H. R. 3—570
‘‘(C) coordinate with other Federal agencies to share, and 
otherwise avoid duplication of, transportation services provided 
under this subsection. 
‘‘(4) For purposes of any determination under chapter 81 of 
title 5 or chapter 171 of title 28, an individual shall not be consid-
ered to be in the ‘performance of duty’ or ‘acting within the scope 
of his or her office or employment’ by virtue of the fact that 
such individual is receiving transportation services under this sub-
section. Nor shall any time during which an individual uses such 
services be considered when calculating the hours of work or 
employment for that individual for purposes of title 5 of the United 
States Code, including chapter 55 of that title. 
‘‘(5)(A) The Administrator of General Services, after consulta-
tion with the appropriate agencies, shall prescribe any regulations 
necessary to carry out this subsection. 
‘‘(B) Transportation services under this subsection shall be sub-
ject neither to the last sentence of subsection (d)(3) nor to any 
regulations under the last sentence of subsection (e)(1). 
‘‘(6) In this subsection, the term ‘passenger carrier’ means a 
passenger motor vehicle or similar means of transportation that 
is owned, leased, or provided pursuant to contract by the United 
States Government.’’. 
(2) FUNDS FOR MAINTENANCE, REPAIR, ETC.—Subsection (a) 
of section 1344 of title 31, United States Code, is amended 
by adding at the end the following: 
‘‘(3) For purposes of paragraph (1), the transportation of an 
individual between such individual’s place of employment and a 
mass transit facility pursuant to subsection (g) is transportation 
for an official purpose.’’. 
(3) COORDINATION.—The authority to provide transpor-
tation services under section 1344(g) of title 31, United States 
Code (as amended by paragraph (1)) shall be in addition to 
any authority otherwise available to the agency involved. 
SEC. 3050. COMMUTER RAIL. 
(a) IN GENERAL.—The Federal Transit Administration shall 
approve final design for the projects authorized under section 
3030(c)(1)(A)(xliv) of the Federal Transit Act of 1998 and section 
1214(g) of the Transportation Equity Act for the 21st Century 
(16 U.S.C. 668dd note) in the absence of an access agreement 
with the owner of the railroad right-of-way. 
(b) TIMELY RESOLUTION OF ISSUES.—The Secretary shall timely 
resolve any issues delaying the completion of the projects authorized 
under section 1214(g) of the Transportation Equity Act for the 
21st Century (16 U.S.C. 668dd note) and section 3030(c)(1)(A)(xliv) 
of the Federal Transit Act of 1998. 
SEC. 3051. PARATRANSIT SERVICE IN ILLINOIS. 
In the State of Illinois, a regional or State agency, or another 
transit agency, may be responsible for providing the complementary 
paratransit services that would otherwise be provided by a transit 
agency under the Americans with Disabilities Act of 1990. Where 
a regional or State agency, or another transit agency, undertakes 
to provide such services, either by agreement or pursuant to State 
legislation, the Secretary may audit the paratransit services pro-
vided, make recommendations, and take appropriate enforcement 
action directed to such regional, State, or transit agency providing 
the services, to ensure that the requirements of the Americans
H. R. 3—571
with Disabilities Act of 1990 are met. Nothing in this Act shall 
be construed to conflict with the requirements of the Americans 
with Disabilities Act of 1990 and its implementing regulations.
TITLE IV—MOTOR CARRIER SAFETY 
SEC. 4001. SHORT TITLE. 
This title may be cited as the ‘‘Motor Carrier Safety Reauthor-
ization Act of 2005’’. 
Subtitle A—Commercial Motor Vehicle 
Safety 
SEC. 4101. AUTHORIZATION OF APPROPRIATIONS. 
(a) MOTOR CARRIER SAFETY GRANTS.—Section 31104(a) of title 
49, United States Code, is amended to read as follows: 
‘‘(a) IN GENERAL.—Subject to subsection (f), there are authorized 
to be appropriated from the Highway Trust Fund (other than the 
Mass Transit Account) to carry out section 31102—
‘‘(1) $188,480,000 for fiscal year 2005; 
‘‘(2) $188,000,000 for fiscal year 2006; 
‘‘(3) $197,000,000 for fiscal year 2007; 
‘‘(4) $202,000,000 for fiscal year 2008; and 
‘‘(5) $209,000,000 for fiscal year 2009.’’. 
(b) ADMINISTRATIVE EXPENSES.—Section 31104 of such title 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 Carrier Safety Administration—
‘‘(A) $254,849,000 for fiscal year 2005; 
‘‘(B) $213,000,000 for fiscal year 2006; 
‘‘(C) $223,000,000 for fiscal year 2007; 
‘‘(D) $228,000,000 for fiscal year 2008; and 
‘‘(E) $234,000,000 for fiscal year 2009. 
‘‘(2) USE OF FUNDS.—The funds authorized by this sub-
section shall be used for personnel costs; administrative infra-
structure; rent; information technology; programs for research 
and technology, information management, regulatory develop-
ment, the administration of the performance and registration 
information system 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 funded from other sources. 
‘‘(j) AVAILABILITY OF FUNDS; CONTRACT AUTHORITY.—
‘‘(1) PERIOD OF AVAILABILITY.—The amounts made available 
under this section shall remain available until expended. 
‘‘(2) INITIAL DATE OF AVAILABILITY.—Authorizations from 
the Highway Trust Fund (other than the Mass Transit Account) 
by this section shall be available for obligation on the date 
of their apportionment or allocation or on October 1 of the 
fiscal year for which they are authorized, whichever occurs 
first.
H. R. 3—572
‘‘(3) CONTRACT AUTHORITY.—Approval by the Secretary of 
a grant with funds made available under this section 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.’’. 
(c) GRANT PROGRAMS.—There are authorized to be appropriated 
from the Highway Trust Fund (other than the Mass Transit 
Account) the following sums for the following Federal Motor Carrier 
Safety Administration programs: 
(1) COMMERCIAL DRIVER’S LICENSE PROGRAM IMPROVEMENT 
GRANTS.—For commercial driver’s license program improvement 
grants under section 31313 of title 49, United States Code 
$25,000,000 for each of fiscal years 2006 through 2009. 
(2) BORDER
ENFORCEMENT
GRANTS.—For border enforce-
ment grants under section 31107 of such title $32,000,000 
for each of fiscal years 2006, 2007, 2008, and 2009. 
(3) PERFORMANCE AND REGISTRATION INFORMATION SYSTEM 
MANAGEMENT GRANT PROGRAM.—For the performance and reg-
istration information system management grant program under 
section 31109 of such title $5,000,000 for each of fiscal years 
2006, 2007, 2008, and 2009. 
(4) COMMERCIAL VEHICLE INFORMATION SYSTEMS AND NET-
WORKS DEPLOYMENT.—For carrying out the commercial vehicle 
information systems and networks deployment program under 
section 4126 of this Act, $25,000,000 for each of fiscal years 
2006 through 2009. 
(5) SAFETY DATA IMPROVEMENT GRANTS.—For safety data 
improvement grants under section 4128 of this Act $2,000,000 
for fiscal year 2006 and $3,000,000 for each of fiscal years 
2007 through 2009. 
(d) PERIOD
OF AVAILABILITY.—The amounts made available 
under subsection (c) of this section shall remain available until 
expended. 
(e) INITIAL DATE OF AVAILABILITY.—Amounts authorized to be 
appropriated from the Highway Trust Fund (other than the Mass 
Transit Account) by subsection (c) shall be available for obligation 
on the date of their apportionment or allocation or on October 
1 of the fiscal year for which they are authorized, whichever occurs 
first. 
(f) CONTRACT AUTHORITY.—Approval by the Secretary of a grant 
with funds made available under subsection (c) imposes upon the 
United States a contractual obligation for payment of the Govern-
ment’s share of costs incurred in carrying out the objectives of 
the grant. 
SEC. 4102. INCREASED PENALTIES FOR OUT-OF-SERVICE VIOLATIONS 
AND FALSE RECORDS. 
(a) RECORDKEEPING
AND
REPORTING
VIOLATIONS.—Section 
521(b)(2)(B) of title 49, United States Code, is amended—
(1) in clause (i) by striking ‘‘$500’’ and inserting ‘‘$1,000’’; 
and 
(2) by striking ‘‘$5,000’’ each place it appears and inserting 
‘‘$10,000’’. 
(b) 
VIOLATIONS
OF
OUT-OF-SERVICE
ORDERS.—Section 
31310(i)(2) of title 49, United States Code, is amended—
(1) by striking ‘‘Not later than December 18, 1992, the’’ 
and inserting ‘‘The’’;
H. R. 3—573
(2) in subparagraph (A)—
(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 inserting ‘‘$5,000;’’; 
(4) in subparagraph (C) by striking ‘‘$10,000.’’ and inserting 
‘‘$25,000; and’’; and 
(5) by adding at the end the following: 
‘‘(D) an employer that knowingly and willfully allows or 
requires an employee to operate a commercial motor vehicle 
in violation of an out-of-service order shall, upon conviction, 
be subject for each offense to imprisonment for a term not 
to exceed one year or a fine under title 18, or both.’’. 
SEC. 4103. 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 OPERATORS.—
‘‘(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 a motor carrier, broker, freight forwarder, or owner 
or operator of a commercial motor vehicle subject to part 
B of subtitle VI who fails to allow promptly, upon demand, 
the Secretary (or an employee designated by the Secretary) 
to inspect and copy any record or inspect and examine 
equipment, lands, buildings and other property in accord-
ance with sections 504(c), 5121(c), and 14122(b) shall be 
liable to the United States for a civil penalty not to exceed 
$1,000 for each offense. Each day the Secretary is denied 
the right to inspect and copy any record or inspect and 
examine equipment, 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 expense or 
effort. Nothing in this subparagraph amends or supersedes 
any remedy available to the Secretary under section 502(d), 
section 507(c), or any other provision of this title.’’. 
SEC. 4104. REVOCATION OF OPERATING AUTHORITY. 
Section 13905(e) of title 49, United States Code, is amended—
(1) by striking paragraph (1) and inserting the following: 
‘‘(1) PROTECTION OF SAFETY.—Notwithstanding subchapter 
II of chapter 5 of title 5, the Secretary—
‘‘(A) may suspend the registration of a motor carrier, 
a freight forwarder, or a broker for failure to comply with 
requirements of the Secretary pursuant to section 13904(c)