316
HR 3 IH1S 
(B) by striking ‘public and private mass 
transportation companies’ and inserting ‘both 
public transportation companies and private 
companies engaged in public transportation’; 
(2) in paragraph (2)—
(A) by striking ‘urban mass’ and inserting 
‘public’; and 
(B) by striking ‘public and private mass 
transportation companies’ and inserting ‘both 
public transportation companies and private 
companies engaged in public transportation’; 
(3) in paragraph (3)—
(A) by striking ‘urban mass’ and inserting 
‘public’; and 
(B) by striking ‘public or private mass 
transportation companies’ and inserting ‘public 
transportation companies or private companies 
engaged in public transportation’; and 
(4) in paragraph (5) by striking ‘urban mass’ 
and inserting ‘public’. 
SEC. 3003. DEFINITIONS. 
(a) LEAD-IN.—Section 5302(a) is amended in the 
matter preceding paragraph (1) by striking ‘In this chap-
ter’ and inserting ‘Except as otherwise specifically pro-
vided, in this chapter’.
317
HR 3 IH1S 
(b) CAPITAL
PROJECT.—Section 5302(a)(1) is 
amended—
(1) in subparagraph (G) by inserting ‘construc-
tion, renovation, and improvement of intercity bus 
stations and terminals,’ before ‘and the renovation 
and improvement of historic transportation facili-
ties,’; 
(2) in subparagraph (G)(ii) by inserting ‘(other 
than an intercity bus station or terminal)’ after 
‘commercial revenue-producing facility’; 
(3) by striking ‘or’ at the end of subparagraph 
(H); 
(4) by striking the period at the end of sub-
paragraph (I) and inserting a semicolon; and 
(5) by adding at the end the following: 
‘(J) crime prevention and security—
‘(i) including—
‘(I) projects to refine and develop 
security 
and 
emergency 
response 
plans; 
‘(II) projects aimed at detecting 
chemical and biological agents in pub-
lic transportation; 
‘(III) the conduct of emergency 
response drills with public transpor-
318
HR 3 IH1S 
tation agencies and local first re-
sponse agencies; and 
‘(IV) security training for public 
transportation employees; but 
‘(ii) excluding all expenses related to 
operations, other than such expenses in-
curred in conducting activities described in 
subclauses (III) and (IV); 
‘(K) establishment of a debt service reserve 
made up of deposits with a bondholders’ trustee 
in a noninterest bearing account for the pur-
pose of ensuring timely payment of principal 
and interest on bonds issued by a grant recipi-
ent for purposes of financing an eligible project 
under this chapter; or 
‘(L) mobility management—
‘(i) consisting of short-range planning 
and management activities and projects for 
improving 
coordination 
among 
public 
transportation and other transportation 
service providers carried out by a recipient 
or subrecipient through an agreement en-
tered into with a person, including a gov-
ernmental entity, under this chapter (other 
than section 5309); but
319
HR 3 IH1S 
‘(ii) excluding operating public trans-
portation services.’. 
(c) INDIVIDUAL
WITH
A
DISABILITY.—Section 
5302(a)(5) is amended—
(1) by striking ‘HANDICAPPED INDIVIDUAL’ in 
the heading and inserting ‘INDIVIDUAL WITH A DIS-
ABILITY’; and 
(2) by striking ‘handicapped individual’ and in-
serting ‘individual with a disability’. 
(d) MASS TRANSPORTATION.—Section 5302(a)(7) is 
amended to read as follows: 
‘(7) MASS TRANSPORTATION.—The term ‘‘mass 
transportation’’ means public transportation.’. 
(e) PUBLIC TRANSPORTATION.—Section 5302(a)(10) 
is amended to read as follows: 
‘(10) PUBLIC
TRANSPORTATION.—The term 
‘‘public transportation’’ means transportation by a 
conveyance that provides regular and continuing 
general or special transportation to the public, but 
does not include schoolbus, charter, or sightseeing 
transportation.’. 
(f) URBANIZED
AREA.—Section 5302(a)(17) is 
amended to read as follows: 
‘(17) URBANIZED AREA.—The term ‘‘urbanized 
area’’ means an area encompassing a population of
320
HR 3 IH1S 
at least 50,000 people that has been defined and 
designated in the latest decennial census as an ur-
banized area by the Secretary of Commerce.’. 
(g) AUTHORITY TO MODIFY DEFINITION.—Section 
5302(b) is amended—
(1) by striking ‘HANDICAPPED INDIVIDUAL’ in 
the heading and inserting ‘INDIVIDUAL WITH A DIS-
ABILITY’; and 
(2) by striking ‘handicapped individual’ and in-
serting ‘individual with a disability’. 
SEC. 3004. METROPOLITAN PLANNING. 
Section 5303 is amended to read as follows: 
‘§ 5303. Metropolitan planning 
‘(a) IN GENERAL.—Grants made under sections 
5307, 5308, 5309, 5310, 5311, 5316, and 5317 shall be 
carried out in accordance with the metropolitan planning 
provisions of chapter 52. 
‘(b) CERTIFICATION.—
‘(1) IN GENERAL.—The Secretary shall ensure 
and certify that each metropolitan planning organi-
zation in each transportation management area is 
carrying out its responsibilities under applicable laws 
of the United States. The Secretary may make the 
certification only if the organization is complying 
with chapter 52 and other applicable requirements
321
HR 3 IH1S 
of laws of the United States and the organization 
and chief executive officer have approved a transpor-
tation improvement program for the area. 
‘(2) LIMITATION
ON
WITHHOLDING
CERTIFI-
CATION.—The Secretary may not withhold certifi-
cation based on the policies and criteria a metropoli-
tan planning organization or mass transportation 
grant recipient establishes under section 5306(a) for 
deciding the feasibility of private enterprise partici-
pation.’. 
SEC. 3005. STATEWIDE PLANNING. 
(a) IN GENERAL.—Section 5304 is amended to read 
as follows: 
‘§ 5304. Statewide planning 
‘Grants made under sections 5307, 5308, 5309, 
5310, 5311, 5316, and 5317 shall be carried out in ac-
cordance with the statewide planning provisions of chapter 
52.’. 
(b) CONFORMING AMENDMENT.—The analysis for 
chapter 53 is amended by striking the item relating to 
section 5304 and inserting the following:
‘5304. Statewide planning.’.
SEC. 3006. PLANNING PROGRAMS. 
(a) IN GENERAL.—Section 5305 is amended to read 
as follows:
322
HR 3 IH1S 
‘§ 5305. Planning programs 
‘(a) STATE DEFINED.—In this section the term 
‘‘State’’ means a State of the United States, the District 
of Columbia, and Puerto Rico. 
‘(b) GENERAL AUTHORITY.—
‘(1) ASSISTANCE.—Under criteria to be estab-
lished by the Secretary, the Secretary may provide 
assistance for—
‘(A) the development of transportation 
plans and programs; 
‘(B) planning, engineering, designing, and 
evaluating a public transportation project; and 
‘(C) for other technical studies. 
‘(2) 
GRANTS, 
AGREEMENTS, 
AND
CON-
TRACTS.—The Secretary may provide assistance 
under paragraph (1)—
‘(A) by making grants to States, authori-
ties of States, metropolitan planning organiza-
tions, and local governmental authorities; or 
‘(B) by making agreements with other de-
partments, agencies, and instrumentalities of 
the Government. 
‘(3) ELIGIBLE
ACTIVITIES.—Activities eligible 
for assistance under paragraph (1) include the fol-
lowing:
323
HR 3 IH1S 
‘(A) Studies related to management, plan-
ning, operations, capital requirements, and eco-
nomic feasibility. 
‘(B) 
Evaluating 
previously 
financed 
projects. 
‘(C) Peer reviews and exchanges of tech-
nical data, information, assistance, and related 
activities in support of planning and environ-
mental analyses among metropolitan planning 
organizations and other transportation plan-
ners. 
‘(D) Other similar and related activities 
preliminary to and in preparation for con-
structing, acquiring, or improving the operation 
of facilities and equipment. 
‘(c) PURPOSE.—To the extent practicable, the Sec-
retary shall ensure that amounts appropriated or made 
available under section 5338 to carry out this section and 
sections 5303 and 5304 are used to support balanced and 
comprehensive transportation planning that considers the 
relationships among land use and all transportation 
modes, without regard to the programmatic source of the 
planning amounts. 
‘(d) METROPOLITAN PLANNING PROGRAM.—
‘(1) APPORTIONMENT TO STATES.—
324
HR 3 IH1S 
‘(A) IN
GENERAL.—The Secretary shall 
apportion 80 percent of the amounts made 
available under subsection (g)(1) among the 
States to carry out sections 5303 and 5306 in 
the ratio that—
‘(i) the population of urbanized areas 
in each State, as shown by the latest avail-
able decennial census of population; bears 
to 
‘(ii) the total population of urbanized 
areas in all States, as shown by that cen-
sus. 
‘(B) 
MINIMUM
APPORTIONMENT.—Not-
withstanding subparagraph (A), a State may 
not receive less than 0.5 percent of the amount 
apportioned under this paragraph. 
‘(2) ALLOCATION TO MPO’S.—Amounts appor-
tioned to a State under paragraph (1) shall be made 
available within 30 days after allocation to metro-
politan planning organizations in the State des-
ignated under this section under a formula that—
‘(A) considers population of urbanized 
areas;
325
HR 3 IH1S 
‘(B) provides an appropriate distribution 
for urbanized areas to carry out the cooperative 
processes described in this section; 
‘(C) the State develops in cooperation with 
the metropolitan planning organizations; and 
‘(D) the Secretary approves. 
‘(3) SUPPLEMENTAL AMOUNTS.—
‘(A) IN
GENERAL.—The Secretary shall 
apportion 20 percent of the amounts made 
available under subsection (g)(1) among the 
States to supplement allocations made under 
paragraph (1) for metropolitan planning organi-
zations. 
‘(B) FORMULA.—The Secretary shall ap-
portion amounts referred to in subparagraph 
(A) under a formula that reflects the additional 
cost of carrying out planning, programming, 
and project selection responsibilities under sec-
tions 5303 and 5306 in certain urbanized 
areas. 
‘(e) STATE PLANNING AND RESEARCH PROGRAM.—
‘(1) APPORTIONMENT TO STATES.—
‘(A) IN
GENERAL.—The Secretary shall 
apportion the amounts made available under 
subsection (g)(2) among the States for grants
326
HR 3 IH1S 
and contracts to carry out sections 5303 
through 5306, 5312, 5315, and 5322 in the 
ratio that—
‘(i) the population of urbanized areas 
in each State, as shown by the latest avail-
able decennial census; bears to 
‘(ii) the population of urbanized areas 
in all States, as shown by that census. 
‘(B) 
MINIMUM
APPORTIONMENT.—Not-
withstanding subparagraph (A), a State may 
not receive less than 0.5 percent of the amount 
apportioned under this paragraph. 
‘(2) SUPPLEMENTAL
AMOUNTS.—A State, as 
the State considers appropriate, may authorize part 
of the amount made available under this subsection 
to be used to supplement amounts made available 
under subsection (d). 
‘(f) GOVERNMENT’S SHARE OF COSTS.—The Govern-
ment’s share of the cost of an activity funded using 
amounts made available under this section may not exceed 
80 percent of the cost of the activity unless the Secretary 
determines that it is in the interests of the Government 
not to require a State or local match. 
‘(g) ALLOCATION OF FUNDS.—Of the funds made 
available by or appropriated to carry out this section
327
HR 3 IH1S 
under section 5338(c) for fiscal years 2004 through 
2009—
‘(1) 82.72 percent shall be available for the 
metropolitan planning program under subsection (d); 
and 
‘(2) 17.28 percent shall be available to carry 
out subsection (e). 
‘(h) AVAILABILITY OF FUNDS.—Funds apportioned 
under this section in a State shall remain available for 
obligation in that State for a period of 3 years after the 
last day of the fiscal year for which the funds are author-
ized. Any amounts so apportioned that remain unobligated 
at the end of that period shall be reapportioned among 
the States.’. 
(b) CONFORMING AMENDMENT.—The analysis for 
chapter 53 is amended by striking the item relating to 
section 5305 and inserting the following:
‘5305. Planning programs.’.
SEC. 3007. PRIVATE ENTERPRISE PARTICIPATION. 
(a) SECTION HEADING.—Section 5306 is amended by 
striking the section heading and inserting the following: 
‘§ 5306. Private enterprise participation in planning; 
relationship to other limitations’. 
(b) CONFORMING AMENDMENT.—The analysis for 
chapter 53 is amended by striking the item relating to 
section 5306 and inserting the following: