H. R. 3—766
‘‘(1) To carry out section 5115, $200,000. 
‘‘(2) To carry out sections 5116(a) and (b), $21,800,000 
to be allocated as follows: 
‘‘(A) $5,000,000 to carry out section 5116(a). 
‘‘(B) $7,800,000 to carry out section 5116(b). 
‘‘(C) Of the amount provided for by this paragraph 
for a fiscal year in excess of the suballocations in subpara-
graphs (A) and (B)—
‘‘(i) 35 percent shall be used to carry out section 
5116(a); and 
‘‘(ii) 65 percent shall be used to carry out section 
5116(b), 
except that the Secretary may increase the proportion to 
carry out section 5116(b) and decrease the proportion to 
carry out section 5116(a) if the Secretary determines that 
such reallocation is appropriate to carry out the intended 
uses of these funds as described in the applications sub-
mitted by States and Indian tribes. 
‘‘(3) To carry out section 5116(f), $150,000. 
‘‘(4) To publish and distribute the Emergency Response 
Guidebook under section 5116(i)(3), $625,000. 
‘‘(5) To carry out section 5116(j), $1,000,000. 
‘‘(c) HAZMAT TRAINING GRANTS.—There shall be available to 
the Secretary, from the account established pursuant to section 
5116(i), to carry out section 5107(e) $4,000,000 for each of fiscal 
years 2005 through 2008. 
‘‘(d) ISSUANCE
OF HAZMAT LICENSES.—There are authorized 
to be appropriated for the Department of Transportation such 
amounts as may be necessary to carry out section 5103a. 
‘‘(e) CREDITS TO APPROPRIATIONS.—The Secretary may credit 
to any appropriation to carry out this chapter an amount received 
from a State, Indian tribe, or other public authority or private 
entity for expenses the Secretary incurs in providing training to 
the State, authority, or entity. 
‘‘(f) AVAILABILITY OF AMOUNTS.—Amounts made available by 
or under this section remain available until expended.’’. 
SEC. 7126. REFERENCES TO THE SECRETARY OF TRANSPORTATION. 
Chapter 51 is amended by striking ‘‘Secretary of Transpor-
tation’’ each place it appears (other than the second place it appears 
in section 5108(g)(2)(C) and in sections 5102(11), 5103(c), 5103a(c), 
5115(a), 5115(c)(3), 5116(i), and 5120(a)) and inserting ‘‘Secretary’’. 
SEC. 7127. CRIMINAL MATTERS. 
Section 845(a)(1) of title 18, United States Code, is amended 
to read as follows: 
‘‘(1) aspects of the transportation of explosive materials 
via railroad, water, highway, or air that pertain to safety, 
including security, and are regulated by the Department of 
Transportation or the Department of Homeland Security;’’. 
SEC. 7128. ADDITIONAL CIVIL AND CRIMINAL PENALTIES. 
(a) TITLE 49 PENALTIES.—Section 46312 is amended—
(1) by striking ‘‘part—’’ in subsection (a) and inserting 
‘‘part or chapter 51—’’; and 
(2) by inserting ‘‘or chapter 51’’ in subsection (b) after 
‘‘under this part’’.
H. R. 3—767
(b) TITLE 18 PENALTIES.—Section 3663(a)(1)(A) of title 18, 
United States Code, is amended by inserting ‘‘5124,’’ before ‘‘46312,’’. 
SEC. 7129. HAZARDOUS MATERIAL TRANSPORTATION PLAN REQUIRE-
MENT. 
(a) IN GENERAL.—Subpart I of part 172 of the Department 
of Transportation’s regulations (49 CFR 172.800 et seq.), or any 
subsequent Department of Transportation regulation in pari 
materia, does not apply to the surface transportation activities 
of a farmer that are—
(1) in direct support of the farmer’s farming operations; 
and 
(2) conducted within a 150-mile radius of those operations. 
(b) FARMER DEFINED.—In this section, the term ‘‘farmer’’ means 
a person—
(1) actively engaged in the production or raising of crops, 
poultry, livestock, or other agricultural commodities; and 
(2) whose gross receipts from the sale of such agricultural 
commodities or products do not exceed $500,000 annually. 
SEC. 7130. DETERMINING AMOUNT OF UNDECLARED SHIPMENTS OF 
HAZARDOUS 
MATERIALS 
ENTERING 
THE 
UNITED 
STATES. 
(a) STUDY.—The Comptroller General shall review existing 
options and determine additional options for discovering the amount 
of undeclared shipments of hazardous materials (as defined in sec-
tion 5101 of title 49, United States Code) entering the United 
States. 
(b) REPORT.—Not later than 1 year after the date of enactment 
of this Act, the Comptroller General shall transmit to the Committee 
on Transportation and Infrastructure of the House of Representa-
tives and the Committee on Commerce, Science, and Transportation 
of the Senate a report on the results of the study. 
SEC. 7131. HAZARDOUS MATERIALS RESEARCH PROJECTS. 
(a) IN GENERAL.—The Administrator of the Pipeline and Haz-
ardous Materials Safety Administration shall enter into a contract 
with the National Academy of Sciences to carry out the 9 research 
projects called for in the 2005 Special Report 283 of the Transpor-
tation Research Board entitled ‘‘Cooperative Research for Hazardous 
Materials Transportation: Defining the Need, Converging on Solu-
tions’’. In carrying out the research projects, the National Academy 
of Sciences shall consult with the Administrator. 
(b) REPORT.—Not later than 6 months after the date of enact-
ment of this Act, the Secretary shall transmit to the Committee 
on Transportation and Infrastructure of the House of Representa-
tives and the Committee on Commerce, Science, and Transportation 
of the Senate a report on the need to establish a cooperative 
research program on hazardous materials transportation. 
(c) FUNDING.—Of the amounts made available by section 
5101(a)(1) of this Act, $1,250,000 for each of fiscal years 2006 
through 2009 shall be available to carry out this section.
H. R. 3—768
SEC. 7132. NATIONAL FIRST RESPONDER TRANSPORTATION INCIDENT 
RESPONSE SYSTEM. 
(a) IN GENERAL.—The Secretary shall provide funding to the 
Operation Respond Institute to design, build, and operate a seam-
less first responder hazardous materials incident detection, 
preparedness, and response system. 
(b) EXPANSION.—This system shall include an expansion of 
the Operation Respond Emergency Information System (OREIS). 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to the Secretary to carry out this section 
$2,500,000 for each of fiscal years 2005 through 2008. 
SEC. 7133. COMMON CARRIER PIPELINE SYSTEM. 
(a) STUDY.—The Secretary shall conduct a study of the eco-
nomic, environmental, and homeland security advantages and dis-
advantages of operating a common carrier pipeline system in the 
States of Texas, Louisiana, Mississippi, and Alabama for the 
transportation of aromatic chemicals. 
(b) EVALUATION.—In conducting the study, the Secretary shall 
evaluate the appropriateness of different Federal incentives for 
the construction and operation of such a pipeline system, including 
loan guarantees, other types of financial assistance, and various 
types of tax incentives. 
(c) REPORT.—Not later than December 31, 2005, the Secretary 
shall transmit to Congress a report on the results of the study, 
including recommendations, if any, for legislation. 
Subtitle B—Sanitary Food Transportation 
SEC. 7201. SHORT TITLE. 
This subtitle may be cited as the ‘‘Sanitary Food Transportation 
Act of 2005’’. 
SEC. 7202. RESPONSIBILITIES OF SECRETARY OF HEALTH AND HUMAN 
SERVICES. 
(a) UNSANITARY TRANSPORT DEEMED ADULTERATION.—Section 
402 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342) 
is amended by adding at the end the following: 
‘‘(i) If it is transported or offered for transport by a shipper, 
carrier by motor vehicle or rail vehicle, receiver, or any other 
person engaged in the transportation of food under conditions that 
are not in compliance with regulations promulgated under section 
416.’’. 
(b) SANITARY TRANSPORTATION REQUIREMENTS.—Chapter IV of 
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 341 et seq.) 
is amended by adding at the end the following: 
‘‘SEC. 416. SANITARY TRANSPORTATION PRACTICES. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) BULK
VEHICLE.—The term ‘bulk vehicle’ includes a 
tank truck, hopper truck, rail tank car, hopper car, cargo tank, 
portable tank, freight container, or hopper bin, and any other 
vehicle in which food is shipped in bulk, with the food coming 
into direct contact with the vehicle. 
‘‘(2) TRANSPORTATION.—The term ‘transportation’ means 
any movement in commerce by motor vehicle or rail vehicle.
H. R. 3—769
‘‘(b) REGULATIONS.—The Secretary shall by regulation require 
shippers, carriers by motor vehicle or rail vehicle, receivers, and 
other persons engaged in the transportation of food to use sanitary 
transportation practices prescribed by the Secretary to ensure that 
food is not transported under conditions that may render the food 
adulterated. 
‘‘(c) CONTENTS.—The regulations under subsection (b) shall—
‘‘(1) prescribe such practices as the Secretary determines 
to be appropriate relating to—
‘‘(A) sanitation; 
‘‘(B) packaging, isolation, and other protective meas-
ures; 
‘‘(C) limitations on the use of vehicles; 
‘‘(D) information to be disclosed—
‘‘(i) to a carrier by a person arranging for the 
transport of food; and 
‘‘(ii) to a manufacturer or other person that—
‘‘(I) arranges for the transportation of food 
by a carrier; or 
‘‘(II) furnishes a tank vehicle or bulk vehicle 
for the transportation of food; and 
‘‘(E) recordkeeping; and 
‘‘(2) include—
‘‘(A) a list of nonfood products that the Secretary deter-
mines may, if shipped in a bulk vehicle, render adulterated 
food that is subsequently transported in the same vehicle; 
and 
‘‘(B) a list of nonfood products that the Secretary deter-
mines may, if shipped in a motor vehicle or rail vehicle 
(other than a tank vehicle or bulk vehicle), render adulter-
ated food that is simultaneously or subsequently trans-
ported in the same vehicle. 
‘‘(d) WAIVERS.—
‘‘(1) IN GENERAL.—The Secretary may waive any require-
ment under this section, with respect to any class of persons, 
vehicles, food, or nonfood products, if the Secretary determines 
that the waiver—
‘‘(A) will not result in the transportation of food under 
conditions that would be unsafe for human or animal 
health; and 
‘‘(B) will not be contrary to the public interest. 
‘‘(2) PUBLICATION.—The Secretary shall publish in the Fed-
eral Register any waiver and the reasons for the waiver. 
‘‘(e) PREEMPTION.—
‘‘(1) IN GENERAL.—A requirement of a State or political 
subdivision of a State that concerns the transportation of food 
is preempted if—
‘‘(A) complying with a requirement of the State or 
political subdivision and a requirement of this section, or 
a regulation prescribed under this section, is not possible; 
or 
‘‘(B) the requirement of the State or political subdivi-
sion as applied or enforced is an obstacle to accomplishing 
and carrying out this section or a regulation prescribed 
under this section.
H. R. 3—770
‘‘(2) APPLICABILITY.—This subsection applies to transpor-
tation that occurs on or after the effective date of the regula-
tions promulgated under subsection (b). 
‘‘(f) ASSISTANCE
OF
OTHER
AGENCIES.—The Secretary of 
Transportation, the Secretary of Agriculture, the Administrator of 
the Environmental Protection Agency, and the heads of other Fed-
eral agencies, as appropriate, shall provide assistance on request, 
to the extent resources are available, to the Secretary for the 
purposes of carrying out this section.’’. 
(c) INSPECTION OF TRANSPORTATION RECORDS.—
(1) REQUIREMENT.—Section 703 of the Federal Food, Drug, 
and Cosmetic Act (21 U.S.C. 373) is amended—
(A) by striking the section heading and all that follows 
through ‘‘For the purpose’’ and inserting the following: 
‘‘SEC. 703. RECORDS. 
‘‘(a) IN GENERAL.—For the purpose’’; and 
(B) by adding at the end the following: 
‘‘(b) FOOD TRANSPORTATION RECORDS.—A shipper, carrier by 
motor vehicle or rail vehicle, receiver, or other person subject to 
section 416 shall, on request of an officer or employee designated 
by the Secretary, permit the officer or employee, at reasonable 
times, to have access to and to copy all records that the Secretary 
requires to be kept under section 416(c)(1)(E).’’. 
(2) CONFORMING
AMENDMENT.—Subsection (a) of section 
703 of the Federal Food, Drug, and Cosmetic Act (as designated 
by paragraph (1)(A)) is amended by striking ‘‘carriers.’’ and 
inserting ‘‘carriers, except as provided in subsection (b).’’. 
(d) PROHIBITED ACTS; RECORDS INSPECTION.—Section 301(e) of 
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331(e)) is 
amended by inserting ‘‘416,’’ before ‘‘504,’’ each place it appears. 
(e) UNSAFE FOOD TRANSPORTATION.—Section 301 of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amended by 
adding at the end the following: 
‘‘(hh) The failure by a shipper, carrier by motor vehicle or 
rail vehicle, receiver, or any other person engaged in the transpor-
tation of food to comply with the sanitary transportation practices 
prescribed by the Secretary under section 416.’’. 
SEC. 7203. DEPARTMENT OF TRANSPORTATION REQUIREMENTS. 
Chapter 57 is amended to read as follows: 
‘‘CHAPTER 57—SANITARY FOOD TRANSPORTATION
‘‘5701. Food Transportation safety inspections.
‘‘§ 5701. Food transportation safety inspections 
‘‘(a) INSPECTION PROCEDURES.—
‘‘(1) IN GENERAL.—The Secretary of Transportation, in con-
sultation with the Secretary of Health and Human Services 
and the Secretary of Agriculture, shall establish procedures 
for transportation safety inspections for the purpose of identi-
fying suspected incidents of contamination or adulteration of—
‘‘(A) food in violation of regulations promulgated under 
section 416 of the Federal Food, Drug, and Cosmetic Act; 
‘‘(B) a carcass, part of a carcass, meat, meat food 
product, or animal subject to detention under section 402 
of the Federal Meat Inspection Act (21 U.S.C. 672); and
H. R. 3—771
‘‘(C) poultry products or poultry subject to detention 
under section 19 of the Poultry Products Inspection Act 
(21 U.S.C. 467a). 
‘‘(2) TRAINING.—
‘‘(A) IN
GENERAL.—The Secretary of Transportation 
shall develop and carry out a training program to conduct 
enforcement of this chapter and regulations prescribed 
under this chapter or compatible State laws and regula-
tions. 
‘‘(B) CONDUCT.—In carrying out this paragraph, the 
Secretary 
of 
Transportation 
shall 
train 
inspectors, 
including Department of Transportation personnel, State 
employees described under subsection (c), or personnel paid 
with funds authorized under sections 31102 and 31104, 
in the recognition of adulteration problems associated with 
the transportation of cosmetics, devices, drugs, food, and 
food additives and in the procedures for obtaining assist-
ance of the appropriate departments, agencies, and 
instrumentalities of the Government and State authorities 
to support the enforcement. 
‘‘(3) APPLICABILITY.—The procedures established under 
paragraph (1) shall apply, at a minimum, to Department of 
Transportation personnel that perform commercial motor 
vehicle or railroad safety inspections. 
‘‘(b) NOTIFICATION OF SECRETARY OF HEALTH AND HUMAN SERV-
ICES OR SECRETARY OF AGRICULTURE.—The Secretary of Transpor-
tation shall promptly notify the Secretary of Health and Human 
Services or the Secretary of Agriculture, as applicable, of any 
instances of potential food contamination or adulteration of a food 
identified during transportation safety inspections. 
‘‘(c) USE OF STATE EMPLOYEES.—The means by which the Sec-
retary of Transportation carries out subsection (b) may include 
inspections conducted by State employees using funds authorized 
to be appropriated under sections 31102 through 31104.’’. 
SEC. 7204. EFFECTIVE DATE. 
This subtitle takes effect on October 1, 2005. 
Subtitle C—Research and Innovative 
Technology Administration 
SEC. 7301. ADMINISTRATIVE AUTHORITY. 
Section 112 is amended by adding at the end the following: 
‘‘(e) ADMINISTRATIVE AUTHORITIES.—The Administrator may 
enter into grants and cooperative agreements with Federal agencies, 
State and local government agencies, other public entities, private 
organizations, and other persons—
‘‘(1) to conduct research into transportation service and 
infrastructure assurance; and 
‘‘(2) to carry out other research activities of the Administra-
tion.’’.
H. R. 3—772
TITLE VIII—TRANSPORTATION DISCRE-
TIONARY SPENDING GUARANTEE 
SEC. 8001. DISCRETIONARY SPENDING LIMITS FOR THE HIGHWAY AND 
MASS TRANSIT CATEGORIES. 
(a) LIMITS.—Redesignate paragraphs (2) through (9) of section 
251(c) of the Balanced Budget and Emergency Deficit Control Act 
of 1985 as paragraphs (6) through (13), respectively, and strike 
paragraph (1) of such section 251(c) and insert the following new 
paragraphs: 
‘‘(1) with respect to fiscal year 2005—
‘‘(A) for the highway category: $31,277,000,000 in out-
lays; 
‘‘(B) for the mass transit category: $955,792,000 in 
new budget authority and $6,674,000,000 in outlays; 
‘‘(2) with respect to fiscal year 2006—
‘‘(A) for the highway category: $33,942,000,000 in out-
lays; 
‘‘(B) for the mass transit category: $1,643,000,000 in 
new budget authority and $7,359,000,000 in outlays; 
‘‘(3) with respect to fiscal year 2007—
‘‘(A) for the highway category: $36,960,000,000 in out-
lays; 
‘‘(B) for the mass transit category: $1,712,000,000 in 
new budget authority and $8,120,000,000 in outlays; 
‘‘(4) with respect to fiscal year 2008—
‘‘(A) for the highway category: $39,123,000,000 in out-
lays; 
‘‘(B) for the mass transit category: $1,858,000,000 in 
new budget authority and $8,742,000,000 in outlays; 
‘‘(5) with respect to fiscal year 2009—
‘‘(A) for the highway category: $40,660,000,000 in out-
lays; 
‘‘(B) for the mass transit category: $1,977,500,000 in 
new budget authority and $9,180,000,000 in outlays;’’. 
(b) DEFINITIONS.—Section 250(c)(4) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 is amended—
(1) in subparagraph (B)—
(A) by striking ‘‘the Transportation Equity Act for the 
21st Century’’ and all that follows through the colon and 
inserting: ‘‘the Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy for Users:’’; and 
(B) by adding at the end thereof the following new 
clauses: 
‘‘(v) 69–8362–0–7–401 (National Driver Registry). 
‘‘(vi) 69–8159–0–7–401 (Motor Carrier Safety Oper-
ations and Programs). 
‘‘(vii) 06–8158–0–7–401 (Motor Carrier Safety 
Grants).’’; and 
(2) by striking subparagraph (C) and inserting the fol-
lowing: 
‘‘(C) MASS TRANSIT CATEGORY.—The term ‘mass transit 
category’ means the following budget accounts, or portions 
of the accounts, that are subject to the obligation limita-
tions on contract authority provided in the Safe, Account-
able, Flexible, Efficient Transportation Equity Act: A
H. R. 3—773
Legacy for Users or for which appropriations are provided 
in accordance with authorizations contained in that Act: 
‘‘(i) 69–1120–0–1–401 (Administrative Expenses). 
‘‘(ii) 
69–1134–0–1–401 
(Capital 
Investment 
Grants). 
‘‘(iii) 69–8191–0–7–401 (Discretionary Grants). 
‘‘(iv) 69–1129–0–1–401 (Formula Grants). 
‘‘(v) 
69–1127–0–1–401 
(Interstate 
Transfer 
Grants—Transit). 
‘‘(vi) 69–1125–0–1–401 (Job Access and Reverse 
Commute). 
‘‘(vii) 69–1122–0–1–401 (Miscellaneous Expired 
Accounts). 
‘‘(viii) 69–1121–0–1–401 (Research, Training and 
Human Resources). 
‘‘(ix) 69–8350–0–7–401 (Trust Fund Share of 
Expenses). 
‘‘(x) 69–1137–0–1–401 (Transit Planning and 
Research). 
‘‘(xi) 69–1136–0–1–401 (University Transportation 
Research). 
‘‘(xii) 69–1128–0–1–401 (Washington Metropolitan 
Area Transit Authority).’’. 
SEC. 8002. ADJUSTMENTS TO ALIGN HIGHWAY SPENDING WITH REVE-
NUES. 
Subparagraphs (B) through (E) of section 251(b)(1) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985 are 
amended to read as follows: 
‘‘(B) ADJUSTMENT TO ALIGN HIGHWAY SPENDING WITH 
REVENUES.—(i) When the President submits the budget 
under section 1105 of title 31, United States Code, OMB 
shall calculate and the budget shall make adjustments 
to the highway category for the budget year and each 
outyear as provided in clause (ii)(I)(cc). 
‘‘(ii)(I)(aa) OMB shall take the actual level of highway 
receipts for the year before the current year and subtract 
the sum of the estimated level of highway receipts in 
subclause (II) plus any amount previously calculated under 
item (bb) for that year. 
‘‘(bb) OMB shall take the current estimate of highway 
receipts for the current year and subtract the estimated 
level of receipts for that year. 
‘‘(cc) OMB shall add one-half of the sum of the amount 
calculated under items (aa) and (bb) to the obligation 
limitations set forth in the section 8003 of the Safe, 
Accountable, Flexible, Efficient Transportation Equity Act: 
A Legacy for Users and, using current estimates, calculate 
the outlay change resulting from the change in obligations 
for the budget year and the first outyear and the outlays 
flowing therefrom through subsequent fiscal years. After 
making the calculations under the preceding sentence, 
OMB shall adjust the amount of obligations set forth in 
that section for the budget year and the first outyear 
by adding one-half of the sum of the amount calculated 
under items (aa) and (bb) to each such year.
H. R. 3—774
‘‘(II) The estimated level of highway receipts for the 
purposes of this clause are—
‘‘(aa) for fiscal year 2005, $31,562,000,000; 
‘‘(bb) for fiscal year 2006, $33,712,000,000; 
‘‘(cc) for fiscal year 2007, $34,623,000,000
‘‘(dd) for fiscal year 2008, $35,449,000,000; and 
‘‘(ee) for fiscal year 2009, $36,220,000,000. 
‘‘(III) In this clause, the term ‘highway receipts’ means 
the governmental receipts credited to the highway account 
of the Highway Trust Fund. 
‘‘(C) In addition to the adjustment required by subpara-
graph (B), when the President submits the budget under 
section 1105 of title 31, United States Code, for fiscal 
year 2007, 2008, or 2009, OMB shall calculate and the 
budget shall include for the budget year and each outyear 
an adjustment to the limits on outlays for the highway 
category and the mass transit category equal to—
‘‘(i) the outlays for the applicable category cal-
culated assuming obligation levels consistent with the 
estimates prepared pursuant to subparagraph (D), as 
adjusted, using current technical assumptions; minus 
‘‘(ii) the outlays for the applicable category set 
forth in the subparagraph (D) estimates, as adjusted. 
‘‘(D)(i) When OMB and CBO submit their final 
sequester report for fiscal year 2006, that report shall 
include an estimate of the outlays for each of the categories 
that would result in fiscal years 2007 through 2010 from 
obligations at the levels specified in section 8003 of the 
Safe, Accountable, Flexible, Efficient Transportation Equity 
Act: A Legacy for Users using current assumptions. 
‘‘(ii) When the President submits the budget under 
section 1105 of title 31, United States Code, for fiscal 
year 2007, 2008, 2009, or 2010, OMB shall adjust the 
estimates made in clause (i) by the adjustments by subpara-
graphs (B) and (C). 
‘‘(E) OMB shall consult with the Committees on the 
Budget and include a report on adjustments under subpara-
graphs (B) and (C) in the preview report.’’. 
SEC. 8003. LEVEL OF OBLIGATION LIMITATIONS. 
(a) HIGHWAY CATEGORY.—For the purposes of section 251(b) 
of the Balanced Budget and Emergency Deficit Control Act of 1985, 
the level of obligation limitations for the highway category is—
(1) for fiscal year 2005, $35,164,292,000; 
(2) for fiscal year 2006, $37,220,843,903; 
(3) for fiscal year 2007, $39,460,710,516; 
(4) for fiscal year 2008, $40,824,075,404; and 
(5) for fiscal year 2009, $42,469,970,178. 
(b) MASS TRANSIT CATEGORY.—For the purposes of section 
251(b) of the Balanced Budget and Emergency Deficit Control Act 
of 1985, the level of obligation limitations for the mass transit 
category is—
(1) for fiscal year 2005, $7,646,336,000; 
(2) for fiscal year 2006, $8,622,931,000; 
(3) for fiscal year 2007, $8,974,775,000; 
(4) for fiscal year 2008, $9,730,893,000; and 
(5) for fiscal year 2009, $10,338,065,000.
H. R. 3—775
For purposes of this subsection, the term ‘‘obligation limitations’’ 
means the sum of budget authority and obligation limitations. 
SEC. 8004. ENFORCEMENT OF GUARANTEE. 
Clause 3 of rule XXI of the Rules of the House of Representa-
tives is amended—
(1) by striking ‘‘section 8103 of the Transportation Equity 
Act for the 21st Century’’ and inserting ‘‘section 8003 of the 
Safe, Accountable, Flexible, Efficient Transportation Equity Act: 
A Legacy for Users’’; and 
(2) by adding at the end the following: ‘‘For purposes of 
this clause, any obligation limitation relating to surface 
transportation projects under section 1602 of the Transpor-
tation Equity Act for the 21st Century and section 1702 of 
the Safe, Accountable, Flexible, Efficient Transportation Equity 
Act: A Legacy for Users shall be assumed to be administered 
on the basis of sound program management practices that 
are consistent with past practices of the administering agency 
permitting States to decide High Priority Project funding prior-
ities within State program allocations.’’. 
SEC. 
8005. 
TRANSFER 
OF 
FEDERAL 
TRANSIT 
ADMINISTRATIVE 
EXPENSES. 
For purposes of clauses 2 and 3 of rule XXI of the House 
of Representatives, it shall be in order to transfer funds, in amounts 
specified in annual appropriation Acts to carry out the Safe, 
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy 
for Users (including the amendments made by that Act), from 
the Federal Transit Administration’s administrative expenses 
account to other mass transit budget accounts under section 
250(c)(4)(C) of the Balanced Budget and Emergency Deficit Control 
Act of 1985.
TITLE IX—RAIL TRANSPORTATION 
SEC. 9001. HIGH-SPEED RAIL CORRIDOR DEVELOPMENT. 
(a) CORRIDOR DEVELOPMENT.—
(1) AMENDMENTS.—Section 26101 of title 49, United States 
Code, is amended—
(A) in the section heading, by striking ‘‘planning’’ 
and inserting ‘‘development’’; 
(B) in the heading of subsection (a), by striking ‘‘PLAN-
NING’’ and inserting ‘‘DEVELOPMENT’’; 
(C) by striking ‘‘corridor planning’’ each place it 
appears and inserting ‘‘corridor development’’; 
(D) in subsection (b)(1)—
(i) by inserting ‘‘, or if it is an activity described 
in subparagraph (M)’’ after ‘‘high-speed rail improve-
ments’’; 
(ii) by striking ‘‘and’’ at the end of subparagraph 
(K); 
(iii) by striking the period at the end of subpara-
graph (L) and inserting ‘‘; and’’; and 
(iv) by adding at the end the following new 
subparagraph: 
‘‘(M) the acquisition of locomotives, rolling stock, track, 
and signal equipment.’’; and
H. R. 3—776
(E) in subsection (c)(2), by striking ‘‘planning’’ and 
inserting ‘‘development’’. 
(2) CONFORMING AMENDMENT.—The item relating to section 
26101 in the table of sections of chapter 261 of title 49, United 
States Code, is amended by striking ‘‘planning’’ and inserting 
‘‘development’’. 
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 26104 of title 
49, United States Code, is amended to read as follows: 
‘‘§ 26104. Authorization of appropriations 
‘‘(a) FISCAL YEARS 2006 THROUGH 2013.—There are authorized 
to be appropriated to the Secretary—
‘‘(1) $70,000,000 for carrying out section 26101; and 
‘‘(2) $30,000,000 for carrying out section 26102, 
for each of the fiscal years 2006 through 2013. 
‘‘(b) FUNDS TO REMAIN AVAILABLE.—Funds made available 
under this section shall remain available until expended.’’. 
(c) DEFINITION.—Section 26105(1) of title 49, United States 
Code, is amended by striking ‘‘and cooperative agreements’’ and 
inserting ‘‘, cooperative agreements, and other transactions’’. 
SEC. 9002. CAPITAL GRANTS FOR RAIL LINE RELOCATION PROJECTS. 
(a) ESTABLISHMENT OF PROGRAM.—
(1) PROGRAM
REQUIREMENTS.—Chapter 201 of title 49, 
United States Code, is amended by adding at the end of sub-
chapter II the following: 
‘‘§ 20154. Capital grants for rail line relocation projects 
‘‘(a) ESTABLISHMENT OF PROGRAM.—The Secretary of Transpor-
tation shall carry out a grant program to provide financial assist-
ance for local rail line relocation and improvement projects. 
‘‘(b) ELIGIBILITY.—A State is eligible for a grant under this 
section for any construction project for the improvement of the 
route or structure of a rail line that either—
‘‘(1) is carried out for the purpose of mitigating the adverse 
effects of rail traffic on safety, motor vehicle traffic flow, commu-
nity quality of life, or economic development; or 
‘‘(2) involves a lateral or vertical relocation of any portion 
of the rail line. 
‘‘(c) CONSIDERATIONS FOR APPROVAL OF GRANT APPLICATIONS.—
In determining whether to award a grant to an eligible State 
under this section, the Secretary shall consider the following factors: 
‘‘(1) The capability of the State to fund the rail line reloca-
tion project without Federal grant funding. 
‘‘(2) The requirement and limitation relating to allocation 
of grant funds provided in subsection (d). 
‘‘(3) Equitable treatment of the various regions of the 
United States. 
‘‘(4) The effects of the rail line, relocated or improved as 
proposed, on motor vehicle and pedestrian traffic, safety, 
community quality of life, and area commerce. 
‘‘(5) The effects of the rail line, relocated as proposed, 
on the freight and passenger rail operations on the rail line. 
‘‘(d) ALLOCATION REQUIREMENTS.—At least 50 percent of all 
grant funds awarded under this section out of funds appropriated 
for a fiscal year shall be provided as grant awards of not more 
than $20,000,000 each. The $20,000,000 amount shall be adjusted
H. R. 3—777
by the Secretary to reflect inflation for fiscal years beginning after 
fiscal year 2006. 
‘‘(e) NON-FEDERAL SHARE.—
‘‘(1) PERCENTAGE.—A State or other non-Federal entity 
shall pay at least 10 percent of the shared costs of a project 
that is funded in part by a grant awarded under this section. 
‘‘(2) FORMS
OF
CONTRIBUTIONS.—The share required by 
paragraph (1) may be paid in cash or in kind. 
‘‘(3) IN-KIND
CONTRIBUTIONS.—The in-kind contributions 
that are permitted to be counted under paragraph (2) for a 
project for a State or other non-Federal entity are as follows: 
‘‘(A) A contribution of real property or tangible personal 
property (whether provided by the State or a person for 
the State). 
‘‘(B) A contribution of the services of employees of 
the State or other non-Federal entity, calculated on the 
basis of costs incurred by the State or other non-Federal 
entity for the pay and benefits of the employees, but 
excluding overhead and general administrative costs. 
‘‘(C) A payment of any costs that were incurred for 
the project before the filing of an application for a grant 
for the project under this section, and any in-kind contribu-
tions that were made for the project before the filing of 
the application, if and to the extent that the costs were 
incurred or in-kind contributions were made, as the case 
may be, to comply with a provision of a statute required 
to be satisfied in order to carry out the project. 
‘‘(4) FINANCIAL CONTRIBUTION FROM PRIVATE ENTITIES.—
‘‘(A) The Secretary shall require a State to submit 
a description of the anticipated public and private benefits 
associated with each rail line relocation or improvement 
project described in subsection (a). The determination of 
such benefits shall be developed in consultation with the 
owner and user of the rail line being relocated or improved 
or other private entity involved in the project. 
‘‘(B) The Secretary shall consider the feasibility of 
seeking financial contributions or commitments from pri-
vate entities involved with the project in proportion to 
the expected benefits determined under subparagraph (A) 
that accrue to such entities from the project. 
‘‘(f) AGREEMENTS TO COMBINE AMOUNTS.—Two or more States 
(not including political subdivisions of States) may, pursuant to 
an agreement entered into by the States, combine any part of 
the amounts provided through grants for a project under this section 
if—
‘‘(1) the project will benefit each of the States entering 
into the agreement; and 
‘‘(2) the agreement is not a violation of a law of any such 
State. 
‘‘(g) REGULATIONS.—The Secretary shall prescribe regulations 
for carrying out this section. 
‘‘(h) DEFINITIONS.—In this section: 
‘‘(1) CONSTRUCTION.—The term ‘construction’ means the 
supervising, inspecting, actual building, and incurrence of all 
costs incidental to the construction or reconstruction of a project 
described under subsection (b)(1) of this section, including bond 
costs and other costs relating to the issuance of bonds or other
H. R. 3—778
debt financing instruments and costs incurred by the State 
in performing project related audits, and includes—
‘‘(A) locating, surveying, and mapping; 
‘‘(B) track installation, restoration, and rehabilitation; 
‘‘(C) acquisition of rights-of-way; 
‘‘(D) relocation assistance, acquisition of replacement 
housing sites, and acquisition and rehabilitation, relocation, 
and construction of replacement housing; 
‘‘(E) elimination of obstacles and relocation of utilities; 
and 
‘‘(F) other activities defined by the Secretary. 
‘‘(2) QUALITY OF LIFE.—The term ‘quality of life’ includes 
first responders’ emergency response time, the environment, 
noise levels, and other factors as determined by the Secretary. 
‘‘(3) STATE.—The term ‘State’ includes, except as otherwise 
specifically provided, a political subdivision of a State, and 
the District of Columbia. 
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to the Secretary for use in carrying out this 
section $350,000,000 for each of the fiscal years 2006 through 
2009.’’. 
(2) CLERICAL AMENDMENT.—The chapter analysis for such 
chapter is amended by adding at the end the following:
‘‘20154. Capital grants for rail line relocation projects.’’.
(b) REGULATIONS.—
(1) TEMPORARY
REGULATIONS.—Not later than April 1, 
2006, the Secretary of Transportation shall issue temporary 
regulations to implement the grant program under section 
20154 of title 49, United States Code, as added by subsection 
(a). Subchapter II of chapter 5 of title 5, United States Code, 
shall not apply to the issuance of a temporary regulation under 
this subsection or of any amendment of such a temporary 
regulation. 
(2) FINAL REGULATIONS.—Not later than October 1, 2006, 
the Secretary shall issue final regulations implementing the 
program. 
SEC. 9003. REHABILITATION AND IMPROVEMENT FINANCING. 
(a) DEFINITION.—Section 102(7) of the Railroad Revitalization 
and Regulatory Reform Act of 1976 (45 U.S.C. 802(7)) is amended 
to read as follows: 
‘‘(7) ‘railroad’ has the meaning given that term in section 
20102 of title 49, United States Code; and’’. 
(b) GENERAL
AUTHORITY.—Section 502(a) of the Railroad 
Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822(a)) 
is amended to read as follows: 
‘‘(a) GENERAL AUTHORITY.—The Secretary shall provide direct 
loans and loan guarantees to—
‘‘(1) State and local governments; 
‘‘(2) interstate compacts consented to by Congress under 
section 410(a) of the Amtrak Reform and Accountability Act 
of 1997 (49 U.S.C. 24101 note); 
‘‘(3) government sponsored authorities and corporations; 
‘‘(4) railroads; 
‘‘(5) joint ventures that include at least one railroad; and 
‘‘(6) solely for the purpose of constructing a rail connection 
between a plant or facility and a second rail carrier, limited
H. R. 3—779
option rail freight shippers that own or operate a plant or 
other facility that is served by no more than a single railroad.’’. 
(c) PRIORITY PROJECTS.—Section 502(c) of the Railroad Revital-
ization and Regulatory Reform Act of 1976 (45 U.S.C. 822(c)) is 
amended—
(1) by striking ‘‘or’’ after the semicolon in paragraph (5); 
(2) by striking ‘‘areas.’’ in paragraph (6) and inserting 
‘‘areas;’’; and 
(3) by adding at the end the following: 
‘‘(7) enhance service and capacity in the national rail 
system; or 
‘‘(8) would materially alleviate rail capacity problems which 
degrade the provision of service to shippers and would fulfill 
a need in the national transportation system.’’. 
(d) EXTENT
OF AUTHORITY.—Section 502(d) of the Railroad 
Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822(d)) 
is amended—
(1) 
by 
striking 
‘‘$3,500,000,000’’ 
and 
inserting 
‘‘$35,000,000,000’’; 
(2) 
by 
striking 
‘‘$1,000,000,000’’ 
and 
inserting 
‘‘$7,000,000,000’’; and 
(3) by adding at the end the following ‘‘The Secretary 
shall not establish any limit on the proportion of the unused 
amount authorized under this subsection that may be used 
for 1 loan or loan guarantee.’’. 
(e) COHORTS OF LOANS.—Section 502(f) of the Railroad Revital-
ization and Regulatory Reform Act of 1976 (45 U.S.C. 822(f)) is 
amended—
(1) by striking ‘‘and’’ after the semicolon in subparagraph 
(D) of paragraph (2); 
(2) by redesignating subparagraph (E) of paragraph (2) 
as subparagraph (F); 
(3) by adding after subparagraph (D) of paragraph (2) 
the following: 
‘‘(E) the size and characteristics of the cohort of which 
the loan or loan guarantee is a member; and’’; and 
(4) by adding at the end of paragraph (4) the following: 
‘‘A cohort may include loans and loan guarantees. The Secretary 
shall not establish any limit on the proportion of a cohort 
that may be used for 1 loan or loan guarantee.’’. 
(f) CONDITIONS OF ASSISTANCE.—
(1) ASSURANCES.—Section 502(h) of the Railroad Revitaliza-
tion and Regulatory Reform Act of 1976 (45 U.S.C. 822(h)) 
is amended—
(A) by inserting ‘‘(1)’’ before ‘‘The Secretary’’; 
(B) by redesignating paragraphs (1), (2), and (3) as 
subparagraphs (A), (B), and (C); and 
(C) by adding at the end the following: 
‘‘(2) The Secretary shall not require an applicant for a direct 
loan or loan guarantee under this section to provide collateral. 
Any collateral provided or thereafter enhanced shall be valued 
as a going concern after giving effect to the present value of improve-
ments contemplated by the completion and operation of the project. 
The Secretary shall not require that an applicant for a direct 
loan or loan guarantee under this section have previously sought 
the financial assistance requested from another source.
H. R. 3—780
‘‘(3) The Secretary shall require recipients of direct loans or 
loan guarantees under this section to comply with—
‘‘(A) the standards of section 24312 of title 49, United 
States Code, as in effect on September 1, 2002, with respect 
to the project in the same manner that the National Railroad 
Passenger Corporation is required to comply with such stand-
ards for construction work financed under an agreement made 
under section 24308(a) of that title; and 
‘‘(B) the protective arrangements established under section 
504 of this Act, with respect to employees affected by actions 
taken in connection with the project to be financed by the 
loan or loan guarantee.’’. 
(2) TECHNICAL CORRECTION.—Section 502 of the Railroad 
Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 
822) is amended by striking ‘‘offered;’’ in subsection (f)(2)(A) 
and inserting ‘‘offered, if any;’’. 
(g) TIME LIMIT AND REPAYMENT SCHEDULES.—Section 502 of 
the Railroad Revitalization and Regulatory Reform Act of 1976 
(45 U.S.C. 822) is amended by adding at the end the following: 
‘‘(i) TIME LIMIT
FOR APPROVAL
OR DISAPPROVAL.—Not later 
than 90 days after receiving a complete application for a direct 
loan or loan guarantee under this section, the Secretary shall 
approve or disapprove the application. 
‘‘(j) REPAYMENT SCHEDULES.—
‘‘(1) IN GENERAL.—The Secretary shall establish a repay-
ment schedule requiring payments to commence not later than 
the sixth anniversary date of the original loan disbursement. 
‘‘(2) ACCRUAL.—Interest shall accrue as of the date of 
disbursement, and shall be amortized over the remaining term 
of the loan beginning at the time the payments begin.’’. 
(h) EVALUATION
CHARGE.—Section 503(k) of the Railroad 
Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 823(k)) 
is amended—
(1) in the subsection heading, by striking ‘‘INVESTIGATION’’ 
and inserting ‘‘EVALUATION’’; 
(2) by inserting ‘‘the cost of evaluating the application, 
including’’ after ‘‘reasonable charge for’’; and 
(3) by adding at the end the following: ‘‘Amounts collected 
under this subsection shall be credited directly to the Safety 
and Operations account of the Federal Railroad Administration, 
and shall remain available until expended to pay for the evalua-
tion costs described in this subsection.’’. 
(i) FEES AND CHARGES.—Section 503 of the Railroad Revitaliza-
tion and Regulatory Reform Act of 1976 (45 U.S.C. 823) is amended 
by adding at the end the following new subsection: 
‘‘(l) FEES AND CHARGES.—Except as provided in this title, the 
Secretary may not assess any fees, including user fees, or charges 
in connection with a direct loan or loan guarantee provided under 
section 502.’’. 
(j) SUBSTANTIVE CRITERIA AND STANDARDS.—Not later than 30 
days after the date of enactment of this Act, the Secretary of 
Transportation shall publish in the Federal Register and post on 
the Department of Transportation Web site the substantive criteria 
and standards used by the Secretary to determine whether to 
approve or disapprove applications submitted under section 502 
of the Railroad Revitalization and Regulatory Reform Act of 1976
H. R. 3—781
(45 U.S.C. 822). The Secretary of Transportation shall ensure ade-
quate procedures and guidelines are in place to permit the filing 
of complete applications within 30 days of such publication. 
SEC. 9004. REPORT REGARDING IMPACT ON PUBLIC SAFETY OF TRAIN 
TRAVEL IN COMMUNITIES WITHOUT GRADE SEPARA-
TION. 
(a) STUDY.—The Secretary of Transportation shall, in consulta-
tion with State and local government officials, conduct a study 
of the impact of blocked highway-railroad grade crossings on the 
ability of emergency responders to perform public safety and secu-
rity duties. 
(b) REPORT ON THE IMPACT OF BLOCKED HIGHWAY-RAILROAD 
GRADE CROSSINGS ON EMERGENCY RESPONDERS.—Not later than 
1 year after the date of enactment of this Act, the Secretary shall 
submit the results of the study and recommendations for reducing 
the impact of blocked crossings on emergency response to the Senate 
Committee on Commerce, Science, and Transportation and the 
House of Representatives Committee on Transportation and Infra-
structure. 
SEC. 9005. WELDED RAIL AND TANK CAR SAFETY IMPROVEMENTS. 
(a) TRACK STANDARDS.—Section 20142 of title 49, United States 
Code, is amended by adding at the end the following new subsection: 
‘‘(e) TRACK STANDARDS.—
‘‘(1) IN GENERAL.—Within 90 days after the date of enact-
ment of this subsection, the Federal Railroad Administration 
shall—
‘‘(A) require each track owner using continuous welded 
rail track to include procedures (in its procedures filed 
with the Administration pursuant to section 213.119 of 
title 49, Code of Federal Regulations) to improve the identi-
fication of cracks in rail joint bars; 
‘‘(B) instruct Administration track inspectors to obtain 
copies of the most recent continuous welded rail programs 
of each railroad within the inspectors’ areas of responsi-
bility and require that inspectors use those programs when 
conducting track inspections; and 
‘‘(C) establish a program to review continuous welded 
rail joint bar inspection data from railroads and Adminis-
tration track inspectors periodically. 
‘‘(2) INSPECTION.—Whenever the Administration deter-
mines that it is necessary or appropriate, the Administration 
may require railroads to increase the frequency of inspection, 
or improve the methods of inspection, of joint bars in continuous 
welded rail.’’. 
(b) TANK CAR STANDARDS.—
(1) AMENDMENT.—Subchapter II of chapter 201 of title 
49, United States Code, is amended by adding at the end 
the following new section: 
‘‘§ 20155. Tank cars 
‘‘(a) STANDARDS.—The Federal Railroad Administration shall—
‘‘(1) validate a predictive model to quantify the relevant 
dynamic forces acting on railroad tank cars under accident 
conditions within 1 year after the date of enactment of this 
section; and
H. R. 3—782
‘‘(2) initiate a rulemaking to develop and implement appro-
priate design standards for pressurized tank cars within 18 
months after the date of enactment of this section. 
‘‘(b) OLDER TANK CAR IMPACT RESISTANCE ANALYSIS
AND 
REPORT.—Within 1 year after the date of enactment of this section 
the Federal Railroad Administration shall conduct a comprehensive 
analysis to determine the impact resistance of the steels in the 
shells of pressure tank cars constructed before 1989. Within 6 
months after completing that analysis the Administration shall 
transmit a report, including recommendations for reducing any 
risk of catastrophic fracture and separation of such cars, to the 
Committee on Commerce, Science, and Transportation of the Senate 
and the Committee on Transportation and Infrastructure of the 
House of Representatives.’’. 
(2) TABLE OF SECTIONS AMENDMENT.—The table of sections 
for subchapter II of chapter 201 of title 49, United States 
Code, is amended by adding at the end the following new 
item:
‘‘20155. Tank cars.’’.
SEC. 9006. ALASKA RAILROAD. 
(a) GRANTS.—The Secretary shall make grants to the Alaska 
Railroad for capital rehabilitation and improvements benefiting its 
passenger operations. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section such sums as may 
be necessary. 
SEC. 9007. STUDY OF RAIL TRANSPORTATION AND REGULATION. 
(a) REQUIREMENT.—Not later than 180 days after the date 
of enactment of this Act, the Secretary of Transportation shall 
enter into an arrangement with the Transportation Research Board 
of the National Academy of Sciences to conduct a comprehensive 
study of the Nation’s railroad transportation system since the enact-
ment of the Staggers Rail Act of 1980. The study shall address 
and make recommendations on—
(1) the performance of the Nation’s major railroads 
regarding service levels, service quality, and rates; 
(2) the projected demand for freight transportation over 
the next two decades and the constraints limiting the railroads’ 
ability to meet that demand; 
(3) the effectiveness of public policy in balancing the need 
for railroads to earn adequate returns with those of shippers 
for reasonable rates and adequate service; and 
(4) the future role of the Surface Transportation Board 
in regulating railroad rates, service levels, and the railroads’ 
common carrier obligations, particularly as railroads may 
become revenue adequate. 
(b) REPORT TO CONGRESS.—Not later than 1 year after the 
Secretary and the Transportation Research Board enter into the 
arrangement for the study, the Secretary shall transmit the results 
of the study conducted under subsection (a) to the Committee on 
Transportation and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and Transportation of 
the Senate. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to the Secretary of Transportation $1,000,000
H. R. 3—783
for fiscal year 2006 and $800,000 for fiscal year 2007 to carry 
out this section. Such sums are to remain available until expended. 
SEC. 9008. HAWAII PORT INFRASTRUCTURE EXPANSION PROGRAM. 
(a) IN GENERAL.—Amounts appropriated or otherwise made 
available for any fiscal year for an intermodal or marine facility 
comprising a component of the Hawaii Port Infrastructure Expan-
sion Program, and any non-Federal contributions made available 
for that program, shall be—
(1) transferred to and administered by the Administrator 
of the Maritime Administration; and 
(2) subject only to such conditions and requirements as 
may be required by the Maritime Administration. 
(b) INTERMODAL AUTHORIZATIONS.—
(1) INTERMODAL
CENTERS.—Notwithstanding any other 
provision of law, an intermodal or marine facility described 
in subsection (a) is eligible for funding under section 
5309(m)(1)(C) of title 49, United States Code. 
(2) INTERMODAL SURFACE FREIGHT TRANSFER FACILITY ELIGI-
BILITY.—Notwithstanding any other provision of law, an inter-
modal or marine facility described in subsection (a) is deemed 
to be eligible to be an intermodal surface freight transfer facility 
for the purposes of section 181(9)(D) of title 23, United States 
Code. 
(c) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There are authorized to be appropriated 
to the Secretary of Transportation such sums as may be nec-
essary to carry out this section. 
(2) NO
LIMITATION.—Nothing in paragraph (1) shall be 
construed—
(A) to limit or prevent the transfer or administration 
under subsection (a) of any funds appropriated or otherwise 
made available pursuant to any other authorization of 
appropriations or by any appropriations Act; or 
(B) to limit the application of subsection (b) to title 
49, United States Code.
TITLE X—MISCELLANEOUS PROVISIONS 
Subtitle A—Sportfishing and Recreational 
Boating Safety 
SEC. 10101. SHORT TITLE. 
This subtitle may be cited as the ‘‘Sportfishing and Recreational 
Boating Safety Act of 2005’’. 
CHAPTER 1—DINGELL-JOHNSON SPORT FISH 
RESTORATION ACT AMENDMENTS 
SEC. 10111. AMENDMENT OF DINGELL-JOHNSON SPORT FISH RES-
TORATION ACT. 
Except as otherwise expressly provided, whenever in this 
chapter an amendment or repeal is expressed in terms of an amend-
ment to, or repeal of, a section or other provision, the reference 
shall be considered to be made to a section or other provision
H. R. 3—784
of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777 
et seq.). 
SEC. 10112. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—Section 3 (16 U.S.C. 777b) is amended—
(1) by striking ‘‘the succeeding fiscal year.’’ in the third 
sentence and inserting ‘‘succeeding fiscal years.’’; and 
(2) by striking ‘‘in carrying on the research program of 
the Fish and Wildlife Service in respect to fish of material 
value for sport and recreation.’’ and inserting ‘‘to supplement 
the 57 percent of the balance of each annual appropriation 
to be apportioned among the States, as provided for in section 
4(c).’’. 
(b) CONFORMING AMENDMENTS.—
(1) IN GENERAL.—The first sentence of section 3 (16 U.S.C. 
777b) is amended—
(A) by striking ‘‘Sport Fish Restoration Account’’ and 
inserting ‘‘Sport Fish Restoration and Boating Trust Fund’’; 
and 
(B) by striking ‘‘that Account’’ and inserting ‘‘that Trust 
Fund, except as provided in section 9504(c) of the Internal 
Revenue Code of 1986’’. 
(2) EFFECTIVE DATE.—The amendments made by paragraph 
(1) take effect on October 1, 2005. 
SEC. 10113. DIVISION OF ANNUAL APPROPRIATIONS. 
Section 4 (16 U.S.C. 777c) is amended—
(1) by striking subsections (a) through (c) and redesignating 
subsections (d), (e), (f), and (g) as subsections (b), (c), (d), 
and (e), respectively; 
(2) by inserting before subsection (b), as redesignated by 
paragraph (1), the following: 
‘‘(a) IN GENERAL.—For each of fiscal years 2006 through 2009, 
the balance of each annual appropriation made in accordance with 
the provisions of section 3 remaining after the distributions for 
administrative expenses and other purposes under subsection (b) 
and for multistate conservation grants under section 14 shall be 
distributed as follows: 
‘‘(1) COASTAL WETLANDS.—An amount equal to 18.5 percent 
to the Secretary of the Interior for distribution as provided 
in the Coastal Wetlands Planning, Protection, and Restoration 
Act (16 U.S.C. 3951 et seq.). 
‘‘(2) BOATING SAFETY.—An amount equal to 18.5 percent 
to the Secretary of the department in which the Coast Guard 
is operating for State recreational boating safety programs 
under section 13106 of title 46, United States Code. 
‘‘(3) CLEAN VESSEL ACT.—An amount equal to 2.0 percent 
to the Secretary of the Interior for qualified projects under 
section 5604(c) of the Clean Vessel Act of 1992 (33 U.S.C. 
1322 note). 
‘‘(4) BOATING INFRASTRUCTURE.—An amount equal to 2.0 
percent to the Secretary of the Interior for obligation for quali-
fied projects under section 7404(d) of the Sportfishing and 
Boating Safety Act of 1998 (16 U.S.C. 777g–1(d)). 
‘‘(5) NATIONAL
OUTREACH
AND
COMMUNICATIONS.—An 
amount equal to 2.0 percent to the Secretary of the Interior 
for the National Outreach and Communications Program under 
section 8(d) of this Act. Such amounts shall remain available