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SEC. 7414. PROGRESS REPORT.
Not later than 1 year after the date of enactment of
this Act, the Secretary shall transmit to Congress a report
on the progress being made in implementing the provisions
of this chapter.
SEC. 7415. ADDITIONAL REGISTRATION REQUIREMENTS
FOR 
MOTOR 
CARRIERS 
OF 
HOUSEHOLD
GOODS.
Section 13902(a) is amended—
(1) by striking paragraphs (2) and (3);
(2) by redesignating paragraph (4) as para-
graph (5) and inserting after paragraph (1) the fol-
lowing:
‘‘(2) ADDITIONAL REGISTRATION REQUIREMENTS FOR
HOUSEHOLD
GOODS
TRANSPORTATION.—Notwithstanding
paragraph (1), the Secretary may register a person to pro-
vide transportation of household goods (as defined in section
13102(10) of this title) only after that person—
‘‘(A) provides evidence of participation in
an arbitration program and provides a copy of
the notice of that program as required by section
14708(b)(2) of this title;
‘‘(B) identifies its tariff and provides a
copy of the notice of the availability of that tariff
for inspection as required by section 13702(c) of
this title;
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‘‘(C) provides evidence that it has access to,
has read, is familiar with, and will observe all
laws relating to consumer protection, estimating,
consumers’ rights and responsibilities, and op-
tions for limitations of liability for loss and
damage; and
‘‘(D) discloses any relationship involving
common stock, common ownership, common
management, or common familial relationships
between that person and any other motor carrier,
freight forwarder, or broker of household goods
within the past 3 years.
‘‘(3) CONSIDERATION OF EVIDENCE; FINDINGS.—
The Secretary shall consider, and, to the extent appli-
cable, make findings on any evidence demonstrating
that the registrant is unable to comply with any ap-
plicable requirement of paragraph (1) or, in the case
of a registrant to which paragraph (2) applies, para-
graph (1) or (2).
‘‘(4) WITHHOLDING.—If the Secretary deter-
mines that a registrant under this section does not
meet, or is not able to meet, any requirement of para-
graph (1) or, in the case of a registrant to which
paragraph (2) applies, paragraph (1) or (2), the Sec-
retary shall withhold registration.’’; and
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(3) by adding at the end of paragraph (5), as re-
designated, ‘‘In the case of a registration for the
transportation of household goods (as defined in sec-
tion 13102(10 of this title), the Secretary may also
hear a complaint on the ground that the registrant
fails or will fail to comply with the requirements of
paragraph (2) of this subsection.’’.
Subtitle E—Sportfishing and
Recreational Boating Safety
SEC. 7501. SHORT TITLE.
This subtitle may be cited as the ‘‘Sportfishing and
Recreational Boating Safety Act of 2005’’.
CHAPTER 1—FEDERAL AID IN SPORT FISH
RESTORATION ACT AMENDMENTS
SEC. 7511. AMENDMENT OF FEDERAL AID IN SPORT FISH
RESTORATION ACT.
Except as otherwise expressly provided, whenever in
this chapter an amendment or repeal is expressed in terms
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a section
or other provision of the Dingell-Johnson Sport Fish Res-
toration Act (16 U.S.C. 777 et seq.).
SEC. 7512. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—Section 3 (16 U.S.C. 777b) is
amended—
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(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 pro-
gram 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 Ac-
count’’ and inserting ‘‘Sport Fish Restoration
and Boating Trust Fund’’; and
(B) by striking ‘‘that Account’’ and insert-
ing ‘‘that Trust Fund, except as provided in sec-
tion 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. 7513. DIVISION OF ANNUAL APPROPRIATIONS.
Section 4 (16 U.S.C. 777c) is amended—
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(1) by striking subsections (a) through (c) and
redesignating subsections (d), (e), (f), and (g) as sub-
sections (b), (c), (d), and (e), respectively;
(2) by inserting before subsection (b), as redesig-
nated by paragraph (1), the following:
‘‘(a) IN GENERAL.—For fiscal years 2005 through
2019, the balance of each annual appropriation made in
accordance with the provisions of section 3 remaining after
the distributions for administrative expenses and other pur-
poses under subsection (b) and for multistate conservation
grants under section 14 shall be distributed as follows:
‘‘(1) COASTAL WETLANDS.—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.—18.5 percent to the Sec-
retary of Homeland Security for State recreational
boating safety programs under section 13106 of title
46, United States Code.
‘‘(3) CLEAN
VESSEL
ACT.—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.—2.0 percent to
the Secretary of the Interior for obligation for quali-
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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
COMMUNICA-
TIONS.—2.0 percent to the Secretary of the Interior
for the National Outreach and Communications Pro-
gram under section 8(d) of this Act. Such amounts
shall remain available for 3 fiscal years, after which
any portion thereof that is unobligated by the Sec-
retary for that program may be expended by the Sec-
retary under subsection (c) of this section.’’;
(3) by striking (b)(1)(A), as redesignated by
paragraph (1), and inserting the following:
‘‘(A) SET-ASIDE.—For fiscal year 2005 and
each subsequent fiscal year, the Secretary of the
Interior may use no more than the amount spec-
ified in subparagraph (B) for the fiscal year for
expenses of administration incurred in the im-
plementation of this Act, in accordance with this
section and section 9. The amount specified in
subparagraph (B) for a fiscal year may not be
included in the amount of the annual appropria-
tion distributed under subsection (a) for the fis-
cal year.’’;
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(4) by striking ‘‘Secretary of the Interior, after
the distribution, transfer, use, and deduction under
subsections (a), (b), (c), and (d), respectively, and
after deducting amounts used for grants under section
14, shall apportion the remainder’’ in subsection (c),
as redesignated by paragraph (1), and inserting ‘‘Sec-
retary, for fiscal year 2005 and each subsequent fiscal
year, after the distribution, transfer, use and deduc-
tion under subsection (b), and after deducting
amounts used for grants under section 14 of this title,
shall apportion 57 percent of the balance’’;
(5) by striking ‘‘per centum’’ each place it ap-
pears in subsection (c), as redesignated by paragraph
(1), and inserting ‘‘percent’’;
(6) by striking ‘‘subsections (a), (b)(3)(A),
(b)(3)(B), and (c)’’ in paragraph (1) of subsection (e),
as redesignated by paragraph (1), and inserting
‘‘paragraphs (1), (3), (4), and (5) of subsection (a)’’;
and
(7) by adding at the end the following:
‘‘(f) TRANSFER OF CERTAIN FUNDS.—Amounts avail-
able under paragraphs (3) and (4) of subsection (a) that
are unobligated by the Secretary of the Interior after 3 fis-
cal years shall be transferred to the Secretary of Homeland
Security and shall be expended for State recreational boat-
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ing safety programs under section 13106(a) of title 46,
United States Code.’’.
SEC. 7514. MAINTENANCE OF PROJECTS.
Section 8 (16 U.S.C. 777g) is amended—
(1) by striking ‘‘in carrying out the research
program of the Fish and Wildlife Service in respect
to fish of material value for sport or recreation.’’ in
subsection (b)(2) and inserting ‘‘to supplement the 57
percent of the balance of each annual appropriation
to be apportioned among the States under section
4(c).’’; and
(2) by striking ‘‘subsection (c) or (d)’’ in sub-
section (d)(3) and inserting ‘‘subsection (a)(5) or sub-
section (b)’’.
SEC. 7515. BOATING INFRASTRUCTURE.
Section 7404(d)(1) of the Sportfishing and Boating
Safety Act of 1998 (16 U.S.C. 777g–1(d)(1)) is amended
by striking ‘‘section 4(b)(3)(B) of the Act entitled ‘An Act
to provide that the United States shall aid the States in
fish restoration and management projects, and for other
purposes,’ approved August 9, 1950, as amended by this
Act,’’ and inserting ‘‘section 4(a)(4) of the Dingell-Johnson
Sport Fish Restoration Act’’.
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SEC. 
7516. 
REQUIREMENTS 
AND 
RESTRICTIONS 
CON-
CERNING USE OF AMOUNTS FOR EXPENSES
FOR ADMINISTRATION.
Section 9 (16 U.S.C. 777h) is amended—
(1) by striking ‘‘section 4(d)(1)’’ in subsection
(a) and inserting ‘‘section 4(b)’’; and
(2) by striking ‘‘section 4(d)(1)’’ in subsection
(b)(1) and inserting ‘‘section 4(b)’’.
SEC. 7517. PAYMENTS OF FUNDS TO AND COOPERATION
WITH PUERTO RICO, THE DISTRICT OF CO-
LUMBIA, GUAM, AMERICAN SAMOA, THE COM-
MONWEALTH OF THE NORTHERN MARIANA
ISLANDS, AND THE VIRGIN ISLANDS.
Section 12 (16 U.S.C. 777k) is amended by striking
‘‘in carrying on the research program of the Fish and Wild-
life Service in respect to fish of material value for sport
or recreation.’’ and inserting ‘‘to supplement the 57 percent
of the balance of each annual appropriation to be appor-
tioned among the States under section 4(b) of this Act.’’.
SEC. 7518. MULTISTATE CONSERVATION GRANT PROGRAM.
Section 14 (16 U.S.C. 777m) is amended—
(1) by striking so much of subsection (a) as pre-
cedes paragraph (2) and inserting the following:
‘‘(a) IN GENERAL.—
‘‘(1) AMOUNT
FOR
GRANTS.—For fiscal year
2005 and each subsequent fiscal year, not more than
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$3,000,000 of each annual appropriation made in ac-
cordance with the provisions of section 3 shall be dis-
tributed to the Secretary of the Interior for making
multistate conservation project grants in accordance
with this section.’’;
(2) by striking ‘‘section 4(e)’’ each place it ap-
pears in subsection (a)(2)(B) and inserting ‘‘section
4(c)’’; and
(3) by striking ‘‘Of the balance of each annual
appropriation made under section 3 remaining after
the distribution and use under subsections (a), (b),
and (c) of section 4 for each fiscal year and after de-
ducting amounts used for grants under subsection
(a)—’’ in subsection (e) and inserting ‘‘Of amounts
made available under section 4(b) for each fiscal
year—’’.
SEC. 7519. EXPENDITURES FROM BOAT SAFETY ACCOUNT.
The Act is amended by adding at the end the following:
‘‘SEC. 15. EXPENDITURES FROM BOAT SAFETY ACCOUNT.
‘‘The following amounts in the boating safety account
under section 9504(c) of the Internal Revenue Code of 1986
shall be made available without further appropriation and
shall be distributed as follows:
‘‘(1) In fiscal year 2006, $28,155,000 shall be
distributed—
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‘‘(A) under section 4 of this Act in the fol-
lowing manner:
‘‘(i) $11,200,000 to be added to funds
available under subsection (a)(2) of that
section;
‘‘(ii) $1,245,000 to be added to funds
available under subsection (a)(3) of that
section;
‘‘(iii) $1,245,000 to be added to funds
available under subsection (a)(4) of that
section;
‘‘(iv) $1,245,000 to be added to funds
available under subsection (a)(5) of that
section; and
‘‘(v) $12,800,000 to be added to funds
available under subsection (b) of that sec-
tion; and
‘‘(B) under section 14 of this Act, $420,000,
to be added to funds available under subsection
(a)(1) of that section.
‘‘(2) In fiscal year 2007, $22,419,000 shall be
distributed—
‘‘(A) under section 4 of this Act in the fol-
lowing manner:
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‘‘(i) $8,075,000 to be added to funds
available under subsection (a)(2) of that
section;
‘‘(ii) $713,000 to be added to funds
available under subsection (a)(3) of that
section;
‘‘(iii) $713,000 to be added to funds
available under subsection (a)(4) of that
section;
‘‘(iv) $713,000 to be added to funds
available under subsection (a)(5) of that
section; and
‘‘(v) $11,925,000 to be added to funds
available under subsection (b) of this Act;
and
‘‘(B) under section 14 of this Act, $280,000
to be added to funds available under subsection
(a)(1) of that section.
‘‘(3) In fiscal year 2008, $17,139,000 shall be
distributed—
‘‘(A) under section 4 of this Act in the fol-
lowing manner:
‘‘(i) $6,800,000 to be added to funds
available under subsection (a)(2) of that
section;
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‘‘(ii) $333,000 to be added to funds
available under subsection (a)(3) of that
section;
‘‘(iii) $333,000 to be added to funds
available under subsection (a)(4) of that
section;
‘‘(iv) $333,000 to be added to funds
available under subsection (a)(5) of that
section; and
‘‘(v) $9,200,000 to be added to funds
available under subsection (b) of that sec-
tion; and
‘‘(B) under section 14 of this Act, $140,000,
to be added to funds available under subsection
(a)(1) of that section.
‘‘(4) In fiscal year 2009, $12,287,000 shall be
distributed—
‘‘(A) under section 4 of this Act in the fol-
lowing manner:
‘‘(i) $5,100,000 to be added to funds
available under subsection (a)(2) of that
section;
‘‘(ii) $48,000 to be added to funds
available under subsection (a)(3) of that
section;
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‘‘(iii) $48,000 to be added to funds
available under subsection (a)(4) of that
section;
‘‘(iv) $48,000 to be added to funds
available under subsection (a)(5) of that
section; and
‘‘(v) $6,900,000 to be added to funds
available under subsection (b) of that sec-
tion; and
‘‘(B) under section 14 of this Act, $143,000,
to be added to funds available under subsection
(a)(1) of that section.
‘‘(5) In fiscal year 2010, all remaining funds in
the Account shall be distributed under section 4 of
this Act in the following manner:
‘‘(A) one-third to be added to funds avail-
able under subsection (b); and
‘‘(B) two-thirds to be added to funds avail-
able under subsection (h).’’.
CHAPTER 2—CLEAN VESSEL ACT
AMENDMENTS
SEC. 7531. GRANT PROGRAM.
Section 5604(c)(2) of the Clean Vessel Act of 1992 (33
U.S.C. 1322 note) is amended—
(1) by striking subparagraph (A); and
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(2) by redesignating subparagraphs (B) and (C)
as subparagraphs (A) and (B), respectively.
CHAPTER 3—RECREATIONAL BOATING
SAFETY PROGRAM AMENDMENTS
SEC. 7551. STATE MATCHING FUNDS REQUIREMENT.
Section 13103(b) of title 46, United States Code, is
amended by striking ‘‘one-half’’ and inserting ‘‘75 percent’’.
SEC. 7552. AVAILABILITY OF ALLOCATIONS.
Section 13104(a) of title 46, United States Code, is
amended—
(1) by striking ‘‘2 years’’ in paragraph (1) and
inserting ‘‘3 years’’; and
(2) by striking ‘‘2-year’’ in paragraph (2) and
inserting ‘‘3-year’’.
SEC. 7553. AUTHORIZATION OF APPROPRIATIONS FOR
STATE RECREATIONAL BOATING SAFETY PRO-
GRAMS.
Section 13106 of title 46, United States Code, is
amended—
(1) by striking ‘‘section 4(b) of the Act of August
9, 1950 (16 U.S.C. 777c(b))’’in subsection (a)(1) and
inserting ‘‘subsections (a)(2) and (f) of section 4 of
the Dingell-Johnson Sport Fish Restoration Act (16
U.S.C. 777c(a)(2) and (f))’’;
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(2) by striking ‘‘not less than one percent and’’
in subsection (a)(2);
(3) in subsection (c)(1)—
(A) by striking ‘‘Secretary of Transpor-
tation under paragraph (5)(C) of section 4(b)’’
and inserting ‘‘Secretary under subsection (a)(2)
of section 4’’;
(B) by striking ‘‘(16 U.S.C. 777c(b))’’ and
inserting ‘‘(16 U.S.C. 777c(a)(2)’’;
(C) by striking ‘‘$3,333,336’’ and inserting
‘‘not more than 5 percent’’;
(D) by striking ‘‘$1,333,336’’ and inserting
‘‘not less than $2,000,000’’; and
(4) by striking ‘‘until expended.’’ in subsection
(c)(3) and inserting ‘‘during the 2 succeeding fiscal
years. Any amount that is unexpected or unobligated
at the end of the 3-year period during which it is
available shall be withdrawn by the Secretary and al-
located to the States in addition to any other
amounts available for allocation in the fiscal year in
which they are withdrawn or the following fiscal
year.’’.
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SEC. 7554. MAINTENANCE OF EFFORT FOR STATE REC-
REATIONAL BOATING SAFETY PROGRAMS.
(a) IN GENERAL.—Chapter 131 of title 46, United
States Code, is amended by inserting after section 13106
the following:
‘‘§ 13107. Maintenance of effort for State recreational
boating safety programs
‘‘(a) IN GENERAL.—The amount payable to a State
for a fiscal year from an allocation under section 13103
of this chapter shall be reduced if the usual amounts ex-
pended by the State for the State’s recreational boating safe-
ty program, as determined under section 13105 of this
chapter, for the previous fiscal year is less than the average
of the total of such expenditures for the 3 fiscal years imme-
diately preceding that previous fiscal year. The reduction
shall be proportionate, as a percentage, to the amount by
which the level of State expenditures for such previous fiscal
year is less than the average of the total of such expenditures
for the 3 fiscal years immediately preceding that previous
fiscal year.
‘‘(b) REDUCTION
OF
THRESHOLD.—If the total
amount available for allocation and distribution under this
chapter in a fiscal year for all participating State rec-
reational boating safety programs is less than such amount
for the preceding fiscal year, the level of State expenditures
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required under subsection (a) of this section for the pre-
ceding fiscal year shall be decreased proportionately.
‘‘(c) WAIVER.—
‘‘(1) IN GENERAL.—Upon the written request of
a State, the Secretary may waive the provisions of
subsection (a) of this section for 1 fiscal year if the
Secretary determines that a reduction in expenditures
for the State’s recreational boating safety program is
attributable to a non-selective reduction in expendi-
tures for the programs of all Executive branch agen-
cies of the State government, or for other reasons if
the State demonstrates to the Secretary’s satisfaction
that such waiver is warranted.
‘‘(2) 30-DAY DECISION.—The Secretary shall ap-
prove or deny a request for a waiver not later than
30 days after the date the request is received.’’.
(b) CONFORMING AMENDMENT.—The chapter analysis
for chapter 131 of title 46, United States Code, is amended
by inserting after the item relating to section 13106 the fol-
lowing:
‘‘13107. Maintenance of effort for State recreational boating safety programs.’’.
Subtitle F—Miscellaneous
Provisions
SEC. 7601. OFFICE OF INTERMODALISM.
(a) IN GENERAL.—Section 5503 is amended—
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(1) by inserting ‘‘Amounts reserved under section
5504(d) not awarded to States as grants may be used
by the Director to provide technical assistance under
this subsection.’’ after ‘‘organizations.’’ in subsection
(e);
(2) by redesignating subsection (f) as subsection
(h), and inserting after subsection (e) the following:
‘‘(f) National Intermodal System Improvement Plan—
‘‘(1) IN GENERAL.—The Director, in consultation
with the advisory board established under section
5502 of this title and other public and private trans-
portation interests, shall develop a plan to improve
the national intermodal transportation system. The
plan shall include—
‘‘(A) an assessment and forecast of the na-
tional intermodal transportation system’s im-
pact on mobility, safety, energy consumption, the
environment, technology, international trade,
economic activity, and quality of life in the
United States;
‘‘(B) an assessment of the operational and
economic attributes of each passenger and freight
mode of transportation and the optimal role of
each mode in the national intermodal transpor-
tation system;
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‘‘(C) a description of recommended inter-
modal and multi-modal research and develop-
ment projects;
‘‘(D) a description of emerging trends that
have an impact on the national intermodal
transportation system;
‘‘(E) recommendations for improving inter-
modal policy, transportation decisionmaking,
and financing to maximize mobility and the re-
turn on investment of Federal spending on
transportation;
‘‘(F) an estimate of the impact of current
Federal and State transportation policy on the
national intermodal transportation system; and
‘‘(G) specific near and long-term goals for
the national intermodal transportation system.
‘‘(2) PROGRESS
REPORTS.—The Director shall
submit an initial report on the plan to improve the
national intermodal transportation system 2 years
after the date of enactment of the Surface Transpor-
tation Safety Improvement Act of 2005, and a follow-
up report 2 years after that, to the Senate Committee
on Commerce, Science, and Transportation and the
House of Representatives Committee on Transpor-
tation and Infrastructure. The progress report shall—
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‘‘(A) describe progress made toward achiev-
ing the plan’s goals;
‘‘(B) describe challenges and obstacles to
achieving the plan’s goals;
‘‘(C) update the plan to reflect changed cir-
cumstances or new developments; and
‘‘(D) make policy and legislative rec-
ommendations the Director believes are necessary
and appropriate to achieve the goals of the plan.
‘‘(3) PLAN DEVELOPMENT FUNDING.—Such sums
as may be necessary from the administrative expenses
of the Research and Innovative Technology Adminis-
tration shall be reserved each year for the purpose of
completing and updating the plan to improve the na-
tional intermodal transportation plan.
‘‘(g) IMPACT MEASUREMENT METHODOLOGY; IMPACT
REVIEW.—The Director and the Director of the Bureau of
Transportation Statistics shall jointly—
‘‘(1) develop, in consultation with the modal ad-
ministrations, and State and local planning organi-
zations, common measures to compare transportation
investment decisions across the various modes of
transportation; and
‘‘(2) formulate a methodology for measuring the
impact of intermodal transportation on—
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‘‘(A) the environment;
‘‘(B) public health and welfare;
‘‘(C) energy consumption;
‘‘(D) the operation and efficiency of the
transportation system;
‘‘(E) congestion, including congestion at the
Nation’s ports; and
‘‘(F) the economy and employment.’’.
SEC. 7602. 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 subchapter II the following:
‘‘§ 20154. Capital grants for rail line relocation
projects
‘‘(a) ESTABLISHMENT OF PROGRAM.—The Secretary
of Transportation shall carry out a grant program to pro-
vide financial assistance for local rail line relocation
projects.
‘‘(b) ELIGIBILITY.—A State is eligible for a grant
under this section for any construction project for the im-
provement of the route or structure of a rail line passing
through a municipality of the State that—
‘‘(1) either—
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‘‘(A) is carried out for the purpose of miti-
gating the adverse effects of rail traffic on safety,
motor vehicle traffic flow, community quality of
life, or economic development in the munici-
pality; or
‘‘(B) involves a lateral or vertical relocation
of any portion of the rail line within the munici-
pality to avoid a closing of a grade crossing or
the construction of a road underpass or overpass;
and
‘‘(2) meets the costs-benefits requirement set forth
in subsection (c).
‘‘(c) COSTS-BENEFITS REQUIREMENT.—A grant may
be awarded under this section for a project for the relocation
of a rail line only if the benefits of the project for the period
equal to the estimated economic life of the relocated rail line
exceed the costs of the project for that period, as determined
by the Secretary considering the following factors:
‘‘(1) The effects of the rail line and the rail traf-
fic on motor vehicle and pedestrian traffic, safety,
community quality of life, and area commerce if the
rail line were not so relocated.
‘‘(2) The effects of the rail line, relocated as pro-
posed, on motor vehicle and pedestrian traffic, safety,
community quality of life, and area commerce.
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‘‘(3) The effects of the rail line, relocated as pro-
posed, on the freight and passenger rail operations on
the rail line.
‘‘(d) CONSIDERATIONS FOR APPROVAL OF GRANT AP-
PLICATIONS.—In addition to considering the relationship
of benefits to costs 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 relocation project without Federal grant funding.
‘‘(2) The requirement and limitation relating to
allocation of grant funds provided in subsection (e).
‘‘(3) Equitable treatment of the various regions
of the United States.
‘‘(e) ALLOCATION REQUIREMENTS.—
‘‘(1) GRANTS NOT GREATER THAN $20,000,000.—
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.
‘‘(2) LIMITATION PER PROJECT.—Not more than
25 percent of the total amount available for carrying
out this section for a fiscal year may be provided for
any 1 project in that fiscal year.
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‘‘(f) FEDERAL SHARE.—The total amount of a grant
awarded under this section for a rail line relocation project
shall be equal to a percentage of the shared costs of the
project, as determined under subsection (g)(4).
‘‘(g) NON-FEDERAL SHARE.—
‘‘(1) PERCENTAGE.—A State or other non-Fed-
eral 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 re-
quired by paragraph (1) may be paid in cash or in
kind.
‘‘(3) IN-KIND CONTRIBUTIONS.—The in-kind con-
tributions 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 tan-
gible personal property (whether provided by the
State or a person for the State).
‘‘(B) A contribution of the services of em-
ployees 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 over-
head and general administrative costs.
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‘‘(C) A payment of any costs that were in-
curred for the project before the filing of an ap-
plication for a grant for the project under this
section, and any in-kind contributions that were
made for the project before the filing of the appli-
cation, if and to the extent that the costs were in-
curred 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) 
FEDERAL
PERCENTAGE; 
COSTS
NOT
SHARED.—
‘‘(A) IN GENERAL.—The Secretary shall de-
termine the percentage of the shared costs of a
project eligible for a grant under this section,
which may not exceed 90 percent of those costs,
after considering—
‘‘(i) the level of participation by the
State, local government, and private sector
participation in the project; and
‘‘(ii) the relative public and private
benefits excepted to be derived from the
project.
‘‘(B) COSTS NOT SHARED.—For the pur-
poses of subsection (f) and this subsection, the
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shared costs of a project in a municipality do
not include any cost that is defrayed with any
funds or in-kind contribution that a source other
than the municipality makes available for the
use of the municipality without imposing at
least 1 of the following conditions:
‘‘(i) The condition that the munici-
pality use the funds or contribution only for
the project.
‘‘(ii) The condition that the avail-
ability of the funds or contribution to the
municipality is contingent on the execution
of the project.
‘‘(C) 
DETERMINATIONS
OF
THE
SEC-
RETARY.—The Secretary shall determine the
amount of the costs, if any, that are not shared
costs under this paragraph and the total amount
of the shared costs. A determination of the Sec-
retary shall be final.
‘‘(h) MULTISTATE AGREEMENTS TO COMBINE
AMOUNTS.—Two or more States (not including polit-
ical 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—
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‘‘(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.
‘‘(i) REGULATIONS.—The Secretary shall prescribe
regulations for carrying out this section.
‘‘(j) DEFINITIONS.—In this section:
‘‘(1) CONSTRUCTION.—The term ‘construction’
means the supervising, inspecting, actual building,
and incurrence of all costs incidental to the construc-
tion or reconstruction of a project described under
subsection (b)(1) or (2) of this section, including bond
costs and other costs relating to the issuance of bonds
or other debt financing instruments and costs in-
curred by the State in performing project related au-
dits, and includes—
‘‘(A) locating, surveying, and mapping;
‘‘(B) track installment, restoration and re-
habilitation;
‘‘(C) acquisition of rights-of-way;
‘‘(D) relocation assistance, acquisition of re-
placement housing sites, and acquisition and re-
habilitation, relocation, and construction of re-
placement housing;
‘‘(E) elimination of obstacles; and
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‘‘(G) and other activities defined by the Sec-
retary.
‘‘(2) STATE.—The term ‘State’ includes, except
as otherwise specifically provided, a political subdivi-
sion of a State.
‘‘(k) 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 anal-
ysis for such chapter is amended by adding at the end
the following:
‘‘20154. Capital grants for rail line relocation projects.’’.
(b) REGULATIONS.—
(1) INTERIM
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 Octo-
ber 1, 2006, the Secretary shall issue final regulations
implementing the program.
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SEC. 7603. REHABILITATION AND IMPROVEMENT FINANC-
ING.
(a) DEFINITIONS.—Section 102(7) of the Railroad Re-
vitalization 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 by striking ‘‘Secretary
may provide direct loans and loan guarantees to State and
local governments,’’ and inserting ‘‘Secretary shall provide
direct loans and loan guarantees to State and local govern-
ments, agreements or interstate compacts consented to by
Congress under section 410(a) of Public Law 105–134 (49
U.S.C. 24101 nt),’’.
(c) PRIORITY PROJECTS.—Section 502(c) of the Rail-
road Revitalization and Regulatory Reform Act of 1976 (45
U.S.C. 822(c) is amended—
(1) by striking ‘‘or’’ after the semicolon in sub-
section (5);
(2) by striking ‘‘areas.’’ in subsection (6) and in-
serting ‘‘areas; or’’; and
(3) by adding at the end the following:
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‘‘(7) enhance service and capacity in the na-
tional rail 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
‘‘$6,000,000,000’’;
(2) by striking ‘‘$1,000,000,000’’ and inserting
‘‘$3,000,000,000’’; and
(3) by adding at the end ‘‘The Secretary shall
not establish any limit on the proportion of the un-
used amount authorized under this subsection that
may be used for 1 loan or loan guarantee.’’.
(e) COHORTS OF LOANS.—Section 502(f) of the Rail-
road Revitalization and Regulatory Reform Act of 1976 (45
U.S.C. 822(f)) is amended—
(1) by striking ‘‘and’’ after the semicolon in sub-
paragraph (D) of paragraph (1);
(2) by redesignating subparagraph (E) of para-
graph (1) as subparagraph (F);
(3) by inserting adding after subparagraph (D)
of paragraph (1) the following:
‘‘(E) the size and characteristics of the cohort of
which the loan or loan guarantee is a member; and’’;
and
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(4) by adding at the end of paragraph (4) ‘‘A co-
hort may include loans and loan guarantees. The Sec-
retary shall not establish any limit on the proportion
of a cohort that may be used for 1 loan or loan guar-
antee.’’.
(f) CONDITIONS OF ASSISTANCE.—
(1) ASSURANCES.—Section 502(h) of the Rail-
road Revitalization and Regulatory Reform Act of
1976 (45 U.S.C. 822) is amended—
(A) by inserting ‘‘(1)’’ before ‘‘The Sec-
retary’’;
(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 improvements contemplated by the comple-
tion and operation of the project. The Secretary shall not
require that an applicant for a direct loan or loan guar-
antee under this section have previously sought the finan-
cial assistance requested from another source.
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‘‘(3) The Secretary shall require recipients of di-
rect 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
standards 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 ‘‘of-
fered;’’ in subsection (f)(2)(A) and inserting ‘‘offered,
if any;’’.
(g) TIME LIMIT FOR APPROVAL OR DISAPPROVAL.—
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:
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‘‘(i) TIME LIMIT FOR APPROVAL OR DISAPPROVAL.—
Not later than 90 days after receiving a complete applica-
tion for a direct loan or loan guarantee under this section,
the Secretary shall approve or disapprove the application.
‘‘(j) CONSTRUCTION PROJECTS.—
‘‘(1) IN
GENERAL.—For loans involving con-
struction projects that require more than one year to
complete, the Secretary shall establish a repayment
schedule requiring payments to commence not later
than the sixth anniversary date of the original loan
issuance.
‘‘(2) ADDITIONS.—The Secretary shall add to the
outstanding balance of the loan on the first anniver-
sary date of the original loan issuance on which pay-
ments are made, the product of (A) the loan prin-
cipal, (B) the annual rate of interest on the loan, and
(C) the number of years payments were deferred
under the repayment schedule.’’.
(h) INTEREST RATE.—Paragraph (1) of section 822(e)
the Railroad Revitalization and Regulatory Reform Act of
1976 (45 U.S.C. 822(e)) is amended to read as follows:
‘‘(1) DIRECT LOANS.—For Class III railroads,
as defined by the Surface Transportation Board, the
Secretary shall require interest to be paid on a direct
loan made under this section at a rate not more than
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3 percentage points below the yield on marketable
United States Treasury securities of a maturity simi-
lar to the maturity of the loan on the date on which
the loan agreement was executed.’’.
(i) FEES AND CHARGES.—Section 503 of the Railroad
Revitalization 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 the enactment of this
Act, the Secretary of Transportation shall publish in the
Federal Register and post on the Department of Transpor-
tation website the substantive criteria and standards used
by the Secretary to determine whether to approve or dis-
approve applications submitted under section 502 of the
Railroad Revitalization and Regulatory Reform Act of
1976 (45 U.S.C. 822). The Secretary of Transportation
shall ensure adequate procedures and guidelines are in
place to permit the filing of complete applications within
30 days of such publication.
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SEC. 7604. REPORT REGARDING IMPACT ON PUBLIC SAFETY
OF TRAIN TRAVEL IN COMMUNITIES WITH-
OUT GRADE SEPARATION.
(a) STUDY.—The Secretary of Transportation shall, in
consultation with State and local government officials, con-
duct a study of the impact of blocked highway-railroad
grade crossings on the ability of emergency responders to
perform public safety and security duties.
(b) REPORT ON THE IMPACT OF BLOCKED HIGHWAY-
RAILROAD GRADE CROSSINGS ON EMERGENCY RESPOND-
ERS.—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 Com-
mittee on Commerce, Science, and Transportation and the
House of Representatives Committee on Transportation and
Infrastructure.
SEC. 7605. FIRST RESPONDER VEHICLE SAFETY PROGRAM.
(a) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, the Secretary of Transportation,
in consultation with the Administrator of the National
Highway Traffic Safety Administration, shall—
(1) develop and implement a comprehensive pro-
gram to promote compliance with State and local
laws intended to increase the safe and efficient oper-
ation of first responder vehicles;
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(2) compile a list of best practices by State and
local governments to promote compliance with the
laws described in paragraph (1);
(3) analyze State and local laws intended to in-
crease the safe and efficient operation of first re-
sponder vehicles; and
(4) develop model legislation to increase the safe
and efficient operation of first responder vehicles.
(b) PARTNERSHIPS.—The Secretary may enter into
partnerships with qualified organizations to carry out this
section.
(c) PUBLIC OUTREACH.—The Secretary shall use a va-
riety of public outreach strategies to carry out this section,
including public service announcements, publication of in-
formational materials, and posting information on the
Internet.
(d) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to the Secretary such sums
as may be necessary for fiscal year 2006 to carry out this
section.
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SEC. 7606. FEDERAL SCHOOL BUS DRIVER QUALIFICA-
TIONS.
The effective date of section 383.123 of volume 49, Code
of Federal Regulations (as in effect on the date of enactment
of this Act), shall be September 30, 2006.
Attest:
Secretary.
109TH CONGRESS
1ST SESSION
H. R. 3
AMENDMENT
May 18, 2005
Ordered to be printed as passed