710
Projects
FY 06
FY 07
FY 08
383. South San Fran-
cisco,CA Construction of
Ferry Terminal at Oys-
ter Point in South San
Francisco to the San
Francisco Bay Area
Water Transit Authority
$1,600,000
$1,650,000
$1,750,000
384. Atlanta, GA MARTA
Clean Fuel Bus Acquisi-
tion .................................
$1,920,000
$1,980,000
$2,100,000
385. Norristown, PA-Con-
struct a 400 space park-
ing structure at the
northwest corner of Main
and Cherry Streets .........
$320,000
$330,000
$350,000
386. Suffolk County, NY
Design and construction
of intermodal transit fa-
cility in Wyandanch .......
$1,280,000
$1,320,000
$1,400,000
387. Fresno, CA—Develop
program of low-emission
transit vehicles ...............
$320,000
$330,000
$350,000
388. Sylmar, CA Los Ange-
les Mission College Tran-
sit Center construction ..
$80,000
$82,500
$87,500
389. Lakewood, NJ—
Ocean County Bus serv-
ice and parking facilities
$960,000
$990,000
$1,050,000
390. St. Lucie County, FL
Purchase Buses ..............
$320,000
$330,000
$350,000
391. Hampton Roads, VA
Final design and con-
struction for a Hampton
Roads Transit Southside
Bus Facility ...................
$640,000
$660,000
$700,000
392. Oakland, CA Con-
struct Bay Trail between
Coliseum BART station
and Martin Luther King,
Jr. Regional Shoreline ...
$288,000
$297,000
$315,000
393. South Amboy, NJ
Construction of improve-
ments to facilities at
South Amboy Station
under S Amboy, NJ Re-
gional Intermodal Initia-
tive .................................
$2,560,000
$2,640,000
$2,800,000
394. Hartford, CT Buses
and bus-related facilities
$1,280,000
$1,320,000
$1,400,000
395. Ilwaco, WA Construct
park and ride .................
$32,000
$33,000
$35,000
711
Projects
FY 06
FY 07
FY 08
396. Burbank, CA Con-
struction of Empire Area
Transit Center near Bur-
bank Airport ..................
$80,000
$82,500
$87,500
397. Pottsville, PA Union
Street Trade and Trans-
fer Center Intermodal
Facility ...........................
$640,000
$660,000
$700,000
398. Amador County, Cali-
fornia—Regional Transit
Center ............................
$320,000
$330,000
$350,000
399. Pasadena, CA ITS
Improvements .................
$320,000
$330,000
$350,000
400. South FL Region, FL
Regional Universal Auto-
mated Fare Collection
System (UAFC) (for bus
system) ...........................
$640,000
$660,000
$700,000
401. South Pasadena, CA
Silent Night Grade
Crossing Project .............
$288,000
$297,000
$315,000
402. Tampa, FL Establish
Transit Emphasis Cor-
ridor and Improvements
$240,000
$247,500
$262,500
403. San Francisco, CA
Implement Transbay
Terminal-Caltrain Down-
town Extension Project ..
$4,480,000
$4,620,000
$4,900,000
404. Rock Island, IL Im-
prove Rock Island Mass
Transit District Bus Fa-
cility ...............................
$160,000
$165,000
$175,000
405. Las Vegas, NV Con-
struct Boulder Highway
BRT system and pur-
chase vehicles and re-
lated equipment ..............
$640,000
$660,000
$700,000
406. Moultrie, GA Inter-
modal facility .................
$96,000
$99,000
$105,000
407. Carson, CA Purchase
one trolley-bus vehicle ....
$80,000
$82,500
$87,500
408. Brooklyn, NY Con-
struct a multi-modal
transportation facility in
the vicinity of Downstate
Medical Center ...............
$320,000
$330,000
$350,000
409. Alexandria, VA Eisen-
hower Avenue Inter-
modal Station Improve-
ments, including pur-
chase of buses and con-
struction of bus shelters
$800,000
$825,000
$875,000
712
Projects
FY 06
FY 07
FY 08
410. Long Beach, CA Pur-
chase ten clean fuel
busses .............................
$960,000
$990,000
$1,050,000
411. Cleveland, OH Con-
struction of an inter-
modal facility and re-
lated improvements at
University Hospitals fa-
cility on Euclid Avenue ..
$320,000
$330,000
$350,000
412. Nashville, TN Con-
struct Downtown Nash-
ville Transit Transfer
Facility ...........................
$480,000
$495,000
$525,000
413. Philadelphia, PA
Penn’s Landing water
shuttle parking lot ex-
pansion and water shut-
tle ramp infrastructure
construction ....................
$352,000
$363,000
$385,000
414. Hercules, CA Inter-
modal Rail Station Im-
provements .....................
$480,000
$495,000
$525,000
415. Purchase Buses and
construct bus facilities in
Broward County, FL .....
$480,000
$495,000
$525,000
416. Improve marine inter-
modal facilities in Ketch-
ikan ................................
$8,000,000
$8,250,000
$8,750,000
417. Indianapolis, Indi-
ana—Childrens Museum
Intermodal Center ..........
$320,000
$330,000
$350,000
418. Windham, New
Hampshire—Construc-
tion of Park and Ride
Bus facility at Exit 3 .....
$1,184,000
$1,221,000
$1,295,000
419. Brooklyn, NY—
Rehabilition of Bay
Ridge 86th Street Sub-
way Station ....................
$1,280,000
$1,320,000
$1,400,000
420. Purchase Buses and
construct bus facilities in
Broward County, FL .....
$640,000
$660,000
$700,000
421. Bayamon, Puerto
Rico—Purchase of Trol-
ley Cars ..........................
$272,000
$280,500
$297,500
422. C Street Expanded
bus facility and inter-
modal parking garage,
Anchorage, AK ...............
$1,600,000
$1,650,000
$1,750,000
423. Morris Thompson Cul-
tural and Visitors Center
intermodal parking facil-
ity, Fairbanks, AK .........
$800,000
$825,000
$875,000
713
Projects
FY 06
FY 07
FY 08
424. Sharon, PA—Bus Fa-
cility Construction ..........
$160,000
$165,000
$175,000
425. CITC Non-profit
Services Center inter-
modal parking facility,
Anchorage, AK ...............
$960,000
$990,000
$1,050,000
426. Abilene, TX Vehicle
replacement and facility
improvements for transit
system ............................
$128,000
$132,000
$140,000
427. Alaska Native Medical
Center intermodal park-
ing facility ......................
$1,600,000
$1,650,000
$1,750,000
428. Butler, PA—
Multimodal Transit Cen-
ter Construction .............
$320,000
$330,000
$350,000
429. Normal, Illinois—
Multimodal Transpor-
tation Center ..................
$640,000
$660,000
$700,000
430. Rochester, New
York—Renaissance
Square transit center .....
$640,000
$660,000
$700,000
431. Erie, PA—EMTA Ve-
hicle Acquisition .............
$640,000
$660,000
$700,000
432. Miami-Dade County,
Florida—Buses and bus
facilities ..........................
$1,280,000
$1,320,000
$1,400,000
433. Centralia, Illinois—
South Central Mass
Transit District Improve-
ments ..............................
$128,000
$132,000
$140,000
434. Roanoke, VA—Bus
restoration in the City of
Roanoke .........................
$80,000
$82,500
$87,500
435. Denver, Colorado—
Regional Transportation
District Bus Replace-
ment ...............................
$640,000
$660,000
$700,000
436. Intermodal facility im-
provements at the Port
of Anchorage ..................
$8,000,000
$8,250,000
$8,750,000
437. American Village/
Montevallo construction
of closed loop Access
Road, bus lanes and
parking facility ...............
$96,000
$99,000
$105,000
438. Corpus Christi, TX
Corpus Regional Transit
Authority for mainte-
nance facility improve-
ments ..............................
$800,000
$825,000
$875,000
714
Projects
FY 06
FY 07
FY 08
439. Central Florida Com-
muter Rail intermodal
facilities ..........................
$1,600,000
$1,650,000
$1,750,000
440. Ames, Iowa—Expan-
sion of CyRide Bus
Maintenance Facility .....
$640,000
$660,000
$700,000
441. St. Paul, MN Inter-
modal Center ..................
$1,440,000
$1,485,000
$1,575,000
442. Albany, OR North Al-
bany park and ride ........
$256,000
$264,000
$280,000
443. Portland, OR Tri Met
bus replacement .............
$384,000
$396,000
$420,000
SEC. 3039. NATIONAL FUEL CELL BUS TECHNOLOGY DE-
VELOPMENT PROGRAM.
(a) ESTABLISHMENT.—The Secretary shall establish
a national fuel cell bus technology development program
(in this section referred to as the ‘‘program’’) to facilitate
the development of commercially viable fuel cell bus tech-
nology and related infrastructure.
(b) GENERAL
AUTHORITY.—The Secretary may
enter into grants, contracts, and cooperative agreements
with no more than 3 geographically diverse nonprofit orga-
nizations and recipients under chapter 53 of title 49,
United States Code, to conduct fuel cell bus technology
and infrastructure projects under the program.
(c) GRANT CRITERIA.—In selecting applicants for
grants under the program, the Secretary shall consider the
applicant’s—
(1) ability to contribute significantly to fur-
thering fuel cell technology as it relates to transit
715
bus operations, including hydrogen production, en-
ergy storage, fuel cell technologies, vehicle systems
integration, and power electronics technologies;
(2) financing plan and cost share potential;
(3) fuel cell technology to ensure that the pro-
gram advances different fuel cell technologies, in-
cluding hydrogen-fueled and methanol-powered liq-
uid-fueled fuel cell technologies, that may be viable
for public transportation systems; and
(4) other criteria that the Secretary determines
are necessary to carry out the program.
(d) COMPETITIVE GRANT SELECTION.—The Sec-
retary shall conduct a national solicitation for applications
for grants under the program. Grant recipients shall be
selected on a competitive basis. The Secretary shall give
priority consideration to applicants that have successfully
managed advanced transportation technology projects, in-
cluding projects related to hydrogen and fuel cell public
transportation operations for a period of not less than 10
years.
(e) FEDERAL SHARE.—The Federal share of costs of
the program shall be provided from funds made available
to carry out this section. The Federal share of the cost
of a project carried out under the program shall not exceed
50 percent of such cost.
716
(f) GRANT REQUIREMENTS.—A grant under this sec-
tion shall be subject to—
(1) all terms and conditions applicable to a
grant made under section 5309 of title 49, United
States Code; and
(2) such other terms and conditions as are de-
termined by the Secretary.
SEC. 3040. HIGH-INTENSITY SMALL-URBANIZED AREA FOR-
MULA GRANT PROGRAM.
(a) DEFINITIONS.—In this section, the following defi-
nitions apply:
(1) ELIGIBLE AREA.—The term ‘‘eligible area’’
means an urbanized area with a population of less
than 200,000 that meets or exceeds in one or more
performance categories the industry average for all
urbanized areas with a population of at least
200,000 but not more than 999,999, as determined
by the Secretary in accordance with subsection
(c)(2).
(2) 
PERFORMANCE
CATEGORY.—The 
term
‘‘performance category’’ means each of the following:
(A) Passenger miles traveled per vehicle
revenue mile.
(B) Passenger miles traveled per vehicle
revenue hour.
717
(C) Vehicle revenue miles per capita.
(D) Vehicle revenue hours per capita.
(E) Passenger miles traveled per capita.
(F) Passengers per capita.
(b) GENERAL AUTHORITY.—In order to address the
needs of small urbanized areas with unusually high levels
of public transportation service, the Secretary shall make
capital and operating grants under this section to eligible
recipients described in subsection (d) for use in eligible
areas.
(c) APPORTIONMENT.—
(1) APPORTIONMENT FORMULA.—Funds made
available for grants under this section in a fiscal
year shall be apportioned among eligible areas in the
ratio that—
(A) the number of performance categories
for which each eligible area meets or exceeds
the industry average in urbanized areas with a
population of at least 200,000 but not more
than 999,999; bears to
(B) the aggregate number of performance
categories for which all eligible areas meet or
exceed the industry average in urbanized areas
with a population of at least 200,000 but not
more than 999,999.
718
(2) DATA USED IN FORMULA.—The Secretary
shall calculate apportionments under this subsection
for a fiscal year using data from the national transit
database used to calculate apportionments for that
fiscal year under section 5336 of title 49, United
States Code.
(d) ELIGIBLE RECIPIENT.—Grant amounts appor-
tioned to an eligible area under this section shall be made
available to a public transportation agency or other gov-
ernmental entity in the eligible area for obligation in the
eligible area.
(e) GOVERNMENT’S SHARE OF COSTS.—
(1) CAPITAL GRANTS.—A grant for a capital
project under this section (including associated cap-
ital maintenance items) shall be for 80 percent of
the net capital costs of the project, as determined by
the Secretary. The recipient may provide additional
local matching amounts for such projects.
(2) OPERATING GRANTS.—A grant under this
section for operating assistance may not exceed 50
percent of the net operating costs of the project, as
determined by the Secretary.
(3) REMAINDER.—The remainder of the net
project costs may be provided from an undistributed
719
cash surplus, a replacement or depreciation cash
fund or reserve, or new capital.
(f) PERIOD OF AVAILABILITY.—Funds apportioned
under this section to an eligible area shall remain available
for obligation in that eligible area for a period of 3 years
after the last day of the fiscal year for which the funds
are apportioned. Any amounts so apportioned that remain
unobligated at the end of that period shall be added to
the amount that may be apportioned under this section
in the next fiscal year.
(g) APPLICATION OF OTHER SECTIONS.—Sections
5302, 5318, 5323, 5332, 5333, and 5336(e) of title 49,
United States Code, apply to this section and to a grant
made under this section.
(h) FUNDING.—Of the amounts made available to
carry out section 5307 of title 49, United States Code,
$38,000,000 for fiscal year 2005, $41,000,000 for fiscal
year 2006, $44,000,000 for fiscal year 2007, $47,000,000
for fiscal year 2008, and $50,000,000 for fiscal year 2009
shall be available to carry out this section.
(i) TECHNICAL
AMENDMENTS.—Section 5336 is
amended—
(1) in subsection (a)—
(A) by striking ‘‘of this title’’ and inserting
‘‘to carry out section 5307’’; and
720
(B) in paragraph (2) by inserting before
the period at the end the following: ‘‘, except
that the amount apportioned to the Anchorage
urbanized area under subsection (b) shall be
available to the Alaska Railroad for any costs
related to its passenger operations’’;
(2) in subsection (b)(1) by inserting ‘‘and the
Alaska Railroad passenger operations’’ after ‘‘recipi-
ent’’;
(3) in subsection (j) by striking ‘‘a grant made
under’’ each place it appears and inserting ‘‘a grant
made with funds apportioned under’’; and
(4) in subsection (k)(1) by striking ‘‘section
5302(a)(13) of this title’’ and inserting ‘‘section
5302(a)’’.
SEC. 3041. ALLOCATIONS FOR NATIONAL RESEARCH AND
TECHNOLOGY PROGRAMS.
(a) IN GENERAL.—Amounts appropriated pursuant
to section 5338(d) of title 49, United States Code, for na-
tional research and technology programs under sections
5312, 5314, and 5322 of such title shall be allocated by
the Secretary as follows:
(1) SAFETY
AND
EMERGENCY
PREPARED-
NESS.—
721
(A) IN GENERAL.—For carrying out safety
and emergency preparedness research activities
consisting of technical assistance, training, and
data analysis and reporting to improve public
transportation system safety and security and
emergency preparedness—
(i) $7,000,000 for fiscal year 2005;
(ii) $7,400,000 for fiscal year 2006;
(iii) $7,800,000 for fiscal year 2007;
(iv) $8,200,000 for fiscal year 2008;
and
(v) $8,700,000 for fiscal year 2009.
(B) PUBLIC
TRANSPORTATION
NATIONAL
SECURITY STUDY.—
(i) IN GENERAL.—Not later than 6
months after the date of enactment of this
Act, the Secretary shall enter into an
agreement with the National Academy of
Sciences to conduct a study and evaluation
of the value major public transportation
systems in the United States serving the
38 urbanized areas that have a population
of more than 1,000,000 individuals provide
to the Nation’s security and the ability of
such systems to accommodate the evacu-
722
ation, egress or ingress of people to or
from critical locations in times of emer-
gency.
(ii) ALTERNATIVE ROUTES.—For each
system described in clause (i) the study
shall identify—
(I) potential alternative routes
for evacuation using other transpor-
tation modes such as highway, air,
marine, and pedestrian activities; and
(II) transit routes that, if dis-
rupted, do not have sufficient transit
alternatives available.
(iii) REPORT.—Not later than 24
months after the date of entry into the
agreement, the Academy shall submit to
the Secretary and the Committee on
Transportation and Infrastructure of the
House of Representatives and the Com-
mittee on Banking, Housing and Urban
Affairs of the Senate a final report on the
results of the study and evaluation, to-
gether with such recommendations as the
Academy considers appropriate.
723
(iv) FUNDING.—Of the amounts made
available under section 5338(d) of title 49,
United States Code, $250,000 shall be
available for each of fiscal years 2005 and
2006 to carry out this subparagraph.
(2) EQUIPMENT AND INFRASTRUCTURE.—For
carrying out equipment and infrastructure research
activities on public transportation and infrastructure
technologies and methods and voluntary industry
standards development—
(A) $5,700,000 for fiscal year 2005;
(B) $6,200,000 for fiscal year 2006;
(C) $6,550,000 for fiscal year 2007;
(D) $6,900,000 for fiscal year 2008; and
(E) $7,200,000 for fiscal year 2009.
(3) PUBLIC TRANSPORTATION OPERATIONS EF-
FICIENCY.—For carrying out public transportation
operations efficiency research activities on high-per-
formance public transportation services and other in-
novations in fleet operations and maintenance—
(A) $4,700,000 for fiscal year 2005;
(B) $4,900,000 for fiscal year 2006;
(C) $5,200,000 for fiscal year 2007;
(D) $5,500,000 for fiscal year 2008; and
(E) $5,800,000 for fiscal year 2009.
724
(4) ENERGY
INDEPENDENCE
AND
ENVIRON-
MENTAL PROTECTION.—
(A) IN GENERAL.—For carrying out en-
ergy independence and environmental protection
research activities on improved public transpor-
tation energy use and propulsion systems and
public transportation oriented development—
(i) $3,700,000 for fiscal year 2005;
(ii) $3,900,000 for fiscal year 2006;
(iii) $4,150,000 for fiscal year 2007;
(iv) $4,300,000 for fiscal year 2008;
and
(v) $4,300,000 for fiscal year 2009.
(B) 
TRANSIT-ORIENTED
DEVELOPMENT
CENTER.—Of the funds allocated for each of
fiscal years 2005 through 2009 under subpara-
graph (A), not less than $1,000,000 shall be
made available by the Secretary for establish-
ment and operation of a national center for
transit-oriented development—
(i) to develop standards and defini-
tions for transit-oriented development adja-
cent to public transportation facilities;
(ii) to develop system planning guid-
ance, performance criteria, and modeling
725
techniques for metropolitan planning agen-
cies and public transportation agencies to
maximize ridership through land use plan-
ning and adjacent development; and
(iii) to provide research support and
technical assistance to public transpor-
tation agencies, metropolitan planning
agencies, and other persons regarding
transit-oriented development.
(5) MOBILITY MANAGEMENT.—
(A) IN
GENERAL.—For carrying out re-
search activities on mobility management, as
described in section 5302(a)(1) of title 49,
United States Code—
(i) $7,000,000 for fiscal year 2005;
(ii) $7,400,000 for fiscal year 2006;
(iii) $7,800,000 for fiscal year 2007;
(iv) $8,200,000 for fiscal year 2008;
and
(v) $8,700,000 for fiscal year 2009.
(B) TRANSPORTATION EQUITY RESEARCH
PROGRAM.—Of the funds allocated for each of
fiscal years 2005 through 2009 under subpara-
graph (A), not less than $1,000,000 shall be
made available by the Secretary for research
726
and demonstration activities that focus on the
impacts that transportation planning, invest-
ment, and operations have on low-income and
minority populations that are transit dependent.
Such activities shall include the development of
strategies to advance economic and community
development in low-income and minority com-
munities and the development of training pro-
grams that promote the employment of low-in-
come and minority community residents on
Federal-aid transportation projects constructed
in their communities.
(C) COGNITIVE
IMPAIRMENT
STUDY.—Of
the funds allocated for fiscal year 2005 under
subparagraph (A), $1,000,000 shall be made
available by the Secretary for research and
demonstration activities that focus on the ca-
pacity and resources of Oregon public transpor-
tation systems to address the needs, barriers,
and desires for travel of people with cognitive
impairments.
(6) PUBLIC TRANSPORTATION CAPACITY BUILD-
ING.—
(A) IN GENERAL.—For carrying out public
transportation capacity building activities con-
727
sisting of workforce and industry development,
the International Mass Transportation Pro-
gram, and technology transfer and industry
adoption activities—
(i) $2,400,000 for fiscal year 2005;
(ii) $2,500,000 for fiscal year 2006;
(iii) $2,600,000 for fiscal year 2007;
(iv) $2,700,000 for fiscal year 2008;
and
(v) $3,000,000 for fiscal year 2009.
(B) TRANSIT CAREER LADDER TRAINING
PROGRAM.—Of the funds allocated for each fis-
cal year under subparagraph (A), not less than
$1,000,000 shall be available for a nationwide
career ladder job training partnership program
for public transportation employees to respond
to technological changes in the public transpor-
tation industry, especially in the area of mainte-
nance. Such program shall be carried out by the
Secretary through a contract with a national
nonprofit organization with a demonstrated ca-
pacity to develop and provide such programs.
(7) STRATEGIC PLANNING AND PERFORMANCE
MEASURES.—For carrying out strategic planning
and performance measures consisting of policy and
728
program development, research program planning
and 
performance, 
evaluation, 
and 
industry
outreach—
(A) $3,500,000 for fiscal year 2005;
(B) $3,700,000 for fiscal year 2006;
(C) $4,000,000 for fiscal year 2007;
(D) $4,200,000 for fiscal year 2008; and
(E) $4,300,000 for fiscal year 2009.
(b) REMAINDER.—After making allocations under
subsection (a) of this section and section 5338(d)(2) of
title 49, United States Code, the remainder of funds made
available by section 5338(d)(2) of such title for national
research and technology programs under sections 5312,
5314, and 5322 for a fiscal year shall be allocated at the
discretion of the Secretary to other transit research, devel-
opment, demonstration and deployment projects author-
ized by sections 5312, 5314, and 5322 of such title.
SEC. 3042. RELATIONSHIP TO OTHER LAWS.
Section 5323(l) is amended to read as follows:
‘‘(l) RELATIONSHIP TO OTHER LAWS.—Section 1001
of title 18 applies to a certificate, submission, or statement
provided under this chapter. The Secretary may terminate
financial assistance under this chapter and seek reim-
bursement directly, or by offsetting amounts, available
under this chapter, when a false or fraudulent statement
729
or related act within the meaning of such section 1001
is made in connection with a Federal transit program.’’.
SEC. 3043. FORGIVENESS OF GRANT AGREEMENT.
Notwithstanding any other provision of law (includ-
ing any regulation), any outstanding balances on the fol-
lowing grant agreements made to the Lane County Tran-
sit District, Oregon, do not have to be repaid:
(1) Federal Contract Number OR–03–0087.
(2) Federal Contract Number OR–90–X094.
SEC. 3044. COOPERATIVE PROCUREMENT.
(a) REVIEW OF COOPERATIVE PROCUREMENT; AU-
THORITY TO INCREASE FEDERAL SHARE.—
(1) IN
GENERAL.—Not later than 6 months
after the date of enactment of this Act, the Sec-
retary shall undertake a 30-day review of efforts to
use cooperative procurement to determine whether
benefits are sufficient to formally incorporate coop-
erative procurement into the mass transit program.
In particular the Secretary shall review the progress
made under the pilot program authorized under sec-
tion 166 of division F of the Consolidated Appro-
priations Act, 2004 (49 U.S.C. 5397 note; 118 Stat.
309), based on experience to date in the pilot pro-
gram and any available reports to Congress sub-
mitted under such section 166. The Secretary shall
730
also consider information gathered from grantees
about cooperative procurement, whether or not re-
lated to the pilot program.
(2) NOTIFICATION
OF
CONGRESS.—The Sec-
retary shall notify the Committee on Transportation
and Infrastructure of the House of Representatives
and the Committee on Banking, Housing, and
Urban Affairs of the Senate of the results of the re-
view required under paragraph (1), including a find-
ing of sufficient benefit or insufficient benefit and
the reasons for that finding.
SEC. 3045. OBLIGATION CEILING.
Notwithstanding any other provision of law, the total
of all obligations from amounts made available from the
Mass Transit Account of the Highway Trust Fund by, and
amounts appropriated under, subsections (a) through (f)
of section 5338 of title 49, United States Code, shall not
exceed—
(1) $7,266,000,000 for fiscal year 2004;
(2) $7,646,300,000 for fiscal year 2005;
(3) $8,482,000,000 for fiscal year 2006;
(4) $9,042,000,000 for fiscal year 2007;
(5) $9,639,000,000 for fiscal year 2008; and
(6) $10,277,000,000 for fiscal year 2009.
731
SEC. 3046. ADJUSTMENTS FOR THE SURFACE TRANSPOR-
TATION EXTENSION ACT OF 2004, PART V.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, the Secretary shall ensure that the total ap-
portionments and allocations made to a designated grant
recipient under section 5338 of title 49, United States
Code, for fiscal year 2005 shall be reduced by the amount
apportioned to such designated recipient pursuant to sec-
tion 8 of the Surface Transportation Extension Act of
2004, Part V.
(b) FIXED GUIDEWAY MODERNIZATION ADJUST-
MENT.—In making the apportionments described in sub-
section (a), the Secretary shall adjust the amount appor-
tioned to each urbanized area for fixed guideway mod-
ernization for fiscal year 2005 to reflect the method for
apportioning funds in section 5337(a) of title 49, United
States Code.
SEC. 3047. SPECIAL RULE FOR FISCAL YEAR 2004.
In any case in which an amount is authorized to be
appropriated, made available, allocated, set aside, taken
down, or subject to an obligation limitation for fiscal year
2004 for a program, project, or activity in any provision
of this title, including an amendment made by this title,
that is different than the amount authorized to be appro-
priated, made available, allocated, set aside, taken down,
or subject to an obligation limitation for fiscal year 2004
732
for such program, project, or activity in any provision of
the Surface Transportation Extension Act of 2004, Part
IV (Public Law 108–280), including any amendment
made by such Act, the amount referred to in such Act
shall be the amount authorized to be appropriated, made
available, allocated, set aside, taken down, or subject to
an obligation limitation.
TITLE IV—MOTOR CARRIER
TRANSPORTATION AND SAFETY
Subtitle A—Commercial Motor
Vehicle Safety
SEC. 4101. AUTHORIZATION OF APPROPRIATIONS.
(a) ADMINISTRATIVE EXPENSES.—Section 31104 of
title 49, United States Code, is amended by adding the
following at the end:
‘‘(i) ADMINISTRATIVE EXPENSES.—
‘‘(1) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated from the
Highway Trust Fund (other than the Mass Transit
Account) for the Secretary of Transportation to pay
administrative expenses of the Federal Motor Car-
rier Safety Administration—
‘‘(A) $173,450,000 for fiscal year 2004;
‘‘(B) $254,849,000 for fiscal year 2005;
‘‘(C) $215,000,000 for fiscal year 2006;
733
‘‘(D) $230,000,000 for fiscal year 2007;
‘‘(E) $234,000,000 for fiscal year 2008;
and
‘‘(F) $240,000,000 for fiscal year 2009.
‘‘(2) USE OF FUNDS.—The funds authorized by
this subsection shall be used for personnel costs; ad-
ministrative infrastructure; rent; information tech-
nology; programs for research and technology, infor-
mation management, regulatory development (in-
cluding a medical review board), the administration
of the performance and registration information sys-
tem management, and outreach and education; other
operating expenses; and such other expenses as may
from time to time become necessary to implement
statutory mandates of the Administration not fund-
ed from other sources.
‘‘(3) PERIOD OF AVAILABILITY.—The amounts
made available under this section shall remain avail-
able until expended.
‘‘(4) INITIAL DATE OF AVAILABILITY.—Author-
izations from the Highway Trust Fund (other than
the Mass Transit Account) to carry out subtitle IV,
part B, and subtitle VI, part B, of this title, or the
provisions of title IV of the Transportation Equity
Act: A Legacy for Users, shall be available for obli-
734
gation on the date of their apportionment or alloca-
tion or on October 1 of the fiscal year for which they
are authorized, whichever occurs first.
‘‘(5) CONTRACT AUTHORITY.—Approval by the
Secretary of a grant with funds made available
under paragraph (4) imposes upon the United
States a contractual obligation for payment of the
Government’s share of costs incurred in carrying out
the objectives of the grant.’’.
(b) GRANT PROGRAMS.—There are authorized to be
appropriated from the Highway Trust Fund (other than
the Mass Transit Account) the following sums for the fol-
lowing Federal Motor Carrier Safety Administration pro-
grams:
(1) For commercial driver’s license program im-
provement grants under section 31313 of title 49,
United States Code $26,000,000 for each of fiscal
years 2006 through 2009.
(2) For border enforcement grants under sec-
tion 31107 of such title—
(A) $32,000,000 for fiscal year 2006;
(B) $32,000,000 for fiscal year 2007;
(C) $32,000,000 for fiscal year 2008; and
(D) $32,000,000 for fiscal year 2009.
735
(3) For the performance and registration infor-
mation system management grant program under
section 31109 of such title—
(A) $5,000,000 for fiscal year 2006;
(B) $5,000,000 for fiscal year 2007;
(C) $6,000,000 for fiscal year 2008; and
(D) $6,000,000 for fiscal year 2009.
(4) COMMERCIAL VEHICLE INFORMATION SYS-
TEMS AND NETWORKS DEPLOYMENT.—For carrying
out the commercial vehicle information systems and
networks deployment program under section 4009 of
this Act, $25,000,000 for each of fiscal years 2006
through 2009.
(c) PERIOD OF AVAILABILITY.—The amounts made
available under subsection (b) of this section shall remain
available until expended.
(d) INITIAL DATE OF AVAILABILITY.—Amounts au-
thorized to be appropriated from the Highway Trust Fund
(other than the Mass Transit Account) by subsection (b)
shall be available for obligation on the date of their appor-
tionment or allocation or on October 1 of the fiscal year
for which they are authorized, whichever occurs first.
(e) CONTRACT AUTHORITY.—Approval by the Sec-
retary of a grant with funds made available under sub-
section (b) imposes upon the United States a contractual
736
obligation for payment of the Government’s share of costs
incurred in carrying out the objectives of the grant.
SEC. 4102. MOTOR CARRIER SAFETY GRANTS.
(a) STATE PLAN CONTENTS.—Section 31102(b)(1)
of title 49, United States Code, is amended—
(1) by striking subparagraph (A) and inserting
the following:
‘‘(A) implements performance-based activities,
including deployment of technology to enhance the
efficiency and effectiveness of commercial motor ve-
hicle safety programs;’’;
(2) by striking subparagraph (Q) and inserting
the following:
‘‘(Q) provides that the State has established a
program to ensure accurate, complete, and timely
motor carrier safety data is collected and reported to
the Secretary and that the State will participate in
a national motor carrier safety data correction sys-
tem prescribed by the Secretary;’’;
(3) by aligning subparagraph (R) with subpara-
graph (S);
(4) by striking ‘‘and’’ at the end of subpara-
graph (S);
(5) by striking the period at the end of sub-
paragraph (T) and inserting a semicolon; and
737
(6) by adding at the end the following:
‘‘(U) provides that the State will include in the
training manual for the licensing examination to
drive a noncommercial motor vehicle and a commer-
cial motor vehicle, information on best practices for
driving safely in the vicinity of commercial motor ve-
hicles and in the vicinity of noncommercial motor ve-
hicles, respectively;
‘‘(V) provides that the State will enforce the
registration requirements of section 13902 by pro-
hibiting the operation of any vehicle discovered to be
operated by a motor carrier without a registration
issued under such section or to be operating beyond
the scope of such registration; and
‘‘(W) provides that the State will conduct com-
prehensive and highly visible traffic enforcement and
commercial motor vehicle safety inspection programs
in high-risk locations and corridors.’’.
(b) USE OF GRANTS TO ENFORCE OTHER LAWS.—
Section 31102 of such title is amended—
(1) by striking subsection (c) and inserting the
following:
‘‘(c) USE OF GRANTS TO ENFORCE OTHER LAWS.—
A State may use amounts received under a grant under
subsection (a)—
738
‘‘(1) for the following activities if the activities
are carried out in conjunction with an appropriate
inspection of the commercial motor vehicle to enforce
Government or State commercial motor vehicle safe-
ty regulations:
‘‘(A) enforcement of commercial motor ve-
hicle size and weight limitations at locations
other than fixed weight facilities, at specific lo-
cations such as steep grades or mountainous
terrains where the weight of a commercial
motor vehicle can significantly affect the safe
operation of the vehicle, or at ports where inter-
modal shipping containers enter and leave the
United States; and
‘‘(B) detection of the unlawful presence of
a controlled substance (as defined under section
102 of the Comprehensive Drug Abuse Preven-
tion and Control Act of 1970 (21 U.S.C. 802))
in a commercial motor vehicle or on the person
of any occupant (including the operator) of the
vehicle; and
‘‘(2) for documented enforcement of State traf-
fic laws and regulations designed to promote the
safe operation of commercial motor vehicles, includ-
ing documented enforcement of such laws and regu-
739
lations relating to noncommercial motor vehicles
when necessary to promote the safe operation of
commercial motor vehicles if the number of roadside
safety inspections conducted in the State is main-
tained at a level at least equal to the average num-
ber conducted in the State in fiscal years 2001,
2002, and 2003; except that the State may not use
more than 5 percent of the aggregate amount the
State receives under the grant under subsection (a)
for enforcement activities relating to noncommercial
motor vehicles described in this paragraph.’’; and
(2) by adding at the end the following:
‘‘(e) ANNUAL REPORT.—The Secretary shall submit
to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on
Commerce, Science and Transportation of the Senate an
annual report that describes the effect of activities carried
out with funds from grants made under this section on
commercial motor vehicle safety.’’.
(c) AUTHORIZATION OF APPROPRIATIONS.—Section
31104(a) of such title is amended to read as follows:
‘‘(a) IN GENERAL.—Subject to subsection (f), there
are authorized to be appropriated from the Highway Trust
Fund (other than the Mass Transit Account) to carry out
section 31102—
740
‘‘(1) $188,852,000 for fiscal year 2004;
‘‘(2) $188,480,000 for fiscal year 2005;
‘‘(3) $188,000,000 for fiscal year 2006;
‘‘(4) $197,000,000 for fiscal year 2007;
‘‘(5) $202,000,000 for fiscal year 2008; and
‘‘(6) $209,000,000 for fiscal year 2009.’’.
(d) NEW ENTRANT AUDITS.—Section 31104(f) of
such title is amended—
(1) in paragraph (1) by striking ‘‘deduction
under subsection (e)’’ and inserting ‘‘deductions
under subsection (e) and paragraphs (2) and (3)’’;
(2) the first sentence of paragraph (2)(A)—
(A) by striking ‘‘or’’; and
(B) by inserting after ‘‘technologies’’ the
following: ‘‘, or improve the quality and accu-
racy of data provided by the State’’;
(3) in paragraph (2)—
(A) by striking ‘‘and border activities.—’’
and all that follows through ‘‘5 percent’’ and
inserting ‘‘activities.—The Secretary may des-
ignate up to 10 percent’’; and
(B) by striking subparagraph (B); and
(4) by adding at the end the following:
‘‘(3) NEW
ENTRANT
AUDITS.—The Secretary
may deduct up to $15,000,000 of the amounts avail-
741
able under subsection (a) for a fiscal year for audits
of new entrant motor carriers under section
31144(g).’’.
(e) 
TECHNICAL
AMENDMENTS.—Sections
31102(b)(3) and 31103(a) of such title are amended by
striking ‘‘(1)(D)’’ and inserting ‘‘(1)(E)’’.
SEC. 4103. BORDER ENFORCEMENT GRANTS.
(a) IN GENERAL.—Chapter 311 of title 49, United
States Code, is amended—
(1) by striking the heading for subchapter I
and inserting the following:
‘‘SUBCHAPTER I—GENERAL AUTHORITY AND
STATE GRANTS’’; and
(2) by striking section 31107 and inserting the
following:
‘‘§ 31107. Border enforcement grants
‘‘(a) GENERAL
AUTHORITY.—The Secretary of
Transportation may make a grant in a fiscal year to a
State that shares a land border with another country for
carrying out border commercial motor vehicle safety pro-
grams and related enforcement activities and projects.
‘‘(b) MAINTENANCE OF EXPENDITURES.—The Sec-
retary may make a grant to a State under this section
only if the State agrees that the total expenditure of
amounts of the State and political subdivisions of the
742
State, exclusive of amounts from the United States, for
carrying out border commercial motor vehicle safety pro-
grams and related enforcement activities and projects will
be maintained at a level at least equal to the average level
of that expenditure by the State and political subdivisions
of the State for the last 2 fiscal years of the State ending
before the date of enactment of the Transportation Equity
Act: A Legacy for Users.
‘‘(c) GOVERNMENTS SHARE OF COSTS.—The Sec-
retary shall reimburse a State under a grant made under
this section an amount that is not more than 100 percent
of the costs incurred by the State in a fiscal year for car-
rying out border commercial motor vehicle safety pro-
grams and related enforcement activities and projects.
‘‘(d) 
AVAILABILITY
AND
REALLOCATION
OF
AMOUNTS.—Allocations to a State remain available for ex-
penditure in the State for the fiscal year in which they
are allocated and for the next fiscal year. Amounts not
expended by a State during those 2 fiscal years are avail-
able to the Secretary for reallocation under this section.’’.
(b) CONFORMING AMENDMENTS.—
(1) ITEM RELATING TO SUBCHAPTER I.—The
analysis for such chapter is amended by striking the
item relating to subchapter I and inserting the fol-
lowing:
743
‘‘SUBCHAPTER I—GENERAL AUTHORITY AND STATE GRANTS’’.
(2) ITEM RELATING TO SECTION 31107.—The
analysis for such chapter is amended by striking the
item relating to section 31107 and inserting the fol-
lowing:
‘‘31107. Border enforcement grants.’’.
SEC. 4104. COMMERCIAL DRIVER’S LICENSE IMPROVE-
MENTS.
(a) STATE GRANTS.—Chapter 313 of title 49, United
States Code, is amended by inserting after section 31312
the following:
‘‘§ 31313. Grants for commercial driver’s license pro-
gram improvements
‘‘(a) GRANTS FOR COMMERCIAL DRIVER’S LICENSE
PROGRAM IMPROVEMENTS.—
‘‘(1) GENERAL AUTHORITY.—The Secretary of
Transportation may make a grant to a State in a
fiscal year—
‘‘(A) to comply with the requirements of
section 31311; and
‘‘(B) in the case of a State that is in sub-
stantial compliance with the requirements of
section 31311 and this section, to improve its
implementation of its commercial driver’s li-
cense program.
744
‘‘(2) PURPOSES FOR WHICH GRANTS MAY BE
USED.—A State may use grants under paragraphs
(1)(A) and (1)(B) only for expenses directly related
to its compliance with section 31311; except that a
grant under paragraph (1)(B) may be used for im-
proving implementation of the State’s commercial
driver’s license program, including expenses for com-
puter hardware and software, publications, testing,
personnel, training, and quality control. The grant
may not be used to rent, lease, or buy land or build-
ings.
‘‘(3) APPLICATION.—In order to receive a grant
under this section, a State must submit an applica-
tion for such grant that is in such form, and con-
tains such information, as the Secretary may re-
quire. The application shall include the State’s as-
sessment of its commercial drivers license program.
‘‘(4) MAINTENANCE OF EXPENDITURES.—The
Secretary may make a grant to a State under this
subsection only if the State agrees that the total ex-
penditure of amounts of the State and political sub-
divisions of the State, exclusive of amounts from the
United States, for the State’s commercial driver’s li-
cense program will be maintained at a level at least
equal to the average level of that expenditure by the
745
State and political subdivisions of the State for the
last 2 fiscal years of the State ending before the
date of enactment of the Transportation Equity Act:
A Legacy for Users.
‘‘(5) GOVERNMENT
SHARE.—The Secretary
shall reimburse a State under a grant made under
this subsection an amount that is not more than 80
percent of the costs incurred by the State in a fiscal
year in complying with section 31311 and improving
its implementation of its commercial driver’s license
program. In determining such costs, the Secretary
shall include in-kind contributions by the State.
Amounts required to be expended by the State under
paragraph (4) may not be included as part of the
non-Federal share of such costs.
‘‘(b) HIGH-PRIORITY ACTIVITIES.—
‘‘(1) GRANTS FOR NATIONAL CONCERNS.—The
Secretary may make a grant to a State agency, local
government, or other person for 100 percent of the
costs 
of 
research, 
development, 
demonstration
projects, public education, and other special activi-
ties and projects relating to commercial driver li-
censing and motor vehicle safety that are of benefit
to all jurisdictions of the United States or are de-
746
signed to address national safety concerns and cir-
cumstances.
‘‘(2) FUNDING.—The Secretary may deduct up
to 10 percent of the amounts made available to
carry out this section for a fiscal year to make
grants under this subsection.’’.
(b) CONFORMING AMENDMENT.—The analysis for
such chapter is amended by inserting after the item relat-
ing to section 31312 the following:
‘‘31313. Grants for commercial driver’s license program improvements.’’.
(c) AMOUNTS WITHHELD.—Subsections (a) and (b)
of section 31314 of such title are each amended by insert-
ing ‘‘up to’’ after ‘‘withhold’’.
SEC. 4105. HOBBS ACT.
(a) JURISDICTION
OF COURT
OF APPEALS OVER
COMMERCIAL MOTOR VEHICLE SAFETY REGULATION
AND OPERATORS AND MOTOR CARRIER SAFETY.—Section
2342(3)(A) of title 28, United States Code, is amended
by inserting before ‘‘of title 49’’ the following: ‘‘, sub-
chapter III of chapter 311, chapter 313, or chapter 315’’.
(b) JUDICIAL REVIEW.—Section 351(a) of title 49,
United States Code, is amended by striking ‘‘Federal
Highway Administration’’ and inserting ‘‘Federal Motor
Carrier Safety Administration’’.
(c) AUTHORITY TO CARRY OUT CERTAIN TRANS-
FERRED DUTIES AND POWERS.—Section 352 of title 49,
747
United States Code, is amended by striking ‘‘Federal
Highway Administration’’ and inserting ‘‘Federal Motor
Carrier Safety Administration’’.
SEC. 4106. PENALTY FOR DENIAL OF ACCESS TO RECORDS.
Section 521(b) of title 49, United States Code, is
amended—
(1) by striking ‘‘(b)(1)(A) If the Secretary’’ and
inserting the following:
‘‘(b) 
VIOLATIONS
RELATING
TO
COMMERCIAL
MOTOR VEHICLE SAFETY REGULATION
AND OPERA-
TORS.—
‘‘(1) NOTICE.—
‘‘(A) IN GENERAL.—If the Secretary’’; and
(2) by adding at the end of paragraph (2) the
following:
‘‘(E) COPYING OF RECORDS AND ACCESS
TO
EQUIPMENT, LANDS, AND
BUILDINGS.—A
person subject to chapter 51 or part B of sub-
title VI who fails to allow the Secretary, or an
employee designated by the Secretary, promptly
upon demand to inspect and copy any record or
inspect and examine equipment, lands, build-
ings, and other property in accordance with sec-
tion 504(c), 5121(c), or 14122(b) shall be liable
to the United States for a civil penalty not to
748
exceed $1,000 for each offense. Each day the
Secretary is denied the right to inspect and
copy any record or inspect and examine equip-
ment, lands, buildings, and other property shall
constitute a separate offense; except that the
total of all civil penalties against any violator
for all offenses related to a single violation shall
not exceed $10,000. It shall be a defense to
such penalty that the records did not exist at
the time of the Secretary’s request or could not
be timely produced without unreasonable ex-
pense or effort. Nothing in this subparagraph
shall be construed as amending or superseding
any remedy available to the Secretary under
section 502(d), section 507(c), or any other
provision of this title.’’.
SEC. 4107. MEDICAL REVIEW BOARD.
Section 113 of title 49, United States Code, is
amended by adding at the end the following:
‘‘(j) MEDICAL REVIEW BOARD.—
‘‘(1) ESTABLISHMENT
AND
FUNCTION.—The
Administrator shall establish a Medical Review
Board as an advisory committee to provide the Ad-
ministration with medical advice and recommenda-
tions on driver qualification medical standards and
749
guidelines, medical examiner education, and medical
research.
‘‘(2) 
COMPOSITION.—The 
Medical 
Review
Board shall consist of 5 members appointed for a
term not to exceed 3 years by the Secretary from
medical institutions and private medical practice.
The membership shall reflect expertise in a variety
of medical specialties relevant to the functions of the
Administration.’’.
SEC. 4108. INCREASED PENALTIES FOR OUT-OF-SERVICE
VIOLATIONS AND FALSE RECORDS.
(a) RECORDKEEPING
AND
REPORTING
VIOLA-
TIONS.—Section 521(b)(2)(B) of title 49, United States
Code, is amended—
(1) in clause (i) by striking ‘‘$500’’ and insert-
ing ‘‘$1,000’’; and
(2) by striking ‘‘$5,000’’ each place it appears
and inserting ‘‘$10,000’’.
(b) VIOLATIONS OF OUT-OF-SERVICE ORDERS.—Sec-
tion 31310(i)(2) of title 49, United States Code, is
amended—
(1) by striking ‘‘Not later than December 18,
1992, the’’ and inserting ‘‘The’’;
(2) in subparagraph (A)—
750
(A) by striking ‘‘90 days’’ and inserting
‘‘180 days’’; and
(B) by striking ‘‘$1,000’’ and inserting
‘‘$2,500’’;
(3) in subparagraph (B)—
(A) by striking ‘‘one year’’ and inserting
‘‘2 years’’; and
(B) by striking ‘‘$1,000; and’’ and insert-
ing ‘‘$5,000;’’; and
(4) in subparagraph (C) by striking ‘‘$10,000.’’
and inserting ‘‘$25,000; and’’.
SEC. 4109. COMMERCIAL VEHICLE INFORMATION SYSTEMS
AND NETWORKS DEPLOYMENT.
(a) IN GENERAL.—The Secretary shall carry out a
commercial vehicle information systems and networks pro-
gram to—
(1) improve the safety and productivity of com-
mercial vehicles and drivers; and
(2) reduce costs associated with commercial ve-
hicle operations and Federal and State commercial
vehicle regulatory requirements.
(b) PURPOSE.—The program shall advance the tech-
nological capability and promote the deployment of intel-
ligent transportation system applications for commercial
751
motor vehicle operations, commercial driver, and carrier-
specific information systems and networks.
(c) CORE DEPLOYMENT GRANTS.—
(1) IN GENERAL.—The Secretary shall make
grants to eligible States for the core deployment of
commercial vehicle information systems and net-
works.
(2) AMOUNT OF GRANTS.—The maximum ag-
gregate amount the Secretary may grant to a State
for the core deployment of commercial vehicle infor-
mation systems and networks under this subsection
and sections 5001(a)(5) and 5001(a)(6) of the
Transportation Equity Act for the 21st Century
(112 Stat. 420) may not exceed $2,500,000.
(3) USE
OF
FUNDS.—Funds from a grant
under this subsection may only be used for the core
deployment of commercial vehicle information sys-
tems and networks. An eligible State that has either
completed the core deployment of commercial vehicle
information systems and networks or completed such
deployment before grant funds are expended under
this subsection may use the grant funds for the ex-
panded deployment of commercial vehicle informa-
tion systems and networks in the State.
(d) EXPANDED DEPLOYMENT GRANTS.—