†
1004
HR 3 PP
employees and the methods agencies use to de-
liver the benefit to employees, including examples
of best practices; and
(B) an analysis of the impact of Federal
employees’ use of transit on traffic congestion
and pollution in the National Capital Region.
(3) REPORT.—Not later than 180 days after the
date of enactment of this Act, the Secretary shall sub-
mit a report to Congress on the results of the study
under this subsection.
(b) AUTHORITY TO USE GOVERNMENT VEHICLES TO
TRANSPORT
FEDERAL
EMPLOYEES
BETWEEN
THEIR
PLACE OF EMPLOYMENT AND MASS TRANSIT FACILITIES.—
(1) IN
GENERAL.—Section 1344 of title 31,
United States Code, is amended—
(A) by redesignating subsections (g) and (h)
as subsections (h) and (i), respectively; and
(B) by inserting after subsection (f) the fol-
lowing:
‘‘(g)(1) A passenger carrier may be used to transport
an officer or employee of a Federal agency between the offi-
cer’s or employee’s place of employment and a mass transit
facility (whether or not publicly owned) in accordance with
succeeding provisions of this subsection.
†
1005
HR 3 PP
‘‘(2) Notwithstanding section 1343, a Federal agency
that provides transportation services under this subsection
(including by passenger carrier) shall absorb the costs of
such services using any funds available to such agency,
whether by appropriation or otherwise.
‘‘(3) In carrying out this subsection, a Federal agency
shall—
‘‘(A) to the maximum extent practicable, use al-
ternative fuel vehicles to provide transportation serv-
ices;
‘‘(B) to the extent consistent with the purposes of
this subsection, provide transportation services in a
manner that does not result in additional gross in-
come for Federal income tax purposes; and
‘‘(C) coordinate with other Federal agencies to
share, and otherwise avoid duplication of, transpor-
tation services provided under this subsection.
‘‘(4) For purposes of any determination under chapter
81 of title 5, an individual shall not be considered to be
in the ‘performance of duty’ by virtue of the fact that such
individual is receiving transportation services under this
subsection.
‘‘(5)(A) The Administrator of General Services, after
consultation with the National Capital Planning Commis-
†
1006
HR 3 PP
sion and other appropriate agencies, shall prescribe any
regulations necessary to carry out this subsection.
‘‘(B) Transportation services under this subsection
shall be subject neither to the last sentence of subsection
(d)(3) nor to any regulations under the last sentence of sub-
section (e)(1).
‘‘(6) In this subsection, the term ‘passenger carrier’
means a passenger motor vehicle, aircraft, boat, ship, or
other similar means of transportation that is owned or
leased by the United States Government or the government
of the District of Columbia.’’.
(2) FUNDS FOR MAINTENANCE, REPAIR, ETC.—
Subsection (a) of section 1344 of title 31, United
States Code, is amended by adding at the end the fol-
lowing:
‘‘(3) For purposes of paragraph (1), the transportation
of an individual between such individual’s place of employ-
ment and a mass transit facility pursuant to subsection (g)
is transportation for an official purpose.’’.
(3) COORDINATION.—The authority to provide
transportation services under section 1344(g) of title
31, United States Code (as amended by paragraph
(1)) shall be in addition to any authority otherwise
available to the agency involved.
†
1007
HR 3 PP
SEC. 6045. FUNDING FOR FERRY BOATS.
Section 5309(i)(5) of title 49, United States Code, as
amended by section 6011(j) of this Act, is amended to read
as follows:
‘‘(5) FUNDING
FOR
FERRY
BOATS.—Of the
amounts described in paragraphs (1)(A) and (2)(A)—
‘‘(A) $10,400,000 shall be available in fiscal
year 2005 for capital projects in Alaska and Ha-
waii for new fixed guideway systems and exten-
sion projects utilizing ferry boats, ferry boat ter-
minals, or approaches to ferry boat terminals;
‘‘(B) $15,000,000 shall be available in each
of fiscal years 2006 through 2009 for capital
projects in Alaska and Hawaii for new fixed
guideway systems and extension projects uti-
lizing ferry boats, ferry boat terminals, or ap-
proaches to ferry boat terminals; and
‘‘(C) $5,000,000 shall be available in each of
fiscal years 2006 through 2009 for payments to
the Denali Commission under the terms of sec-
tion 307(e) of the Denali Commission Act of
1998, as amended (42 U.S.C. 3121 note), for
docks, waterfront development projects, and re-
lated transportation infrastructure.’’.
†
1008
HR 3 PP
SEC. 6046. COMMUTER RAIL.
(a) IN GENERAL.—The Federal Transit Administra-
tion shall approve final design for the project authorized
under section 3030(c)(1)(A)(xliv) of the Federal Transit Act
of 1998 and section 1214(g) of the Transportation Equity
Act for the 21st Century (16 U.S.C. 668dd note) in the ab-
sence of an access agreement with the owner of the railroad
right of way.
(b) TIMELY RESOLUTION OF ISSUES.—The Secretary
shall timely resolve any issues delaying the completion of
the project authorized under section 1214(g) of the Trans-
portation Equity Act for the 21st Century (16 U.S.C. 668dd
note) and section 3030(c)(1)(A)(xliv) of the Federal Transit
Act of 1998.
TITLE VII—SURFACE TRANSPOR-
TATION 
SAFETY 
IMPROVE-
MENT
SEC. 7001. SHORT TITLE.
This title may be cited as the ‘‘Surface Transportation
Safety Improvement Act of 2005’’.
SEC. 7002. AMENDMENT OF UNITED STATES CODE.
(a) AMENDMENT OF TITLE 49.—Except as otherwise
specifically provided, whenever in this title (other than in
chapter 1 of subtitle B) an amendment is expressed in terms
of an amendment to a section or other provision of law,
†
1009
HR 3 PP
the reference shall be considered to be made to a section or
other provision of title 49, United States Code.
(b) AMENDMENT OF TITLE 23.—Except as otherwise
expressly provided, whenever in chapter 1 of subtitle B of
this title an amendment or repeal is expressed in terms of
an amendment to, or a repeal of, a section or other provi-
sion, the reference shall be considered to be made to a section
or other provision of title 23, United States Code.
Subtitle A—Motor Carrier Safety
CHAPTER 1—MOTOR CARRIERS
SEC. 7101. SHORT TITLE.
This chapter may be cited as the ‘‘Motor Carrier Safe-
ty Reauthorization Act of 2005’’.
SEC. 7102. CONTRACT AUTHORITY.
Authorizations from the Highway Trust Fund (other
than the Mass Transit Account) to carry out this chapter
shall be available for obligation on the date of their appor-
tionment or allocation or on October 1 of the fiscal year
for which they are authorized, whichever occurs first. Ap-
proval by the Secretary of a grant with funds made avail-
able under this chapter imposes upon the United States
Government a contractual obligation for payment of the
Government’s share of costs incurred in carrying out the
objectives of the grant.