444
(1) for the first 3 years for which a State re-
ceives a grant under this section, 75 percent; and 
(2) for the fourth fiscal year for which a State 
receives a grant under this section, 50 percent. 
(e) GRANT ELIGIBILITY.—
(1) IN GENERAL.—A State becomes eligible for a 
grant under this section by adopting or dem-
onstrating to the satisfaction of the Secretary—
(A) for the first fiscal year for which the 
State will receive a grant under this section, at 
least 1 of the 6 criteria listed in paragraph (2); 
(B) for the second, third, and fourth fiscal 
years for which the State will receive a grant 
under this section, at least 2 of the 6 criteria 
listed in paragraph (2); and 
(C) for any subsequent fiscal years for 
which the State will receive a grant under this 
section, at least 3 of the 6 criteria listed in para-
graph (2). 
(2) CRITERIA.—The criteria for eligibility for a 
grant under this section are the following: 
(A) 
MOTORCYCLE
RIDER
TRAINING 
COURSES.—An effective motorcycle rider train-
ing course that is offered throughout the State, 
provides a formal program of instruction in ac-
445
cident avoidance and other safety-oriented oper-
ational skills to motorcyclists, and may include 
innovative training opportunities to meet unique 
regional needs. 
(B) 
MOTORCYCLISTS
AWARENESS
PRO-
GRAM.—An effective statewide program to en-
hance motorist awareness of the presence of mo-
torcyclists on or near roadways and safe driving 
practices that avoid injuries to motorcyclists. 
(C) REDUCTION OF FATALITIES AND CRASH-
ES INVOLVING MOTORCYCLES.—A reduction for 
the preceding calendar year in the number of 
motorcycle fatalities and the rate of motor vehi-
cle crashes involving motorcycles in the State 
(expressed as a function of 10,000 motorcycle 
registrations). 
(D) IMPAIRED DRIVING PROGRAM.—Imple-
mentation of a statewide program to reduce im-
paired driving, including specific measures to re-
duce impaired motorcycle operation. 
(E) REDUCTION OF FATALITIES AND ACCI-
DENTS INVOLVING IMPAIRED MOTORCYCLISTS.—
A reduction for the preceding calendar year in 
the number of fatalities and the rate of reported 
crashes involving alcohol- or drug-impaired mo-
446
torcycle operators (expressed as a function of 
10,000 motorcycle registrations). 
(F) FEES
COLLECTED
FROM
MOTORCY-
CLISTS.—All fees collected by the State from mo-
torcyclists for the purposes of funding motorcycle 
training and safety programs are used for mo-
torcycle training and safety programs. 
(f) ELIGIBLE USES.—
(1) IN GENERAL.—A State may use funds from 
a grant under this section only for motorcyclist safety 
training and motorcyclist awareness programs, in-
cluding—
(A) improvements to motorcyclist safety 
training curricula; 
(B) improvements in program delivery of 
motorcycle training to both urban and rural 
areas, including—
(i) procurement or repair of practice 
motorcycles; 
(ii) instructional materials; 
(iii) mobile training units; and 
(iv) leasing or purchase of facilities for 
classroom instruction and closed-course skill 
training;
447
(C) measures designed to increase the re-
cruitment or retention of motorcyclist safety 
training instructors; and 
(D) public awareness, public service an-
nouncements, and other outreach programs to en-
hance motorcyclist awareness. 
(2) SUBALLOCATIONS
OF
FUNDS.—An agency 
that receives a grant under this section may suballo-
cate funds from the grant to a nonprofit organization 
incorporated in that State to carry out under this 
section. 
(g) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) MOTORCYCLIST SAFETY TRAINING.—The term 
‘‘motorcyclist safety training’’ means a formal pro-
gram of instruction that—
(A) provides accident avoidance and other 
safety-oriented operational skills to motorcyclists; 
and 
(B) is approved for use in a State by the 
designated State authority having jurisdiction 
over motorcyclist safety issues. 
(2) MOTORCYCLIST AWARENESS.—The term ‘‘mo-
torcyclist awareness’’ means individual or collective 
awareness of—
448
(A) the presence of motorcycles on or near 
roadways; and 
(B) safe driving practices that avoid injury 
to motorcyclists. 
(3) MOTORCYCLIST AWARENESS PROGRAM.—The 
term ‘‘motorcyclist awareness program’’ means an in-
formational or public awareness program designed to 
enhance motorcyclist awareness that is developed by 
or in coordination with the designated State author-
ity having jurisdiction over motorcyclist safety issues. 
(4) STATE.—The term ‘‘State’’ has the same 
meaning such term has in section 101(a) of title 23, 
United States Code. 
(h) MAXIMUM GRANT AMOUNT.—The amount of a 
grant made to a State for a fiscal year under this section 
may not exceed 25 percent of the amount apportioned to 
the State for fiscal year 2003 under section 402 of title 23, 
United States Code. 
(i) ADMINISTRATIVE EXPENSES.—Funds authorized to 
be appropriated to carry out this section in a fiscal year 
shall be subject to a deduction by the Secretary not to exceed 
5 percent for the necessary costs of administering the provi-
sions of this section. 
(j) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section from
449
the Highway Trust Fund (other than the Mass Transit Ac-
count) $6,000,000 for each of fiscal years 2006 through 2008 
and $7,000,000 for fiscal year 2009. 
(k) APPLICABILITY OF TITLE 23.—Funds authorized 
under this section shall be available for obligation in the 
same manner as if the funds were apportioned under chap-
ter 1 of title 23, United States Code; except that such funds 
shall not be transferable. 
SEC. 2009. DRIVER FATIGUE. 
Section 402(a) of title 23, United States Code, is 
amended—
(1) by striking ‘‘and’’ before ‘‘(6)’’; and 
(2) by inserting before the period the following: 
‘‘; and (7) to reduce deaths and injuries resulting 
from persons driving motor vehicles while fatigued’’. 
SEC. 2010. AUTHORIZATION OF APPROPRIATIONS FOR 
HIGHWAY SAFETY RESEARCH AND DEVELOP-
MENT. 
(a) IN GENERAL.—There is authorized to be appro-
priated out of the Highway Trust Fund (other than the 
Mass Transit Account) for carrying out section 403 of title 
23, United States Code, $71,575,000 for fiscal year 2004, 
$71,424,000 for fiscal year 2005, and $75,000,000 for each 
of fiscal years 2006 through 2009.
450
(b) APPLICABILITY OF TITLE 23.—Except as otherwise 
provided in chapter 4 of title 23, United States Code, and 
this title, amounts made available under subsection (a) for 
each of fiscal years 2004 through 2009 shall be available 
for obligation in the same manner as if such funds were 
apportioned under chapter 1 of title 23, United States Code. 
SEC. 2011. SAFETY DATA. 
(a) IN GENERAL.—Using funds made available to 
carry out section 403 of title 23, United States Code, for 
fiscal years 2005 through 2009, the Secretary shall collect 
data and compile statistics on accidents involving motor 
vehicles being backed up that result in fatalities and inju-
ries and that occur on public and nonpublic roads and resi-
dential and commercial driveways and parking facilities. 
(b) REPORT.—Not later than January 1, 2009, the 
Secretary shall transmit to the Committee on Transpor-
tation and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and Transpor-
tation of the Senate a report on accidents described in sub-
section (a), including the data collected and statistics com-
piled under subsection (a) and any recommendations re-
garding measures to be taken to reduce the number of such 
accidents and the resulting fatalities and injuries.
451
SEC. 2012. DRIVER PERFORMANCE STUDY. 
(a) IN GENERAL.—Using funds made available to 
carry out section 403 of title 23, United States Code, for 
fiscal year 2005, the Secretary shall make $1,000,000 avail-
able to conduct a study on the risks associated with glare 
to oncoming drivers, including increased risks to drivers on 
2-lane highways, increased risks to drivers over the age of 
50, and the overall effects of glare on driver performance. 
(b) REPORT.—Not later than 18 months after the date 
of enactment of this Act, the Secretary shall transmit to 
the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report on the 
results of the study and any recommendations regarding 
measures to reduce the risks associated with glare to oncom-
ing drivers. 
TITLE III—FEDERAL TRANSIT 
ADMINISTRATION PROGRAMS 
SEC. 3001. SHORT TITLE; AMENDMENTS TO TITLE 49, 
UNITED STATES CODE. 
(a) SHORT TITLE.—This title may be cited as the 
‘‘Federal Public Transportation Act of 2005’’. 
(b) AMENDMENTS
TO TITLE 49, UNITED STATES 
CODE.—Except as otherwise specifically provided, whenever 
in this title an amendment or repeal is expressed in terms 
of an amendment to, or repeal of, a section or other provi-
452
sion of law, the reference shall be considered to be made 
to a section or other provision of title 49, United States 
Code. 
SEC. 3002. POLICIES, FINDINGS, AND PURPOSES. 
(a) IN GENERAL.—Section 5301(a) is amended to read 
as follows: 
‘‘(a) DEVELOPMENT AND REVITALIZATION OF PUBLIC 
TRANSPORTATION SYSTEMS.—It is in the interest of the 
United States to foster the development and revitalization 
of public transportation systems that—
‘‘(1) maximize the safe, secure, and efficient mo-
bility of individuals; 
‘‘(2) minimize environmental impacts; and 
‘‘(3) minimize transportation-related fuel con-
sumption and reliance on foreign oil.’’. 
(b) 
PRESERVING
THE
ENVIRONMENT.—Section 
5301(e) is amended—
(1) by striking ‘‘an urban’’ and inserting ‘‘a’’; 
and 
(2) by striking ‘‘under sections 5309 and 5310 of 
this title’’. 
(c) GENERAL PURPOSES.—Section 5301(f) is amend-
ed—
(1) in paragraph (1)—
453
(A) by striking ‘‘mass’’ the first place it ap-
pears and inserting ‘‘public’’; and 
(B) by striking ‘‘public and private mass 
transportation companies’’ and inserting ‘‘both 
public transportation companies and private 
companies engaged in public transportation’’; 
(2) in paragraph (2)—
(A) by striking ‘‘urban mass’’ and inserting 
‘‘public’’; and 
(B) by striking ‘‘public and private mass 
transportation companies’’ and inserting ‘‘both 
public transportation companies and private 
companies engaged in public transportation’’; 
(3) in paragraph (3)—
(A) by striking ‘‘urban mass’’ and inserting 
‘‘public’’; and 
(B) by striking ‘‘public or private mass 
transportation companies’’ and inserting ‘‘public 
transportation companies or private companies 
engaged in public transportation’’; and 
(4) in paragraph (5) by striking ‘‘urban mass’’ 
and inserting ‘‘public’’. 
SEC. 3003. DEFINITIONS. 
(a) LEAD-IN.—Section 5302(a) is amended in the mat-
ter preceding paragraph (1) by striking ‘‘In this chapter’’
454
and inserting ‘‘Except as otherwise specifically provided, 
in this chapter’’. 
(b) CAPITAL PROJECT.—Section 5302(a)(1) is amend-
ed—
(1) in subparagraph (G) by inserting ‘‘construc-
tion, renovation, and improvement of intercity bus 
stations and terminals,’’ before ‘‘and the renovation 
and improvement of historic transportation facili-
ties,’’; 
(2) in subparagraph (G)(ii) by inserting ‘‘(other 
than an intercity bus station or terminal)’’ after 
‘‘commercial revenue-producing facility’’; 
(3) by striking ‘‘or’’ at the end of subparagraph 
(H); 
(4) by striking the period at the end of subpara-
graph (I) and inserting a semicolon; and 
(5) by adding at the end the following: 
‘‘(J) crime prevention and security—
‘‘(i) including—
‘‘(I) projects to refine and develop 
security and emergency response plans; 
‘‘(II) projects aimed at detecting 
chemical and biological agents in pub-
lic transportation;
455
‘‘(III) the conduct of emergency 
response drills with public transpor-
tation agencies and local first response 
agencies; and 
‘‘(IV) security training for public 
transportation employees; but 
‘‘(ii) excluding all expenses related to 
operations, other than such expenses in-
curred in conducting activities described in 
subclauses (III) and (IV); 
‘‘(K) establishment of a debt service reserve 
made up of deposits with a bondholders’ trustee 
in a noninterest bearing account for the purpose 
of ensuring timely payment of principal and in-
terest on bonds issued by a grant recipient for 
purposes of financing an eligible project under 
this chapter; or 
‘‘(L) mobility management—
‘‘(i) consisting of short-range planning 
and management activities and projects for 
improving 
coordination 
among 
public 
transportation and other transportation 
service providers carried out by a recipient 
or subrecipient through an agreement en-
tered into with a person, including a gov-
456
ernmental entity, under this chapter (other 
than section 5309); but 
‘‘(ii) excluding operating public trans-
portation services.’’. 
(c) 
INDIVIDUAL
WITH
A
DISABILITY.—Section 
5302(a)(5) is amended—
(1) by striking ‘‘HANDICAPPED INDIVIDUAL’’ in 
the heading and inserting ‘‘INDIVIDUAL WITH A DIS-
ABILITY’’; and 
(2) by striking ‘‘handicapped individual’’ and 
inserting ‘‘individual with a disability’’. 
(d) MASS TRANSPORTATION.—Section 5302(a)(7) is 
amended to read as follows: 
‘‘(7) MASS TRANSPORTATION.—The term ‘mass 
transportation’ means public transportation.’’. 
(e) PUBLIC TRANSPORTATION.—Section 5302(a)(10) is 
amended to read as follows: 
‘‘(10) 
PUBLIC
TRANSPORTATION.—The 
term 
‘public transportation’ means transportation by a 
conveyance that provides regular and continuing gen-
eral or special transportation to the public, but does 
not include schoolbus, charter, or sightseeing trans-
portation.’’. 
(f) URBANIZED AREA.—Section 5302(a)(17) is amend-
ed to read as follows:
457
‘‘(17) URBANIZED AREA.—The term ‘urbanized 
area’ means an area encompassing a population of at 
least 50,000 people that has been defined and des-
ignated in the latest decennial census as an urbanized 
area by the Secretary of Commerce.’’. 
(g) AUTHORITY
TO MODIFY DEFINITION.—Section 
5302(b) is amended—
(1) by striking ‘‘HANDICAPPED INDIVIDUAL’’ in 
the heading and inserting ‘‘INDIVIDUAL WITH A DIS-
ABILITY’’; and 
(2) by striking ‘‘handicapped individual’’ and 
inserting ‘‘individual with a disability’’. 
SEC. 3004. METROPOLITAN PLANNING. 
Section 5303 is amended to read as follows: 
‘‘§ 5303. Metropolitan planning 
‘‘(a) IN GENERAL.—Grants made under sections 5307, 
5308, 5309, 5310, 5311, 5316, and 5317 shall be carried 
out in accordance with the metropolitan planning provi-
sions of chapter 52. 
‘‘(b) CERTIFICATION.—
‘‘(1) IN GENERAL.—The Secretary shall ensure 
and certify that each metropolitan planning organi-
zation in each transportation management area is 
carrying out its responsibilities under applicable laws 
of the United States. The Secretary may make the
458
certification only if the organization is complying 
with chapter 52 and other applicable requirements of 
laws of the United States and the organization and 
chief executive officer have approved a transportation 
improvement program for the area. 
‘‘(2) LIMITATION
ON
WITHHOLDING
CERTIFI-
CATION.—The Secretary may not withhold certifi-
cation based on the policies and criteria a metropoli-
tan planning organization or mass transportation 
grant recipient establishes under section 5306(a) for 
deciding the feasibility of private enterprise partici-
pation.’’. 
SEC. 3005. STATEWIDE PLANNING. 
(a) IN GENERAL.—Section 5304 is amended to read 
as follows: 
‘‘§ 5304. Statewide planning 
‘‘Grants made under sections 5307, 5308, 5309, 5310, 
5311, 5316, and 5317 shall be carried out in accordance 
with the statewide planning provisions of chapter 52.’’. 
(b) CONFORMING
AMENDMENT.—The analysis for 
chapter 53 is amended by striking the item relating to sec-
tion 5304 and inserting the following:
‘‘5304. Statewide planning.’’.
SEC. 3006. PLANNING PROGRAMS. 
(a) IN GENERAL.—Section 5305 is amended to read 
as follows:
459
‘‘§ 5305. Planning programs 
‘‘(a) STATE DEFINED.—In this section the term ‘State’ 
means a State of the United States, the District of Colum-
bia, and Puerto Rico. 
‘‘(b) GENERAL AUTHORITY.—
‘‘(1) ASSISTANCE.—Under criteria to be estab-
lished by the Secretary, the Secretary may provide as-
sistance for—
‘‘(A) the development of transportation 
plans and programs; 
‘‘(B) planning, engineering, designing, and 
evaluating a public transportation project; and 
‘‘(C) for other technical studies. 
‘‘(2) GRANTS, AGREEMENTS, AND CONTRACTS.—
The Secretary may provide assistance under para-
graph (1)—
‘‘(A) by making grants to States, authori-
ties of States, metropolitan planning organiza-
tions, and local governmental authorities; or 
‘‘(B) by making agreements with other de-
partments, agencies, and instrumentalities of the 
Government. 
‘‘(3) ELIGIBLE
ACTIVITIES.—Activities eligible 
for assistance under paragraph (1) include the fol-
lowing: