H. R. 3—478
of enactment of the Federal Public Transportation Act of 2005, 
an equivalent State qualifications-based requirement for con-
tracting for architectural, engineering, and design services. 
‘‘(3) ADDITIONAL REQUIREMENTS.—When awarding a con-
tract described in paragraph (1), recipients of assistance under 
this chapter shall comply with the following requirements: 
‘‘(A) PERFORMANCE OF AUDITS.—Any contract or sub-
contract 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 (com-
monly known as the Federal Acquisition Regulation). 
‘‘(B) INDIRECT COST RATES.—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 govern-
ment agency, if such rates are not currently under dispute. 
‘‘(C) APPLICATION OF RATES.—After a firm’s indirect 
cost rates are accepted under subparagraph (B), the 
recipient of the funds shall apply such rates for the pur-
poses of contract estimation, negotiation, administration, 
reporting, and contract payment, and shall not be limited 
by administrative or de facto ceilings. 
‘‘(D) PRENOTIFICATION; CONFIDENTIALITY OF DATA.—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 con-
fidential and shall not be accessible or provided by the 
group of agencies sharing cost data under this subpara-
graph, 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 pur-
poses of this chapter, including improved long-term operating effi-
ciency and lower long-term costs. 
‘‘(d) DESIGN-BUILD PROJECTS.—
‘‘(1) TERM DEFINED.—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 a public transportation system, or 
an operable segment of such 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) MULTIYEAR ROLLING STOCK.—
‘‘(1) CONTRACTS.—A recipient procuring rolling stock with 
Government financial assistance under this chapter may make 
a multiyear contract to buy the rolling stock and replacement
H. R. 3—479
parts under which the recipient has an option to buy additional 
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 two recipients to act on a cooperative basis 
to procure rolling stock in compliance with this subsection 
and other Government procurement requirements. 
‘‘(f) ACQUIRING ROLLING STOCK.—A recipient of financial assist-
ance 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 competitive procure-
ment process. 
‘‘(g) 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. 
‘‘(h) GRANT PROHIBITION.—A grant awarded under this chapter 
or the Federal Public Transportation Act of 2005 may not be used 
to support a procurement that uses an exclusionary or discrimina-
tory 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. 
‘‘(j) 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(l)(2); and 
‘‘(D) the contractor’s financial and technical resources.’’. 
(b) CONFORMING AMENDMENT.—Section 5326 and the item 
relating to section 5326 in the analysis for chapter 53 are repealed. 
SEC. 3026. 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.—Section 5327(c) is amended to read as follows: 
‘‘(c) LIMITATIONS.—
‘‘(1) LIMITATIONS ON USE OF AVAILABLE AMOUNTS.—Of the 
amounts made available to carry out this chapter for a fiscal
H. R. 3—480
year, the Secretary may use not more than the following 
amounts to make contracts for the activities described in para-
graph (2): 
‘‘(A) 0.5 percent of amounts made available to carry 
out section 5305. 
‘‘(B) 0.75 percent of amounts made available to carry 
out section 5307. 
‘‘(C) 1 percent of amounts made available to carry 
out section 5309. 
‘‘(D) 0.5 percent of amounts made available to carry 
out section 5310. 
‘‘(E) 0.5 percent of amounts made available to carry 
out section 5311. 
‘‘(F) 0.5 percent of amounts made available to carry 
out section 5320. 
‘‘(2) ACTIVITIES.—Paragraph (1) shall apply to the following: 
‘‘(A) Activities to oversee the construction of a major 
project. 
‘‘(B) Activities to review and audit the safety and secu-
rity, procurement, management, and financial compliance 
of a recipient or subrecipient of funds under sections 5305, 
5307, 5309, 5310, 5311, and 5320. 
‘‘(C) Activities to provide technical assistance to correct 
deficiencies identified in compliance reviews and audits 
carried out under this section. 
‘‘(3) LIMITATIONS ON APPLICABILITY.—Subsections (a), (b), 
and (e) do not apply to contracts under this section for activities 
described in paragraphs (2)(B) and (2)(C). 
‘‘(4) GOVERNMENT’S
SHARE
OF
COSTS.—The Government 
shall pay the entire cost of carrying out a contract under 
this subsection. 
‘‘(5) AVAILABILITY OF CERTAIN FUNDS.—Beginning in fiscal 
year 2006, funds available under paragraph (1)(C) shall be 
made available to the Secretary before allocating the funds 
appropriated to carry out any project under a full funding 
grant agreement or project construction grant agreement.’’. 
SEC. 3027. PROJECT REVIEW. 
Section 5328(a) is amended—
(1) 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 in’’ and 
inserting the following: 
‘‘(1) 
ALTERNATIVES
ANALYSIS.—The 
Secretary 
shall 
cooperate with an applicant undertaking an alternatives anal-
ysis required by subsections (d) and (e) of section 5309 in 
the’’; and 
(2) in paragraph (2)—
(A) by striking ‘‘(2) After’’ and inserting the following: 
‘‘(2) ADVANCEMENT TO PRELIMINARY ENGINEERING STAGE.—
After’’; and 
(B) by striking ‘‘is consistent with section 5309(e)’’ and 
inserting ‘‘meets the requirements of subsection (d) or (e) 
of section 5309’’; 
(3) in paragraph (3)—
H. R. 3—481
(A) by striking ‘‘(3) The Secretary’’ and inserting the 
following: 
‘‘(3) RECORD OF DECISION.—The Secretary’’; 
(B) by striking ‘‘of construction’’; and 
(C) by adding before the period at the end the following: 
‘‘if the Secretary determines that the project meets the 
requirements of subsection (d) or (e) of section 5309’’; and 
(4) by striking paragraph (4) and inserting the following: 
‘‘(4) FUNDING AGREEMENTS.—The Secretary shall enter into 
a full funding grant agreement or project construction grant 
agreement, as appropriate, between the Government and the 
project sponsor if the Secretary determines that the project 
meets the requirements of subsection (d) or (e) of section 5309.’’. 
SEC. 3028. INVESTIGATIONS OF SAFETY HAZARDS AND SECURITY 
RISKS. 
(a) IN GENERAL.—Section 5329 is amended to read as follows: 
‘‘§ 5329. Investigations 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. 
‘‘(b) SUBMISSION OF CORRECTIVE PLAN.—If the Secretary estab-
lishes that a safety hazard or security risk warrants further protec-
tive 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 FINANCIAL ASSISTANCE.—Financial assist-
ance under this chapter, in an amount to be determined by the 
Secretary, may be withheld until a plan is approved and carried 
out.’’. 
(b) PUBLIC TRANSPORTATION SECURITY.—
(1) IN GENERAL.—Not later than 45 days after the date 
of enactment of this Act, the Secretary shall execute an annex 
to the memorandum of understanding between the Secretary 
and the Secretary of Homeland Security, dated September 28, 
2004, to define and clarify the respective roles and responsibil-
ities of the Department of Transportation and the Department 
of Homeland Security relating to public transportation security. 
(2) CONTENTS.—The annex to be executed under paragraph 
(1) shall—
(A) establish a process to develop security standards 
for public transportation agencies; 
(B) create a method of direct coordination with public 
transportation agencies on security matters; 
(C) address any other issues determined to be appro-
priate by the Secretary and the Secretary of Homeland 
Security; and 
(D) include a formal and permanent mechanism to 
ensure coordination and involvement by the Department 
of Transportation, as appropriate, in public transportation 
security. 
(c) RULEMAKING.—Not later than 180 days after the date of 
enactment of this Act, the Secretary and the Secretary of Homeland 
Security shall issue jointly final regulations to establish the
H. R. 3—482
characteristics of and requirements for public transportation secu-
rity grants, including funding priorities, eligible activities, methods 
for awarding grants, and limitations on administrative expenses. 
(d) CHAPTER ANALYSIS.—The analysis for chapter 53 is amended 
by striking the item relating to section 5329 and inserting the 
following:
‘‘5329. Investigations of safety hazards and security risks.’’.
SEC. 3029. 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 following: 
‘‘§ 5330. State safety oversight 
‘‘(a) APPLICATION.—This section shall only apply to—
‘‘(1) States that have rail fixed guideway public transpor-
tation 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 subject to regulation 
by the Federal Railroad Administration.’’; 
(2) in subsection (d) by striking ‘‘may’’ and inserting ‘‘shall 
ensure uniform safety standards and enforcement or shall’’; 
and 
(3) by striking subsection (f). 
(b) CHAPTER ANALYSIS.—The analysis for chapter 53 is amended 
by striking the item relating to section 5330 and inserting the 
following:
‘‘5330. State safety oversight.’’.
SEC. 
3030. 
CONTROLLED 
SUBSTANCES 
AND 
ALCOHOL 
MISUSE 
TESTING. 
(a) DEFINITIONS.—Section 5331(a)(3) is amended by striking 
the period at the end and inserting the following: ‘‘or section 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 the Coast Guard.’’. 
(b) TECHNICAL CORRECTIONS.—Subsections (b)(1) and (g) of sec-
tion 5331 are each amended by striking ‘‘or section 103(e)(4) of 
title 23’’. 
(c) REGULATIONS.—Section 5331(f) is amended by striking para-
graph (3). 
SEC. 3031. EMPLOYEE PROTECTIVE ARRANGEMENTS. 
Section 5333(b) is amended—
(1) in paragraph (1) by striking ‘‘5318(d), 5323(a)(1), (b), 
(d), and (e), 5328, 5337, and 5338(b)’’ each place it appears 
and inserting ‘‘5316, 5318, 5323(a)(1), 5323(b), 5323(d), 5328, 
5337, and 5338(b)’’; and 
(2) by adding at the end the following: 
‘‘(4) 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 grant amendments 
which do not materially revise or amend existing assistance agree-
ments, shall be certified without referral.
H. R. 3—483
‘‘(5) When the Secretary is called upon to issue fair and equi-
table determinations involving assurances of employment when one 
private transit bus service contractor replaces another through 
competitive bidding, such decisions shall be based on the principles 
set forth in the Department of Labor’s decision of September 21, 
1994, as clarified by the supplemental ruling of November 7, 1994, 
with respect to grant NV–90–X021. This paragraph shall not serve 
as a basis for objections under section 215.3(d) of title 29, Code 
of Federal Regulations.’’. 
SEC. 3032. ADMINISTRATIVE PROCEDURES. 
Section 5334 is amended—
(1) in subsection (a)—
(A) in paragraph (9) by striking ‘‘and’’ at the end; 
(B) in paragraph (10) by striking the period at the 
end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(11) issue regulations as necessary to carry out the pur-
poses of this chapter.’’; 
(2) by striking subsection (i); 
(3) by redesignating subsections (b) through (h) as sub-
sections (c) through (i), respectively; 
(4) by inserting after subsection (a) the following: 
‘‘(b) PROHIBITIONS
AGAINST
REGULATING
OPERATIONS
AND 
CHARGES.—
‘‘(1) IN GENERAL.—Except for purposes of national defense 
or in the event of a national or regional emergency, the Sec-
retary may not regulate the operation, routes, or schedules 
of a public transportation system for which a grant is made 
under this chapter, nor may the Secretary regulate the rates, 
fares, tolls, rentals, or other charges prescribed by any provider 
of public transportation. 
‘‘(2) LIMITATION
ON
STATUTORY
CONSTRUCTION.—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.’’; and 
(5) by striking subsection (c)(4) (as redesignated by para-
graph (3) of this subsection) and inserting the following: 
‘‘(4) The Secretary of Transportation shall comply with this 
section (except subsection (i)) and sections 5318(e), 5323(a)(2), 
5325(a), 5325(b), and 5325(f) when proposing or carrying out a 
regulation governing an activity under this chapter, except for 
a routine matter or a matter with no significant impact.’’; and 
(6) by adding at the end the following: 
‘‘(k) NOTIFICATION OF PENDING DISCRETIONARY GRANTS.—Not 
less than 3 full business days before announcement of award by 
the Secretary of any discretionary grant, letter of intent, or full 
funding grant agreement totaling $1,000,000 or more, the Secretary 
shall notify the Committees on Banking, Housing, and Urban 
Affairs and Appropriations of the Senate and Committees on 
Transportation and Infrastructure and Appropriations of the House 
of Representatives. 
‘‘(l) AGENCY STATEMENTS.—
‘‘(1) IN GENERAL.—The Administrator of the Federal Transit 
Administration shall follow applicable rulemaking procedures
H. R. 3—484
under section 553 of title 5 before the Federal Transit Adminis-
tration issues a statement that imposes a binding obligation 
on recipients of Federal assistance under this chapter. 
‘‘(2) BINDING OBLIGATION DEFINED.—In this subsection, the 
term ‘binding obligation’ means a substantive policy statement, 
rule, or guidance document issued by the Federal Transit 
Administration that grants rights, imposes obligations, pro-
duces significant effects on private interests, or effects a signifi-
cant change in existing policy.’’. 
SEC. 3033. NATIONAL TRANSIT DATABASE. 
(a) IN GENERAL.—Section 5335 is amended—
(1) by striking the section heading and inserting the fol-
lowing: 
‘‘§ 5335. National transit database’’; 
(2) by striking subsection (b); and 
(3) 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’’. 
(b) CHAPTER ANALYSIS.—The analysis for chapter 53 is amended 
by striking the item relating to section 5335 and inserting the 
following:
‘‘5335. National transit database.’’.
SEC. 3034. APPORTIONMENTS OF FORMULA GRANTS. 
(a) APPORTIONMENTS.—Section 5336 is amended—
(1) by striking subsections (d), (h), and (k); 
(2) by redesignating subsections (e), (f), (g), (i), and (j) 
as subsections (d), (e), (f), (g), and (h), respectively; 
(3) by adding at the end the following: 
‘‘(i) APPORTIONMENTS.—Of the amounts made available for each 
fiscal year under subsections (a)(1)(C)(vi) and (b)(2)(B) of section 
5338—
‘‘(1) one percent shall be apportioned, in fiscal year 2006 
and each fiscal year thereafter, to certain urbanized areas 
with populations of less than 200,000 in accordance with sub-
section (j); and 
‘‘(2) any amount not apportioned under paragraph (1) shall 
be apportioned to urbanized areas in accordance with sub-
sections (a) through (c).’’; and 
(4) in subsection (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 
(i)(2)’’. 
(b) SMALL TRANSIT INTENSIVE CITIES FORMULA.—Section 5336 
is amended by adding at the end the following: 
‘‘(j) SMALL TRANSIT INTENSIVE CITIES FORMULA.—
‘‘(1) DEFINITIONS.—In this subsection, the following defini-
tions apply: 
‘‘(A) ELIGIBLE AREA.—The term ‘eligible area’ means 
an urbanized area with a population of less than 200,000
H. R. 3—485
that meets or exceeds in one or more performance cat-
egories the industry average for all urbanized areas with 
a population of at least 200,000 but not more than 999,999, 
as determined by the Secretary in accordance with sub-
section (c)(2). 
‘‘(B) PERFORMANCE CATEGORY.—The term ‘performance 
category’ means each of the following: 
‘‘(i) Passenger miles traveled per vehicle revenue 
mile. 
‘‘(ii) Passenger miles traveled per vehicle revenue 
hour. 
‘‘(iii) Vehicle revenue miles per capita. 
‘‘(iv) Vehicle revenue hours per capita. 
‘‘(v) Passenger miles traveled per capita. 
‘‘(vi) Passengers per capita. 
‘‘(2) APPORTIONMENT.—
‘‘(A) APPORTIONMENT
FORMULA.—The amount to be 
apportioned under subsection (i)(1) shall be apportioned 
among eligible areas in the ratio that—
‘‘(i) the number of performance categories for which 
each eligible area meets or exceeds the industry aver-
age in urbanized areas with a population of at least 
200,000 but not more than 999,999; bears to 
‘‘(ii) the aggregate number of performance cat-
egories for which all eligible areas meet or exceed 
the industry average in urbanized areas with a popu-
lation of at least 200,000 but not more than 999,999. 
‘‘(B) DATA USED IN FORMULA.—The Secretary shall cal-
culate apportionments under this subsection for a fiscal 
year using data from the national transit database used 
to calculate apportionments for that fiscal year under this 
section.’’. 
(c) STUDY
ON INCENTIVES
IN FORMULA PROGRAMS.—Section 
5336 is amended by adding at the end the following: 
‘‘(c) STUDY ON INCENTIVES IN FORMULA PROGRAMS.—
‘‘(1) STUDY.—The Secretary shall conduct a study to assess 
the feasibility and appropriateness of developing and imple-
menting an incentive funding system under sections 5307 and 
5311 for operators of public transportation. 
‘‘(2) REPORT.—
‘‘(A) IN GENERAL.—Not later than 2 years 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 Infra-
structure of the House of Representatives. 
‘‘(B) CONTENTS.—The report submitted under subpara-
graph (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
H. R. 3—486
‘‘(v) the likely effects of the incentive funding 
system.’’. 
(d) TECHNICAL AMENDMENTS.—Section 5336 is amended—
(1) in subsection (a), by striking ‘‘of this title’’ and inserting 
‘‘to carry out section 5307’’; 
(2) in paragraph (2), by inserting before the period at 
the end the following: ‘‘, except that the amount apportioned 
to the Anchorage urbanized area under subsection (b) shall 
be available to the Alaska Railroad for any costs related to 
its passenger operations’’; 
(3) in subsection (b)(1), by inserting ‘‘and, beginning in 
fiscal year 2006, 60 percent of the directional route miles attrib-
utable to the Alaska Railroad passenger operations’’ after 
‘‘recipient’’; and 
(4) in subsection (h), by striking ‘‘a grant made under’’ 
each place it appears and inserting ‘‘a grant made with funds 
apportioned under’’. 
SEC. 3035. APPORTIONMENTS BASED ON FIXED GUIDEWAY FACTORS. 
(a) IN GENERAL.—Section 5337 is amended—
(1) by striking the section designation and heading and 
inserting the following: 
‘‘§ 5337. Apportionment based on fixed guideway factors’’; 
and 
(2) by adding at the end the following: 
‘‘(f) ADJUSTMENT.—For purposes of this section, an urbanized 
area with a population of 55,997, according to the most recent 
decennial census, shall be treated as an urbanized area eligible 
for assistance under section 5336(b)(2)(A) to which amounts were 
apportioned under this section for fiscal year 1997. For the purposes 
of subsection (e)(1), the number of fixed guideway revenue vehicle 
miles of service and number of fixed guideway route miles for 
that urbanized area as of the date of enactment of the Federal 
Public Transportation Act of 2005 shall be considered to have 
been used to determine apportionments for fiscal year 1997.’’. 
(b) CONFORMING AMENDMENT.—The analysis for chapter 53 
is amended by striking the item relating to section 5337 and 
inserting the following:
‘‘5337. Apportionment based on fixed guideway factors.’’.
SEC. 3036. AUTHORIZATIONS. 
Section 5338 is amended to read as follows: 
‘‘§ 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, 5308, 
5310, and 5311 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 is authorized to 
be appropriated $499,989,824 for fiscal year 2005 to carry 
out sections 5307, 5308, 5310, and 5311 and section 3038
H. R. 3—487
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) $5,208,000 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) to operators of intercity, fixed-
route over-the-road buses; 
‘‘(iii) $1,686,400 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) to operators of over-the-road 
buses providing other than intercity, fixed-route 
service; 
‘‘(iv) $94,526,689 shall be available to provide 
transportation services to elderly individuals and 
individuals with disabilities under section 5310; 
‘‘(v) $250,889,588 shall be available to provide 
financial assistance for other than urbanized areas 
under section 5311; 
‘‘(vi) $3,593,195,773 shall be available to provide 
financial assistance for urbanized areas under section 
5307; and 
‘‘(vii) $49,600,000 shall be available to carry out 
the clean fuels program under section 5308. 
‘‘(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 subparagraph (A), there is 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 is authorized to 
be appropriated $414,014,176 for fiscal year 2005 to carry 
out sections 5308, 5309, and 5318 and section 3015(b) 
of the Transportation Equity Act for the 21st Century 
(112 Stat. 361). 
‘‘(C) ALLOCATION
OF
FUNDS.—Of the amounts made 
available or appropriated under this paragraph—
‘‘(i) $49,600,000 shall be available to carry out 
the clean fuels program under section 5308; 
‘‘(ii) $669,600,000 shall be available for capital 
projects to replace, rehabilitate, and purchase bus and
H. R. 3—488
related equipment and to construct bus-related facili-
ties under section 5309; 
‘‘(iii) $1,204,684,800 shall be available for fixed 
guideway modernization under section 5309; 
‘‘(iv) $1,437,829,600 shall be available for capital 
projects for new fixed guideway systems and extensions 
to existing fixed guideway systems under section 5309; 
‘‘(v) $10,213,632 shall be available for capital 
projects in Alaska and Hawaii under section 5309; 
‘‘(vi) $2,976,000 shall be available to carry out 
bus testing under section 5318; and 
‘‘(vii) $4,811,200 shall be available to carry out 
the fuel cell bus and bus facilities program under sec-
tion 3015(b) of the Transportation Equity Act for the 
21st Century (112 Stat. 361). 
‘‘(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 sections 5303, 5304, 
5305, and 5313(b), as in effect on the day before the date 
of enactment of the Federal Public Transportation Act of 
2005. 
‘‘(B) GENERAL FUND.—In addition to the amounts made 
available under subparagraph (A), there is authorized to 
be appropriated $9,052,000 for fiscal year 2005 to carry 
out sections 5303, 5304, 5305, and 5313(b), as in effect 
on the day before the date of enactment of the Federal 
Public Transportation Act of 2005. 
‘‘(C) ALLOCATION
OF
FUNDS.—Of the amounts made 
available or appropriated under this paragraph—
‘‘(i) 82.72 percent shall be allocated for metropoli-
tan planning under section 5305; and 
‘‘(ii) 17.28 percent shall be allocated for State plan-
ning under section 5305. 
‘‘(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)(2), 5312, 
5313(a), 5314, 5315, and 5322. 
‘‘(B) GENERAL FUND.—In addition to the amounts made 
available under subparagraph (A), there is authorized to 
be appropriated $6,820,000 for fiscal year 2005 to carry 
out sections 5311(b)(2), 5312, 5313(a), 5314, 5315, and 5322. 
‘‘(C) ALLOCATION OF FUNDS.—Of the funds made avail-
able or appropriated under this paragraph—
‘‘(i) not less than $3,968,000 shall be available 
to carry out programs under the National Transit 
Institute under section 5315, of which not more than 
$992,000 shall be available to carry out section 
5315(a)(16); 
‘‘(ii) not less than $5,208,000 shall be available 
to provide rural transportation assistance under sec-
tion 5311(b)(2); 
‘‘(iii) not less than $8,184,000 shall be available 
to carry out transit cooperative research programs 
under section 5313(a);
H. R. 3—489
‘‘(iv) not less than $2,976,000 shall be available 
to carry out Project Action under section 5312; and 
‘‘(v) the remainder shall be available to carry out 
national research and technology programs under sec-
tions 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 section 5505. 
‘‘(B) GENERAL FUND.—In addition to amounts made 
available under subparagraph (A), there is authorized to 
be appropriated $744,000 for fiscal year 2005 to carry out 
section 5505. 
‘‘(C) ALLOCATION
OF
FUNDS.—Of the amounts made 
available or appropriated under this paragraph—
‘‘(i) $1,984,000 shall be available for grants under 
section 5505(d) to the center identified in section 
5505(j)(4)(A), as in effect on the day before the date 
of enactment of the Federal Public Transportation Act 
of 2005; and 
‘‘(ii) $1,984,000 shall be available for grants under 
section 5505(d) to the center identified in section 
5505(j)(4)(F), as in effect on the day before the date 
of enactment of the Federal Public Transportation Act 
of 2005. 
‘‘(D) 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 is authorized to 
be appropriated $9,672,000 for fiscal year 2005 to carry 
out section 5334. 
‘‘(8) AVAILABILITY OF AMOUNTS.—Amounts made available 
or appropriated under paragraphs (1) through (6) shall remain 
available until expended. 
‘‘(b) FORMULA AND BUS GRANTS.—
‘‘(1) IN GENERAL.—There shall be available from the Mass 
Transit Account of the Highway Trust Fund to carry out sec-
tions 5305, 5307, 5308, 5309, 5310, 5311, 5316, 5317, 5320, 
5335, 5339, and 5340 and section 3038 of the Federal Transit 
Act of 1998 (112 Stat. 387 et seq.)—
‘‘(A) $6,979,931,000 for fiscal year 2006; 
‘‘(B) $7,262,775,000 for fiscal year 2007; 
‘‘(C) $7,872,893,000 for fiscal year 2008; and 
‘‘(D) $8,360,565,000 for fiscal year 2009. 
‘‘(2) ALLOCATION OF FUNDS.—Of the amounts made avail-
able under paragraph (1)—
‘‘(A) $95,000,000 for fiscal year 2006, $99,000,000 for 
fiscal year 2007, $107,000,000 for fiscal year 2008, and 
$113,500,000 for fiscal year 2009 shall be available to carry 
out section 5305;
H. R. 3—490
‘‘(B) $3,466,681,000 for fiscal year 2006, $3,606,175,000 
for fiscal year 2007, $3,910,843,000 for fiscal year 2008, 
and $4,160,365,000 for fiscal year 2009 shall be allocated 
in accordance with section 5336 to provide financial assist-
ance for urbanized areas under section 5307; 
‘‘(C) $43,000,000 for fiscal year 2006, $45,000,000 for 
fiscal year 2007, $49,000,000 for fiscal year 2008, and 
$51,500,000 for fiscal year 2009 shall be available to carry 
out section 5308; 
‘‘(D) $1,391,000,000 for fiscal year 2006, $1,448,000,000 
for fiscal year 2007, $1,570,000,000 for fiscal year 2008, 
and $1,666,500,000 for fiscal year 2009 shall be allocated 
in accordance with section 5337 to provide financial assist-
ance under section 5309(m)(2)(B); 
‘‘(E) $822,250,000 for fiscal year 2006, $855,500,000 
for fiscal year 2007, $927,750,000 for fiscal year 2008, 
and $984,000,000 for fiscal year 2009 shall be available 
to carry out section 5309(m)(2)(C); 
‘‘(F) $112,000,000 for fiscal year 2006, $117,000,000 
for fiscal year 2007, $127,000,000 for fiscal year 2008, 
and $133,500,000 for fiscal year 2009 shall be available 
to provide financial assistance for services for elderly per-
sons and persons with disabilities under section 5310; 
‘‘(G) $388,000,000 for fiscal year 2006, $404,000,000 
for fiscal year 2007, $438,000,000 for fiscal year 2008, 
and $465,000,000 for fiscal year 2009 shall be available 
to provide financial assistance for other than urbanized 
areas under section 5311; 
‘‘(H) $138,000,000 for fiscal year 2006, $144,000,000 
for fiscal year 2007, $156,000,000 for fiscal year 2008, 
and $164,500,000 for fiscal year 2009 shall be available 
to carry out section 5316; 
‘‘(I) $78,000,000 for fiscal year 2006, $81,000,000 for 
fiscal year 2007, $87,500,000 for fiscal year 2008, and 
$92,500,000 for fiscal year 2009 shall be available to carry 
out section 5317; 
‘‘(J) $22,000,000 for fiscal year 2006, $23,000,000 for 
fiscal year 2007, $25,000,000 for fiscal year 2008, and 
$26,900,000 for fiscal year 2009 shall be available to carry 
out section 5320; 
‘‘(K) $3,500,000 in fiscal year 2006; $3,500,000 in fiscal 
year 2007; $3,500,000 in fiscal year 2008; and $3,500,000 
in fiscal year 2009 shall be available to carry out section 
5335; 
‘‘(L) $25,000,000 in fiscal year 2006; $25,000,000 in 
fiscal year 2007; $25,000,000 in fiscal year 2008; and 
$25,000,000 in fiscal year 2009 shall be available to carry 
out section 5339; 
‘‘(M) $388,000,000 for fiscal year 2006, $404,000,000 
for fiscal year 2007, $438,000,000 for fiscal year 2008, 
and $465,000,000 for fiscal year 2009 shall be allocated 
in accordance with section 5340 to provide financial assist-
ance for urbanized areas under section 5307 and other 
than urbanized areas under section 5311; and 
‘‘(N) $7,500,000 for fiscal year 2006, $7,600,000 for 
fiscal year 2007, $8,300,000 for fiscal year 2008, and 
$8,800,000 for fiscal year 2009 shall be available to carry
H. R. 3—491
out section 3038 of the Transportation Equity Act for the 
21st Century (49 U.S.C. 5310 note). 
‘‘(c) CAPITAL INVESTMENT GRANTS.—There are authorized to 
be appropriated to carry out section 5309(m)(2)(A)—
‘‘(1) $1,503,000,000 for fiscal year 2006; 
‘‘(2) $1,566,000,000 for fiscal year 2007; 
‘‘(3) $1,700,000,000 for fiscal year 2008; and 
‘‘(4) $1,809,250,000 for fiscal year 2009. 
‘‘(d) RESEARCH AND UNIVERSITY RESEARCH CENTERS.—
‘‘(1) IN GENERAL.—There is authorized to be appropriated 
to carry out transit cooperative research programs under section 
5313, the National Transit Institute under section 5315, univer-
sity research centers under section 5506, and national research 
programs under sections 5312, 5313, 5314, and 5322 
$58,000,000 for fiscal year 2006, $61,000,000 for fiscal year 
2007, $65,500,000 for fiscal year 2008, and $69,750,000 for 
fiscal year 2009, of which—
‘‘(A) $9,000,000 for fiscal year 2006, $9,300,000 for 
fiscal year 2007, $9,600,000 for fiscal year 2008, and 
$10,000,000 for fiscal year 2009 shall be allocated to carry 
out transit cooperative research programs under section 
5313; 
‘‘(B) $4,300,000 shall be allocated for each fiscal year 
to carry out programs under the National Transit Institute 
under section 5315, of which not more than $1,000,000 
for each fiscal year shall be used to carry out section 
5315(a)(16); 
‘‘(C) $7,000,000 shall be allocated for each fiscal year 
to carry out the university centers program under section 
5506; 
‘‘(D) $3,000,000 shall be allocated for each fiscal year 
to carry out Project Action under section 5314(a)(2); 
‘‘(E) $1,000,000 shall be allocated for each fiscal year 
to carry out the National Technical Assistance Center 
under section 5314(c); and 
‘‘(F) any funds made available under this paragraph 
that are not allocated under subparagraphs (A) through 
(E) shall be allocated to carry out national research pro-
grams under sections 5312, 5313, 5314, and 5322. 
‘‘(2) UNIVERSITY CENTERS PROGRAM.—
‘‘(A) ALLOCATION.—Of the amounts allocated under 
paragraph (1)(C), the following amounts shall be available 
to provide transportation research, training, and cur-
riculum development: 
‘‘(i) $2,000,000 for each of fiscal years 2006 through 
2009 for the University of Tennessee—Knoxville 
National Transportation Research Center. 
‘‘(ii) $1,500,000 for each of fiscal years 2006 
through 2009 for Texas A&M University—Texas 
Transportation Institute. 
‘‘(iii) $1,000,000 for each of fiscal years 2006 
through 2009 for Morgan State University. 
‘‘(iv) $400,000 for each of fiscal years 2006 and 
2007 for the Small Urban and Rural Transit Center 
at North Dakota State University. 
‘‘(v) $550,000 for each of fiscal years 2006 and 
2007 and $650,000 for each of fiscal years 2008 and
H. R. 3—492
2009 for the University Transportation Center at the 
University of Alabama. 
‘‘(vi) $450,000 for each of fiscal years 2006 and 
2007 and $550,000 for each of fiscal years 2008 and 
2009 for the Injury Control Research Center at the 
University of Alabama Birmingham. 
‘‘(vii) $550,000 for each of fiscal years 2006 and 
2007 and $650,000 for each of fiscal years 2008 and 
2009 for the Jackson State University Intermodal 
Transportation Institute at the Jackson State Univer-
sity. 
‘‘(viii) $550,000 for each of fiscal years 2006 and 
2007 and $650,000 for each of fiscal years 2008 and 
2009 for the University Transportation Center at the 
University of Denver/Mississippi State University. 
‘‘(B) REQUIREMENTS.—The universities specified in 
subparagraph (A) shall be considered to be university 
transportation centers under section 5506 and shall be 
subject to the requirements of subsections (b), (h), (i), (k), 
(l), and (m) of such section. 
‘‘(e) ADMINISTRATION.—There is authorized to be appropriated 
to carry out section 5334—
‘‘(1) $82,000,000 for fiscal year 2006; 
‘‘(2) $85,000,000 for fiscal year 2007; 
‘‘(3) $92,500,000 for fiscal year 2008; and 
‘‘(4) $98,500,000 for fiscal year 2009. 
‘‘(f) GRANTS AS CONTRACTUAL OBLIGATIONS.—
‘‘(1) GRANTS
FINANCED
FROM
HIGHWAY
TRUST
FUND.—A 
grant or contract that is approved by the Secretary and financed 
with amounts made available from the Mass Transit Account 
of the Highway Trust Fund pursuant to this section is a contrac-
tual obligation of the Government to pay the Federal share 
of the cost of the project. 
‘‘(2) GRANTS FINANCED FROM GENERAL FUND.—A grant or 
contract that is approved by the Secretary and financed with 
amounts appropriated in advance from the General Fund of 
the Treasury pursuant to this section is a contractual obligation 
of the 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. 
‘‘(g) AVAILABILITY OF AMOUNTS.—Amounts made available by 
or appropriated under subsections (b), (c), and (d) shall remain 
available until expended.’’. 
SEC. 3037. ALTERNATIVES ANALYSIS PROGRAM. 
(a) IN GENERAL.—Section 5339 is amended to read as follows: 
‘‘§ 5339. Alternatives analysis program 
‘‘(a) GRANTS AND AGREEMENTS.—Under criteria established by 
the Secretary, the Secretary may award grants to States, authorities 
of the States, metropolitan planning organizations, and local govern-
mental authorities to develop alternatives analyses as defined by 
section 5309(a)(1). 
‘‘(b) GOVERNMENT’S SHARE OF COSTS.—The Government’s share 
of the cost of an activity funded using amounts made available 
under this section may not exceed 80 percent of the cost of the 
activity.