633
Projects 
FY 06
FY 07
FY 08
367. Palm Beach, FL 20 New 
Buses for Palm Tran ............
$480,000 
$495,000 
$525,000
368. Nassau County, NY Con-
duct planning and engineer-
ing for transportation system 
(HUB) ....................................
$2,240,000 
$2,310,000 
$2,450,000
369. Norwalk, Connecticut—
Pulse Point Joint Develop-
ment intermodal facility ......
$160,000 
$165,000 
$175,000
370. Salem, MA Design and 
Construct Salem Intermodal 
Transportation Center ..........
$640,000 
$660,000 
$700,000
371. Las Vegas, NV Construct 
Las Vegas WestCare Inter-
modal Facility .......................
$80,000 
$82,500 
$87,500
372. Richmond, KY Purchase 
buses, bus equipment, and 
facilities .................................
$230,400 
$237,600 
$252,000
373. Niagara Frontier Trans-
portation Authority, NY Re-
placement Buses ....................
$320,000 
$330,000 
$350,000
374. Metro-Atlanta, GA 
MARTA Automated Smart-
Card Fare Collection system 
$320,000 
$330,000 
$350,000
375. Monterey, CA Purchase 
bus equipment .......................
$320,000 
$330,000 
$350,000
376. New York City, NY Pur-
chase Handicapped-Acces-
sible Livery Vehicles ..............
$320,000 
$330,000 
$350,000
377. San Francisco, CA Con-
struct San Francisco Muni 
Islais Creek Maintenance 
Facility ..................................
$1,920,000 
$1,980,000 
$2,100,000
378. Indianapolis, IN Relocate 
and improve intermodal 
transportation for pedestrian 
and freight access to Chil-
dren’s Museum of Indianap-
olis ..........................................
$4,480,000 
$4,620,000 
$4,900,000
379. Ramapo, NY Transpor-
tation Safety Field Com-
mand Center (TSFCC) .........
$80,000 
$82,500 
$87,500
380. Expand Diesel Emission 
Reduction Program of Gate-
way Cities COG ....................
$992,000 
$1,023,000 
$1,085,000
381. San Francisco, CA Rede-
sign and renovate intermodal 
facility at Glen Park Com-
munity ...................................
$1,056,000 
$1,089,000 
$1,155,000
382. San Luis Rey, Cali-
fornia—Transit Center 
Project ....................................
$160,000 
$165,000 
$175,000
634
Projects 
FY 06
FY 07
FY 08
383. South San Francisco,CA 
Construction of Ferry Ter-
minal at Oyster Point in 
South San Francisco to the 
San Francisco Bay Area 
Water Transit Authority ......
$1,600,000 
$1,650,000 
$1,750,000
384. Atlanta, GA MARTA 
Clean Fuel Bus Acquisition
$1,920,000 
$1,980,000 
$2,100,000
385. Construct a 400 space 
parking structure at the 
northwest corner of Main 
and Cherry Streets ................
$320,000 
$330,000 
$350,000
386. Suffolk County, NY De-
sign and construction of 
intermodal transit facility in 
Wyandanch ............................
$1,280,000 
$1,320,000 
$1,400,000
387. Fresno, CA—Develop pro-
gram of low-emission transit 
vehicles ...................................
$320,000 
$330,000 
$350,000
388. Sylmar, CA Los Angeles 
Mission College Transit Cen-
ter construction .....................
$80,000 
$82,500 
$87,500
389. Lakewood, NJ—Ocean 
County Bus service and 
parking facilities ...................
$800,000 
$825,000 
$875,000
390. St. Lucie County, FL 
Purchase Buses ......................
$320,000 
$330,000 
$350,000
391. Hampton Roads, VA 
Final design and construc-
tion for a Hampton Roads 
Transit Southside Bus Facil-
ity ...........................................
$640,000 
$660,000 
$700,000
392. Oakland, CA Construct 
Bay Trail between Coliseum 
BART station and Martin 
Luther King, Jr. Regional 
Shoreline ................................
$288,000 
$297,000 
$315,000
393. South Amboy, NJ Con-
struction of improvements to 
facilities at South Amboy 
Station under S Amboy, NJ 
Regional Intermodal Initia-
tive ..........................................
$2,560,000 
$2,640,000 
$2,800,000
394. Hartford, CT Buses and 
bus-related facilities ..............
$1,280,000 
$1,320,000 
$1,400,000
395. Ilwaco, WA Construct 
park and ride ........................
$32,000 
$33,000 
$35,000
396. Burbank, CA Construction 
of Empire Area Transit Cen-
ter near Burbank Airport ....
$80,000 
$82,500 
$87,500
397. Pottsville, PA Union 
Street Trade and Transfer 
Center Intermodal Facility ..
$640,000 
$660,000 
$700,000
635
Projects 
FY 06
FY 07
FY 08
398. Amador County, Cali-
fornia—Regional Transit 
Center .....................................
$320,000 
$330,000 
$350,000
399. Pasadena, CA ITS Im-
provements .............................
$320,000 
$330,000 
$350,000
400. South FL Region, FL Re-
gional Universal Automated 
Fare Collection System 
(UAFC) (for bus system) ......
$640,000 
$660,000 
$700,000
401. South Pasadena, CA Si-
lent Night Grade Crossing 
Project ....................................
$288,000 
$297,000 
$315,000
402. Tampa, FL Establish 
Transit Emphasis Corridor 
and Improvements ................
$240,000 
$247,500 
$262,500
403. San Francisco, CA Imple-
ment Transbay Terminal-
Caltrain Downtown Exten-
sion Project ............................
$4,480,000 
$4,620,000 
$4,900,000
404. Rock Island, IL Improve 
Rock Island Mass Transit 
District Bus Facility ............
$160,000 
$165,000 
$175,000
405. Las Vegas, NV Construct 
Boulder Highway BRT sys-
tem and purchase vehicles 
and related equipment ..........
$640,000 
$660,000 
$700,000
406. Moultrie, GA Intermodal 
facility ....................................
$96,000 
$99,000 
$105,000
407. Carson, CA Purchase one 
trolley-bus vehicle ..................
$80,000 
$82,500 
$87,500
408. Brooklyn, NY SUNY 
Downstate Medical Center ....
$320,000 
$330,000 
$350,000
409. Alexandria, VA Eisen-
hower Avenue Intermodal 
Station Improvements, in-
cluding purchase of buses 
and construction of bus shel-
ters ..........................................
$800,000 
$825,000 
$875,000
410. Long Beach, CA Purchase 
ten clean fuel busses ..............
$960,000 
$990,000 
$1,050,000
411. Cleveland, OH Construc-
tion of an intermodal facil-
ity and related improve-
ments at University Hos-
pitals facility on Euclid Ave-
nue ..........................................
$320,000 
$330,000 
$350,000
412. Nashville, TN Construct 
Downtown Nashville Transit 
Transfer Facility ...................
$480,000 
$495,000 
$525,000
636
Projects 
FY 06
FY 07
FY 08
413. Philadelphia, PA Penn’s 
Landing water shuttle park-
ing lot expansion and water 
shuttle ramp infrastructure 
construction ...........................
$352,000 
$363,000 
$385,000
414. Hercules, CA Intermodal 
Rail Station Improvements ..
$480,000 
$495,000 
$525,000
SEC. 3039. NATIONAL FUEL CELL BUS TECHNOLOGY DEVEL-
OPMENT PROGRAM. 
(a) ESTABLISHMENT.—The Secretary shall establish a 
national fuel cell bus technology development program (in 
this section referred to as the ‘‘program’’) to facilitate the 
development of commercially viable fuel cell bus technology 
and related infrastructure. 
(b) GENERAL AUTHORITY.—The Secretary may enter 
into grants, contracts, and cooperative agreements with no 
more than 3 geographically diverse nonprofit organizations 
and recipients under chapter 53 of title 49, United States 
Code, to conduct fuel cell bus technology and infrastructure 
projects under the program. 
(c) GRANT CRITERIA.—In selecting applicants for 
grants under the program, the Secretary shall consider the 
applicant’s—
(1) ability to contribute significantly to fur-
thering fuel cell technology as it relates to transit bus 
operations, including hydrogen production, energy
637
storage, fuel cell technologies, vehicle systems integra-
tion, and power electronics technologies; 
(2) financing plan and cost share potential; 
(3) fuel cell technology to ensure that the pro-
gram advances different fuel cell technologies, includ-
ing hydrogen-fueled and methanol-powered liquid-
fueled fuel cell technologies, that may be viable for 
public transportation systems; and 
(4) other criteria that the Secretary determines 
are necessary to carry out the program. 
(d) COMPETITIVE GRANT SELECTION.—The Secretary 
shall conduct a national solicitation for applications for 
grants under the program. Grant recipients shall be selected 
on a competitive basis. The Secretary shall give priority 
consideration to applicants that have successfully managed 
advanced transportation technology projects, including 
projects related to hydrogen and fuel cell public transpor-
tation operations for a period of not less than 10 years. 
(e) FEDERAL SHARE.—The Federal share of costs of 
the program shall be provided from funds made available 
to carry out this section. The Federal share of the cost of 
a project carried out under the program shall not exceed 
50 percent of such cost. 
(f) GRANT REQUIREMENTS.—A grant under this sec-
tion shall be subject to—
638
(1) all terms and conditions applicable to a 
grant made under section 5309 of title 49, United 
States Code; and 
(2) such other terms and conditions as are deter-
mined by the Secretary. 
SEC. 3040. HIGH-INTENSITY SMALL-URBANIZED AREA FOR-
MULA GRANT PROGRAM. 
(a) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) ELIGIBLE AREA.—The term ‘‘eligible area’’ 
means an urbanized area with a population of less 
than 200,000 that meets or exceeds in one or more 
performance categories the industry average for all 
urbanized areas with a population of at least 200,000 
but not more than 999,999, as determined by the Sec-
retary in accordance with subsection (c)(2). 
(2) PERFORMANCE CATEGORY.—The term ‘‘per-
formance category’’ means each of the following: 
(A) Passenger miles traveled per vehicle rev-
enue mile. 
(B) Passenger miles traveled per vehicle rev-
enue hour. 
(C) Vehicle revenue miles per capita. 
(D) Vehicle revenue hours per capita. 
(E) Passenger miles traveled per capita.
639
(F) Passengers per capita. 
(b) GENERAL AUTHORITY.—In order to address the 
needs of small urbanized areas with unusually high levels 
of public transportation service, the Secretary shall make 
capital and operating grants under this section to eligible 
recipients described in subsection (d) for use in eligible 
areas. 
(c) APPORTIONMENT.—
(1) APPORTIONMENT
FORMULA.—Funds made 
available for grants under this section in a fiscal year 
shall be apportioned among eligible areas in the ratio 
that—
(A) the number of performance categories 
for which each eligible area meets or exceeds the 
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
640
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 
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
641
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, 
$38,000,000 for fiscal year 2005, $41,000,000 for fiscal year 
2006, $44,000,000 for fiscal year 2007, $47,000,000 for fis-
cal 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
642
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)’’. 
SEC. 3041. 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.—
(A) IN GENERAL.—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—
643
(i) $7,000,000 for fiscal year 2005; 
(ii) $7,400,000 for fiscal year 2006; 
(iii) $7,800,000 for fiscal year 2007; 
(iv) $8,200,000 for fiscal year 2008; 
and 
(v) $8,700,000 for fiscal year 2009. 
(B) PUBLIC TRANSPORTATION NATIONAL SE-
CURITY STUDY.—
(i) IN
GENERAL.—Not later than 6 
months after the date of enactment of this 
Act, the Secretary shall enter into an agree-
ment with the National Academy of 
Sciences to conduct a study and evaluation 
of the value major public transportation 
systems in the United States serving the 38 
urbanized areas that have a population of 
more than 1,000,000 individuals provide to 
the Nation’s security and the ability of such 
systems to accommodate the evacuation, 
egress or ingress of people to or from critical 
locations in times of emergency. 
(ii) ALTERNATIVE ROUTES.—For each 
system described in clause (i) the study 
shall identify—
644
(I) potential alternative routes for 
evacuation using other transportation 
modes such as highway, air, marine, 
and pedestrian activities; and 
(II) transit routes that, if dis-
rupted, do not have sufficient transit 
alternatives available. 
(iii) REPORT.—Not later than 24 
months after the date of entry into the 
agreement, the Academy shall submit to the 
Secretary and the Committee on Transpor-
tation and Infrastructure of the House of 
Representatives and the Committee on 
Banking, Housing and Urban Affairs of the 
Senate a final report on the results of the 
study and evaluation, together with such 
recommendations as the Academy considers 
appropriate. 
(iv) FUNDING.—Of the amounts made 
available under section 5338(d) of title 49, 
United States Code, $250,000 shall be avail-
able for each of fiscal years 2005 and 2006 
to carry out this subparagraph. 
(2) EQUIPMENT
AND
INFRASTRUCTURE.—For 
carrying out equipment and infrastructure research
645
activities on public transportation and infrastructure 
technologies and methods and voluntary industry 
standards development—
(A) $5,700,000 for fiscal year 2005; 
(B) $6,200,000 for fiscal year 2006; 
(C) $6,550,000 for fiscal year 2007; 
(D) $6,900,000 for fiscal year 2008; and 
(E) $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) $4,700,000 for fiscal year 2005; 
(B) $4,900,000 for fiscal year 2006; 
(C) $5,200,000 for fiscal year 2007; 
(D) $5,500,000 for fiscal year 2008; and 
(E) $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—
646
(i) $3,700,000 for fiscal year 2005; 
(ii) $3,900,000 for fiscal year 2006; 
(iii) $4,150,000 for fiscal year 2007; 
(iv) $4,300,000 for fiscal year 2008; 
and 
(v) $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,
647
and other persons regarding transit-oriented 
development. 
(5) MOBILITY MANAGEMENT.—
(A) IN
GENERAL.—For carrying out re-
search activities on mobility management, as de-
scribed in section 5302(a)(1) of title 49, United 
States Code—
(i) $7,000,000 for fiscal year 2005; 
(ii) $7,400,000 for fiscal year 2006; 
(iii) $7,800,000 for fiscal year 2007; 
(iv) $8,200,000 for fiscal year 2008; 
and 
(v) $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-
648
nities and the development of training programs 
that promote the employment of low-income and 
minority community residents on Federal-aid 
transportation projects constructed in their com-
munities. 
(C) COGNITIVE IMPAIRMENT STUDY.—Of the 
funds allocated for fiscal year 2005 under sub-
paragraph (A), $1,000,000 shall be made avail-
able by the Secretary for research and dem-
onstration activities that focus on the capacity 
and resources of Oregon public transportation 
systems to address the needs, barriers, and de-
sires for travel of people with cognitive impair-
ments. 
(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) $2,400,000 for fiscal year 2005; 
(ii) $2,500,000 for fiscal year 2006; 
(iii) $2,600,000 for fiscal year 2007;
649
(iv) $2,700,000 for fiscal year 2008; 
and 
(v) $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 
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) $3,500,000 for fiscal year 2005; 
(B) $3,700,000 for fiscal year 2006; 
(C) $4,000,000 for fiscal year 2007; 
(D) $4,200,000 for fiscal year 2008; and 
(E) $4,300,000 for fiscal year 2009.
650
(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-
onstration and deployment projects authorized by sections 
5312, 5314, and 5322 of such title. 
SEC. 3042. RELATIONSHIP TO OTHER LAWS. 
Section 5323(l) is amended to read as follows: 
‘‘(l) RELATIONSHIP TO OTHER LAWS.—Section 1001 
of title 18 applies to a certificate, submission, or statement 
provided under this chapter. The Secretary may terminate 
financial assistance under this chapter and seek reimburse-
ment directly, or by offsetting amounts, available under this 
chapter, when a false or fraudulent statement or related act 
within the meaning of such section 1001 is made in connec-
tion with a Federal transit program.’’. 
SEC. 3043. COOPERATIVE PROCUREMENT. 
(a) REVIEW OF COOPERATIVE PROCUREMENT; AU-
THORITY TO INCREASE FEDERAL SHARE.—
(1) IN GENERAL.—Not later than 6 months after 
the date of enactment of this Act, the Secretary shall 
undertake a 30-day review of efforts to use cooperative
651
procurement to determine whether benefits are suffi-
cient to formally incorporate cooperative procurement 
into the mass transit program. In particular the Sec-
retary shall review the progress made under the pilot 
program authorized under section 166 of division F 
of the Consolidated Appropriations Act, 2004 (49 
U.S.C. 5397 note; 118 Stat. 309), based on experience 
to date in the pilot program and any available re-
ports to Congress submitted under such section 166. 
The Secretary shall also consider information gath-
ered from grantees about cooperative procurement, 
whether or not related to the pilot program. 
(2) NOTIFICATION OF CONGRESS.—The Secretary 
shall notify the Committee on Transportation and In-
frastructure of the House of Representatives and the 
Committee on Banking, Housing, and Urban Affairs 
of the Senate of the results of the review required 
under paragraph (1), including a finding of sufficient 
benefit or insufficient benefit and the reasons for that 
finding. 
SEC. 3044. 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
652
section 5338 of title 49, United States Code, shall not ex-
ceed—
(1) $7,266,000,000 for fiscal year 2004; 
(2) $7,646,300,000 for fiscal year 2005; 
(3) $8,482,000,000 for fiscal year 2006; 
(4) $9,042,000,000 for fiscal year 2007; 
(5) $9,639,000,000 for fiscal year 2008; and 
(6) $10,277,000,000 for fiscal year 2009. 
SEC. 3045. ADJUSTMENTS FOR THE SURFACE TRANSPOR-
TATION EXTENSION ACT OF 2004, PART V. 
(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 2005 shall be reduced by the amount appor-
tioned to such designated recipient pursuant to section 8 
of the Surface Transportation Extension Act of 2004, Part 
V. 
(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 2005 to reflect the method for ap-
portioning funds in section 5337(a) of title 49, United 
States Code.
653
SEC. 3046. SPECIAL RULE FOR FISCAL YEAR 2004. 
In any case in which an amount is authorized to be 
appropriated, made available, allocated, set aside, taken 
down, or subject to an obligation limitation for fiscal year 
2004 for a program, project, or activity in any provision 
of this title, including an amendment made by this title, 
that is different than the amount authorized to be appro-
priated, made available, allocated, set aside, taken down, 
or subject to an obligation limitation for fiscal year 2004 
for such program, project, or activity in any provision of 
the Surface Transportation Extension Act of 2004, Part IV 
(Public Law 108–280), including any amendment made by 
such Act, the amount referred to in such Act shall be the 
amount authorized to be appropriated, made available, al-
located, set aside, taken down, or subject to an obligation 
limitation. 
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.—
654
‘‘(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) $173,450,000 for fiscal year 2004; 
‘‘(B) $254,849,000 for fiscal year 2005; 
‘‘(C) $215,000,000 for fiscal year 2006; 
‘‘(D) $230,000,000 for fiscal year 2007; 
‘‘(E) $234,000,000 for fiscal year 2008; and 
‘‘(F) $240,000,000 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.
655
‘‘(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 
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,
656
United States Code $26,000,000 for each of fiscal 
years 2006 through 2009. 
(2) For border enforcement grants under section 
31107 of such title—
(A) $32,000,000 for fiscal year 2006; 
(B) $32,000,000 for fiscal year 2007; 
(C) $32,000,000 for fiscal year 2008; and 
(D) $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) $5,000,000 for fiscal year 2006; 
(B) $5,000,000 for fiscal year 2007; 
(C) $6,000,000 for fiscal year 2008; and 
(D) $6,000,000 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, $25,000,000 for each of fiscal years 2006 
through 2009. 
(c) PERIOD OF AVAILABILITY.—The amounts made 
available under subsection (b) of this section shall remain 
available until expended.
657
(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-
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
658
the Secretary and that the State will participate in 
a national motor carrier safety data correction sys-
tem prescribed by the Secretary;’’; 
(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 prohibiting 
the operation of 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
659
commercial motor vehicle safety inspection programs 
in high-risk locations and corridors.’’. 
(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
660
102 of the Comprehensive Drug Abuse Prevention 
and Control Act of 1970 (21 U.S.C. 802)) in a 
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
661
that describes the effect of activities carried out with funds 
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) $188,852,000 for fiscal year 2004; 
‘‘(2) $188,480,000 for fiscal year 2005; 
‘‘(3) $188,000,000 for fiscal year 2006; 
‘‘(4) $197,000,000 for fiscal year 2007; 
‘‘(5) $202,000,000 for fiscal year 2008; and 
‘‘(6) $209,000,000 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’’;
662
(3) in paragraph (2)—
(A) by striking ‘‘and border activities.—’’ 
and all that follows through ‘‘5 percent’’ and in-
serting ‘‘activities.—The Secretary may des-
ignate 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 the heading for subchapter I and 
inserting the following: 
‘‘SUBCHAPTER I—GENERAL AUTHORITY AND 
STATE GRANTS’’; and 
(2) by striking section 31107 and inserting the 
following:
663
‘‘§ 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-