497
from receiving Federal transit assistance in an 
amount the Secretary considers appropriate if 
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 Secretary 
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 aggre-
gate amount of financial support for public transpor-
tation 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 governmental authorities
498
in the urbanized area during the preceding 3 fiscal 
years. 
‘‘(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 section 
5307 or 5309, or both; except that such reimbursement 
in a fiscal year may not exceed 10 percent 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 recipient or
499
an operator from receiving Federal transit assistance 
in an amount the Secretary considers appropriate.’’. 
(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) PUBLIC INTEREST WAIVER.—Section 5323(j) 
is amended—
(A) 
by 
redesignating 
paragraphs 
(3) 
through (7) as paragraphs (4) through (8), re-
spectively; and 
(B) by inserting after paragraph (2) the fol-
lowing: 
‘‘(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 
a reasonable period of time for notice and comment.’’. 
(2) INELIGIBILITY
FOR
CONTRACTS.—Section 
5323(j)(6) (as so redesignated) is amended by striking 
‘‘Intermodal Surface Transportation Efficiency Act of
500
1991 (Public Law 102–240, 105 Stat. 1914)’’ and in-
serting ‘‘Federal Public Transportation Act of 2004’’. 
(3) ADMINISTRATIVE REVIEW.—Section 5323(j) 
is amended by adding at the end the following: 
‘‘(9) 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.’’. 
(4) REPEAL OF GENERAL WAIVER.—Subsections 
(b) and (c) 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 enactment 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 reimburse-
ment directly, or by offsetting amounts, available 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 Fi-
501
nance and Innovation Act of 1998’’ and inserting ‘‘chapter 
6 (other than section 609) of title 23’’. 
(j) TRANSFER OF LANDS OR INTERESTS IN LANDS 
OWNED BY THE UNITED STATES.—Section 5323 is amend-
ed by adding at the end the following: 
‘‘(p) TRANSFER OF LANDS OR INTERESTS IN LANDS 
OWNED BY THE UNITED STATES.—
‘‘(1) IDENTIFICATION OF LANDS NECESSARY FOR 
TRANSIT PURPOSES.—If the Secretary determines that 
any part of the lands or interests in lands owned by 
the United States and made available as a result of 
a military base closure is necessary for public trans-
portation purposes eligible under this chapter, includ-
ing corridor preservation, the Secretary shall file with 
the Secretary of the Department supervising the ad-
ministration of such lands or interests in lands a 
map showing the portion of such lands or interests in 
lands which is desired to be transferred for public 
transportation purposes. 
‘‘(2) DEADLINE FOR CERTIFICATION.—If, within 
4 months of such filing, the Secretary of such Depart-
ment has not certified to the Secretary that the pro-
posed transfer of such land is contrary to the public 
interest or inconsistent with the purposes for which 
such land has been reserved or has agreed to the
502
transfer under conditions that the Secretary of such 
Department considers necessary for the adequate pro-
tection and utilization of the reserve, then such land 
and materials may be appropriated and transferred 
to a State, or local government, or public transpor-
tation operator for such purposes and subject to the 
conditions so specified. 
‘‘(3) REVERSION.—If at any time such lands are 
no longer needed for public transportation purposes, 
notice shall be given to the Secretary by the State, 
local government, or public transportation operator 
that received the land, and such lands shall imme-
diately revert to the control of the Secretary of the De-
partment from which the land was originally trans-
ferred.’’. 
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
503
‘‘(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 EN-
VIRONMENTAL INTERESTS.—
‘‘(1) COOPERATION AND CONSULTATION.—In car-
rying out the policy of section 5301(e), the Secretary 
shall cooperate and consult with the Secretaries of the 
Interior, Health and Human Services, and Housing 
and Urban Development and the Administrator of the 
Environmental Protection Agency on each project 
that may have a substantial impact on the environ-
ment. 
‘‘(2) PUBLIC PARTICIPATION IN ENVIRONMENTAL 
REVIEWS.—In performing environmental reviews, the 
Secretary shall review each transcript of a hearing 
submitted under section 5323(b) to establish that an 
adequate opportunity to present views was given to 
all parties having a significant economic, social, or 
environmental interest in the project, and that the 
project application includes a record of—
504
‘‘(A) the environmental impact of the pro-
posal; 
‘‘(B) adverse environmental effects that can-
not be avoided; 
‘‘(C) alternatives to the proposal; and 
‘‘(D) irreversible and irretrievable impacts 
on the environment. 
‘‘(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 enhancement 
of the environment and the interest of the 
community in which the project is located 
were considered; and
505
‘‘(iii) no adverse environmental effect 
is likely to result from the project, or no fea-
sible and prudent alternative to the effect 
exists and all reasonable steps have been 
taken to minimize the effect. 
‘‘(B) HEARING.—If a hearing has not been 
conducted or the Secretary decides that the 
record of the hearing is inadequate for making 
the findings required by this subsection, the Sec-
retary shall conduct a hearing on an environ-
mental issue raised by the application after giv-
ing adequate notice to interested persons. 
‘‘(C) AVAILABILITY OF FINDINGS.—The Sec-
retary’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 sec-
tion 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 assistance 
under this chapter shall conduct all procurement trans-
506
actions involving such assistance in a manner providing 
full and open competition, as determined by the Secretary. 
‘‘(b) ARCHITECTURAL, ENGINEERING, AND DESIGN 
CONTRACTS.—
‘‘(1) PROCEDURES FOR AWARDING CONTRACT.—
A contract or requirement for program management, 
architectural engineering, construction management, 
a feasibility study, and preliminary engineering, de-
sign, architectural, engineering, surveying, mapping, 
or related services for a project for which Federal as-
sistance is provided under this chapter shall be 
awarded in the same way as a contract for architec-
tural and engineering services is negotiated under 
chapter 11 of title 40 or an equivalent qualifications-
based requirement of a State. 
‘‘(2) EFFECT OF STATE LAWS.—This subsection 
does not apply to the extent a State has adopted, be-
fore the date of enactment of the Federal Public 
Transportation Act of 2004, by law a formal proce-
dure 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:
507
‘‘(A) PERFORMANCE OF AUDITS.—Any con-
tract or subcontract awarded under this chapter 
shall be performed and audited in compliance 
with cost principles contained in the Federal Ac-
quisition Regulation (part 31 of title 48, Code of 
Federal Regulations). 
‘‘(B) INDIRECT
COST
RATES.—Instead of 
performing its own audits, a recipient of funds 
under a contract or subcontract awarded under 
this chapter shall accept indirect cost rates estab-
lished in accordance with the Federal Acquisi-
tion Regulation for one-year applicable account-
ing periods by a cognizant Federal or State gov-
ernment 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 esti-
mation, negotiation, administration, reporting, 
and contract payment and shall not be limited 
by administrative or de facto ceilings. 
‘‘(D) PRENOTIFICATION; CONFIDENTIALITY 
OF DATA.—A recipient of funds requesting or 
using the cost and rate data described in para-
508
graph (3) shall notify any affected firm before 
such request or use. Such data shall be confiden-
tial and shall not be accessible or provided, in 
whole or in part, to another firm or to any gov-
ernment agency that is not part of the group of 
agencies sharing cost data under this paragraph, 
except by written permission of the audited firm. 
If prohibited by law, such cost and rate data 
shall not be disclosed under any circumstances.’’; 
and 
(2) by adding at the end the following: 
‘‘(d) DESIGN-BUILD SYSTEM PROJECTS.—
‘‘(1) DEFINITION.—In this section, the term ‘de-
sign-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 op-
erate for a period of time, the system or segment or 
any combination of designing, building, operating, or 
maintaining such system or segment. 
‘‘(2) FINANCIAL
ASSISTANCE.—Government fi-
nancial assistance under this chapter may be made 
available for the capital costs of a design-build system
510
‘‘(g) EXAMINATION OF THE RECORDS.—Upon request, 
the Secretary, the Comptroller General, or a representative 
of the Secretary or the Comptroller General shall have access 
to and the right to examine and inspect all records, docu-
ments, papers, including contracts, related 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 dis-
criminatory specification.’’. 
(b) CONFORMING AMENDMENTS.—Section 5326, and 
the item relating to section 5326 in the analysis for chapter 
53, are repealed. 
SEC. 3026. PROJECT MANAGEMENT OVERSIGHT AND RE-
VIEW. 
(a) PROJECT MANAGEMENT PLAN REQUIREMENTS.—
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.—
511
‘‘(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 percent 
of amounts made available for a fiscal year to carry 
out section 5307, and not more than 1 percent of 
amounts made available for a fiscal year to carry out 
section 5309 to make contracts for the following ac-
tivities: 
‘‘(A) To oversee the construction of a major 
project. 
‘‘(B) To review and audit the safety and se-
curity, procurement, management, and financial 
compliance of a recipient or subrecipient of 
funds under sections 5307, 5309, and 5311. 
‘‘(C) To provide technical assistance to cor-
rect deficiencies identified in compliance reviews 
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.’’.
512
SEC. 3027. INVESTIGATIONS OF SAFETY AND HAZARDS. 
(a) IN GENERAL.—Section 5329 is amended to read 
as follows: 
‘‘§ 5329. Investigation of safety and hazards 
‘‘(a) IN GENERAL.—The Secretary may investigate 
safety and security risks associated with a condition in 
equipment, a facility, or an operation financed under this 
chapter that the Secretary believes causes a serious hazard 
of death or injury to establish the nature and extent of the 
condition and how to eliminate, mitigate, or correct it. 
‘‘(b) PLANS FOR ELIMINATING, MITIGATING, OR COR-
RECTING 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.—Finan-
cial assistance under this chapter, in an amount to be deter-
mined 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 sec-
tion 5329 and inserting the following:
‘‘5329. Investigation of safety and hazards.’’.
SEC. 3028. STATE SAFETY OVERSIGHT. 
(a) IN GENERAL.—Section 5330 is amended—
513
(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 Admin-
istration.’’; 
(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 sec-
tion 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 following: 
‘‘or section 2303a, 7101(i), or 7302(e) of title 46. The Sec-
retary may also decide that a form of public transportation
514
is covered adequately, for employee alcohol and controlled 
substances testing purposes, under the alcohol and con-
trolled 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: 
‘‘(11) issue regulations as necessary to carry out 
the purposes of this chapter.’’;
515
(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 regional 
emergency, the Secretary may not regulate the oper-
ation, routes, or schedules of a public transportation 
system for which a grant is made under this chapter, 
nor may the Secretary regulate the rates, fares, tolls, 
rentals, or other charges prescribed by any provider 
of public transportation. 
‘‘(2) LIMITATION
ON
STATUTORY
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 agreement.’’; 
(5) in subsection (c)(4) (as redesignated by para-
graph (3) of this section)—
(A) by striking ‘‘subsections (h) and (i)’’ 
and inserting ‘‘subsection (i)’’; and
516
(B) by striking ‘‘5323(c), 5323(e), 5324(c),’’; 
and 
(6) by adding at the end of subsection (c) (as re-
designated by paragraph (3) of this section) the fol-
lowing: 
‘‘(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 inserting 
the following: 
‘‘§ 5335. National transit database’’; 
(2) by striking subsection (b); and 
(3) in subsection (a)—
(A) by striking ‘‘(1) To help’’ and inserting 
‘‘To help’’; and 
(B) by striking ‘‘(2) The Secretary’’ and in-
serting ‘‘(b) REPORTING
AND UNIFORM SYS-
TEMS.—The Secretary’’.
517
(b) CONFORMING
AMENDMENT.—The analysis for 
chapter 53 is amended by striking the item relating to sec-
tion 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.—’’.
518
(c) CONFORMING AMENDMENT.—The item relating to 
section 5337 in the table of sections for chapter 53 is amend-
ed 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 Transportation Eq-
uity Act: A Legacy for Users (relating to the 
nonmotorized transportation pilot program), and 
section 3038 of the Transportation Equity Act 
for the 21st Century (49 U.S.C. 5310 note; 112 
Stat. 392–393) $3,132,304,000 for fiscal year 
2004. 
‘‘(B) FROM GENERAL FUND.—In addition 
to amounts made available under subparagraph 
(A), there are authorized to be appropriated to 
carry out sections 5307, 5308, 5310, 5311, 5316, 
5317, and 5318 of this chapter, 1118(b) of the 
Transportation Equity Act: A Legacy for Users
519
(relating to the nonmotorized transportation 
pilot program), and section 3038 of the Trans-
portation Equity Act for the 21st Century (49 
U.S.C. 
5310 
note; 
112 
Stat. 
392–393) 
$783,076,000 for fiscal year 2004. 
‘‘(C) ALLOCATION OF FUNDS.—Of the aggre-
gate of amounts made available by and appro-
priated 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 for-
mula 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; 
‘‘(vi) $4,000,000 shall be available to 
carry out the nonmotorized transportation
520
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 Transpor-
tation 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 disabil-
ities 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 available 
to provide financial assistance for urban-
ized areas under section 5307, subject to sec-
tion 3041(h) of the Federal Public Trans-
portation Act of 2004. 
‘‘(2) FISCAL YEARS 2005 THROUGH 2009.—
‘‘(A) FROM TRUST FUND.—There shall be 
available from the Mass Transit Account of the
521
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 nonmotorized transpor-
tation 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—
‘‘(i) $3,100,000 shall be available to 
carry out section 5318; and
522
‘‘(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 avail-
able to carry out section 5316. 
‘‘(E) ALLOCATION
OF
FUNDS
FOR
NEW 
FREEDOM
PROGRAM.—Of 
the 
aggregate 
of 
amounts made available by this paragraph, 
$95,000,000 for fiscal year 2005, $100,000,000 
for fiscal year 2006, $105,000,000 for fiscal year
523
2007, $115,000,000 for fiscal year 2008, and 
$125,000,000 for fiscal year 2009 shall be avail-
able 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 avail-
able by this paragraph, $4,000,000 for fiscal 
year 2005, $4,000,000 for fiscal year 2006, 
$4,000,000 for fiscal year 2007, $8,000,000 for 
fiscal year 2008, and $8,000,000 for fiscal year 
2009 shall be available to carry out section 
1118(b) of the Transportation Equity Act: A 
Legacy for Users (relating to the nonmotorized 
transportation pilot program). 
‘‘(H) ALLOCATION
OF
FUNDS
FOR
THE 
ALASKA RAILROAD.—Of the aggregate of amounts 
made available by this paragraph, $10,000,000
524
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 para-
graph 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 disabil-
ities 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 section 
3041(h) of the Federal Public Transpor-
tation Act of 2004. 
‘‘(b) CAPITAL PROGRAM GRANTS
IN FISCAL YEAR 
2004.—
525
‘‘(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.—
‘‘(A) FROM THE TRUST FUND.—There shall 
be available from the Mass Transit Account of 
the Highway Trust Fund to carry out sections 
5303, 5304, and 5305—
526
‘‘(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.—
‘‘(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
527
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 pursuant to 
this paragraph for fiscal year 2004—
‘‘(i) not less than $4,500,000 shall be 
available to carry out programs under the 
National Transit Institute under section 
5315; 
‘‘(ii) not less than $3,500,000 shall be 
available to carry out section 5335; 
‘‘(iii) not less than $3,500,000 shall be 
available to carry out section 5314(a)(2); 
and 
‘‘(iv) not less than $8,860,000 shall be 
available to carry out section 5313(a). 
‘‘(2) FISCAL YEARS 2005 THROUGH 2009.—
‘‘(A) FROM THE GENERAL FUND.—There is 
authorized to be appropriated to carry out sec-
tions 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;
528
‘‘(iv) $62,000,000 for fiscal year 2008; 
and 
‘‘(v) $64,500,000 for fiscal year 2009. 
‘‘(B) ALLOCATION OF FUNDS.—Of the funds 
appropriated pursuant to this paragraph for a 
fiscal year—
‘‘(i) not less than $4,500,000 shall be 
available to carry out programs under the 
National Transit Institute under section 
5315; 
‘‘(ii) not less than $3,500,000 shall be 
available to carry out section 5335; and 
‘‘(iii) not less than $3,500,000 shall be 
available to carry out section 5314(a)(2). 
‘‘(C) TRANSIT
COOPERATIVE
RESEARCH 
PROGRAM.—Of the funds appropriated pursuant 
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-
529
paragraphs (A) and (B) for such fiscal year 
shall be available to carry out national research 
and technology programs under sections 5312, 
5314, and 5322. 
‘‘(e) UNIVERSITY TRANSPORTATION RESEARCH.—
‘‘(1) FISCAL YEAR 2004.—
‘‘(A) FROM TRUST FUND.—There shall be 
available from the Mass Transit Account of the 
Highway Trust Fund to carry out sections 5505 
and 5506, $6,400,000 for fiscal year 2004. 
‘‘(B) FROM GENERAL FUND.—In addition 
to amounts made available by subparagraph (A), 
there is authorized to be appropriated to carry 
out sections 5505 and 5506, $1,600,000 for fiscal 
year 2004. 
‘‘(2) FISCAL YEARS 2005 THROUGH 2009.—Sub-
ject to paragraph (3), there is authorized to be appro-
priated to carry out sections 5505 and 5506, 
$8,000,000 for each of fiscal years 2005 through 2009. 
‘‘(3) FUNDING OF UNIVERSITY TRANSPORTATION 
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
530
institution identified in section 5505(j)(3)(E), as 
so in effect. 
‘‘(B) USE OF FUNDS.—Funds made avail-
able for the institution identified in subpara-
graph (A)(iii) shall be used to make grants 
under 5506(f)(5) for that institution 
‘‘(C) SPECIAL RULE.—Nothing in this sub-
section shall be construed to limit the transpor-
tation research conducted by the centers funded 
by this section. 
‘‘(f) ADMINISTRATION.—
‘‘(1) FISCAL YEAR 2004.—
‘‘(A) FROM TRUST FUND.—There shall be 
available from the Mass Transit Account of the 
Highway Trust Fund to carry out section 5334, 
$60,044,000 for fiscal year 2004. 
‘‘(B) FROM GENERAL FUND.—In addition 
to amounts made available under subparagraph 
(A), there are authorized to be appropriated to 
carry out section 5334, $15,011,000 for fiscal 
year 2004. 
‘‘(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;
531
‘‘(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; 
‘‘(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
532
under subsection (a)(l)(A), (a)(2), (b)(1), (c)(2), 
(d)(1)(A), (e)(1)(A), (f)(1)(A), or (g) is a contractual 
obligation of the Government to pay the Government’s 
share of the cost of the project. 
‘‘(2) GRANTS FINANCED FROM GENERAL FUND.—
A grant or contract, approved by the Secretary, that 
is financed with amounts made available under sub-
section (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 contrac-
tual obligation of the Government to pay the Govern-
ment’s share of the cost of the project only to the ex-
tent that amounts are provided in advance in an ap-
propriations 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 Transportation 
Equity Act for the 21st Century (49 U.S.C. 5310 note; 112 
Stat. 392) is amended—
(1) by striking the section heading and inserting 
the following: