL EQUIPMENT PROVIDER.—The 
term ‘‘intermodal equipment provider’’ means any 
person with any legal right, title, or interest in inter-
modal equipment that interchanges such equipment 
to a motor carrier. 
(3) INTERCHANGE.—The term ‘‘interchange’’ 
means the act of providing intermodal equipment to 
a motor carrier for the purpose of transporting the 
equipment for loading or unloading by any person or 
repositioning the equipment for the benefit of the 
equipment provider. Such term does not include the 
leasing of equipment to a motor carrier for use in
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the motor carrier’s over-the-road freight hauling op-
erations. 
(f) INSPECTION, REPAIR, AND MAINTENANCE
OF 
INTERMODAL EQUIPMENT.—Section 31136 of title 49, 
United States Code, is amended by adding at the end the 
following: 
‘‘(g) INSPECTION, REPAIR, AND MAINTENANCE OF 
INTERMODAL EQUIPMENT.—The Secretary, or an em-
ployee of the Department of Transportation designated by 
the Secretary, may inspect intermodal equipment, and 
copy related maintenance and repair records for such 
equipment, on demand and display of proper credentials 
to inspect intermodal equipment.’’. 
(g) JURISDICTION OVER EQUIPMENT PROVIDERS.— 
Section 31132(1) of such title is amended by inserting 
after ‘‘towed vehicle’’ the following: ‘‘(including intermodal 
equipment, including trailers, chassis and associated de-
vices, commonly used for the transportation of intermodal 
freight via highway)’’. 
SEC. 4129. SUBSTANCE ABUSE PROFESSIONALS. 
The Secretary shall conduct a rulemaking to permit 
State licensed or certified mental health counselors or ad-
diction specialists certified by the American Academy of 
Health Care Providers in the Addictive Disorders to act
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as substance abuse professionals under subpart O of part 
40 of title 49, Code of Federal Regulations. 
SEC. 4130. INTERSTATE VAN OPERATIONS. 
The Federal motor carrier safety regulations (other 
than regulations relating to commercial drivers license and 
drug and alcohol testing requirements) shall apply to all 
interstate operations of commercial motor vehicles used to 
transport between 9 and 15 passengers (including the 
driver), regardless of the distance traveled. 
SEC. 4131. HOURS OF SERVICE FOR OPERATORS OF UTIL-
ITY SERVICE VEHICLES. 
Section 345 of the National Highway System Des-
ignation Act of 1995 (49 U.S.C. 31136 note; 109 sTAT. 
613) is amended— 
(1) in subsection (a) by striking paragraph (4) 
and inserting the following: 
‘‘(4) OPERATORS OF UTILITY SERVICE VEHI-
CLES.— 
‘‘(A) INAPPLICABILITY OF FEDERAL REGU-
LATIONS.—Such regulations shall not apply to 
a driver of a utility service vehicle. 
‘‘(B) PROHIBITION
ON
STATE
REGULA-
TIONS.—A State, a political subdivision of a 
State, an interstate agency, or other entity con-
sisting of 2 or more States, shall not enact or
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enforce any law, rule, regulation, or standard 
that imposes requirements on a driver of a util-
ity service vehicle that are similar to the re-
quirements contained in such regulations.’’. 
(2) in subsection (b) by striking ‘‘Nothing’’ and 
inserting ‘‘Except as provided in subsection (a)(4), 
nothing’’; and 
(3) in the first sentence of subsection (c) by 
striking ‘‘paragraph (2)’’ and inserting ‘‘an exemp-
tion under paragraph (2) or (4)’’. 
SEC. 4132. HOURS OF SERVICE RULES FOR OPERATORS 
PROVIDING 
TRANSPORTATION 
TO 
MOVIE 
PRODUCTION SITES. 
Notwithstanding sections 31136 and 31502 of title 
49, United States Code, and any other provision of law, 
the maximum daily hours of service for an operator of a 
commercial motor vehicle providing transportation of 
property or passengers to or from a theatrical or television 
motion picture production site located within a 100 air 
mile radius of the work reporting location of such operator 
shall be those in effect under the regulations in effect 
under such sections on April 27, 2003.
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SEC. 4133. TECHNICAL CORRECTIONS. 
(a) 
INTERMODAL
TRANSPORTATION
ADVISORY 
BOARD.—Section 5502(b) of title 49, United States Code, 
is amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(4); 
(2) by striking the period at the end of para-
graph (5) and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(6) the Federal Motor Carrier Safety Adminis-
tration.’’. 
(b) REFERENCE TO AGENCY.—Section 31502(e) of 
such title is amended— 
(1) in paragraph (2) by striking ‘‘Regional Di-
rector of the Federal Highway Administration’’ and 
inserting ‘‘Field Administrator of the Federal Motor 
Carrier Safety Administration’’; and 
(2) in paragraph (3) by striking ‘‘Regional Di-
rector’’ and inserting ‘‘Field Administrator’’. 
SEC. 4134. OPERATORS OF VEHICLES TRANSPORTING AGRI-
CULTURAL COMMODITIES AND FARM SUP-
PLIES. 
(a) AGRICULTURAL EXEMPTION.—Section 345(a)(1) 
of the National Highway System Designation Act of 1995 
(49 U.S.C. 31136 note; 109 Stat. 613) is amended to read 
as follows:
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‘‘(1) TRANSPORTATION OF AGRICULTURAL COM-
MODITIES AND FARM SUPPLIES.—Regulations pre-
scribed by the Secretary under sections 31136 and 
31502 of title 49, United States Code, regarding 
maximum driving and on-duty time for drivers used 
by motor carriers shall not apply during planting 
and harvest periods, as determined by each State to 
drivers transporting agricultural commodities or 
farm supplies for agricultural purposes in a State if 
such transportation is limited to an area within a 
100 air mile radius from the source of the commod-
ities or the distribution point for the farm sup-
plies.’’. 
(b) DEFINITIONS.—Section 345(e) of such Act of 
1995 (109 Stat. 614) is amended by adding at the end 
the following: 
‘‘(7) AGRICULTURAL
COMMODITY.—The term 
‘agricultural commodity’ means products grown on 
and harvested from the land during the planting and 
harvesting seasons within each State, as determined 
by the State. 
‘‘(8) FARM SUPPLIES FOR AGRICULTURAL PUR-
POSES.—The term ‘farm supplies for agricultural 
purposes’ means products directly related to the 
growing or harvesting of agricultural commodities
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during the planting and harvesting seasons within 
each State, as determined by the State, and livestock 
feed at any time of the year.’’. 
Subtitle B—Household Goods 
Transportation 
SEC. 4201. FEDERAL-STATE RELATIONS RELATING TO 
TRANSPORTATION OF HOUSEHOLD GOODS. 
(a) NONPREEMPTION
OF INTRASTATE TRANSPOR-
TATION
OF
HOUSEHOLD
GOODS.—Section 
14501(c)(2)(B) of title 49, United States Code, is amend-
ed by inserting ‘‘intrastate’’ before ‘‘transportation’’. 
(b) ENFORCEMENT
OF
CONSUMER
PROTECTION 
WITH RESPECT
TO INTERSTATE HOUSEHOLD GOODS 
CARRIERS.—Chapter 145 of such title is amended by add-
ing at the end the following: 
‘‘§ 14506. Enforcement of Federal regulations by State 
attorneys general 
‘‘(a) IN GENERAL.—A State, as parens patriae, may 
bring a civil action on behalf of a resident of the State 
in an appropriate district court of the United States to 
enforce a regulation or order of the Secretary or Board— 
‘‘(1) to protect an individual shipper of house-
hold goods if such regulation or order governs the 
delivery of the shipper’s household goods; or
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‘‘(2) to impose a civil penalty under section 
14915 whenever the attorney general of the State 
has reason to believe that the interests of the resi-
dents of the State have been or are being threatened 
or adversely affected by— 
‘‘(A) a carrier or broker providing trans-
portation of household goods subject to jurisdic-
tion under subchapter I or III of chapter 135 
who is committing repeat violations of section 
14915; or 
‘‘(B) a foreign motor carrier providing 
transportation of household goods who is reg-
istered under section 13902 and who is commit-
ting repeat violations of section 14915. 
‘‘(b) LIMITATION ON STATUTORY CONSTRUCTION.— 
Nothing in this section shall be construed— 
‘‘(1) as preventing an attorney general from ex-
ercising the powers conferred on the attorney gen-
eral by the laws of such State to conduct investiga-
tions or to administer oaths or affirmations or to 
compel the attendance of witnesses or the production 
of documentary and other evidence; 
‘‘(2) as prohibiting a State official from pro-
ceeding in State court to enforce a criminal statute 
of the State;
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‘‘(3) as authorizing a State or political subdivi-
sion of a State to bring an enforcement action under 
a consumer protection law, regulation, or other pro-
vision of the State relating to interstate transpor-
tation of household goods (as defined in section 
13102(10)(A)) with respect to an activity that is in-
consistent with Federal laws and regulations relating 
to interstate transportation of household goods; or 
‘‘(4) as authorizing a State, as parens patriae, 
to bring a class civil action on behalf of its residents 
to enforce a regulation or order of the Secretary or 
Board. 
‘‘(c) ACTIONS
BY
THE SECRETARY
OR BOARD.— 
Whenever a civil action has been instituted by or on behalf 
of the Secretary or Board for violation of section 14915, 
no State may, during the pendency of such action, insti-
tute a civil action under subsection (a) against any defend-
ant named in the complaint relating to such violation. 
‘‘(d) VENUE; SERVICE OF PROCESS.—Any civil ac-
tion to be brought under subsection (a) in a district court 
of the United States may be brought in the district in 
which the defendant is found, is an inhabitant, or trans-
acts business or wherever venue is proper under section 
1391 of title 28. Process in such an action may be served
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in any district in which the defendant is an inhabitant or 
in which the defendant may be found.’’. 
(c) CONFORMING AMENDMENT.—The analysis for 
such chapter is amended by adding at the end the fol-
lowing: 
‘‘14506. Enforcement of Federal regulations by State attorneys general.’’. 
SEC. 4202. ARBITRATION REQUIREMENTS. 
(a) OFFERING SHIPPERS ARBITRATION.—Section 
14708(a) of title 49, United States Code, is amended by 
inserting before the period at the end the following: ‘‘and 
to determine whether carrier charges, in addition to those 
collected at delivery, must be paid by the shipper for trans-
portation and services related to the transportation of 
household goods’’. 
(b) THRESHOLD FOR BINDING ARBITRATION.—Sec-
tion 14708(b)(6) of such title is amended by striking 
‘‘$5,000’’ each place it appears and inserting ‘‘$10,000’’. 
(c) DEADLINE FOR DECISION.—Section 14708(b)(8) 
of such title is amended— 
(1) by striking ‘‘and’’; and 
(2) by inserting after ‘‘for damages’’ the fol-
lowing: ‘‘, and an order requiring the payment of ad-
ditional carrier charges’’. 
(d) ATTORNEY’S
FEES
TO
SHIPPERS.—Section 
14708(d)(3) of such title is amended—
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(1) by redesignating subparagraphs (A) and 
(B) as subparagraphs (B) and (C), respectively; and 
(2) by inserting before subparagraph (B) (as so 
redesignated) the following: 
‘‘(A) the shipper was not advised by the carrier 
during the claim settlement process that a dispute 
settlement program was available to resolve the dis-
pute;’’. 
SEC. 4203. CIVIL PENALTIES RELATING TO HOUSEHOLD 
GOODS 
BROKERS 
AND 
UNAUTHORIZED 
TRANSPORTATION. 
Section 14901(d) of title 49, United States Code, is 
amended— 
(1) by striking ‘‘If a carrier’’ and inserting the 
following: 
‘‘(1) IN GENERAL.—If a carrier’’; and 
(2) by adding at the end the following: 
‘‘(2) ESTIMATE OF BROKER WITHOUT CARRIER 
AGREEMENT.—If a broker for transportation of 
household goods subject to jurisdiction under sub-
chapter I of chapter 135 makes an estimate of the 
cost of transporting any such goods before entering 
into an agreement with a carrier to provide trans-
portation of household goods subject to such juris-
diction, the broker is liable to the United States for
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a civil penalty of not less than $10,000 for each vio-
lation. 
‘‘(3) UNAUTHORIZED TRANSPORTATION.—If a 
person provides transportation of household goods 
subject to jurisdiction under subchapter I of chapter 
135 or provides broker services for such transpor-
tation without being registered under chapter 139 to 
provide such transportation or services as a motor 
carrier or broker, as the case may be, such person 
is liable to the United States for a civil penalty of 
not less than $25,000 for each violation.’’. 
SEC. 4204. PENALTIES FOR HOLDING HOUSEHOLD GOODS 
HOSTAGE. 
(a) IN GENERAL.—Chapter 149 of title 49, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 14915. Holding household goods hostage 
‘‘(a) HOLDING HOUSEHOLD GOODS HOSTAGE DE-
FINED.—For purposes of this section, the term ‘holding 
household goods hostage’ means the knowing and willful 
refusal to relinquish possession of a shipment of household 
goods described in section 13102(10)(A) upon payment of 
not more than 100 percent of a binding estimate (or, in 
the case of a nonbinding estimate, not more than 110 per-
cent of the estimated charges for such shipment).
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‘‘(b) CIVIL PENALTY.—Whoever is found holding a 
household goods shipment hostage is liable to the United 
States for a civil penalty of not less than $10,000 for each 
violation. If such person is a carrier or broker, the Sec-
retary may suspend for a period of not less than 6 months 
the registration of such carrier or broker under chapter 
139. 
‘‘(c) CRIMINAL PENALTY.—A motor carrier that has 
been convicted of knowingly and willfully holding house-
hold goods hostage by falsifying documents or demanding 
the payment of charges for services that were not per-
formed or were not necessary in the safe and adequate 
movement of a shipment of household goods shall be fined 
under title 18, or imprisoned not more than 2 years, or 
both.’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
such chapter is amended by adding at the end the fol-
lowing: 
‘‘14915. Holding household goods hostage.’’. 
SEC. 4205. WORKING GROUP FOR DEVELOPMENT OF PRAC-
TICES AND PROCEDURES TO ENHANCE FED-
ERAL-STATE RELATIONS. 
(a) IN GENERAL.—Not later than 90 days after the 
date of enactment of this Act, the Secretary shall establish 
a working group of State attorneys general, State con-
sumer protection administrators, and Federal and local
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law enforcement officials for the purpose of developing 
practices and procedures to enhance the Federal-State 
partnership in enforcement efforts, exchange of informa-
tion, and coordination of enforcement efforts with respect 
to interstate transportation of household goods and of 
making legislative and regulatory recommendations to the 
Secretary concerning such enforcement efforts. 
(b) CONSULTATION.—In carrying out subsection (a), 
the working group shall consult with industries involved 
in the transportation of household goods. 
(c) FEDERAL ADVISORY COMMITTEE ACT EXEMP-
TION.—The Federal Advisory Committee Act (5 U.S.C. 
App.) shall not apply to the working group established 
under subsection (a). 
(d) TERMINATION DATE.—The working group shall 
remain in effect until September 30, 2009. 
SEC. 4206. CONSUMER HANDBOOK ON DOT WEB SITE. 
Not later than 1 year after the date of enactment 
of this Act, the Secretary shall take such action as may 
be necessary to ensure that publication ESA 03005 of the 
Federal Motor Carrier Safety Administration entitled 
‘‘Your Rights and Responsibilities When You Move’’, is 
prominently displayed, and available in language that is 
readily understandable by the general public, on the Web 
site of the Department of Transportation.
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SEC. 4207. RELEASE OF HOUSEHOLD GOODS BROKER IN-
FORMATION. 
Not later than 1 year after the date of enactment 
of this Act, the Secretary shall modify the regulations con-
tained in part 375 of title 49, Code of Federal Regula-
tions, to require a broker that is subject to such regula-
tions to provide shippers with the following information 
whenever they have contact with a shipper or potential 
shipper: 
(1) The Department of Transportation number 
of the broker. 
(2) The ESA 03005 publication referred to in 
section 4206 of this Act. 
(3) A list of all motor carriers providing trans-
portation of household goods used by the broker and 
a statement that the broker is not a motor carrier 
providing transportation of household goods. 
SEC. 4208. CONSUMER COMPLAINT INFORMATION. 
(a) ESTABLISHMENT OF SYSTEM.—Not later than 1 
year after the date of enactment of this Act, the Secretary 
shall— 
(1) establish a system for filing and logging 
consumer complaints relating to motor carriers pro-
viding transportation of household goods and for 
compiling complaint information gathered by the De-
partment of Transportation and the States with re-
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gard to such carriers, a database of the complaints, 
and a procedure for the public to have access to ag-
gregated information and for carriers to challenge 
duplicate or fraudulent information in the database; 
and 
(2) issue regulations requiring each motor car-
rier of household goods to submit on a quarterly 
basis a report summarizing— 
(A) the number of shipments that originate 
and are delivered for individual shippers during 
the reporting period by the carrier; 
(B) the number and general category of 
complaints lodged by consumers with the car-
rier; 
(C) the number of claims filed with the 
carrier for loss and damage in excess of $500; 
(D) the number of such claims resolved 
during the reporting period; 
(E) the number of such claims declined in 
the reporting period; and 
(F) the number of such claims that are 
pending at the close of the reporting period. 
(b) USE OF INFORMATION.—The Secretary shall con-
sider information in the data base established under sub-
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section (a) in its household goods compliance and enforce-
ment program. 
SEC. 4209. INSURANCE REGULATIONS. 
(a) REVIEW.—Not later than 1 year after the date 
of enactment of this Act, the Secretary shall undertake 
a review of the current Federal regulations regarding in-
surance coverage provided by motor carriers providing 
transportation of household goods and revise such regula-
tions in order to provide enhanced protection for shippers 
in the case of loss or damage as determined necessary. 
(b) DETERMINATIONS.—The review shall include, but 
not be limited to, a determination of— 
(1) whether the current regulations provide ade-
quate protection for shippers; 
(2) whether an individual shipper should pur-
chase insurance as opposed to the carrier; and 
(3) whether there are abuses of the current reg-
ulations that leave the shipper unprotected in loss 
and damage claims. 
SEC. 4210. ESTIMATING REQUIREMENTS. 
Section 14104(b)(1) of title 49, United States Code, 
is amended to read as follows: 
‘‘(1) REQUIRED TO BE IN WRITING.— 
‘‘(A) IN GENERAL.—Except as otherwise 
provided in this subsection, every motor carrier
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providing transportation of household goods de-
scribed in section 13102(10)(A) subject to ju-
risdiction under subchapter I of chapter 135 
shall conduct a physical survey of the household 
goods to be transported on behalf of a prospec-
tive individual shipper and shall provide the 
shipper with a written estimate of charges for 
the transportation and all related services. 
‘‘(B) WAIVER.—A shipper may elect to 
waive a physical survey under this paragraph by 
written agreement signed by the shipper before 
the shipment is loaded. A copy of the waiver 
agreement must be retained as an addendum to 
the bill of lading and shall be subject to the 
same record inspection and preservation re-
quirements of the Secretary as are applicable to 
bills of lading. 
‘‘(C) ESTIMATE.— 
‘‘(i) IN GENERAL.—Notwithstanding a 
waiver under subparagraph (B), a carrier’s 
statement of charges for transportation 
must be submitted to the shipper in writ-
ing and must indicate whether it is binding 
or nonbinding.
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‘‘(ii) BINDING.—A binding estimate 
under this paragraph must indicate that 
the carrier and shipper are bound by such 
charges. The carrier may impose a charge 
for providing a written binding estimate. 
‘‘(iii) NONBINDING.—A nonbinding 
estimate under this paragraph must indi-
cate that the actual charges will be based 
upon the actual weight of the individual 
shipper’s shipment and the carrier’s lawful 
tariff charges. The carrier may not impose 
a charge for providing a nonbinding esti-
mate.’’. 
SEC. 4211. APPLICATION OF STATE CONSUMER PROTEC-
TION LAWS TO CERTAIN HOUSEHOLD GOODS 
CARRIERS. 
(a) STUDY.—The Comptroller General shall conduct 
a study on the current consumer protection authorities 
and actions of the Department of Transportation and the 
impact on shippers and carriers of houshold goods involved 
in interstate transportation of allowing State attorneys 
general to apply State consumer protection laws to such 
transportation.
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(b) MATTERS TO BE CONSIDERED.—In conducting 
the study, the Comptroller General shall consider, at a 
minimum— 
(1) the level of consumer protection being pro-
vided to consumers through Federal household goods 
regulations and how household goods regulations re-
lating to consumer protection compare to regulations 
relating to consumer protection for other modes of 
transportation regulated by the Department of 
Transportation; 
(2) the history and background of State en-
forcement of State consumer protection laws on 
household goods carriers providing intrastate trans-
portation and what effects such laws have on the 
ability of intrastate household goods carriers to op-
erate; 
(3) what operational impacts, if any, would re-
sult on household goods carriers engaged in inter-
state commerce being subject to the State consumer 
protection laws; and 
(4) the potential for States to regulate rates or 
other business operations if State consumer protec-
tion laws applied to interstate household goods 
movements.
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(c) CONSULTATION.—In conducting the study, the 
Comptroller General shall consult with the Secretary, 
State attorneys general, consumer protection agencies, 
and the household goods industry. 
(d) REPORT.—Not later than 18 months after the 
date of enactment of this Act, the Comptroller General 
shall transmit to the Committee of Transportation and In-
frastructure of the House of Representatives and the Com-
mittee on Commerce, Science and Transportation of the 
Senate a report on the results of the study. 
SEC. 4212. APPLICABILITY TO HOUSEHOLD GOODS MOTOR 
CARRIERS. 
(a) IN GENERAL.—The provisions of title 49, United 
States Code, and this Act (including any amendments 
made by this Act) relating to the transportation of house-
hold goods shall only apply to household goods motor car-
riers. 
(b) HOUSEHOLD
GOODS
MOTOR
CARRIER
DE-
FINED.—In this section, the term ‘‘household goods motor 
carrier’’ means a motor carrier as defined in section 
13102(12) of title 49, United States Code, which, in the 
ordinary course of its business of providing transportation 
of household goods, offers some or all of the following ad-
ditional services: binding and nonbinding estimates, 
inventorying, protective packing and unpacking of indi-
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vidual items, and loading and unloading at personal resi-
dences. 
TITLE V—TRANSPORTATION 
RESEARCH AND EDUCATION 
Subtitle A—Funding 
SEC. 5101. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—The following sums are author-
ized to be appropriated out of the Highway Trust Fund 
(other than the Mass Transit Account): 
(1) SURFACE TRANSPORTATION RESEARCH, DE-
VELOPMENT, 
AND
DEPLOYMENT
PROGRAM.—To 
carry out sections 502, 503, 506, 507, 509, and 510 
of title 23, United States Code, and sections 5207, 
5210, 5211, and 5402 of this title— 
(A) $169,000,000 for fiscal year 2004; 
(B) $239,500,000 for fiscal year 2005; 
(C) $239,500,000 for fiscal year 2006; 
(D) $239,500,000 for fiscal year 2007; 
(E) $239,500,000 for fiscal year 2008; and 
(F) $239,500,000 for fiscal year 2009. 
(2) TRAINING AND EDUCATION.—To carry out 
section 504 of title 23, United States Code, and sec-
tion 5211 of this Act, $24,500,000 for fiscal year 
2004 and $33,500,000 for each of fiscal years 2005 
through 2009.
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(3) BUREAU
OF
TRANSPORTATION
STATIS-
TICS.—For the Bureau of Transportation Statistics 
to carry out section 111 of title 49, United States 
Code, $31,000,000 for fiscal year 2004 and 
$33,000,000 for each of fiscal years 2005 through 
2009. 
(4) 
UNIVERSITY
TRANSPORTATION
RE-
SEARCH.—To carry out sections 5505 and 5506 of 
title 49, United States Code, $54,500,000 for fiscal 
year 2004 and $71,000,000 for each of fiscal years 
2005 through 2009. 
(5) INTELLIGENT
TRANSPORTATION
SYSTEMS 
(ITS) RESEARCH.—To carry out subtitle F of this 
title, $115,000,000 for each of fiscal years 2004 
through 2009. 
(6) ITS DEPLOYMENT.—To carry out sections 
5208 and 5209 of the Transportation Equity Act for 
the 21st Century (112 Stat. 458; 112 Stat. 460), 
$100,000,000 for fiscal year 2004. 
(b) APPLICABILITY OF TITLE 23, UNITED STATES 
CODE.—Funds authorized to be appropriated by sub-
section (a) shall be available for obligation in the same 
manner as if such funds were apportioned under chapter 
1 of title 23, United States Code; except that the Federal 
share of the cost of a project or activity carried out using
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such funds shall be 50 percent, unless otherwise expressly 
provided by this Act (including the amendments made by 
this Act) or otherwise determined by the Secretary, and 
such funds shall remain available until expended and shall 
not be transferable. 
SEC. 5102. OBLIGATION CEILING. 
Notwithstanding any other provision of law, the total 
of all obligations from amounts made available from the 
Highway Trust Fund (other than the Mass Transit Ac-
count) by sections 5101(a) and 5401 of this Act shall not 
exceed $483,000,000 for fiscal year 2004, $484,000,000 
for fiscal year 2005, $485,000,000 for fiscal year 2006, 
$485,000,000 for fiscal year 2007, $486,000,000 for fis-
cal year 2008, and $487,000,000 for fiscal year 2009. 
SEC. 5103. FINDINGS. 
The Congress finds the following: 
(1) Research and development are critical to de-
veloping and maintaining a transportation system 
that meets the goals of safety, mobility, economic vi-
tality, efficiency, equity, and environmental protec-
tion. 
(2) Federally sponsored surface transportation 
research and development has produced many suc-
cesses. The development of rumble strips has in-
creased safety; research on materials has increased
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the lifespan of pavements, saving money and reduc-
ing the disruption caused by construction; and Geo-
graphic Information Systems have improved the 
management and efficiency of transit fleets. 
(3) Despite these important successes, the Fed-
eral surface transportation research and develop-
ment investment represents less than one percent of 
overall government spending on surface transpor-
tation. 
(4) While Congress increased funding for over-
all transportation programs by about 40 percent in 
the Transportation Equity Act for the 21st Century, 
funding for transportation research and development 
remained relatively flat. 
(5) The Federal investment in research and de-
velopment should be balanced between short-term 
applied and long-term fundamental research and de-
velopment. The investment should also cover a wide 
range of research areas, including research on mate-
rials and construction, research on operations, re-
search on transportation trends and human factors, 
and research addressing the institutional barriers to 
deployment of new technologies. 
(6) Therefore, Congress finds that it is in the 
United States interest to increase the Federal in-
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vestment in transportation research and develop-
ment, and to conduct research in critical research 
gaps, in order to ensure that the transportation sys-
tem meets the goals of safety, mobility, economic vi-
tality, efficiency, equity, and environmental protec-
tion. 
Subtitle B—Research, Technology, 
and Education 
SEC. 5201. RESEARCH, TECHNOLOGY, AND EDUCATION. 
(a) RESEARCH, TECHNOLOGY, AND EDUCATION.— 
Title 23, United States Code, is amended— 
(1) in the table of chapters by striking the item 
relating to chapter 5 and inserting the following: 
‘‘5. RESEARCH, TECHNOLOGY, AND EDUCATION ...............
501’’. 
(2) by striking the heading for chapter 5 and 
inserting the following: 
‘‘CHAPTER 5—RESEARCH, TECHNOLOGY, 
AND EDUCATION’’. 
(b) STATEMENT
OF PRINCIPLES GOVERNING RE-
SEARCH AND TECHNOLOGY INVESTMENTS.—Section 502 
of such title is amended— 
(1) by redesignating subsections (a) through (g) 
as subsections (b) through (h), respectively; and 
(2) by inserting before subsection (b) (as so re-
designated) the following:
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‘‘(a) BASIC PRINCIPLES GOVERNING RESEARCH AND 
TECHNOLOGY INVESTMENTS.— 
‘‘(1) COVERAGE.—Surface transportation re-
search and technology development shall include all 
activities leading to technology development and 
transfer, as well as the introduction of new and in-
novative ideas, practices, and approaches, through 
such mechanisms as field applications, education and 
training, and technical support. 
‘‘(2) FEDERAL RESPONSIBILITY.—Funding and 
conducting surface transportation research and tech-
nology transfer activities shall be considered a basic 
responsibility of the Federal Government when the 
work— 
‘‘(A) is of national significance; 
‘‘(B) supports research in which there is a 
clear public benefit and private sector invest-
ment is less than optimal; 
‘‘(C) supports a Federal stewardship role 
in assuring that State and local governments 
use national resources efficiently; or 
‘‘(D) presents the best means to support 
Federal policy goals compared to other policy 
alternatives.
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‘‘(3) ROLE.—Consistent with these Federal re-
sponsibilities, the Secretary shall— 
‘‘(A) conduct research; 
‘‘(B) support and facilitate research and 
technology transfer activities by State highway 
agencies; 
‘‘(C) share results of completed research; 
and 
‘‘(D) support and facilitate technology and 
innovation deployment. 
‘‘(4) PROGRAM CONTENT.—A surface transpor-
tation research program shall include— 
‘‘(A) fundamental, long-term highway re-
search; 
‘‘(B) research aimed at significant highway 
research gaps and emerging issues with na-
tional implications; and 
‘‘(C) research related to policy and plan-
ning. 
‘‘(5) STAKEHOLDER
INPUT.—Federal surface 
transportation research and development activities 
shall address the needs of stakeholders. Stakeholders 
include States, metropolitan planning organizations, 
local governments, the private sector, researchers,
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research sponsors, and other affected parties, includ-
ing public interest groups. 
‘‘(6) COMPETITION
AND
PEER
REVIEW.—Ex-
cept as otherwise provided in this Act, the Secretary 
shall award all grants, contracts, and cooperative 
agreements for research and development under this 
Act based on open competition and peer review of 
proposals. 
‘‘(7) PERFORMANCE
REVIEW
AND
EVALUA-
TION.—To the maximum extent practicable, all sur-
face 
transportation 
research 
and 
development 
projects shall include a component of performance 
measurement and evaluation. Performance measures 
shall be established during the proposal stage of a 
research and development project and shall, to the 
maximum extent possible, be outcome-based. All 
evaluations shall be made readily available to the 
public.’’. 
(c) PROCUREMENT FOR RESEARCH, DEVELOPMENT, 
AND
TECHNOLOGY
TRANSFER
ACTIVITIES.—Section 
502(b)(3) of such title (as redesignated by subsection (b) 
of this section) is amended to read as follows: 
‘‘(3) 
COOPERATION, 
GRANTS, 
AND
CON-
TRACTS.—The Secretary may carry out research, de-
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velopment, and technology transfer activities related 
to transportation— 
‘‘(A) independently; 
‘‘(B) in cooperation with other Federal de-
partments, agencies, and instrumentalities and 
Federal laboratories; or 
‘‘(C) by making grants to, or entering into 
contracts, cooperative agreements, and other 
transactions with one or more of the following: 
the National Academy of Sciences, the Amer-
ican Association of State Highway and Trans-
portation Officials, any Federal laboratory, 
Federal agency, State agency, authority, asso-
ciation, institution, for-profit or nonprofit cor-
poration, organization, foreign country, any 
other person.’’. 
(d) TRANSPORTATION POOLED FUND PROGRAM.— 
Section 502(b) of such title (as redesignated by subsection 
(b) of this section), is amended by adding at the end the 
following: 
‘‘(6) POOLED FUNDING.— 
‘‘(A) COOPERATION.—To promote effective 
utilization of available resources, the Secretary 
may cooperate with a State and an appropriate 
agency in funding research, development, and
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technology transfer activities of mutual interest 
on a pooled funds basis. 
‘‘(B) SECRETARY
AS
AGENT.—The Sec-
retary may enter into contracts, cooperative 
agreements, grants, and other transactions as 
agent for all participating parties in carrying 
out such research, development, or technology 
transfer.’’. 
(e) OPERATIONS ELEMENTS IN RESEARCH ACTIVI-
TIES.—Section 502 of such title is further amended— 
(1) in subsection (b)(1)(B) (as redesignated by 
subsection (b) of this section) by inserting ‘‘trans-
portation system management and operations,’’ after 
‘‘operation,’’. 
(2) in subsection (d)(5)(C) (as redesignated by 
subsection (b) of this section) by inserting ‘‘system 
management and’’ after ‘‘transportation’’; and 
(3) by inserting at the end of subsection (d) (as 
redesignated by subsection (b) of this section) the 
following: 
‘‘(12) Investigation and development of various 
operational methodologies to reduce the occurrence 
and impact of recurrent congestion and nonrecurrent 
congestion and increase transportation system reli-
ability.
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‘‘(13) Investigation of processes, procedures, 
and technologies to secure container and hazardous 
material transport, including the evaluation of regu-
lations and the impact of good security practices on 
commerce and productivity. 
‘‘(14) Research, development, and technology 
transfer related to asset management.’’. 
(f) FACILITATING TRANSPORTATION RESEARCH AND 
TECHNOLOGY
DEPLOYMENT
PARTNERSHIPS.—Section 
502(c)(2) of such title (as redesignated by subsection (b) 
of this section) is amended to read as follows: 
‘‘(2) COOPERATION, GRANTS, CONTRACTS, AND 
AGREEMENTS.—Notwithstanding any other provision 
of law, the Secretary may directly initiate contracts, 
cooperative research and development agreements 
(as defined in section 12 of the Stevenson-Wydler 
Technology Innovation Act of 1980 (15 U.S.C. 
3710a)), and other transactions to fund, and accept 
funds from, the Transportation Research Board of 
the National Research Council of the National Acad-
emy of Sciences, State departments of transpor-
tation, cities, counties, and their agents to conduct 
joint transportation research and technology ef-
forts.’’.
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(g) EXPLORATORY
ADVANCED
RESEARCH
PRO-
GRAM.—Section 502(e) of such title (as redesignated by 
subsection (b) of this section) is amended to read as fol-
lows: 
‘‘(e) EXPLORATORY ADVANCED RESEARCH.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish an exploratory advanced research program, con-
sistent with the surface transportation research and 
technology development strategic plan developed 
under section 508 that involves and draws upon 
basic research results to provide a better under-
standing of problems and develop innovative solu-
tions. In carrying out the program, the Secretary 
shall strive to develop partnerships with public and 
private sector entities. 
‘‘(2) RESEARCH AREAS.—In carrying out the 
program, the Secretary may make grants and enter 
into cooperative agreements and contracts in such 
areas of surface transportation research and tech-
nology as the Secretary determines appropriate, in-
cluding the following: 
‘‘(A) Characterization of materials used in 
highway infrastructure, including analytical 
techniques, microstructure modeling, and the 
deterioration processes.
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‘‘(B) Assessment of the effects of transpor-
tation decisions on human health. 
‘‘(C) Development of surrogate measures 
of safety. 
‘‘(D) Environmental research. 
‘‘(E) Data acquisition techniques for sys-
tem condition and performance monitoring. 
‘‘(F) System performance data and infor-
mation processing needed to assess the day-to- 
day operational performance of the system in 
support of hour-to-hour operational decision-
making.’’. 
(h) LONG-TERM PAVEMENT PERFORMANCE PRO-
GRAM.— 
(1) IN GENERAL.—Section 502(f) of such title 
(as redesignated by subsection (b) of this section) is 
amended to read as follows: 
‘‘(f) LONG-TERM PAVEMENT PERFORMANCE PRO-
GRAM.— 
‘‘(1) AUTHORITY.—The Secretary shall com-
plete the 20-year long-term pavement performance 
program tests initiated under the strategic highway 
research program established under section 307(d) 
(as in effect on June 8, 1998).
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‘‘(2) GRANTS, COOPERATIVE AGREEMENTS, AND 
CONTRACTS.—Under the program, the Secretary 
shall make grants and enter into cooperative agree-
ments and contracts to— 
‘‘(A) monitor, material-test, and evaluate 
highway test sections in existence as of the date 
of the grant, agreement, or contract; 
‘‘(B) analyze the data obtained under sub-
paragraph (A); and 
‘‘(C) prepare products to fulfill program 
objectives and meet future pavement technology 
needs.’’. 
(2) FUNDING.—Of the amounts made available 
by section 5101(a)(1) of this Act, $10,000,000 for 
fiscal year 2004 and $21,000,000 for each of fiscal 
years 2004 through 2009 shall be available to carry 
out section 502(f) of title 23, United States Code. 
(i) TURNER-FAIRBANK HIGHWAY RESEARCH CEN-
TER.—Section 502 of title 23, United States Code, is fur-
ther amended by adding at the end the following: 
‘‘(i) TURNER-FAIRBANK HIGHWAY RESEARCH CEN-
TER.— 
‘‘(1) IN GENERAL.—The Secretary shall operate 
in the Federal Highway Administration a Turner- 
Fairbank Highway Research Center.
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‘‘(2) USES
OF
THE
CENTER.—The Turner- 
Fairbank Highway Research Center shall support— 
‘‘(A) the conduct of highway research and 
development related to new highway technology; 
‘‘(B) the development of understandings, 
tools, and techniques that provide solutions to 
complex technical problems through the devel-
opment of economical and environmentally sen-
sitive designs, efficient and quality-controlled 
construction practices, and durable materials; 
and 
‘‘(C) the development of innovative high-
way products and practices.’’. 
(j) UNIVERSITY FUNDING.—Except as otherwise pro-
vided in this title and any amendments made by this title, 
the Secretary may not provide financial assistance to a 
university under section 5101 unless the university is se-
lected to receive such funds through a competitive process 
that incorporates merit-based peer review and the selec-
tion is based on a proposal submitted to the Secretary by 
the university in response to a request for proposals issued 
by the Secretary.
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SEC. 5202. LONG-TERM BRIDGE PERFORMANCE PROGRAM; 
INNOVATIVE BRIDGE RESEARCH AND DE-
PLOYMENT PROGRAM. 
(a) LONG-TERM
BRIDGE
PERFORMANCE
PRO-
GRAM.— 
(1) IN
GENERAL.—Section 502 of title 23, 
United States Code, is further amended by adding 
at the end the following: 
‘‘(j) LONG-TERM
BRIDGE
PERFORMANCE
PRO-
GRAM.— 
‘‘(1) AUTHORITY.—The Secretary shall estab-
lish a 20-year long-term bridge performance pro-
gram. 
‘‘(2) GRANTS, COOPERATIVE AGREEMENTS, AND 
CONTRACTS.—Under the program, the Secretary 
shall make grants and enter into cooperative agree-
ments and contracts to— 
‘‘(A) monitor, material-test, and evaluate 
test bridges; 
‘‘(B) analyze the data obtained under sub-
paragraph (A); and 
‘‘(C) prepare products to fulfill program 
objectives and meet future bridge technology 
needs.’’. 
(2) FUNDING.—Of the amounts made available 
by section 5101(a)(1) of this Act, $5,000,000 for
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fiscal year 2004 and $15,000,000 for each of fiscal 
years 2005 through 2009 shall be available to carry 
out section 502(j) of title 23, United States Code. 
(b) INNOVATIVE BRIDGE RESEARCH AND DEPLOY-
MENT PROGRAM.— 
(1) IN GENERAL.—Section 503(b)(1) of such 
title is amended to read as follows: 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish and carry out a program to promote, dem-
onstrate, evaluate, and document the application of 
innovative designs, materials, and construction 
methods in the construction, repair, and rehabilita-
tion of bridges and other highway structures.’’. 
(2) GOALS.—Section 503(b)(2) of such title is 
amended to read as follows: 
‘‘(2) GOALS.—The goals of the program shall 
include— 
‘‘(A) the development of new, cost-effec-
tive, innovative highway bridge applications; 
‘‘(B) the development of construction tech-
niques to increase safety and reduce construc-
tion time and traffic congestion; 
‘‘(C) the development of engineering design 
criteria for innovative products, materials, and
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structural systems for use in highway bridges 
and structures; 
‘‘(D) the reduction of maintenance costs 
and life-cycle costs of bridges, including the 
costs of new construction, replacement, or reha-
bilitation of deficient bridges; 
‘‘(E) the development of highway bridges 
and structures that will withstand natural dis-
asters; 
‘‘(F) the documentation and wide dissemi-
nation of objective evaluations of the perform-
ance and benefits of these innovative designs, 
materials, and construction methods; 
‘‘(G) the effective transfer of resulting in-
formation and technology; and 
‘‘(H) the development of improved methods 
to detect bridge scour and economical bridge 
foundation designs that will withstand bridge 
scour.’’. 
(3) FUNDING.— 
(A) IN GENERAL.—Of the amounts made 
available by section 5101(a)(1) of this Act, 
$20,000,000 for each of fiscal years 2004 
through 2009 shall be available to carry out
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section 503(b) of title 23, United States Code; 
and 
(B) 
HIGH
PERFORMANCE
CONCRETE 
BRIDGE TECHNOLOGY RESEARCH AND DEPLOY-
MENT.—The 
Secretary 
shall 
obligate 
$2,000,000 of the amount described in subpara-
graph (A) for each of fiscal years 2004 through 
2009 to conduct research and deploy technology 
related to high-performance concrete bridges. 
SEC. 5203. SURFACE TRANSPORTATION ENVIRONMENT AND 
PLANNING COOPERATIVE RESEARCH PRO-
GRAM. 
(a) IN GENERAL.—Section 507 of title 23, United 
States Code, is amended to read as follows: 
‘‘§ 507. Surface transportation environment and plan-
ning cooperative research program 
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish and carry out a collaborative, public-private surface 
transportation environment and planning cooperative re-
search program. 
‘‘(b) AGREEMENT.—The Secretary shall enter into an 
agreement with the National Academy of Sciences to carry 
out administrative and management activities relating to 
the governance of the surface transportation environment 
and planning cooperative research program.
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‘‘(c) ADVISORY COMMITTEE.— 
‘‘(1) ESTABLISHMENT.—The Secretary shall es-
tablish a committee that will be responsible for pro-
gram oversight and project selection. 
‘‘(2) MEMBERSHIP.—The members of the com-
mittee shall be appointed by the Secretary and shall 
be composed of— 
‘‘(A) representatives of State, regional, and 
local transportation agencies, including transit 
agencies; 
‘‘(B) representatives of State environ-
mental agencies and other environmental orga-
nizations; 
‘‘(C) representatives of the transportation 
private sector; 
‘‘(D) transportation and environmental sci-
entists and engineers; and 
‘‘(E) representatives of the Federal High-
way Administration, Federal Transit Adminis-
tration, 
Environmental 
Protection 
Agency, 
United States Fish and Wildlife Service, Corps 
of Engineers, American Association of State 
Highway and Transportation Officials, and 
American Public Transportation Association, 
who shall serve in an ex officio capacity.
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‘‘(3) BALANCE.—The majority of the commit-
tee’s voting members shall be representatives of gov-
ernment transportation agencies. 
‘‘(4) MEETINGS.—The National Academy of 
Sciences shall convene meetings of the committee. 
‘‘(d) GOVERNANCE.—The program established under 
this section shall include the following administrative and 
management elements: 
‘‘(1) NATIONAL RESEARCH AGENDA.—The advi-
sory committee, in consultation with interested par-
ties, shall develop, recommend, and periodically up-
date the national research agenda as set forth in the 
Transportation Research Board Special Report 268 
as described in subsection (e). The national research 
agenda shall include a multiyear strategic plan. 
‘‘(2) INVOLVEMENT.—Interested parties may— 
‘‘(A) submit research proposals; 
‘‘(B) participate in merit reviews of re-
search proposals and peer reviews of research 
products; and 
‘‘(C) receive research results. 
‘‘(3) OPEN COMPETITION AND PEER REVIEW OF 
RESEARCH PROPOSALS.—The National Academy of 
Sciences may award under the program research
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contracts and grants through open competition and 
merit review conducted on a regular basis. 
‘‘(4) EVALUATION OF RESEARCH.— 
‘‘(A) PEER REVIEW.—Research contracts 
and grants may allow peer review of the re-
search results. 
‘‘(B) PROGRAMMATIC EVALUATIONS.—The 
National Academy of Sciences may conduct 
periodic programmatic evaluations on a regular 
basis. 
‘‘(5) DISSEMINATION
OF
RESEARCH
FIND-
INGS.—The National Academy of Sciences shall dis-
seminate research findings to researchers, practi-
tioners, and decisionmakers, through conferences 
and seminars, field demonstrations, workshops, 
training programs, presentations, testimony to gov-
ernment officials, World Wide Web, and publications 
for the general public. 
‘‘(e) CONTENTS.—The national research agenda for 
the program required under subsection (d)(1) shall include 
research in the following areas for the purposes described: 
‘‘(1) HUMAN HEALTH.—Human health to es-
tablish the links between transportation activities 
and human health; substantiate the linkages between 
exposure to concentration levels, emissions, and
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health impacts; examine the potential health impacts 
from the implementation and operation of transpor-
tation infrastructure and services; develop strategies 
for avoidance and reduction of these impacts; and 
develop strategies to understand the economic value 
of health improvements and for incorporating health 
considerations into valuation methods. 
‘‘(2) ECOLOGY AND NATURAL SYSTEMS.—Ecol-
ogy and natural systems to measure transportation’s 
short- and long-term impact on natural systems; de-
velop ecologically based performance measures; de-
velop insight into both the spatial and temporal 
issues associated with transportation and natural 
systems; study the relationship between highway 
density and ecosystem integrity, including the im-
pacts of highway density on habitat integrity and 
overall ecosystem health; develop a rapid assessment 
methodology for use by transportation and regu-
latory agencies in determining the relationship be-
tween highway density and ecosystem integrity; and 
develop ecologically based performance techniques to 
evaluate the success of highway project mitigation 
and enhancement measures. 
‘‘(3) ENVIRONMENTAL
AND
SOCIOECONOMIC 
RELATIONSHIPS.—Environmental and socioeconomic
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relationships to understand differences in mobility, 
access, travel behavior, and travel preferences across 
socioeconomic groups; develop improved planning ap-
proaches that better reflect and respond to commu-
nity needs; improve evaluation methods for exam-
ining the incidence of benefits and costs; examine 
the differential impacts of current methods of fi-
nance and explore alternatives; understand the socio-
economic implications of emerging land development 
patterns and new transportation technologies; de-
velop cost-effective applications of technology that 
improve the equity of the transport system; and de-
velop improved methods for community involvement, 
collaborative planning, and conflict resolution. 
‘‘(4) EMERGING
TECHNOLOGIES.—Emerging 
technologies to assist in the transition to environ-
mentally benign fuels and vehicles for passengers 
and freight; develop responses to and demand for 
new technologies that could offer improved environ-
mental performance; identify possible applications of 
intelligent transportation systems technologies for 
environmental benefit; develop policy instruments 
that would encourage the development of beneficial 
new technologies in a cost-effective manner; and re-
spond to the impact of new technologies.
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‘‘(5) LAND USE.—Land use to assess land con-
sumption trends and contributing factors of trans-
portation investment, housing policies, school qual-
ity, and consumer preferences; incorporate impacts 
of transportation investments on location decision 
and land use; identify the costs and benefits of cur-
rent development patterns and their transportation 
implications; determine the effect of the built envi-
ronment on people’s willingness to walk, drive, or 
take public transportation; determine the roles of 
public policy and institutional arrangements in cur-
rent and prospective land use and transportation 
choices; and develop improved data, methods, and 
processes for considering land use, transportation, 
and the environment in an integrated, systematic 
fashion. 
‘‘(6) PLANNING
AND
PERFORMANCE
MEAS-
URES.—Planning and performance measures to im-
prove understanding of travel needs and preferences; 
improve planning methods for system analysis, fore-
casting, and decisionmaking; expand information on 
consumer choice processes and travel and activity 
patterns for both local and long-distance trips and 
both passenger and freight transportation analysis 
of social, environmental, and economic benefits and
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cost of various transport options; develop tools for 
measuring and forecasting complex transportation 
decisions for all modes and users; and develop per-
formance measures and policy analysis approaches 
that can be used to determine effectiveness. 
‘‘(7) OTHER
RESEARCH
AREAS.—Other re-
search areas to identify and address the emerging 
and future surface transportation research needs re-
lated to planning and environment. 
‘‘(8) CONTENTS.—The program established 
under subsection (d)(1) shall carry out research and 
development called for in the Transportation Re-
search Board Special Report 268, entitled ‘Surface 
Transportation Environmental Research: A Long- 
Term Strategy’, published in 2002, which included 
the following research and development areas: 
‘‘(1) Human Health. 
‘‘(2) Ecology and Natural Systems. 
‘‘(3) Environmental and Social Justice. 
‘‘(4) Emerging Technologies. 
‘‘(5) Land Use. 
‘‘(6) Planning and Performance Measures. 
‘‘(f) FUNDING.— 
‘‘(1) FEDERAL SHARE.—The Federal share of 
the cost of an activity carried out under this section
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shall be up to 100 percent, and such funds shall re-
main available until expended. 
‘‘(2) USE OF NON-FEDERAL FUNDS.—In addi-
tion to using funds authorized to be appropriated to 
carry out this section, the National Academy of 
Sciences may seek and accept additional funding 
sources to carry out this section from public and pri-
vate entities capable of attracting and accepting 
funding from the Department of Transportation, 
Environmental Protection Agency, Department of 
Energy, United States Fish and Wildlife Service, 
and other Federal environmental agencies, States, 
local governments, nonprofit foundations, and the 
private sector.’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
chapter 5 of such title is amended by striking the item 
relating to section 507 and inserting the following: 
‘‘507. Surface transportation environment and planning cooperative research 
program.’’. 
(c) FUNDING.—Of the amounts made available by 
section 5101(a)(1) of this Act, $5,000,000 for fiscal year 
2004 and $15,000,000 for each of fiscal years 2005 
through 2009 shall be available to carry out section 507 
of title 23, United States Code.
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SEC. 5204. TECHNOLOGY DEPLOYMENT. 
(a) TECHNOLOGY DEPLOYMENT PROGRAM.—Section 
503(a) of title 23, United States Code, is amended— 
(1) in the subsection heading by striking ‘‘INI-
TIATIVES AND PARTNERSHIPS’’; 
(2) by striking paragraph (1) and inserting the 
following: 
‘‘(1) ESTABLISHMENT.—The Secretary shall 
develop and administer a national technology deploy-
ment program.’’; 
(3) by striking paragraph (7) and inserting the 
following: 
‘‘(7) GRANTS, COOPERATIVE AGREEMENTS, AND 
CONTRACTS.— 
‘‘(A) IN GENERAL.—Under the program, 
the Secretary shall make grants to, and enter 
into cooperative agreements and contracts with, 
States, other Federal agencies, universities and 
colleges, private sector entities, and nonprofit 
organizations to pay the Federal share of the 
cost of research, development, and technology 
transfer activities concerning innovative mate-
rials. 
‘‘(B) APPLICATIONS.—To receive a grant 
under this subsection, an entity described in 
subparagraph (A) shall submit an application to
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the Secretary. The application shall be in such 
form and contain such information as the Sec-
retary may require. The Secretary shall select 
and approve an application based on whether 
the project that is the subject of the grant 
meets the purpose of the program described in 
paragraph (2).’’; and 
(4) by striking paragraph (8) and inserting the 
following: 
‘‘(8) TECHNOLOGY AND INFORMATION TRANS-
FER.—The Secretary shall ensure that the informa-
tion and technology resulting from research con-
ducted under paragraph (7) is made available to 
State and local transportation departments and 
other interested parties as specified by the Sec-
retary.’’. 
(b) INNOVATIVE PAVEMENT RESEARCH
AND DE-
PLOYMENT PROGRAM.— 
(1) IN GENERAL.—Section 503 of such title is 
further amended by adding at the end the following: 
‘‘(c) INNOVATIVE PAVEMENT RESEARCH AND DE-
PLOYMENT PROGRAM.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish and implement a program to promote, dem-
onstrate, support, and document the application of
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‘‘(F) the evaluation, refinement, and docu-
mentation of the performance and benefits of 
innovative technologies deployed to improve life, 
performance, cost effectiveness, safety, and cus-
tomer satisfaction; 
‘‘(G) effective technology transfer and in-
formation dissemination to accelerate imple-
mentation of innovative technologies and to im-
prove life, performance, cost effectiveness, safe-
ty, and customer satisfaction; and 
‘‘(H) the development of designs and mate-
rials to reduce storm water runoff. 
‘‘(3) RESEARCH
TO
IMPROVE
NHS
PAVE-
MENT.—The Secretary shall obligate not less than 
$2,000,000 for fiscal year 2004 and $6,000,000 for 
each of fiscal years 2005 through 2009 from funds 
made available to carry out this subsection to con-
duct research to improve asphalt pavement, concrete 
pavement, and aggregates used in highways on the 
National Highway System.’’. 
(2) FUNDING.—Of the amounts made available 
by section 5101(a)(1) of this Act, $5,000,000 for 
fiscal year 2004 and $15,000,000 for each of fiscal 
years 2005 through 2009 shall be available to carry 
out section 503(c) of title 23, United States Code.
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(c) SAFETY INNOVATION DEPLOYMENT PROGRAM.— 
(1) IN GENERAL.—Section 503 of such title is 
further amended by adding the following: 
‘‘(d) SAFETY
INNOVATION
DEPLOYMENT
PRO-
GRAM.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish and implement a program to demonstrate the 
application of innovative technologies in highway 
safety. 
‘‘(2) GOALS.—The goals of the program shall 
include— 
‘‘(A) the deployment and evaluation of 
safety technologies and innovations at State 
and local levels; and 
‘‘(B) the deployment of best practices in 
training, management, design, and planning. 
‘‘(3) GRANTS, COOPERATIVE AGREEMENTS, AND 
CONTRACTS.— 
‘‘(A) IN GENERAL.—Under the program, 
the Secretary shall make grants to, and enter 
into cooperative agreements and contracts with, 
States, other Federal agencies, universities and 
colleges, private sector entities, and nonprofit 
organizations for research, development, and
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technology transfer for innovative safety tech-
nologies. 
‘‘(B) APPLICATIONS.—To receive a grant 
under this subsection, an entity described in 
subparagraph (A) shall submit an application to 
the Secretary. The application shall be in such 
form and contain such information as the Sec-
retary may require. The Secretary shall select 
and approve the applications based on whether 
the project that is the subject of the application 
meets the goals of the program described in 
paragraph (2). 
‘‘(4) TECHNOLOGY AND INFORMATION TRANS-
FER.—The Secretary shall take such action as is 
necessary to ensure that the information and tech-
nology resulting from research conducted under 
paragraph (3) is made available to State and local 
transportation departments and other interested 
parties as specified by the Secretary.’’. 
(2) FUNDING.—Of the amounts made available 
by section 5101(a)(1) of this Act, $5,000,000 for 
fiscal year 2004 and $15,000,000 for each of fiscal 
years 2005 through 2009 shall be available to carry 
out section 503(d) of title 23, United States Code.
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(d) 
AUTHORITY
TO
PURCHASE
PROMOTIONAL 
ITEMS.—Section 503 of such title is further amended by 
adding at the end the following: 
‘‘(e) PROMOTIONAL AUTHORITY.—Funds authorized 
to be appropriated for necessary expenses for administra-
tion and operation of the Federal Highway Administration 
shall be available to purchase promotional items of nomi-
nal value for use in the recruitment of individuals and to 
promote the programs of the Federal Highway Adminis-
tration.’’. 
(e) WOOD COMPOSITE MATERIALS DEMONSTRATION 
PROJECT.— 
(1) FUNDING.—Of the funds made available to 
carry out section 5101(a)(1), $1,000,000 shall be 
made available by the Secretary for each of fiscal 
years 2005 and 2006 for conducting a demonstra-
tion of the durability and potential effectiveness of 
wood composite materials in multimodal transpor-
tation facilities. 
(2) FEDERAL SHARE.—The Federal share of 
the cost of the demonstration under paragraph (1) 
shall be 100 percent. 
SEC. 5205. TRAINING AND EDUCATION. 
(a) NATIONAL HIGHWAY INSTITUTE.—
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(1) IN
GENERAL.—Section 504(a)(3) of title 
23, United States Code, is amended to read as fol-
lows: 
‘‘(3) COURSES.—The Institute may develop and 
administer courses in modern developments, tech-
niques, methods, regulations, management, and pro-
cedures in areas, including surface transportation, 
environmental mitigation, compliance, stewardship, 
and streamlining, acquisition of rights-of-way, relo-
cation assistance, engineering, safety, transportation 
system management and operations, construction, 
maintenance, contract administration, inspection, 
and highway finance.’’. 
(2) FUNDING.—Of the amounts made available 
by section 5101(a)(2) of this Act, $8,000,000 for 
fiscal year 2004 and $8,500,000 for each of fiscal 
years 2005 through 2009 shall be available to carry 
out section 504(a) of title 23, United States Code. 
(b) LOCAL TECHNICAL ASSISTANCE PROGRAM.— 
(1) IN GENERAL.—Section 504(b) of such title 
is amended by adding at the end the following: 
‘‘(3) FEDERAL SHARE.— 
‘‘(A) GRANTS.—A grant under this sub-
section may be used to pay up to 50 percent of 
local technical assistance program costs. Funds
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available for technology transfer and training 
purposes under this title and title 49 may be 
used to cover the remaining 50 percent of the 
program costs. 
‘‘(B) 
TRIBAL
TECHNICAL
ASSISTANCE 
CENTERS.—The Federal share of the cost of ac-
tivities carried out by the tribal technical assist-
ance centers under paragraph (2)(D)(ii) shall 
be 100 percent.’’. 
(2) FUNDING.—Of the amounts made available 
by section 5101(a)(2) of this Act, $12,000,000 for 
fiscal year 2004 and $14,000,000 for each of fiscal 
years 2005 through 2009 shall be available to carry 
out section 504(b) of title 23, United States Code. 
(c) EISENHOWER TRANSPORTATION FELLOWSHIP 
PROGRAM.—Of the amounts made available by section 
5101(a)(2) of this Act, $2,000,000 for fiscal year 2004 
and $2,500,000 for each of fiscal years 2005 through 
2009 shall be available to carry out section 504(c)(2) of 
title 23, United States Code. 
(d) GARRETT A. MORGAN TECHNOLOGY AND TRANS-
PORTATION EDUCATION PROGRAM.— 
(1) IN
GENERAL.—Section 504 of title 23, 
United States Code, as amended by this section, is
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further amended by adding at the end the following 
new subsection: 
‘‘(d) GARRETT
A. MORGAN
TECHNOLOGY
AND 
TRANSPORTATION EDUCATION PROGRAM.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish the Garrett A. Morgan Technology and Trans-
portation Education Program to improve the prepa-
ration of students, particularly women and minori-
ties, in science, technology, engineering, and mathe-
matics through curriculum development and other 
activities related to transportation. 
‘‘(2) AUTHORIZED ACTIVITIES.—The Secretary 
shall award grants under this subsection on the 
basis of competitive, peer review. Grants awarded 
under this subsection may be used for enhancing 
science, technology, engineering, and mathematics at 
the elementary and secondary school level through 
such means as— 
‘‘(A) internships that offer students experi-
ence in the transportation field; 
‘‘(B) programs that allow students to 
spend time observing scientists and engineers in 
the transportation field; and
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‘‘(C) developing relevant curriculum that 
uses examples and problems related to trans-
portation. 
‘‘(3) 
APPLICATION
AND
REVIEW
PROCE-
DURES.— 
‘‘(A) IN GENERAL.—An entity described in 
subparagraph (C) seeking funding under this 
subsection shall submit an application to the 
Secretary at such time, in such manner, and 
containing such information as the Secretary 
may require. Such application, at a minimum, 
shall include a description of how the funds will 
be used and a description of how the funds will 
be used to serve the purposes described in para-
graph (2). 
‘‘(B) PRIORITY.—In making awards under 
this subsection, the Secretary shall give priority 
to applicants that will encourage the participa-
tion of women and minorities. 
‘‘(C) ELIGIBILITY.—Local education agen-
cies and State education agencies, which may 
partner with institutions of higher education, 
businesses, or other entities, shall be eligible to 
apply for grants under this subsection.
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‘‘(4) DEFINITIONS.—For purposes of this sub-
section— 
‘‘(A) the term ‘institution of higher edu-
cation’ has the meaning given that term in sec-
tion 101 of the Higher Education Act of 1965 
(20 U.S.C. 1001); 
‘‘(B) the term ‘local educational agency’ 
has the meaning given that term in section 
9101 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7801); and 
‘‘(C) the term ‘State educational agency’ 
has the meaning given that term in section 
9101 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7801).’’. 
(2) FUNDING.—Of the amounts made available 
by section 5101(a)(2) of this Act, $500,000 for 
2004 and $1,000,000 for each of fiscal years 2005 
through 2009 shall be available to carry out section 
504(d) of title 23, United States Code. 
(e) SURFACE TRANSPORTATION WORKFORCE DE-
VELOPMENT, TRAINING, AND EDUCATION.—Section 504 
of such title is further amended by adding at the end the 
following: 
‘‘(e) SURFACE TRANSPORTATION WORKFORCE DE-
VELOPMENT, TRAINING, AND EDUCATION.—
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‘‘(1) FUNDING.—Subject to project approval by 
the Secretary, a State may obligate funds appor-
tioned to the State under sections 104(b)(1), 
104(b)(2), 104(b)(3), 104(b)(4), and 144(e) for sur-
face transportation workforce development, training 
and education, including— 
‘‘(A) tuition and direct educational ex-
penses, excluding salaries, in connection with 
the education and training of employees of 
State and local transportation agencies; 
‘‘(B) employee professional development; 
‘‘(C) student internships; 
‘‘(D) university or community college sup-
port; and 
‘‘(E) education activities, including out-
reach, to develop interest and promote partici-
pation in surface transportation careers. 
‘‘(2) FEDERAL SHARE.—The Federal share of 
the cost of activities carried out in accordance with 
this subsection shall be 100 percent. 
‘‘(3) SURFACE
TRANSPORTATION
WORKFORCE 
DEVELOPMENT, TRAINING, AND
EDUCATION
DE-
FINED.—In this subsection, the term ‘surface trans-
portation workforce development, training, and edu-
cation’ means activities associated with surface
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transportation career awareness, student transpor-
tation career preparation, and training and profes-
sional development for surface transportation work-
ers, including activities for women and minorities.’’. 
(f) TRANSPORTATION EDUCATION DEVELOPMENT 
PILOT PROGRAM.—Section 504 of title 23, United States 
Code, is amended by inserting after subsection (e) the fol-
lowing: 
‘‘(f) TRANSPORTATION EDUCATION DEVELOPMENT 
PILOT PROGRAM.— 
‘‘(1) ESTABLISHMENT.—The Secretary shall es-
tablish a program to make grants to institutions of 
higher education that in partnership with industry 
or State Departments of Transportation will de-
velop, test, and revise new curricula and education 
programs to train individuals at all levels of the 
transportation workforce. 
‘‘(2) SELECTION
OF
GRANT
RECIPIENTS.—In 
selecting applications for awards under this sub-
section, the Secretary shall consider— 
‘‘(A) the degree to which the new curricula 
or education program meets the specific needs 
of a segment of the transportation industry, 
States, or regions;
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‘‘(B) providing for practical experience and 
on-the-job training; 
‘‘(C) proposals oriented toward practi-
tioners in the field rather than the support and 
growth of the research community; 
‘‘(D) the degree to which the new curricula 
or program will provide training in areas other 
than engineering, such as business administra-
tion, economics, information technology, envi-
ronmental science, and law; 
‘‘(E) programs or curricula in nontradi-
tional departments which train professionals for 
work in the transportation field, such as mate-
rials, information technology, environmental 
science, urban planning, and industrial tech-
nology; and 
‘‘(F) industry or a State’s Department of 
Transportation commitment to the program. 
‘‘(3) FUNDING.—Of the amounts made avail-
able by section 5101(a)(2) of this Act, $1,500,000 
for each of fiscal years 2005 through 2009 shall be 
available to carry out this subsection. 
‘‘(4) LIMITATIONS.—The amount of a grant 
under this subsection shall not exceed $250,000 per 
year. After a recipient has received 3 years of Fed-
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eral funding under this subsection, Federal funding 
may equal no more than 75 percent of a grantee’s 
program costs.’’. 
(g) DEFINITIONS AND DECLARATION OF POLICY.— 
Section 101(a)(3) of such title is amended— 
(1) by striking ‘‘and’’ at the end of subpara-
graph (G); 
(2) by striking the period at the end of sub-
paragraph (H) and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(I) surface transportation workforce de-
velopment, training, and education.’’. 
(h) 
TRANSPORTATION
TECHNOLOGY
INNOVA-
TIONS.— 
(1) FUNDAMENTAL PROPERTIES OF ASPHALTS 
AND
MODIFIED
ASPHALTS.—The Secretary shall 
continue to carry out section 5117(b)(5) of the 
Transportation Equity Act for the 21st Century 
(112 Stat. 450). 
(2) TRANSPORTATION, ECONOMIC, AND
LAND 
USE SYSTEM.—The Secretary shall continue to carry 
out section 5117(b)(7) of the Transportation Equity 
Act for the 21st Century (112 Stat. 450). 
(3) FUNDING.—Of the amounts made available 
for each of fiscal years 2004 through 2009 by sec-
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tion 5101(a)(1) of this Act, $3,000,000 shall be 
available to carry out paragraph (1) and $1,000,000 
shall be available to carry out paragraph (2). 
(4) 
USE
OF
RIGHTS-OF-WAY.—Section 
5117(b)(3) of the Transportation Equity Act for the 
21st Century (112 Stat. 449; 112 Stat. 864; 115 
Stat. 2330) is amended— 
(A) by redesignating subparagraphs (E) 
through (G) as subparagraphs (F) through (H), 
respectively; and 
(B) by inserting after subparagraph (D) 
the following: 
‘‘(E) USE OF RIGHTS-OF-WAY.— 
‘‘(i) IN
GENERAL.—An intelligent 
transportation system project described in 
paragraph (3), and an intelligent transpor-
tation system project described in para-
graph (6), that involves privately owned in-
telligent transportation system components 
and is carried out using funds made avail-
able from the Highway Trust Fund (other 
than the Mass Transit Account) shall not 
be subject to any law or regulation of a 
State or political subdivision of a State 
prohibiting or regulating commercial activi-
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ties in the rights-of-way of a highway for 
which funds from the Highway Trust 
Fund (other than the Mass Transit Ac-
count) have been used for planning, de-
sign, construction, or maintenance if the 
Secretary determines that such use is in 
the public interest. 
‘‘(ii) LIMITATION ON STATUTORY CON-
STRUCTION.—Nothing in this subpara-
graph shall be construed to affect the au-
thority of a State, or political subdivision 
of a State, to regulate highway safety.’’. 
SEC. 5206. FREIGHT PLANNING CAPACITY BUILDING. 
(a) IN GENERAL.—Section 504 of title 23, United 
States Code, is amended further by adding at the end the 
following: 
‘‘(f) FREIGHT CAPACITY BUILDING PROGRAM.— 
‘‘(1) ESTABLISHMENT.—The Secretary shall es-
tablish a freight planning capacity building initiative 
to support enhancements in freight transportation 
planning in order to— 
‘‘(A) better target investments in freight 
transportation systems to maintain efficiency 
and productivity; and
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‘‘(B) strengthen the decisionmaking capac-
ity of State transportation departments and 
local transportation agencies with respect to 
freight transportation planning and systems. 
‘‘(2) AGREEMENTS.—The Secretary shall enter 
into agreements to support and carry out adminis-
trative and management activities relating to the 
governance of the freight planning capacity initia-
tive. 
‘‘(3) STAKEHOLDER
INVOLVEMENT.—In car-
rying out this section, the Secretary shall consult 
with the Association of Metropolitan Planning Orga-
nizations, the American Association of State High-
way and Transportation Officials, and other freight 
planning stakeholders, including the other Federal 
agencies, State transportation departments, local 
governments, nonprofit entities, academia, and the 
private sector. 
‘‘(4) ELIGIBLE ACTIVITIES.—The freight plan-
ning capacity building initiative shall include re-
search, training, and education in the following 
areas: 
‘‘(A) The identification and dissemination 
of best practices in freight transportation.
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‘‘(B) Providing opportunities for freight 
transportation staff to engage in peer exchange. 
‘‘(C) Refinement of data and analysis tools 
used in conjunction with assessing freight 
transportation needs. 
‘‘(D) Technical assistance to State trans-
portation departments and local transportation 
agencies reorganizing to address freight trans-
portation issues. 
‘‘(E) Facilitating relationship building be-
tween governmental and private entities in-
volved in freight transportation. 
‘‘(F) Identifying ways to target the capac-
ity of State transportation departments and 
local transportation agencies to address freight 
considerations in operations, security, asset 
management, and environmental excellence in 
connection with long-range multimodal trans-
portation planning and project implementation. 
‘‘(5) FUNDING.— 
‘‘(A) 
FEDERAL
SHARE.—The 
Federal 
share of the cost of an activity carried out 
under this section shall be up to 100 percent, 
and such funds shall remain available until ex-
pended.
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‘‘(B) USE
OF
NON-FEDERAL
FUNDS.— 
Funds made available for the program estab-
lished under this subsection may be used for re-
search, program development, information col-
lection and dissemination, and technical assist-
ance. The Secretary may use such funds inde-
pendently or make grants to, or enter into con-
tracts, cooperative agreements, and other trans-
actions with, a Federal agency, State agency, 
local agency, Federally recognized Indian tribal 
government or tribal consortium, authority, as-
sociation, nonprofit or for-profit corporation, or 
institution of higher education, to carry out the 
purposes of this subsection.’’. 
(b) FUNDING.—Of the amounts made available by 
section 5101(a)(2) of this Act, $1,500,000 for fiscal year 
2004 and $5,000,000 for each of fiscal years 2005 
through 2009 shall be available to carry out section 504(f) 
of title 23, United States Code. 
(c) TECHNICAL AMENDMENT.—Section 508(c)(3)(C) 
of such title is amended by inserting ‘‘of title 31’’ after 
‘‘1116’’.
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SEC. 5207. ADVANCED TRAVEL FORECASTING PROCEDURES 
PROGRAM. 
(a) 
CONTINUATION
AND
ACCELERATION
OF 
TRANSIMS DEPLOYMENT.—The Secretary shall accel-
erate the deployment of the advanced transportation 
model known as the ‘‘Transportation Analysis Simulation 
System’’ (in this section referred to as ‘‘TRANSIMS’’), 
developed by the Los Alamos National Laboratory. The 
program shall assist State departments of transportation 
and metropolitan planning organizations in the implemen-
tation of TRANSIMS, develop methods for TRANSIMS 
applications to transportation planning and air quality 
analysis, and provide training and technical assistance for 
the implementation of TRANSIMS. The program may 
support the development of methods to plan for the trans-
portation response to chemical and biological terrorism 
and other security concerns. 
(b) ELIGIBLE ACTIVITIES.—The Secretary shall use 
funds made available by section 5101(a)(1) to— 
(1) provide funding to State departments of 
transportation and metropolitan planning organiza-
tions serving transportation management areas des-
ignated under chapter 52 of title 49, United States 
Code, representing a diversity of populations, geo-
graphic regions, and analytic needs to implement 
TRANSIMS;
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(2) develop methods to demonstrate a wide 
spectrum of TRANSIMS applications to support 
metropolitan and statewide transportation planning, 
including integrating highway and transit oper-
ational considerations into the transportation plan-
ning process; and 
(3) provide training and technical assistance 
with respect to the implementation and application 
of TRANSIMS to States, local governments, and 
metropolitan planning organizations with responsi-
bility for travel modeling. 
(c) ALLOCATION OF FUNDS.—Not more than 75 per-
cent of the funds made available to carry out this section 
may be allocated to activities described in subsection 
(b)(1). 
(d) FUNDING.—Of the amounts made available by 
section 5101(a)(1) of this Act, $1,000,000 for fiscal year 
2004 and $3,000,000 for each of fiscal years 2005 
through 2009 shall be available to carry out this section. 
SEC. 5208. NATIONAL COOPERATIVE FREIGHT TRANSPOR-
TATION RESEARCH PROGRAM. 
(a) IN GENERAL.—Chapter 5 of title 23, United 
States Code, is further amended by adding at the end the 
following:
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HR 3550 PCS 
‘‘§ 509. National cooperative freight transportation 
research program 
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish and support a national cooperative freight transpor-
tation research program. 
‘‘(b) AGREEMENT.—The Secretary shall enter into an 
agreement with the National Academy of Sciences to sup-
port and carry out administrative and management activi-
ties relating to the governance of the national cooperative 
freight transportation research program. 
‘‘(c) ADVISORY COMMITTEE.—The National Acad-
emy of Sciences shall select an advisory committee con-
sisting of a representative cross-section of freight stake-
holders, including the Department of Transportation, 
other Federal agencies, State transportation departments, 
local governments, nonprofit entities, academia, and the 
private sector. 
‘‘(d) 
GOVERNANCE.—The 
national 
cooperative 
freight transportation research program established under 
this section shall include the following administrative and 
management elements: 
‘‘(1) NATIONAL RESEARCH AGENDA.—The advi-
sory committee, in consultation with interested par-
ties, shall recommend a national research agenda for 
the program. The agenda shall include a multiyear 
strategic plan.
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‘‘(2) INVOLVEMENT.—Interested parties may— 
‘‘(A) submit research proposals to the advi-
sory committee; 
‘‘(B) participate in merit reviews of re-
search proposals and peer reviews of research 
products; and 
‘‘(C) receive research results. 
‘‘(3) OPEN COMPETITION AND PEER REVIEW OF 
RESEARCH PROPOSALS.—The National Academy of 
Sciences may award research contracts and grants 
under the program through open competition and 
merit review conducted on a regular basis. 
‘‘(4) EVALUATION OF RESEARCH.— 
‘‘(A) PEER REVIEW.—Research contracts 
and grants under the program may allow peer 
review of the research results. 
‘‘(B) PROGRAMMATIC EVALUATIONS.—The 
National Academy of Sciences may conduct 
periodic programmatic evaluations on a regular 
basis of research contracts and grants. 
‘‘(5) DISSEMINATION
OF
RESEARCH
FIND-
INGS.—The National Academy of Sciences shall dis-
seminate research findings to researchers, practi-
tioners, and decisionmakers, through conferences 
and seminars, field demonstrations, workshops,
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training programs, presentations, testimony to gov-
ernment officials, World Wide Web, publications for 
the general public, and other appropriate means. 
‘‘(e) CONTENTS.—The national research agenda re-
quired under subsection (d)(1) shall include research in 
the following areas: 
‘‘(1) Techniques for estimating and quantifying 
public benefits derived from freight transportation 
projects. 
‘‘(2) Alternative approaches to calculating the 
contribution of truck and rail traffic to congestion 
on specific highway segments. 
‘‘(3) The feasibility of consolidating origins and 
destinations for freight movement. 
‘‘(4) Methods for incorporating estimates of 
international trade into landside transportation plan-
ning. 
‘‘(5) The use of technology applications to in-
crease capacity of highway lanes dedicated to truck- 
only traffic. 
‘‘(6) Development of physical and policy alter-
natives for separating car and truck traffic. 
‘‘(7) Ways to synchronize infrastructure im-
provements with freight transportation demand.
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‘‘(8) The effect of changing patterns of freight 
movement on transportation planning decisions re-
lating to rest areas. 
‘‘(9) Other research areas to identify and ad-
dress the emerging and future research needs re-
lated to freight transportation by all modes. 
‘‘(f) FUNDING.— 
‘‘(1) FEDERAL SHARE.—The Federal share of 
the cost of an activity carried out under this section 
shall be up to 100 percent, and such funds shall re-
main available until expended. 
‘‘(2) USE OF NON-FEDERAL FUNDS.—In addi-
tion to using funds authorized for this section, the 
National Academy of Sciences may seek and accept 
additional funding sources from public and private 
entities capable of accepting funding from the De-
partment of Transportation, States, local govern-
ments, nonprofit foundations, and the private sec-
tor.’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
such chapter is further amended by adding at the end the 
following: 
‘‘509. National cooperative freight transportation research program.’’. 
(c) FUNDING.—Of the amounts made available by 
section 5101(a)(1) of this Act, $1,500,000 for fiscal year 
2004 and $4,000,000 for each of fiscal years 2005
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through 2009 shall be available to carry out section 509 
of title 23, United States Code. 
SEC. 5209. FUTURE STRATEGIC HIGHWAY RESEARCH PRO-
GRAM. 
(a) IN GENERAL.—Chapter 5 of title 23, United 
States Code, is further amended by adding at the end the 
following: 
‘‘§ 510. Future strategic highway research program 
‘‘(a) ESTABLISHMENT.—The Secretary, in consulta-
tion with the American Association of State Highway and 
Transportation Officials, shall establish and carry out, 
acting through the National Research Council of the Na-
tional Academy of Sciences, the future strategic highway 
research program. 
‘‘(b) COOPERATIVE AGREEMENTS.—The Secretary 
may make grants to, and enter into cooperative agree-
ments with, the American Association of State Highway 
and Transportation Officials and the National Academy 
of Sciences to carry out such activities under this sub-
section as the Secretary determines are appropriate. 
‘‘(c) PERIOD OF AVAILABILITY.—Funds made avail-
able to carry out this section shall remain available for 
the fiscal year in which such funds are made available and 
the 3 succeeding fiscal years. 
‘‘(d) PROGRAM PRIORITIES.—
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‘‘(1) PROGRAM ELEMENTS.—The program es-
tablished under this section shall be based on the 
National Research Council Special Report 260, enti-
tled ‘Strategic Highway Research: Saving Lives, Re-
ducing Congestion, Improving Quality of Life’ and 
the results of the detailed planning work subse-
quently carried out in 2002 and 2003 to identify the 
research areas through National Cooperative Re-
search Program Project 20–58. The research pro-
gram shall include an analysis of the following: 
‘‘(A) Renewal of aging highway infrastruc-
ture with minimal impact to users of the facili-
ties. 
‘‘(B) Driving behavior and likely crash 
causal factors to support improved counter-
measures. 
‘‘(C) Reducing highway congestion due to 
nonrecurring congestion. 
‘‘(D) Planning and designing new road ca-
pacity to meet mobility, economic, environ-
mental, and community needs. 
‘‘(2) DISSEMINATION
OF
RESULTS.—The re-
search results of the program, expressed in terms of 
technologies, methodologies, and other appropriate
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categorizations, shall be disseminated to practicing 
engineers for their use, as soon as practicable. 
‘‘(e) PROGRAM ADMINISTRATION.—In carrying out 
the program under this section, the National Research 
Council shall ensure, to the maximum extent practicable, 
that— 
‘‘(1) projects and researchers are selected to 
conduct research for the program on the basis of 
merit and open solicitation of proposals and review 
by panels of appropriate experts; 
‘‘(2) State department of transportation offi-
cials and other stakeholders, as appropriate, are in-
volved in the governance of the program at the over-
all program level and technical level through the use 
of expert panels and committees; 
‘‘(3) the Council acquires a qualified, perma-
nent core staff with the ability and expertise to man-
age the program and multiyear budget; and 
‘‘(4) there is no duplication of research effort 
between the program and any other research effort 
of the Department. 
‘‘(f) REPORT ON IMPLEMENTATION OF RESULTS.— 
‘‘(1) REPORT.—The Transportation Research 
Board of the National Research Council shall com-
plete a report on the strategies and administrative
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structure to be used for implementation of the re-
sults of the future strategic highway research pro-
gram. 
‘‘(2) COMPONENTS.—The report under para-
graph (1) shall include with respect to the pro-
gram— 
‘‘(A) an identification of the most prom-
ising results of research under the program (in-
cluding the persons most likely to use the re-
sults); 
‘‘(B) a discussion of potential incentives 
for, impediments to, and methods of, imple-
menting those results; 
‘‘(C) an estimate of costs of implementa-
tion of those results; and 
‘‘(D) recommendations on methods by 
which implementation of those results should be 
conducted, coordinated, and supported in future 
years, including a discussion of the administra-
tive structure and organization best suited to 
carry out those recommendations. 
‘‘(3) CONSULTATION.—In developing the report, 
the Transportation Research Board shall consult 
with a wide variety of stakeholders, including— 
‘‘(A) the Federal Highway Administration;
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‘‘(B) the National Highway Traffic Safety 
Administration; and 
‘‘(C) the American Association of State 
Highway and Transportation Officials. 
‘‘(4) SUBMISSION.—Not later than February 1, 
2009, the report shall be submitted to the Com-
mittee on Environment and Public Works of the 
Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives. 
‘‘(g) LIMITATION OF REMEDIES.— 
‘‘(1) SAME REMEDY AS IF UNITED STATES.— 
The remedy against the United States provided by 
sections 1346(b) and 2672 of title 28 for injury, loss 
of property, personal injury, or death shall apply to 
any claim against the National Academy of Sciences 
for money damages for injury, loss of property, per-
sonal injury, or death caused by any negligent or 
wrongful act or omission by employees and individ-
uals described in paragraph (3) arising from activi-
ties conducted under or in connection with this sec-
tion. Any such claim shall be subject to the limita-
tions and exceptions which would be applicable to 
such claim if such claim were against the United 
States. With respect to any such claim, the Sec-
retary shall be treated as the head of the appro-
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priate Federal agency for purposes of sections 2672 
and 2675 of title 28. 
‘‘(2) EXCLUSIVENESS OF REMEDY.—The rem-
edy referred to in paragraph (1) shall be exclusive 
of any other civil action or proceeding for the pur-
pose of determining liability arising from any such 
act or omission without regard to when the act or 
omission occurred. 
‘‘(3) TREATMENT.—Employees of the National 
Academy of Sciences and other individuals appointed 
by the president of the National Academy of 
Sciences and acting on its behalf in connection with 
activities carried out under this section shall be 
treated as if they are employees of the Federal Gov-
ernment under section 2671 of title 28 for purposes 
of a civil action or proceeding with respect to a claim 
described in paragraph (1). The civil action or pro-
ceeding shall proceed in the same manner as any 
proceeding under chapter 171 of title 28 or action 
against the United States filed pursuant to section 
1346(b) of title 28 and shall be subject to the limita-
tions and exceptions applicable to such a proceeding 
or action. 
‘‘(4) SOURCES OF PAYMENTS.—Payment of any 
award, compromise, or settlement of a civil action or
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proceeding with respect to a claim described in para-
graph (1) shall be paid first out of insurance main-
tained by the National Academy of Sciences, second 
from funds made available to carry out this section, 
and then from sums made available under section 
1304 of title 31. For purposes of such section, such 
an award, compromise, or settlement shall be 
deemed to be a judgment, award, or settlement pay-
able under section 2414 or 2672 of title 28. The 
Secretary may establish a reserve of funds made 
available to carry out this section for making pay-
ments under this paragraph. 
‘‘(h) FUNDING.— 
‘‘(1) FEDERAL SHARE.—The Federal share of 
the cost of an activity carried out using amounts 
made available under a grant or cooperative agree-
ment under this section shall be 100 percent, and 
such funds shall remain available until expended. 
‘‘(2) ADVANCE PAYMENTS.—The Secretary may 
make advance payments as necessary to carry out 
the program under this section.’’. 
(b) PROGRAMMATIC EVALUATIONS.—Within 3 years 
after the first research and development project grants, 
cooperative agreements, or contracts are awarded under 
this section, the Comptroller General shall review the pro-
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gram under this section, and recommend improvements. 
The review shall assess the degree to which projects fund-
ed under this section have addressed the research and de-
velopment topics identified in the Transportation Research 
Board Special Report 260, including identifying those top-
ics which have not yet been addressed. 
(c) CONFORMING AMENDMENT.—The analysis for 
such chapter is further amended by adding at the end the 
following: 
‘‘510. Future strategic highway research program.’’. 
(d) FUNDING.—Of the amounts made available by 
section 5101(a)(1) of this Act, $17,000,000 for fiscal year 
2004, $60,000,000 for fiscal year 2005, and $63,000,000 
for each of fiscal years 2006 through 2009, shall be avail-
able to carry out section 510 of title 23, United States 
Code. 
SEC. 5210. TRANSPORTATION SAFETY INFORMATION MAN-
AGEMENT SYSTEM PROJECT. 
(a) IN GENERAL.—The Secretary shall fund and 
carry out a project to further the development of a com-
prehensive transportation safety information management 
system (in this section referred to as ‘‘TSIMS’’). 
(b) PURPOSES.—The purpose of the TSIMS project 
is to further the development of a software application to 
provide for the collection, integration, management, and 
dissemination of safety data from and for use among State
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and local safety and transportation agencies, including 
driver licensing, vehicle registration, emergency manage-
ment system, injury surveillance, roadway inventory, and 
motor carrier databases. 
(c) FUNDING.— 
(1) FEDERAL CONTRIBUTION.—Of the amounts 
made available by section 5101(a)(1) of this Act, 
$1,000,000 for fiscal year 2004 and $3,000,000 for 
fiscal year 2005 shall be available to carry out the 
TSIMS project under this section. 
(2) STATE CONTRIBUTION.—The sums author-
ized in paragraph (1) are intended to supplement 
voluntary contributions to be made by State depart-
ments of transportation and other State safety and 
transportation agencies. 
SEC. 5211. SURFACE TRANSPORTATION CONGESTION RE-
LIEF SOLUTIONS RESEARCH INITIATIVE. 
(a) ESTABLISHMENT.—During fiscal year 2004, the 
Secretary, acting through the Federal Highway Adminis-
tration, shall establish a surface transportation congestion 
solutions research initiative consisting of 2 independent 
research programs described in subsections (b)(1) and 
(b)(2) and designed to develop information to assist State 
transportation departments and metropolitan planning or-
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ganizations measure and address surface transportation 
congestion problems. 
(b) SURFACE TRANSPORTATION CONGESTION SOLU-
TIONS RESEARCH PROGRAM.— 
(1) IMPROVED SURFACE TRANSPORTATION CON-
GESTION
MANAGEMENT
SYSTEM
MEASURES.—The 
purposes of the first research program established 
under this section shall be— 
(A) to examine the effectiveness of surface 
transportation congestion management systems 
since enactment of the Intermodal Surface 
Transportation Assistance Act of 1991 (Public 
Law 102–240); 
(B) to identify best case examples of lo-
cally designed reporting methods and incor-
porate such methods in research on national 
models for developing and recommending im-
proved surface transportation congestion meas-
urement and reporting; and 
(C) to incorporate such methods in the de-
velopment of national models and methods to 
monitor, measure, and report surface transpor-
tation congestion information. 
(2) ANALYTICAL TECHNIQUES FOR ACTION ON 
SURFACE TRANSPORTATION CONGESTION.—The pur-
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poses of the second research program established 
under this section shall be— 
(A) to analyze the effectiveness of proce-
dures used by State transportation departments 
and metropolitan planning organizations to as-
sess surface transportation congestion problems 
and communicate those problems to decision-
makers; and 
(B) to identify methods to ensure that the 
results of surface transportation congestion 
analyses will lead to the targeting of funding 
for programs, projects, or services with dem-
onstrated effectiveness in reducing travel delay, 
congestion, and system unreliability. 
(c) TECHNICAL ASSISTANCE AND TRAINING.—In fis-
cal year 2006, the Secretary, acting through the Federal 
Highway Administration, shall develop a technical assist-
ance and training program to disseminate the results of 
the surface transportation congestion solutions research 
initiative for the purpose of assisting State transportation 
departments and local transportation agencies with im-
proving their approaches to surface transportation conges-
tion measurement, analysis, and project programming. 
(d) FUNDING.—Of the amounts made available by 
sections 5101(a)(1) of this Act, $4,000,000 for fiscal year
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2004 and $11,000,000 for each of fiscal years 2005 
through 2009 shall be available to carry out subsections 
(a) and (b). Of the amounts made available by section 
5101(a)(2), $500,000 for fiscal year 2004 and $1,000,000 
for each of fiscal years 2005 through 2009 shall be avail-
able to carry out subsection (c). 
SEC. 5212. MOTOR CARRIER EFFICIENCY STUDY. 
(a) IN GENERAL.—The Secretary, in coordination 
with the motor carrier and wireless technology industry, 
shall conduct a study to— 
(1) identify inefficiencies in the transportation 
of freight; 
(2) evaluate the safety, productivity, and re-
duced cost improvements that may be achieved 
through the use of wireless technologies to address 
the inefficiencies identified in paragraph (1); and 
(3) conduct, as appropriate, field tests dem-
onstrating the technologies identified in paragraph 
(2). 
(b) PROGRAM ELEMENTS.—The program shall in-
clude, at a minimum, the following: 
(1) Fuel monitoring and management systems. 
(2) Electronic document imaging. 
(3) Border pre-clearance systems. 
(4) Radio Frequency Identification technology.
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(5) Electronic manifest systems. 
(6) Cargo theft prevention. 
(c) FEDERAL SHARE.—The Federal share of the cost 
of the study under this section shall be 100 percent. 
(d) ANNUAL REPORT.—The Secretary shall prepare 
and transmit to Congress an annual report on the pro-
grams and activities carried out under this section. 
(e) FUNDING.—From funds made available under 
section 5101(a)(1), the Secretary shall make available 
$1,000,000 to the Federal Motor Carrier Safety Adminis-
tration for each of fiscal years 2005 through 2009 to carry 
out this section. 
SEC. 5213. TRANSPORTATION RESEARCH AND DEVELOP-
MENT STRATEGIC PLANNING. 
(a) AMENDMENT.—Section 508 of title 23, United 
States Code, is amended to read as follows: 
‘‘§ 508. Transportation research and development 
strategic planning 
‘‘(a) IN GENERAL.— 
‘‘(1) DEVELOPMENT.—Not later than 1 year 
after the date of enactment of the Surface Transpor-
tation Research and Development Act of 2004, the 
Secretary shall develop a 5-year transportation re-
search and development strategic plan to guide Fed-
eral transportation research and development activi-
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ties. This plan shall be consistent with section 306 
of title 5, sections 1115 and 1116 of title 31, and 
any other research and development plan within the 
Department of Transportation. 
‘‘(2) CONTENTS.—The strategic plan developed 
under paragraph (1) shall— 
‘‘(A) describe the primary purposes of the 
transportation research and development pro-
gram, which shall include, at a minimum— 
‘‘(i) reducing congestion and improv-
ing mobility; 
‘‘(ii) promoting safety; 
‘‘(iii) promoting security; 
‘‘(iv) protecting and enhancing the en-
vironment; 
‘‘(v) preserving the existing transpor-
tation system; and 
‘‘(vi) improving the durability and ex-
tending the life of transportation infra-
structure; 
‘‘(B) for each purpose, list the primary re-
search and development topics that the Depart-
ment intends to pursue to accomplish that pur-
pose, which may include the fundamental re-
search in the physical and natural sciences, ap-
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plied research, technology development, and so-
cial science research intended for each topic; 
and 
‘‘(C) for each research and development 
topic, describe— 
‘‘(i) the anticipated annual funding 
levels for the period covered by the stra-
tegic plan; and 
‘‘(ii) the additional information the 
Department expects to gain at the end of 
the period covered by the strategic plan as 
a result of the research and development in 
that topic area. 
‘‘(3) CONSIDERATIONS.—In developing the stra-
tegic plan, the Secretary shall ensure that the 
plan— 
‘‘(A) reflects input from a wide range of 
stakeholders; 
‘‘(B) includes and integrates the research 
and development programs of all the Depart-
ment’s operating administrations, including 
aviation, transit, rail, and maritime; and 
‘‘(C) takes into account how research and 
development by other Federal, State, private 
sector, and not-for-profit institutions contrib-
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utes to the achievement of the purposes identi-
fied under paragraph (2)(A), and avoids unnec-
essary duplication with these efforts. 
‘‘(4) PERFORMANCE PLANS AND REPORTS.—In 
reports submitted under sections 1115 and 1116 of 
title 31, the Secretary shall include— 
‘‘(A) a summary of the Federal transpor-
tation research and development activities for 
the previous fiscal year in each topic area; 
‘‘(B) the amount of funding spent in each 
topic area; 
‘‘(C) a description of the extent to which 
the research and development is meeting the ex-
pectations set forth in paragraph (2)(C)(ii); and 
‘‘(D) any amendments to the strategic 
plan. 
‘‘(b) The Secretary shall submit to Congress an an-
nual report, along with the President’s annual budget re-
quest, describing the amount spent in the last completed 
fiscal year on transportation research and development 
and the amount proposed in the current budget for trans-
portation research and development. 
‘‘(c) NATIONAL RESEARCH COUNCIL REVIEW.—The 
Secretary shall enter into an agreement for the review by 
the National Research Council of the details of each—
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‘‘(1) strategic plan under section 508; 
‘‘(2) performance plan required under section 
1115 of title 31; and 
‘‘(3) program performance report required 
under section 1116 of title 31, 
with respect to transportation research and develop-
ment.’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
chapter 5 of title 23, United States Code, is amended by 
striking the item related to section 508 and inserting the 
following: 
‘‘508. Transportation research and development strategic planning.’’. 
Subtitle C—University Transpor-
tation 
Research; 
Scholarship 
Opportunities 
SEC. 5301. NATIONAL UNIVERSITY TRANSPORTATION CEN-
TERS. 
(a) IN GENERAL.—Section 5505 of title 49, United 
States Code, is amended to read as follows: 
‘‘§ 5505. National university transportation centers 
‘‘(a) IN GENERAL.— 
‘‘(1) ESTABLISHMENT
AND
OPERATION.—The 
Secretary of Transportation shall make grants under 
this section to eligible nonprofit institutions of high-
er learning to establish and operate national univer-
sity transportation centers.
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‘‘(2) ROLE OF CENTERS.—The role of each cen-
ter shall be to advance significantly transportation 
research on critical national transportation issues 
and to expand the workforce of transportation pro-
fessionals. 
‘‘(b) APPLICABILITY OF REQUIREMENTS.—A grant 
received by an eligible nonprofit institution of higher 
learning under this section shall be available for the same 
purposes, and shall be subject to the same terms and con-
ditions, as a grant made to a nonprofit institution of high-
er learning under section 5506. 
‘‘(c) ELIGIBLE NONPROFIT INSTITUTION OF HIGHER 
LEARNING DEFINED.—In this section, the term ‘eligible 
nonprofit institution of higher learning’ means each of the 
lead institutions identified in subsections (j)(4)(A), 
(j)(4)(B), and (j)(4)(F) of section 5505 as in effect on 
the day before the date of enactment of the Transpor-
tation Equity Act: A Legacy for Users, the university re-
ferred to in section 704 of Public Law 103–206 (107 Stat. 
2447), and the university that, as of the day before such 
date of enactment, is the lead institution for the regional 
university transportation center for region 5 of the Stand-
ard Federal Regional Boundary System. 
‘‘(d) GRANTS.—In each of fiscal years 2004 through 
2009, the Secretary shall make a grant under this section
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to each eligible nonprofit institution of higher learning in 
an amount not to exceed $3,500,000.’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
subchapter I of chapter 55 of such title is amended by 
striking the item relating to section 5505 and inserting 
the following: 
‘‘5505. National university transportation centers.’’. 
SEC. 5302. UNIVERSITY TRANSPORTATION RESEARCH. 
(a) IN GENERAL.—Section 5506 of title 49, United 
States Code, is amended to read as follows: 
‘‘§ 5506. University transportation research 
‘‘(a) IN GENERAL.—The Secretary of Transportation 
shall make grants under this section to nonprofit institu-
tions of higher learning to establish and operate university 
transportation centers. 
‘‘(b) OBJECTIVES.—Grants received under this sec-
tion shall be used by nonprofit institutions of higher learn-
ing to advance significantly the state-of-the-art in trans-
portation research and expand the workforce of transpor-
tation professionals through the following programs and 
activities: 
‘‘(1) RESEARCH.—Basic and applied research, 
the products of which are judged by peers or other 
experts in the field of transportation to advance the 
body of knowledge in transportation.
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‘‘(2) EDUCATION.—An education program re-
lating to transportation that includes multidisci-
plinary course work and participation in research. 
‘‘(3) TECHNOLOGY
TRANSFER.—An ongoing 
program of technology transfer that makes transpor-
tation research results available to potential users in 
a form that can be implemented, utilized, or other-
wise applied. 
‘‘(c) REGIONAL, TIER I, AND TIER II CENTERS.— 
‘‘(1) IN
GENERAL.—For each of fiscal years 
2004 through 2009, the Secretary shall make grants 
under subsection (a) to nonprofit institutions of 
higher learning to establish and operate— 
‘‘(A) 10 regional university transportation 
centers; and 
‘‘(B) 10 Tier I university transportation 
centers. 
‘‘(2) TIER II CENTERS.—For each of fiscal 
years 2005 through 2009, the Secretary shall make 
grants under subsection (a) to nonprofit institutions 
of higher learning to establish and operate 10 Tier 
II university transportation centers. 
‘‘(3) LOCATION OF REGIONAL CENTERS.—One 
regional university transportation center shall be lo-
cated in each of the 10 United States Government
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regions that comprise the Standard Federal Re-
gional Boundary System. 
‘‘(4) LIMITATION.—A nonprofit institution of 
higher learning may not directly receive a grant 
under this section for a fiscal year for more than 
one university transportation center. 
‘‘(d) COMPETITIVE SELECTION PROCESS.— 
‘‘(1) APPLICATIONS.—In order to be eligible to 
receive a grant under this section, a nonprofit insti-
tution of higher learning shall submit to the Sec-
retary an application that is in such form and con-
tains such information as the Secretary may require. 
‘‘(2) GENERAL SELECTION CRITERIA.—Except 
as otherwise provided by this section, the Secretary 
shall select each recipient of a grant under this sec-
tion through a competitive process on the basis of 
the following: 
‘‘(A) The demonstrated research and ex-
tension resources available to the recipient to 
carry out this section. 
‘‘(B) The capability of the recipient to pro-
vide leadership in making national and regional 
contributions to the solution of immediate and 
long-range transportation problems.
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‘‘(C) The recipient’s demonstrated commit-
ment of at least $400,000 each year in regu-
larly budgeted institutional amounts to support 
ongoing transportation research and education 
programs. 
‘‘(D) The recipient’s demonstrated ability 
to disseminate results of transportation re-
search and education programs through a state-
wide or regionwide continuing education pro-
gram. 
‘‘(E) The strategic plan the recipient pro-
poses to carry out under the grant. 
‘‘(e) REGIONAL UNIVERSITY TRANSPORTATION CEN-
TERS.— 
‘‘(1) COMPETITION.—Not later than March 31, 
2005, and not later than March 31st of every 4th 
year thereafter, the Secretary shall complete a com-
petition among nonprofit institutions of higher 
learning for grants to establish and operate the 10 
regional university transportation centers referred to 
in subsection (c)(1)(A). 
‘‘(2) SELECTION
CRITERIA.—In conducting a 
competition under paragraph (1), the Secretary shall 
select a nonprofit institution of higher learning on 
the basis of—
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‘‘(A) the criteria described in subsection 
(d)(2); 
‘‘(B) the location of the center within the 
Federal region to be served; and 
‘‘(C) whether or not the institution (or, in 
the case of a consortium of institutions, the 
lead institution) can demonstrate that it has a 
well-established, nationally recognized program 
in transportation research and education, as 
evidenced by— 
‘‘(i) not less than $2,000,000 in high-
way or public transportation research ex-
penditures each year for each of the pre-
ceding 5 years; 
‘‘(ii) not less than 10 graduate de-
grees awarded in professional fields closely 
related to highways and public transpor-
tation for year for each of the preceding 5 
years; and 
‘‘(iii) not less than 5 tenured or ten-
ure-track faculty members who specialize 
on a full-time basis in professional fields 
closely related to highways and public 
transportation who, as a group, have pub-
lished a total at least 50 refereed journal
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publications on highway or public transpor-
tation research during the preceding 5 
years. 
‘‘(3) GRANT
RECIPIENTS.—After selecting a 
nonprofit institution of higher learning as a grant 
recipient on the basis of a competition conducted 
under this subsection, the Secretary shall make a 
grant to the recipient to establish and operate a re-
gional university transportation center in each of the 
first 4 fiscal years beginning after the date of the 
competition. 
‘‘(4) SPECIAL RULE FOR FISCAL YEARS 2004 
AND 2005.—For each of fiscal years 2004 and 
2005, the Secretary shall make a grant under this 
section to each of the 10 nonprofit institutions of 
higher learning that were competitively selected for 
grants by the Secretary under this section in July 
1999 to operate regional university transportation 
centers. 
‘‘(5) AMOUNT OF GRANTS.—For each of fiscal 
years 2004 through 2009, a grant made by the Sec-
retary to a nonprofit institution of higher learning 
for a fiscal year to establish and operate a regional 
university transportation center shall not exceed 
$3,500,000.
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‘‘(f) TIER I UNIVERSITY TRANSPORTATION CEN-
TERS.— 
‘‘(1) COMPETITION.—Not later than March 31, 
2006, and not later than March 31st of every 4th 
year thereafter, the Secretary shall complete a com-
petition among nonprofit institutions of higher 
learning for grants to establish and operate the 10 
Tier I university transportation centers referred to 
in subsection (c)(1)(B). 
‘‘(2) SELECTION
CRITERIA.—In conducting a 
competition under paragraph (1), the Secretary shall 
select a nonprofit institution of higher learning on 
the basis of— 
‘‘(A) the criteria described in subsection 
(d)(2); and 
‘‘(B) whether or not the institution (or, in 
the case of a consortium of institutions, the 
lead institution) can demonstrate that it has an 
established, recognized program in transpor-
tation research and education, as evidenced 
by— 
‘‘(i) not less than $1,000,000 in high-
way or public transportation research ex-
penditures each year for each of the pre-
ceding 5 years or not less than $6,000,000
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in such expenditures during the 5 pre-
ceding years; 
‘‘(ii) not less than 5 graduate degrees 
awarded in professional fields closely re-
lated to highways and public transpor-
tation each year for each of the preceding 
5 years; and 
‘‘(iii) not less than 3 tenured or ten-
ure-track faculty members who specialize 
on a full-time basis in professional fields 
closely related to highways and public 
transportation who, as a group, have pub-
lished a total at least 20 refereed journal 
publications on highway or public transpor-
tation research during the preceding 5 
years. 
‘‘(3) GRANT
RECIPIENTS.—After selecting a 
nonprofit institution of higher learning as a grant 
recipient on the basis of a competition conducted 
under this subsection, the Secretary shall make a 
grant to the recipient to establish and operate a Tier 
I university transportation center in each of the first 
4 fiscal years beginning after the date of the com-
petition.
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‘‘(4) SPECIAL RULE FOR FISCAL YEARS 2004, 
2005, AND 2006.—For each of fiscal years 2004, 
2005, and 2006, the Secretary shall make a grant 
under this section to each of the 10 nonprofit insti-
tutions of higher learning that were competitively se-
lected for grant awards by the Secretary under this 
section in May 2002 to operate university transpor-
tation centers (other than regional centers). 
‘‘(5) AMOUNT OF GRANTS.—A grant made by 
the Secretary to a nonprofit institution of higher 
learning for a fiscal year to establish and operate a 
Tier I university transportation center shall not ex-
ceed 
$1,000,000 
for 
fiscal 
year 
2004 
and 
$1,500,000 for each of fiscal years 2005 through 
2009. 
‘‘(g) TIER II UNIVERSITY TRANSPORTATION CEN-
TERS.— 
‘‘(1) COMPETITION.—Not later than August 31, 
2004, not later than March 31, 2008, and not later 
than March 31st of every 4th year thereafter, the 
Secretary shall complete a competition among non-
profit institutions of higher learning for grants to 
establish and operate the 10 Tier II university 
transportation centers referred to in subsection 
(c)(2).
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‘‘(2) SELECTION
CRITERIA.—In conducting a 
competition under paragraph (1), the Secretary shall 
select a nonprofit institution of higher learning on 
the basis of the criteria described in subsection 
(f)(2). 
‘‘(3) GRANT
RECIPIENTS.—After selecting a 
nonprofit institution of higher learning as a grant 
recipient on the basis of a competition conducted 
under this subsection, the Secretary shall— 
‘‘(A) in the case of the competition to be 
completed not later than August 31, 2004, 
make a grant to the recipient to establish and 
operate a Tier II university transportation cen-
ter in each of fiscal years 2005 through 2008; 
and 
‘‘(B) in the case of each subsequent com-
petition, make a grant to the recipient to estab-
lish and operate a Tier II university transpor-
tation center in each of the first 4 fiscal years 
beginning after the date of the competition. 
‘‘(4) AMOUNT OF GRANTS.—For each of fiscal 
years 2005 through 2009, a grant made by the Sec-
retary to a nonprofit institution of higher learning 
for a fiscal year to establish and operate a Tier II
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university transportation center shall not exceed 
$1,000,000. 
‘‘(h) SUPPORT OF NATIONAL STRATEGY FOR SUR-
FACE TRANSPORTATION RESEARCH.—In order to be eligi-
ble to receive a grant under this section, a nonprofit insti-
tution of higher learning shall provide assurances satisfac-
tory to the Secretary that the research and education ac-
tivities of its university transportation center will support 
the national strategy for surface transportation research, 
as identified by— 
‘‘(1) the report of the National Highway Re-
search and Technology Partnership entitled ‘High-
way Research and Technology: The Need for Great-
er Investment’, dated April 2002; and 
‘‘(2) the programs of the National Research 
and Technology Program of the Federal Transit Ad-
ministration. 
‘‘(i) MAINTENANCE OF EFFORT.—In order to be eli-
gible to receive a grant under this section, a nonprofit in-
stitution of higher learning shall enter into an agreement 
with the Secretary to ensure that the institution will main-
tain total expenditures from all other sources to establish 
and operate a university transportation center and related 
research activities at a level at least equal to the average
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level of such expenditures in its 2 fiscal years prior to 
award of a grant under this section. 
‘‘(j) FEDERAL SHARE.—The Federal share of the 
costs of activities carried out using a grant made under 
this section shall be 50 percent of such costs. The non- 
Federal share may include funds provided to a recipient 
under section 503, 504(b), or 505 of title 23. 
‘‘(k) PROGRAM COORDINATION.— 
‘‘(1) COORDINATION.—The Secretary shall co-
ordinate the research, education, and technology 
transfer activities that grant recipients carry out 
under this section, disseminate the results of the re-
search, and establish and operate a clearinghouse to 
disseminate the results of the research. 
‘‘(2) ANNUAL REVIEW AND EVALUATION.—At 
least annually, and consistent with the plan devel-
oped under section 508 of title 23, the Secretary 
shall review and evaluate programs of grant recipi-
ents. 
‘‘(3) MANAGEMENT AND OVERSIGHT.—The Sec-
retary shall expend $1,500,000 for each of fiscal 
years 2005 through 2009 from amounts made avail-
able to carry out this section to carry out manage-
ment and oversight of the centers receiving assist-
ance under this section.
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‘‘(l) PROGRAM
ADMINISTRATION.—The Secretary 
shall carry out this section acting through the Adminis-
trator of the Research and Special Programs Administra-
tion. 
‘‘(m) LIMITATION ON AVAILABILITY OF FUNDS.— 
Funds made available to carry out this section shall re-
main available for obligation by the Secretary for a period 
of 2 years after the last day of the fiscal year for which 
such funds are authorized.’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
subchapter I of chapter 55 of such title is amended by 
striking the item relating to section 5506 and inserting 
the following: 
‘‘5506. University transportation research.’’. 
SEC. 5303. TRANSPORTATION SCHOLARSHIP OPPORTUNI-
TIES PROGRAM. 
(a) IN GENERAL.— 
(1) ESTABLISHMENT OF PROGRAM.—The Sec-
retary may establish and implement a scholarship 
program for the purpose of attracting qualified stu-
dents for transportation-related critical jobs. 
(2) PARTNERSHIP.—The Secretary may estab-
lish the program in partnership with appropriate 
nongovernmental institutions. 
(b) PARTICIPATION AND FUNDING.—An operating 
administration of the Department of Transportation and
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the Office of Inspector General may participate in the 
scholarship program. Notwithstanding any other provision 
of law, the Secretary may use funds available to an oper-
ating administration or from the Office of Inspector Gen-
eral of the Department of Transportation for the purpose 
of carrying out this section. 
Subtitle D—Advanced Technologies 
SEC. 
5401. 
ADVANCED 
HEAVY-DUTY 
VEHICLE 
TECH-
NOLOGIES RESEARCH PROGRAM. 
(a) IN GENERAL.—Subchapter I of chapter 55 of title 
49, United States Code, is amended by adding at the end 
the following: 
‘‘§ 5507. Advanced heavy-duty vehicle technologies 
research program 
‘‘(a) IN GENERAL.—The Secretary of Transportation 
shall conduct research, development, demonstration, and 
testing to integrate emerging advanced heavy-duty vehicle 
technologies in order to provide seamless, safe, secure, and 
efficient transportation and to benefit the environment. 
‘‘(b) CONSULTATION.—To ensure the activities per-
formed pursuant to this section achieve the maximum ben-
efit, the Secretary of Transportation shall consult with the 
Secretary of Energy, the Administrator of the Environ-
mental Protection Agency, and other relevant Federal 
agencies on research, development, and demonstration ac-
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tivities authorized under this section related to advanced 
heavy-duty vehicle technologies. 
‘‘(c) GRANTS, COOPERATIVE
AGREEMENTS, AND 
OTHER TRANSACTIONS.—The Secretary may make grants 
to, and enter into cooperative agreements and other trans-
actions with, Federal and other public agencies (including 
State and local governments) and persons to carry out 
subsection (a). 
‘‘(d) COST SHARING.—At least 50 percent of the 
funding for projects carried out under this section must 
be provided by non-Federal sources. 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated from the Highway Trust 
Fund (other than the Mass Transit Account) to carry out 
subsection (a) $1,000,000 for fiscal year 2004 and 
$3,000,000 for each of fiscal years 2005 through 2009. 
‘‘(f) CONTRACT AUTHORITY.—The funds authorized 
to be appropriated by subsection (e) shall be available for 
obligation in the same manner as if such funds were ap-
portioned under chapter 1 of title 23 and shall be subject 
to any limitation on obligations imposed on funds made 
available to carry out title V of the Transportation Equity 
Act: A Legacy for Users.’’.
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(b) CONFORMING AMENDMENT.—The analysis for 
subchapter I of chapter 55 of such title is amended by 
adding at the end the following: 
‘‘5507. Advanced heavy-duty vehicle technologies research program.’’. 
SEC. 5402. COMMERCIAL REMOTE SENSING PRODUCTS AND 
SPATIAL INFORMATION TECHNOLOGIES. 
(a) IN GENERAL.—The Secretary shall establish and 
carry out a program to validate commercial remote sens-
ing products and spatial information technologies for ap-
plication to national transportation infrastructure develop-
ment and construction. 
(b) PROGRAM.— 
(1) NATIONAL POLICY.—The Secretary shall es-
tablish and maintain a national policy for the use of 
commercial remote sensing products and spatial in-
formation technologies in national transportation in-
frastructure development and construction. 
(2) POLICY IMPLEMENTATION.—The Secretary 
shall develop new applications of commercial remote 
sensing products and spatial information tech-
nologies for the implementation of the national pol-
icy established and maintained under paragraph (1). 
(c) COOPERATION.—The Secretary shall carry out 
this section in cooperation with the commercial remote 
sensing program of the National Aeronautics and Space
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Administration and a consortium of university research 
centers. 
(d) FUNDING.—Of the amounts made available by 
section 5101(a)(1) of this Act, $3,000,000 for fiscal year 
2004 and $9,000,000 for each of fiscal years 2005 
through 2009 shall be available to carry out this section. 
Subtitle E—Transportation Data 
and Analysis 
SEC. 5501. BUREAU OF TRANSPORTATION STATISTICS. 
Section 111 of title 49, United States Code, is 
amended to read as follows: 
‘‘§ 111. Bureau of Transportation Statistics 
‘‘(a) ESTABLISHMENT.—There is established in the 
Department of Transportation a Bureau of Transpor-
tation Statistics. 
‘‘(b) DIRECTOR.— 
‘‘(1) APPOINTMENT.—The Bureau shall be 
headed by a Director who shall be appointed by the 
President, by and with the advice and consent of the 
Senate. 
‘‘(2) QUALIFICATIONS.—The Director shall be 
appointed from among individuals who are qualified 
to serve as the Director by virtue of their training 
and experience in the collection, analysis, and use of 
transportation statistics.
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‘‘(3) REPORTING.—The Director shall report 
directly to the Secretary. 
‘‘(4) TERM.—The term of the Director shall be 
5 years. The Director may continue to serve after 
the expiration of the term until a successor is ap-
pointed and confirmed. 
‘‘(c) RESPONSIBILITIES.—The Director of the Bu-
reau shall serve as the Secretary’s senior advisor on data 
and statistics, and shall be responsible for carrying out 
the following duties: 
‘‘(1) PROVIDING DATA, STATISTICS, AND ANAL-
YSIS TO TRANSPORTATION DECISIONMAKERS.—En-
suring that the statistics compiled under paragraph 
(5) are designed to support transportation decision-
making by the Federal Government, State and local 
governments, metropolitan planning organizations, 
transportation-related associations, the private sec-
tor (including the freight community), and the pub-
lic. 
‘‘(2) COORDINATING COLLECTION OF INFORMA-
TION.—Working with the operating administrations 
of the Department to establish and implement the 
Bureau’s data programs and to improve the coordi-
nation of information collection efforts with other 
Federal agencies.
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‘‘(3) DATA MODERNIZATION.—Continually im-
proving surveys and data collection methods to im-
prove the accuracy and utility of transportation sta-
tistics. 
‘‘(4) ENCOURAGING DATA STANDARDIZATION.— 
Encouraging the standardization of data, data col-
lection methods, and data management and storage 
technologies for data collected by the Bureau, the 
operating administrations of the Department of 
Transportation, States, local governments, metro-
politan planning organizations, and private sector 
entities. 
‘‘(5) COMPILING
TRANSPORTATION
STATIS-
TICS.—Compiling, analyzing, and publishing a com-
prehensive set of transportation statistics on the per-
formance and impacts of the national transportation 
system, including statistics on— 
‘‘(A) productivity in various parts of the 
transportation sector; 
‘‘(B) traffic flows for all modes of trans-
portation; 
‘‘(C) other elements of the Intermodal 
Transportation Database established under sub-
section (g);
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‘‘(D) travel times and measures of conges-
tion; 
‘‘(E) vehicle weights and other vehicle 
characteristics; 
‘‘(F) demographic, economic, and other 
variables influencing traveling behavior, includ-
ing choice of transportation mode, and goods 
movement; 
‘‘(G) transportation costs for passenger 
travel and goods movement; 
‘‘(H) availability and use of mass transit 
(including the number of passengers served by 
each mass transit authority) and other forms of 
for-hire passenger travel; 
‘‘(I) frequency of vehicle and transpor-
tation facility repairs and other interruptions of 
transportation service; 
‘‘(J) safety and security for travelers, vehi-
cles, and transportation systems; 
‘‘(K) consequences of transportation for 
the human and natural environment; 
‘‘(L) the extent, connectivity, and condition 
of the transportation system, building on the 
National Transportation Atlas Database devel-
oped under subsection (g); and
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‘‘(M) transportation-related variables that 
influence the domestic economy and global com-
petitiveness. 
‘‘(6) NATIONAL
SPATIAL
DATA
INFRASTRUC-
TURE.—Building and disseminating the transpor-
tation layer of the National Spatial Data Infrastruc-
ture, including coordinating the development of 
transportation geospatial data standards, compiling 
intermodal geospatial data, and collecting geospatial 
data that is not being collected by others. 
‘‘(7) ISSUING GUIDELINES.—Issuing guidelines 
for the collection of information by the Department 
of Transportation required for statistics to be com-
piled under paragraph (5) in order to ensure that 
such information is accurate, reliable, relevant, and 
in a form that permits systematic analysis. The Bu-
reau shall review and report to the Secretary of 
Transportation on the sources and reliability of the 
statistics proposed by the heads of the operating ad-
ministrations of the Department to measure outputs 
and outcomes as required by the Government Per-
formance and Results Act of 1993, and the amend-
ments made by such Act, and shall carry out such 
other reviews of the sources and reliability of other 
data collected or statistical information published by
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the heads of the operating administrations of the 
Department as shall be requested by the Secretary. 
‘‘(8) MAKING STATISTICS ACCESSIBLE.—Mak-
ing the statistics published under this subsection 
readily accessible. 
‘‘(d) INFORMATION NEEDS ASSESSMENT.— 
‘‘(1) IN GENERAL.—Within 60 days after the 
date of the enactment of the Transportation Equity 
Act: A Legacy for Users, the Secretary shall enter 
into an arrangement with the National Research 
Council to develop and publish a National Transpor-
tation Information Needs Assessment (referred to in 
this subsection as the ‘Assessment’). The Assess-
ment shall be transmitted to the Secretary and the 
Congress not later than 24 months after such ar-
rangement is entered into. 
‘‘(2) CONTENT.—The Assessment shall— 
‘‘(A) identify, in priority order, transpor-
tation data that is not being collected by the 
Bureau, Department of Transportation oper-
ating administrations, or other Federal, State, 
or local entities, but is needed to improve trans-
portation decisionmaking at the Federal, State, 
and local level and to fulfill the requirements of 
subsection (c)(5);
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‘‘(B) recommend whether the data identi-
fied in subparagraph (A) should be collected by 
the Bureau, other parts of the Department, or 
by other Federal, State, or local entities, and 
whether any data is a higher priority than data 
currently being collected; 
‘‘(C) identify any data the Bureau or other 
Federal, State, and local entities is collecting 
that is not needed; 
‘‘(D) describe new data collection methods 
(including changes in surveys) and other 
changes the Bureau or other Federal, State, 
and local entities should implement to improve 
the standardization, accuracy, and utility of 
transportation data and statistics; and 
‘‘(E) estimate the cost of implementing 
any recommendations. 
‘‘(3) CONSULTATION.—In developing the As-
sessment, the National Research Council shall con-
sult with the Department’s Advisory Council on 
Transportation Statistics and a representative cross- 
section of transportation community stakeholders as 
well as other Federal agencies, including the Envi-
ronmental Protection Agency, the Department of
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Energy, and the Department of Housing and Urban 
Development. 
‘‘(4) REPORT TO CONGRESS.—Not later than 6 
months after the National Research Council trans-
mits the Assessment under paragraph (1), the Sec-
retary shall transmit a report to Congress that de-
scribes— 
‘‘(A) how the Department plans to fill the 
data gaps identified under paragraph (2)(A); 
‘‘(B) how the Department plans to stop 
collecting data identified under paragraph 
(2)(C); 
‘‘(C) how the Department plans to imple-
ment improved data collection methods and 
other changes identified under paragraph 
(2)(D); 
‘‘(D) the expected costs of implementing 
subparagraphs (A), (B), and (C) of this para-
graph; 
‘‘(E) any findings of the Assessment under 
paragraph (1) with which the Secretary dis-
agrees, and why; and 
‘‘(F) any proposed statutory changes need-
ed to implement the findings of the Assessment 
under paragraph (1).
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‘‘(e) INTERMODAL TRANSPORTATION DATA BASE.— 
‘‘(1) IN
GENERAL.—In consultation with the 
Under Secretary for Policy, the Assistant Secre-
taries, and the heads of the operating administra-
tions of the Department of Transportation, the Di-
rector shall establish and maintain a transportation 
data base for all modes of transportation. 
‘‘(2) USE.—The data base shall be suitable for 
analyses carried out by the Federal Government, the 
States, and metropolitan planning organizations. 
‘‘(3) CONTENTS.—The data base shall in-
clude— 
‘‘(A) information on the volumes and pat-
terns of movement of goods, including local, 
interregional, and international movement, by 
all modes of transportation and intermodal 
combinations, and by relevant classification; 
‘‘(B) information on the volumes and pat-
terns of movement of people, including local, 
interregional, and international movements, by 
all modes of transportation (including bicycle 
and pedestrian modes) and intermodal combina-
tions, and by relevant classification;
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‘‘(C) information on the location and 
connectivity of transportation facilities and 
services; and 
‘‘(D) a national accounting of expenditures 
and capital stocks on each mode of transpor-
tation and intermodal combination. 
‘‘(f) NATIONAL TRANSPORTATION LIBRARY.— 
‘‘(1) IN GENERAL.—The Director shall establish 
and maintain a National Transportation Library, 
which shall contain a collection of statistical and 
other information needed for transportation decision-
making at the Federal, State, and local levels. 
‘‘(2) ACCESS.—The Director shall facilitate and 
promote access to the Library, with the goal of im-
proving the ability of the transportation community 
to share information and the ability of the Director 
to make statistics readily accessible under subsection 
(c)(8). 
‘‘(3) COORDINATION.—The Director shall work 
with other transportation libraries and other trans-
portation information providers, both public and pri-
vate, to achieve the goal specified in paragraph (2). 
‘‘(g) NATIONAL
TRANSPORTATION
ATLAS
DATA 
BASE.—
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‘‘(1) IN GENERAL.—The Director shall develop 
and maintain geospatial data bases that depict— 
‘‘(A) transportation networks; 
‘‘(B) flows of people, goods, vehicles, and 
craft over the networks; and 
‘‘(C) social, economic, and environmental 
conditions that affect or are affected by the net-
works. 
‘‘(2) INTERMODAL
NETWORK
ANALYSIS.—The 
data bases shall be able to support intermodal net-
work analysis. 
‘‘(h) MANDATORY
RESPONSE
AUTHORITY
FOR 
FREIGHT
DATA
COLLECTION.—Whoever, being the 
owner, official, agent, person in charge, or assistant to the 
person in charge of any corporation, company, business, 
institution, establishment, or organization of any nature 
whatsoever, neglects or refuses, when requested by the Di-
rector or other authorized officer, employee, or contractor 
of the Bureau, to answer completely and correctly to the 
best of his or her knowledge all questions relating to the 
corporation, company, business, institution, establishment, 
or other organization, or to make available records or sta-
tistics in his or her official custody, contained in a data 
collection request prepared and submitted under the au-
thority of subsection (c)(1), shall be fined not more than
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$500; but if he or she willfully gives a false answer to 
such a question, he or she shall be fined not more than 
$10,000. 
‘‘(i) RESEARCH AND DEVELOPMENT GRANTS.—The 
Secretary may make grants to, or enter into cooperative 
agreements or contracts with, public and nonprofit private 
entities (including State transportation departments, met-
ropolitan planning organizations, and institutions of high-
er education) for— 
‘‘(1) investigation of the subjects specified in 
subsection (c)(5) and research and development of 
new methods of data collection, standardization, 
management, integration, dissemination, interpreta-
tion, and analysis; 
‘‘(2) demonstration programs by States, local 
governments, and metropolitan planning organiza-
tions to harmonize data collection, reporting, man-
agement, storage, and archiving to simplify data 
comparisons across jurisdictions; 
‘‘(3) development of electronic clearinghouses of 
transportation data and related information, as part 
of the National Transportation Library under sub-
section (f); and 
‘‘(4) development and improvement of methods 
for sharing geographic data, in support of the na-
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tional transportation atlas data base under sub-
section (g) and the National Spatial Data Infra-
structure developed under Executive Order No. 
12906. 
‘‘(j) LIMITATIONS ON STATUTORY CONSTRUCTION.— 
Nothing in this section shall be construed— 
‘‘(1) to authorize the Bureau to require any 
other department or agency to collect data; or 
‘‘(2) to reduce the authority of any other officer 
of the Department of Transportation to collect and 
disseminate data independently. 
‘‘(k) PROHIBITION ON CERTAIN DISCLOSURES.— 
‘‘(1) IN
GENERAL.—An officer, employee or 
contractor of the Bureau may not— 
‘‘(A) make any disclosure in which the 
data provided by an individual or organization 
under subsection (c) can be identified; 
‘‘(B) use the information provided under 
subsection (c) for a nonstatistical purpose; or 
‘‘(C) permit anyone other than an indi-
vidual authorized by the Director to examine 
any individual report provided under subsection 
(c). 
‘‘(2) COPIES OF REPORTS.—
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‘‘(A) IN
GENERAL.—No department, bu-
reau, agency, officer, or employee of the United 
States (except the Director in carrying out this 
section) may require, for any reason, a copy of 
any report that has been filed under subsection 
(c) with the Bureau or retained by an indi-
vidual respondent. 
‘‘(B) LIMITATION
ON
JUDICIAL
PRO-
CEEDINGS.—A copy of a report described in 
subparagraph (A) that has been retained by an 
individual respondent or filed with the Bureau 
or any of its employees, contractors, or 
agents— 
‘‘(i) shall be immune from legal proc-
ess; and 
‘‘(ii) shall not, without the consent of 
the individual concerned, be admitted as 
evidence or used for any purpose in any 
action, suit, or other judicial or adminis-
trative proceeding. 
‘‘(C) 
APPLICABILITY.—This 
paragraph 
shall apply only to reports that permit informa-
tion concerning an individual or organization to 
be reasonably determined by direct or indirect 
means.
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‘‘(3) INFORMING
RESPONDENT
OF
USE
OF 
DATA.—In a case in which the Bureau is authorized 
by statute to collect data or information for a non-
statistical purpose, the Director shall clearly distin-
guish the collection of the data or information, by 
rule and on the collection instrument, so as to in-
form a respondent that is requested or required to 
supply the data or information of the nonstatistical 
purpose. 
‘‘(l) TRANSPORTATION
STATISTICS
ANNUAL
RE-
PORT.—The Director shall transmit to the President and 
Congress a Transportation Statistics Annual Report which 
shall include information on items referred to in sub-
section (c)(5), documentation of methods used to obtain 
and ensure the quality of the statistics presented in the 
report, and recommendations for improving transportation 
statistical information. 
‘‘(m) DATA ACCESS.—The Director shall have access 
to transportation and transportation-related information 
in the possession of any Federal agency except informa-
tion— 
‘‘(1) the disclosure of which to another Federal 
agency is expressly prohibited by law; or 
‘‘(2) the disclosure of which the agency so re-
quested determines would significantly impair the
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discharge of authorities and responsibilities which 
have been delegated to, or vested by law, in such 
agency. 
‘‘(n) PROCEEDS OF DATA PRODUCT SALES.—Not-
withstanding section 3302 of title 31, United States Code, 
funds received by the Bureau from the sale of data prod-
ucts, for necessary expenses incurred, may be credited to 
the Highway Trust Fund (other than the Mass Transit 
Account) for the purpose of reimbursing the Bureau for 
the expenses. 
‘‘(o) ADVISORY COUNCIL ON TRANSPORTATION STA-
TISTICS.— 
‘‘(1) ESTABLISHMENT.—The Director of the 
Bureau of Transportation Statistics shall establish 
an Advisory Council on Transportation Statistics. 
‘‘(2) FUNCTION.—It shall be the function of the 
Advisory Council established under this subsection 
to— 
‘‘(A) advise the Director of the Bureau of 
Transportation Statistics on the quality, reli-
ability, consistency, objectivity, and relevance of 
transportation statistics and analyses collected, 
supported, or disseminated by the Bureau of 
Transportation Statistics and the Department 
of Transportation;
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‘‘(B) provide input to and review the re-
port to Congress under subsection (d)(4); and 
‘‘(C) advise the Director on methods to en-
courage harmonization and interoperability of 
transportation data collected by the Bureau, the 
operating administrations of the Department of 
Transportation, States, local governments, met-
ropolitan planning organizations, and private 
sector entities. 
‘‘(3) MEMBERSHIP.—The Advisory Council es-
tablished under this subsection shall be composed of 
not fewer than 9 and not more than 11 members ap-
pointed by the Director, who are not officers or em-
ployees of the United States. Each member shall 
have expertise in transportation data collection or 
analysis or application; except that 1 member shall 
have expertise in economics, 1 member shall have ex-
pertise in statistics, and 1 member shall have experi-
ence in transportation safety. At least 1 member 
shall be a senior official of a State department of 
transportation. Members shall include representation 
of a cross-section of transportation community 
stakeholders. 
‘‘(4) TERMS OF APPOINTMENT.—(A) Except as 
provided in subparagraph (B), members shall be ap-
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pointed to staggered terms not to exceed 3 years. A 
member may be renominated for one additional 3- 
year term. 
‘‘(B) Members serving on the Advisory Council 
on Transportation Statistics as of the date of enact-
ment of the Transportation Equity Act: A Legacy 
for Users shall serve until the end of their appointed 
terms. 
‘‘(5) APPLICABILITY
OF
FEDERAL
ADVISORY 
COMMITTEE ACT.—The Federal Advisory Committee 
Act shall apply to the Advisory Council established 
under this subsection, except that section 14 of such 
Act shall not apply to such Advisory Council.’’. 
Subtitle F—Intelligent 
Transportation Systems Research 
SEC. 5601. SHORT TITLE. 
This subtitle may be cited as the ‘‘Intelligent Trans-
portation Systems Act of 2004’’. 
SEC. 5602. GOALS AND PURPOSES. 
(a) GOALS.—The goals of the intelligent transpor-
tation system program include— 
(1) enhancement of surface transportation effi-
ciency and facilitation of intermodalism and inter-
national trade to enable existing facilities to meet a 
significant portion of future transportation needs,
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including public access to employment, goods, and 
services and to reduce regulatory, financial, and 
other transaction costs to public agencies and sys-
tem users; 
(2) achievement of national transportation safe-
ty goals, including the enhancement of safe oper-
ation of motor vehicles and nonmotorized vehicles as 
well as improved emergency response to a crash, 
with particular emphasis on decreasing the number 
and severity of collisions; 
(3) protection and enhancement of the natural 
environment and communities affected by surface 
transportation, with particular emphasis on assisting 
State and local governments to achieve national en-
vironmental goals; 
(4) accommodation of the needs of all users of 
surface transportation systems, including operators 
of commercial motor vehicles, passenger motor vehi-
cles, motorcycles, and bicycles and pedestrians, in-
cluding individuals with disabilities; and 
(5) improvement of the Nation’s ability to re-
spond to security-related or other manmade emer-
gencies and natural disasters and enhancement of 
national defense mobility.
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(b) PURPOSES.—The Secretary shall implement ac-
tivities under the intelligent system transportation pro-
gram to, at a minimum— 
(1) expedite, in both metropolitan and rural 
areas, deployment and integration of intelligent 
transportation systems for consumers of passenger 
and freight transportation; 
(2) ensure that Federal, State, and local trans-
portation officials have adequate knowledge of intel-
ligent transportation systems for full consideration 
in the transportation planning process; 
(3) improve regional cooperation and operations 
planning for effective intelligent transportation sys-
tem deployment; 
(4) promote the innovative use of private re-
sources; 
(5) facilitate, in cooperation with the motor ve-
hicle industry, the introduction of a vehicle-based 
safety enhancing systems; 
(6) support the application of intelligent trans-
portation systems that increase the safety and effi-
ciency of commercial motor vehicle operations; 
(7) develop a workforce capable of developing, 
operating, and maintaining intelligent transportation 
systems; and
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(8) provide continuing support for operations 
and maintenance of intelligent transportation sys-
tems. 
SEC. 5603. GENERAL AUTHORITIES AND REQUIREMENTS. 
(a) SCOPE.—Subject to the provisions of this subtitle, 
the Secretary shall conduct an ongoing intelligent trans-
portation system program to research, develop, and oper-
ationally test intelligent transportation systems and ad-
vance nationwide deployment of such systems as a compo-
nent of the surface transportation systems of the United 
States. 
(b) POLICY.—Intelligent transportation system re-
search projects and operational tests funded pursuant to 
this subtitle shall encourage and not displace public-pri-
vate partnerships or private sector investment in such 
tests and projects. 
(c) COOPERATION WITH GOVERNMENTAL, PRIVATE, 
AND EDUCATIONAL ENTITIES.—The Secretary shall carry 
out the intelligent transportation system program in co-
operation with State and local governments and other pub-
lic entities, the private sector of the United States, the 
Federal laboratories, and colleges and universities, includ-
ing historically Black colleges and universities and other 
minority institutions of higher education.
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(d) CONSULTATION WITH FEDERAL OFFICIALS.—In 
carrying out the intelligent transportation system pro-
gram, the Secretary shall consult with the heads of other 
Federal departments and agencies, as appropriate. 
(e) TECHNICAL ASSISTANCE, TRAINING, AND INFOR-
MATION.—The Secretary may provide technical assistance, 
training, and information to State and local governments 
seeking to implement, operate, maintain, or evaluate intel-
ligent transportation system technologies and services. 
(f) TRANSPORTATION PLANNING.—The Secretary 
may provide funding to support adequate consideration of 
transportation systems management and operations, in-
cluding intelligent transportation systems, within metro-
politan and statewide transportation planning processes. 
(g) INFORMATION CLEARINGHOUSE.— 
(1) IN GENERAL.—The Secretary shall— 
(A) maintain a repository for technical and 
safety data collected as a result of federally 
sponsored projects carried out under this sub-
title (including the amendments made by this 
subtitle); and 
(B) make, on request, that information 
(except for proprietary information and data) 
readily available to all users of the repository at 
an appropriate cost.
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(2) AGREEMENT.— 
(A) IN
GENERAL.—The Secretary may 
enter into an agreement with a third party for 
the maintenance of the repository for technical 
and safety data under paragraph (1)(A). 
(B) FEDERAL FINANCIAL ASSISTANCE.—If 
the Secretary enters into an agreement with an 
entity for the maintenance of the repository, the 
entity shall be eligible for Federal financial as-
sistance under this section. 
(3) AVAILABILITY OF INFORMATION.—Informa-
tion in the repository shall not be subject to section 
555 of title 5, United States Code. 
(h) ADVISORY COMMITTEE.— 
(1) IN GENERAL.—The Secretary shall establish 
an Advisory Committee to advise the Secretary on 
carrying out this subtitle. 
(2) MEMBERSHIP.—The Advisory Committee 
shall have no more than 20 members, be balanced 
between metropolitan and rural interests, and in-
clude, at a minimum— 
(A) a representative from a State highway 
department;
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(B) a representative from a local highway 
department who is not from a metropolitan 
planning organization; 
(C) a representative from a State, local, or 
regional transit agency; 
(D) a representative from a metropolitan 
planning organization; 
(E) a private sector user of intelligent 
transportation system technologies; 
(F) an academic researcher with expertise 
in computer science or another information 
science field related to intelligent transportation 
systems, and who is not an expert on transpor-
tation issues; 
(G) an academic researcher who is a civil 
engineer; 
(H) an academic researcher who is a social 
scientist with expertise in transportation issues; 
(I) a representative from a not-for-profit 
group representing the intelligent transpor-
tation system industry; 
(J) a representative from a public interest 
group concerned with safety; 
(K) a representative from a public interest 
group concerned with the impact of the trans-
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portation system on land use and residential 
patterns; and 
(L) members with expertise in planning, 
safety, and operations. 
(3) DUTIES.—The Advisory Committee shall, at 
a minimum, perform the following duties: 
(A) Provide input into the development of 
the Intelligent Transportation System aspects 
of the strategic plan under section 508 of title 
23, United States Code. 
(B) Review, at least annually, areas of in-
telligent transportation systems research being 
considered for funding by the Department, to 
determine— 
(i) whether these activities are likely 
to advance either the state-of-the-practice 
or state-of-the-art in intelligent transpor-
tation systems; 
(ii) whether the intelligent transpor-
tation system technologies are likely to be 
deployed by users, and, if not, to determine 
the barriers to deployment; and 
(iii) the appropriate roles for govern-
ment and the private sector in investing in
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the research and technologies being consid-
ered. 
(4) REPORT.—Not later than February 1 of 
each year after the date of enactment of this Act, 
the Secretary shall transmit to the Congress, a re-
port including— 
(A) all recommendations made by the Ad-
visory Committee during the preceding calendar 
year; 
(B) an explanation of how the Secretary 
has implemented those recommendations; and 
(C) for recommendations not implemented, 
the reasons for rejecting the recommendations. 
(5) APPLICABILITY
OF
FEDERAL
ADVISORY 
COMMITTEE ACT.—The Advisory Committee shall be 
subject to the Federal Advisory Committee Act (5 
U.S.C. App.). 
(i) REPORTING.— 
(1) GUIDELINES AND REQUIREMENTS.— 
(A) IN
GENERAL.—The Secretary shall 
issue guidelines and requirements for the re-
porting and evaluation of operational tests and 
deployment projects carried out under this sub-
title.
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(B) OBJECTIVITY AND INDEPENDENCE.— 
The guidelines and requirements issued under 
subparagraph (A) shall include provisions to en-
sure the objectivity and independence of the re-
porting entity so as to avoid any real or appar-
ent conflict of interest or potential influence on 
the outcome by parties to any such test or de-
ployment project or by any other formal evalua-
tion carried out under this subtitle. 
(C) FUNDING.—The guidelines and re-
quirements issued under subparagraph (A) shall 
establish reporting funding levels based on the 
size and scope of each test or project that en-
sure adequate reporting of the results of the 
test or project. 
(2) SPECIAL RULE.—Any survey, questionnaire, 
or interview that the Secretary considers necessary 
to carry out the reporting of any test, deployment 
project, or program assessment activity under this 
subtitle shall not be subject to chapter 35 of title 44. 
SEC. 5604. NATIONAL ARCHITECTURE AND STANDARDS. 
(a) IN GENERAL.— 
(1) DEVELOPMENT, 
IMPLEMENTATION, 
AND 
MAINTENANCE.—Consistent with section 12(d) of 
the National Technology Transfer and Advancement
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Act of 1995 (15 U.S.C. 272 note; 110 Stat. 783), 
the Secretary shall develop, implement, and maintain 
a national architecture and supporting standards 
and protocols to promote the widespread use and 
evaluation of intelligent transportation system tech-
nology as a component of the surface transportation 
systems of the United States. 
(2) INTEROPERABILITY AND EFFICIENCY.—To 
the maximum extent practicable, the national archi-
tecture shall promote interoperability among, and ef-
ficiency of, intelligent transportation system tech-
nologies implemented throughout the United States. 
(3) USE OF STANDARDS DEVELOPMENT ORGA-
NIZATIONS.—In carrying out this section, the Sec-
retary shall use the services of such standards devel-
opment organizations as the Secretary determines to 
be appropriate. 
(4) USE OF EXPERT PANEL.— 
(A) DESIGNATION.—The Secretary shall 
designate a panel of experts to recommend ways 
to expedite and streamline the process for de-
veloping the standards and protocols to be de-
veloped pursuant to paragraph (1). 
(B) NONAPPLICABILITY OF ADVISORY COM-
MITTEE ACT.—The expert panel shall not be
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subject to the Federal Advisory Committee Act 
(5 U.S.C. App.). 
(C) DEADLINE FOR RECOMMENDATION.— 
No later than September 30, 2005, the expert 
panel shall provide the Secretary with a rec-
ommendation relating to such standards devel-
opment. 
(b) PROVISIONAL STANDARDS.— 
(1) IN GENERAL.—If the Secretary finds that 
the development or balloting of an intelligent trans-
portation system standard jeopardizes the timely 
achievement of the objectives identified in subsection 
(a), the Secretary may establish a provisional stand-
ard, after consultation with affected parties, using, 
to the extent practicable, the work product of appro-
priate standards development organizations. 
(2) PERIOD OF EFFECTIVENESS.—A provisional 
standard established under paragraph (1) shall be 
published in the Federal Register and remain in ef-
fect until the appropriate standards development or-
ganization adopts and publishes a standard. 
(c) CONFORMITY
WITH
NATIONAL
ARCHITEC-
TURE.— 
(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), the Secretary shall ensure that
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intelligent transportation system projects carried out 
using funds made available from the Highway Trust 
Fund, including funds made available under this 
subtitle to deploy intelligent transportation system 
technologies, conform to the national architecture, 
applicable standards or provisional standards, and 
protocols developed under subsection (a). 
(2) SECRETARY’S DISCRETION.—The Secretary 
may authorize exceptions to paragraph (1) for— 
(A) projects designed to achieve specific re-
search objectives outlined in the national intel-
ligent transportation system program plan or 
the surface transportation research and devel-
opment strategic plan developed under section 
508 of title 23, United States Code; or 
(B) the upgrade or expansion of an intel-
ligent transportation system in existence on the 
date of enactment of this Act if the Secretary 
determines that the upgrade or expansion— 
(i) would not adversely affect the 
goals or purposes of this subtitle; 
(ii) is carried out before the end of 
the useful life of such system; and
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(iii) is cost-effective as compared to 
alternatives that would meet the con-
formity requirement of paragraph (1). 
(3) EXCEPTIONS.—Paragraph (1) shall not 
apply to funds used for operation or maintenance of 
an intelligent transportation system in existence on 
the date of enactment of this Act. 
SEC. 5605. RESEARCH AND DEVELOPMENT. 
(a) IN GENERAL.—The Secretary shall carry out a 
comprehensive program of intelligent transportation sys-
tem research, development, and operational tests of intel-
ligent vehicles and intelligent infrastructure systems and 
other similar activities that are necessary to carry out this 
subtitle. 
(b) PRIORITY AREAS.—Under the program, the Sec-
retary shall give higher priority to funding projects that— 
(1) enhance mobility and productivity through 
improved traffic management, incident management, 
transit management, freight management, road 
weather management, toll collection, traveler infor-
mation, or highway operations systems and remote 
sensing products; 
(2) utilize interdisciplinary approaches to de-
velop traffic management strategies and tools to ad-
dress multiple impacts of congestion concurrently;
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(3) enhance safety through improved crash 
avoidance and protection, crash and other notifica-
tion, commercial motor vehicle operations, and infra-
structure-based or cooperative safety systems; and 
(4) facilitate the integration of intelligent infra-
structure, vehicle, and control technologies. 
(c) FEDERAL SHARE.—The Federal share of the cost 
of operational tests and demonstrations under subsection 
(a) shall not exceed 80 percent. 
SEC. 5606. INFRASTRUCTURE DEVELOPMENT. 
Funds made available to carry out this subtitle for 
operational tests— 
(1) shall be used primarily for the development 
of intelligent transportation system infrastructure; 
and 
(2) to the maximum extent practicable, shall 
not be used for the construction of physical highway 
and public transportation infrastructure unless the 
construction is incidental and critically necessary to 
the implementation of an intelligent transportation 
system project. 
SEC. 5607. ROAD WEATHER RESEARCH AND DEVELOPMENT 
PROGRAM. 
(a) ESTABLISHMENT.—The Secretary shall establish 
a road weather research and development program to—
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(1) maximize use of available road weather in-
formation and technologies; 
(2) expand road weather research and develop-
ment efforts to enhance roadway safety, capacity, 
and efficiency while minimizing environmental im-
pacts; and 
(3) promote technology transfer of effective 
road weather scientific and technological advances. 
(b) STAKEHOLDER INPUT.—In carrying out this sec-
tion, the Secretary shall consult with the National Oceanic 
and Atmospheric Administration, the National Science 
Foundation, the American Association of State Highway 
and Transportation Officials, nonprofit organizations, and 
the private sector. 
(c) CONTENTS.— The program established under this 
section shall solely carry out research and development 
called for in the National Research Council’s report enti-
tled ‘‘A Research Agenda for Improving Road Weather 
Services’’. Such research and development includes— 
(1) integrating existing observational networks 
and data management systems for road weather ap-
plications; 
(2) improving weather modeling capabilities and 
forecast tools, such as the road surface and atmos-
pheric interface;
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(3) enhancing mechanisms for communicating 
road weather information to users, such as transpor-
tation officials and the public; and 
(4) integrating road weather technologies into 
an information infrastructure. 
(d) ACTIVITIES.— In carrying out this section, the 
Secretary shall— 
(1) enable efficient technology transfer; 
(2) improve education and training of road 
weather information users, such as State and local 
transportation officials and private sector transpor-
tation contractors; and 
(3) coordinate with transportation weather re-
search programs in other modes, such as aviation. 
(e) FUNDING.— 
(1) IN
GENERAL.—In awarding funds under 
this section, the Secretary shall give preference to 
applications with significant matching funds from 
non-Federal sources. 
(2) FUNDS
FOR
ROAD
WEATHER
RESEARCH 
AND DEVELOPMENT.—Of the amounts made avail-
able by section 5101(a)(5), $4,000,000 shall be 
available to carry out this section for each of fiscal 
years 2004 through 2009.
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SEC. 5608. DEFINITIONS. 
In this subtitle, the following definitions apply: 
(1) INCIDENT.—The term ‘‘incident’’ means a 
crash, a natural disaster, workzone activity, special 
event, or other emergency road user occurrence that 
adversely affects or impedes the normal flow of traf-
fic. 
(2) INTELLIGENT
TRANSPORTATION
INFRA-
STRUCTURE.—The term ‘‘intelligent transportation 
infrastructure’’ means fully integrated public sector 
intelligent transportation system components, as de-
fined by the Secretary. 
(3) INTELLIGENT TRANSPORTATION SYSTEM.— 
The term ‘‘intelligent transportation system’’ means 
electronics, communications, or information proc-
essing used singly or in combination to improve the 
efficiency or safety of a surface transportation sys-
tem. 
(4) NATIONAL ARCHITECTURE.—The term ‘‘na-
tional architecture’’ means the common framework 
for interoperability that defines— 
(A) the functions associated with intel-
ligent transportation system user services; 
(B) the physical entities or subsystems 
within which the functions reside;
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(C) the data interfaces and information 
flows between physical subsystems; and 
(D) the communications requirements as-
sociated with the information flows. 
(5) PROJECT.—The term ‘‘project’’ means a 
undertaking to research, develop, or operationally 
test intelligent transportation systems or any other 
undertaking eligible for assistance under this sub-
title. 
(6) STANDARD.—The term ‘‘standard’’ means a 
document that— 
(A) contains technical specifications or 
other precise criteria for intelligent transpor-
tation systems that are to be used consistently 
as rules, guidelines, or definitions of character-
istics so as to ensure that materials, products, 
processes, and services are fit for their pur-
poses; and 
(B) may support the national architecture 
and promote— 
(i) the widespread use and adoption of 
intelligent 
transportation 
system 
tech-
nology as a component of the surface 
transportation systems of the United 
States; and
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(ii) interoperability among intelligent 
transportation system technologies imple-
mented throughout the States. 
(7) STATE.—The term ‘‘State’’ has the mean-
ing given the term under section 101 of title 23, 
United States Code. 
(8) TRANSPORTATION SYSTEMS MANAGEMENT 
AND OPERATIONS.—The term ‘‘transportation sys-
tems management and operations’’ has the meaning 
given the term under section 101(a) of such title. 
SEC. 5609. RURAL INTERSTATE CORRIDOR COMMUNICA-
TIONS STUDY. 
(a) STUDY.—The Secretary, in cooperation with the 
Secretary of Commerce, State departments of transpor-
tation, and other appropriate State, regional, and local of-
ficials, shall conduct a study on feasibility of installing 
fiber optic cabling and wireless communication infrastruc-
ture along multistate Interstate System route corridors for 
improved communications services to rural communities 
along such corridors. 
(b) CONTENTS OF STUDY.—In conducting the study, 
the Secretary shall identify— 
(1) impediments to installation of the infra-
structure 
described 
in 
subsection 
(a) 
along 
multistate Interstate System route corridors and to
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connecting such infrastructure to the rural commu-
nities along such corridors; 
(2) the effective geographic range of such infra-
structure; 
(3) potential opportunities for the private sector 
to fund, wholly or partially, the installation of such 
infrastructure; 
(4) potential benefits fiber optic cabling and 
wireless communication infrastructure may provide 
to rural communities along such corridors, including 
the effects of the installation of such infrastructure 
on economic development, deployment of intelligent 
transportation systems technologies and applica-
tions, homeland security precaution and response, 
and education and health systems in those commu-
nities; 
(5) rural broadband access points for such in-
frastructure; 
(6) areas of environmental conflict with such in-
stallation; 
(7) real estate ownership issues relating to such 
installation; 
(8) preliminary design for placement of fiber 
optic cable and wireless towers;
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(9) monetary value of the rights-of-way nec-
essary for such installation; 
(10) applicability and transferability of the ben-
efits of such installation to other rural corridors; and 
(11) safety and other operational issues associ-
ated with the installation and maintenance of fiber 
optic cabling and wire infrastructure within Inter-
state System rights-of-way and other publicly owned 
rights-of-way. 
(c) CORRIDOR
LOCATIONS.—The study required 
under subsection (a) shall be conducted for corridors 
along— 
(1) Interstate Route I–90 through rural Wis-
consin, southern Minnesota, northern Iowa, and 
South Dakota; 
(2) Interstate Route I–20 through Alabama, 
Mississippi, and northern Louisiana; 
(3) Interstate Route I–91 through Vermont, 
New Hampshire, and Massachusetts; and 
(4) any other rural corridor the Secretary con-
siders appropriate. 
(d) FEDERAL SHARE.—The Federal share of the cost 
of the study shall be 100 percent. 
(e) REPORT TO CONGRESS.—Not later than Sep-
tember 30, 2006, the Secretary shall transmit to Congress
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a report on the results of the study, including any rec-
ommendations of the Secretary. 
(f) FUNDING.—Of the amounts made available under 
section 5101(a)(5), $1,000,000 shall be available for fiscal 
year 2005, and $2,000,000 for fiscal year 2006, to carry 
out this section. 
SEC. 5610. CENTERS FOR SURFACE TRANSPORTATION EX-
CELLENCE. 
(a) ESTABLISHMENT.—The Secretary shall establish 
3 centers for surface transportation excellence. 
(b) GOALS.—The goals of the centers for surface 
transportation excellence are to promote and support stra-
tegic national surface transportation programs and activi-
ties relating to the work of State departments of transpor-
tation in the areas of environment, rural safety, and 
project finance. 
(c) ROLE OF CENTERS.—To achieve the goals set 
forth in subsection (b), the Secretary shall establish the 
3 centers as follows: 
(1) ENVIRONMENTAL
EXCELLENCE.—To pro-
vide technical assistance, information sharing of best 
practices, and training in the use of tools and deci-
sion-making processes that can assist States in plan-
ning and delivering environmentally sound surface 
transportation projects.
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(2) RURAL
SAFETY.—To provide research, 
training, and outreach on innovative uses of tech-
nology to enhance rural safety and economic devel-
opment, assess local community needs to improve ac-
cess to mobile emergency treatment, and develop on-
line and seminar training needs of rural transpor-
tation practitioners and policy-makers. 
(3) PROJECT FINANCE.—To provide support to 
State transportation departments in the development 
of finance plans and project oversight tools and to 
develop and offer training in state of the art financ-
ing methods to advance projects and leverage funds. 
(d) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—Of the amounts made avail-
able under section 5101(a)(1), the Secretary shall 
make available $2,000,000 for each of fiscal years 
2004 through 2009 to carry out this section. 
(2) ALLOCATION
OF
FUNDS.—Of the funds 
made available under paragraph (1) the Secretary 
shall use such amounts as follows: 
(A) 40 percent to establish the Center for 
Environmental Excellence. 
(B) 30 percent to establish the Center for 
Excellence in Rural Safety.
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(C) 30 percent to establish the Center for 
Excellence in Project Finance. 
(3) APPLICABILITY OF TITLE 23.—Funds au-
thorized 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 shall be 100 
percent. 
(e) PROGRAM ADMINISTRATION.— 
(1) COMPETITION.—A party entering into a 
contract, cooperative agreement, or other transaction 
with the Secretary, or receiving a grant to perform 
research or provide technical assistance under this 
section shall be selected on a competitive basis, to 
the maximum extent practicable. 
(2) STRATEGIC PLAN.—The Secretary shall re-
quire each center to develop a multiyear strategic 
plan that describes— 
(A) the activities to be undertaken; and 
(B) how the work of the center is coordi-
nated with the activities of the Federal High-
way Administration and the various other re-
search, development, and technology transfer 
activities authorized by this title. Such plans
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shall be submitted to the Secretary by January 
1, 2005 and each year thereafter. 
SEC. 5611. REPEAL. 
Subtitle C of title V of The Transportation Equity 
Act for the 21st Century (23 U.S.C. 502 note; 112 Stat. 
452–463) is repealed. 
TITLE 
VI—TRANSPORTATION 
PLANNING AND PROJECT DE-
LIVERY 
SEC. 6001. TRANSPORTATION PLANNING. 
(a) IN GENERAL.—Subtitle III of title 49, United 
States Code, is amended by inserting after chapter 51 the 
following: 
‘‘CHAPTER 52—TRANSPORTATION 
PLANNING AND PROJECT DELIVERY 
‘‘SUBCHAPTER A—GENERAL PROVISIONS 
‘‘Sec. 
‘‘5201. Definitions. 
‘‘SUBCHAPTER B—TRANSPORTATION PLANNING AND PROJECT DELIVERY 
‘‘5211. Policy. 
‘‘5212. Definitions. 
‘‘5213. Metropolitan transportation planning. 
‘‘5214. Statewide transportation planning. 
‘‘SUBCHAPTER C—EFFICIENT ENVIRONMENTAL REVIEWS FOR PROJECT 
DECISIONMAKING 
‘‘5251. Definitions and applicability. 
‘‘5252. Project development procedures.