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interest terms reasonably available for the 
project at the time of borrowing. 
‘‘(C) CERTIFICATION.—The applicant shall 
certify, in a manner satisfactory to the Sec-
retary, that the applicant has shown reasonable 
diligence in seeking the most favorable financial 
terms. 
‘‘(3) CAPITAL
PROJECT
COST
INDICES.—The 
Secretary shall consider changes in capital project 
cost indices when determining the estimated cost 
under paragraph (2). 
‘‘(k) BUS AND BUS FACILITIES PROJECTS.—In mak-
ing 
grants 
under 
subsections 
(m)(1)(C) 
and 
(m)(2)(B)(iii), the Secretary shall consider the age of 
buses, bus fleets, related equipment, and bus-related facili-
ties. 
‘‘(l) AVAILABILITY OF AMOUNTS.—An amount made 
available or appropriated under section 5338(b), 5338(g), 
or 5338(h) for replacement, rehabilitation, and purchase 
of buses and related equipment and construction of bus- 
related facilities or for new fixed guideway capital projects 
shall remain available for 3 fiscal years, including the fis-
cal year in which the amount is made available or appro-
priated. Any of such amounts that are unobligated at the 
end of the 3-fiscal-year period shall be deobligated and
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may be used by the Secretary for any purpose under this 
section. 
‘‘(m) ALLOCATING AMOUNTS.— 
‘‘(1) FISCAL
YEAR 2004.—Of the amounts 
made available by or appropriated under section 
5338(b), $85,000,000 shall be allocated to new fixed 
guideway capital projects under subsection (d). Re-
maining amounts shall be allocated as follows: 
‘‘(A) 40 percent for fixed guideway mod-
ernization; 
‘‘(B) 40 percent for major new fixed guide-
way capital projects; and 
‘‘(C) 20 percent to replace, rehabilitate, 
and purchase buses and related equipment and 
to construct bus-related facilities. 
‘‘(2) FISCAL
YEARS
2005–2009.—The total 
amount of funds made available by section 5338(g), 
and appropriated under section 5338(h), for each of 
fiscal years 2005 through 2009 shall be allocated in 
the fiscal year as follows: 
‘‘(A) SMALL
CAPITAL
PROJECTS.—From 
funds appropriated under section 5338(h) for 
new fixed guideway capital projects described in 
subsection (d)— 
‘‘(i) $135,000,000 in fiscal year 2005;
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‘‘(ii) $175,000,000 in fiscal year 
2006; 
‘‘(iii) $200,000,000 in fiscal year 
2007; 
‘‘(iv) $200,000,000 in fiscal year 
2008; and 
‘‘(v) $225,000,000 in fiscal year 
2009. 
‘‘(B) REMAINDER.—After the allocation 
under subparagraph (A), the remainder of such 
total amount shall be allocated as follows: 
‘‘(i) 40 percent for fixed guideway 
modernization, to be derived from funds 
made available under section 5338(g). 
‘‘(ii) 40 percent for major new fixed 
capital guideway projects, to be derived 
from funds appropriated under section 
5338(h). 
‘‘(iii) 20 percent to replace, rehabili-
tate, and purchase buses and related 
equipment and to construct bus-related fa-
cilities, to be derived from funds made 
available under section 5338(g). 
‘‘(3) FUNDING FOR FERRY BOAT SYSTEMS.—Of 
the amounts made available under paragraphs
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(1)(B) and (2)(B)(ii), $10,400,000 shall be available 
in each of fiscal years 2004 through 2009 for new 
fixed guideway capital projects in Alaska or Hawaii 
that are for ferry boats or ferry terminal facilities or 
that are for approaches to ferry terminal facilities. 
Of the amounts made available under paragraphs 
(1)(C) and (2)(B)(iii), $10,000,000 shall be avail-
able in each of fiscal years 2004 through 2009 for 
ferry boats or ferry terminal facilities. 
‘‘(4) FUEL
CELL
BUS
PROGRAM.—Of the 
amounts made available under subsections (m)(1)(C) 
and (m)(2)(B)(iii) for a fiscal year, the following 
amounts shall be set aside for the national fuel cell 
bus technology development program under section 
3039 of the Federal Public Transportation Act of 
2004: 
‘‘(A) $4,849,950 for fiscal year 2004. 
‘‘(B) $10,000,000 for fiscal year 2005. 
‘‘(C) $11,000,000 for fiscal year 2006. 
‘‘(D) $12,000,000 for fiscal year 2007. 
‘‘(E) $13,000,000 for fiscal year 2008. 
‘‘(F) $14,000,000 for fiscal year 2009. 
‘‘(n) NEW FIXED GUIDEWAY CAPITAL PROJECT DE-
FINED.—In this section, the term ‘new fixed guideway 
capital project’ means a minimum operable segment of a
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capital project for a new fixed guideway system or exten-
sion to an existing fixed guideway system.’’. 
(e) CONFORMING AMENDMENTS.— 
(1) CHAPTER
ANALYSIS.—The analysis for 
chapter 53 is amended by striking the item relating 
to section 5309 and inserting the following: 
‘‘5309. Capital investment grants.’’. 
(2) SECTION 5328.—Section 5328(a) is amend-
ed— 
(A) in paragraph (2) by striking ‘‘5309(e)’’ 
and inserting ‘‘5309(c)’’; and 
(B) in paragraph (4) by striking ‘‘under 
section 5309(o)(1)’’ and inserting ‘‘under sec-
tion 5309(i)(1)’’. 
SEC. 3011. FORMULA GRANTS FOR SPECIAL NEEDS OF EL-
DERLY INDIVIDUALS AND INDIVIDUALS WITH 
DISABILITIES. 
(a) IN GENERAL.—Section 5310 is amended— 
(1) by striking the section heading and insert-
ing the following: 
‘‘§ 5310. Formula grants for special needs of elderly 
individuals and individuals with disabil-
ities’’; 
(2) by striking subsections (a) through (g) and 
inserting the following: 
‘‘(a) GENERAL AUTHORITY.—
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‘‘(1) 
GRANTS.—The 
Secretary 
may 
make 
grants to States and local governmental authorities 
under this section for public transportation capital 
projects, and operating costs associated with public 
transportation capital projects, planned, designed, 
and carried out to meet the special needs of elderly 
individuals and individuals with disabilities. 
‘‘(2) SUBRECIPIENTS.—A State that receives a 
grant under this section may allocate the amounts of 
the grant to— 
‘‘(A) a private nonprofit organization if the 
public transportation service provided under 
paragraph (1) is unavailable, insufficient, or in-
appropriate; or 
‘‘(B) a governmental authority that— 
‘‘(i) is approved by the State to co-
ordinate services for elderly individuals and 
individuals with disabilities; or 
‘‘(ii) certifies that there are not any 
nonprofit organizations readily available in 
the area to provide the services described 
under paragraph (1). 
‘‘(3) 
ACQUIRING
PUBLIC
TRANSPORTATION 
SERVICES.—A public transportation capital project
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under this section may include acquisition of public 
transportation services as an eligible capital expense. 
‘‘(4) ADMINISTRATIVE EXPENSES.—A State or 
local governmental authority may use not more than 
10 percent of the amounts apportioned to the State 
under this section to administer, plan, and provide 
technical assistance for a project funded under this 
section. 
‘‘(b) APPORTIONMENT AND TRANSFERS.— 
‘‘(1) APPORTIONMENT.— 
‘‘(A) FORMULA.—The Secretary shall ap-
portion amounts made available to carry out 
this section under a formula the Secretary ad-
ministers that considers the number of elderly 
individuals and individuals with disabilities in 
each State. 
‘‘(B) LOW DENSITY ADJUSTMENT.—In ad-
ministering the apportionment formula under 
subparagraph (A)— 
‘‘(i) in the case of a State with a pop-
ulation density of 10 or fewer persons per 
square mile, the Secretary shall multiply 
by a factor of 2 the number of elderly indi-
viduals and individuals with disabilities in 
the State (as determined using the most
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recent decennial United States Census); 
and 
‘‘(ii) in the case of a State with a pop-
ulation density of more than 10 but equal 
to or fewer than 30 persons per square 
mile, the Secretary shall multiply by a fac-
tor of 1.25 the number of elderly individ-
uals and individuals with disabilities in the 
State (as determined using the most recent 
decennial United States Census). 
‘‘(2) TRANSFERS.—Any State’s apportionment 
remaining available for obligation at the beginning 
of the 90-day period before the end of the period of 
availability of the apportionment is available to the 
State for transfer to supplement amounts appor-
tioned to the State under section 5311(c) or 
5336(a)(1), or both. Any funds transferred pursuant 
to this paragraph shall be made available only for el-
igible projects as described in this section. 
‘‘(c) GOVERNMENT’S SHARE OF COSTS.— 
‘‘(1) CAPITAL PROJECTS.—A grant for a capital 
project under this section shall be for 80 percent of 
the net capital costs of the project, as determined by 
the Secretary; except that in the case of a State de-
scribed in section 120(b)(1) of title 23, such percent-
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age shall be increased in accordance with such sec-
tion. 
‘‘(2) OPERATING ASSISTANCE.—A grant made 
under this section for operating assistance may not 
exceed 50 percent of the net operating costs of the 
project, as determined by the Secretary. 
‘‘(3) REMAINDER.—The remainder of the net 
project costs— 
‘‘(A) may be provided from an undistrib-
uted cash surplus, a replacement or deprecia-
tion cash fund or reserve, a service agreement 
with a State or local social service agency or a 
private social service organization, or new cap-
ital; and 
‘‘(B) may be derived from amounts appro-
priated to or made available to a department or 
agency of the Government (other than the De-
partment of Transportation) that are eligible to 
be expended for transportation. 
‘‘(4) USE OF CERTAIN FUNDS.—For purposes 
of paragraph (3)(B), the prohibitions on the use of 
funds for matching requirements under section 
403(a)(5)(C)(vii) of the Social Security Act (42 
U.S.C. 603(a)(5)(C)(vii)) shall not apply to Federal
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or State funds to be used for transportation pur-
poses. 
‘‘(d) GRANT REQUIREMENTS.— 
‘‘(1) IN GENERAL.—A grant under this section 
shall be subject to all requirements of a grant under 
section 5307. A grant to a subrecipient under this 
section shall be subject to such requirements to the 
extent the Secretary considers appropriate. 
‘‘(2) COORDINATION
WITH
NONPROFIT
PRO-
VIDERS.—A recipient that transfers funds to an ap-
portionment under section 5336(a)(1) pursuant to 
subsection (b)(2) shall certify that the project for 
which the funds are requested under this section has 
been coordinated with nonprofit providers of serv-
ices. 
‘‘(3) PROJECT SELECTION AND PLANNING.—A 
recipient of funds under this section shall certify 
that— 
‘‘(A) the projects selected were derived 
from a locally developed, coordinated public 
transit-human services transportation plan; and 
‘‘(B) the plan was developed through a 
process that included representatives of public, 
private, and nonprofit transportation and
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human services providers and participation by 
the public. 
‘‘(4) FAIR AND EQUITABLE DISTRIBUTION.—A 
recipient of a grant under this section shall certify 
that allocations of the grant to subrecipients are dis-
tributed on a fair and equitable basis. 
‘‘(e) STATE PROGRAM.— 
‘‘(1) IN GENERAL.—Amounts made available to 
carry out this section may be used for transportation 
projects to assist in providing transportation services 
for elderly individuals and individuals with disabil-
ities that are included in a State program of 
projects. 
‘‘(2) SUBMISSION AND APPROVAL.—A program 
shall be submitted annually to the Secretary for ap-
proval and shall contain an assurance that the pro-
gram provides for maximum feasible coordination of 
transportation services assisted under this section 
with transportation services assisted by other Gov-
ernment sources. 
‘‘(f) LEASING VEHICLES.—Vehicles acquired under 
this section may be leased to local governmental authori-
ties to improve transportation services designed to meet 
the special needs of elderly individuals and individuals 
with disabilities.’’; and
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(3) by redesignating subsections (h) through (j) 
as subsections (g) through (i), respectively. 
(b) CONFORMING AMENDMENT.—The analysis for 
chapter 53 is amended by striking the item relating to 
section 5310 and inserting the following: 
‘‘5310. Formula grants for special needs of elderly individuals and individuals 
with disabilities.’’. 
SEC. 3012. FORMULA GRANTS FOR OTHER THAN URBAN-
IZED AREAS. 
(a) DEFINITIONS.—Section 5311(a) is amended to 
read as follows: 
‘‘(a) DEFINITIONS.—In this section, the following 
definitions apply: 
‘‘(1) RECIPIENT.—The term ‘recipient’ means a 
State that receives a Federal transit program grant 
directly from the Government. 
‘‘(2) SUBRECIPIENT.—The term ‘subrecipient’ 
means a State or local governmental authority, non-
profit organization, or operator of public transpor-
tation services that receives a Federal transit pro-
gram grant indirectly through a recipient.’’. 
(b) GENERAL
AUTHORITY.—Section 5311(b) is 
amended to read as follows: 
‘‘(b) GENERAL AUTHORITY.— 
‘‘(1) GRANTS.—Except as provided in para-
graph (2), the Secretary may make grants to other
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than urbanized areas under this section for the fol-
lowing: 
‘‘(A) Public transportation capital projects. 
‘‘(B) Operating costs of equipment and fa-
cilities for use in public transportation. 
‘‘(C) Acquisition of public transportation 
services, including service agreements with pri-
vate providers of public transportation services. 
‘‘(2) STATE PROGRAM.— 
‘‘(A) IN GENERAL.—Amounts made avail-
able to carry out this section shall be used for 
projects included in a State program for public 
transportation projects, including service agree-
ments with private providers of public transpor-
tation. 
‘‘(B) SUBMISSION.—The program shall be 
submitted annually to the Secretary for ap-
proval. 
‘‘(C) APPROVAL.—The Secretary may ap-
prove the program only if the Secretary finds 
that the program provides a fair distribution of 
amounts in the State, including Indian reserva-
tions, and the maximum feasible coordination of 
public transportation service assisted under this
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section with transportation service assisted by 
other Federal sources. 
‘‘(3) RURAL
TRANSPORTATION
ASSISTANCE 
PROGRAM.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
carry out a rural transportation assistance pro-
gram in other than urbanized areas. 
‘‘(B) GRANTS AND CONTRACTS.—In car-
rying out this paragraph, the Secretary may use 
not more than 2 percent of the amount made 
available to carry out this section to make 
grants and contracts for transportation re-
search, technical assistance, training, and re-
lated support services in other than urbanized 
areas. 
‘‘(C) PROJECTS OF A NATIONAL SCOPE.— 
Not more than 15 percent of the amounts avail-
able under subparagraph (B) may be used by 
the Secretary to carry out projects of a national 
scope, with the remaining balance provided to 
the States.’’. 
(c) APPORTIONMENTS.—Section 5311(c) is amended 
to read as follows: 
‘‘(c) APPORTIONMENTS.—
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‘‘(1) IN GENERAL.—The Secretary shall appor-
tion amounts made available to carry out this sec-
tion among the States in the ratio that— 
‘‘(A) the population of other than urban-
ized areas in each State, as shown by the most 
recent Government decennial census of popu-
lation; bears to 
‘‘(B) the population of all other than ur-
banized areas in the United States, as shown by 
that census. 
‘‘(2) LOW DENSITY ADJUSTMENT.—In admin-
istering the apportionment formula under paragraph 
(1)— 
‘‘(A) in the case of a State with a popu-
lation density of 10 or fewer persons per square 
mile in other than urbanized areas of the State, 
the Secretary shall multiply by a factor of 1.5 
the population of such other than urbanized 
areas (as determined using the most recent de-
cennial United States Census); and 
‘‘(B) in the case of a State with a popu-
lation density of more than 10 but equal to or 
fewer than 12 persons per square mile in other 
than urbanized areas of the State, the Sec-
retary shall multiply by a factor of 1.25 the
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population of such other than urbanized areas 
(as determined using the most recent decennial 
United States Census). 
‘‘(3) AVAILABILITY.—The amount apportioned 
to a State under this subsection may be obligated by 
the State for 2 fiscal years after the fiscal year in 
which the amount is apportioned. An amount that is 
not obligated at the end of that period shall be re-
apportioned among the States for the next fiscal 
year.’’. 
(d) USE
FOR ADMINISTRATION, PLANNING, AND 
TECHNICAL ASSISTANCE.—Section 5311(e) is amended— 
(1) in the subsection heading by inserting ‘‘, 
PLANNING,’’ after ‘‘ADMINISTRATION’’; 
(2) by striking ‘‘(1) The Secretary’’ and insert-
ing ‘‘The Secretary’’; 
(3) by striking paragraph (2); and 
(4) by striking ‘‘recipient’’ and inserting ‘‘sub-
recipient’’. 
(e) INTERCITY
BUS
TRANSPORTATION.—Section 
5311(f) is amended— 
(1) in paragraph (1) by striking ‘‘after Sep-
tember 30, 1993,’’; and
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(2) in paragraph (2) by striking ‘‘A State’’ and 
inserting ‘‘After consultation with affected intercity 
bus service providers, a State’’. 
(f) GOVERNMENT’S
SHARE
OF
COSTS.—Section 
5311(g) is amended to read as follows: 
‘‘(g) GOVERNMENT’S SHARE OF COSTS.— 
‘‘(1) CAPITAL PROJECTS.—A grant for a capital 
project under this section shall be for 80 percent of 
the net capital costs of the project, as determined by 
the Secretary; except that in the case of a State de-
scribed in section 120(b)(1) of title 23, such percent-
age shall be increased in accordance with such sec-
tion. 
‘‘(2) OPERATING ASSISTANCE.—A grant made 
under this section for operating assistance may not 
exceed 50 percent of the net operating costs of the 
project, as determined by the Secretary. 
‘‘(3) REMAINDER.—The remainder of net 
project costs— 
‘‘(A) may be provided from an undistrib-
uted cash surplus, a replacement or deprecia-
tion cash fund or reserve, a service agreement 
with a State or local social service agency or a 
private social service organization, or new cap-
ital; and
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‘‘(B) may be derived from amounts appro-
priated to or made available to a department or 
agency of the Government (other than the De-
partment of Transportation) that are eligible to 
be expended for transportation. 
‘‘(4) USE OF CERTAIN FUNDS.—For purposes 
of paragraph (3)(B), the prohibitions on the use of 
funds for matching requirements under section 
403(a)(5)(C)(vii) of the Social Security Act (42 
U.S.C. 603(a)(5)(C)(vii)) shall not apply to Federal 
or State funds to be used for transportation pur-
poses. 
‘‘(5) 
LIMITATION
ON
OPERATING
ASSIST-
ANCE.—A State carrying out a program of operating 
assistance under this section may not limit the level 
or extent of use of the Government grant for the 
payment of operating expenses.’’. 
(g) RELATIONSHIP TO OTHER LAWS.—Section 5311 
is amended— 
(1) by striking subsection (h); and 
(2) by redesignating subsections (i) and (j) as 
subsections (h) and (i), respectively. 
(h) CORRECTION TO CHAPTER ANALYSIS.—The anal-
ysis for chapter 53 is amended by striking the item relat-
ing to section 5311 and inserting the following: 
‘‘5311. Formula grants for other than urbanized areas.’’.
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SEC. 3013. RESEARCH, DEVELOPMENT, DEMONSTRATION, 
AND DEPLOYMENT PROJECTS. 
(a) IN GENERAL.—Section 5312 is amended— 
(1) in subsection (a)— 
(A) by striking the first parenthetical 
phrase; 
(B) by striking ‘‘or contracts’’ and insert-
ing ‘‘, contracts, cooperative agreements, or 
other transactions’’; 
(C) by striking ‘‘help reduce urban trans-
portation needs, improve mass transportation 
service,’’ and inserting ‘‘improve transportation 
service’’; 
(D) by striking ‘‘urban’’ each place it ap-
pears; and 
(E) 
by 
striking 
‘‘and 
demonstration 
projects’’ and inserting ‘‘, demonstration or de-
ployment projects, or evaluation of technology 
of national significance’’; 
(2) by striking subsections (b) and (c); 
(3) by redesignating subsections (d) and (e) as 
subsections (b) and (c), respectively; 
(4) in subsection (b)(2) (as so redesignated) by 
striking ‘‘other agreements’’ and inserting ‘‘other 
transactions’’; and
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(5) in subsection (c)(2) (as so redesignated) by 
striking ‘‘public and’’ and inserting ‘‘public or’’. 
(b) CONFORMING AMENDMENTS.— 
(1) 
SECTION
HEADING.—Section 
5312 
is 
amended by striking the section heading and insert-
ing the following: 
‘‘§ 5312. Research, development, demonstration, and 
deployment projects’’. 
(2) CHAPTER
ANALYSIS.—The analysis for 
chapter 53 is amended by striking the item relating 
to section 5312 and inserting the following: 
‘‘5312. Research, development, demonstration, and deployment projects.’’. 
SEC. 3014. COOPERATIVE RESEARCH PROGRAM. 
(a) IN GENERAL.—Section 5313 is amended— 
(1) in subsection (a) by striking ‘‘(1) The 
amounts made available under paragraphs (1) and 
(2)(C)(ii) of section 5338(d) of this title’’ and insert-
ing ‘‘The amounts made available under paragraphs 
(1)(C)(iv) and (2)(C) of section 5338(d)’’; 
(2) by striking subsection (b); 
(3) in subsection (a)(2) by striking ‘‘(2) The’’ 
and inserting ‘‘(b) FEDERAL ASSISTANCE.—The’’; 
and 
(4) in subsection (c) by striking ‘‘subsection (a) 
of’’. 
(b) CONFORMING AMENDMENTS.—
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(1) IN GENERAL.—Section 5313 is amended by 
striking the section heading and inserting the fol-
lowing: 
‘‘§ 5313. Cooperative research program’’. 
(2) CHAPTER
ANALYSIS.—The analysis for 
chapter 53 is amended by striking the item relating 
to section 5313 and inserting the following: 
‘‘5313. Cooperative research program.’’. 
SEC. 3015. NATIONAL RESEARCH AND TECHNOLOGY PRO-
GRAMS. 
(a) IN GENERAL.—Section 5314 is amended— 
(1) by striking the section heading and insert-
ing the following: 
‘‘§ 5314. National research and technology programs’’; 
(2) in subsection (a)(1)— 
(A) by striking ‘‘subsections (d) and (h)(7) 
of section 5338 of this title’’ and inserting ‘‘sec-
tion 5338(d)’’; 
(B) by striking ‘‘and contracts’’ and insert-
ing ‘‘, contracts, cooperative agreements, or 
other transactions’’; 
(C) by striking ‘‘5303–5306,’’; and 
(D) by striking ‘‘5317,’’; 
(3) in subsection (a)(2) by striking ‘‘Of the 
amounts’’ and all that follows through ‘‘$3,000,000 
to’’ and inserting ‘‘The Secretary shall’’;
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(4) by striking subsection (a)(4)(B); 
(5) by redesignating subsection (a)(4)(C) as 
subsection (a)(4)(B); and 
(6) in subsection (b) by striking ‘‘or contract’’ 
and all that follows through ‘‘section,’’ and inserting 
‘‘, contract, cooperative agreement, or other trans-
action under subsection (a) or section 5312,’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
chapter 53 is amended by striking the item relating to 
section 5314 and inserting the following: 
‘‘5314. National research and technology programs.’’. 
SEC. 3016. NATIONAL TRANSIT INSTITUTE. 
Section 5315 is amended— 
(1) in subsection (a) by striking ‘‘public mass 
transportation’’ and inserting ‘‘public transpor-
tation’’; and 
(2) in subsection (d) by striking ‘‘mass’’ each 
place it appears. 
SEC. 3017. JOB ACCESS AND REVERSE COMMUTE FORMULA 
GRANTS. 
(a) IN GENERAL.—Chapter 53 is amended by insert-
ing after section 5315 the following: 
‘‘§ 5316. Job access and reverse commute formula 
grants 
‘‘(a) DEFINITIONS.—In this section, the following 
definitions apply:
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‘‘(1) ACCESS TO JOBS PROJECT.—The term ‘ac-
cess to jobs project’ means a project relating to the 
development and maintenance of transportation 
services designed to transport welfare recipients and 
eligible low-income individuals to and from jobs and 
activities related to their employment, including— 
‘‘(A) transportation projects to finance 
planning, capital, and operating costs of pro-
viding access to jobs under this chapter; 
‘‘(B) promoting public transportation by 
low-income workers, including the use of public 
transportation by workers with nontraditional 
work schedules; 
‘‘(C) promoting the use of transit vouchers 
for welfare recipients and eligible low-income in-
dividuals; and 
‘‘(D) promoting the use of employer-pro-
vided transportation, including the transit pass 
benefit program under section 132 of the Inter-
nal Revenue Code of 1986. 
‘‘(2) ELIGIBLE LOW-INCOME INDIVIDUAL.—The 
term ‘eligible low-income individual’ means an indi-
vidual whose family income is at or below 150 per-
cent of the poverty line (as that term is defined in 
section 673(2) of the Community Services Block
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Grant Act (42 U.S.C. 9902(2)), including any revi-
sion required by that section) for a family of the size 
involved. 
‘‘(3) RECIPIENT.—The term ‘recipient’ means a 
designated 
recipient 
(as 
defined 
in 
section 
5307(a)(2)) and a State that receives a grant under 
this section directly. 
‘‘(4) REVERSE COMMUTE PROJECT.—The term 
‘reverse commute project’ means a public transpor-
tation project designed to transport residents of ur-
banized areas and other than urbanized areas to 
suburban employment opportunities, including any 
projects to— 
‘‘(A) subsidize the costs associated with 
adding reverse commute bus, train, carpool, van 
routes, or service from urbanized areas and 
other than urbanized areas to suburban work-
places; 
‘‘(B) subsidize the purchase or lease by a 
nonprofit organization or public agency of a van 
or bus dedicated to shuttling employees from 
their residences to a suburban workplace; or 
‘‘(C) otherwise facilitate the provision of 
public transportation services to suburban em-
ployment opportunities.
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‘‘(5) SUBRECIPIENT.—The term ‘subrecipient’ 
means a State or local governmental authority, non-
profit organization, or operator of public transpor-
tation services that receives a grant under this sec-
tion indirectly through a recipient. 
‘‘(6) WELFARE RECIPIENT.—The term ‘welfare 
recipient’ means an individual who has received as-
sistance under a State or tribal program funded 
under part A of title IV of the Social Security Act 
at any time during the 3-year period before the date 
on which the applicant applies for a grant under this 
section. 
‘‘(b) GENERAL AUTHORITY.— 
‘‘(1) 
GRANTS.—The 
Secretary 
may 
make 
grants under this section to a recipient for access to 
jobs and reverse commute projects carried out by the 
recipient or a subrecipient. 
‘‘(2) ADMINISTRATIVE EXPENSES.—A recipient 
may use not more than 10 percent of the amounts 
apportioned to the recipient under this section to ad-
minister, plan, and provide technical assistance for 
a project funded under this section. 
‘‘(c) APPORTIONMENTS.—
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‘‘(1) FORMULA.—The Secretary shall apportion 
amounts made available to carry out this section as 
follows: 
‘‘(A) 60 percent of the funds shall be ap-
portioned among designated recipients (as de-
fined in section 5307(a)(2)) for urbanized areas 
with a population of 200,000 or more in the 
ratio that— 
‘‘(i) the number of eligible low-income 
individuals and welfare recipients in each 
such urbanized area; bears to 
‘‘(ii) the number of eligible low-income 
individuals and welfare recipients in all 
such urbanized areas. 
‘‘(B) 20 percent of the funds shall be ap-
portioned among the States in the ratio that— 
‘‘(i) the number of eligible low-income 
individuals and welfare recipients in urban-
ized areas with a population of less than 
200,000 in each State; bears to 
‘‘(ii) the number of eligible low-income 
individuals and welfare recipients in urban-
ized areas with a population of less than 
200,000 in all States.
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‘‘(C) 20 percent of the funds shall be ap-
portioned among the States in the ratio that— 
‘‘(i) the number of eligible low-income 
individuals and welfare recipients in other 
than urbanized areas in each State; bears 
to 
‘‘(ii) the number of eligible low-income 
individuals and welfare recipients in other 
than urbanized areas in all States. 
‘‘(2) USE OF APPORTIONED FUNDS.—Except as 
provided in paragraph (3)— 
‘‘(A) funds apportioned under paragraph 
(1)(A) shall be used for projects serving urban-
ized areas with a population of 200,000 or 
more; 
‘‘(B) funds apportioned under paragraph 
(1)(B) shall be used for projects serving urban-
ized areas with a population of less than 
200,000; and 
‘‘(C) funds apportioned under paragraph 
(1)(C) shall be used for projects serving other 
than urbanized areas. 
‘‘(3) EXCEPTIONS.—A State may use funds ap-
portioned under paragraphs (1)(B) and (1)(C)—
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‘‘(A) for projects serving areas other than 
the area specified in paragraph (2)(B) or 
(2)(C), as the case may be, if the Governor of 
the State certifies that all of the objectives of 
this section are being met in the specified area; 
or 
‘‘(B) for projects anywhere in the State if 
the State has established a statewide program 
for meeting the objectives of this section. 
‘‘(d) COMPETITIVE PROCESS FOR GRANTS TO SUB-
RECIPIENTS.— 
‘‘(1) AREAWIDE SOLICITATIONS.—A recipient of 
funds apportioned under subsection (c)(1)(A) shall 
conduct, in cooperation with the appropriate metro-
politan planning organization, an areawide solicita-
tion for applications for grants to the recipient and 
subrecipients under this section. 
‘‘(2) STATEWIDE SOLICITATION.—A recipient of 
funds apportioned under subsection (c)(1)(B) or 
(c)(1)(C) shall conduct a statewide solicitation for 
applications for grants to the recipient and sub-
recipients under this section. 
‘‘(3) APPLICATION.—Recipients and subrecipi-
ents seeking to receive a grant from funds appor-
tioned under subsection (c) shall submit to the re-
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cipient an application in the form and in accordance 
with such requirements as the recipient shall estab-
lish. 
‘‘(4) GRANT
AWARDS.—The recipient shall 
award grants under paragraphs (1) and (2) on a 
competitive basis. 
‘‘(e) TRANSFERS.— 
‘‘(1) IN GENERAL.—A State may transfer any 
funds apportioned to it under subsection (c)(1)(B) 
or (c)(1)(C), or both, to an apportionment under 
section 5311(c) or 5336, or both. 
‘‘(2) LIMITED
TO
ELIGIBLE
PROJECTS.—Any 
apportionment transferred under this subsection 
shall be made available only for eligible job access 
and reverse commute projects as described in this 
section. 
‘‘(3) CONSULTATION.—A State may make a 
transfer of an amount under this subsection only 
after consulting with responsible local officials and 
publicly owned operators of public transportation in 
each area for which the amount originally was 
awarded under subsection (d)(4). 
‘‘(f) GRANT REQUIREMENTS.— 
‘‘(1) IN GENERAL.—A grant under this section 
shall be subject to the requirements of section 5307.
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‘‘(2) FAIR AND EQUITABLE DISTRIBUTION.—A 
recipient of a grant under this section shall certify 
to the Secretary that allocations of the grant to sub-
recipients are distributed on a fair and equitable 
basis. 
‘‘(g) COORDINATION.— 
‘‘(1) IN GENERAL.—The Secretary shall coordi-
nate activities under this section with related activi-
ties under programs of other Federal departments 
and agencies. 
‘‘(2) WITH NONPROFIT PROVIDERS.—A State 
that transfers funds to an apportionment under sec-
tion 5336 pursuant to subsection (e) shall certify to 
the Secretary that any project for which the funds 
are requested under this section has been coordi-
nated with nonprofit providers of services. 
‘‘(3) PROJECT SELECTION AND PLANNING.—A 
recipient of funds under this section shall certify to 
the Secretary that— 
‘‘(A) the projects selected were derived 
from a locally developed, coordinated public 
transit-human services transportation plan; and 
‘‘(B) the plan was developed through a 
process that included representatives of public, 
private, and nonprofit transportation and
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human services providers and participation by 
the public. 
‘‘(h) GOVERNMENT’S SHARE OF COSTS.— 
‘‘(1) CAPITAL PROJECTS.—A grant for a capital 
project under this section may not exceed 80 percent 
of the net capital costs of the project, as determined 
by the Secretary. 
‘‘(2) OPERATING ASSISTANCE.—A grant made 
under this section for operating assistance may not 
exceed 50 percent of the net operating costs of the 
project, as determined by the Secretary. 
‘‘(3) REMAINDER.—The remainder of the net 
project costs— 
‘‘(A) may be provided from an undistrib-
uted cash surplus, a replacement or deprecia-
tion cash fund or reserve, a service agreement 
with a State or local social service agency or a 
private social service organization, or new cap-
ital; and 
‘‘(B) may be derived from amounts appro-
priated to or made available to a department or 
agency of the Government (other than the De-
partment of Transportation) that are eligible to 
be expended for transportation.
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‘‘(4) USE OF CERTAIN FUNDS.—For purposes 
of paragraph (3)(B), the prohibitions on the use of 
funds for matching requirements under section 
403(a)(5)(C)(vii) of the Social Security Act (42 
U.S.C. 603(a)(5)(C)(vii)) shall not apply to Federal 
or State funds to be used for transportation pur-
poses. 
‘‘(5) 
LIMITATION
ON
OPERATING
ASSIST-
ANCE.—A recipient carrying out a program of oper-
ating assistance under this section may not limit the 
level or extent of use of the Government grant for 
the payment of operating expenses. 
‘‘(i) PROGRAM EVALUATION.— 
‘‘(1) COMPTROLLER
GENERAL.—Beginning 1 
year after the date of enactment of the Federal Pub-
lic Transportation Act of 2004, and every 2 years 
thereafter, the Comptroller General shall— 
‘‘(A) conduct a study to evaluate the grant 
program authorized by this section; and 
‘‘(B) transmit to the Committee on Trans-
portation and Infrastructure of the House of 
Representatives and the Committee on Bank-
ing, Housing, and Urban Affairs of the Senate 
a report describing the results of the study 
under subparagraph (A).
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‘‘(2) DEPARTMENT OF TRANSPORTATION.—Not 
later than 3 years after the date of enactment of 
Federal Public Transportation Act of 2004, the Sec-
retary shall— 
‘‘(A) conduct a study to evaluate the effec-
tiveness of the grant program authorized by 
this section and the effectiveness of recipients 
making grants to subrecipients under this sec-
tion; and 
‘‘(B) transmit to the committees referred 
to in paragraph (1)(B) a report describing the 
results of the study under subparagraph (A).’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
chapter 53 is amended by inserting after the item relating 
to section 5315 the following: 
‘‘5316. Job access and reverse commute formula grants.’’. 
(c) REPEAL.—Section 3037 of the Transportation 
Equity Act for the 21st Century (49 U.S.C. 5309 note; 
112 Stat. 387) is repealed. 
SEC. 3018. NEW FREEDOM PROGRAM. 
(a) IN GENERAL.—Chapter 53 is further amended by 
inserting after section 5316 the following: 
‘‘§ 5317. New Freedom program 
‘‘(a) DEFINITIONS.—In this section, the following 
definitions apply:
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‘‘(1) RECIPIENT.—The term ‘recipient’ means a 
designated 
recipient 
(as 
defined 
in 
section 
5307(a)(2)) and a State that receives a grant under 
this section directly. 
‘‘(2) SUBRECIPIENT.—The term ‘subrecipient’ 
means a State or local governmental authority, non-
profit organization, or operator of public transpor-
tation services that receives a grant under this sec-
tion indirectly through a recipient. 
‘‘(b) GENERAL AUTHORITY.— 
‘‘(1) 
GRANTS.—The 
Secretary 
may 
make 
grants under this section to a recipient for new pub-
lic transportation services and public transportation 
alternatives beyond those required by the Americans 
with Disabilities Act of 1990 (42 U.S.C. 12101 et 
seq.) that assist individuals with disabilities with 
transportation, including transportation to and from 
jobs and employment support services. 
‘‘(2) ADMINISTRATIVE EXPENSES.—A recipient 
may use not more than 10 percent of the amounts 
apportioned to the recipient under this section to ad-
minister, plan, and provide technical assistance for 
a project funded under this section. 
‘‘(c) APPORTIONMENTS.—
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‘‘(1) FORMULA.—The Secretary shall apportion 
amounts made available to carry out this section as 
follows: 
‘‘(A) 60 percent of the funds shall be ap-
portioned among designated recipients (as de-
fined in section 5307(a)(2)) for urbanized areas 
with a population of 200,000 or more in the 
ratio that— 
‘‘(i) the number of individuals with 
disabilities in each such urbanized area; 
bears to 
‘‘(ii) the number of individuals with 
disabilities in all such urbanized areas. 
‘‘(B) 20 percent of the funds shall be ap-
portioned among the States in the ratio that— 
‘‘(i) the number of individuals with 
disabilities in urbanized areas with a popu-
lation of less than 200,000 in each State; 
bears to 
‘‘(ii) the number of individuals with 
disabilities in urbanized areas with a popu-
lation of less than 200,000 in all States. 
‘‘(C) 20 percent of the funds shall be ap-
portioned among the States in the ratio that—
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‘‘(i) the number of individuals with 
disabilities in other than urbanized areas 
in each State; bears to 
‘‘(ii) the number of individuals with 
disabilities in other than urbanized areas 
in all States. 
‘‘(2) USE OF APPORTIONED FUNDS.—Except as 
provided in paragraph (3)— 
‘‘(A) funds apportioned under paragraph 
(1)(A) shall be used for projects serving urban-
ized areas with a population of 200,000 or 
more; 
‘‘(B) funds apportioned under paragraph 
(1)(B) shall be used for projects serving urban-
ized areas with a population of less than 
200,000; and 
‘‘(C) funds apportioned under paragraph 
(1)(C) shall be used for projects serving other 
than urbanized areas. 
‘‘(3) LOW DENSITY ADJUSTMENT.— 
‘‘(A) SMALLER
URBANIZED
AREAS.—In 
administering the apportionment formula under 
paragraph (1)(B)— 
‘‘(i) in the case of a State with a pop-
ulation density of 10 or fewer persons per
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square mile in other than urbanized areas 
of the State, the Secretary shall multiply 
by a factor of 2 the number of individuals 
with disabilities in urbanized areas of the 
State with a population of less than 
200,000 (as determined using the most re-
cent decennial United States Census); and 
‘‘(ii) in the case of a State with a pop-
ulation density of more than 10 but equal 
to or fewer than 30 persons per square 
mile, the Secretary shall multiply by a fac-
tor of 1.25 the number of individuals with 
disabilities in urbanized areas of the State 
with a population of less than 200,000 (as 
determined using the most recent decennial 
United States Census). 
‘‘(B) OTHER THAN URBANIZED AREAS.— 
In administering the apportionment formula 
under paragraph (1)(C)— 
‘‘(i) in the case of a State with a pop-
ulation density of 10 or fewer persons per 
square mile in other than urbanized areas 
of the State, the Secretary shall multiply 
by a factor of 1.5 the number of individ-
uals with disabilities in other than urban-
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ized areas of the State (as determined 
using the most recent decennial United 
States Census); and 
‘‘(ii) in the case of a State with a pop-
ulation density of more than 10 but equal 
to or fewer than 12 persons per square 
mile in other than urbanized areas of the 
State, the Secretary shall multiply by a 
factor of 1.25 the number of individuals 
with disabilities in other than urbanized 
areas of the State (as determined using the 
most recent decennial United States Cen-
sus). 
‘‘(4) TRANSFERS.— 
‘‘(A) IN GENERAL.—A State may transfer 
any funds apportioned to it under paragraph 
(1)(B) or (1)(C), or both, to an apportionment 
under section 5311(c) or 5336, or both. 
‘‘(B) LIMITED TO ELIGIBLE PROJECTS.— 
Any funds transferred pursuant to this para-
graph shall be made available only for eligible 
projects selected under this section. 
‘‘(C) CONSULTATION.—A State may make 
a transfer of an amount under this subsection 
only after consulting with responsible local offi-
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cials and publicly owned operators of public 
transportation in each area for which the 
amount originally was awarded under sub-
section (d)(4). 
‘‘(d) COMPETITIVE PROCESS FOR GRANTS TO SUB-
RECIPIENTS.— 
‘‘(1) AREAWIDE SOLICITATIONS.—A recipient of 
funds apportioned under subsection (c)(1)(A) shall 
conduct, in cooperation with the appropriate metro-
politan planning organization, an areawide solicita-
tion for applications for grants to the recipient and 
subrecipients under this section. 
‘‘(2) STATEWIDE SOLICITATION.—A recipient of 
funds apportioned under subsection (c)(1)(B) or 
(c)(1)(C) shall conduct a statewide solicitation for 
applications for grants to the recipient and sub-
recipients under this section. 
‘‘(3) APPLICATION.—Recipients and subrecipi-
ents seeking to receive a grant from funds appor-
tioned under subsection (c) shall submit to the re-
cipient an application in the form and in accordance 
with such requirements as the recipient shall estab-
lish.
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‘‘(4) GRANT
AWARDS.—The recipient shall 
award grants under paragraphs (1) and (2) on a 
competitive basis. 
‘‘(e) GRANT REQUIREMENTS.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), a grant under this section shall be subject 
to all the requirements of section 5307. 
‘‘(2) 
EMPLOYEE
PROTECTIVE
ARRANGE-
MENTS.—Section 5333(b) shall apply to grants 
under this section, except that the Secretary of 
Labor shall utilize, for urbanized areas with a popu-
lation of less than 200,000 and for other than ur-
banized areas, a special warranty described in sec-
tion 215.7 of title 29, Code of Federal Regulations 
(as in effect on the date of enactment of the Federal 
Public Transportation Act of 2004), that provides a 
fair and equitable arrangement to protect the inter-
est of employees. 
‘‘(3) FAIR AND EQUITABLE DISTRIBUTION.—A 
recipient of a grant under this section shall certify 
that allocations of the grant to subrecipients are dis-
tributed on a fair and equitable basis. 
‘‘(f) COORDINATION.— 
‘‘(1) IN GENERAL.—The Secretary shall coordi-
nate activities under this section with related activi-
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ties under programs of other Federal departments 
and agencies. 
‘‘(2) WITH NONPROFIT PROVIDERS.—A recipi-
ent that transfers funds to an apportionment under 
section 5336 pursuant to subsection (c)(2) shall cer-
tify that the project for which the funds are re-
quested under this section has been coordinated with 
nonprofit providers of services. 
‘‘(3) PROJECT SELECTION AND PLANNING.—A 
recipient of funds under this section shall certify 
that— 
‘‘(A) the projects selected were derived 
from a locally developed, coordinated public 
transit-human services transportation plan; and 
‘‘(B) the plan was developed through a 
process that included representatives of public, 
private, and nonprofit transportation and 
human services providers and participation by 
the public. 
‘‘(g) GOVERNMENT’S SHARE OF COSTS.— 
‘‘(1) CAPITAL PROJECTS.—A grant for a capital 
project under this section may not exceed 80 percent 
of the net capital costs of the project, as determined 
by the Secretary.
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‘‘(2) OPERATING ASSISTANCE.—A grant made 
under this section for operating assistance may not 
exceed 50 percent of the net operating costs of the 
project, as determined by the Secretary. 
‘‘(3) REMAINDER.—The remainder of the net 
project costs— 
‘‘(A) may be provided from an undistrib-
uted cash surplus, a replacement or deprecia-
tion cash fund or reserve, a service agreement 
with a State or local social service agency or a 
private social service organization, or new cap-
ital; and 
‘‘(B) may be derived from amounts appro-
priated to or made available to a department or 
agency of the Government (other than the De-
partment of Transportation) that are eligible to 
be expended for transportation. 
‘‘(4) USE OF CERTAIN FUNDS.—For purposes 
of paragraph (3)(B), the prohibitions on the use of 
funds for matching requirements under section 
403(a)(5)(C)(vii) of the Social Security Act (42 
U.S.C. 603(a)(5)(C)(vii)) shall not apply to Federal 
or State funds to be used for transportation pur-
poses.
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‘‘(5) 
LIMITATION
ON
OPERATING
ASSIST-
ANCE.—A recipient carrying out a program of oper-
ating assistance under this section may not limit the 
level or extent of use of the Government grant for 
the payment of operating expenses.’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
chapter 53 is amended by inserting after the item relating 
to section 5316 the following: 
‘‘5317. New freedom program.’’. 
SEC. 3019. BUS TESTING FACILITY. 
(a) IN GENERAL.—Section 5318 is amended— 
(1) by striking subsection (a) and inserting the 
following: 
‘‘(a) FACILITY.—The Secretary of Transportation 
shall maintain one facility for testing a new bus model 
for maintainability, reliability, safety, performance (in-
cluding braking performance), structural integrity, fuel 
economy, emissions, and noise.’’; 
(2) in subsection (d) by striking ‘‘under section 
5309(m)(1)(C) of this title’’ and inserting ‘‘to carry 
out this section’’; and 
(3) by striking subsection (e) and inserting the 
following: 
‘‘(e) ACQUIRING NEW BUS MODELS.—Amounts ap-
propriated or made available under this chapter may be 
obligated or expended to acquire a new bus model only
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if a bus of that model has been tested at the facility main-
tained by the Secretary under subsection (a).’’. 
(b) CONFORMING AMENDMENT.—Section 5323(c) is 
repealed. 
SEC. 3020. BICYCLE FACILITIES. 
The first sentence of section 5319 is amended— 
(1) by striking ‘‘5309(h),’’ and inserting 
‘‘5309(g),’’; and 
(2) by striking ‘‘and 5311’’ and inserting 
‘‘5311, and 5320’’. 
SEC. 3021. TRANSIT IN THE PARKS PILOT PROGRAM. 
(a) IN GENERAL.—Section 5320 is amended to read 
as follows: 
‘‘§ 5320. Transit in the parks pilot program 
‘‘(a) PUBLIC TRANSPORTATION DEFINED.—In this 
section, the term ‘public transportation’ means general or 
special transportation to the public by a conveyance that 
is publicly or privately owned. Such term does not include 
schoolbus or charter transportation but does include sight-
seeing transportation. 
‘‘(b) ESTABLISHMENT.—Not later than 90 days after 
the date of enactment of the Federal Public Transpor-
tation Act of 2004, the Secretary of Transportation and 
the Secretary of the Interior shall enter into a memo-
randum of understanding to establish a transit in the
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parks pilot program in accordance with the requirements 
of this section. 
‘‘(c) PURPOSE.—The purpose of the pilot program 
shall be to encourage and promote the development of 
transportation systems described in section 5301(a) within 
units of the National Park System to improve visitor mo-
bility and enjoyment (including visitors with disabilities), 
reduce pollution and congestion, and enhance resource 
protection through the use of public transportation. 
‘‘(d) ADMINISTRATION OF PROGRAM.—The program 
shall be administered by the Secretary of Transportation, 
in consultation with the Secretary of the Interior. 
‘‘(e) MEMORANDUM OF UNDERSTANDING.— 
‘‘(1) PLANNING.—The memorandum of under-
standing under subsection (b) shall include transpor-
tation planning procedures that are consistent with 
the metropolitan and statewide planning processes 
required under chapter 52. 
‘‘(2) PROGRAMS.—The memorandum of under-
standing shall include descriptions of programs and 
activities eligible for assistance under the pilot pro-
gram. 
‘‘(3) EXCEPTIONS.—The memorandum of un-
derstanding shall limit or modify the applicability of 
the provisions referred to in subsection (f) to the ex-
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tent necessary to carry out the objectives of this sec-
tion and to be compatible with the laws and regula-
tions governing units of the National Park System. 
‘‘(f) ELIGIBLE USE OF FUNDS.—Except as provided 
under subsection (e)(3), the Secretary may provide funds 
made available to carry out this section to the Secretary 
of the Interior under interagency agreements for the fol-
lowing purposes: 
‘‘(1) PLANNING, ENGINEERING, DESIGN, AND 
EVALUATION.—Planning, engineering, design, and 
evaluation of public transportation projects in units 
of the National Park System, and for technical stud-
ies, in accordance with section 5305(b)(2). 
‘‘(2) 
PUBLIC
TRANSPORTATION
CAPITAL 
PROJECTS.—Public transportation capital projects 
(as defined in section 5302(a)(1)) for such units in 
accordance with all the terms and conditions to 
which a grant is made under subsections (a), (b), 
(c), and (d) of section 5307 and such other terms 
and conditions as are determined by the Secretary. 
The Secretary of the Interior shall act as the des-
ignated recipient for the purposes of subsection 
(a)(2) of section 5307.
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‘‘(3) OPERATING
COSTS.—Operating costs of 
equipment and facilities used in public transpor-
tation for such units. 
‘‘(g) GOVERNMENT’S SHARE OF COSTS.— 
‘‘(1) CAPITAL
PROJECTS.—The Government 
share of the cost of any capital project or activity 
under this section shall be 100 percent of the costs 
of the project, as determined by the Secretary. 
‘‘(2) OPERATING ASSISTANCE.—A grant made 
under this section for operating assistance may not 
exceed 50 percent of the net operating costs of the 
project, as determined by the Secretary. 
‘‘(h) SAVINGS CLAUSE.—Nothing in this section shall 
be construed as superseding, amending, modifying, or re-
pealing any provision of law applicable to units of the Na-
tional Park System.’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
such chapter is further amended by striking the item relat-
ing to section 5320 and inserting the following: 
‘‘5320. Transit in the parks pilot program.’’. 
SEC. 3022. HUMAN RESOURCE PROGRAMS. 
Section 5322 is amended— 
(1) by inserting ‘‘(a) IN GENERAL.—’’ before 
‘‘The Secretary’’; and 
(2) by adding at the end the following:
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‘‘(b) GRANTS
TO
HIGHER
LEARNING
INSTITU-
TIONS.— 
‘‘(1) AUTHORITY TO MAKE GRANTS.—The Sec-
retary may make grants to nonprofit institutions of 
higher learning— 
‘‘(A) to conduct research and investiga-
tions into the theoretical or practical problems 
of public transportation; and 
‘‘(B) to train individuals to conduct fur-
ther research or obtain employment in an orga-
nization that plans, builds, operates, or man-
ages a public transportation system. 
‘‘(2) RESEARCH
AND
INVESTIGATIONS.—Re-
search and investigations under this subsection in-
clude— 
‘‘(A) the design and use of public transpor-
tation systems and public roads and highways; 
‘‘(B) the interrelationship between various 
modes of urban, suburban, rural, and intercity 
transportation; 
‘‘(C) the role of transportation planning in 
overall urban planning; 
‘‘(D) public preferences in transportation; 
‘‘(E) the economic allocation of transpor-
tation resources; and
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‘‘(F) the legal, financial, engineering, and 
esthetic aspects of public transportation. 
‘‘(3) PREFERENCE.—When making a grant 
under this subsection, the Secretary shall give pref-
erence to an institution that brings together knowl-
edge and expertise in the various social science and 
technical disciplines related to public transportation 
problems. 
‘‘(c) FELLOWSHIPS.— 
‘‘(1) AUTHORITY TO MAKE GRANTS.—The Sec-
retary may make grants to States, local govern-
mental authorities, and operators of public transpor-
tation systems to provide fellowships to train per-
sonnel employed in managerial, technical, and pro-
fessional positions in the public transportation field. 
‘‘(2) TERMS.— 
‘‘(A) PERIOD OF TRAINING.—A fellowship 
under this subsection may be for not more than 
one year of training in an institution that offers 
a program applicable to the public transpor-
tation industry. 
‘‘(B) SELECTION
OF
INDIVIDUALS.—The 
recipient of the grant shall select an individual 
on the basis of demonstrated ability and for the 
contribution the individual reasonably can be
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expected to make to an efficient public trans-
portation operation. 
‘‘(C) AMOUNT.—A grant for a fellowship 
may not be more than the lesser of $65,000 or 
75 percent of— 
‘‘(i) tuition and other charges to the 
fellowship recipient; 
‘‘(ii) additional costs incurred by the 
training institution and billed to the grant 
recipient; and 
‘‘(iii) the regular salary of the fellow-
ship recipient for the period of the fellow-
ship to the extent the salary is actually 
paid or reimbursed by the grant recipi-
ent.’’. 
SEC. 3023. GENERAL PROVISIONS ON ASSISTANCE. 
(a) INTERESTS IN PROPERTY.—Section 5323(a)(1) is 
amended— 
(1) in the matter preceding subparagraph (A)— 
(A) by striking ‘‘private mass transpor-
tation company’’ each place it appears and in-
serting ‘‘private company engaged in public 
transportation’’; 
(B) by striking ‘‘mass transportation 
equipment or a mass transportation facility’’
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and inserting ‘‘a public transportation facility 
or equipment’’; and 
(C) by striking ‘‘mass transportation com-
pany’’ and inserting ‘‘public transportation 
company’’; and 
(2) in subparagraph (B) by striking ‘‘private 
mass transportation companies’’ and inserting ‘‘pri-
vate companies engaged in public transportation’’. 
(b) 
NOTICE
AND
PUBLIC
HEARING.—Section 
5323(b) is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘(1) An application’’ and 
inserting the following: 
‘‘(1) APPLICATIONS.—An application’’; 
(B) in the matter preceding subparagraph 
(A) by striking ‘‘or loan’’; and 
(C) by moving subparagraphs (A) through 
(D) 2 ems to the right; 
(2) in paragraph (2) by striking ‘‘(2) Notice of’’ 
and inserting the following: 
‘‘(2) NOTICE.—Notice of’’; and 
(3) by adding at the end the following: 
‘‘(3) ENVIRONMENTAL RECORD.—An applicant 
shall include in the environmental record for a 
project under this chapter evidence that the appli-
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cant has complied with the requirements of subpara-
graphs (A) through (D) of paragraph (1).’’. 
(c) CONDITION ON CHARTER BUS TRANSPORTATION 
SERVICE.—Section 5323(d) is amended— 
(1) by striking ‘‘(1) Financial assistance’’ and 
inserting the following: 
‘‘(1) AGREEMENTS.—Financial assistance’’; and 
(2) by striking paragraph (2) and inserting the 
following: 
‘‘(2) VIOLATIONS.— 
‘‘(A) INVESTIGATIONS.—On receiving a 
complaint about a violation of the agreement 
required under paragraph (1), the Secretary 
shall investigate and decide whether a violation 
has occurred. 
‘‘(B) ENFORCEMENT OF AGREEMENTS.—If 
the Secretary decides that a violation has oc-
curred, the Secretary shall correct the violation 
under terms of the agreement. 
‘‘(C) ADDITIONAL REMEDIES.—In addition 
to any remedy specified in the agreement, the 
Secretary shall bar a recipient or an operator 
from receiving Federal transit assistance in an 
amount the Secretary considers appropriate if
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the Secretary finds a pattern of violations of 
the agreement.’’. 
(d) 
BOND
PROCEEDS
ELIGIBLE
FOR
LOCAL 
SHARE.—Section 5323(e) is amended to read as follows: 
‘‘(e) BOND
PROCEEDS
ELIGIBLE
FOR
LOCAL 
SHARE.— 
‘‘(1) USE AS LOCAL MATCHING FUNDS.—Not-
withstanding any other provision of law, a recipient 
of assistance under section 5307 or 5309 may use 
the proceeds from the issuance of revenue bonds as 
part of the local matching funds for a capital 
project. 
‘‘(2) MAINTENANCE
OF
EFFORT.—The Sec-
retary shall approve of the use of the proceeds from 
the issuance of revenue bonds for the remainder of 
the net project cost only if the Secretary finds that 
the aggregate amount of financial support for public 
transportation in the urbanized area provided by the 
State and affected local governmental authorities 
during the next 3 fiscal years, as programmed in the 
State transportation improvement program under 
chapter 52 is not less than the aggregate amount 
provided by the State and affected local govern-
mental authorities in the urbanized area during the 
preceding 3 fiscal years.
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‘‘(3) DEBT SERVICE RESERVE.—The Secretary 
may reimburse an eligible recipient for deposits of 
bond proceeds in a debt service reserve that recipient 
established pursuant to section 5302(a)(1)(K) from 
amounts made available to the recipient under sec-
tion 5307 or 5309, or both; except that such reim-
bursement in a fiscal year may not exceed 10 per-
cent of the amounts made available to the recipient 
under section 5307 in such fiscal year.’’. 
(e) SCHOOLBUS TRANSPORTATION.—Section 5323(f) 
is amended— 
(1) by striking ‘‘(1) Financial assistance’’ and 
inserting the following: 
‘‘(1) AGREEMENTS.—Financial assistance’’; 
(2) in paragraph (1) by moving subparagraphs 
(A), (B), and (C) 2 ems to the right; and 
(3) by striking paragraph (2) and inserting the 
following: 
‘‘(2) VIOLATIONS.—If the Secretary finds that 
an applicant, governmental authority, or publicly 
owned operator has violated the agreement required 
under paragraph (1), the Secretary shall bar a re-
cipient or an operator from receiving Federal transit 
assistance in an amount the Secretary considers ap-
propriate.’’.
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(f) BUYING BUSES UNDER OTHER LAWS.—Section 
5323(g) is amended by striking ‘‘103(e)(4)’’ each place 
it appears and inserting ‘‘133’’. 
(g) BUY AMERICA.— 
(1) IN GENERAL.—Section 5323(j) is amended 
by striking paragraphs (1), (2), and (3) and insert-
ing the following: 
‘‘(1) IN GENERAL.—Funds made available to 
carry out this chapter may only be used if— 
‘‘(A) in the case of a construction 
project— 
‘‘(i) the steel or iron used shall be of 
United States origin; 
‘‘(ii) more than 60 percent of the cost 
of the components and subcomponents, in 
the aggregate, of all manufactured prod-
ucts shall be of United States origin; and 
‘‘(iii) labor costs related to on-site 
construction shall not be included in calcu-
lating the costs under clause (ii); 
‘‘(B) in the case of a system acquisition— 
‘‘(i) more than 60 percent of the cost 
of the components and subcomponents, in 
the aggregate, of all manufactured prod-
ucts shall be of United States origin; and
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‘‘(ii) labor costs related to installation 
and testing shall not be included in calcu-
lating the costs under clause (i); 
‘‘(C) in the case of a manufactured prod-
uct— 
‘‘(i) more than 60 percent of the com-
ponents and subcomponents shall be of 
United States origin; 
‘‘(ii) final assembly shall occur in the 
United States; and 
‘‘(iii) labor costs related to final as-
sembly shall not be included in calculating 
the costs under clause (ii). 
‘‘(2) REGULATIONS.—The Secretary shall issue 
regulations to carry out this section.’’. 
(2) 
PUBLIC
INTEREST
WAIVER.—Section 
5323(j) is amended by inserting after paragraph (2) 
the following: 
‘‘(3) WRITTEN JUSTIFICATION FOR PUBLIC IN-
TEREST WAIVER.—When issuing a waiver based on 
a public interest determination under paragraph 
(2)(A), the Secretary shall issue a detailed written 
justification as to why the waiver is in the public in-
terest. The Secretary shall publish such justification 
in the Federal Register and provide the public with
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a reasonable period of time for notice and com-
ment.’’. 
(3) INELIGIBILITY
FOR
CONTRACTS.—Section 
5323(j)(5) is amended by striking ‘‘Intermodal Sur-
face Transportation Efficiency Act of 1991 (Public 
Law 102–240, 105 Stat. 1914)’’ and inserting 
‘‘Federal Public Transportation Act of 2004’’. 
(4) ADMINISTRATIVE REVIEW.—Section 5323(j) 
is amended by adding at the end the following: 
‘‘(8) ADMINISTRATIVE
REVIEW.—A party ad-
versely affected by an agency action under this sub-
section shall have the right to seek review under sec-
tion 702 of title 5, United States Code.’’. 
(5) REPEAL
OF
GENERAL
WAIVER.—Sub-
sections (b), (c), and (d) of Appendix A of section 
661.7 of title 49, Code of Federal Regulations, shall 
cease to be in effect beginning on the date of enact-
ment of this Act. 
(h) RELATIONSHIP
TO
OTHER
LAWS.—Section 
5323(l) is amended to read as follows: 
‘‘(l) RELATIONSHIP TO OTHER LAWS.—Section 1001 
of title 18 applies to a certificate, submission, or statement 
provided under this chapter. The Secretary may terminate 
financial assistance under this chapter and seek reim-
bursement directly, or by offsetting amounts, available
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under this chapter, when a false or fraudulent statement 
or related act within the meaning of section 1001 is made 
in connection with a Federal transit program.’’. 
(i) GRANT
REQUIREMENTS.—Section 5323(o) is 
amended by striking ‘‘the Transportation Infrastructure 
Finance and Innovation Act of 1998’’ and inserting 
‘‘chapter 6 (other than section 609) of title 23’’. 
SEC. 3024. SPECIAL PROVISIONS FOR CAPITAL PROJECTS. 
(a) IN GENERAL.—Section 5324 is amended to read 
as follows: 
‘‘§ 5324. Special provisions for capital projects 
‘‘(a) RELOCATION PROGRAM REQUIREMENTS.—Fi-
nancial assistance may be provided under section 5309 
only if the Secretary decides that— 
‘‘(1) an adequate relocation program is being 
carried out for families displaced by a project; and 
‘‘(2) an equal number of decent, safe, and sani-
tary dwellings are being, or will be, provided to those 
families in the same area or in another area gen-
erally not less desirable for public utilities and public 
and commercial facilities, at rents or prices within 
the financial means of those families, and with rea-
sonable access to their places of employment. 
‘‘(b) CONSIDERATION OF ECONOMIC, SOCIAL, AND 
ENVIRONMENTAL INTERESTS.—
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‘‘(1) COOPERATION
AND
CONSULTATION.—In 
carrying out the policy of section 5301(e), the Sec-
retary shall cooperate and consult with the Secre-
taries of the Interior, Health and Human Services, 
and Housing and Urban Development and the Ad-
ministrator of the Environmental Protection Agency 
on each project that may have a substantial impact 
on the environment. 
‘‘(2) PUBLIC
PARTICIPATION
IN
ENVIRON-
MENTAL
REVIEWS.—In performing environmental 
reviews, the Secretary shall review each transcript of 
a hearing submitted under section 5323(b) to estab-
lish that an adequate opportunity to present views 
was given to all parties having a significant eco-
nomic, social, or environmental interest in the 
project, and that the project application includes a 
record of— 
‘‘(A) the environmental impact of the pro-
posal; 
‘‘(B) adverse environmental effects that 
cannot be avoided; 
‘‘(C) alternatives to the proposal; and 
‘‘(D) irreversible and irretrievable impacts 
on the environment.
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‘‘(3) APPROVAL OF APPLICATIONS FOR ASSIST-
ANCE.— 
‘‘(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
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record of the hearing is inadequate for making 
the findings required by this subsection, the 
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
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management, a feasibility study, and preliminary en-
gineering, design, architectural, engineering, sur-
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 2004, 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).
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‘‘(B) INDIRECT COST RATES.—Instead of 
performing its own audits, a recipient of funds 
under a contract or subcontract awarded under 
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
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data under this paragraph, except by written 
permission of the audited firm. If prohibited by 
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
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to buy the rolling stock and replacement 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 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-
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lated to a project for which a grant is made under this 
chapter. 
‘‘(h) GRANT PROHIBITIONS.—A grant may not be 
used to support a procurement that uses an exclusionary 
or discriminatory specification.’’. 
(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 
.5 percent of amounts made available for a fiscal 
year to carry out section 5311, not more than .75
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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.’’. 
SEC. 3027. INVESTIGATIONS OF SAFETY AND HAZARDS. 
(a) IN GENERAL.—Section 5329 is amended to read 
as follows:
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‘‘§ 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.’’. 
SEC. 3028. STATE SAFETY OVERSIGHT. 
(a) IN GENERAL.—Section 5330 is amended—
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(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-
lowing: ‘‘or section 2303a, 7101(i), or 7302(e) of title 46. 
The Secretary may also decide that a form of public trans-
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HR 3550 PCS 
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 
(C) by adding at the end the following:
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‘‘(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.’’; 
(5) in subsection (c)(4) (as redesignated by 
paragraph (3) of this section)—
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HR 3550 PCS 
(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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HR 3550 PCS 
(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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HR 3550 PCS 
(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, 5318, 
and 5320 of this chapter, 1118(b) of the Trans-
portation Equity Act: A Legacy for Users (re-
lating to the nonmotorized transportation pilot 
program), and section 3038 of the Transpor-
tation 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, 5317, and 5318 of this chapter, 1118(b) 
of the Transportation Equity Act: A Legacy for
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HR 3550 PCS 
Users (relating to the nonmotorized transpor-
tation pilot program), and section 3038 of the 
Transportation 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 carry out the New Freedom program 
under section 5317; 
‘‘(iv) $50,000,000 shall be available to 
provide clean fuels formula grants under 
section 5308; 
‘‘(v) $8,000,000 shall be available to 
carry out the transit in the parks pilot pro-
gram under section 5320;
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HR 3550 PCS 
‘‘(vi) $4,000,000 shall be available to 
carry out the nonmotorized transportation 
pilot program under section 1118(b) of the 
Transportation Equity Act: A Legacy for 
Users; 
‘‘(vii) $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); 
‘‘(viii) $3,100,000 shall be available to 
carry out bus testing under section 5318; 
‘‘(ix) $91,560,751 shall be available to 
provide transportation services to elderly 
individuals and individuals with disabilities 
under section 5310; 
‘‘(x) $292,994,404 shall be available 
to provide financial assistance for other 
than urbanized areas under section 5311; 
and 
‘‘(xi) $3,277,874,895 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 2004.
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‘‘(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 
Act: A Legacy for Users (relating to the non-
motorized transportation pilot program)— 
‘‘(i) $4,181,125,000 for fiscal year 
2005; 
‘‘(ii) $4,464,295,000 for fiscal year 
2006; 
‘‘(iii) $4,766,420,000 for fiscal year 
2007; 
‘‘(iv) $5,089,172,500 for fiscal year 
2008; and 
‘‘(v) $5,433,667,500 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—
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HR 3550 PCS 
‘‘(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-
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,
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HR 3550 PCS 
$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, 
$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).
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HR 3550 PCS 
‘‘(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. 
‘‘(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-
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HR 3550 PCS 
tion 3041(h) of the Federal Public Trans-
portation Act of 2004. 
‘‘(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 
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.—
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HR 3550 PCS 
‘‘(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; 
‘‘(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.—
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HR 3550 PCS 
‘‘(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, 
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).
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HR 3550 PCS 
‘‘(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; 
‘‘(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).
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HR 3550 PCS 
‘‘(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 
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
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HR 3550 PCS 
carry out sections 5505 and 5506, $1,600,000 
for fiscal year 2004. 
‘‘(2) FISCAL
YEARS 2005 THROUGH 2009.— 
Subject to paragraph (3), there is authorized to be 
appropriated 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.— 
‘‘(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.—
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HR 3550 PCS 
‘‘(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. 
‘‘(2) FISCAL
YEARS 2005 THROUGH 2009.— 
There are authorized to be appropriated to carry out 
section 5334— 
‘‘(A) $77,000,000 for fiscal year 2005; 
‘‘(B) $79,000,000 for fiscal year 2006; 
‘‘(C) $81,000,000 for fiscal year 2007; 
‘‘(D) $83,000,000 for fiscal year 2008; 
and 
‘‘(E) $85,000,000 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) $1,918,500,000 for fiscal year 2005; 
‘‘(2) $2,027,628,000 for fiscal year 2006; 
‘‘(3) $2,154,528,000 for fiscal year 2007;
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HR 3550 PCS 
‘‘(4) $2,305,974,000 for fiscal year 2008; and 
‘‘(5) $2,452,482,000 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) $1,414,000,000 for fiscal year 2005; 
‘‘(2) $1,526,752,000 for fiscal year 2006; 
‘‘(3) 1,636,352,000 for fiscal year 2007; 
‘‘(4) $1,737,316,000 for fiscal year 2008; and 
‘‘(5) $1,859,998,000 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
555 
HR 3550 PCS 
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— 
(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) Of the amounts made available to carry 
out this section in each fiscal year, 75 percent shall
556 
HR 3550 PCS 
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 incre-
mental capital and training costs of the Department 
of Transportation’s final rule regarding accessibility 
of over-the-road buses. Such amounts shall remain 
available until expended. 
‘‘(2) Of the amounts made available to carry 
out this section in each fiscal year, 25 percent shall 
be available for operators of other over-the-road bus 
service to finance the incremental capital and train-
ing costs of the Department of Transportation’s 
final rule regarding accessibility of over-the-road 
buses. Such amounts shall remain available until ex-
pended.’’. 
(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: 
‘‘Sec. 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’’;
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HR 3550 PCS 
(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 
‘‘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, $29,009,003 for 
fiscal year 2005, and $12,424,581 for fiscal year 
2006. 
(2) Chicago—Chicago Transit Authority Doug-
las Branch Reconstruction $83,655,202 for fiscal
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HR 3550 PCS 
year 2004, $85,000,000 for fiscal year 2005, and 
$45,145,190 for fiscal year 2006. 
(3) 
Chicago—Chicago 
Transit 
Authority 
Ravenswood Expansion Project $9,841,789 for fiscal 
year 2004, $40,000,000 for fiscal year 2005, 
$40,000,000 for fiscal year 2006, $40,000,000 for 
fiscal year 2007, $40,000,000 for fiscal year 2008, 
and $64,832,615 for fiscal year 2009. 
(4) Dallas—North Central LRT Extension 
$29,684,097 for fiscal year 2004. 
(5) 
Denver 
Southeast 
Corridor 
LRT 
$78,734,308 for fiscal year 2004, $80,000,000 for 
fiscal year 2005, $80,000,000 for fiscal year 2006, 
$80,000,000 for fiscal year 2007, and $76,552,758 
for fiscal year 2008. 
(6) Fort Lauderdale—Tri-Rail Commuter Rail 
Upgrade $18,118,733 for fiscal year 2004 and 
$11,210,695 for fiscal year 2005. 
(7) 
Memphis—Medical 
Center 
Extension 
$9,101,281 for fiscal year 2004. 
(8) Metra North Central Corridor Commuter 
Rail $19,177,300 for fiscal year 2004, $20,000,000 
for fiscal year 2005, and $20,613,452 for fiscal year 
2006.
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HR 3550 PCS 
(9) Metra Southwest Corridor Commuter Rail 
$15,000,000 for fiscal year 2004, $20,000,000 for 
fiscal year 2005, and $7,281,395 for fiscal year 
2006. 
(10) 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. 
(11) Minneapolis—Hiawatha Corridor LRT 
$73,793,730 for fiscal year 2004 and $33,111,257 
for fiscal year 2005. 
(12) New Jersey Urban Core—Hudson-Bergen 
LRT MOS–2 $98,417,885 for fiscal year 2004, 
$100,000,000 for fiscal year 2005, $100,000,000 for 
fiscal year 2006, $100,000,000 for fiscal year 2007, 
and $52,402,995 for fiscal year 2008. 
(13) New Jersey Urban Core—Newark-Eliza-
beth Rail Link MOS–1 $22,209,000 for fiscal year 
2004 and $1,342,076 for fiscal year 2005. 
(14) New Orleans MOS–1 Canal Street 
$22,922,877 for fiscal year 2004 and $16,455,206 
for fiscal year 2005. 
(15) Pittsburgh—Stage II LRT Reconstruction 
$31,733,314 for fiscal year 2004 and $1,120,914 for 
fiscal year 2005.
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HR 3550 PCS 
(16) Portland—Interstate MAX LRT Exten-
sion $76,273,861 for fiscal year 2004, $23,480,000 
fiscal year 2005, and $18,104,710 for fiscal year 
2006. 
(17) 
Salt 
Lake 
City—Medical 
Center 
$30,178,231 for fiscal year 2004 and $8,682,141 for 
fiscal year 2005. 
(18) San Diego—Mission Valley East LRT Ex-
tension 
$63,971,625 
for 
fiscal 
year 
2004, 
$81,640,000 fiscal year 2005, and $7,700,304 for 
fiscal year 2006. 
(19) San Diego—Oceanside Escondido Rail 
Corridor 
$47,240,585 
for 
fiscal 
year 
2004, 
$55,000,000 fiscal year 2005, and $12,211,061 for 
fiscal year 2006. 
(20) San Francisco—BART Extension to San 
Francisco Airport $98,417,890 for fiscal year 2004, 
$100,000,000 fiscal year 2005, and $81,855,680 for 
fiscal year 2006. 
(21) San Juan—Tren Urbano $19,683,577 for 
fiscal year 2004 and $54,818,940 fiscal year 2005. 
(22) Seattle—Central Link Initial Segment 
LRT $73,813,414 for fiscal year 2004, $80,00,000 
for fiscal year 2005, $80,000,000 for fiscal year 
2006, 
$80,000,000 
for 
fiscal 
year 
2007,
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HR 3550 PCS 
$70,000,000 for fiscal year 2008, and $24,028,149 
for fiscal year 2009. 
(23) Washington DC/MD—Largo Metrorail Ex-
tension $63,971,625 for fiscal year 2004 and 
$75,432,887 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) Bridgeport—Intermodal Corridor. 
(4) Central Phoenix—East Valley Corridor 
LRT. 
(5) Charlotte—South Corridor LRT. 
(6) Cleveland—Euclid Corridor Bus Rapid 
Transit. 
(7) Dallas Area Rapid Transit—Northwest- 
Southeast Extension, Pleasant Grove to Farmers 
Branch. 
(8) Delaware—I–95 Corridor Commuter Rail. 
(9) Denver—West Corridor LRT.
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HR 3550 PCS 
(10) 
El 
Paso-Juarez—International 
Fixed 
Guideway. 
(11) Harrisburg—Corridor One Commuter Rail 
(MOS–1), East Mechanicsburg-Lancaster, Pennsyl-
vania. 
(12) Kansas City, Kansas—Southtown Com-
muter Rail. 
(13) Las Vegas—Monorail Transit Corridor 
Project, Phase II. 
(14) Los Angeles—Gold Line Phase 1 Eastside 
Extension. 
(15) Los Angeles—Gold Line Foothill Exten-
sion, Pasadena to Montclair. 
(16) Los Angeles MTA—Exposition LRT. 
(17) Miami-Dade Transit—North Corridor. 
(18) Minneapolis—North Star Corridor. 
(19) Missouri/Kansas—Interstate 35 Commuter 
Rail. 
(20) Nashua—Commuter Rail. 
(21) Nashville, Tennessee Commuter Rail. 
(22) New Britain-Hartford Busway Project. 
(23) New Jersey Urban Core. 
(24) New Orleans—Desire Corridor Streetcar. 
(25) New York—Long Island Railroad East 
Side Access Project.
563 
HR 3550 PCS 
(26) New York—Second Avenue Subway. 
(27) Norfolk Regional Light Rail. 
(28) Northern Virginia—Dulles Corridor Ex-
tension. 
(29) Orange County, California—Center Line 
LRT. 
(30) Philadelphia—Schuylkill Valley MetroRail. 
(31) Pittsburgh—North Shore Connector. 
(32) Portland, Oregon—Interstate MAX South 
LRT Extensions. 
(33) Sacramento—South Corridor (Phase 3), 
Downtown to Elk Grove. 
(34) Salt Lake City—Airport to University 
LRT. 
(35) Salt Lake City—Ogden-Provo Commuter 
Rail. 
(36) Salt Lake City—West Jordan LRT exten-
sion. 
(37) San Diego—Mid Coast Extension. 
(38) San Francisco Muni—Third Street LRT- 
Phase I/II. 
(39) Santa Clara Valley Transit Authority— 
BART Extension to Santa Clara County. 
(40) Tampa Bay—Regional Rail.
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HR 3550 PCS 
(41) Triangle Transit Authority, North Caro-
lina—Regional Rail Project. 
(42) Washington County, Oregon—Commuter 
Rail. 
(43) 
Wasilla-Girdwood, 
Alaska—Commuter 
Rail. 
(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) Albuquerque—High Capacity Corridor. 
(2) Belen-Santa Fe—New Mexico Commuter 
Rail. 
(3) Ann Arbor/Detroit—Commuter Rail. 
(4) Atlanta—GRTA I–75 Corridor, Wade 
Green Road-Akers Mill Road BRT/HOV. 
(5) Atlanta—North Line Corridor expansion 
project. 
(6) Atlanta—Belt Line C–Loop. 
(7) Atlanta—West Line Corridor. 
(8) Austin—San Antonio I–35 Commuter Rail. 
(9) Austin—Rapid Bus Project. 
(10) Austin—Regional Commuter Rail.
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HR 3550 PCS 
(11) Baltimore Light Rail System Extensions. 
(12) Baton Rouge Bus Rapid Transit. 
(13) Birmingham, Alabama—Transit Corridor. 
(14) Boise—Downtown Circulator. 
(15) Boston—North Shore Corridor and Blue 
Line Extension. 
(16) Boston—North/South Rail Link. 
(17) Boston—Urban Ring BRT. 
(18) Broward County, Florida—Bus Rapid 
Transit. 
(19) Buffalo—Niagara Frontier Transit Au-
thority Improvements. 
(20) Burlington-Clemmons, North Carolina— 
Piedmont Authority Regional Rail. 
(21) Charles Town-Ranson, West Virginia— 
MARC Commuter Rail Spur. 
(22) Central Phoenix—East Valley Corridor 
LRT Extensions. 
(23) Charlotte—North Corridor Project. 
(24) Charlotte—Northeast Corridor Project. 
(25) 
Charlotte—Southeast-West 
Corridor 
Project. 
(26) Charlotte—Streetcar Loop Project. 
(27) Chicago CTA—Red Line Extension (95th 
Street to 130th Street/Stony Island).
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HR 3550 PCS 
(28) Chicago CTA—Chicago Transit Hub (Cir-
cle Line-Ogden Streetcar). 
(29) Chicago CTA—Orange Line Extension 
(Midway Airport to Ford City). 
(30) Chicago CTA—Southeast Service-La Salle 
Street Station to Baltimore Race Track. 
(31) Chicago CTA—Yellow Line Extension 
(Dempster-Old Orchard). 
(32) Chula Vista, California—Bus Rapid Tran-
sit. 
(33) Cleveland-Akron-Canton (Northeast Ohio) 
Commuter Rail. 
(34) Coachella Valley—Indio-Palm Desert Bus 
Rapid Transit Connector. 
(35) Columbia, South Carolina—Light Rail. 
(36) Corpus Christi—Downtown Rail Trolley. 
(37) Dallas Area Rapid Transit—Dallas Cen-
tral Business District. 
(38) Dallas Area Rapid Transit—Rowlett LRT 
Extension. 
(39) Dallas Area Rapid Transit—Beltline to 
DFW Airport. 
(40) Denton County Transportation Authority, 
Texas—Fixed Guideway Project. 
(41) Denver—Gold Line Extension to Arvada.
567 
HR 3550 PCS 
(42) Denver—United States Route 36 Transit 
Corridor. 
(43) Denver—North Metro Corridor to Thorn-
ton. 
(44) Denver—East Corridor to DIA Airport. 
(45) Detroit—Center City Loop. 
(46) District of Columbia—Light Rail Starter 
Line. 
(47) Fairfax County, Virginia—Bus Rapid 
Transit/HOV. 
(48) 
Fitchburg, 
Massachusetts—Commuter 
Rail Extensions and Improvements. 
(49) Fort Lauderdale—Downtown Rail Link. 
(50) Fort Worth—Trinity Railway Express 
Commuter Rail Extensions. 
(51) Fresno—Transit Corridor. 
(52) Galveston—Rail Trolley Extension 
(53) Grand Rapids—Fixed Guideway Corridor 
Project. 
(54) Guam—Tumon Bay-Airport Light Rail. 
(55) Harrisburg—Corridor One Commuter Rail 
(MOS–2), East Mechanicsburg-Carlisle, Pennsyl-
vania. 
(56) Honolulu—Downtown BRT.
568 
HR 3550 PCS 
(57) Houston Advanced Transit Program Light 
Rail. 
(58) 
Indianapolis—System 
of 
Metropolitan 
Area Rapid Transit. 
(59) Kansas City, Missouri-Lawrence, Kan-
sas—Commuter Rail. 
(60) Kansas City, Missouri—Regional BRT. 
(61) Kenosha-Racine-Milwaukee Metra Com-
muter Rail Extension (Wisconsin). 
(62) King County, Washington—I–405 Cor-
ridor Bus Rapid Transit. 
(63) Lakeview, Minnesota—Cedar Avenue Cor-
ridor Bus Rapid Transit. 
(64) Lane County, Oregon—Bus Rapid Tran-
sit, Phase 2. 
(65) Little Rock—River Rail Streetcar Exten-
sions. 
(66) Little Rock—West Little Rock Commuter 
Rail. 
(67) Long Island Railroad—Nassau Hub. 
(68) Lorain-Cleveland Commuter Rail. 
(69) Los Angeles—Metrolink San Bernardino 
Line Improvements. 
(70) LOSSAN Del Mar-San Diego—Rail Cor-
ridor Improvements.
569 
HR 3550 PCS 
(71) Madison and Dane Counties, Wisconsin— 
Transport 2020 Commuter Rail. 
(72) 
Maryland—I–270 
Corridor 
Cities 
Transitway. 
(73) Maryland—Route 5 Corridor to Waldorf. 
(74) Memphis Regional Rail Plan. 
(75) Memphis, Medical Center Rail Extension 
to Airport. 
(76) Metra BNSF Naperville to Aurora Cor-
ridor Extension and Improvements. 
(77) Metra SouthEast Service Line Commuter 
Rail. 
(78) Metra STAR Line Inter-Suburban Com-
muter Rail. 
(79) Metra UP Northwest Line Core Capacity 
Upgrades. 
(80) Metra UP West Line Core Capacity Up-
grades. 
(81) Miami-Dade Transit—Douglas Road Ex-
tension. 
(82) Miami-Dade Transit—East-West Corridor. 
(83) Miami-Dade Transit—Kendall Corridor. 
(84) Miami-Dade Transit—Northeast Corridor. 
(85) Miami-Dade Transit—Rail Extension to 
Florida City.
570 
HR 3550 PCS 
(86) Middletown-South Fallsburg, New York, 
Passenger Rail. 
(87) Monterey County, California—Commuter 
Rail. 
(88) Montgomery and Prince George’s Coun-
ties, Maryland—Purple Line. 
(89) Nashville Tennessee Commuter Rail. 
(90) Nassau and Queens Counties, New York— 
LIRR Main Line Third Track Project. 
(91) New Haven, Connecticut-Hartford, Con-
necticut-Springfield, Massachusetts Commuter Line. 
(92) New Jersey Trans-Hudson Midtown Cor-
ridor. 
(93) New Jersey Transit—Northeast Corridor 
Trans-Hudson Commuter Rail Improvements. 
(94) New Jersey Transit—Morris/Essex/Boon-
ton Trans-Hudson Commuter Rail Improvements. 
(95) New Jersey Transit—New York Susque-
hanna and Western RR Commuter Extension. 
(96) New Jersey Transit—West Trenton Line 
Commuter Line Service Extension. 
(97) New Orleans—Airport-CBD Commuter 
Rail. 
(98) New York—Rockaway-Brooklyn Army 
Terminal-Manhattan Ferry Service.
571 
HR 3550 PCS 
(99) New York—Staten Island to Manhattan 
High-Speed Ferry Service Extension. 
(100) New York—Stewart Airport Rail Access. 
(101) Newburg, New York—LRT System. 
(102) Northern Indiana—Commuter District 
Line. 
(103) Northern Indiana—West Lake Commuter 
Rail Link (South Shore Commuter Rail). 
(104) Norfolk—Naval Station Corridor. 
(105) Northern Virginia—Crystal City Potomac 
Yards Transit. 
(106) Northern Virginia—Columbia Pike Rapid 
Transit Project. 
(107) Pittsburgh—Martin Luther King, Jr. 
Busway Extension. 
(108) Orlando—I–4 Central Florida Commuter 
Rail System. 
(109) Pawtucket, Rhode Island Commuter Rail 
Improvement Program. 
(110) Philadelphia—Route 100 Rapid Trolley 
Extension to King of Prussia. 
(111) Philadelphia—Broad Street Subway Line 
Extension. 
(112) Pittsburgh—East-West Corridor Rapid 
Transit.
572 
HR 3550 PCS 
(113) Pittsburgh—Martin Luther King, Jr. 
Busway Extension. 
(114) Portland Streetcar Extensions. 
(115) 
Quakertown-Stoney 
Creek, 
Pennsyl-
vania—Rail Restoration. 
(116) Raritan Valley, New Jersey—Commuter 
Rail. 
(117) Reno, Nevada—Virginia Street Bus 
Rapid Transit Project. 
(118) Riverside-Perris, California—Rail Pas-
senger Service. 
(119) Roaring Fork Valley, Colorado—Bus 
Rapid Transit. 
(120) Rock Island, Illinois—Quad Cities Rapid 
Transit System. 
(121) Sacramento—Regional Rail, Dixon to 
Bowman. 
(122) Sacramento—Downtown/Natomas Air-
port Transit Corridor. 
(123) Salt Lake City—Draper to Sandy LRT 
Extension. 
(124) Salt Lake City—TRAX Capacity Im-
provements. 
(125) Salt Lake City—West Valley City LRT 
Extension.
573 
HR 3550 PCS 
(126) San Antonio—Bus Rapid Transit. 
(127) San Francisco—BART Extension, Pitts-
burg to Tracy. 
(128) San Francisco—BART Extension to 
Livermore. 
(129) San Francisco—BART Extension to 
Oakland International Airport. 
(130) San Francisco—MUNI Geary Boulevard 
Bus Rapid Transit. 
(131) San Joaquin Regional Rail Commission 
Commuter Rail (Altamont Commuter Express). 
(132) San Juan Tren Urbano—Extension from 
Rio Piedras to Carolina. 
(133) Santa Fe—El Dorado Rail Link. 
(134) Seattle—Monorail Project. 
(135) Seattle—Link LRT Extensions. 
(136) Seattle—Sound Transit Commuter Rail. 
(137) Seattle—Sound Transit Regional Express 
Bus. 
(138) Sevierville to Pigeon Ford, Tennessee— 
Bus Rapid Transit. 
(139) 
Sonoma/Marin 
(SMART) 
Commuter 
Rail, California. 
(140) South Carolina High Speed Rail Cor-
ridor.
574 
HR 3550 PCS 
(141) Southern California High Speed Regional 
Transit. 
(142) St. Louis Metro Link—Scott AFB to 
Mid America Airport. 
(143) St. Louis—East/West Gateway. 
(144) St. Louis—Metro Link Northside Daniel 
Boone Project. 
(145) St. Louis—Metro South Corridor. 
(146) St. Louis—University Downtown Trolley. 
(147) 
Stamford, 
Connecticut—Urban 
Transitway Phase II. 
(148) Toledo, Ohio—CBD to Zoo. 
(149) Toledo, Ohio—University Corridor. 
(150) Trenton Trolley. 
(151) Tri-Rail Dolphin Extension. 
(152) Tri-Rail Florida East Coast Commuter 
Rail Extension. 
(153) Tri-Rail Jupiter Extension. 
(154) Tucson—Old Pueblo Trolley Expansion. 
(155) Tulsa, Oklahoma, Light Rail. 
(156) Vancouver—Interstate MAX Extension 
to Clark County, Washington. 
(157) Virginia Beach—Bus Rapid Transit. 
(158) Virginia Railway Express Capacity Im-
provements.
575 
HR 3550 PCS 
(159) Washington State Ferries and Ferry Fa-
cilities. 
(160) Williamsburg-Newport News—Peninsula 
Rail Transit. 
(d) OTHER PROJECT AUTHORIZATIONS.—Of the 
amount authorized under section 5338(h) in fiscal year 
2005 to carry out section 5309(m)(2)(B)(ii), the Secretary 
shall make funds available to the following projects for 
final design and construction in an amount not to exceed 
the amount specified: 
(1) 
Atlanta—North 
Springs 
Extension, 
$260,785. 
(2) Los Angeles—North Hollywood MOS–3, 
$663,339. 
(3) New Jersey Urban Core—Hudson Bergen 
LRT Phase I, $313,896. 
(4) Salt Lake City—CBD to University LRT, 
$1,127,405. 
(5) St. Louis-St. Clair—MetroLink Extension 
Phase IIa, $59,383. 
(e) RULES RELATING TO FUNDING.— 
(1) SUBSECTION (a) PROJECTS.— 
(A) IN GENERAL.—The Secretary is au-
thorized to expend funds made available under 
section 5309(m) of title 49, United States
596 
HR 3550 PCS 
(1) APPORTIONMENT FORMULA.—Funds made 
available for grants under this section in a fiscal 
year shall be apportioned among eligible areas in the 
ratio that— 
(A) the number of performance categories 
for which each eligible area meets or exceeds 
the industry average in urbanized areas with a 
population of at least 200,000 but not more 
than 999,999; bears to 
(B) the aggregate number of performance 
categories for which all eligible areas meet or 
exceed the industry average in urbanized areas 
with a population of at least 200,000 but not 
more than 999,999. 
(2) DATA USED IN FORMULA.—The Secretary 
shall calculate apportionments under this subsection 
for a fiscal year using data from the national transit 
database used to calculate apportionments for that 
fiscal year under section 5336 of title 49, United 
States Code. 
(d) ELIGIBLE RECIPIENT.—Grant amounts appor-
tioned to an eligible area under this section shall be made 
available to a public transportation agency or other gov-
ernmental entity in the eligible area for obligation in the 
eligible area.