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‘‘(C) sold to a State or local government for
the exclusive use of a State or local government
(as defined in section 4221(d)(4) and certified as
such by the State) or sold to a qualified volun-
teer fire department (as defined in section
150(e)(2) and certified as such by the State) for
its exclusive use;’’.
(2) Section 4041(g)(2) (relating to other exemp-
tions) is amended by striking ‘‘or the District of Co-
lumbia’’ and inserting ‘‘the District of Columbia, or
a qualified volunteer fire department (as defined in
section 150(e)(2)) (and certified as such by the State
or the District of Columbia)’’.
(b) NONPROFIT EDUCATIONAL ORGANIZATIONS.—
(1) Section 6416(b)(2)(D) is amended by insert-
ing ‘‘(as defined in section 4221(d)(5) and certified to
be in good standing by the State in which such orga-
nization is providing educational services)’’ after ‘‘or-
ganization’’.
(2) Section 4041(g)(4) is amended—
(A) by inserting ‘‘(certified to be in good
standing by the State in which such organiza-
tion is providing educational services)’’ after
‘‘organization’’ the first place it appears, and
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(B) by striking ‘‘use by a’’ and inserting
‘‘use by such a’’.
(c) EFFECTIVE DATE.—The amendments made by this
section shall apply to sales after December 31, 2005.
SEC. 5615. REREGISTRATION IN EVENT OF CHANGE IN OWN-
ERSHIP.
(a) IN GENERAL.—Section 4101(a) (relating to reg-
istration) is amended by adding at the end the following
new paragraph:
‘‘(4) REREGISTRATION IN EVENT OF CHANGE IN
OWNERSHIP.—Under regulations prescribed by the
Secretary, a person (other than a corporation the
stock of which is regularly traded on an established
securities market) shall be required to reregister under
this section if after a transaction (or series of related
transactions) more than 50 percent of ownership in-
terests in, or assets of, such person are held by persons
other than persons (or persons related thereto) who
held more than 50 percent of such interests or assets
before the transaction (or series of related trans-
actions).’’.
(b) CONFORMING AMENDMENTS.—
(1) CIVIL PENALTY.—Section 6719 (relating to
failure to register) is amended—
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(A) by inserting ‘‘or reregister’’ after ‘‘reg-
ister’’ each place it appears,
(B) by inserting ‘‘OR REREGISTER’’ after
‘‘REGISTER’’ in the heading for subsection (a),
and
(C) by inserting ‘‘OR REREGISTER’’ after
‘‘REGISTER’’ in the heading thereof.
(2) CRIMINAL PENALTY.—Section 7232 (relating
to failure to register under section 4101, false rep-
resentations of registration status, etc.) is amended—
(A) by inserting ‘‘or reregister’’ after ‘‘reg-
ister’’,
(B) by inserting ‘‘or reregistration’’ after
‘‘registration’’, and
(C) by inserting ‘‘OR REREGISTER’’ after
‘‘REGISTER’’ in the heading thereof.
(3) CLERICAL AMENDMENTS.—The item relating
to section 6719 in the table of sections for part I of
subchapter B of chapter 68 and the item relating to
section 7232 in the table of sections for part II of sub-
chapter A of chapter 75 are each amended by insert-
ing ‘‘or reregister’’ after ‘‘register’’.
(c) EFFECTIVE DATE.—The amendments made by this
section shall apply to actions, or failures to act, after the
date of the enactment of this Act.
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SEC. 5616. RECONCILIATION OF ON-LOADED CARGO TO EN-
TERED CARGO.
(a) IN GENERAL.—Subsection (a) of section 343 of the
Trade Act of 2002 is amended by inserting at the end the
following new paragraph:
‘‘(4) TRANSMISSION
OF
DATA.—Pursuant to
paragraph (2), not later than 1 year after the date
of enactment of this paragraph, the Secretary of
Homeland Security, after consultation with the Sec-
retary of the Treasury, shall establish an electronic
data interchange system through which the United
States Customs and Border Protection shall transmit
to the Internal Revenue Service information per-
taining to cargoes of any taxable fuel (as defined in
section 4083 of the Internal Revenue Code of 1986)
that the United States Customs and Border Protec-
tion has obtained electronically under its regulations
adopted in accordance with paragraph (1). For this
purpose, not later than 1 year after the date of enact-
ment of this paragraph, all filers of required cargo in-
formation for such taxable fuels (as so defined) must
provide such information to the United States Cus-
toms and Border Protection through such electronic
data interchange system.’’.
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(b) EFFECTIVE DATE.—The amendment made by this
section shall take effect on the date of the enactment of this
Act.
SEC. 5617. REGISTRATION OF DEEP-DRAFT VESSELS.
In applying section 4101 of the Internal Revenue Code
of 1986 on and after the date of the enactment of this Act,
the Secretary of the Treasury shall require the registration
under such section of every operator of a vessel described
in section 4042(c)(1) of such Code.
SEC. 5618. TAXATION OF GASOLINE BLENDSTOCKS AND
KEROSENE.
With respect to fuel entered or removed after September
30, 2005, the Secretary of the Treasury shall, in applying
section 4083 of the Internal Revenue Code of 1986—
(1) prohibit the nonbulk entry or removal of any
gasoline blend stock without the imposition of tax
under section 4081 of such Code, and
(2) include mineral spirits in the definition of
kerosene.
SEC. 5619. NONAPPLICATION OF EXPORT EXEMPTION TO
DELIVERY OF FUEL TO MOTOR VEHICLES RE-
MOVED FROM UNITED STATES.
(a) IN GENERAL.—Section 4221(d)(2) (defining ex-
port) is amended by adding at the end the following new
sentence: ‘‘Such term does not include the delivery of a tax-
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able fuel (as defined in section 4083(a)(1)) into a fuel tank
of a motor vehicle which is shipped or driven out of the
United States.’’.
(b) CONFORMING AMENDMENTS.—
(1) Section 4041(g) (relating to other exemp-
tions) is amended by adding at the end the following
new sentence: ‘‘Paragraph (3) shall not apply to the
sale of a liquid for delivery into a fuel tank of a
motor vehicle which is shipped or driven out of the
United States.’’.
(2) Clause (iv) of section 4081(a)(1)(A) (relating
to tax on removal, entry, or sale) is amended by in-
serting ‘‘or at a duty-free sales enterprise (as defined
in section 555(b)(8) of the Tariff Act of 1930)’’ after
‘‘section 4101’’.
(c) EFFECTIVE DATE.—The amendments made by this
section shall apply to sales or deliveries made after the date
of the enactment of this Act.
SEC. 5620. PENALTY WITH RESPECT TO CERTAIN ADULTER-
ATED FUELS.
(a) IN GENERAL.—Part I of subchapter B of chapter
68 (relating to assessable penalties) is amended by adding
at the end the following new section:
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‘‘SEC. 6720A. PENALTY WITH RESPECT TO CERTAIN ADUL-
TERATED FUELS.
‘‘(a) IN GENERAL.—Any person who knowingly trans-
fers for resale, sells for resale, or holds out for resale any
liquid for use in a diesel-powered highway vehicle or a die-
sel-powered train which does not meet applicable EPA regu-
lations (as defined in section 45H(c)(3)), shall pay a pen-
alty of $10,000 for each such transfer, sale, or holding out
for resale, in addition to the tax on such liquid (if any).
‘‘(b) PENALTY IN THE CASE OF RETAILERS.—Any per-
son who knowingly holds out for sale (other than for resale)
any liquid described in subsection (a), shall pay a penalty
of $10,000 for each such holding out for sale, in addition
to the tax on such liquid (if any).’’.
(b) DEDICATION OF REVENUE.—Paragraph (5) of sec-
tion 9503(b) (relating to certain penalties) is amended by
inserting ‘‘6720A,’’ after ‘‘6719,’’.
(c) CLERICAL AMENDMENT.—The table of sections for
part I of subchapter B of chapter 68 is amended by adding
at the end the following new item:
‘‘Sec. 6720A. Penalty with respect to certain adulterated fuels.’’.
(d) EFFECTIVE DATE.—The amendments made by this
section shall apply to any transfer, sale, or holding out for
sale or resale occurring after the date of the enactment of
this Act.
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TITLE VI—PUBLIC
TRANSPORTATION
SEC. 6001. SHORT TITLE.
This title may be cited as the ‘‘Federal Public Trans-
portation Act of 2005’’.
SEC. 6002. AMENDMENTS TO TITLE 49, UNITED STATES
CODE; UPDATED TERMINOLOGY.
(a) AMENDMENTS TO TITLE 49.—Except as otherwise
specifically provided, whenever in this title an amendment
or repeal is expressed in terms of an amendment to, or re-
peal of, a section or other provision of law, the reference
shall be considered to be made to a section or other provi-
sion of title 49, United States Code.
(b) UPDATED TERMINOLOGY.—Except for sections
5301(f), 5302(a)(7), and 5315, chapter 53, including the
chapter analysis, is amended by striking ‘‘mass transpor-
tation’’ each place it appears and inserting ‘‘public trans-
portation’’.
SEC. 6003. POLICIES, FINDINGS, AND PURPOSES.
(a) DEVELOPMENT AND REVITALIZATION OF PUBLIC
TRANSPORTATION SYSTEMS.—Section 5301(a) is amended
to read as follows:
‘‘(a) DEVELOPMENT AND REVITALIZATION OF PUBLIC
TRANSPORTATION SYSTEMS.—It is in the economic interest
of the United States to foster the development and revital-
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ization of public transportation systems, which are coordi-
nated with other modes of transportation, that maximize
the efficient, secure, and safe mobility of individuals and
minimize environmental impacts.’’.
(b) GENERAL
FINDINGS.—Section 5301(b)(1) is
amended—
(1) by striking ‘‘70 percent’’ and inserting ‘‘two-
thirds’’; and
(2) by striking ‘‘urban areas’’ and inserting ‘‘ur-
banized areas’’.
(c) PRESERVING THE ENVIRONMENT.—Section 5301(e)
is amended—
(1) by striking ‘‘an urban’’ and inserting ‘‘a’’;
and
(2) by striking ‘‘under sections 5309 and 5310 of
this title’’.
(d) 
GENERAL
PURPOSES.—Section 
5301(f) 
is
amended—
(1) in paragraph (1)—
(A) by striking ‘‘improved mass’’ and in-
serting ‘‘improved public’’; and
(B) by striking ‘‘public and private mass
transportation companies’’ and inserting ‘‘public
transportation companies and private companies
engaged in public transportation’’;
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(2) in paragraph (2)—
(A) by striking ‘‘urban mass’’ and inserting
‘‘public’’; and
(B) by striking ‘‘public and private mass
transportation companies’’ and inserting ‘‘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. 6004. DEFINITIONS.
Section 5302(a) is amended—
(1) in paragraph (1)—
(A) in subparagraph (G)(i), by inserting
‘‘including the intercity bus and intercity rail
portions of such facility or mall,’’ after ‘‘trans-
portation mall,’’;
(B) in subparagraph (G)(ii), by inserting ‘‘,
except for the intercity bus portion of intermodal
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facilities or malls,’’ after ‘‘commercial revenue-
producing facility’’;
(C) in subparagraph (H)—
(i) by striking ‘‘and’’ after ‘‘innova-
tive’’ and inserting ‘‘or’’; and
(ii) by striking ‘‘or’’ after the semi-
colon at the end;
(D) in subparagraph (I), by striking the pe-
riod at the end and inserting a semicolon; and
(E) by adding at the end the following:
‘‘(J) 
crime 
prevention 
and 
security,
including—
‘‘(i) projects to refine and develop secu-
rity and emergency response plans; or
‘‘(ii) projects to detect chemical or bio-
logical agents in public transportation;
‘‘(K) conducting emergency response drills
with public transportation agencies and local
first response agencies or security training for
public transportation employees, except for ex-
penses relating to operations; or
‘‘(L) establishing a debt service reserve,
made up of deposits with a bondholder’s trustee,
to ensure the timely payment of principal and
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interest on bonds issued by a grant recipient to
finance an eligible project under this chapter.’’;
(2) by redesignating paragraphs (8) through (17)
as paragraphs (9) through (18), respectively;
(3) by striking paragraph (7) and inserting the
following:
‘‘(7) MASS TRANSPORTATION.—The term ‘mass
transportation’ means public transportation.
‘‘(8) MOBILITY MANAGEMENT.—The term ‘mobil-
ity management’ means a short-range planning or
management activity or project that does not include
operating public transportation services and—
‘‘(A) improves coordination among public
transportation providers, including private com-
panies engaged in public transportation;
‘‘(B) addresses customer needs by tailoring
public transportation services to specific market
niches; or
‘‘(C) manages public transportation de-
mand.’’;
(4) by amending paragraph (11), as redesig-
nated, to read as follows:
‘‘(11) 
PUBLIC
TRANSPORTATION.—The 
term
‘public transportation’ means transportation by a
conveyance that provides local regular and continuing
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general or special transportation to the public, but
does not include school bus, charter bus, intercity bus
or passenger rail, or sightseeing transportation.’’;
(5) in subparagraphs (A) and (E) of paragraph
(16), as redesignated, by striking ‘‘and’’ each place it
appears and inserting ‘‘or’’; and
(6) by amending paragraph (18), as redesig-
nated, to read as follows:
‘‘(18) URBANIZED AREA.—The term ‘urbanized
area’ means an area encompassing a population of
not less than 50,000 people that has been defined and
designated in the most recent decennial census as an
‘urbanized area’ by the Secretary of Commerce.’’.
SEC. 6005. METROPOLITAN TRANSPORTATION PLANNING.
Section 5303 is amended to read as follows:
‘‘§ 5303. Metropolitan transportation planning
‘‘(a) DEFINITIONS.—As used in this section and in sec-
tion 5304, the following definitions shall apply:
‘‘(1) CONSULTATION.—A ‘consultation’ occurs
when 1 party—
‘‘(A) confers with another identified party
in accordance with an established process;
‘‘(B) prior to taking action, considers the
views of the other identified party; and
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‘‘(C) periodically informs that party about
action taken.
‘‘(2) METROPOLITAN PLANNING AREA.—The term
‘metropolitan planning area’ means the geographic
area determined by agreement between the metropoli-
tan planning organization and the Governor under
subsection (d).
‘‘(3) 
METROPOLITAN
PLANNING
ORGANIZA-
TION.—The term ‘metropolitan planning organiza-
tion’ means the Policy Board of the organization des-
ignated under subsection (c).
‘‘(4) NONMETROPOLITAN AREA.—The term ‘non-
metropolitan area’ means any geographic area out-
side all designated metropolitan planning areas.
‘‘(5) NONMETROPOLITAN LOCAL OFFICIAL.—The
term ‘nonmetropolitan local official’ means any elect-
ed or appointed official of general purpose local gov-
ernment located in a nonmetropolitan area who is re-
sponsible for transportation services for such local
government.
‘‘(b) GENERAL REQUIREMENTS.—
‘‘(1) DEVELOPMENT OF PLANS AND PROGRAMS.—
To accomplish the objectives described in section
5301(a), each metropolitan planning organization, in
cooperation with the State and public transportation
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operators, shall develop transportation plans and pro-
grams for metropolitan planning areas of the State in
which it is located.
‘‘(2) CONTENTS.—The plans and programs devel-
oped under paragraph (1) for each metropolitan plan-
ning area shall provide for the development and inte-
grated management and operation of transportation
systems and facilities (including pedestrian walkways
and bicycle transportation facilities) that will func-
tion as an intermodal transportation system for the
metropolitan planning area and as an integral part
of an intermodal transportation system for the State
and the United States.
‘‘(3) PROCESS OF DEVELOPMENT.—The process
for developing the plans and programs shall provide
for consideration of all modes of transportation and
shall be continuing, cooperative, and comprehensive to
the degree appropriate, based on the complexity of the
transportation problems to be addressed.
‘‘(4) PLANNING AND PROJECT DEVELOPMENT.—
The metropolitan planning organization, the State
Department of Transportation, and the appropriate
public transportation provider shall agree upon the
approaches that will be used to evaluate alternatives
and identify transportation improvements that ad-
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dress the most complex problems and pressing trans-
portation needs in the metropolitan area.
‘‘(c) DESIGNATION OF METROPOLITAN PLANNING OR-
GANIZATIONS.—
‘‘(1) IN GENERAL.—To carry out the transpor-
tation planning process under this section, a metro-
politan planning organization shall be designated for
each urbanized area—
‘‘(A) by agreement between the Governor
and units of general purpose local government
that combined represent not less than 75 percent
of the affected population (including the incor-
porated city or cities named by the Bureau of
the Census in designating the urbanized area); or
‘‘(B) in accordance with procedures estab-
lished by applicable State or local law.
‘‘(2) STRUCTURE.—Each metropolitan planning
organization designated under paragraph (1) that
serves an area identified as a transportation manage-
ment area shall consist of—
‘‘(A) local elected officials;
‘‘(B) officials of public agencies that admin-
ister or operate major modes of transportation in
the metropolitan area; and
‘‘(C) appropriate State officials.
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‘‘(3) LIMITATION
ON
STATUTORY
CONSTRUC-
TION.—Nothing in this subsection shall be construed
to interfere with the authority, under any State law
in effect on December 18, 1991, of a public agency
with multimodal transportation responsibilities—
‘‘(A) to develop plans and programs for
adoption by a metropolitan planning organiza-
tion; and
‘‘(B) to develop long-range capital plans,
coordinate transit services and projects, and
carry out other activities pursuant to State law.
‘‘(4) CONTINUING
DESIGNATION.—The designa-
tion of a metropolitan planning organization under
this subsection or any other provision of law shall re-
main in effect until the metropolitan planning orga-
nization is redesignated under paragraph (5).
‘‘(5) REDESIGNATION
PROCEDURES.—A metro-
politan planning organization may be redesignated
by agreement between the Governor and units of gen-
eral purpose local government that combined rep-
resent not less than 75 percent of the existing plan-
ning area population (including the incorporated city
or cities named by the Bureau of the Census in desig-
nating the urbanized area) as appropriate to carry
out this section.