‘‘(b) MEASURING PROGRESS.—The Secretary shall 
establish a comprehensive program to measure progress 
toward improving and expediting the environmental review 
process for surface transportation projects. The program 
shall include, at a minimum—
‘‘(1) establishing a comprehensive, consistent 
set of measurement criteria; 
‘‘(2) gathering and analyzing data to assess 
performance based on the established criteria; and 
‘‘(3) publicly releasing the results of the per-
formance measurement studies on an annual basis. 
‘‘(c) ANALYZING CAUSES OF DELAY.—The Secretary 
shall establish a comprehensive program to identify and 
evaluate factors contributing to delays in the environ-
mental review process for surface transportation projects. 
The program shall include, at a minimum—
‘‘(1) developing a master list of all regulatory 
requirements applicable to the environmental review 
process for surface transportation projects; 
‘‘(2) monitoring the application of such regu-
latory requirements on a nationwide basis, in order 
to identify emerging trends that may tend to in-
crease the compliance burdens associated with such 
requirements; and
‘‘(3) publicly releasing an annual report that 
analyzes the principal causes of delay affecting the 
environmental review process for surface transpor-
tation projects and recommends specific actions to 
be taken (including legislative and regulatory 
changes, if appropriate) in order to address those 
causes of delay.’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
such chapter is amended by inserting after the item relat-
ing to section 320 the following:
‘‘321. Program management and oversight.’’.
SEC. 106. FEDERAL PROGRAM FOR STATE ENVIRON-
MENTAL REVIEW. 
(a) IN GENERAL.—Chapter 3 of title 23, United 
States Code, is amended by inserting after section 324 the 
following:
‘‘§ 325. Federal program for State environmental re-
view 
‘‘(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of the Expediting Project Delivery to 
Improve Transportation and the Environment Act, the 
Secretary of Transportation, in cooperation with the head 
of any other interested Federal agency, shall establish and 
begin implementation of a program under which States 
will carry out the responsibilities of Federal agencies with
respect to 1 or more highway or transit projects under 
1 or more of the following: 
‘‘(1) Section 303 of title 49. 
‘‘(2) The Federal Water Pollution Control Act 
(33 U.S.C. 1251 et seq.). 
‘‘(3) The National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.). 
‘‘(4) Section 307 of this title. 
‘‘(5) Any other provision of Federal law requir-
ing, with respect to such project, an environmental 
assessment or environmental impact statement or 
any other environmental review, analysis, opinion, or 
issuance of an environmental permit, license, or ap-
proval. 
‘‘(b) STATE ASSUMPTION OF RESPONSIBILITY.—The 
program established under this section shall provide that 
the head of a Federal agency (including the Secretary of 
Transportation) with any responsibility with respect to a 
highway project under a law referred to in subsection (a) 
shall accept the application of a State within the bound-
aries of which the project will be carried out for authority 
of the State to assume that responsibility if the head of 
the State agency having jurisdiction over matters relating 
to that responsibility agrees, in writing and in a form ac-
ceptable to the head of the Federal agency to carry out
that responsibility subject to the same procedural and sub-
stantive requirements as would be required if that respon-
sibility was carried out by the head of the Federal agency. 
The district courts of the United States shall have exclu-
sive jurisdiction over an action against a State for failure 
to carry out that responsibility. 
‘‘(c) EFFECT
OF
ASSUMPTION
OF
RESPONSI-
BILITY.—Approval of a State’s assumption of a responsi-
bility with respect to the highway project under this sec-
tion and substantial compliance by the State with terms 
of its agreement to carry out that responsibility shall con-
stitute the carrying out of that responsibility for the 
project for the purposes of all Federal law. 
‘‘(d) OVERSIGHT.—For each State participating in 
the program under this section through an agency of the 
State assuming a responsibility under this section, the 
Secretary, in cooperation with the head of the Federal 
agency for which the responsibility is being assumed, shall 
conduct quarterly audits in the first year of such partici-
pation, and annual audits every year thereafter, to ensure 
that the State is complying with the State’s agreement 
relating to assumption of the responsibility. 
‘‘(e) TERMINATION.—The head of a Federal agency 
for which a responsibility is assumed by a State agency 
under this section may terminate the participation of any
State agency in the program under this section if the head 
of the Federal agency, in cooperation with the Council on 
Environmental Quality, finds that the State agency is not 
complying with the State’s agreement under this sub-
section. A termination shall only occur if the head of the 
State agency is notified of the plan and given 180 days 
to correct State agency activities and does not correct such 
activities to the satisfaction of the head of the Federal 
agency. 
‘‘(f) REPORT
TO CONGRESS.—The Secretary and 
Council on Environmental Quality shall transmit to Con-
gress annual reports on the program being carried out 
under this section.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such 
chapter is amended by inserting after the item relating 
to section 324 the following:
‘‘325. Federal program for State environmental review.’’.
TITLE II—IMPROVING TRANSIT 
PROGRAM DELIVERY 
SEC. 201. ELIMINATING DUPLICATION IN COMPLIANCE RE-
QUIREMENTS 
FOR 
ALCOHOL 
AND 
CON-
TROLLED SUBSTANCE TESTING. 
(a) MASS
TRANSPORTATION
DEFINED.—Section 
5331(a)(3) of title 49, United States Code, is amended 
by inserting before the period at the end the following:
‘‘, or sections 2303a, 7101(i), and 7302(e) of title 46, 
United States Code’’. 
(b) ELIMINATION OF DUAL TESTING PROGRAMS.—
Section 5331 of such title is amended by adding at the 
end the following: 
‘‘(h) ELIMINATION OF DUAL TESTING PROGRAMS.—
If the Secretary determines that an employee is subject 
to a test for the use of alcohol or a controlled substance 
under this section and section 20140 or 31306 of this title 
or section 2303a, 7101(i), or 7302(e) of title 46 and that 
the testing is covered adequately under both this section 
and under such other section, the Secretary shall take 
such action as may be necessary to ensure that the em-
ployee is only subject to the testing programs under this 
section or such other section, as the Secretary may des-
ignate. For purposes of this subsection, testing under this 
section or any other section includes testing under a regu-
lation prescribed under this section or such other sec-
tion.’’. 
SEC. 202. VERY SMALL TRANSIT OPERATOR OPTION FOR 
LOWER COST COMPLIANCE REQUIREMENTS 
FOR 
ALCOHOL 
AND 
CONTROLLED 
SUB-
STANCE TESTING. 
Section 5331(b)(1) of title 49, United States Code, 
is amended by adding at the end the following:
‘‘(C) SMALL OPERATOR.—Upon application 
of an entity carrying out mass transportation 
operations described in subparagraph (A) with 
a fleet of 5 or less motor vehicles in revenue 
service, the Secretary may exempt such entity 
from this subsection if the Secretary determines 
that the exemption would not adversely affect 
safety.’’. 
SEC. 203. JOB ACCESS AND REVERSE COMMUTE GRANTS 
REQUIREMENTS. 
Section 3037(j) of the Transportation Equity Act for 
the 21st Century (49 U.S.C. 5309 note; 112 Stat. 391) 
is amended to read as follows: 
‘‘(j) GRANT REQUIREMENTS.—A grant under this 
section to—
‘‘(1) a public body receiving assistance under 
section 5307, 5310, or 5311 of title 49, United
States Code, shall be subject to the terms and condi-
tions of that section; and 
‘‘(2) any other entity shall be subject to such 
terms and conditions as the Secretary determines 
appropriate.’’.
SEC. 204. GRANT TERMS AND CONDITIONS FOR BUSES AND 
BUS-RELATED 
FACILITIES, 
FOR 
GRANTS 
MADE TO RURAL PROVIDERS AND FOR EL-
DERLY AND DISABLED TRANSIT SERVICES. 
Section 5309(a) of title 49, United States Code, is 
amended—
(1) by striking ‘‘(1) The Secretary of Transpor-
tation may’’ and inserting the following: 
‘‘(1) PURPOSE OF GRANTS AND LOANS.—The 
Secretary of Transportation may’’; 
(2) by striking ‘‘(2) The Secretary of Transpor-
tation shall’’ and inserting the following: 
‘‘(2) TERMS, 
CONDITIONS, 
AND
REQUIRE-
MENTS.—
‘‘(A) IN GENERAL.—Except as provided in 
subparagraphs (B) and (C), the Secretary 
shall’’; and 
(3) by adding at the end of paragraph (2) the 
following: 
‘‘(B) SPECIAL RULES FOR CERTAIN BUS 
RECIPIENTS AND SUBRECIPIENTS.—A grant of 
funds allocated under subsection (m)(1)(C) to a 
recipient or subrecipient in an area other than 
an urbanized area shall be subject to the same 
terms and conditions as a subrecipient of a 
grant under section 5311. A grant of funds al-
located under subsection (m)(1)(C) to a sub-
recipient of a grant under section 5310 shall be 
subject to the same terms and conditions as 
subrecipients of grants under that section.’’. 
SEC. 205. GRANT TERMS AND CONDITIONS FOR BUSES AND 
BUS-RELATED 
FACILITIES, 
FOR 
GRANTS 
MADE TO PRIVATE TRANSIT PROVIDERS. 
Section 5309(a)(2) of title 49, United States Code, 
is further amended by adding at the end the following: 
‘‘(B) SPECIAL RULES FOR CERTAIN BUSI-
NESS
ENTITIES.—A grant of funds allocated 
under subsection (m)(1)(C) to a business entity 
that is a subrecipient of a grant under section 
5310 or 5311 shall be subject to the same 
terms and conditions as subrecipients of grants 
under that section.’’. 
SEC. 206. GSA TRANSIT BUS PURCHASING PILOT PROGRAM. 
(a) LARGE TRANSIT BUS DEFINED.—In this section 
the term ‘‘large transit bus’’ means—
(1) a bus characterized by an elevated pas-
senger deck located over a baggage compartment; 
(2) a heavy-duty transit bus as defined in the 
American Public Transportation Association Stand-
ard Procurement Guidelines-Specifications dated 
March 25, 1999, and July 3, 2001; and
(3) a bus referenced in the General Services 
Administration solicitation FFAH–B1–002272–N. 
(b) IN GENERAL.—The Secretary of Transportation 
shall carry out a program (referred to in this section as 
the ‘‘program’’) to facilitate and accelerate the immediate 
procurement through existing, modified, or new sources of 
supply of the General Services Administration of large 
transit buses by State, local, and regional transportation 
authorities that are recipients of financial assistance from 
the Federal Transit Administration, except for grantees 
of funds under section 3038 of the Transportation Equity 
Act for the 21st Century (49 U.S.C. 5310 note; 112 Stat. 
392–393). 
(c) ADMINISTRATION.—For the period beginning on 
the date of enactment of this Act and ending on December 
31, 2007, the Secretary, in consultation and cooperation
with the Administrator of General Services, shall admin-
ister the program under this section. 
(d) ESTABLISHMENT OF MULTIPLE AWARD SCHED-
ULE BY GSA.—During the period beginning on the 90th 
day following the date of enactment of this Act and ending 
on December 31, 2007, the Secretary, with assistance 
from the Administrator of General Services, shall establish 
and publish a multiple award schedule for large transit 
buses which shall permit Federal agencies and State, re-
gional, and local transportation authorities that are recipi-
ents of financial assistance from the Federal Transit Ad-
ministration to acquire the buses under those schedules 
with such assistance. 
(e) REOPENING OF GENERAL SERVICES ADMINIS-
TRATION SOLICITATION.—Notwithstanding any other pro-
vision of law, the Administrator shall immediately reopen 
the General Services Administration Solicitation FFAH–
B1–002272–N to all qualified large transit bus manufac-
turing companies to bid for contracts to sell such buses 
to State, local, and regional transportation authorities 
that are recipients of Federal Transit Administration fi-
nancial assistance. 
(f) MODIFICATIONS
OF
EXISTING
GSA CON-
TRACTS.—Notwithstanding any other provision of law, the 
Administrator shall immediately allow large transit bus 
manufacturing companies who have contracts awarded by 
the General Services Administration under Solicitation 
FFAH–B1–002272–N before the date of enactment of 
this Act to modify or restructure their bids incorporated 
in such contracts to respond to prospective sales of large 
transit buses to State, local, and regional transportation 
authorities that are recipients of Federal Transit Adminis-
tration financial assistance.
(g) AUTHORITY TO PURCHASE FROM EXISTING AND 
NEW CONTRACTS.—
(1) IN GENERAL.—Notwithstanding any other 
provision of law, State, local, and regional transpor-
tation authorities that are recipients of Federal 
Transit Administration financial assistance are au-
thorized to purchase large transit buses under—
(A) contracts awarded by the General 
Services 
Administration 
under 
Solicitation 
FFAH–B1–002272–N before to the date of en-
actment of this Act; and 
(B) contracts described in subparagraph 
(A) as modified pursuant to subsection (f). 
(2) MORATORIUM.—The authority to purchase 
buses under this subsection shall take effect on the 
90th day following the date of enactment of this Act. 
(h) COMPLIANCE WITH OTHER LAWS.—This section 
shall be carried out in accordance with all existing Federal 
transit laws and requirements. 
(i) REPORTS.—
(1) IN GENERAL.—Not later than March 31, 
2003, and annually thereafter, the Secretary shall 
transmit, in writing, to the Committee on Banking, 
Housing, and Urban Affairs of the Senate and the 
Committee on Transportation and Infrastructure of
the House of Representatives a report on the results 
of the program under this section, together with rec-
ommendations on potential improvements to the pro-
gram under this section and whether the program 
should be expanded to cover buses other than large 
transit buses. 
(2) CONTENTS.—The report shall describe, with 
specificity—
(A) all measures being taken to accelerate 
the processes authorized under this section, in-
cluding estimates of the effects of this section; 
(B) job creation and retention in the bus 
and bus manufacturing industries as a result of 
the program under this section; 
(C) bus manufacturing economic growth in 
those States and localities that have partici-
pated in the program; 
(D) the effect of the program on the length 
of the procurement process required for delivery 
of buses; and 
(E) the cost savings, if any, to transit au-
thorities and to the Federal Government result-
ing from implementation of the program.
Æ