To amend chapter 53 of title 49, United States Code, to improve the Nation's public transportation and for other purposes.

SA 573. Mr. SHELBY submitted an amendment intended to be proposed by
him to the bill H.R. 3, Reserved; which was ordered to lie on the
table; as follows:

At the end of the bill, add the following:

TITLE VI--PUBLIC TRANSPORTATION

SEC. 6001. SHORT TITLE.

This title may be cited as the ``Federal Public
Transportation Act of 2005''.

SEC. 6002. AMENDMENTS TO TITLE 49, UNITED STATES CODE;
UPDATED TERMINOLOGY.

(a) Amendments to Title 49.--Except as otherwise
specifically provided, whenever in this title an amendment or
repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision of law, the reference shall
be considered to be made to a section or other provision of
title 49, United States Code.
(b) Updated Terminology.--Except for sections 5301(f),
5302(a)(7), and 5315, chapter 53, including the chapter
analysis, is amended by striking ``mass transportation'' each
place it appears and inserting ``public transportation''.

SEC. 6003. POLICIES, FINDINGS, AND PURPOSES.

(a) Development and Revitalization of Public Transportation
Systems.--Section 5301(a) is amended to read as follows:
``(a) Development and Revitalization of Public
Transportation Systems.--It is in the economic interest of
the United States to foster the development and
revitalization of public transportation systems, which are
coordinated with other modes of transportation, that maximize
the efficient, secure, and safe mobility of individuals and
minimize environmental impacts.''.
(b) General Findings.--Section 5301(b)(1) is amended--
(1) by striking ``70 percent'' and inserting ``two-
thirds''; and
(2) by striking ``urban areas'' and inserting ``urbanized
areas''.
(c) Preserving the Environment.--Section 5301(e) is
amended--
(1) by striking ``an urban'' and inserting ``a''; and
(2) by striking ``under sections 5309 and 5310 of this
title''.
(d) General Purposes.--Section 5301(f) is amended--
(1) in paragraph (1)--
(A) by striking ``improved mass'' and inserting ``improved
public''; and
(B) by striking ``public and private mass transportation
companies'' and inserting ``public transportation companies
and private companies engaged in public transportation'';
(2) in paragraph (2)--
(A) by striking ``urban mass'' and inserting ``public'';
and
(B) by striking ``public and private mass transportation
companies'' and inserting ``public transportation companies
and private companies engaged in public transportation'';
(3) in paragraph (3)--
(A) by striking ``urban mass'' and inserting ``public'';
and
(B) by striking ``public or private mass transportation
companies'' and inserting ``public transportation companies
or private companies engaged in public transportation''; and
(4) in paragraph (5), by striking ``urban mass'' and
inserting ``public''.

SEC. 6004. DEFINITIONS.

Section 5302(a) is amended--
(1) in paragraph (1)--
(A) in subparagraph (G)(i), by inserting ``including the
intercity bus and intercity rail portions of such facility or
mall,'' after ``transportation mall,'';
(B) in subparagraph (G)(ii), by inserting ``, except for
the intercity bus portion of intermodal facilities or
malls,'' after ``commercial revenue-producing facility'';

[[Page S4323]]

(C) in subparagraph (H)--
(i) by striking ``and'' after ``innovative'' and inserting
``or''; and
(ii) by striking ``or'' after the semicolon at the end;
(D) in subparagraph (I), by striking the period at the end
and inserting a semicolon; and
(E) by adding at the end the following:
``(J) crime prevention and security, including--
``(i) projects to refine and develop security and emergency
response plans; or
``(ii) projects to detect chemical or biological agents in
public transportation;
``(K) conducting emergency response drills with public
transportation agencies and local first response agencies or
security training for public transportation employees, except
for expenses relating to operations; or
``(L) establishing a debt service reserve, made up of
deposits with a bondholder's trustee, to ensure the timely
payment of principal and interest on bonds issued by a grant
recipient to finance an eligible project under this
chapter.'';
(2) by redesignating paragraphs (8) through (17) as
paragraphs (9) through (18), respectively;
(3) by striking paragraph (7) and inserting the following:
``(7) Mass transportation.--The term `mass transportation'
means public transportation.
``(8) Mobility management.--The term `mobility management'
means a short-range planning or management activity or
project that does not include operating public transportation
services and--
``(A) improves coordination among public transportation
providers, including private companies engaged in public
transportation;
``(B) addresses customer needs by tailoring public
transportation services to specific market niches; or
``(C) manages public transportation demand.'';
(4) by amending paragraph (11), as redesignated, to read as
follows:
``(11) Public transportation.--The term `public
transportation' means transportation by a conveyance that
provides local regular and continuing general or special
transportation to the public, but does not include school
bus, charter bus, intercity bus or passenger rail, or
sightseeing transportation.'';
(5) in subparagraphs (A) and (E) of paragraph (16), as
redesignated, by striking ``and'' each place it appears and
inserting ``or''; and
(6) by amending paragraph (18), as redesignated, to read as
follows:
``(18) Urbanized area.--The term `urbanized area' means an
area encompassing a population of not less than 50,000 people
that has been defined and designated in the most recent
decennial census as an `urbanized area' by the Secretary of
Commerce.''.

SEC. 6005. METROPOLITAN TRANSPORTATION PLANNING.

Section 5303 is amended to read as follows:

``Sec. 5303. Metropolitan transportation planning

``(a) Definitions.--As used in this section and in section
5304, the following definitions shall apply:
``(1) Consultation.--A `consultation' occurs when 1 party--
``(A) confers with another identified party in accordance
with an established process;
``(B) prior to taking action, considers the views of the
other identified party; and
``(C) periodically informs that party about action taken.
``(2) Metropolitan planning area.--The term `metropolitan
planning area' means the geographic area determined by
agreement between the metropolitan planning organization and
the Governor under subsection (d).
``(3) Metropolitan planning organization.--The term
`metropolitan planning organization' means the Policy Board
of the organization designated under subsection (c).
``(4) Nonmetropolitan area.--The term `nonmetropolitan
area' means any geographic area outside all designated
metropolitan planning areas.
``(5) Nonmetropolitan local official.--The term
`nonmetropolitan local official' means any elected or
appointed official of general purpose local government
located in a nonmetropolitan area who is responsible for
transportation services for such local government.
``(b) General Requirements.--
``(1) Development of plans and programs.--To accomplish the
objectives described in section 5301(a), each metropolitan
planning organization, in cooperation with the State and
public transportation operators, shall develop transportation
plans and programs for metropolitan planning areas of the
State in which it is located.
``(2) Contents.--The plans and programs developed under
paragraph (1) for each metropolitan planning area shall
provide for the development and integrated management and
operation of transportation systems and facilities (including
pedestrian walkways and bicycle transportation facilities)
that will function as an intermodal transportation system for
the metropolitan planning area and as an integral part of an
intermodal transportation system for the State and the United
States.
``(3) Process of development.--The process for developing
the plans and programs shall provide for consideration of all
modes of transportation and shall be continuing, cooperative,
and comprehensive to the degree appropriate, based on the
complexity of the transportation problems to be addressed.
``(4) Planning and project development.--The metropolitan
planning organization, the State Department of
Transportation, and the appropriate public transportation
provider shall agree upon the approaches that will be used to
evaluate alternatives and identify transportation
improvements that address the most complex problems and
pressing transportation needs in the metropolitan area.
``(c) Designation of Metropolitan Planning Organizations.--
``(1) In general.--To carry out the transportation planning
process under this section, a metropolitan planning
organization shall be designated for each urbanized area--
``(A) by agreement between the Governor and units of
general purpose local government that combined represent not
less than 75 percent of the affected population (including
the incorporated city or cities named by the Bureau of the
Census in designating the urbanized area); or
``(B) in accordance with procedures established by
applicable State or local law.
``(2) Structure.--Each metropolitan planning organization
designated under paragraph (1) that serves an area identified
as a transportation management area shall consist of--
``(A) local elected officials;
``(B) officials of public agencies that administer or
operate major modes of transportation in the metropolitan
area; and
``(C) appropriate State officials.
``(3) Limitation on statutory construction.--Nothing in
this subsection shall be construed to interfere with the
authority, under any State law in effect on December 18,
1991, of a public agency with multimodal transportation
responsibilities--
``(A) to develop plans and programs for adoption by a
metropolitan planning organization; and
``(B) to develop long-range capital plans, coordinate
transit services and projects, and carry out other activities
pursuant to State law.
``(4) Continuing designation.--The designation of a
metropolitan planning organization under this subsection or
any other provision of law shall remain in effect until the
metropolitan planning organization is redesignated under
paragraph (5).
``(5) Redesignation procedures.--A metropolitan planning
organization may be redesignated by agreement between the
Governor and units of general purpose local government that
combined represent not less than 75 percent of the existing
planning area population (including the incorporated city or
cities named by the Bureau of the Census in designating the
urbanized area) as appropriate to carry out this section.
``(6) Designation of more than 1 metropolitan planning
organization.--More than 1 metropolitan planning organization
may be designated within an existing metropolitan planning
area only if the Governor and the existing metropolitan
planning organization determine that the size and complexity
of the existing metropolitan planning area make designation
of more than 1 metropolitan planning organization for the
area appropriate.
``(d) Metropolitan Planning Area Boundaries.--
``(1) In general.--For the purposes of this section, the
boundaries of a metropolitan planning area shall be
determined by agreement between the metropolitan planning
organization and the Governor.
``(2) Included area.--Each metropolitan planning area--
``(A) shall encompass at least the existing urbanized area
and the contiguous area expected to become urbanized within a
20-year forecast period for the transportation plan; and
``(B) may encompass the entire metropolitan statistical
area or consolidated metropolitan statistical area, as
defined by the Office of Management and Budget.
``(3) Identification of new urbanized areas within existing
planning area boundaries.--The designation by the Bureau of
the Census of new urbanized areas within an existing
metropolitan planning area shall not require the
redesignation of the existing metropolitan planning
organization.
``(4) Existing metropolitan planning areas in
nonattainment.--Notwithstanding paragraph (2), in the case of
an urbanized area designated as a nonattainment area for
ozone or carbon monoxide under the Clean Air Act (42 U.S.C.
7401 et seq.), the boundaries of the metropolitan planning
area in existence as of the date of enactment of the Federal
Public Transportation Act of 2005 shall be retained, except
that the boundaries may be adjusted by agreement of the
Governor and affected metropolitan planning organizations in
accordance with paragraph (5).
``(5) New metropolitan planning areas in nonattainment.--If
an urbanized area is designated after the date of enactment
of this paragraph in a nonattainment area for ozone or carbon
monoxide, the boundaries of the metropolitan planning area--
``(A) shall be established in accordance with subsection
(c)(1);
``(B) shall encompass the areas described in paragraph
(2)(A);
``(C) may encompass the areas described in paragraph
(2)(B); and
``(D) may address any nonattainment identified under the
Clean Air Act (42 U.S.C. 7401 et seq.) for ozone or carbon
monoxide.

[[Page S4324]]

``(e) Coordination in Multistate Areas.--
``(1) In general.--The Secretary shall encourage each
Governor with responsibility for a portion of a multistate
metropolitan area and the appropriate metropolitan planning
organizations to provide coordinated transportation planning
for the entire metropolitan area.
``(2) Interstate compacts.--States are authorized--
``(A) to enter into agreements or compacts with other
States, which agreements or compacts are not in conflict with
any law of the United States, for cooperative efforts and
mutual assistance in support of activities authorized under
this section as the activities pertain to interstate areas
and localities within the States; and
``(B) to establish such agencies, joint or otherwise, as
the States may determine desirable for making the agreements
and compacts effective.
``(3) Lake tahoe region.--
``(A) Definition.--In this paragraph, the term `Lake Tahoe
region' has the meaning given the term `region' in
subdivision (a) of article II of the Tahoe Regional Planning
Compact, as set forth in the first section of Public Law 96-
551 (94 Stat. 3234).
``(B) Transportation planning process.--The Secretary
shall--
``(i) establish with the Federal land management agencies
that have jurisdiction over land in the Lake Tahoe region a
transportation planning process for the region; and
``(ii) coordinate the transportation planning process with
the planning process required of State and local governments
under this section and section 5304.
``(C) Interstate compact.--
``(i) In general.--Subject to clause (ii) and
notwithstanding subsection (c), to carry out the
transportation planning process required by this section,
California and Nevada may designate a metropolitan planning
organization for the Lake Tahoe region, by agreement between
the Governor of the State of California, the Governor of the
State of Nevada, and units of general purpose local
government that combined represent not less than 75 percent
of the affected population (including the incorporated city
or cities named by the Bureau of the Census in designating
the urbanized area), or in accordance with procedures
established by applicable State or local law.
``(ii) Involvement of federal land management agencies.--

``(I) Representation.--The policy board of a metropolitan
planning organization designated under clause (i) shall
include a representative of each Federal land management
agency that has jurisdiction over land in the Lake Tahoe
region.
``(II) Funding.--In addition to funds made available to the
metropolitan planning organization under other provisions of
title 23 and this chapter, not more than 1 percent of the
funds allocated under section 202 of title 23 may be used to
carry out the transportation planning process for the Lake
Tahoe region under this subparagraph.

``(D) Activities.--Highway projects included in
transportation plans developed under this paragraph--
``(i) shall be selected for funding in a manner that
facilitates the participation of the Federal land management
agencies that have jurisdiction over land in the Lake Tahoe
region; and
``(ii) may, in accordance with chapter 2 of title 23, be
funded using funds allocated under section 202 of title 23.
``(f) Coordination of Metropolitan Planning
Organizations.--
``(1) Nonattainment areas.--If more than 1 metropolitan
planning organization has authority within a metropolitan
area or an area which is designated as a nonattainment area
for ozone or carbon monoxide under the Clean Air Act (42
U.S.C. 7401 et seq.), each metropolitan planning organization
shall consult with the other metropolitan planning
organizations designated for such area and the State in the
coordination of plans required by this section.
``(2) Transportation improvements located in multiple
metropolitan planning areas.--If a transportation improvement
funded from the highway trust fund is located within the
boundaries of more than 1 metropolitan planning area, the
metropolitan planning organizations shall coordinate plans
regarding the transportation improvement.
``(3) Interregional and interstate project impacts.--
Planning for National Highway System, commuter rail projects,
or other projects with substantial impacts outside a single
metropolitan planning area or State shall be coordinated
directly with the affected, contiguous, metropolitan planning
organizations and States.
``(4) Coordination with other planning processes.--
``(A) In general.--The Secretary shall encourage each
metropolitan planning organization to coordinate its planning
process, to the maximum extent practicable, with those
officials responsible for other types of planning activities
that are affected by transportation, including State and
local land use planning, economic development, environmental
protection, airport operations, housing, and freight.
``(B) Other considerations.--The metropolitan planning
process shall develop transportation plans with due
consideration of, and in coordination with, other related
planning activities within the metropolitan area. This should
include the design and delivery of transportation services
within the metropolitan area that are provided by--
``(i) recipients of assistance under this chapter;
``(ii) governmental agencies and nonprofit organizations
(including representatives of the agencies and organizations)
that receive Federal assistance from a source other than the
Department of Transportation to provide nonemergency
transportation services; and
``(iii) recipients of assistance under section 204 of title
23.
``(g) Scope of Planning Process.--
``(1) In general.--The goals and objectives developed
through the metropolitan planning process for a metropolitan
planning area under this section shall address, in relation
to the performance of the metropolitan area transportation
systems--
``(A) supporting the economic vitality of the metropolitan
area, especially by enabling global competitiveness,
productivity, and efficiency, including through services
provided by public and private operators;
``(B) increasing the safety of the transportation system
for motorized and nonmotorized users;
``(C) increasing the security of the transportation system
for motorized and nonmotorized users;
``(D) increasing the accessibility and mobility of people
and for freight, including through services provided by
public and private operators;
``(E) protecting and enhancing the environment (including
the protection of habitat, water quality, and agricultural
and forest land, while minimizing invasive species),
promoting energy conservation, and promoting consistency
between transportation improvements and State and local land
use planning and economic development patterns (including
minimizing adverse health effects from mobile source air
pollution and promoting the linkage of the transportation and
development goals of the metropolitan area);
``(F) enhancing the integration and connectivity of the
transportation system, across and between modes, for people
and freight, including through services provided by public
and private operators;
``(G) promoting efficient system management and operation;
and
``(H) emphasizing the preservation and efficient use of the
existing transportation system, including services provided
by public and private operators.
``(2) Selection of factors.--After soliciting and
considering any relevant public comments, the metropolitan
planning organization shall determine which of the factors
described in paragraph (1) are most appropriate to consider.
``(3) Failure to consider factors.--The failure to consider
any factor specified in paragraph (1) shall not be reviewable
by any court under title 23, this title, subchapter II of
chapter 5 of title 5, or chapter 7 of title 5 in any matter
affecting a transportation plan, a transportation improvement
plan, a project or strategy, or the certification of a
planning process.
``(h) Development of Transportation Plan.--
``(1) In general.--
``(A) Requirement.--Each metropolitan planning organization
shall develop a transportation plan for its metropolitan
planning area in accordance with this subsection, and update
such plan--
``(i) not less frequently than once every 4 years in areas
designated as nonattainment, as defined in section 107(d) of
the Clean Air Act (42 U.S.C. 7407(d)), and in areas that were
nonattainment that have been redesignated as attainment, in
accordance with paragraph (3) of such section, with a
maintenance plan under section 175A of the Clean Air Act (42
U.S.C. 7505a); or
``(ii) not less frequently than once every 5 years in areas
designated as attainment, as defined in section 107(d) of the
Clean Air Act.
``(B) Coordination factors.--In developing the
transportation plan under this section, each metropolitan
planning organization shall consider the factors described in
subsection (f) over a 20-year forecast period.
``(C) Financial estimates.--For the purpose of developing
the transportation plan, the metropolitan planning
organization, transit operator, and State shall cooperatively
develop estimates of funds that will be available to support
plan implementation.
``(2) Mitigation activities.--
``(A) In general.--A transportation plan under this
subsection shall include a discussion of--
``(i) types of potential habitat, hydrological, and
environmental mitigation activities that may assist in
compensating for loss of habitat, wetland, and other
environmental functions; and
``(ii) potential areas to carry out these activities,
including a discussion of areas that may have the greatest
potential to restore and maintain the habitat types and
hydrological or environmental functions affected by the plan.
``(B) Consultation.--The discussion described in
subparagraph (A) shall be developed in consultation with
Federal and State tribal wildlife, land management, and
regulatory agencies.
``(3) Contents.-- A transportation plan under this
subsection shall be in a form that the Secretary determines
to be appropriate and shall contain--
``(A) an identification of transportation facilities,
including major roadways, transit, multimodal and intermodal
facilities, intermodal connectors, and other relevant
facilities identified by the metropolitan planning

[[Page S4325]]

organization, which should function as an integrated
metropolitan transportation system, emphasizing those
facilities that serve important national and regional
transportation functions;
``(B) a financial plan that--
``(i) demonstrates how the adopted transportation plan can
be implemented;
``(ii) indicates resources from public and private sources
that are reasonably expected to be made available to carry
out the plan;
``(iii) recommends any additional financing strategies for
needed projects and programs; and
``(iv) may include, for illustrative purposes, additional
projects that would be included in the adopted transportation
plan if approved by the Secretary and reasonable additional
resources beyond those identified in the financial plan were
available;
``(C) operational and management strategies to improve the
performance of existing transportation facilities to relieve
vehicular congestion and maximize the safety and mobility of
people and goods;
``(D) capital investment and other strategies to preserve
the existing metropolitan transportation infrastructure and
provide for multimodal capacity increases based on regional
priorities and needs; and
``(E) proposed transportation and transit enhancement
activities.
``(4) Consultation.--
``(A) In general.--In each metropolitan area, the
metropolitan planning organization shall consult, as
appropriate, with State and local agencies responsible for
land use management, natural resources, environmental
protection, conservation, and historic preservation
concerning the development of a long-range transportation
plan.
``(B) Issues.--The consultation shall involve--
``(i) comparison of transportation plans with State
conservation plans or with maps, if available;
``(ii) comparison of transportation plans to inventories of
natural or historic resources, if available; or
``(iii) consideration of areas where wildlife crossing
structures may be needed to ensure connectivity between
wildlife habitat linkage areas.
``(5) Coordination with clean air act agencies.--In
metropolitan areas in nonattainment for ozone or carbon
monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.),
the metropolitan planning organization shall coordinate the
development of a transportation plan with the process for
development of the transportation control measures of the
State implementation plan required by the Clean Air Act.
``(6) Approval of the transportation plan.--Each
transportation plan prepared by a metropolitan planning
organization shall be--
``(A) approved by the metropolitan planning organization;
and
``(B) submitted to the Governor for information purposes at
such time and in such manner as the Secretary may reasonably
require.
``(i) Participation by Interested Parties.--
``(1) Development of participation plan.--Not less
frequently than every 4 years, each metropolitan planning
organization shall develop and adopt a plan for participation
in the process for developing the metropolitan transportation
plan and programs by--
``(A) citizens;
``(B) affected public agencies;
``(C) representatives of public transportation employees;
``(D) freight shippers;
``(E) providers of freight transportation services;
``(F) private providers of transportation;
``(G) representatives of users of public transit;
``(H) representatives of users of pedestrian walkways and
bicycle transportation facilities; and
``(I) other interested parties.
``(2) Contents of participation plan.--The participation
plan--
``(A) shall be developed in a manner the Secretary
determines to be appropriate;
``(B) shall be developed in consultation with all
interested parties; and
``(C) shall provide that all interested parties have
reasonable opportunities to comment on--
``(i) the process for developing the transportation plan;
and
``(ii) the contents of the transportation plan.
``(3) Methods.--The participation plan shall provide that
the metropolitan planning organization shall, to the maximum
extent practicable--
``(A) hold any public meetings at convenient and accessible
locations and times;
``(B) employ visualization techniques to describe plans;
and
``(C) make public information available in electronically
accessible format and means, such as the World Wide Web.
``(4) Certification.--Before the metropolitan planning
organizations approve a transportation plan or program, each
metropolitan planning organization shall certify that it has
complied with the requirements of the participation plan it
has adopted.
``(j) Transportation Improvement Program.--
``(1) Development and update.--
``(A) In general.--In cooperation with the State and
affected operators of public transportation, a metropolitan
planning organization designated for a metropolitan planning
area shall develop a transportation improvement program for
the area.
``(B) Participation.--In developing the transportation
improvement program, the metropolitan planning organization,
in cooperation with the Governor and any affected operator of
public transportation, shall provide an opportunity for
participation by interested parties in the development of the
program, in accordance with subsection (i).
``(C) Updates.--The transportation improvement program
shall be updated not less than once every 4 years and shall
be approved by the metropolitan planning organization and the
Governor.
``(D) Funding estimate.--In developing the transportation
improvement program, the metropolitan planning organization,
operators of public transportation, and the State shall
cooperatively develop estimates of funds that are reasonably
expected to be available to support program implementation.
``(E) Project advancement.--Projects listed in the
transportation improvement program may be selected for
advancement consistent with the project selection
requirements.
``(F) Major amendments.--Major amendments to the list
described in subparagraph (E), including the addition,
deletion, or concept and scope change of a regionally
significant project, may not be advanced without--
``(i) appropriate public involvement;
``(ii) financial planning;
``(iii) transportation conformity analyses; and
``(iv) a finding by the Federal Highway Administration and
Federal Transit Administration that the amended plan was
produced in a manner consistent with this section.
``(2) Included projects.--
``(A) Projects under chapter 1 of title 23 and this
chapter.--A transportation improvement program developed
under this section for a metropolitan area shall include the
projects and strategies within the metropolitan area that are
proposed for funding under chapter 1 of title 23 and this
chapter.
``(B) Projects under chapter 2 of title 23.--
``(i) Regionally significant projects.--Regionally
significant projects proposed for funding under chapter 2 of
title 23 shall be identified individually in the metropolitan
transportation improvement program.
``(ii) Other projects.--Projects proposed for funding under
chapter 2 of title 23 that are not regionally significant
shall be grouped in 1 line item or identified individually in
the metropolitan transportation improvement program.
``(3) Selection of projects.--
``(A) In general.--Except as otherwise provided under
subsection (k)(4), the selection of federally funded projects
in metropolitan planning areas shall be carried out, from the
approved transportation plan--
``(i) by the State, in the case of projects under chapter 1
of title 23 or section 5308, 5310, 5311, or 5317 of this
title;
``(ii) by the designated recipient, in the case of projects
under section 5307; and
``(iii) in cooperation with the metropolitan planning
organization.
``(B) Modifications to project priority.--Notwithstanding
any other provision of law, a project may be advanced from
the transportation improvement program in place of another
project in the same transportation improvement program
without the approval of the Secretary.
``(4) Publication requirements.--
``(A) Publication of transportation improvement program.--A
transportation improvement program involving Federal
participation shall be published or otherwise made readily
available by the metropolitan planning organization for
public review, including, to the maximum extent practicable,
in electronically accessible formats and means, such as the
World Wide Web.
``(B) Publication of annual listings of projects.--An
annual listing of projects, including investments in
pedestrian walkways and bicycle transportation facilities,
for which Federal funds have been obligated in the preceding
4 years shall be published or otherwise made available for
public review by the cooperative effort of the State, transit
operator, and the metropolitan planning organization. This
listing shall be consistent with the funding categories
identified in the transportation improvement program.
``(C) Rulemaking.--Not later than 120 days after the date
of enactment of the Federal Public Transportation Act of
2005, the Secretary shall issue regulations specifying--
``(i) the types of data to be included in the list
described in subparagraph (B), including--

``(I) the name, type, purpose, and geocoded location of
each project;
``(II) the Federal, State, and local identification numbers
assigned to each project;
``(III) amounts obligated and expended on each project,
sorted by funding source and transportation mode, and the
date on which each obligation was made; and
``(IV) the status of each project; and

``(ii) the media through which the list described in
subparagraph (B) will be made available to the public,
including written and visual components for each of the
projects listed.
``(k) Transportation Management Areas.--
``(1) Required identification.--The Secretary shall
identify each urbanized area

[[Page S4326]]

with a population of more than 200,000 individuals as a
transportation management area.
``(2) Transportation plans and programs.--Transportation
plans and programs for a metropolitan planning area serving a
transportation management area shall be based on a continuing
and comprehensive transportation planning process carried out
by the metropolitan planning organization in cooperation with
the State and transit operators.
``(3) Congestion management system.--
``(A) In general.--The transportation planning process
under this section shall address congestion management
through a process that provides for effective management and
operation, based on a cooperatively developed and implemented
metropolitan-wide strategy, of new and existing
transportation facilities eligible for funding under title 23
and this chapter through the use of travel demand reduction
and operational management strategies.
``(B) Phase-in schedule.--The Secretary shall establish a
phase-in schedule that provides for full compliance with the
requirements of this section not later than 1 year after the
identification of transportation management areas under
paragraph (1).
``(4) Selection of projects.--
``(A) In general.--All federally funded projects carried
out within the boundaries of a metropolitan planning area
serving a transportation management area under title 23
(except for projects carried out on the National Highway
System and projects carried out under the bridge program or
the interstate maintenance program) or under this chapter
shall be selected for implementation from the approved
transportation improvement program by the metropolitan
planning organization designated for the area in consultation
with the State and any affected public transit operator.
``(B) National highway system projects.--Projects on the
National Highway System carried out within the boundaries of
a metropolitan planning area serving a transportation
management area and projects carried out within such
boundaries under the bridge program or the interstate
maintenance program under title 23 shall be selected for
implementation from the approved transportation improvement
program by the State in cooperation with the metropolitan
planning organization designated for the area.
``(5) Certification.--
``(A) In general.--The Secretary shall--
``(i) ensure that the metropolitan planning process of a
metropolitan planning organization serving a transportation
management area is being carried out in accordance with
Federal law; and
``(ii) subject to subparagraph (B), certify, not less
frequently than once every 4 years in nonattainment and
maintenance areas (as defined under the Clean Air Act) and
not less frequently than once every 5 years in attainment
areas (as defined under such Act), that the requirements of
this paragraph are met with respect to the metropolitan
planning process.
``(B) Requirements for certification.--The Secretary may
make the certification under subparagraph (A) if--
``(i) the transportation planning process complies with the
requirements of this section and all other applicable Federal
law; and
``(ii) a transportation plan and a transportation
improvement program for the metropolitan planning area have
been approved by the metropolitan planning organization and
the Governor.
``(C) Penalty for failing to certify.--
``(i) Withholding project funds.--If the metropolitan
planning process of a metropolitan planning organization
serving a transportation management area is not certified,
the Secretary may withhold any funds otherwise available to
the metropolitan planning area for projects funded under
title 23 and this chapter.
``(ii) Restoration of withheld funds.--Any funds withheld
under clause (i) shall be restored to the metropolitan
planning area when the metropolitan planning process is
certified by the Secretary.
``(D) Review of certification.--In making a certification
under this paragraph, the Secretary shall provide for public
involvement appropriate to the metropolitan area under
review.
``(l) Abbreviated Plans for Certain Areas.--
``(1) In general.--Subject to paragraph (2), in the case of
a metropolitan area not designated as a transportation
management area under this section, the Secretary may provide
for the development of an abbreviated transportation plan and
transportation improvement program for the metropolitan
planning area that the Secretary determines is appropriate to
achieve the purposes of this section, after considering the
complexity of transportation problems in the area.
``(2) Nonattainment areas.--The Secretary may not permit
abbreviated plans for a metropolitan area that is in
nonattainment for ozone or carbon monoxide under the Clean
Air Act (42 U.S.C. 7401 et seq.).
``(m) Additional Requirements for Certain Nonattainment
Areas.--
``(1) In general.--Notwithstanding any other provisions of
title 23 or this chapter, Federal funds may not be advanced
for transportation management areas classified as
nonattainment for ozone or carbon monoxide pursuant to the
Clean Air Act (42 U.S.C. 7401 et seq.) for any highway
project that will result in a significant increase in
carrying capacity for single-occupant vehicles unless the
project is addressed through a congestion management process.
``(2) Applicability.--This subsection applies to any
nonattainment area within the metropolitan planning area
boundaries determined under subsection (d).
``(n) Limitation on Statutory Construction.--Nothing in
this section shall be construed to confer on a metropolitan
planning organization the authority to impose legal
requirements on any transportation facility, provider, or
project that is not eligible under title 23 or this chapter.
``(o) Availability of Funds.--Funds set aside under section
104(f) of title 23 or section 5308 of this title shall be
available to carry out this section.
``(p) Continuation of Current Review Practice.--Any
decision by the Secretary concerning a plan or program
described in this section shall not be considered to be a
Federal action subject to review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).''.

SEC. 6006. STATEWIDE TRANSPORTATION PLANNING.

Section 5304 is amended to read as follows:

``Sec. 5304. Statewide transportation planning

``(a) General Requirements.--
``(1) Development of plans and programs.--To support the
policies described in section 5301(a), each State shall
develop a statewide transportation plan (referred to in this
section as a ``Plan'') and a statewide transportation
improvement program (referred to in this section as a
``Program'') for all areas of the State subject to section
5303.
``(2) Contents.--The Plan and the Program developed for
each State shall provide for the development and integrated
management and operation of transportation systems and
facilities (including pedestrian walkways and bicycle
transportation facilities) that will function as an
intermodal transportation system for the State and an
integral part of an intermodal transportation system for the
United States.
``(3) Process of development.--The process for developing
the Plan and the Program shall--
``(A) provide for the consideration of all modes of
transportation and the policies described in section 5301(a);
and
``(B) be continuing, cooperative, and comprehensive to the
degree appropriate, based on the complexity of the
transportation problems to be addressed.
``(b) Coordination With Metropolitan Planning; State
Implementation Plan.--Each State shall--
``(1) coordinate planning under this section with--
``(A) the transportation planning activities under section
5303 for metropolitan areas of the State; and
``(B) other related statewide planning activities,
including trade and economic development and related
multistate planning efforts; and
``(2) develop the transportation portion of the State
implementation plan, as required by the Clean Air Act (42
U.S.C. 7401 et seq.).
``(c) Interstate Agreements.--States may enter into
agreements or compacts with other States for cooperative
efforts and mutual assistance in support of activities
authorized under this section related to interstate areas and
localities in the States and establishing authorities the
States consider desirable for making the agreements and
compacts effective.
``(d) Scope of Planning Process.--
``(1) In general.--Each State shall carry out a statewide
transportation planning process that provides for the
consideration of projects, strategies, and implementing
projects and services that will--
``(A) support the economic vitality of the United States,
the States, nonmetropolitan areas, and metropolitan areas,
especially by enabling global competitiveness, productivity,
and efficiency;
``(B) increase the safety of the transportation system for
motorized and nonmotorized users;
``(C) increase the security of the transportation system
for motorized and nonmotorized users;
``(D) increase the accessibility and mobility of people and
freight;
``(E) protect and enhance the environment (including the
protection of habitat, water quality, and agricultural and
forest land, while minimizing invasive species), promote
energy conservation, promote consistency between
transportation improvements and State and local land use
planning and economic development patterns, and improve the
quality of life (including minimizing adverse health effects
from mobile source air pollution and promoting the linkage of
the transportation and development goals of the State);
``(F) enhance the integration and connectivity of the
transportation system, across and between modes throughout
the State, for people and freight;
``(G) promote efficient system management and operation;
and
``(H) emphasize the preservation and efficient use of the
existing transportation system.
``(2) Selection of projects and strategies.--After
soliciting and considering any relevant public comments, the
State shall

[[Page S4327]]

determine which of the projects and strategies described in
paragraph (1) are most appropriate.
``(3) Mitigation activities.--
``(A) In general.--A transportation plan under this
subsection shall include a discussion of--
``(i) types of potential habitat, hydrological, and
environmental mitigation activities that may assist in
compensating for loss of habitat, wetland, and other
environmental functions; and
``(ii) potential areas to carry out these activities,
including a discussion of areas that may have the greatest
potential to restore and maintain the habitat types and
hydrological or environmental functions affected by the plan.
``(B) Consultation.--The discussion described in
subparagraph (A) shall be developed in consultation with
Federal and State tribal wildlife, land management, and
regulatory agencies.
``(4) Failure to consider factors.--The failure to consider
any factor described in paragraph (1) shall not be reviewable
by any court under title 23, this title, subchapter II of
chapter 5 of title 5, or chapter 7 of title 5 in any matter
affecting a Plan, a Program, a project or strategy, or the
certification of a planning process.
``(e) Additional Requirements.--In carrying out planning
under this section, each State shall consider--
``(1) with respect to nonmetropolitan areas, the concerns
of affected local officials with responsibility for
transportation;
``(2) the concerns of Indian tribal governments and Federal
land management agencies that have jurisdiction over land
within the boundaries of the State; and
``(3) coordination of Plans, Programs, and planning
activities with related planning activities being carried out
outside of metropolitan planning areas and between States.
``(f) Statewide Transportation Plan.--
``(1) Development.--Each State shall develop a Plan, with a
minimum 20-year forecast period for all areas of the State,
that provides for the development and implementation of the
intermodal transportation system of the State.
``(2) Consultation with governments.--
``(A) Metropolitan planning areas.--The Plan shall be
developed for each metropolitan planning area in the State in
cooperation with the metropolitan planning organization
designated for the metropolitan planning area under section
5303.
``(B) Nonmetropolitan areas.--With respect to
nonmetropolitan areas, the statewide transportation plan
shall be developed in consultation with affected
nonmetropolitan officials with responsibility for
transportation. The consultation process shall not require
the review or approval of the Secretary.
``(C) Indian tribal areas.--With respect to each area of
the State under the jurisdiction of an Indian tribal
government, the Plan shall be developed in consultation with
the tribal government and the Secretary of the Interior.
``(D) Consultation, comparison, and consideration.--
``(i) In general.--The Plan shall be developed, as
appropriate, in consultation with State and local agencies
responsible for--

``(I) land use management;
``(II) natural resources;
``(III) environmental protection;
``(IV) conservation; and
``(V) historic preservation.

``(ii) Comparison and consideration.--Consultation under
clause (i) shall involve--

``(I) comparison of transportation plans to State
conservation plans or maps, if available;
``(II) comparison of transportation plans to inventories of
natural or historic resources, if available; or
``(III) consideration of areas where wildlife crossing
structures may be needed to ensure connectivity between
wildlife habitat linkage areas.

``(3) Participation by interested parties.--In developing
the Plan, the State shall--
``(A) provide citizens, affected public agencies,
representatives of public transportation employees, freight
shippers, private providers of transportation,
representatives of users of public transportation,
representatives of users of pedestrian walkways and bicycle
transportation facilities, providers of freight
transportation services, and other interested parties with a
reasonable opportunity to comment on the proposed Plan; and
``(B) to the maximum extent practicable--
``(i) hold any public meetings at convenient and accessible
locations and times;
``(ii) employ visualization techniques to describe plans;
and
``(iii) make public information available in electronically
accessible format and means, such as the World Wide Web.
``(4) Mitigation activities.--
``(A) In general.--A Plan shall include a discussion of--
``(i) types of potential habitat, hydrological, and
environmental mitigation activities that may assist in
compensating for loss of habitat, wetlands, and other
environmental functions; and
``(ii) potential areas to carry out these activities,
including a discussion of areas that may have the greatest
potential to restore and maintain the habitat types and
hydrological or environmental functions affected by the plan.
``(B) Consultation.--The discussion described in
subparagraph (A) shall be developed in consultation with
Federal and State tribal wildlife, land management, and
regulatory agencies.
``(5) Transportation strategies.--A Plan shall identify
transportation strategies necessary to efficiently serve the
mobility needs of people.
``(6) Financial plan.--The Plan may include a financial
plan that--
``(A) demonstrates how the adopted Plan can be implemented;
``(B) indicates resources from public and private sources
that are reasonably expected to be made available to carry
out the Plan;
``(C) recommends any additional financing strategies for
needed projects and programs; and
``(D) may include, for illustrative purposes, additional
projects that would be included in the adopted Plan if
reasonable additional resources beyond those identified in
the financial plan were available.
``(7) Selection of projects from illustrative list.--A
State shall not be required to select any project from the
illustrative list of additional projects described in
paragraph (6)(D).
``(8) Existing system.--The Plan should include capital,
operations and management strategies, investments,
procedures, and other measures to ensure the preservation and
most efficient use of the existing transportation system.
``(9) Publication of long-range transportation plans.--Each
Plan prepared by a State shall be published or otherwise made
available, including, to the maximum extent practicable, in
electronically accessible formats and means, such as the
World Wide Web.
``(g) Statewide Transportation Improvement Program.--
``(1) Development.--Each State shall develop a Program for
all areas of the State.
``(2) Consultation with governments.--
``(A) Metropolitan planning areas.--With respect to each
metropolitan planning area in the State, the Program shall be
developed in cooperation with the metropolitan planning
organization designated for the metropolitan planning area
under section 5303.
``(B) Nonmetropolitan areas.--With respect to each
nonmetropolitan area in the State, the Program shall be
developed in consultation with affected nonmetropolitan local
officials with responsibility for transportation. The
consultation process shall not require the review or approval
of the Secretary.
``(C) Indian tribal areas.--With respect to each area of
the State under the jurisdiction of an Indian tribal
government, the Program shall be developed in consultation
with the tribal government and the Secretary of the Interior.
``(3) Participation by interested parties.--In developing
the Program, the State shall provide citizens, affected
public agencies, representatives of public transportation
employees, freight shippers, private providers of
transportation, providers of freight transportation services,
representatives of users of public transit, representatives
of users of pedestrian walkways and bicycle transportation
facilities, and other interested parties with a reasonable
opportunity to comment on the proposed Program.
``(4) Included projects.--
``(A) In general.--A Program developed under this
subsection for a State shall include federally supported
surface transportation expenditures within the boundaries of
the State.
``(B) Listing of projects.--
``(i) In general.--The Program shall cover a minimum of 4
years, identify projects by year, be fiscally constrained by
year, and be updated not less than once every 4 years.
``(ii) Publication.--An annual listing of projects for
which funds have been obligated in the preceding 4 years in
each metropolitan planning area shall be published or
otherwise made available by the cooperative effort of the
State, transit operator, and the metropolitan planning
organization for public review. The listing shall be
consistent with the funding categories identified in each
metropolitan transportation improvement program.
``(C) Individual identification.--
``(i) Regionally significant projects.--Regionally
significant projects proposed for funding under chapter 2 of
title 23 shall be identified individually in the
transportation improvement program.
``(ii) Other projects.--Projects proposed for funding under
chapter 2 of title 23 that are not determined to be
regionally significant shall be grouped in 1 line item or
identified individually.
``(D) Consistency with statewide transportation plan.--Each
project included in the list described in subparagraph (B)
shall be--
``(i) consistent with the Plan developed under this section
for the State;
``(ii) identical to the project or phase of the project as
described in each year of the approved metropolitan
transportation improvement program; and
``(iii) in conformance with the applicable State air
quality implementation plan developed under the Clean Air Act
(42 U.S.C. 7401 et seq.), if the project is carried out in an
area designated as nonattainment for ozone or carbon monoxide
under that Act.
``(E) Requirement of anticipated full funding.--The Program
shall not include a project, or an identified phase of a
project,

[[Page S4328]]

unless full funding can reasonably be anticipated to be
available for the project within the time period contemplated
for completion of the project.
``(F) Financial plan.--The Program may include a financial
plan that--
``(i) demonstrates how the approved Program can be
implemented;
``(ii) indicates resources from public and private sources
that are reasonably expected to be made available to carry
out the Program;
``(iii) recommends any additional financing strategies for
needed projects and programs; and
``(iv) may include, for illustrative purposes, additional
projects that would be included in the adopted transportation
plan if reasonable additional resources beyond those
identified in the financial plan were available.
``(G) Selection of projects from illustrative list.--
``(i) No required selection.--Notwithstanding subparagraph
(F), a State shall not be required to select any project from
the illustrative list of additional projects described in
subparagraph (F)(iv).
``(ii) Required approval by the secretary.--A State shall
not include any project from the illustrative list of
additional projects described in subparagraph (F)(iv) in an
approved Program without the approval of the Secretary.
``(H) Priorities.--The Program shall reflect the priorities
for programming and expenditures of funds, including
transportation and transit enhancement activities, required
by title 23 and this chapter, and transportation control
measures included in the State's air quality implementation
plan.
``(5) Project selection for areas with fewer than 50,000
individuals.--
``(A) In general.--Each State, in cooperation with the
affected nonmetropolitan local officials with responsibility
for transportation, shall select projects to be carried out
in areas with fewer than 50,000 individuals from the approved
Program (excluding projects carried out under the National
Highway System, the bridge program, or the interstate
maintenance program under title 23 or sections 5310 and 5311
of this title).
``(B) Certain programs.--Each State, in consultation with
the affected nonmetropolitan local officials with
responsibility for transportation, shall select, from the
approved Program, projects to be carried out in areas with
fewer than 50,000 individuals under the National Highway
System, the bridge program, or the Interstate maintenance
program under title 23 or under sections 5310 and 5311 of
this title.
``(6) Statewide transportation improvement program
approval.--A Program developed under this subsection shall be
reviewed and based on a current planning finding approved by
the Secretary not less frequently than once every 4 years.
``(7) Planning finding.--Not less frequently than once
every 4 years, the Secretary shall determine whether the
transportation planning process through which Plans and
Programs are developed are consistent with this section and
section 5303.
``(8) Modifications to project priority.--Notwithstanding
any other provision of law, a project included in the
approved Program may be advanced in place of another project
in the program without the approval of the Secretary.
``(h) Funding.--Funds set aside pursuant to section 104(i)
of title 23 and section 5308 of this title shall be available
to carry out this section.
``(i) Treatment of Certain State Laws as Congestion
Management Systems.--For purposes of this section and section
5303, State laws, rules, or regulations pertaining to
congestion management systems or programs may constitute the
congestion management system under section 5303(i)(3) if the
Secretary determines that the State laws, rules, or
regulations are consistent with, and fulfill the intent of,
the purposes of section 5303.
``(j) Continuation of Current Review Practice.--Any
decision by the Secretary under this section, regarding a
metropolitan or statewide transportation plan or the Program,
shall not be considered to be a Federal action subject to
review under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.).''.

SEC. 6007. TRANSPORTATION MANAGEMENT AREAS.

Section 5305 is repealed.

SEC. 6008. PRIVATE ENTERPRISE PARTICIPATION.

Section 5306 is amended--
(1) in subsection (a)--
(A) by striking ``5305 of this title'' and inserting
``5308''; and
(B) by inserting ``, as determined by local policies,
criteria, and decision making,'' after ``feasible'';
(2) in subsection (b) by striking ``5303-5305 of this
title'' and inserting ``5303, 5304, and 5308''; and
(3) by adding at the end the following:
``(c) Regulations.--Not later than 1 year after the date of
enactment of the Federal Public Transportation Act of 2005,
the Secretary shall issue regulations describing how the
requirements under this chapter relating to subsection (a)
shall be enforced.''.

SEC. 6009. URBANIZED AREA FORMULA GRANTS.

(a) Technical Amendments.--Section 5307 is amended--
(1) by striking subsections (h), (j) and (k); and
(2) by redesignating subsections (i), (l), (m), and (n) as
subsections (h), (i), (j), and (k), respectively.
(b) Definitions.--Section 5307(a) is amended--
(1) by amending paragraph (2)(A) to read as follows:
``(A) an entity designated, in accordance with the planning
process under sections 5303, 5304, and 5306, by the chief
executive officer of a State, responsible local officials,
and publicly owned operators of public transportation, to
receive and apportion amounts under section 5336 that are
attributable to transportation management areas designated
under section 5303; or''; and
(2) by adding at the end the following:
``(3) Subrecipient.--The term `subrecipient' means a State
or local governmental authority, a nonprofit organization, or
a private operator of public transportation service that may
receive a Federal transit program grant indirectly through a
recipient, rather than directly from the Federal
Government.''.
(c) General Authority.--Section 5307(b) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) In general.--The Secretary of Transportation may
award grants under this section for--
``(A) capital projects, including associated capital
maintenance items;
``(B) planning, including mobility management;
``(C) transit enhancements;
``(D) operating costs of equipment and facilities for use
in public transportation in an urbanized area with a
population of less than 200,000; and
``(E) operating costs of equipment and facilities for use
in public transportation in a portion or portions of an
urbanized area with a population of at least 200,000, but not
more than 225,000, if--
``(i) the urbanized area includes parts of more than 1
State;
``(ii) the portion of the urbanized area includes only 1
State;
``(iii) the population of the portion of the urbanized area
is less than 30,000; and
``(iv) the grants will not be used to provide public
transportation outside of the portion of the urbanized
area.'';
(2) by amending paragraph (2) to read as follows:
``(2) Special rule for fiscal years 2005 through 2007.--
``(A) Increased flexibility.--The Secretary may award
grants under this section, from funds made available to carry
out this section for each of the fiscal years 2005 through
2007, to finance the operating cost of equipment and
facilities for use in mass transportation in an urbanized
area with a population of at least 200,000, as determined by
the 2000 decennial census of population if--
``(i) the urbanized area had a population of less than
200,000, as determined by the 1990 decennial census of
population;
``(ii) a portion of the urbanized area was a separate
urbanized area with a population of less than 200,000, as
determined by the 1990 decennial census of population;
``(iii) the area was not designated as an urbanized area,
as determined by the 1990 decennial census of population; or
``(iv) a portion of the area was not designated as an
urbanized area, as determined by the 1990 decennial census,
and received assistance under section 5311 in fiscal year
2002.
``(B) Maximum amounts in fiscal year 2005.--In fiscal year
2005--
``(i) amounts made available to any urbanized area under
clause (i) or (ii) of subparagraph (A) shall be not more than
the amount apportioned in fiscal year 2002 to the urbanized
area with a population of less than 200,000, as determined in
the 1990 decennial census of population;
``(ii) amounts made available to any urbanized area under
subparagraph (A)(iii) shall be not more than the amount
apportioned to the urbanized area under this section for
fiscal year 2003; and
``(iii) each portion of any area not designated as an
urbanized area, as determined by the 1990 decennial census,
and eligible to receive funds under subparagraph (A)(iv),
shall receive an amount of funds to carry out this section
that is not less than the amount the portion of the area
received under section 5311 for fiscal year 2002.
``(C) Maximum amounts in fiscal year 2006.--In fiscal year
2006--
``(i) amounts made available to any urbanized area under
clause (i) or (ii) of subparagraph (A) shall be not more than
50 percent of the amount apportioned in fiscal year 2002 to
the urbanized area with a population of less than 200,000, as
determined in the 1990 decennial census of population;
``(ii) amounts made available to any urbanized area under
subparagraph (A)(iii) shall be not more than 50 percent of
the amount apportioned to the urbanized area under this
section for fiscal year 2003; and
``(iii) each portion of any area not designated as an
urbanized area, as determined by the 1990 decennial census,
and eligible to receive funds under subparagraph (A)(iv),
shall receive an amount of funds to carry out this section
that is not less 50 percent of the amount the portion of the
area received under section 5311 for fiscal year 2002.
``(D) Maximum amounts in fiscal year 2007.--In fiscal year
2007--

[[Page S4329]]

``(i) amounts made available to any urbanized area under
clause (i) or (ii) of subparagraph (A) shall be not more than
25 percent of the amount apportioned in fiscal year 2002 to
the urbanized area with a population of less than 200,000, as
determined in the 1990 decennial census of population;
``(ii) amounts made available to any urbanized area under
subparagraph (A)(iii) shall be not more than 25 percent of
the amount apportioned to the urbanized area under this
section for fiscal year 2003; and
``(iii) each portion of any area not designated as an
urbanized area, as determined by the 1990 decennial census,
and eligible to receive funds under subparagraph (A)(iv),
shall receive an amount of funds to carry out this section
that is not less than 25 percent of the amount the portion of
the area received under section 5311 in fiscal year 2002.'';
and
(3) by striking paragraph (4).
(d) Grant Recipient Requirements.--Section 5307(d)(1) is
amended--
(1) in subparagraph (A), by inserting ``, including safety
and security aspects of the program'' after ``program'';
(2) in subparagraph (E), by striking ``section'' and all
that follows and inserting ``section, the recipient will
comply with sections 5323 and 5325;'';
(3) in subparagraph (H), by striking ``sections 5301(a) and
(d), 5303-5306, and 5310(a)-(d) of this title'' and inserting
``subsections (a) and (d) of section 5301 and sections 5303
through 5306'';
(4) in subparagraph (I) by striking ``and'' at the end;
(5) in subparagraph (J), by striking the period at the end
and inserting ``; and''; and
(6) by adding at the end the following:
``(K) if located in an urbanized area with a population of
at least 200,000, will expend not less than 1 percent of the
amount the recipient receives each fiscal year under this
section for transit enhancement activities described in
section 5302(a)(15).''.
(e) Government's Share of Costs.--Section 5307(e) is
amended--
(1) by striking the first sentence and inserting the
following:
``(1) Capital projects.--A grant for a capital project
under this section shall cover 80 percent of the net project
cost.'';
(2) by striking ``A grant for operating expenses'' and
inserting the following:
``(2) Operating expenses.--A grant for operating
expenses'';
(3) by striking the fourth sentence and inserting the
following:
``(3) Remaining costs.--The remainder of the net project
cost shall be provided in cash from non-Federal sources or
revenues derived from the sale of advertising and concessions
and amounts received under a service agreement with a State
or local social service agency or a private social service
organization.''; and
(4) by adding at the end the following: ``The prohibitions
on the use of funds for matching requirements under section
403(a)(5)(C)(vii) of the Social Security Act (42 U.S.C.
603(a)(5)(C)(vii)) shall not apply to the remainder.''.
(f) Undertaking Projects in Advance.--Section 5307(g) is
amended by striking paragraph (4).
(g) Relationship to Other Laws.--Section 5307(k), as
redesignated, is amended to read as follows:
``(k) Relationship to Other Laws.--
``(1) Applicable provisions.--Sections 5301, 5302, 5303,
5304, 5306, 5315(c), 5318, 5319, 5323, 5325, 5327, 5329,
5330, 5331, 5332, 5333 and 5335 apply to this section and to
any grant made under this section.
``(2) Inapplicable provisions.--
``(A) In general.--Except as provided under this section,
no other provision of this chapter applies to this section or
to a grant made under this section.
``(B) Title 5.--The provision of assistance under this
chapter shall not be construed as bringing within the
application of chapter 15 of title 5, any nonsupervisory
employee of a public transportation system (or any other
agency or entity performing related functions) to which such
chapter is otherwise inapplicable.''.

SEC. 6010. PLANNING PROGRAMS.

(a) In General.--Section 5308 is amended to read as
follows:

``Sec. 5308. Planning programs

``(a) Grants Authorized.--Under criteria established by the
Secretary, the Secretary may award grants to States,
authorities of the States, metropolitan planning
organizations, and local governmental authorities, make
agreements with other departments, agencies, or
instrumentalities of the Government, or enter into contracts
with private nonprofit or for-profit entities to--
``(1) develop transportation plans and programs;
``(2) plan, engineer, design, and evaluate a public
transportation project; or
``(3) conduct technical studies relating to public
transportation, including--
``(A) studies related to management, planning, operations,
capital requirements, and economic feasibility;
``(B) evaluations of previously financed projects;
``(C) peer reviews and exchanges of technical data,
information, assistance, and related activities in support of
planning and environmental analyses among metropolitan
planning organizations and other transportation planners; and
``(D) other similar and related activities preliminary to,
and in preparation for, constructing, acquiring, or improving
the operation of facilities and equipment.
``(b) Purpose.--To the extent practicable, the Secretary
shall ensure that amounts appropriated pursuant to section
5338 to carry out this section and sections 5303, 5304, and
5306 are used to support balanced and comprehensive
transportation planning that considers the relationships
among land use and all transportation modes, without regard
to the programmatic source of the planning amounts.
``(c) Metropolitan Planning Program.--
``(1) Allocations to States.--
``(A) In general.--The Secretary shall allocate 80 percent
of the amount made available under subsection (g)(3)(A) to
States to carry out sections 5303 and 5306 in a ratio equal
to the population in urbanized areas in each State, divided
by the total population in urbanized areas in all States, as
shown by the latest available decennial census of population.
``(B) Minimum allocation.--Each State shall receive not
less than 0.5 percent of the total amount allocated under
this paragraph.
``(2) Availability of funds.--A State receiving an
allocation under paragraph (1) shall promptly distribute such
funds to metropolitan planning organizations in the State
under a formula--
``(A) developed by the State in cooperation with the
metropolitan planning organizations;
``(B) approved by the Secretary of Transportation;
``(C) that considers population in urbanized areas; and
``(D) that provides an appropriate distribution for
urbanized areas to carry out the cooperative processes
described in this section.
``(3) Supplemental allocations.--
``(A) In general.--The Secretary shall allocate 20 percent
of the amount made available under subsection (g)(3)(A) to
States to supplement allocations made under paragraph (1) for
metropolitan planning organizations.
``(B) Allocation formula.--Amounts under this paragraph
shall be allocated under a formula that reflects the
additional cost of carrying out planning, programming, and
project selection responsibilities in complex metropolitan
planning areas under sections 5303, 5304, and 5306.
``(d) State Planning and Research Program.--
``(1) In general.--The Secretary shall allocate amounts
made available pursuant to subsection (g)(3)(B) to States for
grants and contracts to carry out sections 5304, 5306, 5315,
and 5322 so that each State receives an amount equal to the
ratio of the population in urbanized areas in that State,
divided by the total population in urbanized areas in all
States, as shown by the latest available decennial census.
``(2) Minimum allocation.--Each State shall receive not
less than 0.5 percent of the amount allocated under this
subsection.
``(3) Reallocation.--A State may authorize part of the
amount made available under this subsection to be used to
supplement amounts available under subsection (c).
``(e) Planning Capacity Building Program.--
``(1) Establishment.--The Secretary shall establish a
Planning Capacity Building Program (referred to in this
subsection as the ``Program'') to support and fund innovative
practices and enhancements in transportation planning.
``(2) Purpose.--The purpose of the Program shall be to
promote activities that support and strengthen the planning
processes required under this section and sections 5303 and
5304.
``(3) Administration.--The Program shall be administered by
the Federal Transit Administration in cooperation with the
Federal Highway Administration.
``(4) Use of funds.--
``(A) In general.--Appropriations authorized under
subsection (g)(1) to carry out this subsection may be used--
``(i) to provide incentive grants to States, metropolitan
planning organizations, and public transportation operators;
and
``(ii) to conduct research, disseminate information, and
provide technical assistance.
``(B) Grants, contracts, cooperative agreements.--In
carrying out the activities described in subparagraph (A),
the Secretary may--
``(i) expend appropriated funds directly; or
``(ii) award grants to, or enter into contracts,
cooperative agreements, and other transactions with, a
Federal agency, State agency, local governmental authority,
association, nonprofit or for-profit entity, or institution
of higher education.
``(f) Government's Share of Costs.--Amounts made available
to carry out subsections (c), (d), and (e) may not exceed 80
percent of the costs of the activity unless the Secretary of
Transportation determines that it is in the interest of the
Government not to require State or local matching funds.
``(g) Allocation of Funds.--Of the amounts made available
under section 5338(b)(2)(B) for fiscal year 2006 and each
fiscal year thereafter to carry out this section--
``(1) $5,000,000 shall be allocated for the Planning
Capacity Building Program established under subsection (e);
``(2) $20,000,000 shall be allocated for grants under
subsection (a)(2) for alternatives analyses required by
section 5309(e)(2)(A); and
``(3) of the remaining amount--

[[Page S4330]]

``(A) 82.72 percent shall be allocated for the metropolitan
planning program described in subsection (d); and
``(B) 17.28 percent shall be allocated to carry out
subsection (b).
``(h) Reallocations.--Any amount allocated under this
section that has not been used 3 years after the end of the
fiscal year in which the amount was allocated shall be
reallocated among the States.''.
(b) Conforming Amendment.--The item relating to section
5308 in the table of sections for chapter 53 is amended to
read as follows:

``5308. Planning programs.''.

SEC. 6011. CAPITAL INVESTMENT PROGRAM.

(a) Section Heading.--The section heading of section 5309
is amended to read as follows:

``Sec. 5309. Capital investment grants''.

(b) General Authority.--Section 5309(a) is amended--
(1) in paragraph (1)--
(A) by striking ``(1) The Secretary of Transportation may
make grants and loans'' and inserting the following:
``(1) Grants authorized.--The Secretary may award grants'';
(B) in subparagraph (A), by striking ``alternatives
analysis related to the development of systems,'';
(C) by striking subparagraphs (B), (C), (D), and (G);
(D) by redesignating subparagraphs (E), (F), and (H) as
subparagraphs (B), (C), and (D), respectively;
(E) in subparagraph (C), as redesignated, by striking the
semicolon at the end and inserting ``, including programs of
bus and bus-related projects for assistance to subrecipients
which are public agencies, private companies engaged in
public transportation, or private nonprofit organizations;
and''; and
(F) in subparagraph (D), as redesignated--
(i) by striking ``to support fixed guideway systems''; and
(ii) by striking ``dedicated bus and high occupancy
vehicle'';
(2) by amending paragraph (2) to read as follows:
``(2) Grantee requirements.--
``(A) Grantee in urbanized area.--The Secretary shall
require that any grants awarded under this section to a
recipient or subrecipient located in an urbanized area shall
be subject to all terms, conditions, requirements, and
provisions that the Secretary determines to be necessary or
appropriate for the purposes of this section, including
requirements for the disposition of net increases in the
value of real property resulting from the project assisted
under this section.
``(B) Grantee not in urbanized area.--The Secretary shall
require that any grants awarded under this section to a
recipient or subrecipient not located in an urbanized area
shall be subject to the same terms, conditions, requirements,
and provisions as a recipient or subrecipient of assistance
under section 5311.
``(C) Subrecipient.--The Secretary shall require that any
private, nonprofit organization that is a subrecipient of a
grant awarded under this section shall be subject to the same
terms, conditions, requirements, and provisions as a
subrecipient of assistance under section 5310.
``(D) Statewide transit provider grantees.--A statewide
transit provider that receives a grant under this section
shall be subject to the terms, conditions, requirements, and
provisions of this section or section 5311, consistent with
the scope and purpose of the grant and the location of the
project.''; and
(3) by adding at the end the following:
``(3) Certification.--An applicant that has submitted the
certifications required under subparagraphs (A), (B), (C),
and (H) of section 5307(d)(1) shall be deemed to have
provided sufficient information upon which the Secretary may
make the findings required under this subsection.''.
(c) Defined Term.--Section 5309(b) is amended to read as
follows:
``(b) Defined Term.--As used in this section, the term
`alternatives analysis' means a study conducted as part of
the transportation planning process required under sections
5303 and 5304, which includes--
``(1) an assessment of a wide range of public
transportation alternatives designed to address a
transportation problem in a corridor or subarea;
``(2) sufficient information to enable the Secretary to
make the findings of project justification and local
financial commitment required under this section;
``(3) the selection of a locally preferred alternative; and
``(4) the adoption of the locally preferred alternative as
part of the long-range transportation plan required under
section 5303.''.
(d) Grant Requirements.--Section 5309(d) is amended to read
as follows:
``(d) Grant Requirements.--The Secretary may not approve a
grant for a project under this section unless the Secretary
determines that--
``(1) the project is part of an approved transportation
plan and program of projects required under sections 5303,
5304, and 5306; and
``(2) the applicant has, or will have--
``(A) the legal, financial, and technical capacity to carry
out the project, including safety and security aspects of the
project;
``(B) satisfactory continuing control over the use of the
equipment or facilities; and
``(C) the capability and willingness to maintain the
equipment or facilities.''.
(e) Major Capital Investment Projects of $75,000,000 or
More.--Section 5309(e) is amended to read as follows:
``(e) Major Capital Investment Projects of $75,000,000 or
More.--
``(1) Full funding grant agreement.--The Secretary shall
enter into a full funding grant agreement, based on the
evaluations and ratings required under this subsection, with
each grantee receiving not less than $75,000,000 under this
subsection for a new fixed guideway capital project that--
``(A) is authorized for final design and construction; and
``(B) has been rated as medium, medium-high, or high, in
accordance with paragraph (5)(B).
``(2) Determinations.--The Secretary may not award a grant
under this subsection for a new fixed guideway capital
project unless the Secretary determines that the proposed
project is--
``(A) based on the results of an alternatives analysis and
preliminary engineering;
``(B) justified based on a comprehensive review of its
mobility improvements, environmental benefits, cost-
effectiveness, operating efficiencies, economic development
effects, and public transportation supportive land use
patterns and policies; and
``(C) supported by an acceptable degree of local financial
commitment, including evidence of stable and dependable
financing sources to construct the project, and maintain and
operate the entire public transportation system, while
ensuring that the extent and quality of existing public
transportation services are not degraded.
``(3) Evaluation of project justification.--In making the
determinations under paragraph (2)(B) for a major capital
investment grant, the Secretary shall analyze, evaluate, and
consider--
``(A) the results of the alternatives analysis and
preliminary engineering for the proposed project;
``(B) the reliability of the forecasts of costs and
utilization made by the recipient and the contractors to the
recipient;
``(C) the direct and indirect costs of relevant
alternatives;
``(D) factors such as--
``(i) congestion relief;
``(ii) improved mobility;
``(iii) air pollution;
``(iv) noise pollution;
``(v) energy consumption; and
``(vi) all associated ancillary and mitigation costs
necessary to carry out each alternative analyzed;
``(E) reductions in local infrastructure costs achieved
through compact land use development and positive impacts on
the capacity, utilization, or longevity of other surface
transportation assets and facilities;
``(F) the cost of suburban sprawl;
``(G) the degree to which the project increases the
mobility of the public transportation dependent population or
promotes economic development;
``(H) population density and current transit ridership in
the transportation corridor;
``(I) the technical capability of the grant recipient to
construct the project;
``(J) any adjustment to the project justification necessary
to reflect differences in local land, construction, and
operating costs; and
``(K) other factors that the Secretary determines to be
appropriate to carry out this chapter.
``(4) Evaluation of local financial commitment.--
``(A) In general.--In evaluating a project under paragraph
(2)(C), the Secretary shall require that--
``(i) the proposed project plan provides for the
availability of contingency amounts that the Secretary
determines to be reasonable to cover unanticipated cost
increases;
``(ii) each proposed local source of capital and operating
financing is stable, reliable, and available within the
proposed project timetable; and
``(iii) local resources are available to recapitalize and
operate the overall proposed public transportation system,
including essential feeder bus and other services necessary
to achieve the projected ridership levels, while ensuring
that the extent and quality of existing public transportation
services are not degraded.
``(B) Evaluation criteria.--In assessing the stability,
reliability, and availability of proposed sources of local
financing under paragraph (2)(C), the Secretary shall
consider--
``(i) the reliability of the forecasts of costs and
utilization made by the recipient and the contractors to the
recipient;
``(ii) existing grant commitments;
``(iii) the degree to which financing sources are dedicated
to the proposed purposes;
``(iv) any debt obligation that exists, or is proposed by
the recipient, for the proposed project or other public
transportation purpose; and
``(v) the extent to which the project has a local financial
commitment that exceeds the required non-Federal share of the
cost of the project, provided that if the Secretary gives
priority to financing projects that include more than the
non-Federal share required under subsection (h), the
Secretary shall give equal consideration to differences in
the fiscal capacity of State and local governments.
``(5) Project advancement and ratings.--
``(A) Project advancement.--A proposed project under this
subsection shall not advance from alternatives analysis to
preliminary engineering or from preliminary engineering to
final design and construction unless the Secretary determines
that the

[[Page S4331]]

project meets the requirements of this section and there is a
reasonable likelihood that the project will continue to meet
such requirements.
``(B) Ratings.--In making a determination under
subparagraph (A), the Secretary shall evaluate and rate the
project on a 5-point scale (high, medium-high, medium,
medium-low, or low) based on the results of the alternatives
analysis, the project justification criteria, and the degree
of local financial commitment, as required under this
subsection. In rating the projects, the Secretary shall
provide, in addition to the overall project rating,
individual ratings for each of the criteria established by
regulation.
``(6) Applicability.--This subsection shall not apply to
projects for which the Secretary has issued a letter of
intent or entered into a full funding grant agreement before
the date of enactment of the Federal Public Transportation
Act of 2005.
``(7) Rulemaking.--Not later than 240 days after the date
of enactment of the Federal Public Transportation Act of
2005, the Secretary shall issue regulations on the manner by
which the Secretary shall evaluate and rate projects based on
the results of alternatives analysis, project justification,
and local financial commitment, in accordance with this
subsection.
``(8) Policy guidance.--
``(A) Publication.--The Secretary shall publish policy
guidance regarding the new starts project review and
evaluation process--
``(i) not later than 120 days after the date of enactment
of the Federal Public Transportation Act of 2005; and
``(ii) each time significant changes are made by the
Secretary to the new starts project review and evaluation
process and criteria, but not less frequently than once every
2 years.
``(B) Public comment and response.--The Secretary shall--
``(i) invite public comment to the policy guidance
published under subparagraph (A); and
``(ii) publish a response to the comments received under
clause (i).''.
(f) Major Capital Investment Projects of Less Than
$75,000,000.-- Section 5309(f) is amended to read as follows:
``(f) Major Capital Investment Projects of Less Than
$75,000,000.--
``(1) Project construction grant agreement.--
``(A) In general.--The Secretary shall enter into a project
construction grant agreement, based on evaluations and
ratings required under this subsection, with each grantee
receiving less than $75,000,000 under this subsection for a
new fixed guideway or corridor improvement capital project
that--
``(i) is authorized by law; and
``(ii) has been rated as medium, medium-high, or high, in
accordance with paragraph (3)(B).
``(B) Contents.--
``(i) In general.--An agreement under this paragraph shall
specify--

``(I) the scope of the project to be constructed;
``(II) the estimated net cost of the project;
``(III) the schedule under which the project shall be
constructed;
``(IV) the maximum amount of funding to be obtained under
this subsection;
``(V) the proposed schedule for obligation of future
Federal grants; and
``(VI) the sources of non-Federal funding.

``(ii) Additional funding.--The agreement may include a
commitment on the part of the Secretary to provide funding
for the project in future fiscal years.
``(C) Full funding grant agreement.--An agreement under
this paragraph shall be considered a full funding grant
agreement for the purposes of subsection (g).
``(2) Selection process.--
``(A) Selection criteria.--The Secretary may not award a
grant under this subsection for a proposed project unless the
Secretary determines that the project is--
``(i) based on the results of planning and alternatives
analysis;
``(ii) justified based on a review of its public
transportation supportive land use policies, cost
effectiveness, and effect on local economic development; and
``(iii) supported by an acceptable degree of local
financial commitment.
``(B) Planning and alternatives.--In evaluating a project
under subparagraph (A)(i), the Secretary shall analyze and
consider the results of planning and alternatives analysis
for the project.
``(C) Project justification.--In making the determinations
under subparagraph (A)(ii), the Secretary shall--
``(i) determine the degree to which local land use policies
are supportive of the public transportation project and the
degree to which the project is likely to achieve local
developmental goals;
``(ii) determine the cost effectiveness of the project at
the time of the initiation of revenue service;
``(iii) determine the degree to which the project will have
a positive effect on local economic development;
``(iv) consider the reliability of the forecasts of costs
and ridership associated with the project; and
``(v) consider other factors that the Secretary determines
to be appropriate to carry out this subsection.
``(D) Local financial commitment.--For purposes of
subparagraph (A)(iii), the Secretary shall require that each
proposed local source of capital and operating financing is
stable, reliable, and available within the proposed project
timetable.
``(3) Advancement of project to development and
construction.--
``(A) In general.--A proposed project under this subsection
may not advance from the planning and alternatives analysis
stage to project development and construction unless--
``(i) the Secretary finds that the project meets the
requirements of this subsection and there is a reasonable
likelihood that the project will continue to meet such
requirements; and
``(ii) the metropolitan planning organization has adopted
the locally preferred alternative for the project into the
long-range transportation plan.
``(B) Evaluation.--In making the findings under
subparagraph (A), the Secretary shall evaluate and rate the
project as high, medium-high, medium, medium-low, or low,
based on the results of the analysis of the project
justification criteria and the degree of local financial
commitment, as required under this subsection.
``(4) Impact report.--
``(A) In general.--Not later than 240 days after the date
of enactment of the Federal Public Transportation Act of
2005, the Federal Transit Administration shall submit a
report on the methodology to be used in evaluating the land
use and economic development impacts of non-fixed guideway or
partial fixed guideway projects to--
``(i) the Committee on Banking, Housing, and Urban Affairs
of the Senate; and
``(ii) the Committee on Transportation and Infrastructure
of the House of Representatives.
``(B) Contents.--The report submitted under subparagraph
(A) shall address any qualitative and quantitative
differences between fixed guideway and non-fixed guideway
projects with respect to land use and economic development
impacts.
``(5) Regulations.--Not later than 120 days after the date
of enactment of the Federal Public Transportation Act of
2005, the Secretary shall issue regulations establishing an
evaluation and rating process for proposed projects under
this subsection that is based on the results of project
justification and local financial commitment, as required
under this subsection.''.
(g) Full Funding Grant Agreements.--Section 5309(g)(2) is
amended by adding at the end the following:
``(C) Before and after study.--
``(i) In general.--Each full funding grant agreement shall
require the applicant to conduct a study that--
``(I) describes and analyzes the impacts of the new start
project on transit services and transit ridership;
``(II) evaluates the consistency of predicted and actual
project characteristics and performance; and
``(III) identifies sources of differences between predicted
and actual outcomes.
``(ii) Information collection and analysis plan.--
``(I) Submission of plan.--Applicants seeking a full
funding grant agreement shall submit a complete plan for the
collection and analysis of information to identify the
impacts of the new start project and the accuracy of the
forecasts prepared during the development of the project.
Preparation of this plan shall be included in the full
funding grant agreement as an eligible activity.
``(II) Contents of plan.--The plan submitted under
subclause (I) shall provide for--
``(aa) the collection of data on the current transit system
regarding transit service levels and ridership patterns,
including origins and destinations, access modes, trip
purposes, and rider characteristics;
``(bb) documentation of the predicted scope, service
levels, capital costs, operating costs, and ridership of the
project;
``(cc) collection of data on the transit system 2 years
after the opening of the new start project, including
analogous information on transit service levels and ridership
patterns and information on the as-built scope and capital
costs of the new start project; and
``(dd) analysis of the consistency of predicted project
characteristics with the after data.
``(D) Collection of data on current system.--To be eligible
for a full funding grant agreement, recipients shall have
collected data on the current system, according to the plan
required, before the beginning of construction of the
proposed new start project. Collection of this data shall be
included in the full funding grant agreement as an eligible
activity.
``(E) Public private partnership pilot program.--
``(i) Authorization.--The Secretary may establish a pilot
program to demonstrate the advantages of public-private
partnerships for certain fixed guideway systems development
projects.
``(ii) Identification of qualified projects.--The Secretary
shall identify qualified public-private partnership projects
as permitted by applicable State and local enabling laws and
work with project sponsors to enhance project delivery and
reduce overall costs.''.
(h) Government Share of Net Project Cost.--Section 5309(h)
is amended to read as follows:
``(h) Government Share of Adjusted Net Project Cost.--
``(1) In general.--The Secretary shall estimate the net
project cost based on engineering studies, studies of
economic feasibility,

[[Page S4332]]

and information on the expected use of equipment or
facilities.
``(2) Adjustment for completion under budget.--The
Secretary may adjust the final net project cost of a major
capital investment project evaluated under subsections (e)
and (f) to include the cost of eligible activities not
included in the originally defined project if the Secretary
determines that the originally defined project has been
completed at a cost that is significantly below the original
estimate.
``(3) Maximum government share.--
``(A) In general.--A grant for the project shall be for 80
percent of the net project cost, or the net project cost as
adjusted under paragraph (2), unless the grant recipient
requests a lower grant percentage.
``(B) Exceptions.--The Secretary may provide a higher grant
percentage than requested by the grant recipient if--
``(i) the Secretary determines that the net project cost of
the project is not more than 10 percent higher than the net
project cost estimated at the time the project was approved
for advancement into preliminary engineering; and
``(ii) the ridership estimated for the project is not less
than 90 percent of the ridership estimated for the project at
the time the project was approved for advancement into
preliminary engineering.
``(4) Other sources.--The costs not funded by a grant under
this section may be funded from--
``(A) an undistributed cash surplus;
``(B) a replacement or depreciation cash fund or reserve;
or
``(C) new capital, including any Federal funds that are
eligible to be expended for transportation.
``(5) Planned extension to fixed guideway system.--In
addition to amounts allowed under paragraph (1), a planned
extension to a fixed guideway system may include the cost of
rolling stock previously purchased if the Secretary
determines that only non-Federal funds were used and that the
purchase was made for use on the extension. A refund or
reduction of the costs not funded by a grant under this
section may be made only if a refund of a proportional amount
of the grant is made at the same time.
``(6) Exception.--The prohibitions on the use of funds for
matching requirements under section 403(a)(5)(C)(vii) of the
Social Security Act (42 U.S.C. 603(a)(5)(C)(vii)) shall not
apply to amounts allowed under paragraph (4).''.
(i) Loan Provisions and Fiscal Capacity Considerations.--
Section 5309 is amended--
(1) by striking subsections (i), (j), (k), and (l);
(2) by redesignating subsections (m) and (n) as subsections
(i) and (j), respectively;
(3) by striking subsection (o) (as added by section 3009(i)
of the Federal Transit Act of 1998); and
(4) by redesignating subsections (o) and (p) as subsections
(k) and (l), respectively.
(j) Allocating Amounts.--Section 5309(i), as redesignated,
is amended to read as follows:
``(i) Allocating Amounts.--
``(1) Fiscal year 2005.--Of the amounts made available or
appropriated for fiscal year 2005 under section 5338(a)(3)--
``(A) $1,437,829,600 shall be allocated for projects of not
less than $75,000,000 for major capital projects for new
fixed guideway systems and extensions of such systems under
subsection (e) and projects for new fixed guideway or
corridor improvement capital projects under subsection (f);
``(B) $1,204,684,800 shall be allocated for capital
projects for fixed guideway modernization; and
``(C) $669,600,000 shall be allocated for capital projects
for buses and bus-related equipment and facilities.
``(2) In general.--Of the amounts made available or
appropriated for fiscal year 2006 and each fiscal year
thereafter for grants under this section pursuant to
subsections (b)(4) and (c) of section 5338--
``(A) the amounts appropriated under section 5338(c) shall
be allocated for major capital projects for--
``(i) new fixed guideway systems and extensions of not less
than $75,000,000, in accordance with subsection (e); and
``(ii) projects for new fixed guideway or corridor
improvement capital projects, in accordance with subsection
(f); and
``(B) the amounts made available under section 5338(b)(4)
shall be allocated for capital projects for buses and bus-
related equipment and facilities.
``(3) Fixed guideway modernization.--The amounts made
available for fixed guideway modernization under section
5338(b)(2)(K) for fiscal year 2006 and each fiscal year
thereafter shall be allocated in accordance with section
5337.
``(4) Preliminary engineering.--Not more that 8 percent of
the allocation described in paragraphs (1)(A) and (2)(A) may
be expended on preliminary engineering.
``(5) Funding for ferry boats.--Of the amounts described in
paragraphs (1)(A) and (2)(A), $10,400,000 shall be available
in each of the fiscal years 2005 through 2009 for capital
projects in Alaska and Hawaii for new fixed guideway systems
and extension projects utilizing ferry boats, ferry boat
terminals, or approaches to ferry boat terminals.
``(6) Bus and bus facility grants.--
``(A) Considerations.--In making grants under paragraphs
(1)(C) and (2)(B), the Secretary shall consider the age and
condition of buses, bus fleets, related equipment, and bus-
related facilities.
``(B) Projects not in urbanized areas.--Of the amounts made
available under paragraphs (1)(C) and (2)(B), not less than
5.5 percent shall be available in each fiscal year for
projects that are not in urbanized areas.
``(C) Intermodal terminals.--Of the amounts made available
under paragraphs (1)(C) and (2)(B), not less than $75,000,000
shall be available in each fiscal year for intermodal
terminal projects, including the intercity bus portion of
such projects.''.
(k) Reports.--Section 5309 is amended by inserting at the
end the following:
``(m) Reports.--
``(1) Annual report on funding recommendations.--
``(A) In general.--Not later than the first Monday of
February of each year, the Secretary shall submit a report on
funding recommendations to--
``(i) the Committee on Transportation and Infrastructure of
the House of Representatives;
``(ii) the Committee on Banking, Housing, and Urban Affairs
of the Senate;
``(iii) the Subcommittee on the Departments of
Transportation, Treasury, Housing and Urban Development, The
Judiciary, District of Columbia, and Independent Agencies of
the Committee on Appropriations of the House of
Representatives; and
``(iv) the Subcommittee on Transportation, Treasury, and
General Government of the Committee on Appropriations of the
Senate.
``(B) Contents.--The report submitted under subparagraph
(A) shall contain--
``(i) a proposal on the allocation of amounts to finance
grants for capital investment projects among grant
applicants;
``(ii) a recommendation of projects to be funded based on--

``(I) the evaluations and ratings determined under
subsection (e) and (f); and
``(II) existing commitments and anticipated funding levels
for the subsequent 3 fiscal years; and

``(iii) detailed ratings and evaluations on each project
recommended for funding.
``(2) Triannual reports on project ratings.--
``(A) In general.--Not later than the first Monday of
February, the first Monday of June, and the first Monday of
October of each year, the Secretary shall submit a report on
project ratings to--
``(i) the Committee on Transportation and Infrastructure of
the House of Representatives;
``(ii) the Committee on Banking, Housing, and Urban Affairs
of the Senate;
``(iii) the Subcommittee on the Departments of
Transportation, Treasury, Housing and Urban Development, The
Judiciary, District of Columbia, and Independent Agencies of
the Committee on Appropriations of the House of
Representatives; and
``(iv) the Subcommittee on Transportation, Treasury, and
General Government of the Committee on Appropriations of the
Senate.
``(B) Contents.--Each report submitted under subparagraph
(A) shall contain--
``(i) a summary of the ratings of all capital investment
projects for which funding was requested under this section;
``(ii) detailed ratings and evaluations on the project of
each applicant that had significant changes to the finance or
project proposal or has completed alternatives analysis or
preliminary engineering since the date of the latest report;
and
``(iii) all relevant information supporting the evaluation
and rating of each updated project, including a summary of
the financial plan of each updated project.
``(3) Before and after study reports.--Not later than the
first Monday of August of each year, the Secretary shall
submit a report containing a summary of the results of the
studies conducted under subsection (g)(2) to--
``(A) the Committee on Transportation and Infrastructure of
the House of Representatives;
``(B) the Committee on Banking, Housing, and Urban Affairs
of the Senate;
``(C) the Subcommittee on the Departments of
Transportation, Treasury, Housing and Urban Development, The
Judiciary, District of Columbia, and Independent Agencies of
the Committee on Appropriations of the House of
Representatives; and
``(D) the Subcommittee on Transportation, Treasury, and
General Government of the Committee on Appropriations of the
Senate.
``(4) Contractor performance assessment report.--
``(A) In general.--Not later than 180 days after the
enactment of the Federal Public Transportation Act of 2005,
and each year thereafter, the Secretary shall submit a report
analyzing the consistency and accuracy of cost and ridership
estimates made by each contractor to public transportation
agencies developing major investment projects to the
committees and subcommittees listed under paragraph (3).
``(B) Contents.--The report submitted under subparagraph
(A) shall compare the cost and ridership estimates made at
the time projects are approved for entrance into preliminary
engineering with--
``(i) estimates made at the time projects are approved for
entrance into final design;
``(ii) costs and ridership when the project commences
revenue operation; and
``(iii) costs and ridership when the project has been in
operation for 2 years.
``(5) Annual government accountability office review.--
``(A) Review.--The Comptroller General of the United States
shall conduct an annual

[[Page S4333]]

review of the processes and procedures for evaluating and
rating projects and recommending projects and the Secretary's
implementation of such processes and procedures.
``(B) Report.--Not later than 90 days after the submission
of each report required under paragraph (1), the Comptroller
General shall submit a report to Congress that summarizes the
results of the review conducted under subparagraph (A).
``(6) Contractor performance incentive report.--Not later
than 180 days after the enactment of the Federal Public
Transportation Act of 2005, the Secretary shall submit a
report to the committees and subcommittees listed under
paragraph (3) on the suitability of allowing contractors to
public transportation agencies that undertake major capital
investments under this section to receive performance
incentive awards if a project is completed for less than the
original estimated cost.''.
(l) Restrictions on Use of Bus Category Funds for Fixed
Guideway Projects.--Funds provided to grantees under the bus
and bus facility category for fixed guideway ferry and
gondola projects in the Department of Transportation and
Related Agencies Appropriations Acts for any of fiscal years
1998 through 2005, or accompanying committee reports, that
remain available and unobligated may be used for fixed
guideway projects under this section.

SEC. 6012. NEW FREEDOM FOR ELDERLY PERSONS AND PERSONS WITH
DISABILITIES.

(a) In General.--Section 5310 is amended to read as
follows:

``Sec. 5310. New freedom for elderly persons and persons with
disabilities

``(a) General Authority.--
``(1) Authorization.--The Secretary may award grants to a
State for capital public transportation projects that are
planned, designed, and carried out to meet the needs of
elderly individuals and individuals with disabilities, with
priority given to the needs of these individuals to access
necessary health care.
``(2) Acquisition of public transportation services.--A
capital public transportation project under this section may
include acquiring public transportation services as an
eligible capital expense.
``(3) Administrative costs.--A State may use not more than
15 percent of the amounts received under this section to
administer, plan, and provide technical assistance for a
project funded under this section.
``(b) Allotments Among States.--
``(1) In general.--From amounts made available or
appropriated in each fiscal year under subsections
(a)(1)(C)(iv) and (b)(2)(D) of section 5338 for grants under
this section, the Secretary shall allot amounts to each State
under a formula based on the number of elderly individuals
and individuals with disabilities in each State.
``(2) Transfer of funds.--Any funds allotted to a State
under paragraph (1) may be transferred by the State to the
apportionments made under sections 5311(c) and 5336 if such
funds are only used for eligible projects selected under this
section.
``(3) Reallocation of funds.--A State receiving a grant
under this section may reallocate such grant funds to--
``(A) a private nonprofit organization;
``(B) a public transportation agency or authority; or
``(C) a governmental authority that--
``(i) has been approved by the State to coordinate services
for elderly individuals and individuals with disabilities;
``(ii) certifies that nonprofit organizations are not
readily available in the area that can provide the services
described under this subsection; or
``(iii) will provide services to persons with disabilities
that exceed those services required by the Americans with
Disabilities Act.
``(c) Government Share.--
``(1) Maximum.--
``(A) In general.--A grant for a capital project under this
section may not exceed 80 percent of the net capital costs of
the project, as determined by the Secretary.
``(B) Exception.--A State described in section 120(d) of
title 23 shall receive an increased Government share in
accordance with the formula under that section.
``(2) Remaining costs.--The costs of a capital project
under this section that are not funded through a grant under
this section--
``(A) may be funded from an undistributed cash surplus, a
replacement or depreciation cash fund or reserve, a service
agreement with a State or local social service agency or a
private social service organization, or new capital; and
``(B) may be derived from amounts appropriated to or made
available to any Federal agency (other than the Department of
Transportation, except for Federal Lands Highway funds) that
are eligible to be expended for transportation.
``(3) Exception.--For purposes of paragraph (2), the
prohibitions on the use of funds for matching requirements
under section 403(a)(5)(C)(vii) of the Social Security Act
(42 U.S.C. 603(a)(5)(C)(vii)) shall not apply to Federal or
State funds to be used for transportation purposes.
``(d) Grant Requirements.--
``(1) In general.--A grant recipient under this section
shall be subject to the requirements of a grant recipient
under section 5307 to the extent the Secretary determines to
be appropriate.
``(2) Certification requirements.--
``(A) Fund transfers.--A grant recipient under this section
that transfers funds to a project funded under section 5336
in accordance with subsection (b)(2) shall certify that the
project for which the funds are requested has been
coordinated with private nonprofit providers of services
under this section.
``(B) Project selection and plan development.--Each grant
recipient under this section shall certify that--
``(i) the projects selected were derived from a locally
developed, coordinated public transit-human services
transportation plan; and
``(ii) the plan was developed through a process that
included representatives of public, private, and nonprofit
transportation and human services providers and participation
by the public.
``(C) Allocations to subrecipients.--Each grant recipient
under this section shall certify that allocations of the
grant to subrecipients, if any, are distributed on a fair and
equitable basis.
``(e) State Program of Projects.--
``(1) Submission to secretary.--Each State shall annually
submit a program of transportation projects to the Secretary
for approval with an assurance that the program provides for
maximum feasible coordination between transportation services
funded under this section and transportation services
assisted by other Federal sources.
``(2) Use of funds.--Each State may use amounts made
available to carry out this section to provide transportation
services for elderly individuals and individuals with
disabilities if such services are included in an approved
State program of projects.
``(f) Leasing Vehicles.--Vehicles acquired under this
section may be leased to local governmental authorities to
improve transportation services designed to meet the needs of
elderly individuals and individuals with disabilities.
``(g) Meal Delivery for Homebound Individuals.--Public
transportation service providers receiving assistance under
this section or section 5311(c) may coordinate and assist in
regularly providing meal delivery service for homebound
individuals if the delivery service does not conflict with
providing public transportation service or reduce service to
public transportation passengers.
``(h) Transfers of Facilities and Equipment.--With the
consent of the recipient in possession of a facility or
equipment acquired with a grant under this section, a State
may transfer the facility or equipment to any recipient
eligible to receive assistance under this chapter if the
facility or equipment will continue to be used as required
under this section.
``(i) Fares Not Required.--This section does not require
that elderly individuals and individuals with disabilities be
charged a fare.''.
(b) Conforming Amendment.--The item relating to section
5310 in the table of sections for chapter 53 is amended to
read as follows:

``5310. New freedom for elderly persons and persons with
disabilities.''.

SEC. 6013. FORMULA GRANTS FOR OTHER THAN URBANIZED AREAS.

(a) Definitions.--Section 5311(a) is amended to read as
follows:
``(a) Definitions.--As used in this section, the following
definitions shall apply:
``(1) Recipient.--The term `recipient' means a State or
Indian tribe that receives a Federal transit program grant
directly from the Federal Government.
``(2) Subrecipient.--The term `subrecipient' means a State
or local governmental authority, a nonprofit organization, or
a private operator of public transportation or intercity bus
service that receives Federal transit program grant funds
indirectly through a recipient.''.
(b) General Authority.--Section 5311(b) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) Grants authorized.--Except as provided under
paragraph (2), the Secretary may award grants under this
section to recipients located in areas other than urbanized
areas for--
``(A) public transportation capital projects;
``(B) operating costs of equipment and facilities for use
in public transportation; and
``(C) the acquisition of public transportation services.'';
(2) by redesignating paragraph (2) as paragraph (3);
(3) by inserting after paragraph (1) the following:
``(2) State program.--
``(A) In general.--A project eligible for a grant under
this section shall be included in a State program for public
transportation service projects, including agreements with
private providers of public transportation service.
``(B) Submission to secretary.--Each State shall annually
submit the program described in subparagraph (A) to the
Secretary.
``(C) Approval.--The Secretary may not approve the program
unless the Secretary determines that--
``(i) the program provides a fair distribution of amounts
in the State; and
``(ii) the program provides the maximum feasible
coordination of public transportation service assisted under
this section with transportation service assisted by other
Federal sources.'';
(4) in paragraph (3), as redesignated--
(A) by striking ``(3) The Secretary of Transportation'' and
inserting the following:
``(3) Rural transportation assistance program.--

[[Page S4334]]

``(A) Establishment.--The Secretary'';
(B) by striking ``make'' and inserting ``use not more than
2 percent of the amount made available to carry out this
section to award''; and
(C) by adding at the end the following:
``(B) Data Collection.--
``(i) Report.--Each grantee under this section shall submit
an annual report to the Secretary containing information on
capital investment, operations, and service provided with
funds received under this section, including--

``(I) total annual revenue;
``(II) sources of revenue;
``(III) total annual operating costs;
``(IV) total annual capital costs;
``(V) fleet size and type, and related facilities;
``(VI) revenue vehicle miles; and
``(VII) ridership.''; and

(5) by adding after paragraph (3) the following:
``(4) Of the amount made available to carry out paragraph
(3)--
``(A) not more than 15 percent may be used to carry out
projects of a national scope; and
``(B) any amounts not used under subparagraph (A) shall be
allocated to the States.''.
(c) Apportionments.--Section 5311(c) is amended to read as
follows:
``(c) Apportionments.--
``(1) Public transportation on indian reservations.--Of the
amounts made available or appropriated for each fiscal year
pursuant to subsections (a)(1)(C)(v) and (b)(2)(F) of section
5338, the following amounts shall be apportioned for grants
to Indian tribes for any purpose eligible under this section,
under such terms and conditions as may be established by the
Secretary:
``(A) $8,000,000 for fiscal year 2006.
``(B) $10,000,000 for fiscal year 2007.
``(C) $12,000,000 for fiscal year 2008.
``(D) $15,000,000 for fiscal year 2009.
``(2) Remaining amounts.--Of the amounts made available or
appropriated for each fiscal year pursuant to subsections
(a)(1)(C)(v) and (b)(2)(F) of section 5338 that are not
apportioned under paragraph (1)--
``(A) 20 percent shall be apportioned to the States in
accordance with paragraph (3); and
``(B) 80 percent shall be apportioned to the States in
accordance with paragraph (4).
``(3) Apportionments based on land area in nonurbanized
areas.--
``(A) In general.--Subject to subparagraph (B), each State
shall receive an amount that is equal to the amount
apportioned under paragraph (2)(A) multiplied by the ratio of
the land area in areas other than urbanized areas in that
State and divided by the land area in all areas other than
urbanized areas in the United States, as shown by the most
recent decennial census of population.
``(B) Maximum apportionment.--No State shall receive more
than 5 percent of the amount apportioned under this
paragraph.
``(4) Apportionments based on population in nonurbanized
areas.--Each State shall receive an amount equal to the
amount apportioned under paragraph (2)(B) multiplied by the
ratio of the population of areas other than urbanized areas
in that State divided by the population of all areas other
than urbanized areas in the United States, as shown by the
most recent decennial census of population.''.
(d) Use for Administrative, Planning, and Technical
Assistance.--Section 5311(e) is amended--
(1) by striking ``and Technical Assistance.--(1) The
Secretary of Transportation'' and inserting ``, Planning, and
Technical Assistance.--The Secretary'';
(2) by striking ``to a recipient''; and
(3) by striking paragraph (2).
(e) Intercity Bus Transportation.--Section 5311(f) is
amended--
(1) in paragraph (1)--
(A) by striking ``(1)'' and inserting the following:
``(1) In general.--''; and
(B) by striking ``after September 30, 1993,''; and
(2) in paragraph (2)--
(A) by striking ``A State'' and inserting ``After
consultation with affected intercity bus service providers, a
State''; and
(B) by striking ``of Transportation''.
(f) Government Share of Costs.--Section 5311(g) is amended
to read as follows:
``(g) Government Share of Costs.--
``(1) Maximum government share.--
``(A) Capital projects.--
``(i) In general.--Except as provided under clause (ii), a
grant awarded under this section for any purpose other than
operating assistance may not exceed 80 percent of the net
capital costs of the project, as determined by the Secretary.
``(ii) Exception.--A State described in section 120(d) of
title 23 shall receive a Government share of the net capital
costs in accordance with the formula under that section.
``(B) Operating assistance.--
``(i) In general.--Except as provided under clause (ii), a
grant made under this section for operating assistance may
not exceed 50 percent of the net operating costs of the
project, as determined by the Secretary.
``(ii) Exception.--A State described in section 120(d) of
title 23 shall receive a Government share of the net
operating costs equal to 62.5 percent of the Government share
provided for under subparagraph (A)(ii).
``(2) Other funding sources.--Funds for a project under
this section that are not provided for by a grant under this
section--
``(A) may be provided from--
``(i) an undistributed cash surplus;
``(ii) a replacement or depreciation cash fund or reserve;
``(iii) a service agreement with a State or local social
service agency or a private social service organization; or
``(iv) new capital; and
``(B) may be derived from amounts appropriated to or made
available to a Government agency (other than the Department
of Transportation, except for Federal Land Highway funds)
that are eligible to be expended for transportation.
``(3) Use of government grant.--A State carrying out a
program of operating assistance under this section may not
limit the level or extent of use of the Government grant for
the payment of operating expenses.
``(4) Exception.--For purposes of paragraph (2)(B), the
prohibitions on the use of funds for matching requirements
under section 403(a)(5)(c)(vii) of the Social Security Act
(42 U.S.C. 603(a)(5)(c)(vii)) shall not apply to Federal or
State funds to be used for transportation purposes.''.
(g) Waiver Condition.--Section 5311(j)(1) is amended by
striking ``but the Secretary of Labor may waive the
application of section 5333(b)'' and inserting ``if the
Secretary of Labor utilizes a Special Warranty that provides
a fair and equitable arrangement to protect the interests of
employees''.

SEC. 6014. RESEARCH, DEVELOPMENT, DEMONSTRATION, AND
DEPLOYMENT PROJECTS.

(a) In General.--Section 5312 is amended--
(1) by amending subsection (a) to read as follows:
``(a) Research, Development, and Demonstration Projects.--
``(1) In general.--The Secretary may make grants,
contracts, cooperative agreements, or other transactions
(including agreements with departments, agencies, and
instrumentalities of the United States Government) for
research, development, demonstration or deployment projects,
or evaluation of technology of national significance to
public transportation that the Secretary determines will
improve public transportation service or help public
transportation service meet the total transportation needs at
a minimum cost.
``(2) Information.--The Secretary may request and receive
appropriate information from any source.
``(3) Savings provision.--This subsection does not limit
the authority of the Secretary under any other law.'';
(2) by striking subsections (b) and (c);
(3) by redesignating subsections (d) and (e) as (b) and
(c), respectively.
(4) in subsection (b)(2), as redesignated, by striking
``other agreements'' and inserting ``other transactions'';
and
(5) in subsection (c)(2), as redesignated, by striking
``public and private'' and inserting ``public or private''.
(b) Conforming Amendments.--
(1) Section heading.--The heading of section 5312 is
amended to read as follows:

``Sec. 5312. Research, development, demonstration, and
deployment projects''.

(2) Table of sections.--The item relating to section 5312
in the table of sections for chapter 53 is amended to read as
follows:

``5312. Research, development, demonstration, and deployment
projects.''.

SEC. 6015. TRANSIT COOPERATIVE RESEARCH PROGRAM.

(a) In General.--Section 5313 is amended--
(1) by striking subsection (b);
(2) in subsection (a)--
(A) in paragraph (1), by striking ``(1) The amounts made
available under paragraphs (1) and (2)C)(ii) of section
5338(c) of this title'' and inserting ``The amounts made
available under subsections (a)(5)(C)(iii) and (b)(2)(G)(i)
of section 5338''; and
(B) in paragraph (2), by striking ``(2)'' and inserting the
following:
``(b) Government Assistance.--''; and
(3) by amending subsection (c) to read as follows:
``(c) Government Share.--If there would be a clear and
direct financial benefit to an entity under a grant or
contract financed under this section, the Secretary shall
establish a Government share consistent with such benefit.''.
(b) Conforming Amendments.--
(1) Section heading.--The heading of section 5313 is
amended to read as follows:

``Sec. 5313. Transit cooperative research program''.

(2) Table of sections.--The item relating to section 5313
in the table of sections for chapter 53 is amended to read as
follows:

``5313. Transit cooperative research program.''.

SEC. 6016. NATIONAL RESEARCH PROGRAMS.

(a) In General.--Section 5314 is amended--
(1) in subsection (a)--
(A) by amending paragraph (1) to read as follows:
``(1) Availability of funds.--The Secretary may use amounts
made available under subsections (a)(5)(C)(iv) and
(b)(2)(G)(iv) of section 5338 for grants, contracts,
cooperative agreements, or other transactions for the
purposes described in sections 5312, 5315, and 5322.'';
(B) in paragraph (2), by striking ``(2) Of'' and inserting
the following:
``(2) ADA compliance.--From'';
(C) by amending paragraph (3) to read as follows:
``(3) Special demonstration initiatives.--The Secretary may
use not more than 25 percent of the amounts made available
under

[[Page S4335]]

paragraph (1) for special demonstration initiatives, subject
to terms that the Secretary determines to be consistent with
this chapter. For a nonrenewable grant of not more than
$100,000, the Secretary shall provide expedited procedures
for complying with the requirements of this chapter.'';
(D) in paragraph (4)--
(i) by striking subparagraph (B); and
(ii) by redesignating subparagraph (C) as subparagraph (B);
and
(E) by adding at the end the following:
``(6) Medical transportation demonstration grants.--
``(A) Grants authorized.--The Secretary may award
demonstration grants, from funds made available under
paragraph (1), to eligible entities to provide transportation
services to individuals to access dialysis treatments and
other medical treatments for renal disease.
``(B) Eligible entities.--An entity shall be eligible to
receive a grant under this paragraph if the entity--
``(i) meets the conditions described in section 501(c)(3)
of the Internal Revenue Code of 1986; or
``(ii) is an agency of a State or unit of local government.
``(C) Use of funds.--Grant funds received under this
paragraph may be used to provide transportation services to
individuals to access dialysis treatments and other medical
treatments for renal disease.
``(D) Application.--
``(i) In general.--Each eligible entity desiring a grant
under this paragraph shall submit an application to the
Secretary at such time, at such place, and containing such
information as the Secretary may reasonably require.
``(ii) Selection of grantees.--In awarding grants under
this paragraph, the Secretary shall give preference to
eligible entities from communities with--

``(I) high incidence of renal disease; and
``(II) limited access to dialysis facilities.

``(E) Rulemaking.--The Secretary shall issue regulations to
implement and administer the grant program established under
this paragraph.
``(F) Report.--The Secretary shall submit a report on the
results of the demonstration projects funded under this
paragraph to the Committee on Banking, Housing, and Urban
Affairs of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives.''; and
(2) by amending subsection (b) to read as follows:
``(b) Government Share.--If there would be a clear and
direct financial benefit to an entity under a grant,
contract, cooperative agreement, or other transaction
financed under subsection (a) or section 5312, 5313, 5315, or
5322, the Secretary shall establish a Government share
consistent with such benefit.''.
(c) National Technical Assistance Center for Senior
Transportation; Alternative Fuels Study.--Section 5314 is
amended by adding at the end the following:
``(c) National Technical Assistance Center for Senior
Transportation.--
``(1) Establishment.--The Secretary shall award grants to a
national not-for-profit organization for the establishment
and maintenance of a national technical assistance center.
``(2) Eligibility.--An organization shall be eligible to
receive the grant under paragraph (1) if the organization--
``(A) focuses significantly on serving the needs of the
elderly;
``(B) has demonstrated knowledge and expertise in senior
transportation policy and planning issues;
``(C) has affiliates in a majority of the States;
``(D) has the capacity to convene local groups to consult
on operation and development of senior transportation
programs; and
``(E) has established close working relationships with the
Federal Transit Administration and the Administration on
Aging.
``(3) Use of funds.--The national technical assistance
center established under this section shall--
``(A) gather best practices from throughout the country and
provide such practices to local communities that are
implementing senior transportation programs;
``(B) work with teams from local communities to identify
how they are successfully meeting the transportation needs of
senior and any gaps in services in order to create a plan for
an integrated senior transportation program;
``(C) provide resources on ways to pay for senior
transportation services;
``(D) create a web site to publicize and circulate
information on senior transportation programs;
``(E) establish a clearinghouse for print, video, and audio
resources on senior mobility; and
``(F) administer the demonstration grant program
established under paragraph (4).
``(4) Grants authorized.--
``(A) In general.--The national technical assistance center
established under this section, in consultation with the
Federal Transit Administration, shall award senior
transportation demonstration grants to--
``(i) local transportation organizations;
``(ii) State agencies;
``(iii) units of local government; and
``(iv) nonprofit organizations.
``(B) Use of funds.--Grant funds received under this
paragraph may be used to--
``(i) evaluate the state of transportation services for
senior citizens;
``(ii) recognize barriers to mobility that senior citizens
encounter in their communities;
``(iii) establish partnerships and promote coordination
among community stakeholders, including public, not-for-
profit, and for-profit providers of transportation services
for senior citizens;
``(iv) identify future transportation needs of senior
citizens within local communities; and
``(v) establish strategies to meet the unique needs of
healthy and frail senior citizens.
``(C) Selection of grantees.--The Secretary shall select
grantees under this subsection based on a fair representation
of various geographical locations throughout the United
States.
``(5) Allocations.--From the funds made available for each
fiscal year under subsections (a)(5)(C)(iv) and (b)(2)(G)(iv)
of section 5338, $3,000,000 shall be allocated to carry out
this subsection.
``(d) Alternative Fuels Study.--
``(1) Study.--The Secretary shall conduct a study of the
actions necessary to facilitate the purchase of increased
volumes of alternative fuels (as defined in section 301 of
the Energy Policy Act of 1992 (42 U.S.C. 13211)) for use in
public transit vehicles
``(2) Scope of study.--The study conducted under this
subsection shall focus on the incentives necessary to
increase the use of alternative fuels in public transit
vehicles, including buses, fixed guideway vehicles, and
ferries.
``(3) Contents.--The study shall consider--
``(A) the environmental benefits of increased use of
alternative fuels in transit vehicles;
``(B) existing opportunities available to transit system
operators that encourage the purchase of alternative fuels
for transit vehicle operation;
``(C) existing barriers to transit system operators that
discourage the purchase of alternative fuels for transit
vehicle operation, including situations where alternative
fuels that do not require capital improvements to transit
vehicles are disadvantaged over fuels that do require such
improvements; and
``(D) the necessary levels and type of support necessary to
encourage additional use of alternative fuels for transit
vehicle operation.
``(4) Recommendations.--The study shall recommend
regulatory and legislative alternatives that will result in
the increased use of alternative fuels in transit vehicles.
``(5) Report.--Not later than 1 year after the date of
enactment of the Federal Public Transportation Act of 2005,
the Secretary shall submit the study completed under this
subsection to the Committee on Banking, Housing, and Urban
Affairs of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives''.
(c) Conforming Amendments.--
(1) Section heading.--The heading for section 5314 is
amended to read as follows:

``Sec. 5314. National research programs''.

(2) Table of sections.--The item relating to section 5314
in the table of sections for chapter 53 is amended to read as
follows:

``5314. National research programs.''.

SEC. 6017. NATIONAL TRANSIT INSTITUTE.

(a) Section 5315 is amended--
(1) by striking subsections (a) and (b) and inserting the
following:
``(a) Establishment.--The Secretary shall award grants to
Rutgers University to conduct a national transit institute.
``(b) Duties.--
``(1) In general.--In cooperation with the Federal Transit
Administration, State transportation departments, public
transportation authorities, and national and international
entities, the institute established pursuant to subsection
(a) shall develop and conduct training programs for Federal,
State, and local transportation employees, United States
citizens, and foreign nationals engaged or to be engaged in
Government-aid public transportation work.
``(2) Training programs.--The training programs developed
under paragraph (1) may include courses in recent
developments, techniques, and procedures related to--
``(A) intermodal and public transportation planning;
``(B) management;
``(C) environmental factors;
``(D) acquisition and joint use rights of way;
``(E) engineering and architectural design;
``(F) procurement strategies for public transportation
systems;
``(G) turnkey approaches to delivering public
transportation systems;
``(H) new technologies;
``(I) emission reduction technologies;
``(J) ways to make public transportation accessible to
individuals with disabilities;
``(K) construction, construction management, insurance, and
risk management;
``(L) maintenance;
``(M) contract administration;
``(N) inspection;
``(O) innovative finance;
``(P) workplace safety; and
``(Q) public transportation security.''; and
(2) in subsection (d), by striking ``mass'' each place it
appears.

SEC. 6018. BUS TESTING FACILITY.

Section 5318 is amended--
(1) in subsection (a)--
(A) by striking ``Establishment.--The Secretary of
Transportation shall establish

[[Page S4336]]

one facility'' and inserting ``In General.--The Secretary
shall maintain 1 facility''; and
(B) by striking ``established by renovating'' and inserting
``maintained at''; and
(2) in subsection (d), by striking ``section 5309(m)(1)(C)
of this title'' and inserting ``paragraphs (1)(C) and (2)(B)
of section 5309(i)''.

SEC. 6019. BICYCLE FACILITIES.

Section 5319 is amended by striking ``5307(k)'' and
inserting ``5307(d)(1)(K)''.

SEC. 6020. SUSPENDED LIGHT RAIL TECHNOLOGY PILOT PROJECT.

Section 5320 is repealed.

SEC. 6021. CRIME PREVENTION AND SECURITY.

Section 5321 is repealed.

SEC. 6022. GENERAL PROVISIONS ON ASSISTANCE.

Section 5323 is amended--
(1) in subsection (a)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--Financial assistance provided under this
chapter to a State or a local governmental authority may be
used to acquire an interest in, or to buy property of, a
private company engaged in public transportation, for a
capital project for property acquired from a private company
engaged in public transportation after July 9, 1964, or to
operate a public transportation facility or equipment in
competition with, or in addition to, transportation service
provided by an existing public transportation company, only
if--
``(A) the Secretary determines that such financial
assistance is essential to a program of projects required
under sections 5303, 5304, and 5306;
``(B) the Secretary determines that the program provides
for the participation of private companies engaged in public
transportation to the maximum extent feasible; and
``(C) just compensation under State or local law will be
paid to the company for its franchise or property.''; and
(B) in paragraph (2), by striking ``(2)'' and inserting the
following:
``(2) Limitation.--'';
(2) by amending subsection (b) to read as follows:
``(b) Notice and Public Hearing.--
``(1) In general.--An application for a grant under this
chapter for a capital project that will substantially affect
a community, or the public transportation service of a
community, shall include, in the environmental record for the
project, evidence that the applicant has--
``(A) provided an adequate opportunity for public review
and comment on the project;
``(B) held a public hearing on the project if the project
affects significant economic, social, or environmental
interests;
``(C) considered the economic, social, and environmental
effects of the project; and
``(D) found that the project is consistent with official
plans for developing the urban area.
``(2) Contents of notice.--Notice of a hearing under this
subsection--
``(A) shall include a concise description of the proposed
project; and
``(B) shall be published in a newspaper of general
circulation in the geographic area the project will serve.'';
(3) by amending subsection (e) to read as follows:
``(e) New Technology.--A grant for financial assistance
under this chapter for new technology, including innovative
or improved products, techniques, or methods, shall be
subject to the requirements of section 5309 to the extent the
Secretary determines to be appropriate.'';
(4) in subsection (f)--
(A) by striking ``(1)'' and inserting the following:
``(1) In general.--'';
(B) by striking paragraph (2);
(C) by striking ``This subsection'' and inserting the
following:
``(2) Exceptions.--This subsection; and
(D) by adding at the end the following:
``(3) Penalty.--If the Secretary determines that an
applicant, governmental authority, or publicly owned operator
has violated the agreement required under paragraph (1), the
Secretary shall bar the applicant, authority, or operator
from receiving Federal transit assistance in an amount the
Secretary determines to be appropriate.'';
(5) in subsection (g), by striking ``103(e)(4) and 142 (a)
or (c)'' each place it appears and inserting ``133 and 142'';
(6) by amending subsection (h) to read as follows:
``(h) Transfer of Lands or Interests in Lands Owned by the
United States.--
``(1) Request by secretary.--If the Secretary determines
that any part of the lands or interests in lands owned by the
United States and made available as a result of a military
base closure is necessary for transit purposes eligible under
this chapter, including corridor preservation, the Secretary
shall submit a request to the head of the Federal agency
supervising the administration of such lands or interests in
lands. Such request shall include a map showing the portion
of such lands or interests in lands, which is desired to be
transferred for public transportation purposes.
``(2) Transfer of land.--If 4 months after submitting a
request under paragraph (1), the Secretary does not receive a
response from the Federal agency described in paragraph (1)
that certifies that the proposed appropriation of land is
contrary to the public interest or inconsistent with the
purposes for which such land has been reserved, or if the
head of such agency agrees to the utilization or transfer
under conditions necessary for the adequate protection and
utilization of the reserve, such land or interests in land
may be utilized or transferred to a State, local governmental
authority, or public transportation operator for such
purposes and subject to the conditions specified by such
agency.
``(3) Reversion.--If at any time the lands or interests in
land utilized or transferred under paragraph (2) are no
longer needed for public transportation purposes, the State,
local governmental authority, or public transportation
operator that received the land shall notify to the
Secretary, and such lands shall immediately revert to the
control of the head of the Federal agency from which the land
was originally transferred.'';
(7) in subsection (j)(5), by striking ``Intermodal Surface
Transportation Efficiency Act of 1991 (Public Law 102-240,
105 Stat. 1914)'' and inserting ``Federal Public
Transportation Act of 2005'';
(8) by amending subsection (l) to read as follows:
``(l) Relationship to Other Laws.--Section 1001 of title 18
applies to a certificate, submission, or statement provided
under this chapter. The Secretary may terminate financial
assistance under this chapter and seek reimbursement
directly, or by offsetting amounts, available under this
chapter, if the Secretary determines that a recipient of such
financial assistance has made a false or fraudulent statement
or related act in connection with a Federal transit
program.'';
(9) in subsection (m), by adding at the end the following:
``Requirements to perform preaward and postdelivery reviews
of rolling stock purchases to ensure compliance with
subsection (j) shall not apply to private nonprofit
organizations or to grantees serving urbanized areas with a
population of fewer than 1,000,000.'';
(10) in subsection (o), by striking ``the Transportation
Infrastructure Finance and Innovation Act of 1998'' and
inserting ``subchapter II of chapter 1 of title 23''; and
(11) by adding at the end the following:
``(p) Bond Proceeds Eligible for Local Share.--
``(1) In general.--Notwithstanding any other provision of
law, a recipient of assistance under section 5307 or 5309,
may use the proceeds from the issuance of revenue bonds as
part of the local matching funds for a capital project.
``(2) Reimbursement by secretary.--The Secretary may
reimburse an eligible recipient for deposits of bond proceeds
in a debt service reserve that the recipient established
pursuant to section 5302(a)(1)(K) from amounts made available
to the recipient under section 5307 or 5309.'';
``(q) Prohibited Use of Funds.--Grant funds received under
this chapter may not be used to pay ordinary governmental or
nonproject operating expenses.''.

SEC. 6023. SPECIAL PROVISIONS FOR CAPITAL PROJECTS.

(a) In General.--Section 5324 is amended to read as
follows:

``Sec. 5324. Special provisions for capital projects

``(a) Real Property and Relocation Services.--Whenever real
property is acquired or furnished as a required contribution
incident to a project, the Secretary shall not approve the
application for financial assistance unless the applicant has
made all payments and provided all assistance and assurances
that are required of a State agency under sections 210 and
305 of the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (42 U.S.C. 4630 and 4655).
The Secretary must be advised of specific references to any
State law that are believed to be an exception to section 301
or 302 of such Act (42 U.S.C. 4651 and 4652).
``(b) Advance Real Property Acquisitions.--
(1) In general.--The Secretary may participate in the
acquisition of real property for any project that may use the
property if the Secretary determines that external market
forces are jeopardizing the potential use of the property for
the project and if--
``(A) there are offers on the open real estate market to
convey that property for a use that is incompatible with the
project under study;
``(B) there is an imminent threat of development or
redevelopment of the property for a use that is incompatible
with the project under study;
``(C) recent appraisals reflect a rapid increase in the
fair market value of the property;
``(D) the property, because it is located near an existing
transportation facility, is likely to be developed and to be
needed for a future transportation improvement; or
``(E) the property owner can demonstrate that, for health,
safety, or financial reasons, retaining ownership of the
property poses an undue hardship on the owner in comparison
to other affected property owners and requests the
acquisition to alleviate that hardship.
``(2) Environmental reviews.--Property acquired in
accordance with this subsection may not be developed in
anticipation of the project until all required environmental
reviews for the project have been completed.
``(3) Limitation.--The Secretary shall limit the size and
number of properties acquired under this subsection as
necessary to avoid any prejudice to the Secretary's objective
evaluation of project alternatives.
``(4) Exemption.--An acquisition under this section shall
be considered an exempt project under section 176 of the
Clean Air Act (42 U.S.C. 7506).

[[Page S4337]]

``(c) Railroad Corridor Preservation.--
``(1) In general.--The Secretary may assist an applicant to
acquire railroad right-of-way before the completion of the
environmental reviews for any project that may use the right-
of-way if the acquisition is otherwise permitted under
Federal law. The Secretary may establish restrictions on such
an acquisition as the Secretary determines to be necessary
and appropriate.
``(2) Environmental reviews.--Railroad right-of-way
acquired under this subsection may not be developed in
anticipation of the project until all required environmental
reviews for the project have been completed.
``(d) Consideration of Economic, Social, and Environmental
Interests.--
``(1) In general.--The Secretary may not approve an
application for financial assistance for a capital project
under this chapter unless the Secretary determines that the
project has been developed in accordance with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
The Secretary's findings under this paragraph shall be made a
matter of public record.
``(2) Cooperation and consultation.--In carrying out
section 5301(e), the Secretary shall cooperate and consult
with the Secretary of the Interior and the Administrator of
the Environmental Protection Agency on each project that may
have a substantial impact on the environment.''.
(b) Conforming Amendment.--The item relating to section
5324 in the table of sections for chapter 53 is amended to
read as follows:

``5324. Special provisions for capital projects.''.

SEC. 6024. CONTRACT REQUIREMENTS.

(a) In General.--Section 5325 is amended to read as
follows:

``Sec. 5325. Contract requirements

``(a) Competition.--Recipients of assistance under this
chapter shall conduct all procurement transactions in a
manner that provides full and open competition as determined
by the Secretary.
``(b) Architectural, Engineering, and Design Contracts.--
``(1) In general.--A contract or requirement for program
management, architectural engineering, construction
management, a feasibility study, and preliminary engineering,
design, architectural, engineering, surveying, mapping, or
related services for a project for which Federal assistance
is provided under this chapter shall be awarded in the same
manner as a contract for architectural and engineering
services is negotiated under chapter 11 of title 40, or an
equivalent qualifications-based requirement of a State. This
subsection does not apply to the extent a State has adopted
or adopts by law a formal procedure for procuring those
services.
``(2) Additional requirements.--When awarding a contract
described in paragraph (1), recipients of assistance under
this chapter shall comply with the following requirements:
``(A) Any contract or subcontract awarded under this
chapter shall be performed and audited in compliance with
cost principles contained in part 31 of title 48, Code of
Federal Regulations (commonly known as the Federal
Acquisition Regulation).
``(B) A recipient of funds under a contract or subcontract
awarded under this chapter shall accept indirect cost rates
established in accordance with the Federal Acquisition
Regulation for 1-year applicable accounting periods by a
cognizant Federal or State government agency, if such rates
are not currently under dispute.
``(C) After a firm's indirect cost rates are accepted under
subparagraph (B), the recipient of the funds shall apply such
rates for the purposes of contract estimation, negotiation,
administration, reporting, and contract payment, and shall
not be limited by administrative or de facto ceilings.
``(D) A recipient requesting or using the cost and rate
data described in subparagraph (C) shall notify any affected
firm before such request or use. Such data shall be
confidential and shall not be accessible or provided by the
group of agencies sharing cost data under this subparagraph,
except by written permission of the audited firm. If
prohibited by law, such cost and rate data shall not be
disclosed under any circumstances.
``(c) Efficient Procurement.--A recipient may award a
procurement contract under this chapter to other than the
lowest bidder if the award furthers an objective consistent
with the purposes of this chapter, including improved long-
term operating efficiency and lower long-term costs.
``(d) Design-Build Projects.--
``(1) Defined term.--As used in this subsection, the term
`design-build project'--
``(A) means a project under which a recipient enters into a
contract with a seller, firm, or consortium of firms to
design and build an operable segment of a public
transportation system that meets specific performance
criteria; and
``(B) may include an option to finance, or operate for a
period of time, the system or segment or any combination of
designing, building, operating, or maintaining such system or
segment.
``(2) Financial assistance for capital costs.--Federal
financial assistance under this chapter may be provided for
the capital costs of a design-build project after the
recipient complies with Government requirements.
``(e) Rolling Stock.--
``(1) Acquisition.--A recipient of financial assistance
under this chapter may enter into a contract to expend that
assistance to acquire rolling stock--
``(A) with a party selected through a competitive
procurement process; or
``(B) based on--
``(i) initial capital costs; or
``(ii) performance, standardization, life cycle costs, and
other factors.
``(2) Multiyear contracts.--A recipient procuring rolling
stock with Federal financial assistance under this chapter
may make a multiyear contract, including options, to buy not
more than 5 years of requirements for rolling stock and
replacement parts. The Secretary shall allow a recipient to
act on a cooperative basis to procure rolling stock under
this paragraph and in accordance with other Federal
procurement requirements.
``(f) Examination of Records.--Upon request, the Secretary
and the Comptroller General, or any of their representatives,
shall have access to and the right to examine and inspect all
records, documents, and papers, including contracts, related
to a project for which a grant is made under this chapter.
``(g) Grant Prohibition.--A grant awarded under this
chapter may not be used to support a procurement that uses an
exclusionary or discriminatory specification.
``(h) Bus Dealer Requirements.--No State law requiring
buses to be purchased through in-State dealers shall apply to
vehicles purchased with a grant under this chapter.
``(i) Awards to Responsible Contractors.--
``(1) In general.--Federal financial assistance under this
chapter may be provided for contracts only if a recipient
awards such contracts to responsible contractors possessing
the ability to successfully perform under the terms and
conditions of a proposed procurement.
``(2) Criteria.--Before making an award to a contractor
under paragraph (1), a recipient shall consider--
``(A) the integrity of the contractor;
``(B) the contractor's compliance with public policy;
``(C) the contractor's past performance, including the
performance reported in the Contractor Performance Assessment
Reports required under section 5309(m)(4); and
``(D) the contractor's financial and technical
resources.''.
(b) Conforming Amendments.--Chapter 53 is amended by
striking section 5326.

SEC. 6025. PROJECT MANAGEMENT OVERSIGHT AND REVIEW.

(a) Project Management Plan Requirements.--Section 5327(a)
is amended--
(1) in paragraph (11), by striking ``and'' at the end;
(2) in paragraph (12), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(13) safety and security management.''.
(b) Limitations on Use of Available Amounts.--Section
5327(c) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) In general.--The Secretary may not use more than 1
percent of amounts made available for a fiscal year to carry
out any of sections 5307 through 5311, 5316, or 5317, or a
project under the National Capital Transportation Act of 1969
(Public Law 91-143) to make a contract to oversee the
construction of major projects under any of sections 5307
through 5311, 5316, or 5317 or under that Act.''; and
(2) in paragraph (2)--
(A) by striking ``(2)'' and inserting the following:
``(2) Other allowable uses.--''; and
(B) by inserting ``and security'' after ``safety''.

SEC. 6026. PROJECT REVIEW.

Section 5328 is amended--
(1) in subsection (a)--
(A) in paragraph (1) by striking ``(1) When the Secretary
of Transportation allows a new fixed guideway project to
advance into the alternatives analysis stage of project
review, the Secretary shall cooperate with the applicant''
and inserting the following:
``(1) Alternatives analysis.--The Secretary shall cooperate
with an applicant undertaking an alternatives analysis under
subsections (e) and (f) of section 5309'';
(B) in paragraph (2)--
(i) by striking ``(2)'' and inserting the following:
``(2) Advancement to preliminary engineering stage.--'';
and
(ii) by striking ``is consistent with'' and inserting
``meets the requirements of'';
(C) in paragraph (3)--
(i) by striking ``(3)'' and inserting the following:
``(3) Record of decision.--'';
(ii) by striking ``of construction''; and
(iii) by adding before the period at the end the following:
``if the Secretary determines that the project meets the
requirements of subsection (e) or (f) of section 5309''; and
(D) by striking paragraph (4); and
(2) by striking subsection (c).

SEC. 6027. INVESTIGATIONS OF SAFETY AND SECURITY RISK.

(a) In General.--Section 5329 is amended to read as
follows:

``Sec. 5329. Investigation of safety hazards and security
risks

``(a) In General.--The Secretary may conduct investigations
into safety hazards and security risks associated with a
condition in equipment, a facility, or an operation financed
under this chapter to establish the nature and extent of the
condition and how to eliminate, mitigate, or correct it.

[[Page S4338]]

``(b) Submission of Corrective Plan.--If the Secretary
establishes that a safety hazard or security risk warrants
further protective measures, the Secretary shall require the
local governmental authority receiving amounts under this
chapter to submit a plan for eliminating, mitigating, or
correcting it.
``(c) Withholding of Funds.--Financial assistance under
this chapter, in an amount to be determined by the Secretary,
may be withheld until a plan is approved and carried out.
``(d) Public Transportation Security.--
``(1) In general.--Not later than 90 days after the date of
enactment of the Federal Public Transportation Act of 2005,
the Secretary shall enter into a memorandum of understanding
with the Secretary of Homeland Security to define and clarify
the respective roles and responsibilities of the Department
of Transportation and the Department of Homeland Security
relating to public transportation security.
``(2) Contents.--The memorandum of understanding described
in paragraph (1) shall--
``(A) establish national security standards for public
transportation agencies;
``(B) establish funding priorities for grants from the
Department of Homeland Security to public transportation
agencies;
``(C) create a method of coordination with public
transportation agencies on security matters; and
``(D) address any other issues determined to be appropriate
by the Secretary and the Secretary of Homeland Security.''.
(b) Conforming Amendment.--The item relating to section
5329 in the table of sections for chapter 53 is amended to
read as follows:

``5329. Investigation of safety hazards and security risks.''.

SEC. 6028. STATE SAFETY OVERSIGHT.

(a) In General.--Section 5330 is amended--
(1) by amending the heading to read as follows:

``Sec. 5330. Withholding amounts for noncompliance with State
safety oversight requirements'';

(2) by amending subsection (a) to read as follows:
``(a) Application.--This section shall only apply to--
``(1) States that have rail fixed guideway public
transportation systems that are not subject to regulation by
the Federal Railroad Administration; and
``(2) States that are designing rail fixed guideway public
transportation systems that will not be subjected to
regulation by the Federal Railroad Administration.'';
(3) in subsection (d), by striking ``affected States'' and
inserting the following: ``affected States--
``(1) shall ensure uniform safety standards and
enforcement; or
``(2)''; and
(4) in subsection (f), by striking ``Not later than
December 18, 1992, the'' and inserting ``The''.
(b) Conforming Amendment.--The item relating to section
5330 in the table of sections for chapter 53 is amended to
read as follows:

``5330. Withholding amounts for noncompliance with State safety
oversight requirements.''.

SEC. 6029. TERRORIST ATTACKS AND OTHER ACTS OF VIOLENCE
AGAINST PUBLIC TRANSPORTATION SYSTEMS.

(a) In General.--Section 1993 of title 18, United States
Code, is amended--
(1) by striking ``mass'' each place it appears and
inserting ``public'';
(2) in subsection (a)(5), by inserting ``controlling,''
after ``operating''; and
(3) in subsection (c)(5), by striking ``5302(a)(7) of title
49, United States Code,'' and inserting ``5302(a) of title
49,''.
(b) Conforming Amendment.--The table of contents for
chapter 97 of title 18, United States Code is amended by
amending the item related to section 1993 to read as follows:

``1993. Terrorist attacks and other acts of violence against public
transportation systems.''.

SEC. 6030. CONTROLLED SUBSTANCES AND ALCOHOL MISUSE TESTING.

Section 5331 is amended--
(1) in subsection (a)(3), by inserting before the period at
the end the following: ``or sections 2303a, 7101(i), or
7302(e) of title 46. The Secretary may also decide that a
form of public transportation is covered adequately, for
employee alcohol and controlled substances testing purposes,
under the alcohol and controlled substance statutes or
regulations of an agency within the Department of
Transportation or other Federal agency''; and
(2) in subsection (f), by striking paragraph (3).

SEC. 6031. EMPLOYEE PROTECTIVE ARRANGEMENTS.

Section 5333(b) is amended--
(1) in paragraph (3), by striking the period at the end and
inserting ``: Provided, That--
``(A) the protective period shall not exceed 4 years; and
``(B) the separation allowance shall not exceed 12
months.''; and
(2) by adding at the end the following:
``(4) An arrangement under this subsection shall not
guarantee continuation of employment as a result of a change
in private contractors through competitive bidding unless
such continuation is otherwise required under subparagraph
(A), (B), or (D) of paragraph (2).
``(5) Fair and equitable arrangements to protect the
interests of employees utilized by the Secretary of Labor for
assistance to purchase like-kind equipment or facilities, and
amendments to existing assistance agreements, shall be
certified without referral.
``(6) Nothing in this subsection shall affect the level of
protection provided to freight railroad employees.''.

SEC. 6032. ADMINISTRATIVE PROCEDURES.

Section 5334 is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``5309-5311 of this
title'' and all that follows and inserting ``5309 through
5311;'';
(B) in paragraph (9), by striking ``and'' at the end;
(C) in paragraph (10), by striking the period at the end
and inserting ``; and''; and
(D) by inserting at the end the following:
``(11) issue regulations as necessary to carry out the
purposes of this chapter.'';
(2) by redesignating subsections (b), (c), (d), (e), (f),
(g), (h), (i), and (j) as subsections (c), (d), (e), (f),
(g), (h), (i), (j), and (k), respectively;
(3) by adding after subsection (a) the following:
``(b) Prohibitions Against Regulating Operations and
Charges.--
``(1) In general.--Except as directed by the President for
purposes of national defense or in the event of a national or
regional emergency, the Secretary may not regulate--
``(A) the operation, routes, or schedules of a public
transportation system for which a grant is made under this
chapter; or
``(B) the rates, fares, tolls, rentals, or other charges
prescribed by any public or private transportation provider.
``(2) Compliance with agreement.--Nothing in this
subsection shall prevent the Secretary from requiring a
recipient of funds under this chapter to comply with the
terms and conditions of its Federal assistance agreement.'';
and
(4) in subsection (j)(1), as redesignated, by striking
``carry out section 5312(a) and (b)(1) of this title'' and
inserting ``advise and assist the Secretary in carrying out
section 5312(a)''.

SEC. 6033. REPORTS AND AUDITS.

Section 5335 is amended--
(1) by striking subsection (b); and
(2) in subsection (a)--
(A) in paragraph (1), by striking ``(1)''; and
(B) in paragraph (2), by striking ``(2) The Secretary may
make a grant under section 5307 of this title'' and inserting
the following:
``(b) Reporting and Uniform Systems.--The Secretary may
award a grant under section 5307 or 5311''.

SEC. 6034. APPORTIONMENTS OF APPROPRIATIONS FOR FORMULA
GRANTS.

Section 5336 is amended--
(1) by striking subsections (d), (h), and (k);
(2) by redesignating subsections (a) through (c) as
subsections (b) through (d), respectively;
(3) by redesignating subsection (i) and (j) as subsection
(h) and (i) respectively;
(4) by adding before subsection (b), as redesignated, the
following:
``(a) Apportionments.--Of the amounts made available for
each fiscal year under subsections (a)(1)(C)(vi) and
(b)(2)(L) of section 5338--
``(1) there shall be apportioned, in fiscal year 2006 and
each fiscal year thereafter, $35,000,000 to certain urbanized
areas with populations of less than 200,000 in accordance
with subsection (k); and
``(2) any amount not apportioned under paragraph (1) shall
be apportioned to urbanized areas in accordance with
subsections (b) through (d).'';
(5) in subsection (b), as redesignated--
(A) by striking ``Of the amount made available or
appropriated under section 5338(a) of this title'' and
inserting ``Of the amount apportioned under subsection
(a)(3)''; and
(B) in paragraph (2), by striking ``subsections (b) and (c)
of this section'' and inserting ``subsections (c) and (d)'';
(6) in subsection (c)(2), as redesignated, by striking
``subsection (a)(2) of this section'' and inserting
``subsection (b)(2)'';
(7) in subsection (d), as redesignated, by striking
``subsection (a)(2) of this section'' and inserting
``subsection (b)(2)'';
(8) in subsection (e)(1), by striking ``subsections (a) and
(h)(2) of section 5338 of this title'' and inserting
``subsections (a) and (b) of section 5338'';
(9) in subsection (g), by striking ``subsection (a)(1) of
this section'' each place it appears and inserting
``subsection (b)(1)''; and
(10) by adding at the end the following:
``(j) Small Transit Intensive Cities Factors.--The amount
apportioned under subsection (a)(1) shall be apportioned to
urbanized areas as follows:
``(1) The Secretary shall calculate a factor equal to the
sum of revenue vehicle hours operated within urbanized areas
with a population of between 200,000 and 1,000,000 divided by
the sum of the population of all such urbanized areas.
``(2) The Secretary shall designate as eligible for an
apportionment under this subsection all urbanized areas with
a population of under 200,000 for which the number of revenue
vehicle hours operated within the urbanized area divided by
the population of the urbanized area exceeds the factor
calculated under paragraph (1).
``(3) For each urbanized area qualifying for an
apportionment under paragraph (2), the Secretary shall
calculate an amount equal to the product of the population of
that urbanized area and the factor calculated under paragraph
(1).

[[Page S4339]]

``(4) For each urbanized area qualifying for an
apportionment under paragraph (2), the Secretary shall
calculate an amount equal to the difference between the
number of revenue vehicle hours within that urbanized area
less the amount calculated in paragraph (3).
``(5) Each urbanized area qualifying for an apportionment
under paragraph (2) shall receive an amount equal to the
amount to be apportioned under this subsection multiplied by
the amount calculated for that urbanized area under paragraph
(4) divided by the sum of the amounts calculated under
paragraph (4) for all urbanized areas qualifying for an
apportionment under paragraph (2).
``(k) Study on Incentives in Formula Programs.--
``(1) Study.--The Secretary shall conduct a study to assess
the feasibility and appropriateness of developing and
implementing an incentive funding system under sections 5307
and 5311 for operators of public transportation.
``(2) Report.--
``(A) In general.--Not later than 1 year after the date of
enactment of the Federal Public Transportation Act of 2005,
the Secretary shall submit a report on the results of the
study conducted under paragraph (1) to the Committee on
Banking, Housing, and Urban Affairs of the Senate and the
Committee on Transportation and Infrastructure of the House
of Representatives.
``(B) Contents.--The report submitted under subparagraph
(A) shall include--
``(i) an analysis of the availability of appropriate
measures to be used as a basis for the distribution of
incentive payments;
``(ii) the optimal number and size of any incentive
programs;
``(iii) what types of systems should compete for various
incentives;
``(iv) how incentives should be distributed; and
``(v) the likely effects of the incentive funding
system.''.

SEC. 6035. APPORTIONMENTS FOR FIXED GUIDEWAY MODERNIZATION.

Section 5337 is amended--
(1) in subsection (a), by striking ``for each of fiscal
years 1998 through 2003''; and
(2) by striking ``section 5336(b)(2)(A)'' each place it
appears and inserting ``section 5336(c)(2)(A)''.

SEC. 6036. AUTHORIZATIONS.

Section 5338 is amended to read as follows:

``Sec. 5338. Authorizations

``(a) Fiscal Year 2005.--
``(1) Formula grants.--
``(A) Trust fund.--For fiscal year 2005, $3,499,927,776
shall be available from the Mass Transit Account of the
Highway Trust Fund to carry out sections 5307, 5309, 5310,
and 5311 of this chapter and section 3038 of the
Transportation Equity Act for the 21st Century (49 U.S.C.
5310 note).
``(B) General fund.--In addition to the amounts made
available under subparagraph (A), there are authorized to be
appropriated $499,989,824 for fiscal year 2005 to carry out
sections 5307, 5309, 5310, and 5311 of this chapter and
section 3038 of the Transportation Equity Act for the 21st
Century (49 U.S.C. 5310 note).
``(C) Allocation of funds.--Of the amounts made available
or appropriated under this paragraph--
``(i) $4,811,150 shall be available to the Alaska Railroad
for improvements to its passenger operations under section
5307;
``(ii) $6,894,400 shall be available to provide over-the-
road bus accessibility grants under section 3038 of the
Transportation Equity Act for the 21st Century (49 U.S.C.
5310 note);
``(iii) $94,526,689 shall be available to provide
transportation services to elderly individuals and
individuals with disabilities under section 5310;
``(iv) $173,040,330 shall be available to provide financial
assistance for other than urbanized areas under section 5311;
``(v) $3,325,048,327 shall be available to provide
financial assistance for urbanized areas under section 5307;
``(vi) $49,600,000 shall be available to provide financial
assistance for buses and bus facilities under section 5309;
and
``(vii) $345,996,704 shall be allocated in accordance with
section 5340 to provide financial assistance for urbanized
areas under section 5307 and other than urbanized areas under
section 5311.''.
``(2) Job access and reverse commute.--
``(A) Trust fund.--For fiscal year 2005, $108,500,000 shall
be available from the Mass Transit Account of the Highway
Trust Fund to carry out section 3037 of the Transportation
Equity Act for the 21st Century (49 U.S.C. 5309 note).
``(B) General fund.--In addition to the amounts made
available under paragraph (A), there are authorized to be
appropriated $15,500,000 for fiscal year 2005 to carry out
section 3037 of the Transportation Equity Act of the 21st
Century (49 U.S.C. 5309 note).
``(3) Capital program grants.--
``(A) Trust fund.--For fiscal year 2005, $2,898,100,224
shall be available from the Mass Transit Account of the
Highway Trust Fund to carry out section 5309.
``(B) General fund.--In addition to the amounts made
available under subparagraph (A), there are authorized to be
appropriated $414,014,176 for fiscal year 2005 to carry out
section 5309.
``(4) Planning.--
``(A) Trust fund.--For fiscal year 2005, $63,364,000 shall
be available from the Mass Transit Account of the Highway
Trust Fund to carry out section 5308.
``(B) General fund.--In addition to the amounts made
available under subparagraph (A), there are authorized to be
appropriated $9,052,000 for fiscal year 2005 to carry out
section 5308.
``(C) Allocation of funds.--Of the amounts made available
or appropriated under this paragraph--
``(i) 82.72 percent shall be allocated for metropolitan
planning under section 5308(c); and
``(ii) 17.28 percent shall be allocated for State planning
under section 5308(d).
``(5) Research.--
``(A) Trust fund.--For fiscal year 2005, $47,740,000 shall
be available from the Mass Transit Account of the Highway
Trust Fund to carry out sections 5311(b), 5312, 5313, 5314,
5315, and 5322.
``(B) General fund.--In addition to the amounts made
available under subparagraph (A), there are authorized to be
appropriated $6,820,000 for fiscal year 2005 to carry out
sections 5311(b), 5312, 5313, 5314, 5315, and 5322.
``(C) Allocation of funds.--Of the funds made available or
appropriated under this paragraph--
``(i) not less than $3,968,000 shall be available to carry
out programs of the National Transit Institute under section
5315;
``(ii) not less than $5,208,000 shall be available to carry
out section 5311(b)(2);
``(iii) not less than $8,184,000 shall be available to
carry out section 5313; and
``(iv) the remainder shall be available to carry out
national research and technology programs under sections
5312, 5314, and 5322.
``(6) University transportation research.--
``(A) Trust fund.--For fiscal year 2005, $5,208,000 shall
be available from the Mass Transit Account of the Highway
Trust Fund to carry out sections 5505 and 5506.
``(B) General fund.--In addition to amounts made available
under subparagraph (A), there are authorized to be
appropriated $744,000 for fiscal year 2005 to carry out
sections 5505 and 5506.
``(C) Allocation of funds.--Of the amounts made available
or appropriated under this paragraph--
``(i) $1,984,000 shall be available for grants under
5506(f)(5) to the institution identified in section
5505(j)(3)(E), as in effect on the day before the date of
enactment of the Federal Public Transportation Act of 2005;
``(ii) $1,984,000 shall be available for grants under
section 5505(d) to the institution identified in section
5505(j)(4)(A), as in effect on the date specified in clause
(i); and
``(iii) $1,984,000 shall be available for grants under
section 5505(d) to the institution identified in section
5505(j)(4)(F), as in effect on the date specified in
subclause (I).
``(C) Special rule.--Nothing in this paragraph shall be
construed to limit the transportation research conducted by
the centers receiving financial assistance under this
section.
``(7) Administration.--
``(A) Trust fund.--For fiscal year 2005, $67,704,000 shall
be available from the Mass Transit Account of the Highway
Trust Fund to carry out section 5334.
``(B) General fund.--In addition to amounts made available
under subparagraph (A), there are authorized to be
appropriated $9,672,000 for fiscal year 2005 to carry out
section 5334.
``(8) Grants as contractual obligations.--
``(A) Grants financed from highway trust fund.--A grant or
contract that is approved by the Secretary and financed with
amounts made available under paragraph (1)(A), (2)(A),
(3)(A), (4)(A), (5)(A), (6)(A), or (7)(A) is a contractual
obligation of the United States Government to pay the Federal
share of the cost of the project.
``(B) Grants financed from general fund.--A grant or
contract that is approved by the Secretary and financed with
amounts appropriated in advance under paragraph (1)(B),
(2)(B), (3)(B), (4)(B), (5)(B), (6)(B), or (7)(B) is a
contractual obligation of the United States Government to pay
the Federal share of the cost of the project only to the
extent that amounts are appropriated for such purpose by an
Act of Congress.
``(9) Availability of Amounts.--Amounts made available or
appropriated under paragraphs (1) through (6) shall remain
available until expended.''.
``(b) Formula Grants and Research.--
``(1) In general.--There shall be available from the Mass
Transit Account of the Highway Trust Fund to carry out
sections 5307, 5308, 5309, 5310 through 5316, 5322, 5335,
5340, and 5505 of this title, and sections 3037 and 3038 of
the Federal Transit Act of 1998 (112 Stat. 387 et seq.)--
``(A) $5,943,059,000 for fiscal year 2006;
``(B) $6,279,868,000 for fiscal year 2007;
``(C) $6,862,064,000 for fiscal year 2008; and
``(D) $7,476,967,000 for fiscal year 2009.
``(2) Allocation of funds.--Of the amounts made available
under paragraph (1) for each fiscal year--
``(A) 0.092 percent shall be available for grants to the
Alaska Railroad under section 5307 for improvements to its
passenger operations;
``(B) 1.75 percent shall be available to carry out section
5308;
``(C) 2.05 percent shall be available to provide financial
assistance for job access and reverse commute projects under
section 3037 of the Federal Transit Act of 1998 (49 U.S.C.
5309 note);

[[Page S4340]]

``(D) 3.00 percent shall be available to provide financial
assistance for services for elderly persons and persons with
disabilities under section 5310;
``(E) 0.125 percent shall be available to carry out section
3038 of the Transportation Equity Act for the 21st Century
(49 U.S.C. 5310 note);
``(F) 6.25 percent shall be available to provide financial
assistance for other than urbanized areas under section 5311;
``(G) 0.89 percent shall be available to carry out transit
cooperative research programs under section 5313, the
National Transit Institute under section 5315, university
research centers under section 5505, and national research
programs under sections 5312, 5313, 5314, and 5322, of
which--
``(i) 17.0 percent shall be allocated to carry out transit
cooperative research programs under section 5313;
``(ii) 7.5 percent shall be allocated to carry out programs
under the National Transit Institute under section 5315,
including not more than $1,000,000 to carry out section
5315(a)(16);
``(iii) 11.0 percent shall be allocated to carry out the
university centers program under section 5505; and
``(iv) any funds made available under this subparagraph
that are not allocated under clauses (i) through (iii) shall
be allocated to carry out national research programs under
sections 5312, 5313, 5314, and 5322;
``(H) $25,000,000 shall be available for each of the fiscal
years 2006 through 2009 to carry out section 5316;
``(I) there shall be available to carry out section 5335--
``(i) $3,900,000 in fiscal year 2006;
``(ii) $4,200,000 in fiscal year 2007;
``(iii) $4,600,000 in fiscal year 2008; and
``(iv) $5,000,000 in fiscal year 2009;
``(J) 6.25 percent shall be allocated in accordance with
section 5340 to provide financial assistance for urbanized
areas under section 5307 and other than urbanized areas under
section 5311; and
``(K) 22.0 percent shall be allocated in accordance with
section 5337 to provide financial assistance under section
5309(i)(3); and
``(L) any amounts not made available under subparagraphs
(A) through (K) shall be allocated in accordance with section
5336 to provide financial assistance for urbanized areas
under section 5307.
``(3) University centers program.--
``(A) Allocation.--Of the amounts allocated under paragraph
(2)(G)(iii), $1,000,000 shall be available in each of the
fiscal years 2006 through 2009 for Morgan State University to
provide transportation research, training, and curriculum
development.
``(B) Requirements.--The university specified under
subparagraph (A) shall be considered a University
Transportation Center under section 510 of title 23, and
shall be subject to the requirements under subsections (c),
(d), (e), and (f) of such section.
``(C) Report.--In addition to the report required under
section 510(e)(3) of title 23, the university specified under
subparagraph (A) shall annually submit a report to the
Secretary that describes the university's contribution to
public transportation.
``(4) Bus grants.--In addition to the amounts made
available under paragraph (1), there shall be available from
the Mass Transit Account of the Highway Trust Fund to carry
out section 5309(i)(2)(B)--
``(A) $796,977,000 for fiscal year 2006;
``(B) $842,144,000 for fiscal year 2007;
``(C) $920,218,000 for fiscal year 2008; and
``(D) $1,002,678,000 for fiscal year 2009.
``(c) Major Capital Investment Grants.--There are
authorized to be appropriated to carry out section
5309(i)(2)(A)--
``(1) $1,386,523,000 for fiscal year 2006;
``(2) $1,465,100,000 for fiscal year 2007;
``(3) $1,600,927,000 for fiscal year 2008; and
``(4) $1,744,385,000 for fiscal year 2009.
``(d) Administration.--There shall be available from the
Mass Transit Account of the Highway Trust Fund to carry out
section 5334--
``(1) $82,086,000 for fiscal year 2006;
``(2) $86,738,000 for fiscal year 2007;
``(3) $94,779,000 for fiscal year 2008; and
``(4) $103,273,000 for fiscal year 2009.
``(e) Grants as Contractual Obligations.--
``(1) Mass transit account funds.--A grant or contract
approved by the Secretary that is financed with amounts made
available under subsection (b)(1), (b)(4), or (d) is a
contractual obligation of the United States Government to pay
the Federal share of the cost of the project.
``(2) Appropriated funds.--A grant or contract approved by
the Secretary that is financed with amounts made available
under subsection (c) is a contractual obligation of the
United States Government to pay the Federal share of the cost
of the project only to the extent that amounts are
appropriated in advance for such purpose by an Act of
Congress.
``(f) Availability of Amounts.--Amounts made available by
or appropriated under subsections (b) and (c) shall remain
available until expended.''.

SEC. 6037. APPORTIONMENTS BASED ON GROWING STATES FORMULA
FACTORS.

(a) In General.--Chapter 53 is amended by adding at the end
the following:

``Sec. 5340. Apportionments based on growing States and high
density State formula factors

``(a) Definition.--In this section, the term `State' shall
mean each of the 50 States of the United States.
``(b) Allocation.--Of the amounts made available for each
fiscal year under section 5338(b)(2)(J), the Secretary shall
apportion--
``(1) 50 percent to States and urbanized areas in
accordance with subsection (c); and
``(2) 50 percent to States and urbanized areas in
accordance with subsection (d).
``(c) Growing State Apportionments.--
``(1) Apportionment among states.--The amounts apportioned
under subsection (b)(1) shall provide each State with an
amount equal to the total amount apportioned multiplied by a
ratio equal to the population of that State forecast for the
year that is 15 years after the most recent decennial census,
divided by the total population of all States forecast for
the year that is 15 years after the most recent decennial
census. Such forecast shall be based on the population trend
for each State between the most recent decennial census and
the most recent estimate of population made by the Secretary
of Commerce.
``(2) Apportionments between urbanized areas and other than
urbanized areas in each state.--
``(A) In general.--The Secretary shall apportion amounts to
each State under paragraph (1) so that urbanized areas in
that State receive an amount equal to the amount apportioned
to that State multiplied by a ratio equal to the sum of the
forecast population of all urbanized areas in that State
divided by the total forecast population of that State. In
making the apportionment under this subparagraph, the
Secretary shall utilize any available forecasts made by the
State. If no forecasts are available, the Secretary shall
utilize data on urbanized areas and total population from the
most recent decennial census.
``(B) Remaining amounts.--Amounts remaining for each State
after apportionment under subparagraph (A) shall be
apportioned to that State and added to the amount made
available for grants under section 5311.
``(3) Apportionments among urbanized areas in each state.--
The Secretary shall apportion amounts made available to
urbanized areas in each State under paragraph (2)(A) so that
each urbanized area receives an amount equal to the amount
apportioned under paragraph (2)(A) multiplied by a ratio
equal to the population of each urbanized area divided by the
sum of populations of all urbanized areas in the State.
Amounts apportioned to each urbanized area shall be added to
amounts apportioned to that urbanized area under section
5336, and made available for grants under section 5307.
``(d) High Density State Apportionments.--Amounts to be
apportioned under subsection (b)(2) shall be apportioned as
follows:
``(1) Eligible states.--The Secretary shall designate as
eligible for an apportionment under this subsection all
States with a population density in excess of 370 persons per
square mile.
``(2) State urbanized land factor.--For each State
qualifying for an apportionment under paragraph (1), the
Secretary shall calculate an amount equal to--
``(A) the total land area of the State (in square miles);
multiplied by
``(B) 370; multiplied by
``(C)(i) the population of the State in urbanized areas;
divided by
``(ii) the total population of the State.
``(3) State apportionment factor.--For each State
qualifying for an apportionment under paragraph (1), the
Secretary shall calculate an amount equal to the difference
between the total population of the State less the amount
calculated in paragraph (2).
``(4) State apportionment.--Each State qualifying for an
apportionment under paragraph (1) shall receive an amount
equal to the amount to be apportioned under this subsection
multiplied by the amount calculated for the State under
paragraph (3) divided by the sum of the amounts calculated
under paragraph (3) for all States qualifying for an
apportionment under paragraph (1).
``(5) Apportionments between urbanized areas and other than
urbanized areas in each state.--
``(A) In general.--The Secretary shall apportion amounts
apportioned to each State under paragraph (4) so that
urbanized areas in that State receive an amount equal to the
amount apportioned to that State multiplied by a ratio equal
to the sum of the population of all urbanized areas in that
State divided by the total population of that State.
``(B) Remaining amounts.--Amounts remaining for each State
after apportionment under subparagraph (a) shall be
apportioned to that State and added to the amount made
available for grants under section 5311.
``(6) Apportionments among urbanized areas in each state.--
The Secretary shall apportion amounts made available to
urbanized areas in each State under paragraph (5)(A) so that
each urbanized area receives an amount equal to the amount
apportioned under paragraph (5)(A) multiplied by a ratio
equal to the population of each urbanized area divided by the
sum of populations of all urbanized areas in the State.
Amounts apportioned to each urbanized area shall be added to
amounts apportioned to that urbanized area under section
5336, and made available for grants under section 5307.''.
(b) Conforming Amendment.--The table of sections for
chapter 53 is amended by adding at the end the following:

``5340. Apportionments based on growing States and high density States
formula factors.''.

[[Page S4341]]

SEC. 6038. JOB ACCESS AND REVERSE COMMUTE GRANTS.

Section 3037 of the Federal Transit Act of 1998 (49 U.S.C.
5309 note) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``means an individual'' and inserting the
following: ``means--
``(A) an individual''; and
(ii) by striking the period at the end and inserting ``; or
``(B) an individual who is eligible for assistance under
the State program of Temporary Assistance to Needy Families
funded under part A of title IV of the Social Security Act
(42 U.S.C. 601 et. seq.) in the State in which the recipient
of a grant under this section is located.''; and
(B) in paragraph (2), by striking ``development of'' each
place it appears and inserting ``development and provision
of'';
(2) in subsection (i), by amending paragraph (2) to read as
follows:
``(2) Coordination.--
``(A) In general.--The Secretary shall coordinate
activities under this section with related activities under
programs of other Federal departments and agencies.
``(B) Certification.--A recipient of funds under this
section shall certify that--
``(i) the project has been derived from a locally
developed, coordinated public transit human services
transportation plan; and
``(ii) the plan was developed through a process that
included representatives of public, private, and nonprofit
transportation and human services providers and participation
by the public.'';
(3) by amending subsection (j) to read as follows:
``(j) Grant Requirements.--
``(1) In general.--
``(A) Urbanized areas.--A grant awarded under this section
to a public agency or private company engaged in public
transportation in an urbanized area shall be subject to the
all of the terms and conditions to which a grant awarded
under section 5307 of title 49, United States Code, is
subject, to the extent the Secretary considers appropriate.
``(B) Other than urbanized areas.--A grant awarded under
this section to a public agency or a private company engaged
in public transportation in an area other than urbanized
areas shall be subject to all of the terms and conditions to
which a grant awarded under section 5311 of title 49, United
States Code, is subject, to the extent the Secretary
considers appropriate.
``(C) Nonprofit organizations.--A grant awarded under this
section to a private nonprofit organization shall be subject
to all of the terms and conditions to which a grant made
under section 5310 of title 49, United States Code, is
subject, to the extent the Secretary considers appropriate.
``(2) Special warranty.--
``(A) In general.--Section 5333(b) of title 49, United
States Code, shall apply to grants under this section if the
Secretary of Labor utilizes a Special Warranty that provides
a fair and equitable arrangement to protect the interests of
employees.
``(B) Waiver.--The Secretary may waive the applicability of
the Special Warranty under subparagraph (A) for private non-
profit recipients on a case-by-case basis as the Secretary
considers appropriate.''; and
(4) by striking subsections (k) and (l).

SEC. 6039. OVER-THE-ROAD BUS ACCESSIBILITY PROGRAM.

(a) Section Heading.--The section heading for section 3038
of the Federal Transit Act of 1998 (49 U.S.C. 5310 note), is
amended to read as follows:

``SEC. 3038. OVER-THE-ROAD BUS ACCESSIBILITY PROGRAM.''.

(b) Funding.--Section 3038(g) of the Federal Transit Act of
1998 (49 U.S.C. 5310 note) is amended to read as follows:
``(g) Funding.--Of the amounts made available for each
fiscal year under subsections (a)(1)(C)(iii) and (b)(2)(E) of
section 5338 of title 49, United States Code--
``(1) 75 percent shall be available, and shall remain
available until expended, for operators of over-the-road
buses, used substantially or exclusively in intercity, fixed-
route over-the-road bus service, to finance the incremental
capital and training costs of the Department of
Transportation's final rule regarding accessibility of over-
the-road buses; and
``(2) 25 percent shall be available, and shall remain
available until expended, for operators of over-the-road bus
service not described in paragraph (1), to finance the
incremental capital and training costs of the Department of
Transportation's final rule regarding accessibility of over-
the-road buses.''.
(b) Conforming Amendment.--The item relating to section
3038 in the table of contents for the Transportation Equity
Act for the 21st Century (Public Law 105-178) is amended to
read as follows:

``Sec. 3038. Over-the-road bus accessibility program.''.

SEC. 6040. ALTERNATIVE TRANSPORTATION IN PARKS AND PUBLIC
LANDS.

(a) In General.--Chapter 53 is amended by inserting after
section 5315 the following:

``Sec. 5316. Alternative transportation in parks and public
lands

``(a) In General.--
``(1) Authorization.--
``(A) In general.--The Secretary, in consultation with the
Secretary of the Interior, may award a grant or enter into a
contract, cooperative agreement, interagency agreement,
intraagency agreement, or other transaction to carry out a
qualified project under this section to enhance the
protection of America's National Parks and public lands and
increase the enjoyment of those visiting the parks and public
lands by ensuring access to all, including persons with
disabilities, improving conservation and park and public land
opportunities in urban areas through partnering with state
and local governments, and improving park and public land
transportation infrastructure.
``(B) Consultation with other agencies.--To the extent that
projects are proposed or funded in eligible areas that are
not within the jurisdiction of the Department of the
Interior, the Secretary of the Interior shall consult with
the heads of the relevant Federal land management agencies in
carrying out the responsibilities under this section.
``(2) Use of funds.--A grant, cooperative agreement,
interagency agreement, intraagency agreement, or other
transaction for a qualified project under this section shall
be available to finance the leasing of equipment and
facilities for use in public transportation, subject to any
regulation that the Secretary may prescribe limiting the
grant or agreement to leasing arrangements that are more
cost-effective than purchase or construction.
``(b) Definitions.--In this section, the following
definitions shall apply:
``(1) Eligible area.--The term `eligible area' means any
federally owned or managed park, refuge, or recreational area
that is open to the general public, including--
``(A) a unit of the National Park System;
``(B) a unit of the National Wildlife Refuge System;
``(C) a recreational area managed by the Bureau of Land
Management; and
``(D) a recreation area managed by the Bureau of
Reclamation.
``(2) Federal land management agency.--The term `Federal
land management agency' means a Federal agency that manages
an eligible area.
``(3) Alternative transportation.--The term `alternative
transportation' means transportation by bus, rail, or any
other publicly or privately owned conveyance that provides to
the public general or special service on a regular basis,
including sightseeing service.
``(4) Qualified participant.--The term `qualified
participant' means--
``(A) a Federal land management agency; or
``(B) a State, tribal, or local governmental authority with
jurisdiction over land in the vicinity of an eligible area
acting with the consent of the Federal land management
agency, alone or in partnership with a Federal land
management agency or other Governmental or nongovernmental
participant.
``(5) Qualified project.--The term `qualified project'
means a planning or capital project in or in the vicinity of
an eligible area that--
``(A) is an activity described in section 5302, 5303, 5304,
5308, or 5309(a)(1)(A);
``(B) involves--
``(i) the purchase of rolling stock that incorporates clean
fuel technology or the replacement of buses of a type in use
on the date of enactment of this section with clean fuel
vehicles; or
``(ii) the deployment of alternative transportation
vehicles that introduce innovative technologies or methods;
``(C) relates to the capital costs of coordinating the
Federal land management agency public transportation systems
with other public transportation systems;
``(D) provides a nonmotorized transportation system
(including the provision of facilities for pedestrians,
bicycles, and nonmotorized watercraft);
``(E) provides waterborne access within or in the vicinity
of an eligible area, as appropriate to and consistent with
this section; or
``(F) is any other alternative transportation project
that--
``(i) enhances the environment;
``(ii) prevents or mitigates an adverse impact on a natural
resource;
``(iii) improves Federal land management agency resource
management;
``(iv) improves visitor mobility and accessibility and the
visitor experience;
``(v) reduces congestion and pollution (including noise
pollution and visual pollution); or
``(vi) conserves a natural, historical, or cultural
resource (excluding rehabilitation or restoration of a non-
transportation facility).
``(c) Federal Agency Cooperative Arrangements.--The
Secretary shall develop cooperative arrangements with the
Secretary of the Interior that provide for--
``(1) technical assistance in alternative transportation;
``(2) interagency and multidisciplinary teams to develop
Federal land management agency alternative transportation
policy, procedures, and coordination; and
``(3) the development of procedures and criteria relating
to the planning, selection, and funding of qualified projects
and the implementation and oversight of the program of
projects in accordance with this section.
``(d) Limitation on Use of Available Amounts.--
``(1) In general.--The Secretary, in consultation with the
Secretary of the Interior, may use not more than 10 percent
of the amount made available for a fiscal year

[[Page S4342]]

under section 5338(b)(2)(H) to carry out planning, research,
and technical assistance under this section, including the
development of technology appropriate for use in a qualified
project.
``(2) Additional amounts.--Amounts made available under
this subsection are in addition to amounts otherwise
available to the Secretary to carry out planning, research,
and technical assistance under this title or any other
provision of law.
``(3) Maximum amount.--No qualified project shall receive
more than 12 percent of the total amount made available to
carry out this section under section 5338(b)(2)(H) for any
fiscal year.
``(e) Planning Process.--In undertaking a qualified project
under this section--
``(1) if the qualified participant is a Federal land
management agency--
``(A) the Secretary, in cooperation with the Secretary of
the Interior, shall develop transportation planning
procedures that are consistent with--
``(i) the metropolitan planning provisions under section
5303 of this title;
``(ii) the statewide planning provisions under section 5304
of this title; and
``(iii) the public participation requirements under section
5307(e); and
``(B) in the case of a qualified project that is at a unit
of the National Park system, the planning process shall be
consistent with the general management plans of the unit of
the National Park system; and
``(2) if the qualified participant is a State or local
governmental authority, or more than one State or local
governmental authority in more than one State, the qualified
participant shall--
``(A) comply with the metropolitan planning provisions
under section 5303 of this title;
``(B) comply with the statewide planning provisions under
section 5304 of this title;
``(C) comply with the public participation requirements
under section 5307(e) of this title; and
``(D) consult with the appropriate Federal land management
agency during the planning process.
``(f) Cost Sharing.--
``(1) The Secretary, in cooperation with the Secretary of
the Interior, shall establish the agency share of net project
cost to be provided under this section to a qualified
participant.
``(2) In establishing the agency share of net project cost
to be provided under this section, the Secretary shall
consider--
``(A) visitation levels and the revenue derived from user
fees in the eligible area in which the qualified project is
carried out;
``(B) the extent to which the qualified participant
coordinates with a public transportation authority or private
entity engaged in public transportation;
``(C) private investment in the qualified project,
including the provision of contract services, joint
development activities, and the use of innovative financing
mechanisms;
``(D) the clear and direct benefit to the qualified
participant; and
``(E) any other matters that the Secretary considers
appropriate to carry out this section.
``(3) Notwithstanding any other provision of law, Federal
funds appropriated to any Federal land management agency may
be counted toward the non-agency share of the net project
cost of a qualified project.
``(g) Selection of Qualified Projects.--
``(1) The Secretary of the Interior, after consultation
with and in cooperation with the Secretary, shall determine
the final selection and funding of an annual program of
qualified projects in accordance with this section.
``(2) In determining whether to include a project in the
annual program of qualified projects, the Secretary of the
Interior shall consider--
``(A) the justification for the qualified project,
including the extent to which the qualified project would
conserve resources, prevent or mitigate adverse impact, and
enhance the environment;
``(B) the location of the qualified project, to ensure that
the selected qualified projects--
``(i) are geographically diverse nationwide; and
``(ii) include qualified projects in eligible areas located
in both urban areas and rural areas;
``(C) the size of the qualified project, to ensure that
there is a balanced distribution;
``(D) the historical and cultural significance of a
qualified project;
``(E) safety;
``(F) the extent to which the qualified project would--
``(i) enhance livable communities;
``(ii) reduce pollution (including noise pollution, air
pollution, and visual pollution);
``(iii) reduce congestion; and
``(iv) improve the mobility of people in the most efficient
manner; and
``(G) any other matters that the Secretary considers
appropriate to carry out this section, including--
``(i) visitation levels;
``(ii) the use of innovative financing or joint development
strategies; and
``(iii) coordination with gateway communities.
``(h) Qualified Projects Carried Out in Advance.--
``(1) When a qualified participant carries out any part of
a qualified project without assistance under this section in
accordance with all applicable procedures and requirements,
the Secretary, in consultation with the Secretary of the
Interior, may pay the share of the net capital project cost
of a qualified project if--
``(A) the qualified participant applies for the payment;
``(B) the Secretary approves the payment; and
``(C) before carrying out that part of the qualified
project, the Secretary approves the plans and specifications
in the same manner as plans and specifications are approved
for other projects assisted under this section.
``(2)(A) The cost of carrying out part of a qualified
project under paragraph (1) includes the amount of interest
earned and payable on bonds issued by a State or local
governmental authority, to the extent that proceeds of the
bond are expended in carrying out that part.
``(B) The rate of interest under this paragraph may not
exceed the most favorable rate reasonably available for the
qualified project at the time of borrowing.
``(C) The qualified participant shall certify, in a manner
satisfactory to the Secretary, that the qualified participant
has exercised reasonable diligence in seeking the most
favorable interest rate.
``(i) Relationship to Other Laws.--
``(1) Section 5307.--A qualified participant under this
section shall be subject to the requirements of sections 5307
and 5333(a) to the extent the Secretary determines to be
appropriate.
``(2) Other requirements.--A qualified participant under
this section is subject to any other terms, conditions,
requirements, and provisions that the Secretary determines to
be appropriate to carry out this section, including
requirements for the distribution of proceeds on disposition
of real property and equipment resulting from a qualified
project assisted under this section.
``(3) Project management plan.--If the amount of assistance
anticipated to be required for a qualified project under this
section is not less than $25,000,000--
``(A) the qualified project shall, to the extent the
Secretary considers appropriate, be carried out through a
full funding grant agreement, in accordance with section
5309(g); and
``(B) the qualified participant shall prepare a project
management plan in accordance with section 5327(a).
``(i) Asset Management.--The Secretary, in consultation
with the Secretary of the Interior, may transfer the interest
of the Department of Transportation in, and control over, all
facilities and equipment acquired under this section to a
qualified participant for use and disposition in accordance
with any property management regulations that the Secretary
determines to be appropriate.
``(j) Coordination of Research and Deployment of New
Technologies.--
``(1) The Secretary, in cooperation with the Secretary of
the Interior, may undertake, or make grants, cooperative
agreements, contracts (including agreements with departments,
agencies, and instrumentalities of the Federal Government) or
other transactions for research, development, and deployment
of new technologies in eligible areas that will--
``(A) conserve resources;
``(B) prevent or mitigate adverse environmental impact;
``(C) improve visitor mobility, accessibility, and
enjoyment; and
``(D) reduce pollution (including noise pollution and
visual pollution).
``(2) The Secretary may request and receive appropriate
information from any source.
``(3) Grants, cooperative agreements, contracts or other
transactions under paragraph (1) shall be awarded from
amounts allocated under subsection (c)(1).
``(k) Innovative Financing.--A qualified project receiving
financial assistance under this section shall be eligible for
funding through a state infrastructure bank or other
innovative financing mechanism available to finance an
eligible project under this chapter.
``(l) Reports.--
``(1) In general.--The Secretary, in consultation with the
Secretary of the Interior, shall annually submit a report on
the allocation of amounts made available to assist qualified
projects under this section to--
``(A) the Committee on Banking, Housing, and Urban Affairs
of the Senate; and
``(B) the Committee on Transportation and Infrastructure of
the House of Representatives.
``(2) Annual and supplemental reports.--The report required
under paragraph (1) shall be included in the report submitted
under section 5309(m).''.
(b) Conforming Amendments.--The table of sections for
chapter 53 is amended by inserting after the item relating to
section 5315 the following:

``5316. Alternative transportation in parks and public lands.''.

SEC. 6041. OBLIGATION CEILING.

Notwithstanding any other provision of law, the total of
all obligations from amounts made available from the Mass
Transit Account of the Highway Trust Fund by, and amounts
appropriated under, subsections (a) through (c) of section
5338 of title 49, United States Code, shall not exceed--
(1) $7,646,336,000 for fiscal year 2005;
(2) $8,208,645,000 for fiscal year 2006;
(3) $8,673,850,000 for fiscal year 2007;
(4) $9,477,988,000 for fiscal year 2008; and
(5) $10,327,303,000 for fiscal year 2009.

[[Page S4343]]

SEC. 6042. ADJUSTMENTS FOR THE SURFACE TRANSPORTATION
EXTENSION ACT OF 2004.

(a) In General.--Notwithstanding any other provision of
law, the Secretary shall reduce the total apportionments and
allocations made for fiscal year 2005 to each grant recipient
under section 5338 of title 49, United States Code, by the
amount apportioned to that recipient pursuant to section 8 of
the Surface Transportation Extension Act of 2004 part V (118
Stat. 1154).
(b) Fixed Guideway Modernization Adjustment.--In making the
apportionments described in subsection (a), the Secretary
shall adjust the amount apportioned for fiscal year 2005 to
each urbanized area for fixed guideway modernization to
reflect the apportionment method set forth in 5337(a) of
title 49, United States Code.

SEC. 6043. DISADVANTAGED BUSINESS ENTERPRISE.

Section 1821(a) of the Safe, Accountable, Flexible, and
Efficient Transportation Equity Act of 2005 shall apply to
all funds authorized or otherwise made available under this
title.
______