576
industry average in urbanized areas with a pop-
ulation of at least 200,000 but not more than 
999,999; bears to 
(B) the aggregate number of performance 
categories for which all eligible areas meet or ex-
ceed the industry average in urbanized areas 
with a population of at least 200,000 but not 
more than 999,999. 
(2) DATA
USED
IN
FORMULA.—The Secretary 
shall calculate apportionments under this subsection 
for a fiscal year using data from the national transit 
database used to calculate apportionments for that 
fiscal year under section 5336 of title 49, United 
States Code. 
(d) ELIGIBLE RECIPIENT.—Grant amounts appor-
tioned to an eligible area under this section shall be made 
available to a public transportation agency or other govern-
mental entity in the eligible area for obligation in the eligi-
ble area. 
(e) GOVERNMENT’S SHARE OF COSTS.—
(1) CAPITAL
GRANTS.—A grant for a capital 
project under this section (including associated cap-
ital maintenance items) shall be for 80 percent of the 
net capital costs of the project, as determined by the
577
Secretary. The recipient may provide additional local 
matching amounts for such projects. 
(2) OPERATING
GRANTS.—A grant under this 
section for operating assistance may not exceed 50 
percent of the net operating costs of the project, as de-
termined by the Secretary. 
(3) REMAINDER.—The remainder of the net 
project costs may be provided from an undistributed 
cash surplus, a replacement or depreciation cash fund 
or reserve, or new capital. 
(f) PERIOD
OF AVAILABILITY.—Funds apportioned 
under this section to an eligible area shall remain available 
for obligation in that eligible area for a period of 3 years 
after the last day of the fiscal year for which the funds are 
apportioned. Any amounts so apportioned that remain un-
obligated at the end of that period shall be added to the 
amount that may be apportioned under this section in the 
next fiscal year. 
(g) APPLICATION
OF OTHER SECTIONS.—Sections 
5302, 5318, 5323, 5332, 5333, and 5336(e) of title 49, 
United States Code, apply to this section and to a grant 
made under this section. 
(h) FUNDING.—Of the amounts made available to 
carry out section 5307 of title 49, United States Code, 
$35,000,000 for fiscal year 2004, $38,000,000 for fiscal year
578
2005, $41,000,000 for fiscal year 2006, $44,000,000 for fis-
cal year 2007, $47,000,000 for fiscal year 2008, and 
$50,000,000 for fiscal year 2009 shall be available to carry 
out this section. 
(i) TECHNICAL
AMENDMENTS.—Section 5336 is 
amended—
(1) in subsection (a)—
(A) by striking ‘‘of this title’’ and inserting 
‘‘to carry out section 5307’’; and 
(B) in paragraph (2) by inserting before the 
period at the end the following: ‘‘, except that the 
amount apportioned to the Anchorage urbanized 
area under subsection (b) shall be available to 
the Alaska Railroad for any costs related to its 
passenger operations’’; 
(2) in subsection (b)(1) by inserting ‘‘and the 
Alaska Railroad passenger operations’’ after ‘‘recipi-
ent’’; 
(3) in subsection (j) by striking ‘‘a grant made 
under’’ each place it appears and inserting ‘‘a grant 
made with funds apportioned under’’; and 
(4) in subsection (k)(1) by striking ‘‘section 
5302(a)(13) of this title’’ and inserting ‘‘section 
5302(a)’’.
579
SEC. 3042. ALLOCATIONS FOR NATIONAL RESEARCH AND 
TECHNOLOGY PROGRAMS. 
(a) IN GENERAL.—Amounts appropriated pursuant to 
section 5338(d) of title 49, United States Code, for national 
research and technology programs under sections 5312, 
5314, and 5322 of such title shall be allocated by the Sec-
retary as follows: 
(1) SAFETY AND EMERGENCY PREPAREDNESS.—
For carrying out safety and emergency preparedness 
research activities consisting of technical assistance, 
training, and data analysis and reporting to improve 
public transportation system safety and security and 
emergency preparedness—
(A) $6,500,000 for fiscal year 2004; 
(B) $7,000,000 for fiscal year 2005; 
(C) $7,400,000 for fiscal year 2006; 
(D) $7,800,000 for fiscal year 2007; 
(E) $8,200,000 for fiscal year 2008; and 
(F) $8,700,000 for fiscal year 2009. 
(2) EQUIPMENT
AND
INFRASTRUCTURE.—For 
carrying out equipment and infrastructure research 
activities on public transportation and infrastructure 
technologies and methods and voluntary industry 
standards development—
(A) $5,450,000 for fiscal year 2004; 
(B) $5,700,000 for fiscal year 2005;
580
(C) $6,200,000 for fiscal year 2006; 
(D) $6,550,000 for fiscal year 2007; 
(E) $6,900,000 for fiscal year 2008; and 
(F) $7,200,000 for fiscal year 2009. 
(3) PUBLIC TRANSPORTATION OPERATIONS EFFI-
CIENCY.—For carrying out public transportation op-
erations efficiency research activities on high-perform-
ance public transportation services and other innova-
tions in fleet operations and maintenance—
(A) $4,350,000 for fiscal year 2004; 
(B) $4,700,000 for fiscal year 2005; 
(C) $4,900,000 for fiscal year 2006; 
(D) $5,200,000 for fiscal year 2007; 
(E) $5,500,000 for fiscal year 2008; and 
(F) $5,800,000 for fiscal year 2009. 
(4) ENERGY
INDEPENDENCE
AND
ENVIRON-
MENTAL PROTECTION.—
(A) IN GENERAL.—For carrying out energy 
independence and environmental protection re-
search activities on improved public transpor-
tation energy use and propulsion systems and 
public transportation oriented development—
(i) $3,450,000 for fiscal year 2004; 
(ii) $3,700,000 for fiscal year 2005; 
(iii) $3,900,000 for fiscal year 2006;
581
(iv) $4,150,000 for fiscal year 2007; 
(v) $4,300,000 for fiscal year 2008; 
and 
(vi) $4,300,000 for fiscal year 2009. 
(B) TRANSIT-ORIENTED DEVELOPMENT CEN-
TER.—Of the funds allocated for each of fiscal 
years 2005 through 2009 under subparagraph 
(A), not less than $1,000,000 shall be made 
available by the Secretary for establishment and 
operation of a national center for transit-ori-
ented development—
(i) to develop standards and defini-
tions for transit-oriented development adja-
cent to public transportation facilities; 
(ii) to develop system planning guid-
ance, performance criteria, and modeling 
techniques for metropolitan planning agen-
cies and public transportation agencies to 
maximize ridership through land use plan-
ning and adjacent development; and 
(iii) to provide research support and 
technical assistance to public transportation 
agencies, metropolitan planning agencies, 
and other persons regarding transit-oriented 
development.
582
(5) MOBILITY MANAGEMENT.——
(A) IN GENERAL.—or carrying out research 
activities on mobility management, as described 
in section 5302(a)(1) of title 49, United States 
Code—
(i) $6,500,000 for fiscal year 2004; 
(ii) $7,000,000 for fiscal year 2005; 
(iii) $7,400,000 for fiscal year 2006; 
(iv) $7,800,000 for fiscal year 2007; 
(v) $8,200,000 for fiscal year 2008; 
and 
(vi) $8,700,000 for fiscal year 2009. 
(B) TRANSPORTATION
EQUITY
RESEARCH 
PROGRAM.—Of the funds allocated for each of fis-
cal years 2005 through 2009 under subpara-
graph (A), not less than $1,000,000 shall be 
made available by the Secretary for research and 
demonstration activities that focus on the im-
pacts that transportation planning, investment, 
and operations have on low-income and minor-
ity populations that are transit dependent. Such 
activities shall include the development of strate-
gies to advance economic and community devel-
opment in low-income and minority commu-
nities and the development of training programs
583
that promote the employment of low-income and 
minority community residents on Federal-aid 
transportation projects constructed in their com-
munities. 
(6) PUBLIC TRANSPORTATION CAPACITY BUILD-
ING.—
(A) IN GENERAL.—For carrying out public 
transportation capacity building activities con-
sisting of workforce and industry development, 
the International Mass Transportation Program, 
and technology transfer and industry adoption 
activities—
(i) $2,300,000 for fiscal year 2004; 
(ii) $2,400,000 for fiscal year 2005; 
(iii) $2,500,000 for fiscal year 2006; 
(iv) $2,600,000 for fiscal year 2007; 
(v) $2,700,000 for fiscal year 2008; 
and 
(vi) $3,000,000 for fiscal year 2009. 
(B) TRANSIT
CAREER
LADDER
TRAINING 
PROGRAM.—Of the funds allocated for each fiscal 
year under subparagraph (A), not less than 
$1,000,000 shall be available for a nationwide 
career ladder job training partnership program 
for public transportation employees to respond to
584
technological changes in the public transpor-
tation industry, especially in the area of mainte-
nance. Such program shall be carried out by the 
Secretary through a contract with a national 
nonprofit organization with a demonstrated ca-
pacity to develop and provide such programs. 
(7) STRATEGIC
PLANNING
AND
PERFORMANCE 
MEASURES.—For carrying out strategic planning and 
performance measures consisting of policy and pro-
gram development, research program planning and 
performance, evaluation, and industry outreach—
(A) $3,450,000 for fiscal year 2004; 
(B) $3,500,000 for fiscal year 2005; 
(C) $3,700,000 for fiscal year 2006; 
(D) $4,000,000 for fiscal year 2007; 
(E) $4,200,000 for fiscal year 2008; and 
(F) $4,300,000 for fiscal year 2009. 
(b) REMAINDER.—After making allocations under sub-
section (a) of this section and section 5338(d)(2) of title 
49, United States Code, the remainder of funds made avail-
able by section 5338(d)(2) of such title for national research 
and technology programs under sections 5312, 5314, and 
5322 for a fiscal year shall be allocated at the discretion 
of the Secretary to other transit research, development, dem-
585
onstration and deployment projects authorized by sections 
5312, 5314, and 5322 of such title. 
SEC. 3043. OBLIGATION CEILING. 
Notwithstanding any other provision of law, the total 
of all obligations from amounts made available from the 
Mass Transit Account of the Highway Trust Fund by, and 
amounts appropriated under, subsections (a) through (f) of 
section 5338 of title 49, United States Code, shall not ex-
ceed—
(1) $7,266,000,000 for fiscal year 2004; 
(2) $7,750,000,000 for fiscal year 2005; 
(3) $8,266,000,000 for fiscal year 2006; 
(4) $8,816,000,000 for fiscal year 2007; 
(5) $9,403,000,000 for fiscal year 2008; and 
(6) $10,029,000,000 for fiscal year 2009. 
SEC. 3044. ADJUSTMENTS FOR THE SURFACE TRANSPOR-
TATION EXTENSION ACT OF 2004. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, the Secretary shall ensure that the total appor-
tionments and allocations made to a designated grant re-
cipient under section 5338 of title 49, United States Code, 
for fiscal year 2004 shall be reduced by the amount appor-
tioned to such designated recipient pursuant to section 9 
of the Surface Transportation Extension Act of 2004.
586
(b) FIXED
GUIDEWAY
MODERNIZATION
ADJUST-
MENT.—In making the apportionments described in sub-
section (a), the Secretary shall adjust the amount appor-
tioned to each urbanized area for fixed guideway mod-
ernization for fiscal year 2004 to reflect the method for ap-
portioning funds in section 5337(a) of title 49, United 
States Code. 
TITLE IV—MOTOR CARRIER 
TRANSPORTATION AND SAFETY 
Subtitle A—Commercial Motor 
Vehicle Safety 
SEC. 4101. AUTHORIZATION OF APPROPRIATIONS. 
(a) ADMINISTRATIVE EXPENSES.—Section 31104 of 
title 49, United States Code, is amended by adding the fol-
lowing at the end: 
‘‘(i) ADMINISTRATIVE EXPENSES.—
‘‘(1) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated from the 
Highway Trust Fund (other than the Mass Transit 
Account) for the Secretary of Transportation to pay 
administrative expenses of the Federal Motor Carrier 
Safety Administration—
‘‘(A) $196,000,000 for fiscal year 2004; 
‘‘(B) $208,000,000 for fiscal year 2005; 
‘‘(C) $215,000,000 for fiscal year 2006;
587
‘‘(D) $221,000,000 for fiscal year 2007; 
‘‘(E) $226,000,000 for fiscal year 2008; and 
‘‘(F) $232,000,000 for fiscal year 2009. 
‘‘(2) USE OF FUNDS.—The funds authorized by 
this subsection shall be used for personnel costs; ad-
ministrative infrastructure; rent; information tech-
nology; programs for research and technology, infor-
mation management, regulatory development (includ-
ing a medical review board), the administration of 
the performance and registration information system 
management, and outreach and education; other oper-
ating expenses; and such other expenses as may from 
time to time become necessary to implement statutory 
mandates of the Administration not funded from 
other sources. 
‘‘(3) PERIOD
OF
AVAILABILITY.—The amounts 
made available under this section shall remain avail-
able until expended. 
‘‘(4) INITIAL DATE OF AVAILABILITY.—Author-
izations from the Highway Trust Fund (other than 
the Mass Transit Account) to carry out subtitle IV, 
part B, and subtitle VI, part B, of this title, or the 
provisions of title IV of the Transportation Equity 
Act: A Legacy for Users, shall be available for obliga-
tion on the date of their apportionment or allocation
588
or on October 1 of the fiscal year for which they are 
authorized, whichever occurs first. 
‘‘(5) CONTRACT AUTHORITY.—Approval by the 
Secretary of a grant with funds made available under 
paragraph (4) imposes upon the United States a con-
tractual obligation for payment of the Government’s 
share of costs incurred in carrying out the objectives 
of the grant.’’. 
(b) GRANT PROGRAMS.—There are authorized to be 
appropriated from the Highway Trust Fund (other than 
the Mass Transit Account) the following sums for the fol-
lowing Federal Motor Carrier Safety Administration pro-
grams: 
(1) For commercial driver’s license program im-
provement grants under section 31313 of title 49, 
United States Code—
(A) $22,000,000 for fiscal year 2005; 
(B) $23,000,000 for each of fiscal years 
2006 and 2007; 
(C) $24,000,000 for fiscal year 2008; and 
(D) $25,000,000 for fiscal year 2009. 
(2) For border enforcement grants under section 
31107 of such title—
(A) $32,000,000 for fiscal year 2005; 
(B) $32,000,000 for fiscal year 2006;
589
(C) $32,000,000 for fiscal year 2007; 
(D) $32,000,000 for fiscal year 2008; and 
(E) $32,000,000 for fiscal year 2009. 
(3) For the performance and registration infor-
mation system management grant program under sec-
tion 31109 of such title—
(A) $4,000,000 for fiscal year 2005; 
(B) $4,000,000 for fiscal year 2006; 
(C) $4,000,000 for fiscal year 2007; 
(D) $4,000,000 for fiscal year 2008; and 
(E) $4,000,000 for fiscal year 2009. 
(4) COMMERCIAL
VEHICLE
INFORMATION
SYS-
TEMS AND NETWORKS DEPLOYMENT.—For carrying 
out the commercial vehicle information systems and 
networks deployment program under section 4009 of 
this Act, $22,000,000 for each of fiscal years 2005 
through 2009. 
(c) PERIOD OF AVAILABILITY.—The amounts made 
available under subsection (b) of this section shall remain 
available until expended. 
(d) INITIAL DATE OF AVAILABILITY.—Amounts au-
thorized to be appropriated from the Highway Trust Fund 
(other than the Mass Transit Account) by subsection (b) 
shall be available for obligation on the date of their appor-
590
tionment or allocation or on October 1 of the fiscal year 
for which they are authorized, whichever occurs first. 
(e) CONTRACT AUTHORITY.—Approval by the Sec-
retary of a grant with funds made available under sub-
section (b) imposes upon the United States a contractual 
obligation for payment of the Government’s share of costs 
incurred in carrying out the objectives of the grant. 
SEC. 4102. MOTOR CARRIER SAFETY GRANTS. 
(a) STATE PLAN CONTENTS.—Section 31102(b)(1) of 
title 49, United States Code, is amended—
(1) by striking subparagraph (A) and inserting 
the following: 
‘‘(A) implements performance-based activities, 
including deployment of technology to enhance the ef-
ficiency and effectiveness of commercial motor vehicle 
safety programs;’’; 
(2) by striking subparagraph (Q) and inserting 
the following: 
‘‘(Q) provides that the State has established a 
program to ensure accurate, complete, and timely 
motor carrier safety data is collected and reported to 
the Secretary and that the State will participate in 
a national motor carrier safety data correction sys-
tem prescribed by the Secretary;’’;
591
(3) by aligning subparagraph (R) with subpara-
graph (S); 
(4) by striking ‘‘and’’ at the end of subpara-
graph (S); 
(5) by striking the period at the end of subpara-
graph (T) and inserting a semicolon; and 
(6) by adding at the end the following: 
‘‘(U) provides that the State will include in the 
training manual for the licensing examination to 
drive a noncommercial motor vehicle and a commer-
cial motor vehicle, information on best practices for 
driving safely in the vicinity of commercial motor ve-
hicles and in the vicinity of noncommercial motor ve-
hicles, respectively; 
‘‘(V) provides that the State will enforce the reg-
istration requirements of section 13902 by placing out 
of service any vehicle discovered to be operated by a 
motor carrier without a registration issued under 
such section or to be operating beyond the scope of 
such registration; and 
‘‘(W) provides that the State will conduct com-
prehensive and highly visible traffic enforcement and 
commercial motor vehicle safety inspection programs 
in high-risk locations and corridors.’’.
592
(b) USE OF GRANTS TO ENFORCE OTHER LAWS.—Sec-
tion 31102 of such title is amended—
(1) by striking subsection (c) and inserting the 
following: 
‘‘(c) USE OF GRANTS TO ENFORCE OTHER LAWS.—
A State may use amounts received under a grant under 
subsection (a)—
‘‘(1) for the following activities if the activities 
are carried out in conjunction with an appropriate 
inspection of the commercial motor vehicle to enforce 
Government or State commercial motor vehicle safety 
regulations: 
‘‘(A) enforcement of commercial motor vehi-
cle size and weight limitations at locations other 
than fixed weight facilities, at specific locations 
such as steep grades or mountainous terrains 
where the weight of a commercial motor vehicle 
can significantly affect the safe operation of the 
vehicle, or at ports where intermodal shipping 
containers enter and leave the United States; 
and 
‘‘(B) detection of the unlawful presence of a 
controlled substance (as defined under section 
102 of the Comprehensive Drug Abuse Prevention 
and Control Act of 1970 (21 U.S.C. 802)) in a
593
commercial motor vehicle or on the person of any 
occupant (including the operator) of the vehicle; 
and 
‘‘(2) for documented enforcement of State traffic 
laws and regulations designed to promote the safe op-
eration of commercial motor vehicles, including docu-
mented enforcement of such laws and regulations re-
lating to noncommercial motor vehicles when nec-
essary to promote the safe operation of commercial 
motor vehicles if the number of roadside safety inspec-
tions conducted in the State is maintained at a level 
at least equal to the average number conducted in the 
State in fiscal years 2001, 2002, and 2003; except 
that the State may not use more than 5 percent of the 
aggregate amount the State receives under the grant 
under subsection (a) for enforcement activities relat-
ing to noncommercial motor vehicles described in this 
paragraph.’’; and 
(2) by adding at the end the following: 
‘‘(e) ANNUAL REPORT.—The Secretary shall submit to 
the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Commerce, 
Science and Transportation of the Senate an annual report 
that describes the effect of activities carried out with funds
594
from grants made under this section on commercial motor 
vehicle safety.’’. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—Section 
31104(a) of such title is amended to read as follows: 
‘‘(a) IN GENERAL.—Subject to subsection (f), there are 
authorized to be appropriated from the Highway Trust 
Fund (other than the Mass Transit Account) to carry out 
section 31102—
‘‘(1) $168,000,000 for fiscal year 2004; 
‘‘(2) $183,000,000 for fiscal year 2005; 
‘‘(3) $185,000,000 for fiscal year 2006; 
‘‘(4) $190,000,000 for fiscal year 2007; 
‘‘(5) $195,000,000 for fiscal year 2008; and 
‘‘(6) $200,000,000 for fiscal year 2009.’’. 
(d) NEW ENTRANT AUDITS.—Section 31104(f) of such 
title is amended—
(1) in paragraph (1) by striking ‘‘deduction 
under subsection (e)’’ and inserting ‘‘deductions 
under subsection (e) and paragraphs (2) and (3)’’; 
(2) the first sentence of paragraph (2)(A)—
(A) by striking ‘‘or’’; and 
(B) by inserting after ‘‘technologies’’ the fol-
lowing: ‘‘, or improve the quality and accuracy 
of data provided by the State’’; 
(3) in paragraph (2)—
595
(A) by striking ‘‘AND
BORDER
ACTIVI-
TIES.—’’ and all that follows through ‘‘5 per-
cent’’ and inserting ‘‘ACTIVITIES.—The Secretary 
may designate up to 10 percent’’; and 
(B) by striking subparagraph (B); and 
(4) by adding at the end the following: 
‘‘(3) NEW
ENTRANT
AUDITS.—The Secretary 
may deduct up to $15,000,000 of the amounts avail-
able under subsection (a) for a fiscal year for audits 
of 
new 
entrant 
motor 
carriers 
under 
section 
31144(g).’’. 
(e) TECHNICAL AMENDMENTS.—Sections 31102(b)(3) 
and 31103(a) of such title are amended by striking 
‘‘(1)(D)’’ and inserting ‘‘(1)(E)’’. 
SEC. 4103. BORDER ENFORCEMENT GRANTS. 
(a) IN GENERAL.—Chapter 311 of title 49, United 
States Code, is amended—
(1) by striking: 
‘‘SUBCHAPTER I—STATE GRANTS AND OTHER 
COMMERCIAL MOTOR VEHICLE PROGRAMS’’
and inserting: 
‘‘SUBCHAPTER I—GENERAL AUTHORITY AND 
STATE GRANTS’’; and 
(2) by striking section 31107 and inserting the 
following:
596
‘‘§ 31107. Border enforcement grants 
‘‘(a) GENERAL AUTHORITY.—The Secretary of Trans-
portation may make a grant in a fiscal year to a State 
that shares a land border with another country for carrying 
out border commercial motor vehicle safety programs and 
related enforcement activities and projects. 
‘‘(b) MAINTENANCE
OF EXPENDITURES.—The Sec-
retary may make a grant to a State under this section only 
if the State agrees that the total expenditure of amounts 
of the State and political subdivisions of the State, exclusive 
of amounts from the United States, for carrying out border 
commercial motor vehicle safety programs and related en-
forcement activities and projects will be maintained at a 
level at least equal to the average level of that expenditure 
by the State and political subdivisions of the State for the 
last 2 fiscal years of the State ending before the date of 
enactment of the Transportation Equity Act: A Legacy for 
Users. 
‘‘(c) GOVERNMENTS SHARE OF COSTS.—The Secretary 
shall reimburse a State under a grant made under this sec-
tion an amount that is not more than 100 percent of the 
costs incurred by the State in a fiscal year for carrying 
out border commercial motor vehicle safety programs and 
related enforcement activities and projects. 
‘‘(d) 
AVAILABILITY
AND
REALLOCATION
OF 
AMOUNTS.—Allocations to a State remain available for ex-
597
penditure in the State for the fiscal year in which they are 
allocated and for the next fiscal year. Amounts not expended 
by a State during those 2 fiscal years are available to the 
Secretary for reallocation under this section.’’. 
(b) CONFORMING AMENDMENTS.—The analysis for 
such chapter is amended—
(1) by striking
‘‘SUBCHAPTER I—STATE GRANTS AND OTHER COMMERCIAL MOTOR 
VEHICLE PROGRAMS’’
and inserting the following:
‘‘SUBCHAPTER I—GENERAL AUTHORITY AND STATE GRANTS’’; and
(2) by striking the item relating to section 31107 
and inserting the following:
‘‘31107. Border enforcement grants.’’.
SEC. 4104. COMMERCIAL DRIVER’S LICENSE IMPROVE-
MENTS. 
(a) STATE GRANTS.—Chapter 313 of title 49, United 
States Code, is amended by inserting after section 31312 
the following: 
‘‘§ 31313. Grants for commercial driver’s license pro-
gram improvements 
‘‘(a) GRANTS FOR COMMERCIAL DRIVER’S LICENSE 
PROGRAM IMPROVEMENTS.—
‘‘(1) GENERAL
AUTHORITY.—The Secretary of 
Transportation may make a grant to a State in a fis-
cal year—
598
‘‘(A) to comply with the requirements of sec-
tion 31311; and 
‘‘(B) in the case of a State that is in sub-
stantial compliance with the requirements of sec-
tion 31311 and this section, to improve its im-
plementation of its commercial driver’s license 
program. 
‘‘(2) PURPOSES
FOR
WHICH
GRANTS
MAY
BE 
USED.—A State may use grants under paragraphs 
(1)(A) and (1)(B) only for expenses directly related to 
its compliance with section 31311; except that a grant 
under paragraph (1)(B) may be used for improving 
implementation of the State’s commercial driver’s li-
cense program, including expenses for computer hard-
ware and software, publications, testing, personnel, 
training, and quality control. The grant may not be 
used to rent, lease, or buy land or buildings. 
‘‘(3) APPLICATION.—In order to receive a grant 
under this section, a State must submit an applica-
tion for such grant that is in such form, and contains 
such information, as the Secretary may require. The 
application shall include the State’s assessment of its 
commercial drivers license program. 
‘‘(4) MAINTENANCE
OF
EXPENDITURES.—The 
Secretary may make a grant to a State under this
599
subsection only if the State agrees that the total ex-
penditure of amounts of the State and political sub-
divisions of the State, exclusive of amounts from the 
United States, for the State’s commercial driver’s li-
cense program will be maintained at a level at least 
equal to the average level of that expenditure by the 
State and political subdivisions of the State for the 
last 2 fiscal years of the State ending before the date 
of enactment of the Transportation Equity Act: A 
Legacy for Users. 
‘‘(5) GOVERNMENT SHARE.—The Secretary shall 
reimburse a State under a grant made under this 
subsection an amount that is not more than 80 per-
cent of the costs incurred by the State in a fiscal year 
in complying with section 31311 and improving its 
implementation of its commercial driver’s license pro-
gram. In determining such costs, the Secretary shall 
include in-kind contributions by the State. Amounts 
required to be expended by the State under paragraph 
(4) may not be included as part of the non-Federal 
share of such costs. 
‘‘(b) HIGH-PRIORITY ACTIVITIES.—
‘‘(1) GRANTS
FOR
NATIONAL
CONCERNS.—The 
Secretary may make a grant to a State agency, local 
government, or other person for 100 percent of the
600
costs of research, development, demonstration projects, 
public education, and other special activities and 
projects relating to commercial driver licensing and 
motor vehicle safety that are of benefit to all jurisdic-
tions of the United States or are designed to address 
national safety concerns and circumstances. 
‘‘(2) FUNDING.—The Secretary may deduct up to 
10 percent of the amounts made available to carry 
out this section for a fiscal year to make grants under 
this subsection.’’. 
(b) CONFORMING AMENDMENT.—The analysis for such 
chapter is amended by inserting after the item relating to 
section 31312 the following:
‘‘31313. Grants for commercial driver’s license program improvements.’’.
(c) AMOUNTS WITHHELD.—Subsections (a) and (b) of 
section 31314 of such title are each amended by inserting 
‘‘up to’’ after ‘‘withhold’’. 
SEC. 4105. HOBBS ACT. 
(a) JURISDICTION OF COURT OF APPEALS OVER COM-
MERCIAL MOTOR VEHICLE SAFETY REGULATION AND OP-
ERATORS
AND
MOTOR
CARRIER
SAFETY.—Section 
2342(3)(A) of title 28, United States Code, is amended by 
inserting before ‘‘of title 49’’ the following: ‘‘, subchapter 
III of chapter 311, chapter 313, or chapter 315’’. 
(b) JUDICIAL REVIEW.—Section 351(a) of title 49, 
United States Code, is amended by striking ‘‘Federal High-
601
way Administration’’ and inserting ‘‘Federal Motor Carrier 
Safety Administration’’. 
(c) AUTHORITY
TO CARRY OUT CERTAIN TRANS-
FERRED DUTIES AND POWERS.—Section 352 of title 49, 
United States Code, is amended by striking ‘‘Federal High-
way Administration’’ and inserting ‘‘Federal Motor Carrier 
Safety Administration’’. 
SEC. 4106. PENALTY FOR DENIAL OF ACCESS TO RECORDS. 
Section 521(b) of title 49, United States Code, is 
amended—
(1) by striking ‘‘(b)(1)(A) If the Secretary’’ and 
inserting the following: 
‘‘(b) VIOLATIONS RELATING TO COMMERCIAL MOTOR 
VEHICLE SAFETY REGULATION AND OPERATORS.—
‘‘(1) NOTICE.—
‘‘(A) IN GENERAL.—If the Secretary’’; and 
(2) by adding at the end of paragraph (2) the 
following: 
‘‘(E) COPYING OF RECORDS AND ACCESS TO 
EQUIPMENT, LANDS, AND BUILDINGS.—A person 
subject to chapter 51 or part B of subtitle VI who 
fails to allow the Secretary, or an employee des-
ignated by the Secretary, promptly upon de-
mand to inspect and copy any record or inspect 
and examine equipment, lands, buildings, and
602
other property in accordance with section 504(c), 
5121(c), or 14122(b) shall be liable to the United 
States for a civil penalty not to exceed $1,000 for 
each offense. Each day the Secretary is denied 
the right to inspect and copy any record or in-
spect and examine equipment, lands, buildings, 
and other property shall constitute a separate of-
fense; except that the total of all civil penalties 
against any violator for all offenses related to a 
single violation shall not exceed $10,000. It shall 
be a defense to such penalty that the records did 
not exist at the time of the Secretary’s request or 
could not be timely produced without unreason-
able expense or effort. Nothing in this subpara-
graph shall be construed as amending or super-
seding any remedy available to the Secretary 
under section 502(d), section 507(c), or any 
other provision of this title.’’. 
SEC. 4107. MEDICAL REVIEW BOARD. 
Section 113 of title 49, United States Code, is amended 
by adding at the end the following: 
‘‘(j) MEDICAL REVIEW BOARD.—
‘‘(1) ESTABLISHMENT AND FUNCTION.—The Ad-
ministrator shall establish a Medical Review Board 
as an advisory committee to provide the Administra-
603
tion with medical advice and recommendations on 
driver qualification medical standards and guide-
lines, medical examiner education, and medical re-
search. 
‘‘(2) COMPOSITION.—The Medical Review Board 
shall consist of 5 members appointed for a term not 
to exceed 3 years by the Secretary from medical insti-
tutions and private medical practice. The membership 
shall reflect expertise in a variety of medical special-
ties relevant to the functions of the Administration.’’. 
SEC. 4108. INCREASED PENALTIES FOR OUT-OF-SERVICE 
VIOLATIONS AND FALSE RECORDS. 
(a) RECORDKEEPING AND REPORTING VIOLATIONS.—
Section 521(b)(2)(B) of title 49, United States Code, is 
amended—
(1) in clause (i) by striking ‘‘$500’’ and insert-
ing ‘‘$1,000’’; and 
(2) by striking ‘‘$5,000’’ each place it appears 
and inserting ‘‘$10,000’’. 
(b) VIOLATIONS OF OUT-OF-SERVICE ORDERS.—Sec-
tion 31310(i)(2) of title 49, United States Code, is amend-
ed—
(1) by striking ‘‘Not later than December 18, 
1992, the’’ and inserting ‘‘The’’; 
(2) in subparagraph (A)—
604
(A) by striking ‘‘90 days’’ and inserting 
‘‘180 days’’; and 
(B) by striking ‘‘$1,000’’ and inserting 
‘‘$2,500’’; 
(3) in subparagraph (B)—
(A) by striking ‘‘one year’’ and inserting ‘‘2 
years’’; and 
(B) by striking ‘‘$1,000; and’’ and inserting 
‘‘$5,000;’’; 
(4) in subparagraph (C) by striking ‘‘$10,000.’’ 
and inserting ‘‘$25,000; and’’; and 
(5) by adding at the end the following: 
‘‘(D) an employer that knowingly and willfully 
allows or requires an employee to operate a commer-
cial motor vehicle in violation of an out-of-service 
order shall, upon conviction, be subject for each of-
fense to imprisonment for a term not to exceed one 
year or a fine under title 18, or both.’’. 
SEC. 4109. COMMERCIAL VEHICLE INFORMATION SYSTEMS 
AND NETWORKS DEPLOYMENT. 
(a) IN GENERAL.—The Secretary shall carry out a 
commercial vehicle information systems and networks pro-
gram to—
(1) improve the safety and productivity of com-
mercial vehicles and drivers; and
605
(2) reduce costs associated with commercial vehi-
cle operations and Federal and State commercial ve-
hicle regulatory requirements. 
(b) PURPOSE.—The program shall advance the techno-
logical capability and promote the deployment of intelligent 
transportation system applications for commercial motor 
vehicle operations, commercial driver, and carrier-specific 
information systems and networks. 
(c) CORE DEPLOYMENT GRANTS.—
(1) IN
GENERAL.—The Secretary shall make 
grants to eligible States for the core deployment of 
commercial vehicle information systems and networks. 
(2) AMOUNT OF GRANTS.—The maximum aggre-
gate amount the Secretary may grant to a State for 
the core deployment of commercial vehicle informa-
tion systems and networks under this subsection and 
sections 5001(a)(5) and 5001(a)(6) of the Transpor-
tation Equity Act for the 21st Century (112 Stat. 
420) may not exceed $2,500,000. 
(3) USE OF FUNDS.—Funds from a grant under 
this subsection may only be used for the core deploy-
ment of commercial vehicle information systems and 
networks. An eligible State that has either completed 
the core deployment of commercial vehicle informa-
tion systems and networks or completed such deploy-
606
ment before grant funds are expended under this sub-
section may use the grant funds for the expanded de-
ployment of commercial vehicle information systems 
and networks in the State. 
(d) EXPANDED DEPLOYMENT GRANTS.—
(1) IN GENERAL.—For each fiscal year, from the 
funds remaining after the Secretary has made grants 
under subsection (c), the Secretary may make grants 
to each eligible State, upon request, for the expanded 
deployment of commercial vehicle information systems 
and networks. 
(2) ELIGIBILITY.—Each State that has com-
pleted the core deployment of commercial vehicle in-
formation systems and networks in such State is eli-
gible for an expanded deployment grant under this 
subsection. 
(3) AMOUNT OF GRANTS.—Each fiscal year, the 
Secretary may distribute funds available for ex-
panded deployment grants equally among the eligible 
States, but not to exceed $1,000,000 per State. 
(4) USE OF FUNDS.—A State may use funds 
from a grant under this subsection only for the ex-
panded deployment of commercial vehicle information 
systems and networks.
607
(e) ELIGIBILITY.—To be eligible for a grant under this 
section, a State—
(1) shall have a commercial vehicle information 
systems and networks program plan approved by the 
Secretary that describes the various systems and net-
works at the State level that need to be refined, re-
vised, upgraded, or built to accomplish deployment of 
core capabilities; 
(2) shall certify to the Secretary that its commer-
cial vehicle information systems and networks deploy-
ment activities, including hardware procurement, 
software and system development, and infrastructure 
modifications—
(A) are consistent with the national intel-
ligent transportation systems and commercial 
vehicle information systems and networks archi-
tectures and available standards; and 
(B) promote interoperability and efficiency 
to the extent practicable; and 
(3) shall agree to execute interoperability tests 
developed by the Federal Motor Carrier Safety Ad-
ministration to verify that its systems conform with 
the national intelligent transportation systems archi-
tecture, applicable standards, and protocols for com-
mercial vehicle information systems and networks.
638
establishing a program to ensure that intermodal equip-
ment 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 Department 
of Transportation. 
(c) CONTENTS.—The regulations issued under this sec-
tion 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 transpor-
tation; 
(2) a requirement to match such intermodal 
equipment readily to the intermodal equipment pro-
vider through a unique identifying number; 
(3) a requirement to ensure that each intermodal 
equipment provider maintains a system of mainte-
nance 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 con-
sistent with section 521(b) of title 49, United 
States Code, for intermodal equipment providers