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‘‘(A) FINDINGS BY THE SECRETARY.—The 
Secretary may approve an application for finan-
cial assistance for a capital project in accord-
ance with this chapter only if the Secretary 
makes written findings, after reviewing the ap-
plication and the transcript of any hearing held 
before a State or local governmental authority 
under section 5323(b), that—
‘‘(i) 
an 
adequate 
opportunity 
to 
present views was given to all parties hav-
ing a significant economic, social, or envi-
ronmental interest; 
‘‘(ii) the preservation and enhance-
ment of the environment and the interest 
of the community in which the project is 
located were considered; and 
‘‘(iii) no adverse environmental effect 
is likely to result from the project, or no 
feasible and prudent alternative to the ef-
fect exists and all reasonable steps have 
been taken to minimize the effect. 
‘‘(B) HEARING.—If a hearing has not been 
conducted or the Secretary decides that the 
record of the hearing is inadequate for making 
the findings required by this subsection, the
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Secretary shall conduct a hearing on an envi-
ronmental issue raised by the application after 
giving adequate notice to interested persons. 
‘‘(C) AVAILABILITY
OF
FINDINGS.—The 
Secretary’s findings under subparagraph (A) 
shall be made a matter of public record.’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
chapter 53 is amended by striking the item relating to 
section 5324 and inserting the following:
‘‘5324. Special provisions for capital projects.’’.
SEC. 3025. CONTRACT REQUIREMENTS. 
(a) IN GENERAL.—Section 5325 is amended—
(1) by striking subsections (a) and (b) and in-
serting the following: 
‘‘(a) COMPETITION.—Recipients of Federal assist-
ance under this chapter shall conduct all procurement 
transactions involving such assistance in a manner pro-
viding full and open competition, as determined by the 
Secretary. 
‘‘(b) ARCHITECTURAL, ENGINEERING, AND DESIGN 
CONTRACTS.—
‘‘(1) 
PROCEDURES
FOR
AWARDING
CON-
TRACT.—A contract or requirement for program 
management, architectural engineering, construction 
management, a feasibility study, and preliminary en-
gineering, design, architectural, engineering, sur-
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veying, mapping, or related services for a project for 
which Federal assistance is provided under this 
chapter shall be awarded in the same way as a con-
tract for architectural and engineering services is ne-
gotiated under chapter 11 of title 40 or an equiva-
lent qualifications-based requirement of a State. 
‘‘(2) EFFECT
OF
STATE
LAWS.—This sub-
section does not apply to the extent a State has 
adopted, before the date of enactment of the Federal 
Public Transportation Act of 2005, by law a formal 
procedure for procuring those services. 
‘‘(3) ADMINISTRATION OF CONTRACTS.—When 
awarding such contracts, recipients of assistance 
under this chapter shall maximize efficiencies of ad-
ministration by accepting nondisputed audits con-
ducted by other governmental agencies as follows: 
‘‘(A) PERFORMANCE
OF
AUDITS.—Any 
contract or subcontract awarded under this 
chapter shall be performed and audited in com-
pliance with cost principles contained in the 
Federal Acquisition Regulation (part 31 of title 
48, Code of Federal Regulations). 
‘‘(B) INDIRECT COST RATES.—Instead of 
performing its own audits, a recipient of funds 
under a contract or subcontract awarded under
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this chapter shall accept indirect cost rates es-
tablished in accordance with the Federal Acqui-
sition Regulation for one-year applicable ac-
counting periods by a cognizant Federal or 
State government agency, if such rates are not 
currently under dispute. 
‘‘(C) APPLICATION
OF
RATES.—Once a 
firm’s indirect cost rates are accepted under 
this paragraph, the recipient of the funds shall 
apply such rates for the purposes of contract 
estimation, negotiation, administration, report-
ing, and contract payment and shall not be lim-
ited by administrative or de facto ceilings. 
‘‘(D) 
PRENOTIFICATION; 
CONFIDEN-
TIALITY
OF
DATA.—A recipient of funds re-
questing or using the cost and rate data de-
scribed in paragraph (3) shall notify any af-
fected firm before such request or use. Such 
data shall be confidential and shall not be ac-
cessible or provided, in whole or in part, to an-
other firm or to any government agency that is 
not part of the group of agencies sharing cost 
data under this paragraph, except by written 
permission of the audited firm. If prohibited by
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law, such cost and rate data shall not be dis-
closed under any circumstances.’’; and 
(2) by adding at the end the following: 
‘‘(d) DESIGN-BUILD SYSTEM PROJECTS.—
‘‘(1) DEFINITION.—In this section, the term 
‘design-build system project’ means a project under 
which a recipient enters into a contract with a seller, 
firm, or consortium of firms to design and build a 
public transportation system or an operable segment 
thereof that meets specific performance criteria. 
Such project may also include an option to finance, 
or operate for a period of time, the system or seg-
ment or any combination of designing, building, op-
erating, or maintaining such system or segment. 
‘‘(2) FINANCIAL ASSISTANCE.—Government fi-
nancial assistance under this chapter may be made 
available for the capital costs of a design-build sys-
tem project after the recipient complies with Govern-
ment requirements. 
‘‘(e) MULTIYEAR ROLLING STOCK.—
‘‘(1) CONTRACTS.—A recipient procuring roll-
ing stock with Government financial assistance 
under this chapter may make a multiyear contract 
to buy the rolling stock and replacement parts under 
which the recipient has an option to buy additional
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rolling stock or replacement parts for not more than 
5 years after the date of the original contract. 
‘‘(2) COOPERATION AMONG RECIPIENTS.—The 
Secretary shall allow at least 2 recipients to act on 
a cooperative basis to procure rolling stock in com-
pliance with this subsection and other Government 
procurement requirements. 
‘‘(f) ACQUIRING ROLLING STOCK.—A recipient of fi-
nancial assistance under this chapter may enter into a 
contract to expend that assistance to acquire rolling 
stock—
‘‘(1) based on—
‘‘(A) initial capital costs; or 
‘‘(B) performance, standardization, life 
cycle costs, and other factors; or 
‘‘(2) with a party selected through a competi-
tive procurement process. 
‘‘(g) EXAMINATION OF THE RECORDS.—Upon re-
quest, the Secretary, the Comptroller General, or a rep-
resentative of the Secretary or the Comptroller General 
shall have access to and the right to examine and inspect 
all records, documents, papers, including contracts, re-
lated to a project for which a grant is made under this 
chapter.
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‘‘(h) GRANT PROHIBITIONS.—A grant may not be 
used to support a procurement that uses an exclusionary 
or discriminatory specification. 
‘‘(i) 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. ’’. 
(b) CONFORMING AMENDMENTS.—Section 5326, and 
the item relating to section 5326 in the analysis for chap-
ter 53, are repealed. 
SEC. 3026. PROJECT MANAGEMENT OVERSIGHT AND RE-
VIEW. 
(a) 
PROJECT
MANAGEMENT
PLAN
REQUIRE-
MENTS.—Section 5327(a) is amended—
(1) by striking ‘‘and’’ at the end of paragraph 
(11); 
(2) by striking the period at the end of para-
graph (12) and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(13) safety and security management.’’. 
(b) LIMITATIONS.—Section 5327(c) is amended to 
read as follows: 
‘‘(c) LIMITATIONS.—
‘‘(1) LIMITATIONS
ON
USE
OF
AVAILABLE 
AMOUNTS.—The Secretary may use not more than
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.5 percent of amounts made available for a fiscal 
year to carry out section 5311, not more than .75 
percent of amounts made available for a fiscal year 
to carry out section 5307, and not more than 1 per-
cent of amounts made available for a fiscal year to 
carry out section 5309 to make contracts for the fol-
lowing activities: 
‘‘(A) To oversee the construction of a 
major project. 
‘‘(B) To review and audit the safety and 
security, procurement, management, and finan-
cial compliance of a recipient or subrecipient of 
funds under sections 5307, 5309, and 5311. 
‘‘(C) To provide technical assistance to 
correct deficiencies identified in compliance re-
views and audits carried out under this section. 
‘‘(2) LIMITATIONS
ON
APPLICABILITY.—Sub-
sections (a), (b), and (e) do not apply to contracts 
under this section for activities described in para-
graphs (1)(B) and (1)(C). 
‘‘(3) GOVERNMENT’S SHARE OF COSTS.—The 
Government shall pay the entire cost of carrying out 
a contract under this subsection.’’.
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SEC. 3027. INVESTIGATIONS OF SAFETY AND HAZARDS. 
(a) IN GENERAL.—Section 5329 is amended to read 
as follows: 
‘‘§ 5329. Investigation of safety and hazards 
‘‘(a) IN GENERAL.—The Secretary may investigate 
safety and security risks associated with a condition in 
equipment, a facility, or an operation financed under this 
chapter that the Secretary believes causes a serious hazard 
of death or injury to establish the nature and extent of 
the condition and how to eliminate, mitigate, or correct 
it. 
‘‘(b) PLANS
FOR ELIMINATING, MITIGATING, OR 
CORRECTING HAZARDS.—If the Secretary establishes that 
a condition causes a hazard, 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 FINANCIAL ASSISTANCE.—Fi-
nancial assistance under this chapter, in an amount to be 
determined by the Secretary, may be withheld until a plan 
is approved and carried out.’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
chapter 53 is amended by striking the item relating to 
section 5329 and inserting the following:
‘‘5329. Investigation of safety and hazards.’’.
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SEC. 3028. STATE SAFETY OVERSIGHT. 
(a) IN GENERAL.—Section 5330 is amended—
(1) by striking the section heading and all that 
follows through subsection (a) and inserting the fol-
lowing: 
‘‘§ 5330. State safety oversight 
‘‘(a) APPLICATION.—This section applies only to—
‘‘(1) States that have rail fixed guideway public 
transportation systems not subject to regulation by 
the Federal Railroad Administration; and 
‘‘(2) States that are designing rail fixed guide-
way public transportation systems that will not be 
subject to regulation by the Federal Railroad Ad-
ministration.’’; 
(2) in subsection (d) by inserting ‘‘shall ensure 
uniform safety standards and enforcement and’’ 
after ‘‘affected States’’; and 
(3) by striking subsection (f). 
(b) CONFORMING AMENDMENT.—The analysis for 
chapter 53 is amended by striking the item relating to 
section 5330 and inserting the following:
‘‘5330. State safety oversight.’’.
SEC. 3029. CONTROLLED SUBSTANCES AND ALCOHOL MIS-
USE TESTING. 
(a) DEFINITIONS.—Section 5331(a)(3) is amended 
by striking the period at the end and inserting the fol-
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lowing: ‘‘or section 2303a, 7101(i), or 7302(e) of title 46. 
The Secretary may also decide that a form of public trans-
portation 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 the 
Coast Guard.’’. 
(b) TECHNICAL CORRECTIONS.—Subsections (b)(1) 
and (g) of section 5331 are each amended by striking ‘‘or 
section 103(e)(4) of title 23’’. 
(c) REGULATIONS.—Section 5331(f) is amended by 
striking paragraph (3). 
SEC. 3030. EMPLOYEE PROTECTIVE ARRANGEMENTS. 
Section 5333(b)(1) is amended by striking ‘‘5318(d), 
5323(a)(1), (b), (d), and (e), 5328, 5337, and 5338(b)’’ 
each place it appears and inserting ‘‘5316, 5317, 5318, 
5320, 5323(a)(1), 5323(b), 5323(d), 5328, 5337, 
5338(b), 5338(g), and 5338(h)’’. 
SEC. 3031. ADMINISTRATIVE PROCEDURES. 
Section 5334 is amended—
(1) in subsection (a)—
(A) by striking ‘‘and’’ at the end of para-
graph (9); 
(B) by striking the period at the end of 
paragraph (10) and inserting ‘‘; and’’; and
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(C) by adding at the end the following: 
‘‘(11) issue regulations as necessary to carry 
out the purposes of this chapter.’’; 
(2) by striking subsection (i); 
(3) by redesignating subsections (b) through (h) 
as subsections (c) through (i), respectively; 
(4) by inserting after subsection (a) the fol-
lowing: 
‘‘(b) PROHIBITIONS AGAINST REGULATING OPER-
ATIONS AND CHARGES.—
‘‘(1) IN GENERAL.—Except for purposes of na-
tional defense or in the event of a national or re-
gional emergency, the Secretary may not regulate 
the operation, routes, or schedules of a public trans-
portation system for which a grant is made under 
this chapter, nor may the Secretary regulate the 
rates, fares, tolls, rentals, or other charges pre-
scribed by any provider of public transportation. 
‘‘(2) LIMITATION
ON
STATUTORY
CONSTRUC-
TION.—Nothing in this subsection shall be construed 
to prevent the Secretary from requiring a recipient 
of funds under this chapter to comply with the 
terms and conditions of its Federal assistance agree-
ment.’’;
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(5) in subsection (c)(4) (as redesignated by 
paragraph (3) of this section)—
(A) by striking ‘‘subsections (h) and (i)’’ 
and inserting ‘‘subsection (i)’’; and 
(B) 
by 
striking 
‘‘5323(c), 
5323(e), 
5324(c),’’; and 
(6) by adding at the end of subsection (c) (as 
redesignated by paragraph (3) of this section) the 
following: 
‘‘(5) NONREGULATORY
SUBSTANTIVE
POLICY 
STATEMENTS.—The Secretary shall provide notice 
and an opportunity for public comment at least 60 
days before issuing any nonregulatory substantive 
policy statements (regardless of the form of 
issuance), including guidance, policy statements, and 
regulatory interpretations.’’. 
SEC. 3032. NATIONAL TRANSIT DATABASE. 
(a) IN GENERAL.—Section 5335 is amended—
(1) by striking the section heading and insert-
ing the following: 
‘‘§ 5335. National transit database’’; 
(2) by striking subsection (b); and 
(3) in subsection (a)—
(A) by striking ‘‘(1) To help’’ and insert-
ing ‘‘To help’’; and
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(B) by striking ‘‘(2) The Secretary’’ and 
inserting ‘‘(b) REPORTING AND UNIFORM SYS-
TEMS.—The Secretary’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
chapter 53 is amended by striking the item relating to 
section 5335 and inserting the following:
‘‘5335. National transit database.’’.
SEC. 3033. APPORTIONMENTS BASED ON FIXED GUIDEWAY 
FACTORS. 
(a) DISTRIBUTION.—Section 5337 is amended—
(1) by striking the section designation and all 
that follows before paragraph (1) of subsection (a) 
and inserting the following: 
‘‘§ 5337. Apportionment based on fixed guideway fac-
tors 
‘‘(a) DISTRIBUTION.—The Secretary shall apportion 
amounts made available for fixed guideway modernization 
under sections 5338(b) and 5338(g) as follows:’’; 
(2) in subsection (a) by striking ‘‘(e)(1)’’ each 
place it appears and inserting ‘‘(e)’’; and 
(3) in subsection (a) by striking ‘‘(e)(2)’’ each 
place it appears and inserting ‘‘(e)’’. 
(b) ROUTE SEGMENTS TO BE INCLUDED IN APPOR-
TIONMENT FORMULAS.—Section 5337(e) is amended by 
striking paragraph (1) and all that follows through ‘‘(2) 
Other Standards.—’’.
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(c) CONFORMING AMENDMENT.—The item relating 
to section 5337 in the table of sections for chapter 53 is 
amended to read as follows:
‘‘5337. Apportionment based on fixed guideway factors.’’.
SEC. 3034. AUTHORIZATIONS. 
Section 5338 is amended to read as follows: 
‘‘§ 5338. Authorizations 
‘‘(a) FORMULA GRANTS.—
‘‘(1) FISCAL YEAR 2004.—
‘‘(A) FROM TRUST FUND.—There shall be 
available from the Mass Transit Account of the 
Highway Trust Fund to carry out sections 
5307, 5308, 5310, 5311, 5316, 5317, and 5318 
of this chapter, 1118(b) of the Transportation 
Equity Act: A Legacy for Users (relating to the 
nonmotorized transportation pilot program), 
and section 3038 of the Transportation Equity 
Act for the 21st Century (49 U.S.C. 5310 note; 
112 Stat. 392–393) $3,132,304,000 for fiscal 
year 2004. 
‘‘(B) FROM GENERAL FUND.—In addition 
to amounts made available under subparagraph 
(A), there are authorized to be appropriated to 
carry out sections 5307, 5308, 5310, 5311, 
5316, and 5318 of this chapter, 1118(b) of the 
Transportation Equity Act: A Legacy for Users
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(relating to the nonmotorized transportation 
pilot program), and section 3038 of the Trans-
portation Equity Act for the 21st Century (49 
U.S.C. 
5310 
note; 
112 
Stat. 
392–393) 
$783,076,000 for fiscal year 2004. 
‘‘(C) ALLOCATION OF FUNDS.—Of the ag-
gregate of amounts made available by and ap-
propriated under this paragraph for a fiscal 
year—
‘‘(i) $4,849,950 shall be available to 
the Alaska Railroad for improvements to 
its passenger operations under section 
5307; 
‘‘(ii) $125,000,000 shall be available 
to provide job access and reverse commute 
formula grants under section 5316; 
‘‘(iii) $50,000,000 shall be available 
to provide clean fuels formula grants under 
section 5308; 
‘‘(iv) $8,000,000 shall be available to 
provide 
over-the-road 
bus 
accessibility 
grants under section 3038 of the Trans-
portation Equity Act for the 21st Century 
(49 U.S.C. 5310 note);
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‘‘(v) $3,100,000 shall be available to 
carry out bus testing under section 5318; 
‘‘(vi) $93,110,751 shall be available to 
provide transportation services to elderly 
individuals and individuals with disabilities 
under section 5310; 
‘‘(vii) $297,954,404 shall be available 
to provide financial assistance for other 
than urbanized areas under section 5311; 
and 
‘‘(viii) $3,333,364,895 shall be avail-
able to provide financial assistance for ur-
banized areas under section 5307, subject 
to section 3041(h) of the Federal Public 
Transportation Act of 2005. 
‘‘(2) FISCAL YEARS 2005 THROUGH 2009.—
‘‘(A) FROM TRUST FUND.—There shall be 
available from the Mass Transit Account of the 
Highway Trust Fund to carry out sections 
5307, 5308, 5310, 5311, 5316, 5317, 5318, 
and 5320 of this chapter, section 3038 of the 
Transportation Equity Act for the 21st Century 
(49 U.S.C. 5310 note; 112 Stat. 392–393), and 
section 1118(b) of the Transportation Equity
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HR 3 PCS 
Act: A Legacy for Users (relating to the non-
motorized transportation pilot program)—
‘‘(i) $4,133,500,000 for fiscal year 
2005; 
‘‘(ii) $4,592,000,000 for fiscal year 
2006; 
‘‘(iii) $4,898,000,000 for fiscal year 
2007; 
‘‘(iv) $5,223,000,000 for fiscal year 
2008; and 
‘‘(v) $5,570,000,000 for fiscal year 
2009. 
‘‘(B) ALLOCATION
OF
FUNDS
FOR
BUS 
TESTING
AND
OVER-THE-ROAD
BUS
ACCESSI-
BILITY.—Of the aggregate of amounts made 
available by this paragraph for a fiscal year—
‘‘(i) $3,100,000 shall be available to 
carry out section 5318; and 
‘‘(ii) $8,000,000 shall be available to 
carry out section 3038 of the Transpor-
tation Equity Act for the 21st Century (49 
U.S.C. 5310 note). 
‘‘(C) ALLOCATION OF FUNDS FOR CLEAN 
FUELS FORMULA GRANT PROGRAM.—Of the ag-
gregate of amounts made available by this para-
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graph, $75,000,000 for fiscal year 2005 and 
$100,000,000 for each of fiscal years 2006, 
2007, 2008, and 2009 shall be available to 
carry out section 5308. 
‘‘(D) ALLOCATION OF FUNDS FOR JOB AC-
CESS AND REVERSE COMMUTE FORMULA GRANT 
PROGRAM.—Of the aggregate of amounts made 
available by this paragraph, $150,000,000 for 
fiscal year 2005, $175,000,000 for fiscal year 
2006, $200,000,000 for fiscal year 2007, 
$200,000,000 
for 
fiscal 
year 
2008, 
and 
$200,000,000 for fiscal year 2009 shall be 
available to carry out section 5316. 
‘‘(E) ALLOCATION
OF
FUNDS
FOR
NEW 
FREEDOM
PROGRAM.—Of the aggregate of 
amounts made available by this paragraph, 
$95,000,000 for fiscal year 2005, $100,000,000 
for fiscal year 2006, $105,000,000 for fiscal 
year 2007, $115,000,000 for fiscal year 2008, 
and $125,000,000 for fiscal year 2009 shall be 
available to carry out section 5317. 
‘‘(F) ALLOCATION OF FUNDS FOR TRANSIT 
IN THE PARKS PILOT PROGRAM.—Of the aggre-
gate of amounts made available by this para-
graph, 
$8,000,000 
for 
fiscal 
year 
2005,
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$16,000,000 for fiscal year 2006, $16,000,000 
for fiscal year 2007, $16,000,000 for fiscal year 
2008, and $16,000,000 for fiscal year 2009 
shall be available to carry out section 5320. 
‘‘(G) ALLOCATION
OF
FUNDS
FOR
NON-
MOTORIZED
TRANSPORTATION
PILOT
PRO-
GRAM.—Of the aggregate of amounts made 
available by this paragraph, $4,000,000 for fis-
cal year 2005, $4,000,000 for fiscal year 2006, 
$4,000,000 for fiscal year 2007, $8,000,000 for 
fiscal year 2008, and $8,000,000 for fiscal year 
2009 shall be available to carry out section 
1118(b) of the Transportation Equity Act: A 
Legacy for Users (relating to the nonmotorized 
transportation pilot program). 
‘‘(H) ALLOCATION
OF
FUNDS
FOR
THE 
ALASKA
RAILROAD.—Of 
the 
aggregate 
of 
amounts made available by this paragraph, 
$10,000,000 for fiscal year 2005, $11,000,000 
for fiscal year 2006, $12,000,000 for fiscal year 
2007, $13,000,000 for fiscal year 2008, and 
$14,000,000 for fiscal year 2009 shall be avail-
able to the Alaska Railroad for improvements to 
its passenger operations under section 5307.
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HR 3 PCS 
‘‘(I) REMAINDER.—Of the remainder of 
the aggregate amounts made available by this 
paragraph for a fiscal year after the allocations 
under subparagraphs (B) through (H) for such 
fiscal year—
‘‘(i) 2.5 percent shall be available to 
provide transportation services to elderly 
individuals and individuals with disabilities 
under section 5310; 
‘‘(ii) 8.0 percent shall be available to 
provide financial assistance for other than 
urbanized areas under section 5311; and 
‘‘(iii) 89.5 percent shall be available to 
provide financial assistance for urbanized 
areas under section 5307, subject to sec-
tion 3041(h) of the Federal Public Trans-
portation Act of 2005. 
‘‘(b) CAPITAL PROGRAM GRANTS IN FISCAL YEAR 
2004.—
‘‘(1) FROM TRUST FUND.—There shall be avail-
able from the Mass Transit Account of the Highway 
Trust 
Fund 
to 
carry 
out 
section 
5309, 
$2,499,504,000 for fiscal year 2004. 
‘‘(2) FROM
GENERAL
FUND.—In addition to 
amounts made available by paragraph (1), there is
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HR 3 PCS 
authorized to be appropriated to carry out section 
5309, $624,876,200 for fiscal year 2004. 
‘‘(c) PLANNING.—
‘‘(1) FISCAL YEAR 2004.—
‘‘(A) FROM TRUST FUND.—There shall be 
available from the Mass Transit Account of the 
Highway Trust Fund to carry out sections 
5303, 5304, and 5305, $72,660,000 for fiscal 
year 2004. 
‘‘(B) FROM GENERAL FUND.—In addition 
to amounts made available by subparagraph 
(A), there is authorized to be appropriated to 
carry out sections 5303, 5304, and 5305, 
$18,165,000 for fiscal year 2004. 
‘‘(2) FISCAL YEARS 2005 THROUGH 2009.—
‘‘(A) FROM
THE
TRUST
FUND.—There 
shall be available from the Mass Transit Ac-
count of the Highway Trust Fund to carry out 
sections 5303, 5304, and 5305—
‘‘(i) $96,875,000 for fiscal year 2005; 
‘‘(ii) $103,325,000 for fiscal year 
2006; 
‘‘(iii) $110,200,000 for fiscal year 
2007;
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‘‘(iv) $117,537,500 for fiscal year 
2008; and 
‘‘(v) $125,362,500 for fiscal year 
2009. 
‘‘(B) ALLOCATION
OF
FUNDS.—Of the 
funds made available by this paragraph for a 
fiscal year—
‘‘(i) 82.72 percent shall be available 
for metropolitan planning under sections 
5303, 
5304, 
and 
5305 
(other 
than 
5305(e)); and 
‘‘(ii) 17.28 percent shall be available 
for State planning under section 5305(e). 
‘‘(d) RESEARCH.—
‘‘(1) FISCAL YEAR 2004.—
‘‘(A) FROM TRUST FUND.—There shall be 
available from the Mass Transit Account of the 
Highway Trust Fund to carry out sections 
5311(b), 5312, 5313, 5314, 5315, 5322, and 
5335, $41,888,000 for fiscal year 2004. 
‘‘(B) FROM GENERAL FUND.—In addition 
to amounts made available by subparagraph 
(A), there is authorized to be appropriated to 
carry out sections 5311(b), 5312, 5313, 5314,
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HR 3 PCS 
5315, 5322, and 5335, $10,472,000 for fiscal 
year 2004. 
‘‘(C) ALLOCATION
OF
FUNDS.—Of the 
funds made available by or appropriated pursu-
ant to this paragraph for fiscal year 2004—
‘‘(i) not less than $4,500,000 shall be 
available to carry out programs under the 
National Transit Institute under section 
5315; 
‘‘(ii) not less than $3,500,000 shall be 
available to carry out section 5335; 
‘‘(iii) not less than $3,500,000 shall 
be 
available 
to 
carry 
out 
section 
5314(a)(2); and 
‘‘(iv) not less than $8,860,000 shall 
be available to carry out section 5313(a). 
‘‘(2) FISCAL YEARS 2005 THROUGH 2009.—
‘‘(A) FROM THE GENERAL FUND.—There 
is authorized to be appropriated to carry out 
sections 5312, 5313, 5314, 5315, 5322, and 
5335—
‘‘(i) $54,500,000 for fiscal year 2005; 
‘‘(ii) $57,000,000 for fiscal year 2006; 
‘‘(iii) $59,500,000 for fiscal year 
2007;
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‘‘(iv) $62,000,000 for fiscal year 
2008; and 
‘‘(v) $64,500,000 for fiscal year 2009. 
‘‘(B) ALLOCATION
OF
FUNDS.—Of the 
funds appropriated pursuant to this paragraph 
for a fiscal year—
‘‘(i) not less than $4,500,000 shall be 
available to carry out programs under the 
National Transit Institute under section 
5315; 
‘‘(ii) not less than $3,500,000 shall be 
available to carry out section 5335; and 
‘‘(iii) not less than $3,500,000 shall 
be 
available 
to 
carry 
out 
section 
5314(a)(2). 
‘‘(C) TRANSIT
COOPERATIVE
RESEARCH 
PROGRAM.—Of the funds appropriated pursu-
ant to this paragraph, $9,000,000 for fiscal 
year 2005, $9,500,000 for fiscal year 2006, 
$10,000,000 for fiscal year 2007, $10,500,000 
for fiscal year 2008, and $11,000,000 for fiscal 
year 2009 shall be available to carry out section 
5313(a). 
‘‘(D) REMAINDER.—The remainder of the 
funds appropriated pursuant to this paragraph
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for a fiscal year after the allocations under sub-
paragraphs (A) and (B) for such fiscal year 
shall be available to carry out national research 
and technology programs under sections 5312, 
5314, and 5322. 
‘‘(e) UNIVERSITY TRANSPORTATION RESEARCH.—
‘‘(1) FISCAL YEAR 2004.—
‘‘(A) FROM TRUST FUND.—There shall be 
available from the Mass Transit Account of the 
Highway Trust Fund to carry out sections 
5505 and 5506, $6,400,000 for fiscal year 
2004. 
‘‘(B) FROM GENERAL FUND.—In addition 
to amounts made available by subparagraph 
(A), there is authorized to be appropriated to 
carry out sections 5505 and 5506, $1,600,000 
for fiscal year 2004. 
‘‘(2) FISCAL YEARS 2005 THROUGH 2009.—Sub-
ject to paragraph (3), there is authorized to be ap-
propriated to carry out sections 5505 and 5506, 
$8,000,000 for each of fiscal years 2005 through 
2009. 
‘‘(3) FUNDING
OF
UNIVERSITY
TRANSPOR-
TATION CENTERS.—
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‘‘(A) IN GENERAL.—Of the amounts made 
available by and appropriated under paragraphs 
(1) and (2) $2,000,000 for each of fiscal years 
2004, 2005, and 2006 shall be available for the 
institution identified in section 5505(j)(3)(E), 
as so in effect. 
‘‘(B) USE OF FUNDS.—Funds made avail-
able for the institution identified in subpara-
graph (A)(iii) shall be used to make grants 
under 5506(f)(5) for that institution 
‘‘(C) SPECIAL RULE.—Nothing in this sub-
section shall be construed to limit the transpor-
tation research conducted by the centers funded 
by this section. 
‘‘(f) ADMINISTRATION.—
‘‘(1) FISCAL YEAR 2004.—
‘‘(A) FROM TRUST FUND.—There shall be 
available from the Mass Transit Account of the 
Highway Trust Fund to carry out section 5334, 
$60,044,000 for fiscal year 2004. 
‘‘(B) FROM GENERAL FUND.—In addition 
to amounts made available under subparagraph 
(A), there are authorized to be appropriated to 
carry out section 5334, $15,011,000 for fiscal 
year 2004.
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‘‘(2) FISCAL
YEARS
2005
THROUGH
2009.—
There are authorized to be appropriated to carry out 
section 5334—
‘‘(A) $78,000,000 for fiscal year 2005; 
‘‘(B) $80,000,000 for fiscal year 2006; 
‘‘(C) $82,000,000 for fiscal year 2007; 
‘‘(D) $84,000,000 for fiscal year 2008; 
and 
‘‘(E) $86,000,000 for fiscal year 2009. 
‘‘(g) TRUST FUND CAPITAL PROGRAM GRANTS.—
There shall be available from the Mass Transit Account 
of the Highway Trust Fund to carry out sections 
5309(m)(2)(B)(i) and 5309(m)(2)(B)(iii)—
‘‘(1) $1,884,255,000 for fiscal year 2005; 
‘‘(2) $2,080,005,000 for fiscal year 2006; 
‘‘(3) $2,210,580,000 for fiscal year 2007; 
‘‘(4) $2,366,677,500 for fiscal year 2008; and 
‘‘(5) $2,518,882,500 for fiscal year 2009. 
‘‘(h) GENERAL FUND CAPITAL PROGRAM GRANTS.—
There are authorized to be appropriated to carry out sec-
tions 5309(m)(2)(A) and 5309(m)(2)(B)(ii)—
‘‘(1) $1,391,170,000 for fiscal year 2005; 
‘‘(2) $1,561,670,000 for fiscal year 2006; 
‘‘(3) $1,673,720,000 for fiscal year 2007; 
‘‘(4) $1,777,785,000 for fiscal year 2008; and
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‘‘(5) $1,904,255,000 for fiscal year 2009. 
‘‘(i) GRANTS AS CONTRACTUAL OBLIGATIONS.—
‘‘(1) GRANTS FINANCED FROM HIGHWAY TRUST 
FUND.—A grant or contract approved by the Sec-
retary, that is financed with amounts made available 
under subsection (a)(l)(A), (a)(2), (b)(1), (c)(2), 
(d)(1)(A), (e)(1)(A), (f)(1)(A), or (g) is a contrac-
tual obligation of the Government to pay the Gov-
ernment’s share of the cost of the project. 
‘‘(2) 
GRANTS
FINANCED
FROM
GENERAL 
FUND.—A grant or contract, approved by the Sec-
retary, that is financed with amounts made available 
under 
subsection 
(a)(l)(B), 
(b)(2), 
(c)(1)(B), 
(d)(1)(B), (d)(2), (e)(1)(B), (e)(2), (f)(1)(B), (f)(2), 
or (h) is a contractual obligation of the Government 
to pay the Government’s share of the cost of the 
project only to the extent that amounts are provided 
in advance in an appropriations Act. 
‘‘(j) AVAILABILITY OF AMOUNTS.—Amounts made 
available by or appropriated under subsections (a) through 
(h) shall remain available until expended.’’. 
SEC. 3035. OVER-THE-ROAD BUS ACCESSIBILITY PROGRAM. 
(a) IN GENERAL.—Section 3038 of the Transpor-
tation Equity Act for the 21st Century (49 U.S.C. 5310 
note; 112 Stat. 392) is amended—
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(1) by striking the section heading and insert-
ing the following: 
‘‘SEC. 3038. OVER-THE-ROAD BUS ACCESSIBILITY PRO-
GRAM.’’; 
(2) by striking subsection (e) and inserting the 
following: 
‘‘(e) FEDERAL SHARE
OF COSTS.—The Federal 
share of costs under this section shall be provided from 
funds made available to carry out this section. The Fed-
eral share of the costs for a project shall not exceed 80 
percent of the project cost.’’; and 
(3) by striking subsection (g) and inserting the 
following: 
‘‘(g) FUNDING.—
‘‘(1) INTERCITY, FIXED ROUTE OVER-THE-ROAD 
BUS SERVICE.—Of the amounts made available to 
carry out this section in each fiscal year, 75 percent 
shall be available 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 Depart-
ment of Transportation’s final rule regarding acces-
sibility of over-the-road buses. Such amounts shall 
remain available until expended.
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‘‘(2) OTHER OVER-THE-ROAD BUS SERVICE.—
Of the amounts made available to carry out this sec-
tion in each fiscal year, 25 percent shall be available 
for operators of other over-the-road bus service to fi-
nance the incremental capital and training costs of 
the Department of Transportation’s final rule re-
garding accessibility of over-the-road buses. Such 
amounts shall remain available until expended.’’. 
(b) CONFORMING AMENDMENTS.—The table of con-
tents contained in section 1(b) of the Transportation Eq-
uity Act for the 21st Century (112 Stat. 107) is amended 
by striking the item relating to section 3038 and inserting 
the following:
‘‘3038. Over-the-road bus accessibility program.’’.
SEC. 3036. UPDATED TERMINOLOGY. 
(a) AMENDMENTS TO CHAPTER 53.—Chapter 53 is 
amended—
(1) in the chapter heading by striking ‘‘MASS’’ 
and inserting ‘‘PUBLIC’’; 
(2) in section 5310(h) by striking ‘‘Mass’’ and 
inserting ‘‘Public’’; 
(3) in the subsection heading for section 
5331(b) by striking ‘‘MASS’’ and inserting ‘‘PUB-
LIC’’; and 
(4) by striking ‘‘mass’’ each place it appears in 
such chapter before ‘‘transportation’’ and inserting
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HR 3 PCS 
‘‘public’’, except in sections 5301(f), 5302(a)(7), 
5315, 5323(a)(1), and 5323(a)(1)(B). 
(b) TABLE OF CHAPTERS.—The table of chapters for 
subtitle III is amended in the item relating to chapter 53 
by striking ‘‘MASS’’ and inserting ‘‘PUBLIC’’. 
SEC. 3037. PROJECT AUTHORIZATIONS FOR NEW FIXED 
GUIDEWAY CAPITAL PROJECTS. 
(a) EXISTING
FULL
FUNDING
GRANT
AGREE-
MENTS.—The following projects are authorized for final 
design and construction for existing full funding grant 
agreements in not less than the amount specified for each 
fiscal year: 
(1) Baltimore—Central LRT Double Tracking 
$39,367,154 for fiscal year 2004, $28,777,920 for 
fiscal year 2005, and $12,655,664 for fiscal year 
2006. 
(2) Chicago—Chicago Transit Authority Doug-
las Branch Reconstruction $83,655,202 for fiscal 
year 2004, $84,320,000 for fiscal year 2005, and 
$45,825,190 for fiscal year 2006. 
(3) 
Chicago—Chicago 
Transit 
Authority 
Ravenswood Expansion Project $9,841,789 for fiscal 
year 2004, $39,680,000 for fiscal year 2005, 
$40,000,000 for fiscal year 2006, $40,000,000 for
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HR 3 PCS 
fiscal year 2007, $40,000,000 for fiscal year 2008, 
and $65,152,615 for fiscal year 2009. 
(4) Cleveland—Euclid Corridor Transportation 
Project 
$10,825,967 
for 
fiscal 
year 
2004, 
$24,800,000 for fiscal year 2005, and $24,974,513 
for fiscal year 2006. 
(5) Dallas—North Central LRT Extension 
$29,684,097 for fiscal year 2004. 
(6) 
Denver 
Southeast 
Corridor 
LRT 
$78,734,308 for fiscal year 2004, $79,360,000 for 
fiscal year 2005, $80,000,000 for fiscal year 2006, 
$80,000,000 for fiscal year 2007, and $77,192,758 
for fiscal year 2008. 
(7) Fort Lauderdale—Tri-Rail Commuter Rail 
Upgrade $18,118,733 for fiscal year 2004 and 
$11,318,230 for fiscal year 2005. 
(8) Los Angeles—Metro Gold Line Eastside 
Extension 
$59,520,000 
for 
fiscal 
year 
2005, 
$80,000,000 for fiscal year 2006, $100,000,000 for 
fiscal year 2007, $80,000,000 for fiscal year 2008, 
and $80,000,000 for fiscal year 2009. 
(9) 
Memphis—Medical 
Center 
Extension 
$9,101,281 for fiscal year 2004. 
(10) Metra North Central Corridor Commuter 
Rail $19,177,300 for fiscal year 2004, $24,084,000
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HR 3 PCS 
for fiscal year 2005, and $18,476,237 for fiscal year 
2006. 
(11) Metra South West Corridor Commuter 
Rail $15,000,000 for fiscal year 2004, $15,500,000 
for fiscal year 2005, and $11,781,395 for fiscal year 
2006. 
(12) Metra Union Pacific West Line Extension 
$17,000,000 for fiscal year 2004, $12,000,000 for 
fiscal year 2005, and $14,285,749 for fiscal year 
2006. 
(13) Minneapolis—Hiawatha Corridor LRT 
$73,793,730 for fiscal year 2004 and $33,428,865 
for fiscal year 2005. 
(14) New Jersey Urban Core—Hudson-Bergen 
LRT MOS–2 $98,417,885 for fiscal year 2004, 
$99,200,000 for fiscal year 2005, $100,000,000 for 
fiscal year 2006, $100,000,000 for fiscal year 2007, 
and $53,202,995 for fiscal year 2008. 
(15) New Jersey Urban Core—Newark-Eliza-
beth Rail Link MOS–1 $22,209,000 for fiscal year 
2004, 
$316,907 
for 
fiscal 
year 
2005, 
and 
$1,025,169 for fiscal year 2006. 
(16) New Orleans MOS–1 Canal Street 
$22,922,877 for fiscal year 2004 and $16,613,047 
for fiscal year 2005.
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HR 3 PCS 
(17) Phoenix—Central Phoenix/East Valley 
LRT $12,794,325 for fiscal year 2004, $74,400,000 
for fiscal year 2005, $90,000,000 for fiscal year 
2006, 
$90,000,000 
for 
fiscal 
year 
2007, 
$90,000,000 for fiscal year 2008, and $90,000,000 
for fiscal year 2009. 
(18) Pittsburgh—Stage II LRT Reconstruction 
$31,733,314 for fiscal year 2004 and $1,131,666 for 
fiscal year 2005. 
(19) Portland—Interstate MAX LRT Exten-
sion $76,273,861 for fiscal year 2004, $23,292,160 
fiscal year 2005, and $18,292,550 for fiscal year 
2006. 
(20) 
Salt 
Lake 
City—Medical 
Center 
$30,178,231 for fiscal year 2004 and $8,765,421 for 
fiscal year 2005. 
(21) San Diego—Mission Valley East LRT Ex-
tension 
$63,971,625 
for 
fiscal 
year 
2004, 
$80,986,880 for fiscal year 2005, and $8,353,424 
for fiscal year 2006. 
(22) San Diego—Oceanside Escondido Rail 
Corridor 
$47,240,585 
for 
fiscal 
year 
2004, 
$54,560,000 fiscal year 2005, and $12,651,061 for 
fiscal year 2006.
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HR 3 PCS 
(23) San Francisco—BART Extension to San 
Francisco Airport $98,417,890 for fiscal year 2004, 
$99,200,000 fiscal year 2005, and $82,655,680 for 
fiscal year 2006. 
(24) San Juan—Tren Urbano $19,683,577 for 
fiscal year 2004, $44,263,040 fiscal year 2005, and 
$10,555,900 for fiscal year 2006. 
(25) Seattle—Central Link Initial Segment 
LRT $73,813,414 for fiscal year 2004, $79,360,000 
for fiscal year 2005, $80,000,000 for fiscal year 
2006, 
$80,000,000 
for 
fiscal 
year 
2007, 
$70,000,000 for fiscal year 2008, and $24,028,149 
for fiscal year 2009. 
(26) Washington DC/MD—Largo Metrorail Ex-
tension $63,971,625 for fiscal year 2004 and 
$76,156,450 for fiscal year 2005. 
(b) FINAL DESIGN AND CONSTRUCTION.—The fol-
lowing projects are authorized for final design and con-
struction for fiscal years 2004 through 2009 under para-
graphs (1)(B), (2)(A), and (2)(B)(ii) of section 5309(m) 
of title 49, United States Code: 
(1) Baltimore—MARC Commuter Rail Im-
provements. 
(2) Boston—Silver Line BRT Phase III. 
(3) Charlotte—South Corridor LRT.
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HR 3 PCS 
(4) Dallas Area Rapid Transit—Northwest-
Southeast LRT Extension. 
(5) Delaware—Wilmington-Newark Commuter 
Rail Improvements. 
(6) Denver—West Corridor LRT. 
(7) El Paso—Rapid Transit (SMART) Starter 
Line. 
(8) Harrisburg—Corridor One Commuter Rail 
(MOS–1). 
(9) Kansas City, Missouri—Southtown BRT. 
(10) Las Vegas—Resort Corridor Downtown 
Extension Project. 
(11) Los Angeles MTA—Exposition LRT. 
(12) Miami-Dade Transit—North Corridor. 
(13) Minneapolis—North Star Corridor. 
(14) Nashua—Commuter Rail. 
(15) Nashville, Tennessee Commuter Rail. 
(16) New Britain-Hartford Busway Project. 
(17) New Orleans—Desire Corridor Streetcar. 
(18) New York—Long Island Railroad East 
Side Access Project. 
(19) New York—Second Avenue Subway. 
(20) Norfolk Light Rail. 
(21) Northern Virginia—Dulles Corridor Ex-
tension to Wiehle Avenue (Phase 1).
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HR 3 PCS 
(22) Orange County, California—Rapid Transit 
Project. 
(23) Philadelphia—Schuylkill Valley MetroRail. 
(24) Pittsburgh—North Shore Connector. 
(25) Portland, Oregon—South Corridor I–205/
Portland Mall LRT. 
(26) Providence—South County Commuter 
Rail. 
(27) Sacramento—South Corridor LRT Exten-
sion (Phase 2), Meadowview to Consumnes River 
College. 
(28) Salt Lake City—Weber County to Salt 
Lake City Commuter Rail. 
(29) San Diego—Mid-Coast Extension. 
(30) San Francisco Muni—Third Street LRT-
Phase I/II. 
(31) Santa Clara Valley Transit Authority—Sil-
icon Valley Rapid Transit Corridor. 
(32) Tampa Bay—Regional Rail. 
(33) Triangle Transit Authority, North Caro-
lina—Regional Rail Project. 
(34) Washington County, Oregon—Wilsonville 
to Beaverton Commuter Rail. 
(35) 
Wasilla-Girdwood, 
Alaska—Commuter 
Rail.
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(c) ALTERNATIVES ANALYSIS AND PRELIMINARY EN-
GINEERING.—The following projects are authorized for al-
ternatives analysis and preliminary engineering for fiscal 
years 2004 through 2009 under paragraphs (1)(B), 
(2)(A), and (2)(B)(ii) of section 5309(m) of title 49, 
United States Code: 
(1) Alameda, California—Fixed Guideway Cor-
ridor Project. 
(2) Albuquerque—High Capacity Corridor. 
(3) Ann Arbor/Detroit—Commuter Rail. 
(4) Atlanta—MARTA Memorial Drive Bus 
Rapid Transit. 
(5) Atlanta—GRTA I–75 Corridor, Downtown 
Atlanta—Cherokee County. 
(6) Atlanta—Georgia 400 North Line Corridor 
Project. 
(7) Atlanta—Belt Line C–Loop. 
(8) Atlanta—West Line I–20 Corridor Project. 
(9) Austin—San Antonio I–35 Commuter Rail. 
(10) Austin—Rapid Bus Project. 
(11) Austin—Urban Commuter Rail. 
(12) Baltimore Red Line Transit Project. 
(13) Baltimore—Green Line Transit Project. 
(14) Baton Rouge—Bus Rapid Transit.
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(15) Bernillo-Santa Fe—New Mexico Com-
muter Rail. 
(16) Birmingham, Alabama—Transit Corridor. 
(17) Boise—Downtown Circulator. 
(18) Boston—Lechmere Transit Improvement 
to Somerville and Medford. 
(19) Boston—North Shore Corridor and Blue 
Line Extension. 
(20) Boston—North/South Rail Link. 
(21) Boston—Urban Ring BRT. 
(22) 
Bridgeport, 
Connecticut—Bridgeport 
Intermodal Facility. 
(23) Broward County, Florida—Bus Rapid 
Transit. 
(24) Central Florida Commuter Rail System. 
(25) Central Phoenix—East Valley Corridor 
LRT Extensions. 
(26) Charlotte—North Corridor Project. 
(27) Charlotte—Northeast Corridor Project. 
(28) Charlotte—South Corridor LRT extension 
to Rock Hill, South Carolina. 
(29) Charlotte—Southeast Corridor Project. 
(30) Charlotte—West Corridor Project. 
(31) Charlotte—Center City Streetcar Project. 
(32) Chicago—Cermack Road BRT.
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HR 3 PCS 
(33) Chicago CTA—Red Line Extension. 
(34) Chicago CTA—Chicago Transit Hub (Cir-
cle Line-Ogden Streetcar). 
(35) Chicago CTA—Orange Line Extension 
(Midway Airport to Ford City). 
(36) Chicago CTA—Southeast Service-La Salle 
Street Station to Baltimore Race Track. 
(37) Chicago CTA—Yellow Line Extension 
(Dempster-Old Orchard). 
(38) Chula Vista, California—Bus Rapid Tran-
sit. 
(39) Clark County, Washington—MAX Exten-
sion. 
(40) Cleveland-Akron-Canton (Northeast Ohio) 
Commuter Rail. 
(41) Columbia, South Carolina—Light Rail. 
(42) Contra-Costa—BART Extension. 
(43) Corpus Christi—Downtown Rail Trolley. 
(44) Dallas Area Rapid Transit—Dallas Cen-
tral Business District. 
(45) Dallas Area Rapid Transit—Rowlett LRT 
Extension. 
(46) Dallas Area Rapid Transit—Beltline to 
DFW Airport.