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special demonstration initiatives, subject to terms 
that the Secretary determines to be consistent with 
this chapter. For a nonrenewable grant of not more 
than $100,000, the Secretary shall provide expedited 
procedures for complying with the requirements of 
this chapter.’’; 
(D) in paragraph (4)— 
(i) by striking subparagraph (B); and 
(ii) by redesignating subparagraph (C) 
as subparagraph (B); and 
(E) by adding at the end the following: 
‘‘(6) MEDICAL
TRANSPORTATION
DEMONSTRA-
TION GRANTS.— 
‘‘(A) GRANTS AUTHORIZED.—The Secretary 
may award demonstration grants, from funds 
made available under paragraph (1), to eligible 
entities to provide transportation services to in-
dividuals to access dialysis treatments and other 
medical treatments for renal disease. 
‘‘(B) ELIGIBLE ENTITIES.—An entity shall 
be eligible to receive a grant under this para-
graph if the entity— 
‘‘(i) meets the conditions described in 
section 501(c)(3) of the Internal Revenue 
Code of 1986; or
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‘‘(ii) is an agency of a State or unit 
of local government. 
‘‘(C) USE OF FUNDS.—Grant funds received 
under this paragraph may be used to provide 
transportation services to individuals to access 
dialysis treatments and other medical treatments 
for renal disease. 
‘‘(D) APPLICATION.— 
‘‘(i) IN GENERAL.—Each eligible entity 
desiring a grant under this paragraph shall 
submit an application to the Secretary at 
such time, at such place, and containing 
such information as the Secretary may rea-
sonably require. 
‘‘(ii) SELECTION
OF
GRANTEES.—In 
awarding grants under this paragraph, the 
Secretary shall give preference to eligible en-
tities from communities with— 
‘‘(I) high incidence of renal dis-
ease; and 
‘‘(II) limited access to dialysis fa-
cilities. 
‘‘(E) RULEMAKING.—The Secretary shall 
issue regulations to implement and administer
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the grant program established under this para-
graph. 
‘‘(F) REPORT.—The Secretary shall submit 
a report on the results of the demonstration 
projects funded under this paragraph to the 
Committee on Banking, Housing, and Urban Af-
fairs of the Senate and the Committee on Trans-
portation and Infrastructure of the House of 
Representatives.’’; and 
(2) by amending subsection (b) to read as fol-
lows: 
‘‘(b) FEDERAL SHARE.—If there would be a clear and 
direct financial benefit to an entity under a grant, contract, 
cooperative agreement, or other transaction financed under 
subsection (a) or section 5312, 5313, 5315, or 5322, the Sec-
retary shall establish a Federal share consistent with such 
benefit.’’. 
(c) NATIONAL TECHNICAL ASSISTANCE CENTER FOR 
SENIOR TRANSPORTATION; ALTERNATIVE FUELS STUDY.— 
Section 5314 is amended by adding at the end the following: 
‘‘(c) NATIONAL TECHNICAL ASSISTANCE CENTER FOR 
SENIOR TRANSPORTATION.— 
‘‘(1) 
ESTABLISHMENT.—The 
Secretary 
shall 
award grants to a national not-for-profit organiza-
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tion for the establishment and maintenance of a na-
tional technical assistance center. 
‘‘(2) ELIGIBILITY.—An organization shall be eli-
gible to receive the grant under paragraph (1) if the 
organization— 
‘‘(A) focuses significantly on serving the 
needs of the elderly; 
‘‘(B) has demonstrated knowledge and ex-
pertise in senior transportation policy and plan-
ning issues; 
‘‘(C) has affiliates in a majority of the 
States; 
‘‘(D) has the capacity to convene local 
groups to consult on operation and development 
of senior transportation programs; and 
‘‘(E) has established close working relation-
ships with the Federal Transit Administration 
and the Administration on Aging. 
‘‘(3) USE OF FUNDS.—The national technical as-
sistance center established under this section shall— 
‘‘(A) gather best practices from throughout 
the country and provide such practices to local 
communities that are implementing senior trans-
portation programs;
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‘‘(B) work with teams from local commu-
nities to identify how they are successfully meet-
ing the transportation needs of senior and any 
gaps in services in order to create a plan for an 
integrated senior transportation program; 
‘‘(C) provide resources on ways to pay for 
senior transportation services; 
‘‘(D) create a web site to publicize and cir-
culate information on senior transportation pro-
grams; 
‘‘(E) establish a clearinghouse for print, 
video, and audio resources on senior mobility; 
and 
‘‘(F) administer the demonstration grant 
program established under paragraph (4). 
‘‘(4) GRANTS AUTHORIZED.— 
‘‘(A) IN GENERAL.—The national technical 
assistance center established under this section, 
in consultation with the Federal Transit Admin-
istration, shall award senior transportation dem-
onstration grants to— 
‘‘(i) local transportation organizations; 
‘‘(ii) State agencies; 
‘‘(iii) units of local government; and 
‘‘(iv) nonprofit organizations.
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‘‘(B) USE OF FUNDS.—Grant funds received 
under this paragraph may be used to— 
‘‘(i) evaluate the state of transpor-
tation services for senior citizens; 
‘‘(ii) recognize barriers to mobility that 
senior citizens encounter in their commu-
nities; 
‘‘(iii) establish partnerships and pro-
mote coordination among community stake-
holders, including public, not-for-profit, and 
for-profit providers of transportation serv-
ices for senior citizens; 
‘‘(iv) identify future transportation 
needs of senior citizens within local commu-
nities; and 
‘‘(v) establish strategies to meet the 
unique needs of healthy and frail senior 
citizens. 
‘‘(C) SELECTION OF GRANTEES.—The Sec-
retary shall select grantees under this subsection 
based on a fair representation of various geo-
graphical locations throughout the United States. 
‘‘(5) ALLOCATIONS.—From the funds made 
available for each fiscal year under subsections 
(a)(5)(C)(iv) and (b)(2)(G)(iv) of section 5338,
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$3,000,000 shall be allocated to carry out this sub-
section. 
‘‘(d) ALTERNATIVE FUELS STUDY.— 
‘‘(1) STUDY.—The Secretary shall conduct a 
study of the actions necessary to facilitate the pur-
chase of increased volumes of alternative fuels (as de-
fined in section 301 of the Energy Policy Act of 1992 
(42 U.S.C. 13211)) for use in public transit vehicles 
‘‘(2) SCOPE
OF
STUDY.—The study conducted 
under this subsection shall focus on the incentives nec-
essary to increase the use of alternative fuels in public 
transit vehicles, including buses, fixed guideway vehi-
cles, and ferries. 
‘‘(3) CONTENTS.—The study shall consider— 
‘‘(A) the environmental benefits of increased 
use of alternative fuels in transit vehicles; 
‘‘(B) existing opportunities available to 
transit system operators that encourage the pur-
chase of alternative fuels for transit vehicle oper-
ation; 
‘‘(C) existing barriers to transit system op-
erators that discourage the purchase of alter-
native fuels for transit vehicle operation, includ-
ing situations where alternative fuels that do not 
require capital improvements to transit vehicles
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are disadvantaged over fuels that do require such 
improvements; and 
‘‘(D) the necessary levels and type of sup-
port necessary to encourage additional use of al-
ternative fuels for transit vehicle operation. 
‘‘(4) RECOMMENDATIONS.—The study shall rec-
ommend regulatory and legislative alternatives that 
will result in the increased use of alternative fuels in 
transit vehicles. 
‘‘(5) REPORT.—Not later than 1 year after the 
date of enactment of the Federal Public Transpor-
tation Act of 2004, the Secretary shall submit the 
study completed under this subsection to the Com-
mittee on Banking, Housing, and Urban Affairs of 
the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives’’. 
(c) CONFORMING AMENDMENTS.— 
(1) SECTION HEADING.—The heading for section 
5314 is amended to read as follows: 
‘‘§ 5314. National research programs’’. 
(2) TABLE OF SECTIONS.—The item relating to 
section 5314 in the table of sections for chapter 53 is 
amended to read as follows: 
‘‘5314. National research programs.’’. 
SEC. 3017. NATIONAL TRANSIT INSTITUTE. 
(a) Section 5315 is amended—
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(1) by striking subsections (a) and (b) and in-
serting the following: 
‘‘(a) ESTABLISHMENT.—The Secretary shall award a 
grant to Rutgers University to conduct a national transit 
institute. 
‘‘(b) DUTIES.— 
‘‘(1) IN GENERAL.—In cooperation with the Fed-
eral Transit Administration, State transportation de-
partments, public transportation authorities, and na-
tional and international entities, the institute estab-
lished pursuant to subsection (a) shall develop and 
conduct training programs for Federal, State, and 
local transportation employees, United States citizens, 
and foreign nationals engaged or to be engaged in 
Government-aid public transportation work. 
‘‘(2) TRAINING PROGRAMS.—The training pro-
grams developed under paragraph (1) may include 
courses in recent developments, techniques, and proce-
dures related to— 
‘‘(A) intermodal and public transportation 
planning; 
‘‘(B) management; 
‘‘(C) environmental factors; 
‘‘(D) acquisition and joint use rights of 
way;
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‘‘(E) engineering and architectural design; 
‘‘(F) procurement strategies for public 
transportation systems; 
‘‘(G) turnkey approaches to delivering pub-
lic transportation systems; 
‘‘(H) new technologies; 
‘‘(I) emission reduction technologies; 
‘‘(J) ways to make public transportation 
accessible to individuals with disabilities; 
‘‘(K) construction, construction manage-
ment, insurance, and risk management; 
‘‘(L) maintenance; 
‘‘(M) contract administration; 
‘‘(N) inspection; 
‘‘(O) innovative finance; 
‘‘(P) workplace safety; and 
‘‘(Q) public transportation security.’’; and 
(2) in subsection (d), by striking ‘‘mass’’ each 
place it appears. 
SEC. 3018. BUS TESTING FACILITY. 
Section 5318 is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘ESTABLISHMENT.—The 
Secretary of Transportation shall establish one
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facility’’ and inserting ‘‘IN GENERAL.—The Sec-
retary shall maintain 1 facility’’; and 
(B) by striking ‘‘established by renovating’’ 
and inserting ‘‘maintained at’’; and 
(2) in subsection (d), by striking ‘‘section 
5309(m)(1)(C) of this title’’ and inserting ‘‘para-
graphs (1)(C) and (2)(B) of section 5309(i)’’. 
SEC. 3019. BICYCLE FACILITIES. 
Section 5319 is amended by striking ‘‘5307(k)’’ and 
inserting ‘‘5307(d)(1)(K)’’. 
SEC. 3020. SUSPENDED LIGHT RAIL TECHNOLOGY PILOT 
PROJECT. 
Section 5320 is repealed. 
SEC. 3021. CRIME PREVENTION AND SECURITY. 
Section 5321 is repealed. 
SEC. 3022. GENERAL PROVISIONS ON ASSISTANCE. 
Section 5323 is amended— 
(1) in subsection (a)— 
(A) by amending paragraph (1) to read as 
follows: 
‘‘(1) IN
GENERAL.—Financial assistance pro-
vided under this chapter to a State or a local govern-
mental authority may be used to acquire an interest 
in, or to buy property of, a private company engaged 
in public transportation, for a capital project for
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property acquired from a private company engaged 
in public transportation after July 9, 1964, or to op-
erate a public transportation facility or equipment in 
competition with, or in addition to, transportation 
service provided by an existing public transportation 
company, only if— 
‘‘(A) the Secretary determines that such fi-
nancial assistance is essential to a program of 
projects required under sections 5303, 5304, and 
5306; 
‘‘(B) the Secretary determines that the pro-
gram provides for the participation of private 
companies engaged in public transportation to 
the maximum extent feasible; and 
‘‘(C) just compensation under State or local 
law will be paid to the company for its franchise 
or property.’’; and 
(B) in paragraph (2), by striking ‘‘(2)’’ and 
inserting the following: 
‘‘(2) LIMITATION.—’’; 
(2) by amending subsection (b) to read as fol-
lows: 
‘‘(b) NOTICE AND PUBLIC HEARING.— 
‘‘(1) IN GENERAL.—An application for a grant 
under this chapter for a capital project that will sub-
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stantially affect a community, or the public transpor-
tation service of a community, shall include, in the 
environmental record for the project, evidence that the 
applicant has— 
‘‘(A) provided an adequate opportunity for 
public review and comment on the project; 
‘‘(B) held a public hearing on the project if 
the project affects significant economic, social, or 
environmental interests; 
‘‘(C) considered the economic, social, and 
environmental effects of the project; and 
‘‘(D) found that the project is consistent 
with official plans for developing the urban area. 
‘‘(2) CONTENTS OF NOTICE.—Notice of a hearing 
under this subsection— 
‘‘(A) shall include a concise description of 
the proposed project; and 
‘‘(B) shall be published in a newspaper of 
general circulation in the geographic area the 
project will serve.’’; 
(3) by amending subsection (c) to read as fol-
lows: 
‘‘(c) NEW TECHNOLOGY.—A grant for financial assist-
ance under this chapter for new technology, including inno-
vative or improved products, techniques, or methods, shall
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be subject to the requirements of section 5309 to the extent 
the Secretary determines to be appropriate.’’; 
(4) by amending subsection (d) to read as fol-
lows: 
‘‘(d) CONDITIONS ON BUS TRANSPORTATION SERV-
ICE.—Financial assistance under this chapter may be used 
to buy or operate a bus only if the recipient agrees to com-
ply with the following conditions on bus transportation 
service: 
‘‘(1) CHARTER BUS SERVICE.— 
‘‘(A) IN
GENERAL.—Except as provided 
under subparagraph (B), a recipient may pro-
vide incidental charter bus service only within 
its lawful service area if— 
‘‘(i) the recipient annually publishes, 
by electronic and other appropriate means, 
a notice— 
‘‘(I) indicating its intent to offer 
incidental charter bus service within 
its lawful service area; and 
‘‘(II) soliciting notices from pri-
vate bus operators that wish to appear 
on a list of carriers offering charter 
bus service in that service area;
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‘‘(ii) the recipient provides private bus 
operators with an annual opportunity to 
notify the recipient of its desire to appear 
on a list of carriers offering charter bus 
service in such service area; 
‘‘(iii) upon receiving a request for 
charter bus service, the recipient electroni-
cally notifies the private bus operators listed 
as offering charter service in that service 
area with the name and contact informa-
tion of the requestor and the nature of the 
charter service request; and 
‘‘(iv) the recipient does not offer to 
provide charter bus service unless no private 
bus operator indicates that it is willing and 
able to provide the service within a 72-hour 
period after the receipt of such notice. 
‘‘(B) EXCEPTION.—A recipient that oper-
ates 2,000 or fewer vehicles in fixed-route peak 
hour service may provide incidental charter bus 
transportation directly to — 
‘‘(i) local governments; and 
‘‘(ii) social service entities with limited 
resources.
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‘‘(C) IRREGULARLY SCHEDULED EVENTS.— 
Service, other than commuter service, by a re-
cipient to irregularly scheduled events, where the 
service is conducted in whole or in part outside 
the service area of the recipient, regardless of 
whether the service is contracted for individually 
with passengers, is subject to a rebuttable pre-
sumption that such service is charter service. 
‘‘(2) VIOLATION OF AGREEMENTS.— 
‘‘(A) COMPLAINTS.—A complaint regarding 
the violation of a charter bus service agreement 
shall be submitted to the Regional Administrator 
of the Federal Transit Administration, who 
shall— 
‘‘(i) provide a reasonable opportunity 
for the recipient to respond to the com-
plaint; 
‘‘(ii) provide the recipient with an op-
portunity for an informal hearing; and 
‘‘(iii) issue a written decision not later 
than 60 days after the parties have com-
pleted their submissions. 
‘‘(B) APPEALS.— 
‘‘(i) IN GENERAL.—A decision by the 
Regional Administrator may be appealed to
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a panel comprised of the Federal Transit 
Administrator, personnel in the Office of the 
Secretary of Transportation, and other per-
sons with expertise in surface passenger 
transportation issues. 
‘‘(ii) STANDARD
OF
REVIEW.—The 
panel described in clause (i) shall consider 
the complaint de novo on all issues of fact 
and law. 
‘‘(iii) WRITTEN
DECISION.—The ap-
peals panel shall issue a written decision on 
an appeal not later than 60 days after the 
completion of submissions. This decision 
shall be the final order of the agency and 
subject to judicial review in district court. 
‘‘(C) CORRECTION.—If the Secretary deter-
mines that a violation of an agreement relating 
to the provision of charter service has occurred, 
the Secretary shall correct the violation under 
terms of the agreement. 
‘‘(D) REMEDIES.—The Secretary may issue 
orders to recipients to cease and desist in actions 
that violate the agreement, and such orders shall 
be binding upon the parties. In addition to any 
remedy spelled out in the agreement, if a recipi-
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ent has failed to correct a violation within 60 
days after the receipt of a notice of violation 
from the Secretary, the Secretary shall withhold 
from the recipient the lesser of— 
‘‘(i) 5 percent of the financial assist-
ance available to the recipient under this 
chapter for the next fiscal year; or 
‘‘(ii) $200,000. 
‘‘(3) REGULATIONS.—Not later than 1 year after 
the date of enactment of the Federal Public Transpor-
tation Act of 2004, the Secretary shall issue amended 
regulations that— 
‘‘(A) implement this subsection, as revised 
by such Act; and 
‘‘(B) impose restrictions, procedures, and 
remedies in connection with sightseeing service 
by a recipient. 
‘‘(4) PUBLIC NOTICE.—The Secretary shall make 
all written decisions, guidance, and other pertinent 
materials relating to the procedures in this subsection 
available to the public in electronic and other appro-
priate formats in a timely manner.’’; 
(5) by striking subsection (e); 
(6) by redesignating subsection (f) as subsection 
(e);
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(7) in subsection (e), as redesignated— 
(A) by striking ‘‘(1)’’ and inserting the fol-
lowing: 
‘‘(1) IN GENERAL.—’’; 
(B) by striking paragraph (2); 
(C) by striking ‘‘This subsection’’ and in-
serting the following: 
‘‘(2) EXCEPTIONS.—This subsection; and 
(D) by adding at the end the following: 
‘‘(3) PENALTY.—If the Secretary determines that 
an applicant, governmental authority, or publicly 
owned operator has violated the agreement required 
under paragraph (1), the Secretary shall bar the ap-
plicant, authority, or operator from receiving Federal 
transit assistance in an amount the Secretary deter-
mines to be appropriate.’’; 
(8) by inserting after subsection (e) the following: 
‘‘(f) BOND PROCEEDS ELIGIBLE FOR LOCAL SHARE.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, a recipient of assistance under sec-
tion 5307 or 5309, may use the proceeds from the 
issuance of revenue bonds as part of the local match-
ing funds for a capital project. 
‘‘(2) REIMBURSEMENT BY SECRETARY.—The Sec-
retary may reimburse an eligible recipient for depos-
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its of bond proceeds in a debt service reserve that the 
recipient 
established 
pursuant 
to 
section 
5302(a)(1)(K) from amounts made available to the re-
cipient under section 5307 or 5309.’’; 
(9) in subsection (g)— 
(A) by striking ‘‘(f)’’ each place it appears 
and inserting ‘‘(e)’’; and 
(B) by striking ‘‘103(e)(4) and 142 (a) or 
(c)’’ each place it appears and inserting ‘‘133 
and 142’’; 
(10) by amending subsection (h) to read as fol-
lows: 
‘‘(h) TRANSFER OF LANDS OR INTERESTS IN LANDS 
OWNED BY THE UNITED STATES.— 
(1) REQUEST BY SECRETARY.—If the Secretary 
determines that any part of the lands or interests in 
lands owned by the United States and made available 
as a result of a military base closure is necessary for 
transit purposes eligible under this chapter, including 
corridor preservation, the Secretary shall submit a re-
quest to the head of the Federal agency supervising 
the administration of such lands or interests in lands. 
Such request shall include a map showing the portion 
of such lands or interests in lands, which is desired 
to be transferred for public transportation purposes.
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‘‘(2) TRANSFER
OF
LAND.—If 4 months after 
submitting a request under paragraph (1), the Sec-
retary does not receive a response from the Federal 
agency described in paragraph (1) that certifies that 
the proposed appropriation of land is contrary to the 
public interest or inconsistent with the purposes for 
which such land has been reserved, or if the head of 
such agency agrees to the utilization or transfer under 
conditions necessary for the adequate protection and 
utilization of the reserve, such land or interests in 
land may be utilized or transferred to a State, local 
governmental authority, or public transportation op-
erator for such purposes and subject to the conditions 
specified by such agency. 
‘‘(3) REVERSION.—If at any time the lands or 
interests in land utilized or transferred under para-
graph (2) are no longer needed for public transpor-
tation purposes, the State, local governmental author-
ity, or public transportation operator that received 
the land shall notify to the Secretary, and such lands 
shall immediately revert to the control of the head of 
the Federal agency from which the land was origi-
nally transferred.’’; 
(11) in subsection (j)(5), by striking ‘‘Intermodal 
Surface Transportation Efficiency Act of 1991 (Pub-
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HR 3550 EAS 
lic Law 102–240, 105 Stat. 1914)’’ and inserting 
‘‘Federal Public Transportation Act of 2004’’; 
(12) by amending subsection (l) to read as fol-
lows: 
‘‘(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, if the Secretary determines that a recipient of such 
financial assistance has made a false or fraudulent state-
ment or related act in connection with a Federal transit 
program.’’; 
(13) in subsection (m), by inserting at the end 
the following: ‘‘Requirements to perform preaward 
and postdelivery reviews of rolling stock purchases to 
ensure compliance with subsection (j) shall not apply 
to private nonprofit organizations or to grantees serv-
ing urbanized areas with a population of fewer than 
1,000,000.’’; 
(14) in subsection (o), by striking ‘‘the Transpor-
tation Infrastructure Finance and Innovation Act of 
1998’’ and inserting ‘‘sections 181 through 188 of title 
23’’; and 
(15) by adding at the end the following:
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‘‘(p) PROHIBITED USE OF FUNDS.—Grant funds re-
ceived under this chapter may not be used to pay ordinary 
governmental or nonproject operating expenses.’’. 
SEC. 3023. SPECIAL PROVISIONS FOR CAPITAL PROJECTS. 
(a) IN GENERAL.—Section 5324 is amended to read 
as follows: 
‘‘§ 5324. Special provisions for capital projects 
‘‘(a) REAL PROPERTY AND RELOCATION SERVICES.— 
Whenever real property is acquired or furnished as a re-
quired contribution incident to a project, the Secretary shall 
not approve the application for financial assistance unless 
the applicant has made all payments and provided all as-
sistance and assurances that are required of a State agency 
under sections 210 and 305 of the Uniform Relocation As-
sistance and Real Property Acquisition Policies Act of 1970 
(42 U.S.C. 4630 and 4655). The Secretary must be advised 
of specific references to any State law that are believed to 
be an exception to section 301 or 302 of such Act (42 U.S.C. 
4651 and 4652). 
‘‘(b) ADVANCE REAL PROPERTY ACQUISITIONS.— 
(1) IN GENERAL.—The Secretary may partici-
pate in the acquisition of real property for any 
project that may use the property if the Secretary de-
termines that external market forces are jeopardizing
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the potential use of the property for the project and 
if— 
‘‘(A) there are offers on the open real estate 
market to convey that property for a use that is 
incompatible with the project under study; 
‘‘(B) there is an imminent threat of devel-
opment or redevelopment of the property for a 
use that is incompatible with the project under 
study; 
‘‘(C) recent appraisals reflect a rapid in-
crease in the fair market value of the property; 
‘‘(D) the property, because it is located near 
an existing transportation facility, is likely to be 
developed and to be needed for a future transpor-
tation improvement; or 
‘‘(E) the property owner can demonstrate 
that, for health, safety, or financial reasons, re-
taining ownership of the property poses an 
undue hardship on the owner in comparison to 
other affected property owners and requests the 
acquisition to alleviate that hardship. 
‘‘(2) ENVIRONMENTAL
REVIEWS.—Property ac-
quired in accordance with this subsection may not be 
developed in anticipation of the project until all re-
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quired environmental reviews for the project have 
been completed. 
‘‘(3) LIMITATION.—The Secretary shall limit the 
size and number of properties acquired under this 
subsection as necessary to avoid any prejudice to the 
Secretary’s objective evaluation of project alternatives. 
‘‘(4) EXEMPTION.—An acquisition under this 
section shall be considered an exempt project under 
section 176 of the Clean Air Act (42 U.S.C. 7506). 
‘‘(c) RAILROAD CORRIDOR PRESERVATION.— 
‘‘(1) IN GENERAL.—The Secretary may assist an 
applicant to acquire railroad right-of-way before the 
completion of the environmental reviews for any 
project that may use the right-of-way if the acquisi-
tion is otherwise permitted under Federal law. The 
Secretary may establish restrictions on such an acqui-
sition as the Secretary determines to be necessary and 
appropriate. 
‘‘(2) 
ENVIRONMENTAL
REVIEWS.—Railroad 
right-of-way acquired under this subsection may not 
be developed in anticipation of the project until all 
required environmental reviews for the project have 
been completed. 
‘‘(d) CONSIDERATION OF ECONOMIC, SOCIAL, AND EN-
VIRONMENTAL INTERESTS.—
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‘‘(1) IN GENERAL.—The Secretary may not ap-
prove an application for financial assistance for a 
capital project under this chapter unless the Secretary 
determines that the project has been developed in ac-
cordance with the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.). The Secretary’s find-
ings under this paragraph shall be made a matter of 
public record. 
‘‘(2) COOPERATION AND CONSULTATION.—In car-
rying out section 5301(e), the Secretary shall cooper-
ate and consult with the Secretary of the Interior and 
the Administrator of the Environmental Protection 
Agency on each project that may have a substantial 
impact on the environment.’’. 
(b) CONFORMING AMENDMENT.—The item relating to 
section 5324 in the table of sections for chapter 53 is amend-
ed to read as follows: 
‘‘5324. Special provisions for capital projects.’’. 
SEC. 3024. CONTRACT REQUIREMENTS. 
(a) IN GENERAL.—Section 5325 is amended to read 
as follows: 
‘‘§ 5325. Contract requirements 
‘‘(a) COMPETITION.—Recipients of assistance under 
this chapter shall conduct all procurement transactions in 
a manner that provides full and open competition as deter-
mined by the Secretary.
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‘‘(b) ARCHITECTURAL, ENGINEERING, AND DESIGN 
CONTRACTS.— 
‘‘(1) IN GENERAL.—A contract or requirement 
for program management, architectural engineering, 
construction management, a feasibility study, and 
preliminary engineering, design, architectural, engi-
neering, surveying, mapping, or related services for a 
project for which Federal assistance is provided under 
this chapter shall be awarded in the same manner as 
a contract for architectural and engineering services 
is negotiated under chapter 11 of title 40, or an 
equivalent qualifications-based requirement of a 
State. This subsection does not apply to the extent a 
State has adopted or adopts by law a formal proce-
dure for procuring those services. 
‘‘(2) 
ADDITIONAL
REQUIREMENTS.—When 
awarding a contract described in paragraph (1), re-
cipients of assistance under this chapter shall comply 
with the following requirements: 
‘‘(A) Any contract or subcontract awarded 
under this chapter shall be performed and au-
dited in compliance with cost principles con-
tained in part 31 of title 48, Code of Federal 
Regulations (commonly known as the Federal 
Acquisition Regulation).
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‘‘(B) A recipient of funds under a contract 
or subcontract awarded under this chapter shall 
accept indirect cost rates established in accord-
ance with the Federal Acquisition Regulation for 
1-year applicable accounting periods by a cog-
nizant Federal or State government agency, if 
such rates are not currently under dispute. 
‘‘(C) After a firm’s indirect cost rates are 
accepted under subparagraph (B), the recipient 
of the funds shall apply such rates for the pur-
poses of contract estimation, negotiation, admin-
istration, reporting, and contract payment, and 
shall not be limited by administrative or de facto 
ceilings. 
‘‘(D) A recipient requesting or using the 
cost and rate data described in subparagraph 
(C) shall notify any affected firm before such re-
quest or use. Such data shall be confidential and 
shall not be accessible or provided by the group 
of agencies sharing cost data under this subpara-
graph, except by written permission of the au-
dited firm. If prohibited by law, such cost and 
rate data shall not be disclosed under any cir-
cumstances.
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‘‘(c) EFFICIENT PROCUREMENT.—A recipient may 
award a procurement contract under this chapter to other 
than the lowest bidder if the award furthers an objective 
consistent with the purposes of this chapter, including im-
proved long-term operating efficiency and lower long-term 
costs. 
‘‘(d) DESIGN-BUILD PROJECTS.— 
‘‘(1) DEFINED
TERM.—As used in this sub-
section, the term ‘design-build project’— 
‘‘(A) means a project under which a recipi-
ent enters into a contract with a seller, firm, or 
consortium of firms to design and build an oper-
able segment of a public transportation system 
that meets specific performance criteria; and 
‘‘(B) may include an option to finance, or 
operate for a period of time, the system or seg-
ment or any combination of designing, building, 
operating, or maintaining such system or seg-
ment. 
‘‘(2) 
FINANCIAL
ASSISTANCE
FOR
CAPITAL 
COSTS.—Federal financial assistance under this chap-
ter may be provided for the capital costs of a design- 
build project after the recipient complies with Govern-
ment requirements. 
‘‘(e) ROLLING STOCK.—
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‘‘(1) ACQUISITION.—A recipient of financial as-
sistance under this chapter may enter into a contract 
to expend that assistance to acquire rolling stock— 
‘‘(A) with a party selected through a com-
petitive procurement process; or 
‘‘(B) based on— 
‘‘(i) initial capital costs; or 
‘‘(ii) performance, standardization, life 
cycle costs, and other factors. 
‘‘(2) MULTIYEAR CONTRACTS.—A recipient pro-
curing rolling stock with Federal financial assistance 
under this chapter may make a multiyear contract, 
including options, to buy not more than 5 years of re-
quirements for rolling stock and replacement parts. 
The Secretary shall allow a recipient to act on a co-
operative basis to procure rolling stock under this 
paragraph and in accordance with other Federal pro-
curement requirements. 
‘‘(f) EXAMINATION OF RECORDS.—Upon request, the 
Secretary and the Comptroller General, or any of their rep-
resentatives, shall have access to and the right to examine 
and inspect all records, documents, and papers, including 
contracts, related to a project for which a grant is made 
under this chapter.
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‘‘(g) GRANT PROHIBITION.—A grant awarded under 
this chapter may not be used to support a procurement that 
uses an exclusionary or discriminatory specification. 
‘‘(h) BUS DEALER REQUIREMENTS.—No State law re-
quiring buses to be purchased through in-State dealers shall 
apply to vehicles purchased with a grant under this chap-
ter. 
‘‘(i) AWARDS TO RESPONSIBLE CONTRACTORS.— 
‘‘(1) IN GENERAL.—Federal financial assistance 
under this chapter may be provided for contracts only 
if a recipient awards such contracts to responsible 
contractors possessing the ability to successfully per-
form under the terms and conditions of a proposed 
procurement. 
‘‘(2) CRITERIA.—Before making an award to a 
contractor under paragraph (1), a recipient shall con-
sider— 
‘‘(A) the integrity of the contractor; 
‘‘(B) the contractor’s compliance with pub-
lic policy; 
‘‘(C) the contractor’s past performance, in-
cluding the performance reported in the Con-
tractor Performance Assessment Reports required 
under section 5309(m)(4); and
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‘‘(D) the contractor’s financial and tech-
nical resources.’’. 
(b) CONFORMING
AMENDMENTS.—Chapter 53 is 
amended by striking section 5326. 
SEC. 3025. PROJECT MANAGEMENT OVERSIGHT AND RE-
VIEW. 
(a) PROJECT MANAGEMENT PLAN REQUIREMENTS.— 
Section 5327(a) is amended— 
(1) in paragraph (11), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (12), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(13) safety and security management.’’. 
(b) LIMITATIONS ON USE OF AVAILABLE AMOUNTS.— 
Section 5327(c) is amended— 
(1) by amending paragraph (1) to read as fol-
lows: 
‘‘(1) IN GENERAL.—The Secretary may not use 
more than 1 percent of amounts made available for 
a fiscal year to carry out any of sections 5307 
through 5311, 5316, or 5317, or a project under the 
National Capital Transportation Act of 1969 (Public 
Law 91–143) to make a contract to oversee the con-
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HR 3550 EAS 
struction of major projects under any of sections 5307 
through 5311, 5316, or 5317 or under that Act.’’; 
(2) in paragraph (2)— 
(A) by striking ‘‘(2)’’ and inserting the fol-
lowing: 
‘‘(2) OTHER ALLOWABLE USES.—’’; and 
(B) by inserting ‘‘and security’’ after ‘‘safe-
ty’’; and 
(3) in paragraph (3), by striking ‘‘(3) The Gov-
ernment shall’’ and inserting the following: 
‘‘(3) FEDERAL SHARE.—Federal funds shall be 
used to’’. 
SEC. 3026. PROJECT REVIEW. 
Section 5328 is amended— 
(1) in subsection (a)— 
(A) in paragraph (1) by striking ‘‘(1) When 
the Secretary of Transportation allows a new 
fixed guideway project to advance into the alter-
natives analysis stage of project review, the Sec-
retary shall cooperate with the applicant’’ and 
inserting the following: 
‘‘(1) ALTERNATIVES
ANALYSIS.—The Secretary 
shall cooperate with an applicant undertaking an al-
ternatives analysis under subsections (e) and (f) of 
section 5309’’;
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(B) in paragraph (2)— 
(i) by striking ‘‘(2)’’ and inserting the 
following: 
‘‘(2) ADVANCEMENT TO PRELIMINARY ENGINEER-
ING STAGE.—’’; and 
(ii) by striking ‘‘is consistent with’’ 
and inserting ‘‘meets the requirements of’’; 
(C) in paragraph (3)— 
(i) by striking ‘‘(3)’’ and inserting the 
following: 
‘‘(3) RECORD OF DECISION.—’’; 
(ii) by striking ‘‘of construction’’; and 
(iii) by adding before the period at the 
end the following: ‘‘if the Secretary deter-
mines that the project meets the require-
ments of subsection (e) or (f) of section 
5309’’; and 
(D) by striking paragraph (4); and 
(2) by striking subsection (c). 
SEC. 3027. INVESTIGATIONS OF SAFETY AND SECURITY 
RISK. 
(a) IN GENERAL.—Section 5329 is amended to read 
as follows:
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‘‘§ 5329. Investigation of safety hazards and security 
risks 
‘‘(a) IN GENERAL.—The Secretary may conduct inves-
tigations into safety hazards and security risks associated 
with a condition in equipment, a facility, or an operation 
financed under this chapter to establish the nature and ex-
tent of the condition and how to eliminate, mitigate, or cor-
rect it. 
‘‘(b) SUBMISSION OF CORRECTIVE PLAN.—If the Sec-
retary establishes that a safety hazard or security risk war-
rants further protective measures, the Secretary shall re-
quire the local governmental authority receiving amounts 
under this chapter to submit a plan for eliminating, miti-
gating, or correcting it. 
‘‘(c) WITHHOLDING OF FUNDS.—Financial assistance 
under this chapter, in an amount to be determined by the 
Secretary, may be withheld until a plan is approved and 
carried out. 
‘‘(d) PUBLIC TRANSPORTATION SECURITY.— 
‘‘(1) IN GENERAL.—Not later than 90 days after 
the date of enactment of the Federal Public Transpor-
tation Act of 2004, the Secretary shall enter into a 
memorandum of understanding with the Secretary of 
Homeland Security to define and clarify the respec-
tive roles and responsibilities of the Department of
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Transportation and the Department of Homeland Se-
curity relating to public transportation security. 
‘‘(2) CONTENTS.—The memorandum of under-
standing described in paragraph (1) shall— 
‘‘(A) establish national security standards 
for public transportation agencies; 
‘‘(B) establish funding priorities for grants 
from the Department of Homeland Security to 
public transportation agencies; 
‘‘(C) create a method of coordination with 
public transportation agencies on security mat-
ters; and 
‘‘(D) address any other issues determined to 
be appropriate by the Secretary and the Sec-
retary of Homeland Security.’’. 
(b) CONFORMING AMENDMENT.—The item relating to 
section 5329 in the table of sections for chapter 53 is amend-
ed to read as follows: 
‘‘5329. Investigation of safety hazards and security risks.’’. 
SEC. 3028. STATE SAFETY OVERSIGHT. 
(a) IN GENERAL.—Section 5330 is amended— 
(1) by amending the heading to read as follows: 
‘‘§ 5330. Withholding amounts for noncompliance with 
State safety oversight requirements’’; 
(2) by amending subsection (a) to read as fol-
lows:
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‘‘(3) A State or local government may not enact, en-
force, prescribe, issue, or continue in effect any law, regula-
tion, standard, or order to the extent it is inconsistent with 
this section or regulations prescribed under this section.’’. 
SEC. 3030. TERRORIST ATTACKS AND OTHER ACTS OF VIO-
LENCE AGAINST PUBLIC TRANSPORTATION 
SYSTEMS. 
(a) IN GENERAL.—Section 1993 of title 18, United 
States Code, is amended— 
(1) by striking ‘‘mass’’ each place it appears and 
inserting ‘‘public’’; 
(2) in subsection (a)(5), by inserting ‘‘control-
ling,’’ after ‘‘operating’’; and 
(3) in subsection (c)(5), by striking ‘‘5302(a)(7) 
of title 49, United States Code,’’ and inserting 
‘‘5302(a) of title 49,’’. 
(b) CONFORMING AMENDMENT.—The table of contents 
for chapter 97 of title 18, United States Code is amended 
by amending the item related to section 1993 to read as 
follows: 
‘‘1993. Terrorist attacks and other acts of violence against public transportation 
systems.’’. 
SEC. 3031. CONTROLLED SUBSTANCES AND ALCOHOL MIS-
USE TESTING. 
Section 5331 is amended—
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(1) in subsection (a)(3), by inserting before the 
period at the end the following: ‘‘or sections 2303a, 
7101(i), or 7302(e) of title 46. The Secretary may 
also decide that a form of public transportation is 
covered adequately, for employee alcohol and con-
trolled substances testing purposes, under the alcohol 
and controlled substance statutes or regulations of an 
agency within the Department of Transportation or 
other Federal agency’’; and 
(2) in subsection (f), by striking paragraph (3). 
SEC. 3032. EMPLOYEE PROTECTIVE ARRANGEMENTS. 
Section 5333(b) is amended— 
(1) in paragraph (3), by striking the period at 
the end and inserting ‘‘: Provided, That— 
‘‘(A) the protective period shall not exceed 4 
years; and 
‘‘(B) the separation allowance shall not exceed 
12 months.’’; and 
(2) by adding at the end the following: 
‘‘(4) An arrangement under this subsection shall not 
guarantee continuation of employment as a result of a 
change in private contractors through competitive bidding 
unless such continuation is otherwise required under sub-
paragraph (A), (B), or (D) of paragraph (2).
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‘‘(5) Fair and equitable arrangements to protect the 
interests of employees utilized by the Secretary of Labor for 
assistance to purchase like-kind equipment or facilities, and 
amendments to existing assistance agreements, shall be cer-
tified without referral. 
‘‘(6) Nothing in this subsection shall affect the level 
of protection provided to freight railroad employees.’’. 
SEC. 3033. ADMINISTRATIVE PROCEDURES. 
Section 5334 is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by striking ‘‘5309– 
5311 of this title’’ and all that follows and in-
serting ‘‘5309 through 5311;’’; 
(B) in paragraph (9), by striking ‘‘and’’ at 
the end; 
(C) in paragraph (10), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(D) by inserting at the end the following: 
‘‘(11) issue regulations as necessary to carry out 
the purposes of this chapter.’’; 
(2) by redesignating subsections (b), (c), (d), (e), 
(f), (g), (h), (i), and (j) as subsections (c), (d), (e), (f), 
(g), (h), (i), (j), and (k), respectively; 
(3) by adding after subsection (a) the following:
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‘‘(b) PROHIBITIONS
AGAINST
REGULATING
OPER-
ATIONS AND CHARGES.— 
‘‘(1) IN GENERAL.—Except as directed by the 
President for purposes of national defense or in the 
event of a national or regional emergency, the Sec-
retary may not regulate— 
‘‘(A) the operation, routes, or schedules of a 
public transportation system for which a grant 
is made under this chapter; or 
‘‘(B) the rates, fares, tolls, rentals, or other 
charges prescribed by any public or private 
transportation provider. 
‘‘(2) COMPLIANCE WITH AGREEMENT.—Nothing 
in this subsection shall prevent the Secretary from re-
quiring a recipient of funds under this chapter to 
comply with the terms and conditions of its Federal 
assistance agreement.’’; and 
(4) in subsection (j)(1), as redesignated, by strik-
ing ‘‘carry out section 5312(a) and (b)(1) of this 
title’’ and inserting ‘‘advise and assist the Secretary 
in carrying out section 5312(a)’’. 
SEC. 3034. REPORTS AND AUDITS. 
Section 5335 is amended— 
(1) by striking subsection (b); and 
(2) in subsection (a)—
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(A) in paragraph (1), by striking ‘‘(1)’’; 
and 
(B) in paragraph (2), by striking ‘‘(2) The 
Secretary may make a grant under section 5307 
of this title’’ and inserting the following: 
‘‘(b) REPORTING AND UNIFORM SYSTEMS.—The Sec-
retary may award a grant under section 5307 or 5311’’. 
SEC. 3035. APPORTIONMENTS OF APPROPRIATIONS FOR 
FORMULA GRANTS. 
Section 5336 is amended— 
(1) by striking subsection (d); 
(2) by striking subsection (h); 
(3) by striking subsection (k); 
(4) by redesignating subsections (a) through (c) 
as subsections (b) through (d), respectively; 
(5) by adding before subsection (b), as redesig-
nated, the following: 
‘‘(a) APPORTIONMENTS.—Of the amounts made avail-
able for each fiscal year under subsections (a)(1)(C)(vi) and 
(b)(2)(L) of section 5338— 
‘‘(1) there shall be apportioned, in fiscal year 
2005 and each fiscal year thereafter, $35,000,000 to 
certain urbanized areas with populations of less than 
200,000 in accordance with subsection (k); and
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‘‘(2) any amount not apportioned under para-
graph (1) shall be apportioned to urbanized areas in 
accordance with subsections (b) through (d).’’; 
(6) in subsection (b), as redesignated— 
(A) by striking ‘‘Of the amount made avail-
able or appropriated under section 5338(a) of 
this title’’ and inserting ‘‘Of the amount appor-
tioned under subsection (a)(3)’’; and 
(B) in paragraph (2), by striking ‘‘sub-
sections (b) and (c) of this section’’ and inserting 
‘‘subsections (c) and (d)’’; 
(7) in subsection (c)(2), as redesignated, by strik-
ing ‘‘subsection (a)(2) of this section’’ and inserting 
‘‘subsection (b)(2)’’; 
(8) in subsection (d), as redesignated, by striking 
‘‘subsection (a)(2) of this section’’ and inserting ‘‘sub-
section (b)(2)’’; 
(9) in subsection (e)(1), by striking ‘‘subsections 
(a) and (h)(2) of section 5338 of this title’’ and in-
serting ‘‘subsections (a) and (b) of section 5338’’; 
(10) in subsection (g), by striking ‘‘subsection 
(a)(1) of this section’’ each place it appears and in-
serting ‘‘subsection (b)(1)’’; and 
(11) by adding at the end the following:
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‘‘(k) SMALL TRANSIT INTENSIVE CITIES FACTORS.— 
The amount apportioned under subsection (a)(1) shall be 
apportioned to urbanized areas as follows: 
‘‘(1) The Secretary shall calculate a factor equal 
to the sum of revenue vehicle hours operated within 
urbanized areas with a population of between 200,000 
and 1,000,000 divided by the sum of the population 
of all such urbanized areas. 
‘‘(2) The Secretary shall designate as eligible for 
an apportionment under this subsection all urbanized 
areas with a population of under 200,000 for which 
the number of revenue vehicle hours operated within 
the urbanized area divided by the population of the 
urbanized area exceeds the factor calculated under 
paragraph (1). 
‘‘(3) For each urbanized area qualifying for an 
apportionment under paragraph (2), the Secretary 
shall calculate an amount equal to the product of the 
population of that urbanized area and the factor cal-
culated under paragraph (1). 
‘‘(4) For each urbanized area qualifying for an 
apportionment under paragraph (2), the Secretary 
shall calculate an amount equal to the difference be-
tween the number of revenue vehicle hours within that
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HR 3550 EAS 
urbanized area less the amount calculated in para-
graph (3). 
‘‘(5) Each urbanized area qualifying for an ap-
portionment under paragraph (2) shall receive an 
amount equal to the amount to be apportioned under 
this subsection multiplied by the amount calculated 
for that urbanized area under paragraph (4) divided 
by the sum of the amounts calculated under para-
graph (4) for all urbanized areas qualifying for an 
apportionment under paragraph (2). 
‘‘(l) STUDY
ON
INCENTIVES
IN
FORMULA
PRO-
GRAMS.— 
‘‘(1) STUDY.—The Secretary shall conduct a 
study to assess the feasibility and appropriateness of 
developing and implementing an incentive funding 
system under sections 5307 and 5311 for operators of 
public transportation. 
‘‘(2) REPORT.— 
‘‘(A) IN GENERAL.—Not later than 1 year 
after the date of enactment of the Federal Public 
Transportation Act of 2004, the Secretary shall 
submit a report on the results of the study con-
ducted under paragraph (1) to the Committee on 
Banking, Housing, and Urban Affairs of the 
Senate and the Committee on Transportation
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HR 3550 EAS 
and Infrastructure of the House of Representa-
tives. 
‘‘(B) CONTENTS.—The report submitted 
under subparagraph (A) shall include— 
‘‘(i) an analysis of the availability of 
appropriate measures to be used as a basis 
for the distribution of incentive payments; 
‘‘(ii) the optimal number and size of 
any incentive programs; 
‘‘(iii) what types of systems should 
compete for various incentives; 
‘‘(iv) how incentives should be distrib-
uted; and 
‘‘(v) the likely effects of the incentive 
funding system.’’. 
SEC. 3036. APPORTIONMENTS FOR FIXED GUIDEWAY MOD-
ERNIZATION. 
Section 5337 is amended— 
(1) in subsection (a), by striking ‘‘for each of fis-
cal years 1998 through 2003’’; and 
(2) by striking ‘‘section 5336(b)(2)(A)’’ each 
place 
it 
appears 
and 
inserting 
‘‘section 
5336(c)(2)(A)’’. 
SEC. 3037. AUTHORIZATIONS. 
Section 5338 is amended to read as follows:
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HR 3550 EAS 
‘‘§ 5338. Authorizations 
‘‘(a) FISCAL YEAR 2004.— 
‘‘(1) FORMULA GRANTS.— 
‘‘(A) TRUST FUND.—For fiscal year 2004, 
$3,053,079,920 shall be available from the Mass 
Transit Account of the Highway Trust Fund to 
carry out sections 5307, 5309, 5310, and 5311 of 
this chapter and section 3038 of the Transpor-
tation Equity Act for the 21st Century (49 
U.S.C. 5310 note). 
‘‘(B) GENERAL FUND.—In addition to the 
amounts made available under subparagraph 
(A), there are authorized to be appropriated 
$763,269,980 for fiscal year 2004 to carry out 
sections 5307, 5309, 5310, and 5311 of this chap-
ter and section 3038 of the Transportation Eq-
uity Act for the 21st Century (49 U.S.C. 5310 
note). 
‘‘(C) ALLOCATION
OF
FUNDS.—Of the 
amounts made available or appropriated under 
this paragraph— 
‘‘(i) $4,821,335 shall be available to the 
Alaska Railroad for improvements to its 
passenger operations under section 5307; 
‘‘(ii) $6,908,995 shall be available to 
provide 
over-the-road 
bus 
accessibility
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HR 3550 EAS 
grants under section 3038 of the Transpor-
tation Equity Act for the 21st Century (49 
U.S.C. 5310 note); 
‘‘(iii) $90,117,950 shall be available to 
provide transportation services to elderly 
individuals and individuals with disabil-
ities under section 5310; 
‘‘(iv) $239,188,058 shall be available to 
provide financial assistance for other than 
urbanized areas under section 5311; 
‘‘(v) $3,425,608,562 shall be available 
to provide financial assistance for urban-
ized areas under section 5307; and 
‘‘(vi) $49,705,000 shall be available to 
provide financial assistance for buses and 
bus facilities under section 5309.. 
‘‘(2) JOB ACCESS AND REVERSE COMMUTE.— 
‘‘(A) TRUST FUND.—For fiscal year 2004, 
$99,410,000 shall be available from the Mass 
Transit Account of the Highway Trust Fund to 
carry out section 3037 of the Transportation Eq-
uity Act for the 21st Century (49 U.S.C. 5309 
note). 
‘‘(B) GENERAL FUND.—In addition to the 
amounts made available under paragraph (A),
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HR 3550 EAS 
there 
are 
authorized 
to 
be 
appropriated 
$24,852,500 for fiscal year 2004 to carry out sec-
tion 3037 of the Transportation Equity Act of 
the 21st Century (49 U.S.C. 5309 note). 
‘‘(3) CAPITAL PROGRAM GRANTS.— 
‘‘(A) TRUST FUND.—For fiscal year 2004, 
$2,495,191,000 shall be available from the Mass 
Transit Account of the Highway Trust Fund to 
carry out section 5309. 
‘‘(B) GENERAL FUND.—In addition to the 
amounts made available under subparagraph 
(A), there are authorized to be appropriated 
$623,797,750 for fiscal year 2004 to carry out 
section 5309. 
‘‘(4) PLANNING.— 
‘‘(A) TRUST FUND.—For fiscal year 2004, 
$58,254,260 shall be available from the Mass 
Transit Account of the Highway Trust Fund to 
carry out section 5308. 
‘‘(B) GENERAL FUND.—In addition to the 
amounts made available under subparagraph 
(A), there are authorized to be appropriated 
$14,315,040 for fiscal year 2004 to carry out sec-
tion 5308.
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HR 3550 EAS 
‘‘(C) ALLOCATION
OF
FUNDS.—Of the 
amounts made available or appropriated under 
this paragraph— 
‘‘(i) 82.72 percent shall be allocated for 
metropolitan 
planning 
under 
section 
5308(c); and 
‘‘(ii) 17.28 percent shall be allocated 
for State planning under section 5308(d). 
‘‘(5) RESEARCH.— 
‘‘(A) TRUST FUND.—For fiscal year 2004, 
$41,951,020 shall be available from the Mass 
Transit Account of the Highway Trust Fund to 
carry out sections 5311(b), 5312, 5313, 5314, 
5315, and 5322. 
‘‘(B) GENERAL FUND.—In addition to the 
amounts made available under subparagraph 
(A), there are authorized to be appropriated 
$10,736,280 for fiscal year 2004 to carry out sec-
tions 5311(b), 5312, 5313, 5314, 5315, and 5322. 
‘‘(C) ALLOCATION OF FUNDS.—Of the funds 
made available or appropriated under this para-
graph— 
‘‘(i) not less than $3,976,400 shall be 
available to carry out programs of the Na-
tional Transit Institute under section 5315;
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HR 3550 EAS 
‘‘(ii) not less than $5,219,025 shall be 
available to carry out section 5311(b)(2); 
‘‘(iii) not less than $8,201,325 shall be 
available to carry out section 5313; and 
‘‘(iv) the remainder shall be available 
to carry out national research and tech-
nology programs under sections 5312, 5314, 
and 5322. 
‘‘(6) 
UNIVERSITY
TRANSPORTATION
RE-
SEARCH.— 
‘‘(A) TRUST FUND.—For fiscal year 2004, 
$4,771,680 shall be available from the Mass 
Transit Account of the Highway Trust Fund to 
carry out sections 5505 and 5506. 
‘‘(B) GENERAL
FUND.—In addition to 
amounts made available under subparagraph 
(A), there are authorized to be appropriated 
$1,192,920 for fiscal year 2004 to carry out sec-
tions 5505 and 5506. 
‘‘(C) ALLOCATION
OF
FUNDS.—Of the 
amounts made available or appropriated under 
this paragraph— 
‘‘(i) $1,988,200 shall be available for 
grants under 5506(f)(5) to the institution 
identified in section 5505(j)(3)(E), as in ef-
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HR 3550 EAS 
fect on the day before the date of enactment 
of the Federal Public Transportation Act of 
2004; 
‘‘(ii) $1,988,200 shall be available for 
grants under section 5505(d) to the institu-
tion identified in section 5505(j)(4)(A), as 
in effect on the date specified in clause (i); 
and 
‘‘(iii) $1,988,200 shall be available for 
grants under section 5505(d) to the institu-
tion identified in section 5505(j)(4)(F), as 
in effect on the date specified in subclause 
(I). 
‘‘(C) SPECIAL
RULE.—Nothing in this 
paragraph shall be construed to limit the trans-
portation research conducted by the centers re-
ceiving financial assistance under this section. 
‘‘(7) ADMINISTRATION.— 
‘‘(A) TRUST FUND.—For fiscal year 2004, 
$60,043,640 shall be available from the Mass 
Transit Account of the Highway Trust Fund to 
carry out section 5334. 
‘‘(B) GENERAL FUND.—In addition to amounts 
made available under subparagraph (A), there are
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HR 3550 EAS 
authorized to be appropriated $15,010,910 for fiscal 
year 2004 to carry out section 5334. 
‘‘(8) GRANTS AS CONTRACTUAL OBLIGATIONS.— 
‘‘(A) GRANTS FINANCED FROM HIGHWAY TRUST 
FUND.—A grant or contract that is approved by the 
Secretary and financed with amounts made available 
under paragraph (1)(A), (2)(A), (3)(A), (4)(A), 
(5)(A), (6)(A), or (7)(A) is a contractual obligation of 
the United States Government to pay the Federal 
share of the cost of the project. 
‘‘(B) GRANTS
FINANCED
FROM
GENERAL 
FUND.—A grant or contract that is approved by 
the Secretary and financed with amounts appro-
priated in advance under paragraph (1)(B), 
(2)(B), (3)(B), (4)(B), (5)(B), (6)(B), or (7)(B) 
is a contractual obligation of the United States 
Government to pay the Federal share of the cost 
of the project only to the extent that amounts are 
appropriated for such purpose by an Act of Con-
gress. 
‘‘(9) AVAILABILITY
OF
AMOUNTS.—Amounts 
made available or appropriated under paragraphs (1) 
through (6) shall remain available until expended.’’. 
‘‘(b) FORMULA GRANTS AND RESEARCH.—
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‘‘(1) IN GENERAL.—There shall be available from 
the Mass Transit Account of the Highway Trust Fund 
to carry out sections 5307, 5308, 5309, 5310 through 
5316, 5322, 5335, 5340, and 5505 of this title, and 
sections 3037 and 3038 of the Federal Transit Act of 
1998 (112 Stat. 387 et seq.)— 
‘‘(A) $6,262,600,000 for fiscal year 2005; 
‘‘(B) $6,577,629,000 for fiscal year 2006; 
‘‘(C) $6,950,400,000 for fiscal year 2007; 
‘‘(D) $7,594,760,000 for fiscal year 2008; 
and 
‘‘(E) $8,275,320,000 for fiscal year 2009. 
‘‘(2) ALLOCATION OF FUNDS.—Of the amounts 
made available under paragraph (1) for each fiscal 
year— 
‘‘(A) 0.092 percent shall be available for 
grants to the Alaska Railroad under section 5307 
for improvements to its passenger operations; 
‘‘(B) 1.75 percent shall be available to carry 
out section 5308; 
‘‘(C) 2.05 percent shall be available to pro-
vide financial assistance for job access and re-
verse commute projects under section 3037 of the 
Federal Transit Act of 1998 (49 U.S.C. 5309 
note);
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‘‘(D) 3.00 percent shall be available to pro-
vide financial assistance for services for elderly 
persons and persons with disabilities under sec-
tion 5310; 
‘‘(E) 0.125 percent shall be available to 
carry out section 3038 of the Transportation Eq-
uity Act for the 21st Century (49 U.S.C. 5310 
note); 
‘‘(F) 6.25 percent shall be available to pro-
vide financial assistance for other than urban-
ized areas under section 5311; 
‘‘(G) 0.89 percent shall be available to carry 
out transit cooperative research programs under 
section 5313, the National Transit Institute 
under section 5315, university research centers 
under section 5505, and national research pro-
grams under sections 5312, 5313, 5314, and 
5322, of which— 
‘‘(i) 17.0 percent shall be allocated to 
carry out transit cooperative research pro-
grams under section 5313; 
‘‘(ii) 7.5 percent shall be allocated to 
carry out programs under the National 
Transit Institute under section 5315, in-
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HR 3550 EAS 
cluding not more than $1,000,000 to carry 
out section 5315(a)(16); 
‘‘(iii) 11.0 percent shall be allocated to 
carry out the university centers program 
under section 5505; and 
‘‘(iv) any funds made available under 
this subparagraph that are not allocated 
under clauses (i) through (iii) shall be allo-
cated to carry out national research pro-
grams under sections 5312, 5313, 5314, and 
5322; 
‘‘(H) $25,000,000 shall be available for each 
of the fiscal years 2005 through 2009 to carry 
out section 5316; 
‘‘(I) there shall be available to carry out 
section 5335— 
‘‘(i) $3,700,000 in fiscal year 2005; 
‘‘(ii) $3,900,000 in fiscal year 2006; 
‘‘(iii) $4,200,000 in fiscal year 2007; 
‘‘(iv) $4,600,000 in fiscal year 2008; 
and 
‘‘(v) $5,000,000 in fiscal year 2009; 
‘‘(J) 6.25 percent shall be allocated in ac-
cordance with section 5340 to provide financial 
assistance for urbanized areas under section
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5307 and other than urbanized areas under sec-
tion 5311; and 
‘‘(K) 22.0 percent shall be allocated in ac-
cordance with section 5337 to provide financial 
assistance under section 5309(i)(3); and 
‘‘(L) any amounts not made available 
under subparagraphs (A) through (K) shall be 
allocated in accordance with section 5336 to pro-
vide financial assistance for urbanized areas 
under section 5307. 
‘‘(3) UNIVERSITY CENTERS PROGRAM.— 
‘‘(A) ALLOCATION.—Of the amounts allo-
cated under paragraph (2)(G)(iii), $1,000,000 
shall be available in each of the fiscal years 2005 
through 2009 for Morgan State University to 
provide transportation research, training, and 
curriculum development. 
‘‘(B) REQUIREMENTS.—The university spec-
ified under subparagraph (A) shall be considered 
a University Transportation Center under sec-
tion 510 of title 23, and shall be subject to the 
requirements under subsections (c), (d), (e), and 
(f) of such section. 
‘‘(C) REPORT.—In addition to the report 
required under section 510(e)(3) of title 23, the
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university specified under subparagraph (A) 
shall annually submit a report to the Secretary 
that describes the university’s contribution to 
public transportation. 
‘‘(4) BUS GRANTS.—In addition to the amounts 
made available under paragraph (1), there shall be 
available from the Mass Transit Account of the High-
way Trust Fund to carry out section 5309(i)(2)(B)— 
‘‘(A) $839,829,000 for fiscal year 2005; 
‘‘(B) $882,075,000 for fiscal year 2006; 
‘‘(C) $932,064,000 for fiscal year 2007; 
‘‘(D) $1,018,474,000 for fiscal year 2008; 
and 
‘‘(E) $1,109,739,000 for fiscal year 2009. 
‘‘(c) MAJOR CAPITAL INVESTMENT GRANTS.—There 
are authorized to be appropriated to carry out section 
5309(i)(2)(A)— 
‘‘(1) $1,461,072,000 for fiscal year 2005; 
‘‘(2) $1,534,568,000 for fiscal year 2006; 
‘‘(3) $1,621,536,000 for fiscal year 2007; 
‘‘(4) $1,771,866,000 for fiscal year 2008; and 
‘‘(5) $1,930,641,000 for fiscal year 2009. 
‘‘(d) ADMINISTRATION.—There shall be available from 
the Mass Transit Account of the Highway Trust Fund to 
carry out section 5334—
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‘‘(1) $86,500,000 for fiscal year 2005; 
‘‘(2) $90,851,000 for fiscal year 2006; 
‘‘(3) $96,000,000 for fiscal year 2007; 
‘‘(4) $104,900,000 for fiscal year 2008; and 
‘‘(5) $114,300,000 for fiscal year 2009. 
‘‘(e) GRANTS AS CONTRACTUAL OBLIGATIONS.— 
‘‘(1) MASS TRANSIT ACCOUNT FUNDS.—A grant 
or contract approved by the Secretary that is fi-
nanced with amounts made available under sub-
section (b)(1) or (d) is a contractual obligation of the 
United States Government to pay the Federal share 
of the cost of the project. 
‘‘(2) APPROPRIATED FUNDS.—A grant or con-
tract approved by the Secretary that is financed with 
amounts made available under subsection (b)(2) or (c) 
is a contractual obligation of the United States Gov-
ernment to pay the Federal share of the cost of the 
project only to the extent that amounts are appro-
priated in advance for such purpose by an Act of 
Congress. 
‘‘(f) AVAILABILITY
OF AMOUNTS.—Amounts made 
available by or appropriated under subsections (b) and (c) 
shall remain available until expended.’’.
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SEC. 3038. APPORTIONMENTS BASED ON GROWING STATES 
FORMULA FACTORS. 
(a) IN GENERAL.—Chapter 53 is amended by adding 
at the end the following: 
‘‘§ 5340. Apportionments based on growing States and 
high density State formula factors 
‘‘(a) ALLOCATION.—Of the amounts made available for 
each fiscal year under section 5338(b)(2)(J), the Secretary 
shall apportion— 
‘‘(1) 50 percent to States and urbanized areas in 
accordance with subsection (b); and 
‘‘(2) 50 percent to States and urbanized areas in 
accordance with subsection (c). 
‘‘(b) GROWING STATE APPORTIONMENTS.— 
‘‘(1) APPORTIONMENT
AMONG
STATES.—The 
amounts apportioned under paragraph (a)(1) shall 
provide each State with an amount equal to the total 
amount apportioned multiplied by a ratio equal to 
the population of that State forecast for the year that 
is 15 years after the most recent decennial census, di-
vided by the total population of all States forecast for 
the year that is 15 years after the most recent decen-
nial census. Such forecast shall be based on the popu-
lation trend for each State between the most recent 
decennial census and the most recent estimate of pop-
ulation made by the Secretary of Commerce.
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HR 3550 EAS 
‘‘(2) APPORTIONMENTS
BETWEEN
URBANIZED 
AREAS AND OTHER THAN URBANIZED AREAS IN EACH 
STATE.— 
‘‘(A) IN GENERAL.—The Secretary shall ap-
portion amounts to each State under paragraph 
(1) so that urbanized areas in that State receive 
an amount equal to the amount apportioned to 
that State multiplied by a ratio equal to the sum 
of the forecast population of all urbanized areas 
in that State divided by the total forecast popu-
lation of that State. In making the apportion-
ment under this subparagraph, the Secretary 
shall utilize any available forecasts made by the 
State. If no forecasts are available, the Secretary 
shall utilize data on urbanized areas and total 
population from the most recent decennial cen-
sus. 
‘‘(B) REMAINING
AMOUNTS.—Amounts re-
maining for each State after apportionment 
under subparagraph (A) shall be apportioned to 
that State and added to the amount made avail-
able for grants under section 5311. 
‘‘(3) 
APPORTIONMENTS
AMONG
URBANIZED 
AREAS IN EACH STATE.—The Secretary shall appor-
tion amounts made available to urbanized areas in
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HR 3550 EAS 
each State under subsection (b)(2)(A) so that each ur-
banized area receives an amount equal to the amount 
apportioned under subsection (b)(2)(A) multiplied by 
a ratio equal to the population of each urbanized area 
divided by the sum of populations of all urbanized 
areas in the State. Amounts apportioned to each ur-
banized area shall be added to amounts apportioned 
to that urbanized area under section 5336, and made 
available for grants under section 5307. 
‘‘(c) HIGH
DENSITY
STATE
APPORTIONMENTS.— 
Amounts to be apportioned under subsection (a)(2) shall be 
apportioned as follows: 
‘‘(1) ELIGIBLE
STATES.—The Secretary shall 
designate as eligible for an apportionment under this 
subsection all States with a population density in ex-
cess of 370 persons per square mile. 
‘‘(2) STATE
URBANIZED
LAND
FACTOR.—For 
each State qualifying for an apportionment under 
paragraph (1), the Secretary shall calculate an 
amount equal to the product of the urban land area 
of urbanized areas in the State times 370 persons per 
square mile. 
‘‘(3) STATE APPORTIONMENT FACTOR.—For each 
State qualifying for an apportionment under para-
graph (1), the Secretary shall calculate an amount
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equal to the difference between the total population of 
the State less the amount calculated in paragraph (2). 
‘‘(4) 
STATE
APPORTIONMENT.—Each 
State 
qualifying for an apportionment under paragraph (1) 
shall receive an amount equal to the amount to be ap-
portioned under this subsection multiplied by the 
amount calculated for the State under paragraph (3) 
divided by the sum of the amounts calculated under 
paragraph (3) for all States qualifying for an appor-
tionment under paragraph (1). 
‘‘(5) APPORTIONMENTS
BETWEEN
URBANIZED 
AREAS AND OTHER THAN URBANIZED AREAS IN EACH 
STATE.— 
‘‘(A) IN GENERAL.—The Secretary shall ap-
portion amounts apportioned to each State 
under paragraph (4) so that urbanized areas in 
that State receive an amount equal to the 
amount apportioned to that State multiplied by 
a ratio equal to the sum of the population of all 
urbanized areas in that State divided by the 
total population of that State. 
‘‘(B) REMAINING
AMOUNTS.—Amounts re-
maining for each State after apportionment 
under subparagraph (a) shall be apportioned to
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that State and added to the amount made avail-
able for grants under section 5311. 
‘‘(6) 
APPORTIONMENTS
AMONG
URBANIZED 
AREAS IN EACH STATE.—The Secretary shall appor-
tion amounts made available to urbanized areas in 
each State under subsection (c)(5)(A) so that each ur-
banized area receives an amount equal to the amount 
apportioned under subsection (c)(5)(A) multiplied by 
a ratio equal to the population of each urbanized area 
divided by the sum of populations of all urbanized 
areas in the State. Amounts apportioned to each ur-
banized area shall be added to amounts apportioned 
to that urbanized area under section 5336, and made 
available for grants under section 5307.’’. 
(b) CONFORMING AMENDMENT.—The table of sections 
for chapter 53 is amended by adding at the end the fol-
lowing: 
‘‘5340. Apportionments based on growing States and high density States formula 
factors.’’. 
SEC. 3039. JOB ACCESS AND REVERSE COMMUTE GRANTS. 
Section 3037 of the Federal Transit Act of 1998 (49 
U.S.C. 5309 note) is amended— 
(1) in subsection (b)— 
(A) in paragraph (1)— 
(i) by striking ‘‘means an individual’’ 
and inserting the following: ‘‘means—
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HR 3550 EAS 
‘‘(A) an individual’’; and 
(ii) by striking the period at the end 
and inserting ‘‘; or 
‘‘(B) an individual who is eligible for as-
sistance under the State program of Temporary 
Assistance to Needy Families funded under part 
A of title IV of the Social Security Act (42 
U.S.C. 601 et. seq.) in the State in which the re-
cipient of a grant under this section is located.’’; 
and 
(B) in paragraph (2), by striking ‘‘develop-
ment of’’ each place it appears and inserting 
‘‘development and provision of’’; 
(2) in subsection (i), by amending paragraph (2) 
to read as follows: 
‘‘(2) COORDINATION.— 
‘‘(A) IN GENERAL.—The Secretary shall co-
ordinate activities under this section with related 
activities under programs of other Federal de-
partments and agencies. 
‘‘(B) CERTIFICATION.—A recipient of funds 
under this section shall certify that— 
‘‘(i) the project has been derived from 
a locally developed, coordinated public tran-
sit human services transportation plan; and
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‘‘(ii) the plan was developed through a 
process that included representatives of pub-
lic, private, and nonprofit transportation 
and human services providers and partici-
pation by the public.’’; 
(3) by amending subsection (j) to read as follows: 
‘‘(j) GRANT REQUIREMENTS.— 
‘‘(1) IN GENERAL.— 
‘‘(A) URBANIZED AREAS.—A grant awarded 
under this section to a public agency or private 
company engaged in public transportation in an 
urbanized area shall be subject to the all of the 
terms and conditions to which a grant awarded 
under section 5307 of title 49, United States 
Code, is subject, to the extent the Secretary con-
siders appropriate. 
‘‘(B) OTHER THAN URBANIZED AREAS.—A 
grant awarded under this section to a public 
agency or a private company engaged in public 
transportation in an area other than urbanized 
areas shall be subject to all of the terms and con-
ditions to which a grant awarded under section 
5311 of title 49, United States Code, is subject, 
to the extent the Secretary considers appropriate.
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HR 3550 EAS 
‘‘(C) NONPROFIT ORGANIZATIONS.—A grant 
awarded under this section to a private non-
profit organization shall be subject to all of the 
terms and conditions to which a grant made 
under section 5310 of title 49, United States 
Code, is subject, to the extent the Secretary con-
siders appropriate. 
‘‘(2) SPECIAL WARRANTY.— 
‘‘(A) IN GENERAL.—Section 5333(b) of title 
49, United States Code, shall apply to grants 
under this section if the Secretary of Labor uti-
lizes a Special Warranty that provides a fair 
and equitable arrangement to protect the inter-
ests of employees. 
‘‘(B) WAIVER.—The Secretary may waive 
the applicability of the Special Warranty under 
subparagraph (A) for private non-profit recipi-
ents on a case-by-case basis as the Secretary con-
siders appropriate.’’; and 
(4) by striking subsections (k) and (l). 
SEC. 3040. OVER-THE-ROAD BUS ACCESSIBILITY PROGRAM. 
(a) SECTION HEADING.—The section heading for sec-
tion 3038 of the Federal Transit Act of 1998 (49 U.S.C. 
5310 note), is amended to read as follows:
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HR 3550 EAS 
‘‘SEC. 3038. OVER-THE-ROAD BUS ACCESSIBILITY PRO-
GRAM.’’. 
(b) FUNDING.—Section 3038(g) of the Federal Transit 
Act of 1998 (49 U.S.C. 5310 note) is amended to read as 
follows: 
‘‘(g) FUNDING.—Of the amounts made available for 
each fiscal year under subsections (a)(1)(C)(iii) and 
(b)(2)(E) of section 5338 of title 49, United States Code— 
‘‘(1) 75 percent shall be available, and shall re-
main available until expended, for operators of over- 
the-road buses, used substantially or exclusively in 
intercity, fixed-route over-the-road bus service, to fi-
nance the incremental capital and training costs of 
the Department of Transportation’s final rule regard-
ing accessibility of over-the-road buses; and 
‘‘(2) 25 percent shall be available, and shall re-
main available until expended, for operators of over- 
the-road bus service not described in paragraph (1), 
to finance the incremental capital and training costs 
of the Department of Transportation’s final rule re-
garding accessibility of over-the-road buses.’’. 
(b) CONFORMING AMENDMENT.—The item relating to 
section 3038 in the table of contents for the Transportation 
Equity Act for the 21st Century (Public Law 105–178) is 
amended to read as follows: 
‘‘Sec. 3038. Over-the-road bus accessibility program.’’.
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SEC. 3041. ALTERNATIVE TRANSPORTATION IN PARKS AND 
PUBLIC LANDS. 
(a) IN GENERAL.—Chapter 53 is amended by insert-
ing after section 5315 the following: 
‘‘§ 5316. Alternative transportation in parks and pub-
lic lands 
‘‘(a) IN GENERAL.— 
‘‘(1) AUTHORIZATION.— 
‘‘(A) IN GENERAL.—The Secretary, in con-
sultation with the Secretary of the Interior, may 
award a grant or enter into a contract, coopera-
tive 
agreement, 
interagency 
agreement, 
intraagency agreement, or other transaction to 
carry out a qualified project under this section 
to enhance the protection of America’s National 
Parks and public lands and increase the enjoy-
ment of those visiting the parks and public lands 
by ensuring access to all, including persons with 
disabilities, improving conservation and park 
and public land opportunities in urban areas 
through partnering with state and local govern-
ments, and improving park and public land 
transportation infrastructure. 
‘‘(B) CONSULTATION
WITH
OTHER
AGEN-
CIES.—To the extent that projects are proposed 
or funded in eligible areas that are not within
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HR 3550 EAS 
the jurisdiction of the Department of the Inte-
rior, the Secretary of the Interior shall consult 
with the heads of the relevant Federal land man-
agement agencies in carrying out the responsibil-
ities under this section. 
‘‘(2) USE
OF
FUNDS.—A grant, cooperative 
agreement, interagency agreement, intraagency agree-
ment, or other transaction for a qualified project 
under this section shall be available to finance the 
leasing of equipment and facilities for use in public 
transportation, subject to any regulation that the Sec-
retary may prescribe limiting the grant or agreement 
to leasing arrangements that are more cost-effective 
than purchase or construction. 
‘‘(b) DEFINITIONS.—As used in this section, the fol-
lowing definitions shall apply: 
‘‘(1) ELIGIBLE AREA.—The term ‘eligible area’ 
means any federally owned or managed park, refuge, 
or recreational area that is open to the general public, 
including— 
‘‘(A) a unit of the National Park System; 
‘‘(B) a unit of the National Wildlife Refuge 
System; 
‘‘(C) a recreational area managed by the 
Bureau of Land Management; and
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HR 3550 EAS 
‘‘(D) a recreation area managed by the Bu-
reau of Reclamation. 
‘‘(2) FEDERAL
LAND
MANAGEMENT
AGENCY.— 
The term ‘Federal land management agency’ means a 
Federal agency that manages an eligible area. 
‘‘(3) ALTERNATIVE TRANSPORTATION.—The term 
‘alternative transportation’ means transportation by 
bus, rail, or any other publicly or privately owned 
conveyance that provides to the public general or spe-
cial service on a regular basis, including sightseeing 
service. 
‘‘(4) QUALIFIED PARTICIPANT.—The term ‘quali-
fied participant’ means— 
‘‘(A) a Federal land management agency; or 
‘‘(B) a State, tribal, or local governmental 
authority with jurisdiction over land in the vi-
cinity of an eligible area acting with the consent 
of the Federal land management agency, alone or 
in partnership with a Federal land management 
agency or other Governmental or nongovern-
mental participant. 
‘‘(5) QUALIFIED PROJECT.—The term ‘qualified 
project’ means a planning or capital project in or in 
the vicinity of an eligible area that—
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HR 3550 EAS 
‘‘(A) is an activity described in section 
5302, 5303, 5304, 5308, or 5309(a)(1)(A); 
‘‘(B) involves— 
‘‘(i) the purchase of rolling stock that 
incorporates clean fuel technology or the re-
placement of buses of a type in use on the 
date of enactment of this section with clean 
fuel vehicles; or 
‘‘(ii) the deployment of alternative 
transportation vehicles that introduce inno-
vative technologies or methods; 
‘‘(C) relates to the capital costs of coordi-
nating the Federal land management agency 
public transportation systems with other public 
transportation systems; 
‘‘(D) provides a nonmotorized transpor-
tation system (including the provision of facili-
ties for pedestrians, bicycles, and nonmotorized 
watercraft); 
‘‘(E) provides waterborne access within or 
in the vicinity of an eligible area, as appropriate 
to and consistent with this section; or 
‘‘(F) is any other alternative transportation 
project that— 
‘‘(i) enhances the environment;
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HR 3550 EAS 
‘‘(ii) prevents or mitigates an adverse 
impact on a natural resource; 
‘‘(iii) improves Federal land manage-
ment agency resource management; 
‘‘(iv) improves visitor mobility and ac-
cessibility and the visitor experience; 
‘‘(v) reduces congestion and pollution 
(including noise pollution and visual pollu-
tion); or 
‘‘(vi) conserves a natural, historical, or 
cultural resource (excluding rehabilitation 
or restoration of a non-transportation facil-
ity). 
‘‘(c) FEDERAL
AGENCY
COOPERATIVE
ARRANGE-
MENTS.—The Secretary shall develop cooperative arrange-
ments with the Secretary of the Interior that provide for— 
‘‘(1) technical assistance in alternative transpor-
tation; 
‘‘(2) interagency and multidisciplinary teams to 
develop Federal land management agency alternative 
transportation policy, procedures, and coordination; 
and 
‘‘(3) the development of procedures and criteria 
relating to the planning, selection, and funding of 
qualified projects and the implementation and over-
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HR 3550 EAS 
sight of the program of projects in accordance with 
this section. 
‘‘(d) LIMITATION ON USE OF AVAILABLE AMOUNTS.— 
‘‘(1) IN GENERAL.—The Secretary, in consulta-
tion with the Secretary of the Interior, may use not 
more than 10 percent of the amount made available 
for a fiscal year under section 5338(a)(2)(I) to carry 
out planning, research, and technical assistance 
under this section, including the development of tech-
nology appropriate for use in a qualified project. 
‘‘(2) ADDITIONAL
AMOUNTS.—Amounts made 
available under this subsection are in addition to 
amounts otherwise available to the Secretary to carry 
out planning, research, and technical assistance 
under this title or any other provision of law. 
‘‘(3) MAXIMUM
AMOUNT.—No qualified project 
shall receive more than 12 percent of the total amount 
made available to carry out this section under section 
5338(a)(2)(I) for any fiscal year. 
‘‘(e) PLANNING PROCESS.—In undertaking a qualified 
project under this section, 
‘‘(1) if the qualified participant is a Federal 
land management agency— 
‘‘(A) the Secretary, in cooperation with the 
Secretary of the Interior, shall develop transpor-
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HR 3550 EAS 
tation planning procedures that are consistent 
with— 
‘‘(i) the metropolitan planning provi-
sions under section 5303 of this title; 
‘‘(ii) the statewide planning provisions 
under section 5304 of this title; and 
‘‘(iii) the public participation require-
ments under section 5307(e); and 
‘‘(B) in the case of a qualified project that 
is at a unit of the National Park system, the 
planning process shall be consistent with the gen-
eral management plans of the unit of the Na-
tional Park system; and 
‘‘(2) if the qualified participant is a State or 
local governmental authority, or more than one State 
or local governmental authority in more than one 
State, the qualified participant shall— 
‘‘(A) comply with the metropolitan plan-
ning provisions under section 5303 of this title; 
‘‘(B) comply with the statewide planning 
provisions under section 5304 of this title; 
‘‘(C) comply with the public participation 
requirements under section 5307(e) of this title; 
and
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HR 3550 EAS 
‘‘(D) consult with the appropriate Federal 
land management agency during the planning 
process. 
‘‘(f) COST SHARING.— 
‘‘(1) The Secretary, in cooperation with the Sec-
retary of the Interior, shall establish the agency share 
of net project cost to be provided under this section 
to a qualified participant. 
‘‘(2) In establishing the agency share of net 
project cost to be provided under this section, the Sec-
retary shall consider— 
‘‘(A) visitation levels and the revenue de-
rived from user fees in the eligible area in which 
the qualified project is carried out; 
‘‘(B) the extent to which the qualified par-
ticipant coordinates with a public transportation 
authority or private entity engaged in public 
transportation; 
‘‘(C) private investment in the qualified 
project, including the provision of contract serv-
ices, joint development activities, and the use of 
innovative financing mechanisms; 
‘‘(D) the clear and direct benefit to the 
qualified participant; and
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HR 3550 EAS 
‘‘(E) any other matters that the Secretary 
considers appropriate to carry out this section. 
‘‘(3) Notwithstanding any other provision of law, 
Federal funds appropriated to any Federal land man-
agement agency may be counted toward the non-agen-
cy share of the net project cost of a qualified project. 
‘‘(g) SELECTION OF QUALIFIED PROJECTS.— 
‘‘(1) The Secretary of the Interior, after consulta-
tion with and in cooperation with the Secretary, shall 
determine the final selection and funding of an an-
nual program of qualified projects in accordance with 
this section. 
‘‘(2) In determining whether to include a project 
in the annual program of qualified projects, the Sec-
retary of the Interior shall consider— 
‘‘(A) the justification for the qualified 
project, including the extent to which the quali-
fied project would conserve resources, prevent or 
mitigate adverse impact, and enhance the envi-
ronment; 
‘‘(B) the location of the qualified project, to 
ensure that the selected qualified projects— 
‘‘(i) are geographically diverse nation-
wide; and
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HR 3550 EAS 
‘‘(ii) include qualified projects in eligi-
ble areas located in both urban areas and 
rural areas; 
‘‘(C) the size of the qualified project, to en-
sure that there is a balanced distribution; 
‘‘(D) the historical and cultural significance 
of a qualified project; 
‘‘(E) safety; 
‘‘(F) the extent to which the qualified 
project would- 
‘‘(i) enhance livable communities; 
‘‘(ii) reduce pollution (including noise 
pollution, air pollution, and visual pollu-
tion); 
‘‘(iii) reduce congestion; and 
‘‘(iv) improve the mobility of people in 
the most efficient manner; and 
‘‘(G) any other matters that the Secretary 
considers appropriate to carry out this section, 
including— 
‘‘(i) visitation levels; 
‘‘(ii) the use of innovative financing or 
joint development strategies; and 
‘‘(iii) coordination with gateway com-
munities.
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‘‘(h) QUALIFIED PROJECTS CARRIED OUT
IN AD-
VANCE.— 
‘‘(1) When a qualified participant carries out 
any part of a qualified project without assistance 
under this section in accordance with all applicable 
procedures and requirements, the Secretary, in con-
sultation with the Secretary of the Interior, may pay 
the share of the net capital project cost of a qualified 
project if— 
‘‘(A) the qualified participant applies for 
the payment; 
‘‘(B) the Secretary approves the payment; 
and 
‘‘(C) before carrying out that part of the 
qualified project, the Secretary approves the 
plans and specifications in the same manner as 
plans and specifications are approved for other 
projects assisted under this section. 
‘‘(2)(A) The cost of carrying out part of a quali-
fied project under paragraph (1) includes the amount 
of interest earned and payable on bonds issued by a 
State or local governmental authority, to the extent 
that proceeds of the bond are expended in carrying 
out that part.
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‘‘(B) The rate of interest under this paragraph 
may not exceed the most favorable rate reasonably 
available for the qualified project at the time of bor-
rowing. 
‘‘(C) The qualified participant shall certify, in a 
manner satisfactory to the Secretary, that the quali-
fied participant has exercised reasonable diligence in 
seeking the most favorable interest rate. 
‘‘(i) RELATIONSHIP TO OTHER LAWS.— 
‘‘(1) SECTION
5307.—A qualified participant 
under this section shall be subject to the requirements 
of sections 5307 and 5333(a) to the extent the Sec-
retary determines to be appropriate. 
‘‘(2) OTHER REQUIREMENTS.—A qualified par-
ticipant under this section is subject to any other 
terms, conditions, requirements, and provisions that 
the Secretary determines to be appropriate to carry 
out this section, including requirements for the dis-
tribution of proceeds on disposition of real property 
and equipment resulting from a qualified project as-
sisted under this section. 
‘‘(3) PROJECT
MANAGEMENT
PLAN.—If the 
amount of assistance anticipated to be required for a 
qualified project under this section is not less than 
$25,000,000—
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‘‘(A) the qualified project shall, to the extent 
the Secretary considers appropriate, be carried 
out through a full funding grant agreement, in 
accordance with section 5309(g); and 
‘‘(B) the qualified participant shall prepare 
a project management plan in accordance with 
section 5327(a). 
‘‘(i) ASSET MANAGEMENT.—The Secretary, in con-
sultation with the Secretary of the Interior, may transfer 
the interest of the Department of Transportation in, and 
control over, all facilities and equipment acquired under 
this section to a qualified participant for use and disposi-
tion in accordance with any property management regula-
tions that the Secretary determines to be appropriate. 
‘‘(j) COORDINATION OF RESEARCH AND DEPLOYMENT 
OF NEW TECHNOLOGIES.— 
‘‘(1) The Secretary, in cooperation with the Sec-
retary of the Interior, may undertake, or make 
grants, cooperative agreements, contracts (including 
agreements with departments, agencies, and instru-
mentalities of the Federal Government) or other 
transactions for research, development, and deploy-
ment of new technologies in eligible areas that will— 
‘‘(A) conserve resources;
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‘‘(B) prevent or mitigate adverse environ-
mental impact; 
‘‘(C) improve visitor mobility, accessibility, 
and enjoyment; and 
‘‘(D) reduce pollution (including noise pol-
lution and visual pollution). 
‘‘(2) The Secretary may request and receive ap-
propriate information from any source. 
‘‘(3) Grants, cooperative agreements, contracts or 
other transactions under paragraph (1) shall be 
awarded from amounts allocated under subsection 
(c)(1). 
‘‘(k) INNOVATIVE FINANCING.—A qualified project re-
ceiving financial assistance under this section shall be eligi-
ble for funding through a state infrastructure bank or other 
innovative financing mechanism available to finance an el-
igible project under this chapter. 
‘‘(l) REPORTS.— 
‘‘(1) IN GENERAL.—The Secretary, in consulta-
tion with the Secretary of the Interior, shall annually 
submit a report on the allocation of amounts made 
available to assist qualified projects under this section 
to— 
‘‘(A) the Committee on Banking, Housing, 
and Urban Affairs of the Senate; and
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‘‘(B) the Committee on Transportation and 
Infrastructure of the House of Representatives. 
‘‘(2) ANNUAL AND SUPPLEMENTAL REPORTS.— 
The report required under paragraph (1) shall be in-
cluded in the report submitted under section 
5309(m).’’. 
(b) CONFORMING AMENDMENTS.—The table of sections 
for chapter 53 is amended by inserting after the item relat-
ing to section 5315 the following: 
‘‘5316. Alternative transportation in parks and public lands.’’. 
SEC. 3042. 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 (c) of 
section 5338 of title 49, United States Code, shall not ex-
ceed— 
(1) $7,265,876,900 for fiscal year 2004; 
(2) $8,650,000,000 for fiscal year 2005; 
(3) $9,085,123,000 for fiscal year 2006; 
(4) $9,600,000,000 for fiscal year 2007; 
(5) $10,490,000,000 for fiscal year 2008; and 
(6) $11,430,000,000 for fiscal year 2009.
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SEC. 3043. ADJUSTMENTS FOR THE SURFACE TRANSPOR-
TATION EXTENSION ACT OF 2003. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, the Secretary shall reduce the total apportion-
ments and allocations made for fiscal year 2004 to each 
grant recipient under section 5338 of title 49, United States 
Code, by the amount apportioned to that recipient pursuant 
to section 8 of the Surface Transportation Extension Act 
of 2003 (117 Stat. 1121). 
(b) FIXED
GUIDEWAY
MODERNIZATION
ADJUST-
MENT.—In making the apportionments described in sub-
section (a), the Secretary shall adjust the amount appor-
tioned for fiscal year 2004 to each urbanized area for fixed 
guideway modernization to reflect the apportionment meth-
od set forth in 5337(a) of title 49, United States Code. 
SEC. 3044. DISADVANTAGED BUSINESS ENTERPRISE. 
Section 1101(b) of the Transportation Equity Act of 
the 21st Century shall apply to all funds authorized or oth-
erwise made available under this title. 
SEC. 3045. INTERMODAL PASSENGER FACILITIES. 
(a) IN GENERAL.—Chapter 55 of title 49, United 
States Code, is amended by adding at the end the following:
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‘‘SUBCHAPTER III—INTERMODAL PASSENGER 
FACILITIES 
§ 5571. Policy and purposes 
‘‘(a) DEVELOPMENT AND ENHANCEMENT OF INTER-
MODAL PASSENGER FACILITIES.—It is in the economic in-
terest of the United States to improve the efficiency of public 
surface transportation modes by ensuring their connection 
with and access to intermodal passenger terminals, thereby 
streamlining the transfer of passengers among modes, en-
hancing travel options, and increasing passenger transpor-
tation operating efficiencies. 
‘‘(b) GENERAL PURPOSES.—The purposes of this sub-
chapter are to accelerate intermodal integration among 
North America’s passenger transportation modes through— 
‘‘(1) ensuring intercity public transportation ac-
cess to intermodal passenger facilities; 
‘‘(2) encouraging the development of an inte-
grated system of public transportation information; 
and 
‘‘(3) providing intercity bus intermodal pas-
senger facility grants. 
§ 5572. Definitions 
‘‘In this subchapter— 
‘‘(1) ‘capital project’ means a project for—
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‘‘(A) acquiring, constructing, improving, or 
renovating an intermodal facility that is related 
physically and functionally to intercity bus serv-
ice and establishes or enhances coordination be-
tween intercity bus service and transportation, 
including aviation, commuter rail, intercity rail, 
public transportation, seaports, and the National 
Highway System, such as physical infrastruc-
ture associated with private bus operations at 
existing and new intermodal facilities, including 
special lanes, curb cuts, ticket kiosks and 
counters, baggage and package express storage, 
employee parking, office space, security, and 
signage; and 
‘‘(B) establishing or enhancing coordination 
between intercity bus service and transportation, 
including aviation, commuter rail, intercity rail, 
public transportation, and the National High-
way System through an integrated system of 
public transportation information. 
‘‘(2) ‘commuter service’ means service designed 
primarily to provide daily work trips within the local 
commuting area. 
‘‘(3) ‘intercity bus service’ means regularly 
scheduled bus service for the general public which op-
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erates with limited stops over fixed routes connecting 
two or more urban areas not in close proximity, 
which has the capacity for transporting baggage car-
ried by passengers, and which makes meaningful con-
nections with scheduled intercity bus service to more 
distant points, if such service is available and may 
include package express service, if incidental to pas-
senger transportation, but does not include air, com-
muter, water or rail service. 
‘‘(4) ‘intermodal passenger facility’ means pas-
senger terminal that does, or can be modified to, ac-
commodate several modes of transportation and re-
lated facilities, including some or all of the following: 
intercity rail, intercity bus, commuter rail, intracity 
rail transit and bus transportation, airport limousine 
service and airline ticket offices, rent-a-car facilities, 
taxis, private parking, and other transportation serv-
ices. 
‘‘(5) ‘local governmental authority’ includes— 
‘‘(A) a political subdivision of a State; 
‘‘(B) an authority of at least one State or 
political subdivision of a State; 
‘‘(C) an Indian tribe; and 
‘‘(D) a public corporation, board, or com-
mission established under the laws of the State.
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‘‘(6) ‘owner or operator of a public transpor-
tation facility’ means an owner or operator of inter-
city-rail, intercity-bus, commuter-rail, commuter-bus, 
rail-transit, bus-transit, or ferry services. 
‘‘(7) ‘recipient’ means a State or local govern-
mental authority or a nonprofit organization that re-
ceives a grant to carry out this section directly from 
the Federal government. 
‘‘(8) ‘Secretary’ means the Secretary of Trans-
portation. 
‘‘(9) ‘State’ means a State of the United States, 
the District of Columbia, Puerto Rico, the Northern 
Mariana Islands, Guam, American Samoa, and the 
Virgin Islands. 
‘‘(10) ‘urban area’ means an area that includes 
a municipality or other built-up place that the Sec-
retary, after considering local patterns and trends of 
urban growth, decides is appropriate for a local pub-
lic transportation system to serve individuals in the 
locality. 
‘‘§ 5573. Assurance of access to intermodal passenger 
facilities 
‘‘Intercity buses and other modes of transportation 
shall, to the maximum extent practicable, have access to 
publicly funded intermodal passenger facilities, including
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those passenger facilities seeking funding under section 
5574. 
‘‘§ 5574. Intercity bus intermodal passenger facility 
grants 
‘‘(a) GENERAL AUTHORITY.—The Secretary of Trans-
portation may make grants under this section to recipients 
in financing a capital project only if the Secretary finds 
that the proposed project is justified and has adequate fi-
nancial commitment. 
‘‘(b) COMPETITIVE GRANT SELECTION.—The Secretary 
shall conduct a national solicitation for applications for 
grants under this section. Grantees shall be selected on a 
competitive basis. 
‘‘(c) SHARE OF NET PROJECT COSTS.—A grant shall 
not exceed 50 percent of the net project cost, as determined 
by the Secretary. 
‘‘(d) REGULATIONS.—The Secretary may promulgate 
such regulations as are necessary to carry out this section. 
‘‘§ 5575. Funding 
‘‘(a) HIGHWAY ACCOUNT.— 
‘‘(1) There is authorized to be appropriated from 
the Highway Trust Fund (other than the Mass Tran-
sit Account) to carry out this subchapter $10,000,000 
for each of fiscal years 2005 through 2009.
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‘‘(2) The funding made available under para-
graph (1) shall be available for obligation in the same 
manner as if such funds were apportioned under 
chapter 1 of title 23 and shall be subject to any obli-
gation limitation imposed on funds for Federal-aid 
highways and highway safety construction programs. 
‘‘(b) PERIOD OF AVAILABILITY.—Amounts made avail-
able under subsection (a) shall remain available until ex-
pended.’’. 
(b) CONFORMING AMENDMENT.—The chapter analysis 
for chapter 55 of title 49, United States Code, is amended 
by adding at the end the following: 
‘‘SUBCHAPTER III—INTERMODAL PASSENGER FACILITIES 
Sec. 
‘‘5571. Policy and Purposes. 
‘‘5572. Definitions. 
‘‘5573. Assurance of access to intermodal facilities. 
‘‘5574. Intercity bus intermodal facility grants. 
‘‘5575. Funding.’’. 
TITLE IV—SURFACE 
TRANSPORTATION SAFETY 
SEC. 4001. SHORT TITLE. 
This title may be cited as the ‘‘Surface Transportation 
Safety Reauthorization Act of 2004’’.
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Subtitle A—Highway Safety 
PART I—HIGHWAY SAFETY GRANT PROGRAM 
SEC. 4101. SHORT TITLE; AMENDMENT OF TITLE 23, UNITED 
STATES CODE. 
(a) SHORT TITLE.—This subpart may be cited as the 
‘‘Highway Safety Grant Program Reauthorization Act of 
2004’’. 
(b) AMENDMENT
OF TITLE 23, UNITED STATES 
CODE.—Except as otherwise expressly provided, whenever 
in this subpart an amendment or repeal is expressed in 
terms of an amendment to, or a repeal of, a section or other 
provision, the reference shall be considered to be made to 
a section or other provision of title 23, United States Code. 
SEC. 4102. AUTHORIZATION OF APPROPRIATIONS. 
(a) AMOUNTS
FOR FISCAL YEARS 2004 THROUGH 
2009.—There are authorized to be appropriated from the 
Highway Trust Fund (other than the Mass Transit Ac-
count) to the Secretary of Transportation for the National 
Highway Traffic Safety Administration the following: 
(1) To carry out the Highway Safety Programs 
under section 402 of title 23, United States Code, 
$170,000,000 in fiscal year 2004, $174,000,000 in fis-
cal year 2005, $179,000,000 in fiscal year 2006, 
$185,000,000 in fiscal year 2007, $204,000,000 in fis-
cal year 2008, and $207,000,000 in fiscal year 2009.
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(2) To carry out the Highway Safety Research 
and Outreach Programs under section 403 of title 23, 
United States Code, $110,000,000 in fiscal year 2004, 
$112,000,000 in fiscal year 2005, $114,000,000 in fis-
cal year 2006, $116,000,000 in fiscal year 2007, 
$118,000,000 in fiscal year 2008, and $120,000,000 
in fiscal year 2009. 
(3) To carry out the Occupant Protection Pro-
grams under section 405 of title 23, United States 
Code, $120,000,000 in fiscal year 2004, $122,000,000 
in fiscal year 2005, $124,000,000 in fiscal year 2006, 
$126,000,000 in fiscal year 2007, $128,000,000 in fis-
cal year 2008, and $130,000,000 in fiscal year 2009. 
(4) To carry out the Emergency Medical Services 
Program under section 407A of title 23, United States 
Code, $5,000,000 in each of fiscal years 2004 through 
2009. 
(5) To carry out the Impaired Driving Program 
under section 410 of title 23, United States Code, 
$85,000,000 in fiscal year 2004, $89,000,000 in fiscal 
year 
2005, 
$93,000,000 
in 
fiscal 
year 
2006, 
$110,000,000 in fiscal year 2007, $126,000,000 in fis-
cal year 2008, and $130,000,000 in fiscal year 2009. 
(6) To carry out the State Traffic Safety Infor-
mation System Improvements under section 412 of
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title 23, United States Code, $45,000,000 in each of 
fiscal years 2004 through 2009. 
(7) To carry out chapter 303 of title 49, United 
States Code, $4,000,000 for each of fiscal years 2004 
through 2009. 
(b) PROHIBITION ON OTHER USES.—Except as other-
wise provided in this subtitle, the amounts allocated from 
the Highway Trust Fund for programs provided for in 
chapter 4 of title 23, United States Code, shall only be used 
for such programs and may not be used by States or local 
governments for construction purposes. 
(c) EFFECT OF REVENUE DEFICIENCY.—If revenue to 
the Highway Trust Fund for a given fiscal year is lower 
than the amounts authorized by this subpart, any subse-
quent reductions in the overall funding for highway and 
transit programs shall not affect the highway safety pro-
grams provided for in chapter 4 of title 23, United States 
Code. 
(d) PROPORTIONAL INCREASES.—For each fiscal year 
from 2004 through 2009, if revenue to the Highway Trust 
Fund increases above the amounts for each such fiscal year 
set forth in the fiscal year 2004 joint budget resolution, then 
the amounts made available in such year for the programs 
in sections 402, 405, and 410 shall increase by the same 
percentage.
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SEC. 4103. HIGHWAY SAFETY PROGRAMS. 
(a) PROGRAMS TO BE INCLUDED.— 
(1) MOTOR VEHICLE AIRBAGS PUBLIC AWARE-
NESS.—Section 402(a)(2) is amended by striking‘‘ ve-
hicles and to increase public awareness of the benefit 
of motor vehicles equipped with airbags’’ and insert-
ing ‘‘vehicles,’’. 
(2) AGRESSIVE DRIVING.—Section 402(a) is fur-
ther amended— 
(A) by redesignating clause (6) as clause 
(8); 
(B) by inserting after ‘‘involving school 
buses,’’ at the end of clause (5) the following: 
‘‘(6) to reduce aggressive driving and to educate 
drivers about defensive driving, (7) to reduce ac-
cidents resulting from fatigued and distracted 
drivers, including distractions arising from the 
use of electronic devices in vehicles,’’; and 
(C) by inserting ‘‘aggressive driving, dis-
tracted driving,’’ after ‘‘school bus accidents,’’. 
(b) APPORTIONMENT.— 
(1) TRIBAL
GOVERNMENT
PROGRAMS.—Section 
402(c) is amended by striking ‘‘three-fourths of 1 per-
cent’’ and inserting ‘‘2 percent’’.
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(c) EXTRA FUNDING FOR OCCUPANT PROTECTION AND 
IMPAIRED DRIVING PROGRAMS.—Section 402 is amended 
by inserting after subsection (g) the following: 
‘‘(h) GRANTS.—Funds available to States under this 
section may be used for making grants of financial assist-
ance for programs and initiatives authorized by sections 
405 and 410 of this title.’’. 
(d) LAW ENFORCEMENT CHASE TRAINING.—Section 
402 is amended by adding at the end the following: 
‘‘(l) LIMITATION RELATING TO LAW ENFORCEMENT 
VEHICULAR PURSUIT TRAINING.—No State may receive 
any funds available for fiscal years after fiscal year 2004 
for programs under this chapter until the State submits to 
the Secretary a written statement that the State actively 
encourages all relevant law enforcement agencies in that 
State to follow the guidelines established for police chases 
issued by the International Association of Chiefs of Police 
that are in effect on the date of enactment of the Highway 
Safety Grant Program Reauthorization Act of 2004, or as 
revised and in effect after that date as determined by the 
Secretary. 
‘‘(m) CONSOLIDATION OF GRANT APPLICATIONS.—The 
Secretary shall establish an approval process by which a 
State may apply for all grants included under this chapter 
through a single application with a single annual deadline.
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The Bureau of Indian Affairs shall establish a similarly 
simplified process for applications from Indian tribes. 
‘‘(n) ADMINISTRATIVE EXPENSES.—Funds authorized 
to be appropriated to carry out this section shall be subject 
to a deduction of not to exceed 5 percent for the necessary 
costs of administering the provisions of this section, section 
405, section 407A, section 410, and 413 of this chapter.’’. 
SEC. 4104. HIGHWAY SAFETY RESEARCH AND OUTREACH 
PROGRAMS. 
(a) REVISED AUTHORITY AND REQUIREMENTS.—Sec-
tion 403 is amended to read as follows: 
‘‘§ 403. Highway safety research and development 
‘‘(a) AUTHORITY OF THE SECRETARY.—The Secretary 
is authorized to use funds appropriated to carry out this 
section to— 
‘‘(1) conduct research on all phases of highway 
safety and traffic conditions, including accident cau-
sation, highway or driver characteristics, communica-
tions, and emergency care; 
‘‘(2) conduct ongoing research into driver behav-
ior and its effect on traffic safety; 
‘‘(3) conduct research on, and launch initiatives 
to counter, fatigued driving by drivers of motor vehi-
cles and distracted driving in such vehicles, including 
the effect that the use of electronic devices and other
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factors deemed relevant by the Secretary have on driv-
ing; 
‘‘(4) conduct training or education programs in 
cooperation with other Federal departments and 
agencies, States, private sector persons, highway safe-
ty personnel, and law enforcement personnel; 
‘‘(5) conduct research on, and evaluate the effec-
tiveness of, traffic safety countermeasures, including 
seat belts and impaired driving initiatives; and 
‘‘(6) conduct demonstration projects. 
‘‘(b) SPECIFIC RESEARCH PROGRAMS.— 
‘‘(1) REQUIRED PROGRAMS.—The Secretary shall 
conduct research on the following: 
‘‘(A) EFFECTS
OF
USE
OF
CONTROLLED 
SUBSTANCES.—A study on the effects of the use 
of controlled substances on driver behavior to de-
termine— 
‘‘(i) methodologies for measuring driver 
impairment resulting from use of the most 
common controlled substances (including the 
use of such substances in combination with 
alcohol); and 
‘‘(ii) effective and efficient methods for 
training law enforcement personnel to detect 
or measure the level of impairment of a
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driver who is under the influence of a con-
trolled substance by the use of technology or 
otherwise. 
‘‘(B) ON-SCENE MOTOR VEHICLE COLLISION 
CAUSATION.—A nationally representative study 
to collect on-scene motor vehicle collision data, 
and to determine crash causation, for which the 
Secretary shall enter into a contract with the 
National Academy of Sciences to conduct a re-
view of the research, design, methodology, and 
implementation of the study. 
‘‘(C) TOLL FACILITIES WORKPLACE SAFE-
TY.—A study on the safety of highway toll collec-
tion facilities, including toll booths, conducted in 
cooperation with State and local highway safety 
organizations to determine the safety of highway 
toll collection facilities for the toll collectors who 
work in and around such facilities and to de-
velop best practices that would be of benefit to 
State and local highway safety organizations. 
The study shall consider— 
‘‘(i) any problems resulting from de-
sign or construction of facilities that con-
tribute to the occurrence of vehicle collisions 
with the facilities;
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‘‘(ii) the safety of crosswalks used by 
toll collectors in transit to and from toll 
booths; 
‘‘(iii) the extent of the enforcement of 
speed limits at and in the vicinity of toll 
facilities; 
‘‘(iv) the use of warning devices, such 
as vibration and rumble strips, to alert 
drivers approaching toll facilities; 
‘‘(v) the use of cameras to record traffic 
violations in the vicinity of toll facilities; 
‘‘(vi) the use of traffic control arms in 
the vicinity of toll facilities; 
‘‘(vii) law enforcement practices and 
jurisdictional issues that affect safety at 
and in the vicinity of toll facilities; and 
‘‘(viii) data (which shall be collected in 
conducting the research) regarding the inci-
dence of accidents and injuries at and 
around toll booth facilities. 
‘‘(2) TIME FOR COMPLETION OF STUDIES.—The 
studies conducted in subparagraphs (A), (B), and (C) 
of paragraph (1) may be conducted in concert with 
other Federal departments and agencies with relevant 
expertise. The Secretary shall submit an annual re-
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port to the Senate Committee on Commerce, Science, 
and Transportation and the House of Representatives 
Committee on Transportation and Infrastructure on 
the progress of each study conducted under this sub-
section. 
‘‘(3) ONGOING STUDIES.—The studies under sub-
paragraphs (A) and (B) of paragraph (1) shall be 
conducted on an ongoing basis. 
‘‘(4) REPORTS.— 
‘‘(A) ONE-TIME STUDY.—Not later than 2 
years after the date of enactment of the Highway 
Safety Grant Program Reauthorization Act of 
2004, the Secretary shall submit a final report 
on the study referred to in paragraph (1)(C) to 
the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee 
on Transportation and Infrastructure of the 
House of Representatives. 
‘‘(B) ONGOING
STUDIES.—The Secretary 
shall submit a report on the studies referred to 
in paragraph (3) to the Committees of Congress 
referred to in subparagraph (A) not later than 
December 31, 2005, and shall submit additional 
reports on such studies to such committees every 
2 years. Such additional reports shall contain
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the findings, progress, remaining challenges, re-
search objectives, and other relevant data relat-
ing to the ongoing studies. 
‘‘(5) RESEARCH ON DISTRACTED, INATTENTIVE, 
AND
FATIGUED
DRIVERS.—In conducting research 
under subsection (a)(3), the Secretary shall carry out 
not less than 5 demonstration projects to evaluate new 
and innovative means of combatting traffic system 
problems caused by distracted, inattentive, or fatigued 
drivers. The demonstration projects shall be in addi-
tion to any other research carried out under this sub-
section. 
‘‘(c) NATIONWIDE TRAFFIC SAFETY CAMPAIGNS.— 
‘‘(1) REQUIREMENT FOR CAMPAIGNS.—The Ad-
ministrator of the National Highway Traffic Safety 
Administration shall establish and administer a pro-
gram under which 3 high-visibility traffic safety law 
enforcement campaigns will be carried out for the 
purposes specified in paragraph (2) in each of years 
2004 through 2009. 
‘‘(2) PURPOSE.—The purpose of each law en-
forcement campaign is to achieve either or both of the 
following objectives: 
‘‘(A) Reduce alcohol-impaired or drug-im-
paired operation of motor vehicles.
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‘‘(B) Increase use of seat belts by occupants 
of motor vehicles. 
‘‘(3) ADVERTISING.—The Administrator may 
use, or authorize the use of, funds available under this 
section to pay for the development, production, and 
use of broadcast and print media advertising in car-
rying out traffic safety law enforcement campaigns 
under this subsection. Consideration shall be given to 
advertising directed at non-English speaking popu-
lations, including those who listen, read, or watch 
nontraditional media. 
‘‘(4) COORDINATION WITH STATES.—The Admin-
istrator shall coordinate with the States in carrying 
out the traffic safety law enforcement campaigns 
under this subsection, including advertising funded 
under paragraph (3), with a view to— 
‘‘(A) relying on States to provide the law 
enforcement resources for the campaigns out of 
funding available under this section and sections 
402, 405, and 410 of this title; and 
‘‘(B) providing out of National Highway 
Traffic Safety Administration resources most of 
the means necessary for national advertising and 
education efforts associated with the law enforce-
ment campaigns.
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‘‘(5) ANNUAL EVALUATION.—The Secretary shall 
conduct an annual evaluation of the effectiveness of 
such initiatives. 
‘‘(6) 
FUNDING.—The 
Secretary 
shall 
use 
$24,000,000 in each of fiscal years 2004 through 2009 
for advertising and educational initiatives to be car-
ried out nationwide in support of the campaigns 
under this section. 
‘‘(d) IMPROVING OLDER DRIVER SAFETY.— 
‘‘(1) IN GENERAL.—Of the funds made available 
under this section, the Secretary shall allocate 
$2,000,000 in each of fiscal years 2004 through 2009 
to conduct a comprehensive research and demonstra-
tion program to improve traffic safety pertaining to 
older drivers. The program shall— 
‘‘(A) provide information and guidelines to 
assist physicians and other related medical per-
sonnel, families, licensing agencies, enforcement 
officers, and various public and transit agencies 
in enhancing the safety and mobility of older 
drivers; 
‘‘(B) improve the scientific basis of medical 
standards and screenings strategies used in the 
licensing of all drivers in a non-discriminatory 
manner;
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‘‘(C) conduct field tests to assess the safety 
benefits and mobility impacts of different driver 
licensing strategies and driver assessment and 
rehabilitation methods; 
‘‘(D) assess the value and improve the safety 
potential of driver retraining courses of par-
ticular benefit to older drivers; and 
‘‘(E) conduct other activities to accomplish 
the objectives of this action. 
‘‘(2) FORMULATION OF PLAN.—After consultation 
with affected parties, the Secretary shall formulate an 
older driver traffic safety plan to guide the design 
and implementation of this program. The plan shall 
be submitted to the House of Representatives Com-
mittee on Transportation and Infrastructure and the 
Senate Committee on Commerce, Science, and Trans-
portation within 180 days after the date of enactment 
of the Highway Safety Grant Program Reauthoriza-
tion Act of 2004. 
‘‘(e) LAW ENFORCEMENT TRAINING.— 
‘‘(1) REQUIREMENT
FOR
PROGRAM.—The Ad-
ministrator of the National Highway Traffic Safety 
Administration shall carry out a program to train 
law enforcement personnel of each State and political 
subdivision thereof in police chase techniques that are
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consistent with the police chase guidelines issued by 
the International Association of Chiefs of Police. 
‘‘(2) AMOUNT FOR PROGRAM.—Of the amount 
available for a fiscal year to carry out this section, 
$200,000 shall be available for carrying out this sub-
section. 
‘‘(f) INTERNATIONAL COOPERATION.— 
‘‘(1) AUTHORITY.—The Administrator of the Na-
tional Highway Traffic Safety Administration may 
participate and cooperate in international activities 
to enhance highway safety. 
‘‘(2) AMOUNT FOR PROGRAM.—Of the amount 
available for a fiscal year to carry out this section, 
$200,000 may be used for activities authorized under 
paragraph (1).’’. 
(b) STUDY ON REFUSAL OF INTOXICATION TESTING.— 
(1) REQUIREMENT FOR STUDY.—In addition to 
studies under section 403 of title 23, United States 
Code, the Secretary of Transportation shall carry out 
a study of the frequency with which persons arrested 
for the offense of operating a motor vehicle under the 
influence of alcohol and persons arrested for the of-
fense of operating a motor vehicle while intoxicated 
refuse to take a test to determine blood alcohol con-
centration levels and the effect such refusals have on
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the ability of States to prosecute such persons for 
those offenses. 
(2) CONSULTATION.—In carrying out the study 
under this section, the Secretary shall consult with the 
Governors of the States, the States’ Attorneys General, 
and the United States Sentencing Commission. 
(3) REPORT.— 
(A) REQUIREMENT FOR REPORT.—Not later 
than 1 year after the date of the enactment of 
this Act, the Secretary shall submit a report on 
the results of the study to the Committee on 
Commerce, Science, and Transportation of the 
Senate and the Committee on Transportation 
and Infrastructure of the House of Representa-
tives. 
(B) CONTENT.—The report shall include 
any recommendation for legislation, including 
any recommended model State legislation, and 
any other recommendations that the Secretary 
considers appropriate for implementing a pro-
gram designed to decrease the occurrence refusals 
by arrested persons to submit to a test to deter-
mine blood alcohol concentration levels.
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SEC. 4105. NATIONAL HIGHWAY SAFETY ADVISORY COM-
MITTEE TECHNICAL CORRECTION. 
Section 404(d) is amended by striking ‘‘Commerce’’ 
and inserting ‘‘Transportation’’. 
SEC. 4106. OCCUPANT PROTECTION GRANTS. 
Section 405 is amended— 
(1) by striking the second sentence of subsection 
(a)(1); 
(2) by striking ‘‘Transportation Equity Act for 
the 21st Century.’’ in subsection (a)(2) and inserting 
‘‘Highway Safety Grant Program Reauthorization 
Act of 2004.’’; 
(3) by striking subsections (a)(3) and (4), (b), 
(c), and (d) and redesignating subsections (e) and (f) 
as subsections (d) and (e), respectively; and 
(4) by inserting after subsection (a) the fol-
lowing: 
‘‘(b) OCCUPANT PROTECTION GRANTS.— 
‘‘(1) IN GENERAL.—In addition to the grants au-
thorized by subsection (a), the Secretary shall make 
grants in accordance with this subsection. 
‘‘(2) SAFETY BELT PERFORMANCE GRANTS.— 
‘‘(A) PRIMARY SAFETY BELT USE LAW.— 
‘‘(i) For fiscal years 2004 and 2005, 
the Secretary shall make a grant to each 
State that enacted, and is enforcing, a pri-
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mary safety belt use law for all passenger 
motor vehicles that became effective by De-
cember 31, 2002. 
‘‘(ii) For each of fiscal years 2004 
through 2009, the Secretary shall, after 
making grants under clause (i) of this sub-
paragraph, make a one-time grant to each 
State that either enacts for the first time 
after December 31, 2002, and has in effect 
a primary safety belt use law for all pas-
senger motor vehicles, or, in the case of a 
State that does not have such a primary 
safety belt use law, has a State safety belt 
use rate in the preceding fiscal year of at 
least 90 percent, as measured under criteria 
determined by the Secretary. 
‘‘(iii) Of the funds authorized for 
grants under this subsection, $100,000,000 
in each of fiscal years 2004 through 2009 
shall be available for grants under this 
paragraph. The amount of a grant available 
to a State in each of fiscal years 2004 and 
2005 under clause (i) of this subparagraph 
shall be equal to 1⁄2 of the amount of funds 
apportioned to the State under section
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402(c) for fiscal year 2003. The amount of 
a grant available to a State in fiscal year 
2004 or in a subsequent fiscal year under 
clause (ii) of this subparagraph shall be 
equal to 5 times the amount apportioned to 
the State for fiscal year 2003 under section 
402(c). A State that receives a grant under 
clause (ii) of this subparagraph is ineligible 
to receive funding under subparagraph (B) 
for that fiscal year and the following fiscal 
year. The Federal share payable for grants 
under this subparagraph shall be 100 per-
cent. If the total amount of grants under 
clause (ii) of this subparagraph for a fiscal 
year exceeds the amount of funds available 
in the fiscal year, grants shall be made to 
each eligible State, in the order in which its 
primary safety belt use law became effective 
or its safety belt use rate reached 90 per-
cent, until the funds for the fiscal year are 
exhausted. A State that does not receive a 
grant for which it is eligible in a fiscal year 
shall receive the grant in the succeeding fis-
cal year so long as its law remains in effect 
or its safety belt use rate remains at or
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above 90 percent. If the total amount of 
grants under this subparagraph for a fiscal 
year is less than the amount available in 
the fiscal year, the Secretary shall use any 
funds that exceed the total amount for 
grants under subparagraph (B) of this 
paragraph. 
‘‘(B) SAFETY BELT USE RATE.— 
‘‘(i) For each fiscal year, from 2004 
through 2009, the funds authorized for a 
grant under this subparagraph shall be 
awarded to States that increase their meas-
ured safety belt use rate, as determined by 
the Secretary, by decreasing the proportion 
of non-users of safety belts by 10 percent, as 
compared to the proportion of non-users, in 
the preceding fiscal year. 
‘‘(ii) Each State that meets the re-
quirement of clause (i) of this subparagraph 
shall be apportioned an amount of funds 
that is equal to the amount available under 
this subparagraph for the relevant fiscal 
year multiplied by the ratio that the funds 
apportioned to the State under section 402 
for such fiscal year bear to the funds appor-
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tioned under section 402 for such fiscal year 
to all states that qualify for a grant for 
such fiscal year. 
‘‘(iii) Of the funds authorized for 
grants under this subsection, $20,000,000 
for fiscal year 2004, $22,000,000 for fiscal 
year 2005, $24,000,000 for fiscal year 2006, 
$26,000,000 
for 
fiscal 
year 
2007, 
$28,000,000 for fiscal year 2008, and 
$30,000,000 for fiscal year 2009 shall be 
available for safety belt use rate grants 
under this subparagraph. 
‘‘(iv) The Federal share payable for 
grants under this subparagraph shall be 100 
percent. 
‘‘(c) USE OF GRANTS.—A State allocated an amount 
for a grant under subparagraph (A) or (B) of subsection 
(b)(2) may use the amount for activities eligible for assist-
ance under sections 402, 405, and 410 of this title.’’. 
SEC. 4107. SCHOOL BUS DRIVER TRAINING. 
Section 406(c) is amended by striking the first, second, 
and third sentences.
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SEC. 4108. EMERGENCY MEDICAL SERVICES. 
(a) FEDERAL COORDINATION AND ENHANCED SUP-
PORT OF EMERGENCY MEDICAL SERVICES.—Chapter 4 is 
amended by inserting after section 407 the following: 
‘‘§ 407A. Federal coordination and enhanced support 
of emergency medical services 
‘‘(a) FEDERAL INTERAGENCY COMMITTEE ON EMER-
GENCY MEDICAL SERVICES.— 
‘‘(1) ESTABLISHMENT.—The Secretary of Trans-
portation and the Secretary of Homeland Security, 
through the Under Secretary for Emergency Pre-
paredness and Response, shall establish a Federal 
Interagency Committee on Emergency Medical Serv-
ices. In establishing the Interagency Committee, the 
Secretary of Transportation and the Secretary of 
Homeland Security through the Under Secretary for 
Emergency Preparedness and Response shall consult 
with the Secretary of Health and Human Services. 
‘‘(2) MEMBERSHIP.—The Interagency Committee 
shall consist of the following officials, or their des-
ignees: 
‘‘(A) The Administrator, National Highway 
Traffic Safety Administration. 
‘‘(B) The Director, Preparedness Division, 
Emergency Preparedness and Response Direc-
torate, Department of Homeland Security.
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‘‘(C) The Administrator, Health Resources 
and Services Administration, Department of 
Health and Human Services. 
‘‘(D) The Director, Centers for Disease Con-
trol and Prevention, Department of Health and 
Human Services. 
‘‘(E) The Administrator, United States Fire 
Administration, Emergency Preparedness and 
Response Directorate, Department of Homeland 
Security. 
‘‘(F) The Director, Center for Medicare and 
Medicaid Services, Department of Health and 
Human Services. 
‘‘(G) The Undersecretary of Defense for Per-
sonnel and Readiness. 
‘‘(H) The Director, Indian Health Service, 
Department of Health and Human Services. 
‘‘(I) The Chief, Wireless Telecom Bureau, 
Federal Communications Commission. 
‘‘(J) A representative of any other Federal 
agency identified by the Secretary of Transpor-
tation or the Secretary of Homeland Security 
through the Under Secretary for Emergency Pre-
paredness and Response, in consultation with the 
Secretary of Health and Human Services, as
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having a significant role in relation to the pur-
poses of the Interagency Committee. 
‘‘(3) PURPOSES.—The purposes of the Inter-
agency Committee are as follows: 
‘‘(A) To ensure coordination among the 
Federal agencies involved with State, local, trib-
al, or regional emergency medical services and 
9–1–1 systems. 
‘‘(B) To identify State, local, tribal, or re-
gional emergency medical services and 9–1–1 
needs. 
‘‘(C) To recommend new or expanded pro-
grams, including grant programs, for improving 
State, local, tribal, or regional emergency med-
ical services and implementing improved emer-
gency medical services communications tech-
nologies, including wireless 9–1–1. 
‘‘(D) To identify ways to streamline the 
process through which Federal agencies support 
State, local, tribal or regional emergency medical 
services. 
‘‘(E) To assist State, local, tribal or re-
gional emergency medical services in setting pri-
orities based on identified needs.
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‘‘(F) To advise, consult, and make rec-
ommendations on matters relating to the imple-
mentation of the coordinated State emergency 
medical services programs. 
‘‘(4) ADMINISTRATION.—The Administrator of 
the National Highway Traffic Safety Administration, 
in cooperation with the Director, Preparedness Divi-
sion, Emergency Preparedness and Response Direc-
torate, Department of Homeland Security, shall pro-
vide administrative support to the Interagency Com-
mittee, including scheduling meetings, setting agen-
das, keeping minutes and records, and producing re-
ports. 
‘‘(5) LEADERSHIP.—The members of the Inter-
agency Committee shall select a chairperson of the 
Committee annually. 
‘‘(6) MEETINGS.—The Interagency Committee 
shall meet as frequently as is determined necessary by 
the chairperson of the Committee. 
‘‘(7) ANNUAL REPORTS.—The Interagency Com-
mittee shall prepare an annual report to Congress on 
the Committee’s activities, actions, and recommenda-
tions. 
‘‘(b) COORDINATED NATIONWIDE EMERGENCY MED-
ICAL SERVICES PROGRAM.—
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‘‘(1) PROGRAM REQUIREMENT.—The Secretary of 
Transportation, acting through the Administrator of 
the National Highway Traffic Safety Administration, 
shall coordinate with officials of other Federal depart-
ments and agencies, and may assist State and local 
governments and emergency medical services organi-
zations (whether or not a firefighter organization), 
private industry, and other interested parties, to en-
sure the development and implementation of a coordi-
nated nationwide emergency medical services pro-
gram that is designed to strengthen transportation 
safety and public health and to implement improved 
emergency medical services communication systems, 
including 9–1–1. 
‘‘(2) COORDINATED STATE EMERGENCY MEDICAL 
SERVICES
PROGRAM.—Each State shall establish a 
program, to be approved by the Secretary, to coordi-
nate the emergency medical services and resources de-
ployed throughout the State, so as to ensure— 
‘‘(A) improved emergency medical services 
communication systems, including 9–1–1; 
‘‘(B) utilization of established best practices 
in system design and operations; 
‘‘(C) implementation of quality assurance 
programs; and
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‘‘(D) incorporation of data collection and 
analysis programs that facilitate system develop-
ment and data linkages with other systems and 
programs useful to emergency medical services. 
‘‘(3) ADMINISTRATION OF STATE PROGRAMS.— 
The Secretary may not approve a coordinated State 
emergency medical services program under this sub-
section unless the program— 
‘‘(A) provides that the Governor of the State 
is responsible for its administration through a 
State office of emergency medical services that 
has adequate powers and is suitably equipped 
and organized to carry out such program and 
coordinates such program with the highway safe-
ty office of the State; and 
‘‘(B) authorizes political subdivisions of the 
State to participate in and receive funds under 
such program, consistent with a goal of achiev-
ing statewide coordination of emergency medical 
services and 9–1–1 activities. 
‘‘(4) FUNDING.— 
‘‘(A) USE OF FUNDS.—Funds authorized to 
be appropriated to carry out this subsection shall 
be used to aid the States in conducting coordi-
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nated emergency medical services and 9–1–1 
programs as described in paragraph (2). 
‘‘(B) APPORTIONMENT.— 
‘‘(i) APPORTIONMENT FORMULA.—The 
funds shall be apportioned as follows: 75 
percent in the ratio that the population of 
each State bears to the total population of 
all the States, as shown by the latest avail-
able Federal census, and 25 percent in the 
ratio that the public road mileage in each 
State bears to the total public road mileage 
in all States. For the purpose of this sub-
paragraph, a ‘public road’ means any road 
under the jurisdiction of and maintained by 
a public authority and open to public trav-
el. Public road mileage as used in this sub-
section shall be determined as of the end of 
the calendar year prior to the year in which 
the funds are apportioned and shall be cer-
tified by the Governor of the State and sub-
ject to approval by the Secretary. 
‘‘(ii) MINIMUM APPORTIONMENT.—The 
annual apportionment to each State shall 
not be less than 1⁄2 of 1 percent of the total 
apportionment, except that the apportion-
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ment to the Secretary of the Interior on be-
half of Indian tribes shall not be less than 
3⁄4 of 1 percent of the total apportionment, 
and the apportionments to the Virgin Is-
lands, Guam, American Samoa, and the 
Commonwealth of the Northern Mariana Is-
lands shall not be less than 1⁄4 of 1 percent 
of the total apportionment. 
‘‘(5) APPLICABILITY
OF
CHAPTER
1.—Section 
402(d) of this title shall apply in the administration 
of this subsection. 
‘‘(6) FEDERAL SHARE.—The Federal share of the 
cost of a project or program funded under this sub-
section shall be 80 percent. 
‘‘(7) APPLICATION IN INDIAN COUNTRY.— 
‘‘(A) USE OF TERMS.—For the purpose of 
application of this subsection in Indian country, 
the terms ‘State’ and ‘Governor of the State’ in-
clude the Secretary of the Interior and the term 
‘political subdivisions of the State’ includes an 
Indian tribe. 
‘‘(B) INDIAN COUNTRY DEFINED.—In this 
subsection, the term ‘Indian country’ means— 
‘‘(i) all land within the limits of any 
Indian reservation under the jurisdiction of
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the United States, notwithstanding the 
issuance of any patent and including 
rights-of-way running through the reserva-
tion; 
‘‘(ii) all dependent Indian commu-
nities within the borders of the United 
States, whether within the original or subse-
quently acquired territory thereof and 
whether within or without the limits of a 
State; and 
‘‘(iii) all Indian allotments, the Indian 
titles to which have not been extinguished, 
including rights-of-way running through 
such allotments. 
‘‘(c) STATE DEFINED.—In this section, the term ‘State’ 
means each of the 50 States, the District of Columbia, Puer-
to Rico, the Virgin Islands, Guam, American Samoa, the 
Commonwealth of the Northern Mariana Islands, and the 
Secretary of the Interior on behalf of Indian tribes. 
‘‘(d) CONSTRUCTION WITH RESPECT TO DISTRICT OF 
COLUMBIA.—In the administration of this section with re-
spect to the District of Columbia, a reference in this section 
to the Governor of a State shall refer to the Mayor of the 
District of Columbia.’’.
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(b) CLERICAL AMENDMENT.—The chapter analysis for 
chapter 4 is amended by inserting after the item relating 
to section 407 the following: 
‘‘407A. Federal coordination and enhanced support of emergency medical serv-
ices.’’. 
SEC. 4109. REPEAL OF AUTHORITY FOR ALCOHOL TRAFFIC 
SAFETY PROGRAMS. 
(a) REPEAL.—Section 408 is repealed. 
(b) CLERICAL AMENDMENT.—The chapter analysis for 
chapter 4 is amended by striking the item relating to sec-
tion 408. 
SEC. 4110. IMPAIRED DRIVING PROGRAM. 
(a) MAINTENANCE OF EFFORT.—Section 410(a)(2) is 
amended by striking ‘‘the Transportation Equity Act for 
the 21st Century’’ and inserting ‘‘the Highway Safety 
Grant Program Reauthorization Act of 2004’’. 
(b) REVISED GRANT AUTHORITY.—Section 410 is 
amended— 
(1) by striking paragraph (3) of subsection (a) 
and redesignating paragraph (4) as paragraph (3); 
and 
(2) by striking subsections (b) through (f) and 
inserting the following: 
‘‘(b) 
PROGRAM-RELATED
ELIGIBILITY
REQUIRE-
MENTS.—To be eligible for a grant under this section, a 
State shall—
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‘‘(1) carry out each of the programs and activi-
ties required under subsection (c); 
‘‘(2) comply with the additional requirements set 
forth in subsection (d) with respect to such programs 
and activities; and 
‘‘(3) comply with any additional requirements of 
the Secretary. 
‘‘(c) REQUIRED STATE PROGRAMS AND ACTIVITIES.— 
For the purpose of subsection (b)(1), a State must meet the 
requirements of 4 of the following 6 criteria in order to re-
ceive a grant under this section: 
‘‘(1) CHECK-POINT, SATURATION
PATROL
PRO-
GRAM.— 
‘‘(A) A State program to conduct of a series 
of high-visibility, Statewide law enforcement 
campaigns in which law enforcement personnel 
monitor for impaired driving, either through use 
of check-points or saturation patrols, on a non-
discriminatory, lawful basis for the purpose of 
determining whether the operators of the motor 
vehicles are driving while under the influence of 
alcohol or controlled substances that meets the re-
quirements of subparagraphs (B) and (C). 
‘‘(B) A program meets the requirements of 
this subparagraph only if a State organizes the
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campaigns in cooperation with related national 
campaigns organized by the National Highway 
Traffic Safety Administration, but this subpara-
graph does not preclude a State from initiating 
high-visibility, Statewide law enforcement cam-
paigns independently of the cooperative efforts. 
‘‘(C) A program meets the requirements of 
this subparagraph only if, for each fiscal year, a 
State demonstrates to the Secretary that the 
State and the political subdivisions of the State 
that receive funds under this section have in-
creased, in the aggregate, the total number of im-
paired driving law enforcement activities, as de-
scribed in subparagraph (A) (or any other simi-
lar activity approved by the Secretary), initiated 
in such State during the preceding fiscal year by 
a factor that the Secretary determines meaning-
ful for the State over the number of such activi-
ties initiated in such State during the preceding 
fiscal year, which shall not be less than 5 per-
cent. 
‘‘(2) PROSECUTION
AND
ADJUDICATION
PRO-
GRAM.—For grants made during fiscal years after fis-
cal year 2004, a State prosecution and adjudication 
program under which—
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‘‘(A) judges and prosecutors are actively en-
couraged to prosecute and adjudicate cases of de-
fendants who repeatedly commit impaired driv-
ing offenses by reducing the use of State diver-
sion programs, or other means that have the ef-
fect of avoiding or expunging a permanent 
record of impaired driving in such cases; 
‘‘(B) the courts in a majority of the judicial 
jurisdictions of the State are monitored on the 
courts’ adjudication of cases of impaired driving 
offenses; or 
‘‘(C) annual Statewide outreach is provided 
for judges and prosecutors on innovative ap-
proaches to the prosecution and adjudication of 
cases of impaired driving offenses that have the 
potential for significantly improving the pros-
ecution and adjudication of such cases. 
‘‘(3) IMPAIRED
OPERATOR
INFORMATION
SYS-
TEM.— 
‘‘(A) A State impaired operator informa-
tion system that— 
‘‘(i) tracks drivers who are arrested or 
convicted for violation of laws prohibiting 
impaired operation of motor vehicles;
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‘‘(ii) includes information about each 
case of an impaired driver beginning at the 
time of arrest through case disposition, in-
cluding information about any trial, plea, 
plea agreement, conviction or other disposi-
tion, sentencing or other imposition of sanc-
tions, and substance abuse treatment; 
‘‘(iii) provides— 
‘‘(I) accessibility to the informa-
tion for law enforcement personnel 
Statewide and for United States law 
enforcement personnel; and 
‘‘(II) linkage for the sharing of the 
information and of the information in 
State traffic record systems among ju-
risdictions and appropriate agencies, 
court systems and offices of the States; 
‘‘(iv) shares information with the Na-
tional Highway Traffic Safety Administra-
tion for compilation and use for the track-
ing of impaired operators of motor vehicles 
who move from State to State; and 
‘‘(v) meets the requirements of sub-
paragraphs (B), (C), and (D) of this para-
graph, as applicable.
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‘‘(B) A program meets the requirements of 
this subparagraph only if, during fiscal years 
2004 and 2005, a State— 
‘‘(i) assesses the system used by the 
State for tracking drivers who are arrested 
or convicted for violation of laws prohib-
iting impaired operation of motor vehicles; 
‘‘(ii) identifies ways to improve the 
system, as well as to enhance the capability 
of the system to provide information in co-
ordination with impaired operator informa-
tion systems of other States; and 
‘‘(iii) develops a strategic plan that 
sets forth the actions to be taken and the re-
sources necessary to achieve the identified 
improvements and to enhance the capability 
for coordination with the systems of other 
States. 
‘‘(C) A program meets the requirements of 
this subparagraph only if, in each of fiscal years 
2006, 2007, and 2008, a State demonstrates to 
the Secretary that the State has made substan-
tial and meaningful progress in improving the 
State’s impaired operator information system,
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and makes public a report on the progress of the 
information system. 
‘‘(D) A program meets the requirements of 
this subparagraph only if, in fiscal year 2009, a 
State demonstrates to the Secretary that the 
State’s impaired operator information system 
meets the basic standards for such systems as de-
termined by the Secretary. 
‘‘(4) IMPAIRED
DRIVING
PERFORMANCE.—The 
percentage of fatally-injured drivers with 0.08 percent 
or greater blood alcohol concentration in the State has 
decreased in each of the 2 most recent calendar years. 
‘‘(5) IMPAIRED DRIVING TASK FORCE.—(A) Es-
tablishment of an impaired driving task force that in-
volves all relevant State, tribal, and local agencies re-
sponsible for reducing alcohol impairment and im-
paired driving and meets the requirements of sub-
paragraphs (B), (C), and (D). The purpose of the task 
force is to oversee efforts to reduce impaired driving 
by strengthening applicable laws, regulations, pro-
grams, and policies, and to coordinate impaired driv-
ing resources and programs among different jurisdic-
tions. The impaired driving task force shall include 
State, Tribal, and local law enforcement, motor car-
rier safety agencies, and State alcohol and drug abuse
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prevention agencies, State and local court systems, 
State drivers licensing agencies, the State highway 
safety office, and State parole and probation agencies. 
‘‘(B) In fiscal year 2004 and fiscal year 2005, 
the State shall establish a statewide impaired driving 
task force to assess the State’s impaired driving sys-
tem, identify the opportunities for improvements in 
the system, and develop a strategic plan that outlines 
the steps and resources necessary to improve the sys-
tem and enhance coordination among State and local 
agencies responsible for reducing impaired driving. 
‘‘(C) In each subsequent fiscal year, the State 
demonstrates progress in the implementation of top 
priorities of the strategic plan. 
‘‘(D) The State provides the Secretary a copy of 
the strategic plan developed under subparagraph and 
in subsequent years, a report detailing the progress of 
the strategic plan. The Secretary shall make available 
for public viewing each strategic plan and progress 
report. 
‘‘(6) IMPAIRED DRIVING COURTS.— 
‘‘(A) IN GENERAL.—A program to consoli-
date and coordinate impaired driving cases into 
courts that specialize in impaired driving cases, 
with the emphasis on tracking and processing of-
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fenders of impaired driving laws, (hereinafter re-
ferred to as DWI courts) that meets the require-
ments of this paragraph. 
‘‘(B) CHARACTERISTICS.—A DWI Court is 
a distinct function performed by a court system 
for the purpose of changing the behavior of alco-
hol or drug dependent offenders arrested for driv-
ing while impaired. A DWI Court can be a dedi-
cated court with dedicated personnel, including 
judges, prosecutors and probation officers. A 
DWI court may be an existing court system that 
serves the following essential DWI Court func-
tions: 
‘‘(i) A DWI Court performs an assess-
ment of high-risk offenders utilizing a team 
headed by the judge and including all 
criminal justice stakeholders (prosecutors, 
defense attorneys, probations officers, law 
enforcement personnel and others) along 
with alcohol/drug treatment professionals. 
‘‘(ii) The DWI Court team recommends 
a specific plea agreement or contract for 
each offender that can include incarcer-
ation, treatment, and close community su-
pervision. The agreement maximizes the
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probability of rehabilitation and minimizes 
the likelihood of recidivism. 
‘‘(iii) Compliance with the agreement 
is verified with thorough monitoring and 
frequent alcohol testing. Periodic status 
hearings assess offender progress and allow 
an opportunity for modifying the sentence 
if necessary. 
‘‘(C) ASSESSMENT.—In the first year of op-
eration, the States shall assess the number of 
court systems in its jurisdiction that are consist-
ently performing the DWI Court functions. 
‘‘(D) PLAN.—In the second year of oper-
ation, the State shall develop a strategic plan for 
increasing the number of courts performing the 
DWI function. 
‘‘(E) PROGRESS.—In subsequent years of 
operation, the State shall demonstrate progress 
in increasing the number of DWI Courts and in 
increasing the number of high-risk offenders par-
ticipating in and successfully completing DWI 
Court agreements. 
‘‘(d) USES OF GRANTS.—Grants made under this sec-
tion may be used for programs and activities described in 
subsection (c) and to defray the following costs:
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‘‘(1) Labor costs, management costs, and equip-
ment procurement costs for the high-visibility, State-
wide law enforcement campaigns under subsection 
(c)(1). 
‘‘(2) The costs of the training of law enforcement 
personnel and the procurement of technology and 
equipment, such as and including video equipment 
and passive alcohol sensors, to counter directly im-
paired operation of motor vehicles. 
‘‘(3) The costs of public awareness, advertising, 
and educational campaigns that publicize use of so-
briety check points or increased law enforcement ef-
forts to counter impaired operation of motor vehicles. 
‘‘(4) The costs of public awareness, advertising, 
and educational campaigns that target impaired op-
eration of motor vehicles by persons under 34 years 
of age. 
‘‘(5) The costs of the development and implemen-
tation of a State impaired operator information sys-
tem described in subsection (c)(3). 
‘‘(6) The costs of operating programs that im-
pound the vehicle of an individual arrested as an im-
paired operator of a motor vehicle for not less than 
12 hours after the operator is arrested.
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‘‘(e) ADDITIONAL AUTHORITIES
FOR CERTAIN AU-
THORIZED USES.— 
‘‘(1) COMBINATION
OF
GRANT
PROCEEDS.— 
Grant funds used for a campaign under subsection 
(d)(3) may be combined, or expended in coordination, 
with proceeds of grants under section 402 of this title. 
‘‘(2) COORDINATION
OF
USES.—Grant funds 
used for a campaign under paragraph (3) or (4) of 
subsection (d) may be expended— 
‘‘(A) 
in 
coordination 
with 
employers, 
schools, entities in the hospitality industry, and 
nonprofit traffic safety groups; and 
‘‘(B) in coordination with sporting events 
and concerts and other entertainment events. 
‘‘(f) FUNDING.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), grant funding under this section shall be 
allocated among eligible States on the basis of the ap-
portionment formula that applies for apportionments 
under section 402(c) of this title. 
‘‘(2) 
HIGH
FATALITY-RATE
STATES.—The 
amount of the grant funds allocated under this sub-
section to each of the 10 States with the highest im-
paired driving-related fatality rate for the most recent 
fiscal year for which the data is available preceding
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the fiscal year of the allocation shall be twice the 
amount that, except for this subparagraph, would oth-
erwise be allocated to the State under paragraph (1). 
‘‘(g) USE
OF
FUNDS
BY
HIGH
FATALITY-RATE 
STATES.— 
‘‘(1) REQUIRED
USES.—At least 
1⁄2
of the 
amounts allocated to States under subsection (f)(2) 
shall be used for the program described in subsection 
(c)(1). 
‘‘(2) REQUIREMENT FOR PLAN.—A State receiv-
ing an allocation of grant funds under subsection 
(f)(2) shall expend those funds only after consulting 
with the Administrator of the National Highway 
Traffic Safety Administration regarding such expend-
itures. 
‘‘(h) DEFINITIONS.—In this section: 
‘‘(1) IMPAIRED OPERATOR.—The term ‘impaired 
operator’ means a person who, while operating a 
motor vehicle— 
‘‘(A) has a blood alcohol content of 0.08 per-
cent or higher; or 
‘‘(B) is under the influence of a controlled 
substance. 
‘‘(2) 
IMPAIRED
DRIVING-RELATED
FATALITY 
RATE.—The term ‘impaired driving-related fatality
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rate’ means the rate of the fatal accidents that involve 
impaired drivers while operating motor vehicles, as 
calculated in accordance with regulations which the 
Administrator of the National Highway Traffic Safe-
ty Administration shall prescribe.’’. 
(c) NHTSA TO ISSUE REGULATIONS.—Not later than 
12 months after the date of enactment of the Highway Safe-
ty Grant Program Reauthorization Act of 2004, the Na-
tional Highway Traffic Safety Administration shall issue 
guidelines to the States specifying the types and formats 
of data that States should collect relating to drivers who 
are arrested or convicted for violation of laws prohibiting 
the impaired operation of motor vehicles. 
SEC. 4111. STATE TRAFFIC SAFETY INFORMATION SYSTEM 
IMPROVEMENTS. 
(a) GRANT PROGRAM AUTHORITY.—Chapter 4 is 
amended by adding at the end the following: 
‘‘§ 412. State traffic safety information system im-
provements 
‘‘(a) GRANT AUTHORITY.—Subject to the requirements 
of this section, the Secretary shall make grants of financial 
assistance to eligible States to support the development and 
implementation of effective programs by such States to— 
‘‘(1) improve the timeliness, accuracy, complete-
ness, uniformity, integration, and accessibility of the
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safety data of the State that is needed to identify pri-
orities for national, State, and local highway and 
traffic safety programs; 
‘‘(2) evaluate the effectiveness of efforts to make 
such improvements; 
‘‘(3) link the State data systems, including traf-
fic records, with other data systems within the State, 
such as systems that contain medical, roadway, and 
economic data; and 
‘‘(4) improve the compatibility and interoper-
ability of the data systems of the State with national 
data systems and data systems of other States and en-
hance the ability of the Secretary to observe and ana-
lyze national trends in crash occurrences, rates, out-
comes, and circumstances. 
‘‘(b) FIRST-YEAR GRANTS.— 
‘‘(1) ELIGIBILITY.—To be eligible for a first-year 
grant under this section in a fiscal year, a State shall 
demonstrate to the satisfaction of the Secretary that 
the State has— 
‘‘(A) established a highway safety data and 
traffic records coordinating committee with a 
multidisciplinary membership that includes, 
among others, managers, collectors, and users of
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traffic records and public health and injury con-
trol data systems; and 
‘‘(B) developed a multiyear highway safety 
data and traffic records system strategic plan 
that addresses existing deficiencies in the State’s 
highway safety data and traffic records system, 
is approved by the highway safety data and traf-
fic records coordinating committee, and— 
‘‘(i) specifies how existing deficiencies 
in the State’s highway safety data and traf-
fic records system were identified; 
‘‘(ii) prioritizes, on the basis of the 
identified highway safety data and traffic 
records system deficiencies, the highway 
safety data and traffic records system needs 
and goals of the State, including the activi-
ties under subsection (a); 
‘‘(iii) 
identifies 
performance-based 
measures by which progress toward those 
goals will be determined; and 
‘‘(iv) specifies how the grant funds and 
any other funds of the State are to be used 
to address needs and goals identified in the 
multiyear plan.
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‘‘(2) GRANT
AMOUNT.—Subject to subsection 
(d)(3), the amount of a first-year grant to a State for 
a fiscal year shall the higher of— 
‘‘(A) the amount determined by multi-
plying— 
‘‘(i) the amount appropriated to carry 
out this section for such fiscal year, by 
‘‘(ii) the ratio that the funds appor-
tioned to the State under section 402 of this 
title for fiscal year 2003 bears to the funds 
apportioned to all States under such section 
for fiscal year 2003; or 
‘‘(B) $300,000. 
‘‘(c) SUCCESSIVE YEAR GRANTS.— 
‘‘(1) ELIGIBILITY.—A State shall be eligible for 
a grant under this subsection in a fiscal year suc-
ceeding the first fiscal year in which the State re-
ceives a grant under subsection (b) if the State, to the 
satisfaction of the Secretary— 
‘‘(A) submits an updated multiyear plan 
that meets the requirements of subsection 
(b)(1)(B); 
‘‘(B) certifies that its highway safety data 
and traffic records coordinating committee con-
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tinues to operate and supports the multiyear 
plan; 
‘‘(C) specifies how the grant funds and any 
other funds of the State are to be used to address 
needs and goals identified in the multiyear plan; 
‘‘(D) demonstrates measurable progress to-
ward achieving the goals and objectives identi-
fied in the multiyear plan; and 
‘‘(E) includes a current report on the 
progress in implementing the multiyear plan. 
‘‘(2) GRANT
AMOUNT.—Subject to subsection 
(d)(3), the amount of a year grant made to a State 
for a fiscal year under this subsection shall equal the 
higher of— 
‘‘(A) the amount determined by multi-
plying— 
‘‘(i) the amount appropriated to carry 
out this section for such fiscal year, by 
‘‘(ii) the ratio that the funds appor-
tioned to the State under section 402 of this 
title for fiscal year 2003 bears to the funds 
apportioned to all States under such section 
for fiscal year 2003; or 
‘‘(B) $500,000.
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‘‘(d) ADDITIONAL
REQUIREMENTS
AND
LIMITA-
TIONS.— 
‘‘(1) MODEL DATA ELEMENTS.—The Secretary, 
in consultation with States and other appropriate 
parties, shall determine the model data elements that 
are useful for the observation and analysis of State 
and national trends in occurrences, rates, outcomes, 
and circumstances of motor vehicle traffic accidents. 
In order to be eligible for a grant under this section, 
a State shall submit to the Secretary a certification 
that the State has adopted and uses such model data 
elements, or a certification that the State will use 
grant funds provided under this section toward 
adopting and using the maximum number of such 
model data elements as soon as practicable. 
‘‘(2) DATA ON USE OF ELECTRONIC DEVICES.— 
The model data elements required under paragraph 
(1) shall include data elements, as determined appro-
priate by the Secretary in consultation with the 
States and with appropriate elements of the law en-
forcement community, on the impact on traffic safety 
of the use of electronic devices while driving. 
‘‘(3) MAINTENANCE OF EFFORT.—No grant may 
be made to a State under this section in any fiscal 
year unless the State enters into such agreements with
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the Secretary as the Secretary may require to ensure 
that the State will maintain its aggregate expendi-
tures from all other sources for highway safety data 
programs at or above the average level of such expend-
itures maintained by such State in the 2 fiscal years 
preceding the date of enactment of the Highway Safe-
ty Grant Program Reauthorization Act of 2003. 
‘‘(4) FEDERAL SHARE.—The Federal share of the 
cost of adopting and implementing in a fiscal year a 
State program described in subsection (a) may not 
exceed 80 percent. 
‘‘(5) LIMITATION
ON
USE
OF
GRANT
PRO-
CEEDS.—A State may use the proceeds of a grant re-
ceived under this section only to implement the pro-
gram described in subsection (a) for which the grant 
is made. 
‘‘(e) APPLICABILITY OF CHAPTER 1.—Section 402(d) 
of this title shall apply in the administration of this sec-
tion.’’. 
(b) CLERICAL AMENDMENT.—The chapter analysis for 
chapter 4 is amended by adding at the end the following: 
‘‘412. State traffic safety information system improvements.’’. 
SEC. 4112. NHTSA ACCOUNTABILITY. 
(a) IN GENERAL.—Chapter 4, as amended by section 
4111, is amended by adding at the end the following:
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‘‘§ 413. Agency accountability 
‘‘(a) TRIENNIAL STATE MANAGEMENT REVIEWS.—At 
least once every 3 years the National Highway Traffic Safe-
ty Administration shall conduct a review of each State 
highway safety program. The review shall include a man-
agement evaluation of all grant programs partially or fully 
funded under this title. The Administrator shall provide re-
view-based recommendations on how each State may im-
prove the management and oversight of its grant activities 
and may provide a management and oversight plan. 
‘‘(b) RECOMMENDATIONS BEFORE SUBMISSION.—In 
order to provide guidance to State highway safety agencies 
on matters that should be addressed in the State highway 
safety program goals and initiatives as part of its highway 
safety plan before the plan is submitted for review, the Ad-
ministrator shall provide non-binding data-based rec-
ommendations to each State at least 90 days before the date 
on which the plan is to be submitted for approval. 
‘‘(c) STATE PROGRAM REVIEW.—The Administrator 
shall— 
‘‘(1) conduct a program improvement review of 
any State that does not make substantial progress 
over a 3-year period in meeting its priority program 
goals; and
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‘‘(2) provide technical assistance and safety pro-
gram recommendations to the State for any goal not 
achieved. 
‘‘(d) REGIONAL HARMONIZATION.—The Administra-
tion and the Inspector General of the Department of Trans-
portation shall undertake a State grant administrative re-
view of the practices and procedures of the management re-
views and program reviews conducted by Administration 
regional offices and formulate a report of best practices to 
be completed within 180 days after the date of enactment 
of the Highway Safety Grant Program Reauthorization Act 
of 2004. 
‘‘(e) BEST PRACTICES GUIDELINES.— 
‘‘(1) UNIFORM
GUIDELINES.—The Administra-
tion shall issue uniform management review and pro-
gram review guidelines based on the report under sub-
section (d). Each regional office shall use the guide-
lines in executing its State administrative review du-
ties. 
‘‘(2) PUBLICATION.—The Administration shall 
make the following documents available via the Inter-
net upon their completion: 
‘‘(A) The Administration’s management re-
view and program review guidelines. 
‘‘(B) State highway safety plans.
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‘‘(C) State annual accomplishment reports. 
‘‘(D) The Administration’s State manage-
ment reviews. 
‘‘(E) The Administration’s State program 
improvement plans. 
‘‘(3) REPORTS
TO
STATE
HIGHWAY
SAFETY 
AGENCIES.—The Administrator may not make a 
plan, report, or review available under paragraph (2) 
that is directed to a State highway safety agency 
until after it has been submitted to that agency. 
‘‘(f) GENERAL ACCOUNTING OFFICE REVIEW.—The 
General Accounting Office shall analyze the effectiveness of 
the National Highway Traffic Safety Administration’s 
oversight of traffic safety grants by seeking to determine the 
usefulness of the Administration’s advice to the States re-
garding grants administration and State activities, the ex-
tent to which the States incorporate the Administration’s 
recommendation into their highway safety plans and pro-
grams, and improvements that result in a State’s highway 
safety program that may be attributable to the Administra-
tion’s recommendations. Based on this analysis, the General 
Accounting Office shall submit a report by not later than 
the end of fiscal year 2008 to the House of Representatives 
Committee on Transportation and Infrastructure and the
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Senate Committee on Commerce, Science, and Transpor-
tation.’’. 
(b) CONFORMING AMENDMENT.—The chapter analysis 
for chapter 4, as amended by section 4111, is amended by 
inserting after the item relating to section 412 the following: 
‘‘413. Agency accountability.’’. 
PART II—SPECIFIC VEHICLE SAFETY-RELATED 
RULINGS 
SEC. 4151. AMENDMENT OF TITLE 49, UNITED STATES CODE. 
Except as otherwise specifically provided, whenever in 
this subpart an amendment is expressed in terms of an 
amendment to a section or other provision of law, the ref-
erence shall be considered to be made to a section or other 
provision of title 49, United States Code. 
SEC. 4152. VEHICLE CRASH EJECTION PREVENTION. 
(a) IN GENERAL.—Subchapter II of chapter 301 is 
amended by adding at the end the following: 
‘‘§ 30128. Vehicle accident ejection protection 
‘‘(a) IN GENERAL.—The Secretary of Transportation 
shall prescribe a safety standard under this chapter or up-
grade existing Federal motor vehicle safety standards to re-
duce complete and partial occupant ejection from motor ve-
hicles with a gross vehicle weight rating of not more than 
10,000 pounds that are involved in accidents that present 
a risk of occupant ejection. In formulating the safety stand-
ard, the Secretary shall consider the ejection-mitigation ca-
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pabilities of safety technologies, such as advanced side glaz-
ing, side curtains, and side impact air bags. 
‘‘(b) DOOR LOCK AND RETENTION STANDARD.—The 
Secretary shall upgrade Federal Motor Vehicle Safety 
Standard No. 206 to require manufacturers of new motor 
vehicles with a gross vehicle weight rating of not more than 
10,000 pounds that are distributed in commerce for sale in 
the United States to make such modifications to door locks, 
door latches, and retention components of doors in such ve-
hicles as the Secretary determines to be necessary to reduce 
occupant ejection from such vehicles in motor vehicle acci-
dents.’’. 
(b) RULEMAKING DEADLINES.— 
(1) RULEMAKING.—The Secretary of Transpor-
tation shall issue— 
(A) a notice of a proposed rulemaking 
under section 30128 of title 49, United States 
Code, not later than June 30, 2006; and 
(B) a final rule under that section not later 
than 18 months after the publication of the no-
tice of proposed rulemaking. 
(2) EFFECTIVE
DATE
OF
REQUIREMENTS.—In 
the final rule, the Secretary shall set forth effective 
dates for the requirements contained in the rule.
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(c) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to the Secretary of Transpor-
tation $500,000 for each of fiscal years 2004 and 2005 to 
promulgate rules under section 30128 of title 49, United 
States Code. 
(d) CONFORMING AMENDMENT.—The chapter analysis 
for chapter 301 is amended by inserting after the item relat-
ing to section 30127 the following: 
‘‘30128. Vehicle accident ejection protection.’’. 
SEC. 4153. VEHICLE BACKOVER AVOIDANCE TECHNOLOGY 
STUDY. 
(a) IN GENERAL.—The Administrator of the National 
Highway Traffic Safety Administration shall conduct a 
study of effective methods for reducing the incidence of in-
jury and death outside of parked passenger motor vehicles 
with a gross vehicle weight rating of not more than 10,000 
pounds attributable to movement of such vehicles. The Ad-
ministrator shall complete the study within 1 year after 
the date of enactment of this Act and report its findings 
to the Senate Committee on Commerce, Science, and Trans-
portation and the House of Representatives Committee on 
Energy and Commerce not later than 5 months after the 
date of enactment of this Act. 
(b) SPECIFIC ISSUES TO BE COVERED.—The study re-
quired by subsection (a) shall—
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(1) include an analysis of backover prevention 
technology; 
(2) identify, evaluate, and compare the available 
technologies for detecting people or objects behind a 
motor vehicle with a gross vehicle weight rating of not 
more than 10,000 pounds for their accuracy, effective-
ness, cost, and feasibility for installation; and 
(3) provide an estimate of cost savings that 
would result from widespread use of backover preven-
tion devices and technologies in motor vehicles with a 
gross vehicle weight rating of not more than 10,000 
pounds, including savings attributable to the preven-
tion of— 
(A) injuries and fatalities; and 
(B) damage to bumpers and other motor ve-
hicle parts and damage to other objects. 
SEC. 4154. VEHICLE BACKOVER DATA COLLECTION. 
In conjunction with the study required in section 4153, 
the National Highway Traffic Safety Administration may 
establish a method to collect and maintain data on the 
number and types of injuries and deaths involving motor 
vehicles with a gross vehicle weight rating of not more than 
10,000 pounds in non-traffic, non-accident incidents to as-
sist in the analysis required in section 4153 of this Act re-
garding the inclusion of backover prevention technologies in
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motor vehicles with a gross vehicle weight rating of not more 
than 10,000 pounds. 
SEC. 4155. AGGRESSIVITY AND INCOMPATIBILITY REDUC-
TION STANDARD. 
(a) IN GENERAL.—Subchapter II of chapter 301, as 
amended by section 4152, is amended by adding at the end 
the following: 
‘‘§ 30129. Vehicle incompatibility and aggressivity re-
duction standard 
‘‘(a) IN GENERAL.—The Secretary of Transportation 
shall issue motor vehicle safety standards to reduce vehicle 
incompatibility and aggressivity for motor vehicles with a 
gross vehicle weight rating of not more than 10,000 pounds. 
In formulating the standards, the Secretary shall consider 
factors such as bumper height, weight, and any other design 
characteristics necessary to ensure better management of 
crash forces in frontal and side impact crashes among dif-
ferent types, sizes, and weights of motor vehicles with a 
gross vehicle weight rating of not more than 10,000 pounds 
in order to reduce occupant deaths and injuries. 
‘‘(b) STANDARDS.—The Secretary shall develop a 
standard rating metric to evaluate compatibility and 
aggressivity among motor vehicles with a gross vehicle 
weight rating of not more than 10,000 pounds.
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‘‘(c) PUBLIC INFORMATION.—The Secretary shall cre-
ate a public information program that includes vehicle rat-
ings based on risks posed by vehicle incompatibility and 
aggressivity to occupants, risks posed by vehicle incompati-
bility and agressivity to other motorists, and combined risks 
posed by vehicle incompatibility and agressivity by vehicle 
make and model.’’. 
(b) RULEMAKING DEADLINES.— 
(1) RULEMAKING.—The Secretary of Transpor-
tation shall issue— 
(A) a notice of a proposed rulemaking 
under section 30129 of title 49, United States 
Code, not later than January 31, 2007; and 
(B) a final rule under that section not later 
than 18 months after the publication of the no-
tice of proposed rulemaking. 
(2) EFFECTIVE
DATE
OF
REQUIREMENTS.—In 
the final rule, the Secretary shall set forth effective 
dates for the requirements contained in the rule. 
(c) CONFORMING AMENDMENT.—The chapter analysis 
for chapter 301 is amended by inserting after the item relat-
ing to section 30128 the following: 
‘‘30129. Vehicle incompatibility and aggressivity reduction standard.’’.
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SEC. 4156. IMPROVED CRASHWORTHINESS. 
(a) IMPROVED CRASHWORTHINESS.—Subchapter II of 
chapter 301, as amended by section 4155, is amended by 
adding at the end the following: 
‘‘§ 30130. Improved crashworthiness of motor vehicles 
‘‘(a) ROLLOVERS.— 
‘‘(1) IN GENERAL.—The Secretary of Transpor-
tation shall prescribe a motor vehicle safety standard 
under this chapter for rollover crashworthiness stand-
ards for motor vehicles with a gross weight rating of 
not more than 10,000 pounds. In formulating the 
safety standard, the Secretary shall consider the pre-
scription of a roof strength standard based on dy-
namic tests that realistically duplicate the actual 
forces transmitted to a passenger motor vehicle during 
an on-roof rollover crash, and shall consider safety 
technologies and design improvements such as— 
‘‘(A) improved seat structure and safety belt 
design, including seat belt pretensioners; 
‘‘(B) side impact head protection airbags; 
and 
‘‘(C) roof injury protection measures. 
‘‘(2) ROLLOVER
RESISTANCE
STANDARD.—The 
Secretary shall prescribe a motor vehicle safety stand-
ard under this chapter to improve on the basic design 
characteristics of motor vehicles with a gross vehicle
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weight rating of not more than 10,000 pounds to in-
crease their resistance to rollover. The Secretary shall 
also consider additional technologies to improve the 
handling of motor vehicles with a gross vehicle weight 
rating of not more than 10,000 pounds and thereby 
reduce the likelihood of vehicle instability and roll-
overs. 
‘‘(3) STUDY.—The Secretary shall conduct a 
study on electronic stability control systems and other 
technologies designed to improve the handling of 
motor vehicles with a gross vehicle weight rating of 
not more than 10,000 pounds and shall report the re-
sults of that study to the Senate Committee on Com-
merce, Science, and Transportation and the House of 
Representatives Committee on Transportation and 
Infrastructure by December 31, 2005. 
‘‘(b) FRONTAL
IMPACT
STANDARDS
AND
CRASH 
TESTS.— 
‘‘(1) IN GENERAL.—The Secretary shall prescribe 
a motor vehicle safety standard under this chapter or 
upgrade existing Federal motor vehicle safety stand-
ards to improve the protection of occupants in frontal 
impact crashes involving motor vehicles with a gross 
vehicle weight rating of not more than 10,000 pounds.
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‘‘(2) TEST METHODOLOGY.—In determining the 
standard under paragraph (1), the Secretary shall— 
‘‘(A) evaluate additional test barriers and 
measurements of occupant head impact and neck 
injuries; and 
‘‘(B) review frontal impact criteria, includ-
ing consideration of criteria established by the 
Insurance Institute for Highway Safety. 
‘‘(c) SIDE IMPACT STANDARDS AND CRASH TESTS.— 
‘‘(1) IN GENERAL.—The Secretary shall prescribe 
a motor vehicle safety standard under this chapter or 
upgrade existing Federal motor vehicle safety stand-
ards to improve the protection afforded to occupants 
in side impact crashes involving motor vehicles with 
a gross vehicle weight rating of not more than 10,000 
pounds. 
‘‘(2) TEST METHODOLOGY.—In prescribing the 
standard under paragraph (1), the Secretary shall— 
‘‘(A) evaluate additional test barriers and 
measurements of occupant head impact and neck 
injuries; 
‘‘(C) consider the need for additional and 
new crash test dummies that represent the full 
range of occupant sizes and weights; and
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‘‘(D) review side impact criteria, including 
consideration of criteria established by the Insur-
ance Institute for Highway Safety.’’. 
(b) RULEMAKING DEADLINES.— 
(1) RULEMAKING.—The Secretary of Transpor-
tation shall— 
(A) issue a notice of a proposed rulemaking 
under section 30130 of title 49, United States 
Code, not later than June 30, 2006; and 
(B) issue a final rule not later than 18 
months after publication of the notice of pro-
posed rulemaking. 
(2) EFFECTIVE
DATE
OF
REQUIREMENTS.—In 
the final rule, the Secretary shall set forth effective 
dates for the requirements contained in this rule. 
(c) CONFORMING AMENDMENT.—The chapter analysis 
for chapter 301 is amended by inserting after the item relat-
ing to section 30129 the following: 
‘‘30130. Improved crashworthiness of passenger motor vehicles.’’. 
SEC. 4157. 15-PASSENGER VANS. 
(a) IN GENERAL.—The Secretary of Transportation 
shall initiate a rulemaking and issue a final regulation not 
later than September 31, 2005, to include all 15-passenger 
vans with a gross vehicle weight rating of not more than 
10,000 pounds in the National Highway Traffic Safety Ad-
ministration’s dynamic rollover testing program and re-
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quire such vans to comply with all existing and prospective 
Federal Motor Vehicle Safety Standards for occupant pro-
tection and vehicle crash avoidance that are relevant to such 
vehicles. 
(b) NEW CAR ASSESSMENT PROGRAM.—The Secretary 
shall initiate a rulemaking and issue a final regulation not 
later than September 31, 2005, to include all 15-passenger 
vans with a gross vehicle weight of not more than 10,000 
pounds in the Administration’s New Car Assessment Pro-
gram rollover resistance program. 
(c) VEHICLE CONTROL TECHNOLOGY
FOR 15-PAS-
SENGER VANS.—The National Highway Traffic Safety Ad-
ministration shall evaluate and test the potential of techno-
logical systems, particularly electronic stability control sys-
tems and rollover warning systems, to assist drivers in 
maintaining control of 15-passenger vans with a gross vehi-
cle weight rating of not more than 10,000 pounds. 
(d) CERTAIN SPECIALIZED VEHICLES EXCLUDED.—In 
this section, the term ‘‘15-passenger van’’ does not include 
an ambulance, tow truck, or other vehicle designed pri-
marily for the transportation of property or special purpose 
equipment.
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SEC. 4158. ADDITIONAL SAFETY PERFORMANCE CRITERIA 
FOR TIRES. 
(a) STRENGTH AND ROAD HAZARD PROTECTION.— 
The Secretary of Transportation shall issue a final rule to 
upgrade Federal Motor Vehicle Safety Standard No. 139 to 
include strength and road hazard protection safety perform-
ance criteria for light vehicle tires, which are criteria that 
were not addressed in the June 2003 final rule mandated 
by the Transportation Recall Enhancement, Accountability, 
and Documentation Act of 2000. 
(b) RESISTANCE TO BEAD UNSEATING AND AGING.— 
The Secretary of Transportation shall issue a final rule to 
upgrade Federal Motor Vehicle Safety Standard No. 139 to 
include resistance to bead unseating and aging safety per-
formance criteria for passenger motor vehicle tires, which 
are criteria that were not addressed in the June, 2003, final 
rule mandated by the Transportation Recall Enhancement, 
Accountability, and Documentation Act of 2000. 
(c) RULEMAKING
DEADLINES.—The Secretary of 
Transportation shall— 
(1) issue a notice of proposed rulemaking under 
subsection (a) not later than June 30, 2005, and 
under subsection(b) not later than December 31, 2005; 
and 
(2) issue a final rule relating to subsection (a) 
not later than 18 months after June 30, 2005, and a
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final rule under subsection (b) not later than 18 
months after December 31, 2005. 
(d) TECHNOLOGY USE AND REPORT.—The Secretary 
shall reconsider the use of shearography analysis, on a sam-
pling basis, for regulatory compliance and the Adminis-
trator of the National Highway Traffic Safety Administra-
tion shall report to the Senate Committee on Commerce, 
Science, and Transportation and the House of Representa-
tives Committee on Transportation and Infrastructure on 
the most cost effective methods of using such technology 
within 2 years after the date of enactment of the Highway 
Safety Grant Program Reauthorization Act of 2004. 
SEC. 4159. SAFETY BELT USE REMINDERS. 
(a) NOTICE OF PROPOSED RULES TO ENCOURAGE 
MORE SEAT BELT USE.—Not later than 12 months after 
the date of enactment of this Act, the Secretary of Transpor-
tation shall issue a Notice of Proposed Rulemaking to 
amend the Federal Motor Vehicle Safety Standard No. 208 
for motor vehicles with a gross vehicle weight rating of not 
more than 10,000 pounds to encourage increased seat belt 
usage by drivers and passengers. The proposed rulemaking 
shall take into account the potential safety benefits and pub-
lic acceptability of alternative means to encourage increased 
seat belt usage, including intermittent or continuous audi-
ble or visual reminders when a driver or passenger is not
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wearing a seat belt, features to prevent operation of conven-
ience or entertainment features of the vehicle when a driver 
or passenger is not wearing a seat belt, and shall consider 
technology, including but not limited to technology identi-
fied by the National Academy of Sciences in its study of 
the potential benefits of seat belt usage reminder tech-
nologies. 
(b) FINAL RULE.—Not later than 24 months after the 
date of enactment of this Act, the Secretary shall issue the 
final rule required by subsection (a). 
(c) BUZZER LAW.— 
(1) IN GENERAL.—Section 30124 is amended— 
(A) by striking ‘‘not’’ the first place it ap-
pears; and 
(B) by striking ‘‘except’’ and inserting ‘‘in-
cluding’’. 
(2) CONFORMING
AMENDMENT.—Section 30122 
is amended by striking subsection (d). 
SEC. 4160. MISSED DEADLINES REPORTS. 
(a) IN GENERAL.—If the Secretary of Transportation 
fails to meet any rulemaking deadline established in this 
subtitle, the Secretary shall transmit a report to the Senate 
Committee on Commerce, Science, and Transportation and 
the House of Representatives Committee on Transportation
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and Infrastructure within 90 days after missing the dead-
line— 
(1) explaining why the Secretary failed to meet 
the deadline; and 
(2) setting forth a date by which the Secretary 
anticipates that the rulemaking will be made. 
(b) CONSIDERATION OF EFFECTS.—The Secretary of 
Transportation shall consider and report the potential con-
sequences, in terms of the number of deaths and the number 
and severity of injuries, that may result from not meeting 
any such deadline. 
SEC. 4161. GRANTS FOR IMPROVING CHILD PASSENGER 
SAFETY PROGRAMS. 
(a) IN GENERAL.—Chapter 4 of title 23, United States 
Code, as amended by section 4112 of this Act, is amended 
by adding at the end the following: 
‘‘§ 414. Booster seat incentive grants 
‘‘(a) IN GENERAL.—The Secretary of Transportation 
shall make a grant under this section to any eligible State. 
‘‘(b) ELIGIBILITY REQUIREMENTS.— 
‘‘(1) IN GENERAL.—The Secretary shall make a 
grant to each State that, as determined by the Sec-
retary, enacts or has enacted, and is enforcing a law 
requiring that children riding in passenger motor ve-
hicles (as defined in section 405(d)(4)) who are too
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large to be secured in a child safety seat be secured 
in a child restraint (as defined in section 7(1) of 
Anton’s Law (49 U.S.C. 30127 note)) that meets re-
quirements prescribed by the Secretary under section 
3 of Anton’s Law. 
‘‘(2) YEAR IN WHICH FIRST ELIGIBLE.— 
‘‘(A) EARLY QUALIFICATION.—A State that 
has enacted a law described in paragraph (1) 
that is in effect before October 1, 2005, is first 
eligible to receive a grant under subsection (a) in 
fiscal year 2006. 
‘‘(B) 
SUBSEQUENT
QUALIFICATION.—A 
State that enacts a law described in paragraph 
(1) that takes effect after September 30, 2005, is 
first eligible to receive a grant under subsection 
(a) in the first fiscal year beginning after the 
date on which the law is enacted. 
‘‘(3) CONTINUING ELIGIBILITY.—A State that is 
eligible under paragraph (1) to receive a grant may 
receive a grant during each fiscal year listed in sub-
section (f) in which it is eligible. 
‘‘(4) MAXIMUM NUMBER OF GRANTS.—A State 
may not receive more than 4 grants under this sec-
tion.
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‘‘(c) GRANT AMOUNT.—Amounts available for grants 
under this section in any fiscal year shall be apportioned 
among the eligible States on the basis of population. 
‘‘(d) USE OF GRANT AMOUNTS.— 
‘‘(1) IN GENERAL.—Of the amounts received by 
a State under this section for any fiscal year— 
‘‘(A) 50 percent shall be used for the en-
forcement of, and education to promote public 
awareness of, State child passenger protection 
laws; and 
‘‘(B) 50 percent shall be used to fund pro-
grams that purchase and distribute child booster 
seats, child safety seats, and other appropriate 
passenger motor vehicle child restraints to indi-
gent families without charge. 
‘‘(2) REPORT.—Within 60 days after the State 
fiscal year in which a State receives a grant under 
this section, the State shall transmit to the Secretary 
a report documenting the manner in which grant 
amounts were obligated or expended and identifying 
the specific programs supports by grant funds. The 
report shall be in a form prescribed by the Secretary 
and may be combined with other State grant report-
ing requirements under this chapter.
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‘‘(e) DEFINITION OF CHILD SAFETY SEAT.—The term 
‘child safety seat’ means any device (except safety belts (as 
such term is defined in section 405(d)(5)), designed for use 
in a motor vehicle (as such term is defined in section 
405(d)(1)) to restrain, seat, or position a child who weighs 
50 pounds or less. 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to the Secretary of Transpor-
tation, out of the Highway Trust Fund— 
‘‘(1) $18,000,000 for fiscal year 2006; 
‘‘(2) $20,000,000 for fiscal year 2007; 
‘‘(3) $25,000,000 for fiscal year 2008; and 
‘‘(4) $30,000,000 for fiscal year 2009.’’. 
(b) CLERICAL AMENDMENT.—The chapter analysis for 
chapter 4 of title 23, United States Code, is amended by 
inserting after the item relating to section 411 the following: 
‘‘414. Booster seat incentive grants.’’. 
SEC. 4162. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to the Sec-
retary of Transportation to carry out this subtitle and 
chapter 301 of title 49, United States Code— 
(1) $130,500,000 for fiscal year 2004; 
(2) $133,500,000 for fiscal year 2005; 
(3) $133,600,000 for fiscal year 2006; 
(4) $134,500,000 for fiscal year 2007; 
(5) $138,000,000 for fiscal year 2008; and
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(6) $141,000,000 for fiscal year 2009. 
PART III—MISCELLANEOUS PROVISIONS 
SEC. 4171. DRIVER LICENSING AND EDUCATION. 
(a) NATIONAL OFFICE OF DRIVER LICENSING AND 
EDUCATION.—Section 105 of title 49, United States Code, 
is amended by adding at the end the following new sub-
section: 
‘‘(f)(1) There is a National Office of Driver Licensing 
and Education in the National Highway Traffic Safety Ad-
ministration. 
‘‘(2) The head of the National Office of Driver Licens-
ing and Education is the Director. 
‘‘(3) The functions of the National Office of Driver Li-
censing and Education are as follows: 
‘‘(A) To provide States with services for coordi-
nating the motor vehicle driver training and licensing 
programs of the States. 
‘‘(B) To develop and make available to the States 
a recommended comprehensive model for motor vehicle 
driver education and graduated licensing that incor-
porates the best practices in driver education and 
graduated licensing, including best practices with re-
spect to— 
‘‘(i) vehicle handling and crash avoidance; 
‘‘(ii) driver behavior and risk reduction;
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‘‘(iii) roadway features and associated safe-
ty implications; 
‘‘(iv) roadway interactions involving all 
types of vehicles and road users, such as car- 
truck and pedestrian-car interactions; 
‘‘(v) parent education; and 
‘‘(vi) other issues identified by the Director. 
‘‘(C) To carry out such research (pursuant to co-
operative agreements or otherwise) and undertake 
such other activities as the Director determines appro-
priate to develop and, on an ongoing basis, improve 
the recommended comprehensive model. 
‘‘(D) To provide States with technical assistance 
for the implementation and deployment of the motor 
vehicle driver education and licensing comprehensive 
model recommended under subparagraph (B). 
‘‘(E) To develop and recommend to the States 
methods for harmonizing the presentation of motor 
vehicle driver education and licensing with the re-
quirements of multistage graduated licensing systems, 
including systems described in section 410(c)(4) of 
title 23, and to demonstrate and evaluate the effective-
ness of those methods in selected States. 
‘‘(F) To assist States with the development and 
implementation of programs to certify driver edu-
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cation instructors, including the development and im-
plementation of proposed uniform certification stand-
ards. 
‘‘(G) To provide States with financial assistance 
under section 412 of title 23 for— 
‘‘(i) the implementation of the motor vehicle 
driver education and licensing comprehensive 
model recommended under subparagraph (B); 
‘‘(ii) the establishment or improved admin-
istration of multistage graduated licensing sys-
tems; and 
‘‘(iii) the support of other improvements in 
motor vehicle driver education and licensing pro-
grams. 
‘‘(H) To evaluate the effectiveness of the com-
prehensive model recommended under subparagraph 
(B). 
‘‘(I) To examine different options for delivering 
driver education in the States. 
‘‘(J) To perform such other functions relating to 
motor vehicle driver education or licensing as the Sec-
retary may require. 
‘‘(4) Not later than 42 months after the date of the 
enactment of the Safe, Accountable, Flexible, and Efficient 
Transportation Equity Act of 2004, the Director shall sub-
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mit to Congress a report on the progress made by the Na-
tional Office of Driver Licensing and Education with re-
spect to the functions under paragraph (3).’’. 
(b) GRANT PROGRAM FOR IMPROVEMENT OF DRIVER 
EDUCATION AND LICENSING.— 
(1) AUTHORITY.— 
(A) IN GENERAL.—Chapter 4 of title 23, 
United States Code, is amended by adding at the 
end the following new section: 
‘‘SEC. 412. DRIVER EDUCATION AND LICENSING. 
‘‘(a) AUTHORITY.— 
‘‘(1) IN
GENERAL.—The Secretary shall carry 
out a program to provide States, by grant, with fi-
nancial assistance to support the improvement of 
motor vehicle driver education programs and the es-
tablishment and improved administration of grad-
uated licensing systems, including systems described 
in section 410(c)(4) of this title. 
‘‘(2) ADMINISTRATIVE
OFFICE.—The Secretary 
shall administer the program under this section 
through the Director of the National Office of Driver 
Licensing and Education. 
‘‘(b) ELIGIBILITY REQUIREMENTS.— 
‘‘(1) REGULATIONS.—The Secretary shall pre-
scribe in regulations the eligibility requirements, ap-
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plication and approval procedures and standards, 
and authorized uses of grant proceeds for the grant 
program under this section. The regulations shall, at 
a minimum, authorize use of grant proceeds for the 
following activities: 
‘‘(A) Quality assurance testing, including 
follow-up testing to monitor the effectiveness of— 
‘‘(i) driver licensing and education 
programs; 
‘‘(ii) instructor certification testing; 
and 
‘‘(iii) other statistical research de-
signed to evaluate the performance of driver 
education and licensing programs. 
‘‘(B) Improvement of motor vehicle driver 
education curricula. 
‘‘(C) Training of instructors for motor vehi-
cle driver education programs. 
‘‘(D) Testing and evaluation of motor vehi-
cle driver performance. 
‘‘(E) Public education and outreach regard-
ing motor vehicle driver education and licensing. 
‘‘(F) Improvements with respect to State 
graduated licensing programs, as well as related 
enforcement activities.
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‘‘(2) CONSULTATION
REQUIREMENT.—In pre-
scribing the regulations, the Secretary shall consult 
with the following: 
‘‘(A) The Administrator of the National 
Highway Traffic Safety Administration. 
‘‘(B) The heads of such other departments 
and agencies of the United States as the Sec-
retary considers appropriate on the basis of rel-
evant interests or expertise. 
‘‘(C) Appropriate officials of the govern-
ments of States and political subdivisions of 
States. 
‘‘(D) Other relevant experts. 
‘‘(c) MAXIMUM AMOUNT OF GRANT.—The maximum 
amount of a grant of financial assistance for a program, 
project, or activity under this section may not exceed 75 
percent of the total cost of such program, project, or activ-
ity.’’. 
(B) CLERICAL AMENDMENT.—The table of 
sections at the beginning of such chapter is 
amended by adding at the end the following new 
item: 
‘‘412. Driver education and licensing.’’. 
(2) TIME
FOR
PROMULGATION
OF
REGULA-
TIONS.—The Secretary of Transportation shall pro-
mulgate the regulations under section 412(b) of title
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23, United States Code (as added by paragraph (1)), 
not later than October 1, 2005. 
(c) GRANT PROGRAM FOR PUBLIC AWARENESS OF 
ORGAN DONATION THROUGH DRIVER LICENSING PRO-
GRAMS.— 
(1) AUTHORITY.— 
(A) IN GENERAL.—Chapter 4 of title 23, 
United States Code (as amended by subsection 
(b)), is further amended by adding at the end the 
following new section: 
‘‘SEC. 413. ORGAN DONATION THROUGH DRIVER LICENS-
ING. 
‘‘(a) AUTHORITY.— 
‘‘(1) IN
GENERAL.—The Secretary shall carry 
out a program to provide eligible recipients, by grant, 
with financial assistance to carry out campaigns to 
increase public awareness of, and training on, au-
thority and procedures under State law to provide for 
the donation of organs through a declaration recorded 
on a motor vehicle driver license. 
‘‘(2) ADMINISTRATIVE
OFFICE.—The Secretary 
shall administer the program under this section 
through the Director of the National Office of Driver 
Licensing and Education. 
‘‘(b) ELIGIBILITY REQUIREMENTS.—
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‘‘(1) REGULATIONS.—The Secretary shall pre-
scribe in regulations the eligibility requirements, ap-
plication and approval procedures and standards, 
and authorized uses of grant proceeds for the grant 
program under this section. 
‘‘(2) CONSULTATION
REQUIREMENT.—In pre-
scribing the regulations, the Secretary shall consult 
with the following: 
‘‘(A) The Administrator of the National 
Highway Traffic Safety Administration. 
‘‘(B) The heads of such other departments 
and agencies of the United States as the Sec-
retary considers appropriate on the basis of rel-
evant interests or expertise. 
‘‘(C) Appropriate officials of the govern-
ments of States and political subdivisions of 
States. 
‘‘(D) Representatives of private sector orga-
nizations recognized for relevant expertise.’’. 
(B) CLERICAL AMENDMENT.—The table of 
sections at the beginning of such chapter is 
amended by adding at the end the following new 
item: 
‘‘413. Organ donation through driver licensing.’’. 
(2) TIME
FOR
PROMULGATION
OF
REGULA-
TIONS.—The Secretary of Transportation shall pro-
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mulgate the regulations under section 413(b) of title 
23, United States Code (as added by paragraph (1)), 
not later than October 1, 2005. 
(d) STUDY OF NATIONAL DRIVER EDUCATION STAND-
ARDS.— 
(1) REQUIREMENT FOR STUDY.—The Secretary 
of Transportation shall carry out a study to deter-
mine whether the establishment and imposition of na-
tionwide minimum standards of motor vehicle driver 
education would improve national highway traffic 
safety or the performance and legal compliance of 
novice drivers. 
(2) TIME FOR COMPLETION OF STUDY.—The Sec-
retary shall complete the study not later than 2 years 
after the date of the enactment of this Act. 
(3) REPORT.—The Secretary shall publish a re-
port on the results of the study under this section not 
later than 2 years after the study is completed. 
(e) AUTHORIZATION
OF APPROPRIATIONS.—Of the 
amounts available to carry out section 403 of title 23, 
United States Code, for each of the fiscal years 2005 through 
2010, $5,000,000 may be made available for each such fiscal 
year to carry out sections 412 and 413 of title 23, United 
States Code (as added by subsections (b) and (c), respec-
tively).
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SEC. 4172. AMENDMENT OF AUTOMOBILE INFORMATION 
DISCLOSURE ACT. 
(a) SAFETY LABELING REQUIREMENT.—Section 3 of 
the Automobile Information Disclosure Act (15 U.S.C. 
1232) is amended by adding at the end the following: 
‘‘(g) if one or more safety ratings for such automobile 
have been assigned and formally published or released by 
the National Highway Traffic Safety Administration under 
the New Car Assessment Program, information about safety 
ratings that— 
‘‘(1) includes a graphic depiction of the number 
of stars that corresponds to each such assigned safety 
rating displayed in a clearly differentiated fashion 
from stars indicating the unattained safety rating; 
‘‘(2) refers to frontal impact crash tests, side im-
pact crash tests, and rollover resistance tests (whether 
or not such automobile has been assigned a safety rat-
ing for such tests), including statements that— 
‘‘(A) frontal impact crash test ratings are 
based on risk of head and chest injury; 
‘‘(B) side impact crash test ratings are 
based on risk of chest injury; and 
‘‘(C) rollover resistance ratings are based on 
risk of rollover in the event of a single auto-
mobile crash;
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‘‘(3) is presented in a legible, visible, and promi-
nent fashion and covers at least— 
‘‘(A) 8 percent of the total area of the label; 
or 
‘‘(B) an area with a minimum length of 4 
1⁄2 inches and a minimum height of 3 1⁄2 inches; 
and 
‘‘(4) contains a heading titled ‘Government Safe-
ty Information’ and a disclaimer including the fol-
lowing text: ‘Star ratings for frontal impact crash 
tests can only be compared to other vehicles in the 
same weight class and those plus or minus 250 
pounds. Side impact and rollover ratings can be com-
pared across all vehicle weights and classes. For more 
information on safety and testing, please visit http:/ 
/www.nhtsa.dot.gov’; and 
‘‘(h) if an automobile has not been tested by the Na-
tional Highway Traffic Safety Administration under the 
New Car Assessment Program, or safety ratings for such 
automobile have not been assigned in one or more rating 
categories, a statement to that effect.’’. 
(b) REGULATIONS.—Not later than January 1, 2005, 
the Secretary of Transportation shall prescribe regulations 
to implement the labeling requirements under subsections
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(g) and (h) of section 3 of such Act (as added by subsection 
(a)). 
(c) CONFORMING
AND TECHNICAL AMENDMENTS.— 
Section 3 of such Act is further amended— 
(1) in subsection (e), by striking ‘‘and’’ after the 
semicolon; and 
(2) in subsection (f)— 
(A) by adding ‘‘and’’ at the end of para-
graph (3); and 
(B) by striking the period at the end and 
inserting a semicolon. 
(d) APPLICABILITY.—The labeling requirements under 
subsections (g) and (h) of section 3 of such Act (as added 
by subsection (a)), and the regulations prescribed under 
subsection (b), shall apply to new automobiles delivered on 
or after— 
(1) September 1, 2005, if the regulations under 
subsection (b) are prescribed not later than August 
31, 2004; or 
(2) September 1, 2006, if the regulations under 
subsection (b) are prescribed after August 31, 2004. 
SEC. 4173. CHILD SAFETY. 
(a) INCORPORATION OF CHILD DUMMIES IN SAFETY 
TESTS.—
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(1) RULEMAKING REQUIRED.—Not later than 2 
years after the date of the enactment of this Act, the 
Administrator of the National Highway Traffic Safe-
ty Administration shall conduct a rulemaking to in-
crease utilization of child dummies, including Hy-
brid-III child dummies, in motor vehicle safety tests, 
including crash tests, conducted by the Administra-
tion. 
(2) CRITERIA.—In conducting the rulemaking 
under subsection (a), the Administrator shall select 
motor vehicle safety tests in which the inclusion of 
child dummies will lead to— 
(A) increased understanding of crash dy-
namics with respect to children; and 
(B) measurably improved child safety. 
(3) REPORT.—Not later than one year after the 
date of the enactment of this Act, the Secretary of 
Transportation shall publish a report regarding the 
implementation of this section. 
(b) CHILD SAFETY IN ROLLOVER CRASHES.— 
(1) CONSUMER
INFORMATION
PROGRAM.—Not 
later than 2 years after the date of the enactment of 
this Act, the Secretary of Transportation shall imple-
ment a consumer information program relating to 
child safety in rollover crashes. The Secretary shall
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make information related to the program available to 
the public following completion of the program. 
(2) CHILD DUMMY DEVELOPMENT.— 
(A) IN GENERAL.—The Administrator of the 
National Highway Traffic Safety Administra-
tion shall initiate the development of a biofidelic 
child crash test dummy capable of measuring in-
jury forces in a simulated rollover crash. 
(B) REPORTS.—The Secretary shall submit 
to Congress a report on progress related to such 
development— 
(i) not later than 1 year after the date 
of the enactment of this Act; and 
(ii) not later than 3 years after the 
date of the enactment of this Act. 
(c) REPORT ON ENHANCED VEHICLE SAFETY TECH-
NOLOGIES.—Not later than 2 years after the date of the en-
actment of this Act, the Secretary of Transportation shall 
submit to Congress a report that describes, evaluates, and 
determines the relative effectiveness of— 
(1) currently available and emerging tech-
nologies, including auto-reverse functions and child- 
safe window switches, that are designed to prevent 
and reduce the number of injuries and deaths to chil-
dren left unattended inside parked motor vehicles, in-
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cluding injuries and deaths that result from 
hyperthermia or are related to power windows or 
power sunroofs; and 
(2) currently available and emerging technologies 
that are designed to improve the performance of safety 
belts with respect to the safety of occupants aged be-
tween 4 and 8 years old. 
(d) COMPLETION OF RULEMAKING REGARDING POWER 
WINDOWS.—Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Transportation 
shall— 
(1) complete the rulemaking initiated by the Na-
tional Highway Traffic Safety Administration that is 
ongoing on the date of the enactment of this Act and 
relates to a requirement that window switches be de-
signed to reduce the accidental closing by children of 
power windows; and 
(2) issue performance-based regulations to take 
effect not later than September 1, 2006, requiring that 
window switches or related technologies be designed to 
prevent the accidental closing by children of power 
windows. 
(e) DATABASE ON INJURIES AND DEATHS IN NON-
TRAFFIC, NONCRASH EVENTS.—
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(1) IN GENERAL.—The Secretary of Transpor-
tation shall establish a new database of, and collect 
data regarding, injuries and deaths in nontraffic, 
noncrash events involving motor vehicles. The data-
base shall include information regarding— 
(A) the number, types, and proximate 
causes of injuries and deaths resulting from such 
events; 
(B) the characteristics of motor vehicles in-
volved in such events; 
(C) the characteristics of the motor vehicle 
operators and victims involved in such events; 
and 
(D) the presence or absence in motor vehi-
cles involved in such events of advanced tech-
nologies designed to prevent such injuries and 
deaths. 
(2) RULEMAKING.—The Secretary shall conduct 
a rulemaking regarding how to structure and compile 
the database. 
(3) AVAILABILITY.—The Secretary shall make the 
database available to the public. 
SEC. 4174. SAFE INTERSECTIONS. 
(a) IN GENERAL.—Chapter 2 of title 18, United States 
Code, is amended by adding at the end the following:
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‘‘§ 39. Traffic signal preemption transmitters 
‘‘(a) OFFENSES.— 
‘‘(1) SALE.—A person who provides for sale to 
unauthorized users a traffic signal preemption trans-
mitter in or affecting interstate or foreign commerce 
shall be fined not more than $10,000, imprisoned not 
more than 1 year, or both. 
‘‘(2) POSSESSION.—A person who is an unau-
thorized user in possession of a traffic signal preemp-
tion transmitter in or affecting interstate or foreign 
commerce shall be fined not more than $10,000, im-
prisoned not more than 6 months, or both. 
‘‘(b) DEFINITIONS.—In this section, the following defi-
nitions apply: 
‘‘(1) TRAFFIC
SIGNAL
PREEMPTION
TRANS-
MITTER.—The term ‘traffic signal preemption trans-
mitter’ means any device or mechanism that can 
change a traffic signal’s phase. 
‘‘(2) UNAUTHORIZED USER.—The term ‘unau-
thorized user’ means a user of a traffic signal pre-
emption transmitter who is not a government ap-
proved user.’’. 
(b) CHAPTER ANALYSIS.—The chapter analysis for 
chapter 2 of title 18, United States Code, is amended by 
adding at the end the following: 
‘‘39. Traffic signal preemption transmitters.’’.
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SEC. 4175. STUDY ON INCREASED SPEED LIMITS. 
(a) STUDY.— 
(1) IN GENERAL.—Not later than 2 years after 
the date of enactment of this Act, the Secretary shall 
conduct a study to examine the effects of increased 
speed limits enacted by States after 1995. 
(2) REQUIREMENTS.—The study shall collect em-
pirical data regarding— 
(A) increases or decreases in driving speeds 
on Interstate highways since 1995; 
(B) correlations between changes in driving 
speeds and accident, injury, and fatality rates; 
(C) correlations between posted speed limits 
and observed driving speeds; 
(D) the overall impact on motor vehicle 
safety resulting from the repeal of the national 
maximum speed limit in 1995; and 
(E) such other matters as the Secretary de-
termines to be appropriate. 
(b) REPORT.—Not later than 1 year after the date of 
completion of the study under subsection (a), the Secretary 
shall submit to Congress a report that describes the results 
of the study.
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Subtitle B—Motor Carrier Safety 
and Unified Carrier Registration 
PART I—ADMINISTRATIVE MATTERS 
SEC. 4201. SHORT TITLE; AMENDMENT OF TITLE 49, UNITED 
STATES CODE. 
(a) SHORT TITLE.—This subtitle may be cited as the 
‘‘Motor Carrier Safety Reauthorization Act of 2004’’. 
(b) AMENDMENT
OF TITLE 49, UNITED STATES 
CODE.—Except as otherwise specifically provided, whenever 
in this subtitle an amendment is expressed in terms of an 
amendment to a section or other provision of law, the ref-
erence shall be considered to be made to a section or other 
provision of title 49, United States Code. 
SEC. 4202. REQUIRED COMPLETION OF OVERDUE REPORTS, 
STUDIES, AND RULEMAKINGS. 
(a) REQUIREMENT FOR COMPLETION.—By no later 
than 36 months after the date of enactment of this Act, the 
Secretary of Transportation shall complete all reports, stud-
ies, and rulemaking proceedings to issue regulations which 
Congress directed the Secretary to complete in previous laws 
and which are not yet completed, including the following: 
(1) Commercial Vehicle Driver Biometric Identi-
fier, section 9105, Truck and Bus Safety and Regu-
latory Reform Act of 1988.
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(2) General Transportation of HAZMAT, section 
8(b), Hazardous Materials Transportation Uniform 
Safety Act of 1990. 
(3) Nationally Uniform System of Permits for 
Interstate Motor Carrier Transport of HAZMAT, sec-
tion 22, Hazardous Materials Transportation Uni-
form Safety Act of 1990. 
(4) Training for Entry-Level Drivers of Com-
mercial Motor Vehicles, section 4007 (a), Intermodal 
Surface Transportation Efficiency Act of 1991. 
(5) Minimum Training Requirements for Opera-
tors and for Training Instructors of Multiple Trailer 
Combination Vehicles, section 4007(b)(2), Intermodal 
Surface Transportation Efficiency Act of 1991. 
(6) Railroad-Highway Grade Crossing Safety, 
section 112, Hazardous Materials Transportation Au-
thorization Act of 1994. 
(7) Safety Performance History of New Drivers, 
section 114, Hazardous Materials Transportation Au-
thorization Act of 1994. 
(8) Motor Carrier Replacement Information and 
Registration System, section 103, ICC Termination 
Act of 1995. 
(9) General Jurisdiction Over Freight Forwarder 
Service, section 13531, ICC Termination Act of 1995.
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(10) Waivers, Exemptions, and Pilot Programs, 
section 4007, Transportation Equity Act for the 
Twenty-First Century. 
(11) Safety Performance History of New Drivers, 
section 4014, Transportation Equity Act for the 
Twenty-First Century. 
(12) Performance-based CDL Testing, section 
4019, Transportation Equity Act for the Twenty- 
First Century. 
(13) Improved Flow of Driver History Pilot Pro-
gram, section 4022, Transportation Equity Act for 
the Twenty-First Century. 
(14) Employee Protections, section 4023, Trans-
portation Equity Act for the Twenty-First Century. 
(15) Improved Interstate School Bus Safety, sec-
tion 4024, Transportation Equity Act for the Twenty- 
First Century. 
(16) Federal Motor Carrier Safety Administra-
tion 2010 Strategy, section 104, Motor Carrier Safety 
Improvement Act of 1999. 
(17) New Motor Carrier Entrant Requirements, 
section 210, Motor Carrier Safety Improvement Act of 
1999.
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(18) Certified Motor Carrier Safety Auditors, 
section 211, Motor Carrier Safety Improvement Act of 
1999. 
(19) Medical Certificate, section 215, Motor Car-
rier Safety Improvement Act of 1999. 
(20) Report on Any Pilots Undertaken to De-
velop Innovative Methods of Improving Motor Carrier 
Compliance with Traffic Laws, section 220, Motor 
Carrier Safety Improvement Act of 1999. 
(21) Status Report on the Implementation of 
Electronic Transmission of Data State-to-State on 
Convictions for All Motor Vehicle Control Law Viola-
tions for CDL Holders, section 221, Motor Carrier 
Safety Improvement Act of 1999. 
(22) Assessment of Civil Penalties, section 222, 
Motor Carrier Safety Improvement Act of 1999. 
(23) Truck Crash Causation Study, section 224, 
Motor Carrier Safety Improvement Act of 1999. 
(24) Drug Test Results Study, section 226, Motor 
Carrier Safety Improvement Act of 1999. 
(b) FINAL RULE REQUIRED.—Unless specifically per-
mitted by law, rulemaking proceedings shall be considered 
completed for purposes of this section only when the Sec-
retary has issued a final rule and the docket for the rule-
making proceeding is closed.