Text: S.907 — 109th Congress (2005-2006)All Information (Except Text)

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Placed on Calendar Senate (04/26/2005)

 
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 907 Placed on Calendar Senate (PCS)]






                                                        Calendar No. 94
109th CONGRESS
  1st Session
                                 S. 907

  To amend chapter 53 of title 49, United States Code, to improve the 
         Nation's public transportation and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 26, 2005

Mr. Shelby, from the Committee on Banking, Housing, and Urban Affairs, 
 reported the following original bill; which was read twice and placed 
                            on the calendar

_______________________________________________________________________

                                 A BILL


 
  To amend chapter 53 of title 49, United States Code, to improve the 
         Nation's public transportation and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Public Transportation Act of 
2005''.

SEC. 2. AMENDMENTS TO TITLE 49, UNITED STATES CODE; UPDATED 
              TERMINOLOGY.

    (a) Amendments to Title 49.--Except as otherwise specifically 
provided, whenever in this Act an amendment or repeal is expressed in 
terms of an amendment to, or repeal of, a section or other provision of 
law, the reference shall be considered to be made to a section or other 
provision 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 transportation'' each place it appears and inserting 
``public transportation''.

SEC. 3. 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 revitalization of public transportation systems, 
which are coordinated 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 ``urbanized 
        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 inserting 
                ``improved public''; and
                    (B) by striking ``public and private mass 
                transportation companies'' and inserting ``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 ``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. 4. 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 
                ``transportation mall,'';
                    (B) in subparagraph (G)(ii), by inserting ``, 
                except for the intercity bus portion of intermodal 
                facilities or malls,'' after ``commercial revenue-
                producing facility'';
                    (C) in subparagraph (H)--
                            (i) by striking ``and'' after 
                        ``innovative'' and inserting ``or''; and
                            (ii) by striking ``or'' after the semicolon 
                        at the end;
                    (D) in subparagraph (I), by striking the period 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 
                        security and emergency response plans; or
                            ``(ii) projects to detect chemical or 
                        biological 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 expenses 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 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 `mobility 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 companies 
                engaged in public transportation;
                    ``(B) addresses customer needs by tailoring public 
                transportation services to specific market niches; or
                    ``(C) manages public transportation demand.'';
            (4) by amending paragraph (11), as redesignated, to read as 
        follows:
            ``(11) Public transportation.--The term `public 
        transportation' means transportation by a conveyance that 
        provides local regular and continuing 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 redesignated, 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. 5. METROPOLITAN TRANSPORTATION PLANNING.

    Section 5303 is amended to read as follows:
``Sec. 5303. Metropolitan transportation planning
    ``(a) Definitions.--As used in this section and in section 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
                    ``(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 metropolitan planning organization and 
        the Governor under subsection (d).
            ``(3) Metropolitan planning organization.--The term 
        `metropolitan planning organization' means the Policy Board of 
        the organization designated under subsection (c).
            ``(4) Nonmetropolitan area.--The term `nonmetropolitan 
        area' means any geographic area outside all designated 
        metropolitan planning areas.
            ``(5) Nonmetropolitan local official.--The term 
        `nonmetropolitan local official' means any elected or appointed 
        official of general purpose local government located in a 
        nonmetropolitan area who is responsible 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 operators, shall develop transportation plans 
        and programs for metropolitan planning areas of the State in 
        which it is located.
            ``(2) Contents.--The plans and programs developed under 
        paragraph (1) for each metropolitan planning area shall provide 
        for the development and integrated management and operation of 
        transportation systems and facilities (including pedestrian 
        walkways and bicycle transportation facilities) that will 
        function 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 address the most 
        complex problems and pressing transportation needs in the 
        metropolitan area.
    ``(c) Designation of Metropolitan Planning Organizations.--
            ``(1) In general.--To carry out the transportation planning 
        process under this section, a metropolitan 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 incorporated city or cities 
                named by the Bureau of the Census in designating the 
                urbanized area); or
                    ``(B) in accordance with procedures established by 
                applicable State or local law.
            ``(2) Structure.--Each metropolitan planning organization 
        designated under paragraph (1) that serves an area identified 
        as a transportation management area shall consist of--
                    ``(A) local elected officials;
                    ``(B) officials of public agencies that administer 
                or operate major modes of transportation in the 
                metropolitan area; and
                    ``(C) appropriate State officials.
            ``(3) Limitation on statutory construction.--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 organization; 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 designation of a 
        metropolitan planning organization under this subsection or any 
        other provision of law shall remain in effect until the 
        metropolitan planning organization is redesignated under 
        paragraph (5).
            ``(5) Redesignation procedures.--A metropolitan planning 
        organization may be redesignated by agreement between the 
        Governor and units of general purpose local government that 
        combined represent not less than 75 percent of the existing 
        planning area population (including the incorporated city or 
        cities named by the Bureau of the Census in designating the 
        urbanized area) as appropriate to carry out this section.
            ``(6) Designation of more than 1 metropolitan planning 
        organization.--More than 1 metropolitan planning organization 
        may be designated within an existing metropolitan planning area 
        only if the Governor and the existing metropolitan planning 
        organization determine that the size and complexity of the 
        existing metropolitan planning area make designation of more 
        than 1 metropolitan planning organization for the area 
        appropriate.
    ``(d) Metropolitan Planning Area Boundaries.--
            ``(1) In general.--For the purposes of this section, the 
        boundaries of a metropolitan planning area shall be determined 
        by agreement between the metropolitan planning organization and 
        the Governor.
            ``(2) Included area.--Each metropolitan planning area--
                    ``(A) shall encompass at least the existing 
                urbanized area and the contiguous area expected to 
                become urbanized within a 20-year forecast period for 
                the transportation plan; and
                    ``(B) may encompass the entire metropolitan 
                statistical area or consolidated metropolitan 
                statistical area, as defined by the Office of 
                Management and Budget.
            ``(3) Identification of new urbanized areas within existing 
        planning area boundaries.--The designation by the Bureau of the 
        Census of new urbanized areas within an existing metropolitan 
        planning area shall not require the redesignation of the 
        existing metropolitan planning organization.
            ``(4) Existing metropolitan planning areas in 
        nonattainment.--Notwithstanding paragraph (2), in the case of 
        an urbanized area designated as a nonattainment area for ozone 
        or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et 
        seq.), the boundaries of the metropolitan planning area in 
        existence as of the date of enactment of the Federal Public 
        Transportation Act of 2005 shall be retained, except that the 
        boundaries may be adjusted by agreement of the Governor and 
        affected metropolitan planning organizations in accordance with 
        paragraph (5).
            ``(5) New metropolitan planning areas in nonattainment.--If 
        an urbanized area is designated after the date of enactment of 
        this paragraph in a nonattainment area for ozone or carbon 
        monoxide, the boundaries of the metropolitan planning area--
                    ``(A) shall be established in accordance with 
                subsection (c)(1);
                    ``(B) shall encompass the areas described in 
                paragraph (2)(A);
                    ``(C) may encompass the areas described in 
                paragraph (2)(B); and
                    ``(D) may address any nonattainment identified 
                under the Clean Air Act (42 U.S.C. 7401 et seq.) for 
                ozone or carbon monoxide.
    ``(e) Coordination in Multistate Areas.--
            ``(1) In general.--The Secretary shall encourage each 
        Governor with responsibility for a portion of a multistate 
        metropolitan area and the appropriate metropolitan planning 
        organizations to provide coordinated transportation planning 
        for the entire metropolitan area.
            ``(2) Interstate compacts.--States are authorized--
                    ``(A) to enter into agreements or compacts with 
                other States, which agreements or compacts are not in 
                conflict with any law of the United States, for 
                cooperative efforts and mutual assistance in support of 
                activities authorized under this section as the 
                activities pertain to interstate areas and localities 
                within the States; and
                    ``(B) to establish such agencies, joint or 
                otherwise, as the States may determine desirable for 
                making the agreements and compacts effective.
            ``(3) Lake tahoe region.--
                    ``(A) Definition.--In this paragraph, the term 
                `Lake Tahoe region' has the meaning given the term 
                `region' in subdivision (a) of article II of the Tahoe 
                Regional Planning Compact, as set forth in the first 
                section of Public Law 96-551 (94 Stat. 3234).
                    ``(B) Transportation planning process.--The 
                Secretary shall--
                            ``(i) establish with the Federal land 
                        management agencies that have jurisdiction over 
                        land in the Lake Tahoe region a transportation 
                        planning process for the region; and
                            ``(ii) coordinate the transportation 
                        planning process with the planning process 
                        required of State and local governments under 
                        this section and section 5304.
                    ``(C) Interstate compact.--
                            ``(i) In general.--Subject to clause (ii) 
                        and notwithstanding subsection (c), to carry 
                        out the transportation planning process 
                        required by this section, California and Nevada 
                        may designate a metropolitan planning 
                        organization for the Lake Tahoe region, by 
                        agreement between the Governor of the State of 
                        California, the Governor of the State of 
                        Nevada, and units of general purpose local 
                        government that combined represent not less 
                        than 75 percent of the affected population 
                        (including the incorporated city or cities 
                        named by the Bureau of the Census in 
                        designating the urbanized area), or in 
                        accordance with procedures established by 
                        applicable State or local law.
                            ``(ii) Involvement of federal land 
                        management agencies.--
                                    ``(I) Representation.--The policy 
                                board of a metropolitan planning 
                                organization designated under clause 
                                (i) shall include a representative of 
                                each Federal land management agency 
                                that has jurisdiction over land in the 
                                Lake Tahoe region.
                                    ``(II) Funding.--In addition to 
                                funds made available to the 
                                metropolitan planning organization 
                                under other provisions of title 23 and 
                                this chapter, not more than 1 percent 
                                of the funds allocated under section 
                                202 of title 23 may be used to carry 
                                out the transportation planning process 
                                for the Lake Tahoe region under this 
                                subparagraph.
                    ``(D) Activities.--Highway projects included in 
                transportation plans developed under this paragraph--
                            ``(i) shall be selected for funding in a 
                        manner that facilitates the participation of 
                        the Federal land management agencies that have 
                        jurisdiction over land in the Lake Tahoe 
                        region; and
                            ``(ii) may, in accordance with chapter 2 of 
                        title 23, be funded using funds allocated under 
                        section 202 of title 23.
    ``(f) Coordination of Metropolitan Planning Organizations.--
            ``(1) Nonattainment areas.--If more than 1 metropolitan 
        planning organization has authority within a metropolitan area 
        or an area which is designated as a nonattainment area for 
        ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 
        7401 et seq.), each metropolitan planning organization shall 
        consult with the other metropolitan planning organizations 
        designated for such area and the State in the coordination of 
        plans required by this section.
            ``(2) Transportation improvements located in multiple 
        metropolitan planning areas.--If a transportation improvement 
        funded from the highway trust fund is located within the 
        boundaries of more than 1 metropolitan planning area, the 
        metropolitan planning organizations shall coordinate plans 
        regarding the transportation improvement.
            ``(3) Interregional and interstate project impacts.--
        Planning for National Highway System, commuter rail projects, 
        or other projects with substantial impacts outside a single 
        metropolitan planning area or State shall be coordinated 
        directly with the affected, contiguous, metropolitan planning 
        organizations and States.
            ``(4) Coordination with other planning processes.--
                    ``(A) In general.--The Secretary shall encourage 
                each metropolitan planning organization to coordinate 
                its planning process, to the maximum extent 
                practicable, with those officials responsible for other 
                types of planning activities that are affected by 
                transportation, including State and local land use 
                planning, economic development, environmental 
                protection, airport operations, housing, and freight.
                    ``(B) Other considerations.--The metropolitan 
                planning process shall develop transportation plans 
                with due consideration of, and in coordination with, 
                other related planning activities within the 
                metropolitan area. This should include the design and 
                delivery of transportation services within the 
                metropolitan area that are provided by--
                            ``(i) recipients of assistance under this 
                        chapter;
                            ``(ii) governmental agencies and nonprofit 
                        organizations (including representatives of the 
                        agencies and organizations) that receive 
                        Federal assistance from a source other than the 
                        Department of Transportation to provide 
                        nonemergency transportation services; and
                            ``(iii) recipients of assistance under 
                        section 204 of title 23.
    ``(g) Scope of Planning Process.--
            ``(1) In general.--The goals and objectives developed 
        through the metropolitan planning process for a metropolitan 
        planning area under this section shall address, in relation to 
        the performance of the metropolitan area transportation 
        systems--
                    ``(A) supporting the economic vitality of the 
                metropolitan area, especially by enabling global 
                competitiveness, productivity, and efficiency, 
                including through services provided by public and 
                private operators;
                    ``(B) increasing the safety of the transportation 
                system for motorized and nonmotorized users;
                    ``(C) increasing the security of the transportation 
                system for motorized and nonmotorized users;
                    ``(D) increasing the accessibility and mobility of 
                people and for freight, including through services 
                provided by public and private operators;
                    ``(E) protecting and enhancing the environment 
                (including the protection of habitat, water quality, 
                and agricultural and forest land, while minimizing 
                invasive species), promoting energy conservation, and 
                promoting consistency between transportation 
                improvements and State and local land use planning and 
                economic development patterns (including minimizing 
                adverse health effects from mobile source air pollution 
                and promoting the linkage of the transportation and 
                development goals of the metropolitan area);
                    ``(F) enhancing the integration and connectivity of 
                the transportation system, across and between modes, 
                for people and freight, including through services 
                provided by public and private operators;
                    ``(G) promoting efficient system management and 
                operation; and
                    ``(H) emphasizing the preservation and efficient 
                use of the existing transportation system, including 
                services provided by public and private operators.
            ``(2) Selection of factors.--After soliciting and 
        considering any relevant public comments, the metropolitan 
        planning organization shall determine which of the factors 
        described in paragraph (1) are most appropriate to consider.
            ``(3) Failure to consider factors.--The failure to consider 
        any factor specified in paragraph (1) shall not be reviewable 
        by any court under title 23, this title, subchapter II of 
        chapter 5 of title 5, or chapter 7 of title 5 in any matter 
        affecting a transportation plan, a transportation improvement 
        plan, a project or strategy, or the certification of a planning 
        process.
    ``(h) Development of Transportation Plan.--
            ``(1) In general.--
                    ``(A) Requirement.--Each metropolitan planning 
                organization shall develop a transportation plan for 
                its metropolitan planning area in accordance with this 
                subsection, and update such plan--
                            ``(i) not less frequently than once every 4 
                        years in areas designated as nonattainment, as 
                        defined in section 107(d) of the Clean Air Act 
                        (42 U.S.C. 7407(d)), and in areas that were 
                        nonattainment that have been redesignated as 
                        attainment, in accordance with paragraph (3) of 
                        such section, with a maintenance plan under 
                        section 175A of the Clean Air Act (42 U.S.C. 
                        7505a); or
                            ``(ii) not less frequently than once every 
                        5 years in areas designated as attainment, as 
                        defined in section 107(d) of the Clean Air Act.
                    ``(B) Coordination factors.--In developing the 
                transportation plan under this section, each 
                metropolitan planning organization shall consider the 
                factors described in subsection (f) over a 20-year 
                forecast period.
                    ``(C) Financial estimates.--For the purpose of 
                developing the transportation plan, the metropolitan 
                planning organization, transit operator, and State 
                shall cooperatively develop estimates of funds that 
                will be available to support plan implementation.
            ``(2) Mitigation activities.--
                    ``(A) In general.--A transportation plan under this 
                subsection shall include a discussion of--
                            ``(i) types of potential habitat, 
                        hydrological, and environmental mitigation 
                        activities that may assist in compensating for 
                        loss of habitat, wetland, and other 
                        environmental functions; and
                            ``(ii) potential areas to carry out these 
                        activities, including a discussion of areas 
                        that may have the greatest potential to restore 
                        and maintain the habitat types and hydrological 
                        or environmental functions affected by the 
                        plan.
                    ``(B) Consultation.--The discussion described in 
                subparagraph (A) shall be developed in consultation 
                with Federal and State tribal wildlife, land 
                management, and regulatory agencies.
            ``(3) Contents.-- A transportation plan under this 
        subsection shall be in a form that the Secretary determines to 
        be appropriate and shall contain--
                    ``(A) an identification of transportation 
                facilities, including major roadways, transit, 
                multimodal and intermodal facilities, intermodal 
                connectors, and other relevant facilities identified by 
                the metropolitan planning organization, which should 
                function as an integrated metropolitan transportation 
                system, emphasizing those facilities that serve 
                important national and regional transportation 
                functions;
                    ``(B) a financial plan that--
                            ``(i) demonstrates how the adopted 
                        transportation plan can be implemented;
                            ``(ii) indicates resources from public and 
                        private sources that are reasonably expected to 
                        be made available to carry out the plan;
                            ``(iii) recommends any additional financing 
                        strategies for needed projects and programs; 
                        and
                            ``(iv) may include, for illustrative 
                        purposes, additional projects that would be 
                        included in the adopted transportation plan if 
                        approved by the Secretary and reasonable 
                        additional resources beyond those identified in 
                        the financial plan were available;
                    ``(C) operational and management strategies to 
                improve the performance of existing transportation 
                facilities to relieve vehicular congestion and maximize 
                the safety and mobility of people and goods;
                    ``(D) capital investment and other strategies to 
                preserve the existing metropolitan transportation 
                infrastructure and provide for multimodal capacity 
                increases based on regional priorities and needs; and
                    ``(E) proposed transportation and transit 
                enhancement activities.
            ``(4) Consultation.--
                    ``(A) In general.--In each metropolitan area, the 
                metropolitan planning organization shall consult, as 
                appropriate, with State and local agencies responsible 
                for land use management, natural resources, 
                environmental protection, conservation, and historic 
                preservation concerning the development of a long-range 
                transportation plan.
                    ``(B) Issues.--The consultation shall involve--
                            ``(i) comparison of transportation plans 
                        with State conservation plans or with maps, if 
                        available;
                            ``(ii) comparison of transportation plans 
                        to inventories of natural or historic 
                        resources, if available; or
                            ``(iii) consideration of areas where 
                        wildlife crossing structures may be needed to 
                        ensure connectivity between wildlife habitat 
                        linkage areas.
            ``(5) Coordination with clean air act agencies.--In 
        metropolitan areas in nonattainment for ozone or carbon 
        monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.), the 
        metropolitan planning organization shall coordinate the 
        development of a transportation plan with the process for 
        development of the transportation control measures of the State 
        implementation plan required by the Clean Air Act.
            ``(6) Approval of the transportation plan.--Each 
        transportation plan prepared by a metropolitan planning 
        organization shall be--
                    ``(A) approved by the metropolitan planning 
                organization; and
                    ``(B) submitted to the Governor for information 
                purposes at such time and in such manner as the 
                Secretary may reasonably require.
    ``(i) Participation by Interested Parties.--
            ``(1) Development of participation plan.--Not less 
        frequently than every 4 years, each metropolitan planning 
        organization shall develop and adopt a plan for participation 
        in the process for developing the metropolitan transportation 
        plan and programs by--
                    ``(A) citizens;
                    ``(B) affected public agencies;
                    ``(C) representatives of public transportation 
                employees;
                    ``(D) freight shippers;
                    ``(E) providers of freight transportation services;
                    ``(F) private providers of transportation;
                    ``(G) representatives of users of public transit;
                    ``(H) representatives of users of pedestrian 
                walkways and bicycle transportation facilities; and
                    ``(I) other interested parties.
            ``(2) Contents of participation plan.--The participation 
        plan--
                    ``(A) shall be developed in a manner the Secretary 
                determines to be appropriate;
                    ``(B) shall be developed in consultation with all 
                interested parties; and
                    ``(C) shall provide that all interested parties 
                have reasonable opportunities to comment on--
                            ``(i) the process for developing the 
                        transportation plan; and
                            ``(ii) the contents of the transportation 
                        plan.
            ``(3) Methods.--The participation plan shall provide that 
        the metropolitan planning organization shall, to the maximum 
        extent practicable--
                    ``(A) hold any public meetings at convenient and 
                accessible locations and times;
                    ``(B) employ visualization techniques to describe 
                plans; and
                    ``(C) make public information available in 
                electronically accessible format and means, such as the 
                World Wide Web.
            ``(4) Certification.--Before the metropolitan planning 
        organizations approve a transportation plan or program, each 
        metropolitan planning organization shall certify that it has 
        complied with the requirements of the participation plan it has 
        adopted.
    ``(j) Transportation Improvement Program.--
            ``(1) Development and update.--
                    ``(A) In general.--In cooperation with the State 
                and affected operators of public transportation, a 
                metropolitan planning organization designated for a 
                metropolitan planning area shall develop a 
                transportation improvement program for the area.
                    ``(B) Participation.--In developing the 
                transportation improvement program, the metropolitan 
                planning organization, in cooperation with the Governor 
                and any affected operator of public transportation, 
                shall provide an opportunity for participation by 
                interested parties in the development of the program, 
                in accordance with subsection (i).
                    ``(C) Updates.--The transportation improvement 
                program shall be updated not less than once every 4 
                years and shall be approved by the metropolitan 
                planning organization and the Governor.
                    ``(D) Funding estimate.--In developing the 
                transportation improvement program, the metropolitan 
                planning organization, operators of public 
                transportation, and the State shall cooperatively 
                develop estimates of funds that are reasonably expected 
                to be available to support program implementation.
                    ``(E) Project advancement.--Projects listed in the 
                transportation improvement program may be selected for 
                advancement consistent with the project selection 
                requirements.
                    ``(F) Major amendments.--Major amendments to the 
                list described in subparagraph (E), including the 
                addition, deletion, or concept and scope change of a 
                regionally significant project, may not be advanced 
                without--
                            ``(i) appropriate public involvement;
                            ``(ii) financial planning;
                            ``(iii) transportation conformity analyses; 
                        and
                            ``(iv) a finding by the Federal Highway 
                        Administration and Federal Transit 
                        Administration that the amended plan was 
                        produced in a manner consistent with this 
                        section.
            ``(2) Included projects.--
                    ``(A) Projects under chapter 1 of title 23 and this 
                chapter.--A transportation improvement program 
                developed under this section for a metropolitan area 
                shall include the projects and strategies within the 
                metropolitan area that are proposed for funding under 
                chapter 1 of title 23 and this chapter.
                    ``(B) Projects under chapter 2 of title 23.--
                            ``(i) Regionally significant projects.--
                        Regionally significant projects proposed for 
                        funding under chapter 2 of title 23 shall be 
                        identified individually in the metropolitan 
                        transportation improvement program.
                            ``(ii) Other projects.--Projects proposed 
                        for funding under chapter 2 of title 23 that 
                        are not regionally significant shall be grouped 
                        in 1 line item or identified individually in 
                        the metropolitan transportation improvement 
                        program.
            ``(3) Selection of projects.--
                    ``(A) In general.--Except as otherwise provided 
                under subsection (k)(4), the selection of federally 
                funded projects in metropolitan planning areas shall be 
                carried out, from the approved transportation plan--
                            ``(i) by the State, in the case of projects 
                        under chapter 1 of title 23 or section 5308, 
                        5310, 5311, or 5317 of this title;
                            ``(ii) by the designated recipient, in the 
                        case of projects under section 5307; and
                            ``(iii) in cooperation with the 
                        metropolitan planning organization.
                    ``(B) Modifications to project priority.--
                Notwithstanding any other provision of law, a project 
                may be advanced from the transportation improvement 
                program in place of another project in the same 
                transportation improvement program without the approval 
                of the Secretary.
            ``(4) Publication requirements.--
                    ``(A) Publication of transportation improvement 
                program.--A transportation improvement program 
                involving Federal participation shall be published or 
                otherwise made readily available by the metropolitan 
                planning organization for public review, including, to 
                the maximum extent practicable, in electronically 
                accessible formats and means, such as the World Wide 
                Web.
                    ``(B) Publication of annual listings of projects.--
                An annual listing of projects, including investments in 
                pedestrian walkways and bicycle transportation 
                facilities, for which Federal funds have been obligated 
                in the preceding 4 years shall be published or 
                otherwise made available for public review by the 
                cooperative effort of the State, transit operator, and 
                the metropolitan planning organization. This listing 
                shall be consistent with the funding categories 
                identified in the transportation improvement program.
                    ``(C) Rulemaking.--Not later than 120 days after 
                the date of enactment of the Federal Public 
                Transportation Act of 2005, the Secretary shall issue 
                regulations specifying--
                            ``(i) the types of data to be included in 
                        the list described in subparagraph (B), 
                        including--
                                    ``(I) the name, type, purpose, and 
                                geocoded location of each project;
                                    ``(II) the Federal, State, and 
                                local identification numbers assigned 
                                to each project;
                                    ``(III) amounts obligated and 
                                expended on each project, sorted by 
                                funding source and transportation mode, 
                                and the date on which each obligation 
                                was made; and
                                    ``(IV) the status of each project; 
                                and
                            ``(ii) the media through which the list 
                        described in subparagraph (B) will be made 
                        available to the public, including written and 
                        visual components for each of the projects 
                        listed.
    ``(k) Transportation Management Areas.--
            ``(1) Required identification.--The Secretary shall 
        identify each urbanized area with a population of more than 
        200,000 individuals as a transportation management area.
            ``(2) Transportation plans and programs.--Transportation 
        plans and programs for a metropolitan planning area serving a 
        transportation management area shall be based on a continuing 
        and comprehensive transportation planning process carried out 
        by the metropolitan planning organization in cooperation with 
        the State and transit operators.
            ``(3) Congestion management system.--
                    ``(A) In general.--The transportation planning 
                process under this section shall address congestion 
                management through a process that provides for 
                effective management and operation, based on a 
                cooperatively developed and implemented metropolitan-
                wide strategy, of new and existing transportation 
                facilities eligible for funding under title 23 and this 
                chapter through the use of travel demand reduction and 
                operational management strategies.
                    ``(B) Phase-in schedule.--The Secretary shall 
                establish a phase-in schedule that provides for full 
                compliance with the requirements of this section not 
                later than 1 year after the identification of 
                transportation management areas under paragraph (1).
            ``(4) Selection of projects.--
                    ``(A) In general.--All federally funded projects 
                carried out within the boundaries of a metropolitan 
                planning area serving a transportation management area 
                under title 23 (except for projects carried out on the 
                National Highway System and projects carried out under 
                the bridge program or the interstate maintenance 
                program) or under this chapter shall be selected for 
                implementation from the approved transportation 
                improvement program by the metropolitan planning 
                organization designated for the area in consultation 
                with the State and any affected public transit 
                operator.
                    ``(B) National highway system projects.--Projects 
                on the National Highway System carried out within the 
                boundaries of a metropolitan planning area serving a 
                transportation management area and projects carried out 
                within such boundaries under the bridge program or the 
                interstate maintenance program under title 23 shall be 
                selected for implementation from the approved 
                transportation improvement program by the State in 
                cooperation with the metropolitan planning organization 
                designated for the area.
            ``(5) Certification.--
                    ``(A) In general.--The Secretary shall--
                            ``(i) ensure that the metropolitan planning 
                        process of a metropolitan planning organization 
                        serving a transportation management area is 
                        being carried out in accordance with Federal 
                        law; and
                            ``(ii) subject to subparagraph (B), 
                        certify, not less frequently than once every 4 
                        years in nonattainment and maintenance areas 
                        (as defined under the Clean Air Act) and not 
                        less frequently than once every 5 years in 
                        attainment areas (as defined under such Act), 
                        that the requirements of this paragraph are met 
                        with respect to the metropolitan planning 
                        process.
                    ``(B) Requirements for certification.--The 
                Secretary may make the certification under subparagraph 
                (A) if--
                            ``(i) the transportation planning process 
                        complies with the requirements of this section 
                        and all other applicable Federal law; and
                            ``(ii) a transportation plan and a 
                        transportation improvement program for the 
                        metropolitan planning area have been approved 
                        by the metropolitan planning organization and 
                        the Governor.
                    ``(C) Penalty for failing to certify.--
                            ``(i) Withholding project funds.--If the 
                        metropolitan planning process of a metropolitan 
                        planning organization serving a transportation 
                        management area is not certified, the Secretary 
                        may withhold any funds otherwise available to 
                        the metropolitan planning area for projects 
                        funded under title 23 and this chapter.
                            ``(ii) Restoration of withheld funds.--Any 
                        funds withheld under clause (i) shall be 
                        restored to the metropolitan planning area when 
                        the metropolitan planning process is certified 
                        by the Secretary.
                    ``(D) Review of certification.--In making a 
                certification under this paragraph, the Secretary shall 
                provide for public involvement appropriate to the 
                metropolitan area under review.
    ``(l) Abbreviated Plans for Certain Areas.--
            ``(1) In general.--Subject to paragraph (2), in the case of 
        a metropolitan area not designated as a transportation 
        management area under this section, the Secretary may provide 
        for the development of an abbreviated transportation plan and 
        transportation improvement program for the metropolitan 
        planning area that the Secretary determines is appropriate to 
        achieve the purposes of this section, after considering the 
        complexity of transportation problems in the area.
            ``(2) Nonattainment areas.--The Secretary may not permit 
        abbreviated plans for a metropolitan area that is in 
        nonattainment for ozone or carbon monoxide under the Clean Air 
        Act (42 U.S.C. 7401 et seq.).
    ``(m) Additional Requirements for Certain Nonattainment Areas.--
            ``(1) In general.--Notwithstanding any other provisions of 
        title 23 or this chapter, Federal funds may not be advanced for 
        transportation management areas classified as nonattainment for 
        ozone or carbon monoxide pursuant to the Clean Air Act (42 
        U.S.C. 7401 et seq.) for any highway project that will result 
        in a significant increase in carrying capacity for single-
        occupant vehicles unless the project is addressed through a 
        congestion management process.
            ``(2) Applicability.--This subsection applies to any 
        nonattainment area within the metropolitan planning area 
        boundaries determined under subsection (d).
    ``(n) Limitation on Statutory Construction.--Nothing in this 
section shall be construed to confer on a metropolitan planning 
organization the authority to impose legal requirements on any 
transportation facility, provider, or project that is not eligible 
under title 23 or this chapter.
    ``(o) Availability of Funds.--Funds set aside under section 104(f) 
of title 23 or section 5308 of this title shall be available to carry 
out this section.
    ``(p) Continuation of Current Review Practice.--Any decision by the 
Secretary concerning a plan or program described in this section shall 
not be considered to be a Federal action subject to review under the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).''.

SEC. 6. STATEWIDE TRANSPORTATION PLANNING.

    Section 5304 is amended to read as follows:
``Sec. 5304. Statewide transportation planning
    ``(a) General Requirements.--
            ``(1) Development of plans and programs.--To support the 
        policies described in section 5301(a), each State shall develop 
        a statewide transportation plan (referred to in this section as 
        a ``Plan'') and a statewide transportation improvement program 
        (referred to in this section as a ``Program'') for all areas of 
        the State subject to section 5303.
            ``(2) Contents.--The Plan and the Program developed for 
        each State shall provide for the development and integrated 
        management and operation of transportation systems and 
        facilities (including pedestrian walkways and bicycle 
        transportation facilities) that will function as an intermodal 
        transportation system for the State and an integral part of an 
        intermodal transportation system for the United States.
            ``(3) Process of development.--The process for developing 
        the Plan and the Program shall--
                    ``(A) provide for the consideration of all modes of 
                transportation and the policies described in section 
                5301(a); and
                    ``(B) be continuing, cooperative, and comprehensive 
                to the degree appropriate, based on the complexity of 
                the transportation problems to be addressed.
    ``(b) Coordination With Metropolitan Planning; State Implementation 
Plan.--Each State shall--
            ``(1) coordinate planning under this section with--
                    ``(A) the transportation planning activities under 
                section 5303 for metropolitan areas of the State; and
                    ``(B) other related statewide planning activities, 
                including trade and economic development and related 
                multistate planning efforts; and
            ``(2) develop the transportation portion of the State 
        implementation plan, as required by the Clean Air Act (42 
        U.S.C. 7401 et seq.).
    ``(c) Interstate Agreements.--States may enter into agreements or 
compacts with other States for cooperative efforts and mutual 
assistance in support of activities authorized under this section 
related to interstate areas and localities in the States and 
establishing authorities the States consider desirable for making the 
agreements and compacts effective.
    ``(d) Scope of Planning Process.--
            ``(1) In general.--Each State shall carry out a statewide 
        transportation planning process that provides for the 
        consideration of projects, strategies, and implementing 
        projects and services that will--
                    ``(A) support the economic vitality of the United 
                States, the States, nonmetropolitan areas, and 
                metropolitan areas, especially by enabling global 
                competitiveness, productivity, and efficiency;
                    ``(B) increase the safety of the transportation 
                system for motorized and nonmotorized users;
                    ``(C) increase the security of the transportation 
                system for motorized and nonmotorized users;
                    ``(D) increase the accessibility and mobility of 
                people and freight;
                    ``(E) protect and enhance the environment 
                (including the protection of habitat, water quality, 
                and agricultural and forest land, while minimizing 
                invasive species), promote energy conservation, promote 
                consistency between transportation improvements and 
                State and local land use planning and economic 
                development patterns, and improve the quality of life 
                (including minimizing adverse health effects from 
                mobile source air pollution and promoting the linkage 
                of the transportation and development goals of the 
                State);
                    ``(F) enhance the integration and connectivity of 
                the transportation system, across and between modes 
                throughout the State, for people and freight;
                    ``(G) promote efficient system management and 
                operation; and
                    ``(H) emphasize the preservation and efficient use 
                of the existing transportation system.
            ``(2) Selection of projects and strategies.--After 
        soliciting and considering any relevant public comments, the 
        State shall determine which of the projects and strategies 
        described in paragraph (1) are most appropriate.
            ``(3) Mitigation activities.--
                    ``(A) In general.--A transportation plan under this 
                subsection shall include a discussion of--
                            ``(i) types of potential habitat, 
                        hydrological, and environmental mitigation 
                        activities that may assist in compensating for 
                        loss of habitat, wetland, and other 
                        environmental functions; and
                            ``(ii) potential areas to carry out these 
                        activities, including a discussion of areas 
                        that may have the greatest potential to restore 
                        and maintain the habitat types and hydrological 
                        or environmental functions affected by the 
                        plan.
                    ``(B) Consultation.--The discussion described in 
                subparagraph (A) shall be developed in consultation 
                with Federal and State tribal wildlife, land 
                management, and regulatory agencies.
            ``(4) Failure to consider factors.--The failure to consider 
        any factor described in paragraph (1) shall not be reviewable 
        by any court under title 23, this title, subchapter II of 
        chapter 5 of title 5, or chapter 7 of title 5 in any matter 
        affecting a Plan, a Program, a project or strategy, or the 
        certification of a planning process.
    ``(e) Additional Requirements.--In carrying out planning under this 
section, each State shall consider--
            ``(1) with respect to nonmetropolitan areas, the concerns 
        of affected local officials with responsibility for 
        transportation;
            ``(2) the concerns of Indian tribal governments and Federal 
        land management agencies that have jurisdiction over land 
        within the boundaries of the State; and
            ``(3) coordination of Plans, Programs, and planning 
        activities with related planning activities being carried out 
        outside of metropolitan planning areas and between States.
    ``(f) Statewide Transportation Plan.--
            ``(1) Development.--Each State shall develop a Plan, with a 
        minimum 20-year forecast period for all areas of the State, 
        that provides for the development and implementation of the 
        intermodal transportation system of the State.
            ``(2) Consultation with governments.--
                    ``(A) Metropolitan planning areas.--The Plan shall 
                be developed for each metropolitan planning area in the 
                State in cooperation with the metropolitan planning 
                organization designated for the metropolitan planning 
                area under section 5303.
                    ``(B) Nonmetropolitan areas.--With respect to 
                nonmetropolitan areas, the statewide transportation 
                plan shall be developed in consultation with affected 
                nonmetropolitan officials with responsibility for 
                transportation. The consultation process shall not 
                require the review or approval of the Secretary.
                    ``(C) Indian tribal areas.--With respect to each 
                area of the State under the jurisdiction of an Indian 
                tribal government, the Plan shall be developed in 
                consultation with the tribal government and the 
                Secretary of the Interior.
                    ``(D) Consultation, comparison, and 
                consideration.--
                            ``(i) In general.--The Plan shall be 
                        developed, as appropriate, in consultation with 
                        State and local agencies responsible for--
                                    ``(I) land use management;
                                    ``(II) natural resources;
                                    ``(III) environmental protection;
                                    ``(IV) conservation; and
                                    ``(V) historic preservation.
                            ``(ii) Comparison and consideration.--
                        Consultation under clause (i) shall involve--
                                    ``(I) comparison of transportation 
                                plans to State conservation plans or 
                                maps, if available;
                                    ``(II) comparison of transportation 
                                plans to inventories of natural or 
                                historic resources, if available; or
                                    ``(III) consideration of areas 
                                where wildlife crossing structures may 
                                be needed to ensure connectivity 
                                between wildlife habitat linkage areas.
            ``(3) Participation by interested parties.--In developing 
        the Plan, the State shall--
                    ``(A) provide citizens, affected public agencies, 
                representatives of public transportation employees, 
                freight shippers, private providers of transportation, 
                representatives of users of public transportation, 
                representatives of users of pedestrian walkways and 
                bicycle transportation facilities, providers of freight 
                transportation services, and other interested parties 
                with a reasonable opportunity to comment on the 
                proposed Plan; and
                    ``(B) to the maximum extent practicable--
                            ``(i) hold any public meetings at 
                        convenient and accessible locations and times;
                            ``(ii) employ visualization techniques to 
                        describe plans; and
                            ``(iii) make public information available 
                        in electronically accessible format and means, 
                        such as the World Wide Web.
            ``(4) Mitigation activities.--
                    ``(A) In general.--A Plan shall include a 
                discussion of--
                            ``(i) types of potential habitat, 
                        hydrological, and environmental mitigation 
                        activities that may assist in compensating for 
                        loss of habitat, wetlands, and other 
                        environmental functions; and
                            ``(ii) potential areas to carry out these 
                        activities, including a discussion of areas 
                        that may have the greatest potential to restore 
                        and maintain the habitat types and hydrological 
                        or environmental functions affected by the 
                        plan.
                    ``(B) Consultation.--The discussion described in 
                subparagraph (A) shall be developed in consultation 
                with Federal and State tribal wildlife, land 
                management, and regulatory agencies.
            ``(5) Transportation strategies.--A Plan shall identify 
        transportation strategies necessary to efficiently serve the 
        mobility needs of people.
            ``(6) Financial plan.--The Plan may include a financial 
        plan that--
                    ``(A) demonstrates how the adopted Plan can be 
                implemented;
                    ``(B) indicates resources from public and private 
                sources that are reasonably expected to be made 
                available to carry out the Plan;
                    ``(C) recommends any additional financing 
                strategies for needed projects and programs; and
                    ``(D) may include, for illustrative purposes, 
                additional projects that would be included in the 
                adopted Plan if reasonable additional resources beyond 
                those identified in the financial plan were available.
            ``(7) Selection of projects from illustrative list.--A 
        State shall not be required to select any project from the 
        illustrative list of additional projects described in paragraph 
        (6)(D).
            ``(8) Existing system.--The Plan should include capital, 
        operations and management strategies, investments, procedures, 
        and other measures to ensure the preservation and most 
        efficient use of the existing transportation system.
            ``(9) Publication of long-range transportation plans.--Each 
        Plan prepared by a State shall be published or otherwise made 
        available, including, to the maximum extent practicable, in 
        electronically accessible formats and means, such as the World 
        Wide Web.
    ``(g) Statewide Transportation Improvement Program.--
            ``(1) Development.--Each State shall develop a Program for 
        all areas of the State.
            ``(2) Consultation with governments.--
                    ``(A) Metropolitan planning areas.--With respect to 
                each metropolitan planning area in the State, the 
                Program shall be developed in cooperation with the 
                metropolitan planning organization designated for the 
                metropolitan planning area under section 5303.
                    ``(B) Nonmetropolitan areas.--With respect to each 
                nonmetropolitan area in the State, the Program shall be 
                developed in consultation with affected nonmetropolitan 
                local officials with responsibility for transportation. 
                The consultation process shall not require the review 
                or approval of the Secretary.
                    ``(C) Indian tribal areas.--With respect to each 
                area of the State under the jurisdiction of an Indian 
                tribal government, the Program shall be developed in 
                consultation with the tribal government and the 
                Secretary of the Interior.
            ``(3) Participation by interested parties.--In developing 
        the Program, the State shall provide citizens, affected public 
        agencies, representatives of public transportation employees, 
        freight shippers, private providers of transportation, 
        providers of freight transportation services, representatives 
        of users of public transit, representatives of users of 
        pedestrian walkways and bicycle transportation facilities, and 
        other interested parties with a reasonable opportunity to 
        comment on the proposed Program.
            ``(4) Included projects.--
                    ``(A) In general.--A Program developed under this 
                subsection for a State shall include federally 
                supported surface transportation expenditures within 
                the boundaries of the State.
                    ``(B) Listing of projects.--
                            ``(i) In general.--The Program shall cover 
                        a minimum of 4 years, identify projects by 
                        year, be fiscally constrained by year, and be 
                        updated not less than once every 4 years.
                            ``(ii) Publication.--An annual listing of 
                        projects for which funds have been obligated in 
                        the preceding 4 years in each metropolitan 
                        planning area shall be published or otherwise 
                        made available by the cooperative effort of the 
                        State, transit operator, and the metropolitan 
                        planning organization for public review. The 
                        listing shall be consistent with the funding 
                        categories identified in each metropolitan 
                        transportation improvement program.
            ``(C) Individual identification.--
                            ``(i) Regionally significant projects.--
                        Regionally significant projects proposed for 
                        funding under chapter 2 of title 23 shall be 
                        identified individually in the transportation 
                        improvement program.
                            ``(ii) Other projects.--Projects proposed 
                        for funding under chapter 2 of title 23 that 
                        are not determined to be regionally significant 
                        shall be grouped in 1 line item or identified 
                        individually.
                    ``(D) Consistency with statewide transportation 
                plan.--Each project included in the list described in 
                subparagraph (B) shall be--
                            ``(i) consistent with the Plan developed 
                        under this section for the State;
                            ``(ii) identical to the project or phase of 
                        the project as described in each year of the 
                        approved metropolitan transportation 
                        improvement program; and
                            ``(iii) in conformance with the applicable 
                        State air quality implementation plan developed 
                        under the Clean Air Act (42 U.S.C. 7401 et 
                        seq.), if the project is carried out in an area 
                        designated as nonattainment for ozone or carbon 
                        monoxide under that Act.
                    ``(E) Requirement of anticipated full funding.--The 
                Program shall not include a project, or an identified 
                phase of a project, unless full funding can reasonably 
                be anticipated to be available for the project within 
                the time period contemplated for completion of the 
                project.
                    ``(F) Financial plan.--The Program may include a 
                financial plan that--
                            ``(i) demonstrates how the approved Program 
                        can be implemented;
                            ``(ii) indicates resources from public and 
                        private sources that are reasonably expected to 
                        be made available to carry out the Program;
                            ``(iii) recommends any additional financing 
                        strategies for needed projects and programs; 
                        and
                            ``(iv) may include, for illustrative 
                        purposes, additional projects that would be 
                        included in the adopted transportation plan if 
                        reasonable additional resources beyond those 
                        identified in the financial plan were 
                        available.
                    ``(G) Selection of projects from illustrative 
                list.--
                            ``(i) No required selection.--
                        Notwithstanding subparagraph (F), a State shall 
                        not be required to select any project from the 
                        illustrative list of additional projects 
                        described in subparagraph (F)(iv).
                            ``(ii) Required approval by the 
                        secretary.--A State shall not include any 
                        project from the illustrative list of 
                        additional projects described in subparagraph 
                        (F)(iv) in an approved Program without the 
                        approval of the Secretary.
                    ``(H) Priorities.--The Program shall reflect the 
                priorities for programming and expenditures of funds, 
                including transportation and transit enhancement 
                activities, required by title 23 and this chapter, and 
                transportation control measures included in the State's 
                air quality implementation plan.
            ``(5) Project selection for areas with fewer than 50,000 
        individuals.--
                    ``(A) In general.--Each State, in cooperation with 
                the affected nonmetropolitan local officials with 
                responsibility for transportation, shall select 
                projects to be carried out in areas with fewer than 
                50,000 individuals from the approved Program (excluding 
                projects carried out under the National Highway System, 
                the bridge program, or the interstate maintenance 
                program under title 23 or sections 5310 and 5311 of 
                this title).
                    ``(B) Certain programs.--Each State, in 
                consultation with the affected nonmetropolitan local 
                officials with responsibility for transportation, shall 
                select, from the approved Program, projects to be 
                carried out in areas with fewer than 50,000 individuals 
                under the National Highway System, the bridge program, 
                or the Interstate maintenance program under title 23 or 
                under sections 5310 and 5311 of this title.
            ``(6) Statewide transportation improvement program 
        approval.--A Program developed under this subsection shall be 
        reviewed and based on a current planning finding approved by 
        the Secretary not less frequently than once every 4 years.
            ``(7) Planning finding.--Not less frequently than once 
        every 4 years, the Secretary shall determine whether the 
        transportation planning process through which Plans and 
        Programs are developed are consistent with this section and 
        section 5303.
            ``(8) Modifications to project priority.--Notwithstanding 
        any other provision of law, a project included in the approved 
        Program may be advanced in place of another project in the 
        program without the approval of the Secretary.
    ``(h) Funding.--Funds set aside pursuant to section 104(i) of title 
23 and section 5308 of this title shall be available to carry out this 
section.
    ``(i) Treatment of Certain State Laws as Congestion Management 
Systems.--For purposes of this section and section 5303, State laws, 
rules, or regulations pertaining to congestion management systems or 
programs may constitute the congestion management system under section 
5303(i)(3) if the Secretary determines that the State laws, rules, or 
regulations are consistent with, and fulfill the intent of, the 
purposes of section 5303.
    ``(j) Continuation of Current Review Practice.--Any decision by the 
Secretary under this section, regarding a metropolitan or statewide 
transportation plan or the Program, shall not be considered to be a 
Federal action subject to review under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.).''.

SEC. 7. TRANSPORTATION MANAGEMENT AREAS.

    Section 5305 is repealed.

SEC. 8. PRIVATE ENTERPRISE PARTICIPATION.

    Section 5306 is amended--
            (1) in subsection (a)--
                    (A) by striking ``5305 of this title'' and 
                inserting ``5308''; and
                    (B) by inserting ``, as determined by local 
                policies, criteria, and decision making,'' after 
                ``feasible'';
            (2) in subsection (b) by striking ``5303-5305 of this 
        title'' and inserting ``5303, 5304, and 5308''; and
            (3) by adding at the end the following:
    ``(c) Regulations.--Not later than 1 year after the date of 
enactment of the Federal Public Transportation Act of 2005, the 
Secretary shall issue regulations describing how the requirements under 
this chapter relating to subsection (a) shall be enforced.''.

SEC. 9. URBANIZED AREA FORMULA GRANTS.

    (a) Technical Amendments.--Section 5307 is amended--
            (1) by striking subsections (h), (j) and (k); and
            (2) by redesignating subsections (i), (l), (m), and (n) as 
        subsections (h), (i), (j), and (k), respectively.
    (b) Definitions.--Section 5307(a) is amended--
            (1) by amending paragraph (2)(A) to read as follows:
                    ``(A) an entity designated, in accordance with the 
                planning process under sections 5303, 5304, and 5306, 
                by the chief executive officer of a State, responsible 
                local officials, and publicly owned operators of public 
                transportation, to receive and apportion amounts under 
                section 5336 that are attributable to transportation 
                management areas designated under section 5303; or''; 
                and
            (2) by adding at the end the following:
            ``(3) Subrecipient.--The term `subrecipient' means a State 
        or local governmental authority, a nonprofit organization, or a 
        private operator of public transportation service that may 
        receive a Federal transit program grant indirectly through a 
        recipient, rather than directly from the Federal Government.''.
    (c) General Authority.--Section 5307(b) is amended--
            (1) by amending paragraph (1) to read as follows:
            ``(1) In general.--The Secretary of Transportation may 
        award grants under this section for--
                    ``(A) capital projects, including associated 
                capital maintenance items;
                    ``(B) planning, including mobility management;
                    ``(C) transit enhancements;
                    ``(D) operating costs of equipment and facilities 
                for use in public transportation in an urbanized area 
                with a population of less than 200,000; and
                    ``(E) operating costs of equipment and facilities 
                for use in public transportation in a portion or 
                portions of an urbanized area with a population of at 
                least 200,000, but not more than 225,000, if--
                            ``(i) the urbanized area includes parts of 
                        more than 1 State;
                            ``(ii) the portion of the urbanized area 
                        includes only 1 State;
                            ``(iii) the population of the portion of 
                        the urbanized area is less than 30,000; and
                            ``(iv) the grants will not be used to 
                        provide public transportation outside of the 
                        portion of the urbanized area.'';
            (2) by amending paragraph (2) to read as follows:
            ``(2) Special rule for fiscal years 2005 through 2007.--
                    ``(A) Increased flexibility.--The Secretary may 
                award grants under this section, from funds made 
                available to carry out this section for each of the 
                fiscal years 2005 through 2007, to finance the 
                operating cost of equipment and facilities for use in 
                mass transportation in an urbanized area with a 
                population of at least 200,000, as determined by the 
                2000 decennial census of population if--
                            ``(i) the urbanized area had a population 
                        of less than 200,000, as determined by the 1990 
                        decennial census of population;
                            ``(ii) a portion of the urbanized area was 
                        a separate urbanized area with a population of 
                        less than 200,000, as determined by the 1990 
                        decennial census of population;
                            ``(iii) the area was not designated as an 
                        urbanized area, as determined by the 1990 
                        decennial census of population; or
                            ``(iv) a portion of the area was not 
                        designated as an urbanized area, as determined 
                        by the 1990 decennial census, and received 
                        assistance under section 5311 in fiscal year 
                        2002.
                    ``(B) Maximum amounts in fiscal year 2005.--In 
                fiscal year 2005--
                            ``(i) amounts made available to any 
                        urbanized area under clause (i) or (ii) of 
                        subparagraph (A) shall be not more than the 
                        amount apportioned in fiscal year 2002 to the 
                        urbanized area with a population of less than 
                        200,000, as determined in the 1990 decennial 
                        census of population;
                            ``(ii) amounts made available to any 
                        urbanized area under subparagraph (A)(iii) 
                        shall be not more than the amount apportioned 
                        to the urbanized area under this section for 
                        fiscal year 2003; and
                            ``(iii) each portion of any area not 
                        designated as an urbanized area, as determined 
                        by the 1990 decennial census, and eligible to 
                        receive funds under subparagraph (A)(iv), shall 
                        receive an amount of funds to carry out this 
                        section that is not less than the amount the 
                        portion of the area received under section 5311 
                        for fiscal year 2002.
                    ``(C) Maximum amounts in fiscal year 2006.--In 
                fiscal year 2006--
                            ``(i) amounts made available to any 
                        urbanized area under clause (i) or (ii) of 
                        subparagraph (A) shall be not more than 50 
                        percent of the amount apportioned in fiscal 
                        year 2002 to the urbanized area with a 
                        population of less than 200,000, as determined 
                        in the 1990 decennial census of population;
                            ``(ii) amounts made available to any 
                        urbanized area under subparagraph (A)(iii) 
                        shall be not more than 50 percent of the amount 
                        apportioned to the urbanized area under this 
                        section for fiscal year 2003; and
                            ``(iii) each portion of any area not 
                        designated as an urbanized area, as determined 
                        by the 1990 decennial census, and eligible to 
                        receive funds under subparagraph (A)(iv), shall 
                        receive an amount of funds to carry out this 
                        section that is not less 50 percent of the 
                        amount the portion of the area received under 
                        section 5311 for fiscal year 2002.
                    ``(D) Maximum amounts in fiscal year 2007.--In 
                fiscal year 2007--
                            ``(i) amounts made available to any 
                        urbanized area under clause (i) or (ii) of 
                        subparagraph (A) shall be not more than 25 
                        percent of the amount apportioned in fiscal 
                        year 2002 to the urbanized area with a 
                        population of less than 200,000, as determined 
                        in the 1990 decennial census of population;
                            ``(ii) amounts made available to any 
                        urbanized area under subparagraph (A)(iii) 
                        shall be not more than 25 percent of the amount 
                        apportioned to the urbanized area under this 
                        section for fiscal year 2003; and
                            ``(iii) each portion of any area not 
                        designated as an urbanized area, as determined 
                        by the 1990 decennial census, and eligible to 
                        receive funds under subparagraph (A)(iv), shall 
                        receive an amount of funds to carry out this 
                        section that is not less than 25 percent of the 
                        amount the portion of the area received under 
                        section 5311 in fiscal year 2002.''; and
            (3) by striking paragraph (4).
    (d) Grant Recipient Requirements.--Section 5307(d)(1) is amended--
            (1) in subparagraph (A), by inserting ``, including safety 
        and security aspects of the program'' after ``program'';
            (2) in subparagraph (E), by striking ``section'' and all 
        that follows and inserting ``section, the recipient will comply 
        with sections 5323 and 5325;'';
            (3) in subparagraph (H), by striking ``sections 5301(a) and 
        (d), 5303-5306, and 5310(a)-(d) of this title'' and inserting 
        ``subsections (a) and (d) of section 5301 and sections 5303 
        through 5306'';
            (4) in subparagraph (I) by striking ``and'' at the end;
            (5) in subparagraph (J), by striking the period at the end 
        and inserting ``; and''; and
            (6) by adding at the end the following:
                    ``(K) if located in an urbanized area with a 
                population of at least 200,000, will expend not less 
                than 1 percent of the amount the recipient receives 
                each fiscal year under this section for transit 
                enhancement activities described in section 
                5302(a)(15).''.
    (e) Government's Share of Costs.--Section 5307(e) is amended--
            (1) by striking the first sentence and inserting the 
        following:
            ``(1) Capital projects.--A grant for a capital project 
        under this section shall cover 80 percent of the net project 
        cost.'';
            (2) by striking ``A grant for operating expenses'' and 
        inserting the following:
            ``(2) Operating expenses.--A grant for operating 
        expenses'';
            (3) by striking the fourth sentence and inserting the 
        following:
            ``(3) Remaining costs.--The remainder of the net project 
        cost shall be provided in cash from non-Federal sources or 
        revenues derived from the sale of advertising and concessions 
        and amounts received under a service agreement with a State or 
        local social service agency or a private social service 
        organization.''; and
            (4) by adding at the end the following: ``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 the remainder.''.
    (f) Undertaking Projects in Advance.--Section 5307(g) is amended by 
striking paragraph (4).
    (g) Relationship to Other Laws.--Section 5307(k), as redesignated, 
is amended to read as follows:
    ``(k) Relationship to Other Laws.--
            ``(1) Applicable provisions.--Sections 5301, 5302, 5303, 
        5304, 5306, 5315(c), 5318, 5319, 5323, 5325, 5327, 5329, 5330, 
        5331, 5332, 5333 and 5335 apply to this section and to any 
        grant made under this section.
            ``(2) Inapplicable provisions.--
                    ``(A) In general.--Except as provided under this 
                section, no other provision of this chapter applies to 
                this section or to a grant made under this section.
                    ``(B) Title 5.--The provision of assistance under 
                this chapter shall not be construed as bringing within 
                the application of chapter 15 of title 5, any 
                nonsupervisory employee of a public transportation 
                system (or any other agency or entity performing 
                related functions) to which such chapter is otherwise 
                inapplicable.''.

SEC. 10. PLANNING PROGRAMS.

    (a) In General.--Section 5308 is amended to read as follows:
``Sec. 5308. Planning programs
    ``(a) Grants Authorized.--Under criteria established by the 
Secretary, the Secretary may award grants to States, authorities of the 
States, metropolitan planning organizations, and local governmental 
authorities, make agreements with other departments, agencies, or 
instrumentalities of the Government, or enter into contracts with 
private nonprofit or for-profit entities to--
            ``(1) develop transportation plans and programs;
            ``(2) plan, engineer, design, and evaluate a public 
        transportation project; or
            ``(3) conduct technical studies relating to public 
        transportation, including--
                    ``(A) studies related to management, planning, 
                operations, capital requirements, and economic 
                feasibility;
                    ``(B) evaluations of previously financed projects;
                    ``(C) peer reviews and exchanges of technical data, 
                information, assistance, and related activities in 
                support of planning and environmental analyses among 
                metropolitan planning organizations and other 
                transportation planners; and
                    ``(D) other similar and related activities 
                preliminary to, and in preparation for, constructing, 
                acquiring, or improving the operation of facilities and 
                equipment.
    ``(b) Purpose.--To the extent practicable, the Secretary shall 
ensure that amounts appropriated pursuant to section 5338 to carry out 
this section and sections 5303, 5304, and 5306 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.
    ``(c) Metropolitan Planning Program.--
            ``(1) Allocations to States.--
                    ``(A) In general.--The Secretary shall allocate 80 
                percent of the amount made available under subsection 
                (g)(3)(A) to States to carry out sections 5303 and 5306 
                in a ratio equal to the population in urbanized areas 
                in each State, divided by the total population in 
                urbanized areas in all States, as shown by the latest 
                available decennial census of population.
                    ``(B) Minimum allocation.--Each State shall receive 
                not less than 0.5 percent of the total amount allocated 
                under this paragraph.
            ``(2) Availability of funds.--A State receiving an 
        allocation under paragraph (1) shall promptly distribute such 
        funds to metropolitan planning organizations in the State under 
        a formula--
                    ``(A) developed by the State in cooperation with 
                the metropolitan planning organizations;
                    ``(B) approved by the Secretary of Transportation;
                    ``(C) that considers population in urbanized areas; 
                and
                    ``(D) that provides an appropriate distribution for 
                urbanized areas to carry out the cooperative processes 
                described in this section.
            ``(3) Supplemental allocations.--
                    ``(A) In general.--The Secretary shall allocate 20 
                percent of the amount made available under subsection 
                (g)(3)(A) to States to supplement allocations made 
                under paragraph (1) for metropolitan planning 
                organizations.
                    ``(B) Allocation formula.--Amounts under this 
                paragraph shall be allocated under a formula that 
                reflects the additional cost of carrying out planning, 
                programming, and project selection responsibilities in 
                complex metropolitan planning areas under sections 
                5303, 5304, and 5306.
    ``(d) State Planning and Research Program.--
            ``(1) In general.--The Secretary shall allocate amounts 
        made available pursuant to subsection (g)(3)(B) to States for 
        grants and contracts to carry out sections 5304, 5306, 5315, 
        and 5322 so that each State receives an amount equal to the 
        ratio of the population in urbanized areas in that State, 
        divided by the total population in urbanized areas in all 
        States, as shown by the latest available decennial census.
            ``(2) Minimum allocation.--Each State shall receive not 
        less than 0.5 percent of the amount allocated under this 
        subsection.
            ``(3) Reallocation.--A State may authorize part of the 
        amount made available under this subsection to be used to 
        supplement amounts available under subsection (c).
    ``(e) Planning Capacity Building Program.--
            ``(1) Establishment.--The Secretary shall establish a 
        Planning Capacity Building Program (referred to in this 
        subsection as the ``Program'') to support and fund innovative 
        practices and enhancements in transportation planning.
            ``(2) Purpose.--The purpose of the Program shall be to 
        promote activities that support and strengthen the planning 
        processes required under this section and sections 5303 and 
        5304.
            ``(3) Administration.--The Program shall be administered by 
        the Federal Transit Administration in cooperation with the 
        Federal Highway Administration.
            ``(4) Use of funds.--
                    ``(A) In general.--Appropriations authorized under 
                subsection (g)(1) to carry out this subsection may be 
                used--
                            ``(i) to provide incentive grants to 
                        States, metropolitan planning organizations, 
                        and public transportation operators; and
                            ``(ii) to conduct research, disseminate 
                        information, and provide technical assistance.
                    ``(B) Grants, contracts, cooperative agreements.--
                In carrying out the activities described in 
                subparagraph (A), the Secretary may--
                            ``(i) expend appropriated funds directly; 
                        or
                            ``(ii) award grants to, or enter into 
                        contracts, cooperative agreements, and other 
                        transactions with, a Federal agency, State 
                        agency, local governmental authority, 
                        association, nonprofit or for-profit entity, or 
                        institution of higher education.
    ``(f) Government's Share of Costs.--Amounts made available to carry 
out subsections (c), (d), and (e) may not exceed 80 percent of the 
costs of the activity unless the Secretary of Transportation determines 
that it is in the interest of the Government not to require State or 
local matching funds.
    ``(g) Allocation of Funds.--Of the amounts made available under 
section 5338(b)(2)(B) for fiscal year 2006 and each fiscal year 
thereafter to carry out this section--
            ``(1) $5,000,000 shall be allocated for the Planning 
        Capacity Building Program established under subsection (e);
            ``(2) $20,000,000 shall be allocated for grants under 
        subsection (a)(2) for alternatives analyses required by section 
        5309(e)(2)(A); and
            ``(3) of the remaining amount--
                    ``(A) 82.72 percent shall be allocated for the 
                metropolitan planning program described in subsection 
                (d); and
                    ``(B) 17.28 percent shall be allocated to carry out 
                subsection (b).
    ``(h) Reallocations.--Any amount allocated under this section that 
has not been used 3 years after the end of the fiscal year in which the 
amount was allocated shall be reallocated among the States.''.
    (b) Conforming Amendment.--The item relating to section 5308 in the 
table of sections for chapter 53 is amended to read as follows:

``5308. Planning programs.''.

SEC. 11. CAPITAL INVESTMENT PROGRAM.

    (a) Section Heading.--The section heading of section 5309 is 
amended to read as follows:
``Sec. 5309. Capital investment grants''.
    (b) General Authority.--Section 5309(a) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``(1) The Secretary of 
                Transportation may make grants and loans'' and 
                inserting the following:
            ``(1) Grants authorized.--The Secretary may award grants'';
                    (B) in subparagraph (A), by striking ``alternatives 
                analysis related to the development of systems,'';
                    (C) by striking subparagraphs (B), (C), (D), and 
                (G);
                    (D) by redesignating subparagraphs (E), (F), and 
                (H) as subparagraphs (B), (C), and (D), respectively;
                    (E) in subparagraph (C), as redesignated, by 
                striking the semicolon at the end and inserting ``, 
                including programs of bus and bus-related projects for 
                assistance to subrecipients which are public agencies, 
                private companies engaged in public transportation, or 
                private nonprofit organizations; and''; and
                    (F) in subparagraph (D), as redesignated--
                            (i) by striking ``to support fixed guideway 
                        systems''; and
                            (ii) by striking ``dedicated bus and high 
                        occupancy vehicle'';
            (2) by amending paragraph (2) to read as follows:
            ``(2) Grantee requirements.--
                    ``(A) Grantee in urbanized area.--The Secretary 
                shall require that any grants awarded under this 
                section to a recipient or subrecipient located in an 
                urbanized area shall be subject to all terms, 
                conditions, requirements, and provisions that the 
                Secretary determines to be necessary or appropriate for 
                the purposes of this section, including requirements 
                for the disposition of net increases in the value of 
                real property resulting from the project assisted under 
                this section.
                    ``(B) Grantee not in urbanized area.--The Secretary 
                shall require that any grants awarded under this 
                section to a recipient or subrecipient not located in 
                an urbanized area shall be subject to the same terms, 
                conditions, requirements, and provisions as a recipient 
                or subrecipient of assistance under section 5311.
                    ``(C) Subrecipient.--The Secretary shall require 
                that any private, nonprofit organization that is a 
                subrecipient of a grant awarded under this section 
                shall be subject to the same terms, conditions, 
                requirements, and provisions as a subrecipient of 
                assistance under section 5310.
                    ``(D) Statewide transit provider grantees.--A 
                statewide transit provider that receives a grant under 
                this section shall be subject to the terms, conditions, 
                requirements, and provisions of this section or section 
                5311, consistent with the scope and purpose of the 
                grant and the location of the project.''; and
            (3) by adding at the end the following:
            ``(3) Certification.--An applicant that has submitted the 
        certifications required under subparagraphs (A), (B), (C), and 
        (H) of section 5307(d)(1) shall be deemed to have provided 
        sufficient information upon which the Secretary may make the 
        findings required under this subsection.''.
    (c) Defined Term.--Section 5309(b) is amended to read as follows:
    ``(b) Defined Term.--As used in this section, the term 
`alternatives analysis' means a study conducted as part of the 
transportation planning process required under sections 5303 and 5304, 
which includes--
            ``(1) an assessment of a wide range of public 
        transportation alternatives designed to address a 
        transportation problem in a corridor or subarea;
            ``(2) sufficient information to enable the Secretary to 
        make the findings of project justification and local financial 
        commitment required under this section;
            ``(3) the selection of a locally preferred alternative; and
            ``(4) the adoption of the locally preferred alternative as 
        part of the long-range transportation plan required under 
        section 5303.''.
    (d) Grant Requirements.--Section 5309(d) is amended to read as 
follows:
    ``(d) Grant Requirements.--The Secretary may not approve a grant 
for a project under this section unless the Secretary determines that--
            ``(1) the project is part of an approved transportation 
        plan and program of projects required under sections 5303, 
        5304, and 5306; and
            ``(2) the applicant has, or will have--
                    ``(A) the legal, financial, and technical capacity 
                to carry out the project, including safety and security 
                aspects of the project;
                    ``(B) satisfactory continuing control over the use 
                of the equipment or facilities; and
                    ``(C) the capability and willingness to maintain 
                the equipment or facilities.''.
    (e) Major Capital Investment Projects of $75,000,000 or More.--
Section 5309(e) is amended to read as follows:
    ``(e) Major Capital Investment Projects of $75,000,000 or More.--
            ``(1) Full funding grant agreement.--The Secretary shall 
        enter into a full funding grant agreement, based on the 
        evaluations and ratings required under this subsection, with 
        each grantee receiving not less than $75,000,000 under this 
        subsection for a new fixed guideway capital project that--
                    ``(A) is authorized for final design and 
                construction; and
                    ``(B) has been rated as medium, medium-high, or 
                high, in accordance with paragraph (5)(B).
            ``(2) Determinations.--The Secretary may not award a grant 
        under this subsection for a new fixed guideway capital project 
        unless the Secretary determines that the proposed project is--
                    ``(A) based on the results of an alternatives 
                analysis and preliminary engineering;
                    ``(B) justified based on a comprehensive review of 
                its mobility improvements, environmental benefits, 
                cost-effectiveness, operating efficiencies, economic 
                development effects, and public transportation 
                supportive land use patterns and policies; and
                    ``(C) supported by an acceptable degree of local 
                financial commitment, including evidence of stable and 
                dependable financing sources to construct the project, 
                and maintain and operate the entire public 
                transportation system, while ensuring that the extent 
                and quality of existing public transportation services 
                are not degraded.
            ``(3) Evaluation of project justification.--In making the 
        determinations under paragraph (2)(B) for a major capital 
        investment grant, the Secretary shall analyze, evaluate, and 
        consider--
                    ``(A) the results of the alternatives analysis and 
                preliminary engineering for the proposed project;
                    ``(B) the reliability of the forecasts of costs and 
                utilization made by the recipient and the contractors 
                to the recipient;
                    ``(C) the direct and indirect costs of relevant 
                alternatives;
                    ``(D) factors such as--
                            ``(i) congestion relief;
                            ``(ii) improved mobility;
                            ``(iii) air pollution;
                            ``(iv) noise pollution;
                            ``(v) energy consumption; and
                            ``(vi) all associated ancillary and 
                        mitigation costs necessary to carry out each 
                        alternative analyzed;
                    ``(E) reductions in local infrastructure costs 
                achieved through compact land use development and 
                positive impacts on the capacity, utilization, or 
                longevity of other surface transportation assets and 
                facilities;
                    ``(F) the cost of suburban sprawl;
                    ``(G) the degree to which the project increases the 
                mobility of the public transportation dependent 
                population or promotes economic development;
                    ``(H) population density and current transit 
                ridership in the transportation corridor;
                    ``(I) the technical capability of the grant 
                recipient to construct the project;
                    ``(J) any adjustment to the project justification 
                necessary to reflect differences in local land, 
                construction, and operating costs; and
                    ``(K) other factors that the Secretary determines 
                to be appropriate to carry out this chapter.
            ``(4) Evaluation of local financial commitment.--
                    ``(A) In general.--In evaluating a project under 
                paragraph (2)(C), the Secretary shall require that--
                            ``(i) the proposed project plan provides 
                        for the availability of contingency amounts 
                        that the Secretary determines to be reasonable 
                        to cover unanticipated cost increases;
                            ``(ii) each proposed local source of 
                        capital and operating financing is stable, 
                        reliable, and available within the proposed 
                        project timetable; and
                            ``(iii) local resources are available to 
                        recapitalize and operate the overall proposed 
                        public transportation system, including 
                        essential feeder bus and other services 
                        necessary to achieve the projected ridership 
                        levels, while ensuring that the extent and 
                        quality of existing public transportation 
                        services are not degraded.
                    ``(B) Evaluation criteria.--In assessing the 
                stability, reliability, and availability of proposed 
                sources of local financing under paragraph (2)(C), the 
                Secretary shall consider--
                            ``(i) the reliability of the forecasts of 
                        costs and utilization made by the recipient and 
                        the contractors to the recipient;
                            ``(ii) existing grant commitments;
                            ``(iii) the degree to which financing 
                        sources are dedicated to the proposed purposes;
                            ``(iv) any debt obligation that exists, or 
                        is proposed by the recipient, for the proposed 
                        project or other public transportation purpose; 
                        and
                            ``(v) the extent to which the project has a 
                        local financial commitment that exceeds the 
                        required non-Federal share of the cost of the 
                        project, provided that if the Secretary gives 
                        priority to financing projects that include 
                        more than the non-Federal share required under 
                        subsection (h), the Secretary shall give equal 
                        consideration to differences in the fiscal 
                        capacity of State and local governments.
            ``(5) Project advancement and ratings.--
                    ``(A) Project advancement.--A proposed project 
                under this subsection shall not advance from 
                alternatives analysis to preliminary engineering or 
                from preliminary engineering to final design and 
                construction unless the Secretary determines that the 
                project meets the requirements of this section and 
                there is a reasonable likelihood that the project will 
                continue to meet such requirements.
                    ``(B) Ratings.--In making a determination under 
                subparagraph (A), the Secretary shall evaluate and rate 
                the project on a 5-point scale (high, medium-high, 
                medium, medium-low, or low) based on the results of the 
                alternatives analysis, the project justification 
                criteria, and the degree of local financial commitment, 
                as required under this subsection. In rating the 
                projects, the Secretary shall provide, in addition to 
                the overall project rating, individual ratings for each 
                of the criteria established by regulation.
            ``(6) Applicability.--This subsection shall not apply to 
        projects for which the Secretary has issued a letter of intent 
        or entered into a full funding grant agreement before the date 
        of enactment of the Federal Public Transportation Act of 2005.
            ``(7) Rulemaking.--Not later than 240 days after the date 
        of enactment of the Federal Public Transportation Act of 2005, 
        the Secretary shall issue regulations on the manner by which 
        the Secretary shall evaluate and rate projects based on the 
        results of alternatives analysis, project justification, and 
        local financial commitment, in accordance with this subsection.
            ``(8) Policy guidance.--
                    ``(A) Publication.--The Secretary shall publish 
                policy guidance regarding the new starts project review 
                and evaluation process--
                            ``(i) not later than 120 days after the 
                        date of enactment of the Federal Public 
                        Transportation Act of 2005; and
                            ``(ii) each time significant changes are 
                        made by the Secretary to the new starts project 
                        review and evaluation process and criteria, but 
                        not less frequently than once every 2 years.
                    ``(B) Public comment and response.--The Secretary 
                shall--
                            ``(i) invite public comment to the policy 
                        guidance published under subparagraph (A); and
                            ``(ii) publish a response to the comments 
                        received under clause (i).''.
    (f) Major Capital Investment Projects of Less Than $75,000,000.-- 
Section 5309(f) is amended to read as follows:
    ``(f) Major Capital Investment Projects of Less Than $75,000,000.--
            ``(1) Project construction grant agreement.--
                    ``(A) In general.--The Secretary shall enter into a 
                project construction grant agreement, based on 
                evaluations and ratings required under this subsection, 
                with each grantee receiving less than $75,000,000 under 
                this subsection for a new fixed guideway or corridor 
                improvement capital project that--
                            ``(i) is authorized by law; and
                            ``(ii) has been rated as medium, medium-
                        high, or high, in accordance with paragraph 
                        (3)(B).
                    ``(B) Contents.--
                            ``(i) In general.--An agreement under this 
                        paragraph shall specify--
                                    ``(I) the scope of the project to 
                                be constructed;
                                    ``(II) the estimated net cost of 
                                the project;
                                    ``(III) the schedule under which 
                                the project shall be constructed;
                                    ``(IV) the maximum amount of 
                                funding to be obtained under this 
                                subsection;
                                    ``(V) the proposed schedule for 
                                obligation of future Federal grants; 
                                and
                                    ``(VI) the sources of non-Federal 
                                funding.
                            ``(ii) Additional funding.--The agreement 
                        may include a commitment on the part of the 
                        Secretary to provide funding for the project in 
                        future fiscal years.
                    ``(C) Full funding grant agreement.--An agreement 
                under this paragraph shall be considered a full funding 
                grant agreement for the purposes of subsection (g).
            ``(2) Selection process.--
                    ``(A) Selection criteria.--The Secretary may not 
                award a grant under this subsection for a proposed 
                project unless the Secretary determines that the 
                project is--
                            ``(i) based on the results of planning and 
                        alternatives analysis;
                            ``(ii) justified based on a review of its 
                        public transportation supportive land use 
                        policies, cost effectiveness, and effect on 
                        local economic development; and
                            ``(iii) supported by an acceptable degree 
                        of local financial commitment.
                    ``(B) Planning and alternatives.--In evaluating a 
                project under subparagraph (A)(i), the Secretary shall 
                analyze and consider the results of planning and 
                alternatives analysis for the project.
                    ``(C) Project justification.--In making the 
                determinations under subparagraph (A)(ii), the 
                Secretary shall--
                            ``(i) determine the degree to which local 
                        land use policies are supportive of the public 
                        transportation project and the degree to which 
                        the project is likely to achieve local 
                        developmental goals;
                            ``(ii) determine the cost effectiveness of 
                        the project at the time of the initiation of 
                        revenue service;
                            ``(iii) determine the degree to which the 
                        project will have a positive effect on local 
                        economic development;
                            ``(iv) consider the reliability of the 
                        forecasts of costs and ridership associated 
                        with the project; and
                            ``(v) consider other factors that the 
                        Secretary determines to be appropriate to carry 
                        out this subsection.
                    ``(D) Local financial commitment.--For purposes of 
                subparagraph (A)(iii), the Secretary shall require that 
                each proposed local source of capital and operating 
                financing is stable, reliable, and available within the 
                proposed project timetable.
            ``(3) Advancement of project to development and 
        construction.--
                    ``(A) In general.--A proposed project under this 
                subsection may not advance from the planning and 
                alternatives analysis stage to project development and 
                construction unless--
                            ``(i) the Secretary finds that the project 
                        meets the requirements of this subsection and 
                        there is a reasonable likelihood that the 
                        project will continue to meet such 
                        requirements; and
                            ``(ii) the metropolitan planning 
                        organization has adopted the locally preferred 
                        alternative for the project into the long-range 
                        transportation plan.
                    ``(B) Evaluation.--In making the findings under 
                subparagraph (A), the Secretary shall evaluate and rate 
                the project as high, medium-high, medium, medium-low, 
                or low, based on the results of the analysis of the 
                project justification criteria and the degree of local 
                financial commitment, as required under this 
                subsection.
            ``(4) Impact report.--
                    ``(A) In general.--Not later than 240 days after 
                the date of enactment of the Federal Public 
                Transportation Act of 2005, the Federal Transit 
                Administration shall submit a report on the methodology 
                to be used in evaluating the land use and economic 
                development impacts of non-fixed guideway or partial 
                fixed guideway projects to--
                            ``(i) the Committee on Banking, Housing, 
                        and Urban Affairs of the Senate; and
                            ``(ii) the Committee on Transportation and 
                        Infrastructure of the House of Representatives.
                    ``(B) Contents.--The report submitted under 
                subparagraph (A) shall address any qualitative and 
                quantitative differences between fixed guideway and 
                non-fixed guideway projects with respect to land use 
                and economic development impacts.
            ``(5) Regulations.--Not later than 120 days after the date 
        of enactment of the Federal Public Transportation Act of 2005, 
        the Secretary shall issue regulations establishing an 
        evaluation and rating process for proposed projects under this 
        subsection that is based on the results of project 
        justification and local financial commitment, as required under 
        this subsection.''.
    (g) Full Funding Grant Agreements.--Section 5309(g)(2) is amended 
by adding at the end the following:
    ``(C) Before and after study.--
            ``(i) In general.--Each full funding grant agreement shall 
        require the applicant to conduct a study that--
                    ``(I) describes and analyzes the impacts of the new 
                start project on transit services and transit 
                ridership;
                    ``(II) evaluates the consistency of predicted and 
                actual project characteristics and performance; and
                    ``(III) identifies sources of differences between 
                predicted and actual outcomes.
            ``(ii) Information collection and analysis plan.--
                    ``(I) Submission of plan.--Applicants seeking a 
                full funding grant agreement shall submit a complete 
                plan for the collection and analysis of information to 
                identify the impacts of the new start project and the 
                accuracy of the forecasts prepared during the 
                development of the project. Preparation of this plan 
                shall be included in the full funding grant agreement 
                as an eligible activity.
                    ``(II) Contents of plan.--The plan submitted under 
                subclause (I) shall provide for--
                            ``(aa) the collection of data on the 
                        current transit system regarding transit 
                        service levels and ridership patterns, 
                        including origins and destinations, access 
                        modes, trip purposes, and rider 
                        characteristics;
                            ``(bb) documentation of the predicted 
                        scope, service levels, capital costs, operating 
                        costs, and ridership of the project;
                            ``(cc) collection of data on the transit 
                        system 2 years after the opening of the new 
                        start project, including analogous information 
                        on transit service levels and ridership 
                        patterns and information on the as-built scope 
                        and capital costs of the new start project; and
                            ``(dd) analysis of the consistency of 
                        predicted project characteristics with the 
                        after data.
    ``(D) Collection of data on current system.--To be eligible for a 
full funding grant agreement, recipients shall have collected data on 
the current system, according to the plan required, before the 
beginning of construction of the proposed new start project. Collection 
of this data shall be included in the full funding grant agreement as 
an eligible activity.
    ``(E) Public private partnership pilot program.--
            ``(i) Authorization.--The Secretary may establish a pilot 
        program to demonstrate the advantages of public-private 
        partnerships for certain fixed guideway systems development 
        projects.
            ``(ii) Identification of qualified projects.--The Secretary 
        shall identify qualified public-private partnership projects as 
        permitted by applicable State and local enabling laws and work 
        with project sponsors to enhance project delivery and reduce 
        overall costs.''.
    (h) Government Share of Net Project Cost.--Section 5309(h) is 
amended to read as follows:
    ``(h) Government Share of Adjusted Net Project Cost.--
            ``(1) In general.--The Secretary shall estimate the net 
        project cost based on engineering studies, studies of economic 
        feasibility, and information on the expected use of equipment 
        or facilities.
            ``(2) Adjustment for completion under budget.--The 
        Secretary may adjust the final net project cost of a major 
        capital investment project evaluated under subsections (e) and 
        (f) to include the cost of eligible activities not included in 
        the originally defined project if the Secretary determines that 
        the originally defined project has been completed at a cost 
        that is significantly below the original estimate.
            ``(3) Maximum government share.--
                    ``(A) In general.--A grant for the project shall be 
                for 80 percent of the net project cost, or the net 
                project cost as adjusted under paragraph (2), unless 
                the grant recipient requests a lower grant percentage.
                    ``(B) Exceptions.--The Secretary may provide a 
                higher grant percentage than requested by the grant 
                recipient if--
                            ``(i) the Secretary determines that the net 
                        project cost of the project is not more than 10 
                        percent higher than the net project cost 
                        estimated at the time the project was approved 
                        for advancement into preliminary engineering; 
                        and
                            ``(ii) the ridership estimated for the 
                        project is not less than 90 percent of the 
                        ridership estimated for the project at the time 
                        the project was approved for advancement into 
                        preliminary engineering.
            ``(4) Other sources.--The costs not funded by a grant under 
        this section may be funded from--
                    ``(A) an undistributed cash surplus;
                    ``(B) a replacement or depreciation cash fund or 
                reserve; or
                    ``(C) new capital, including any Federal funds that 
                are eligible to be expended for transportation.
            ``(5) Planned extension to fixed guideway system.--In 
        addition to amounts allowed under paragraph (1), a planned 
        extension to a fixed guideway system may include the cost of 
        rolling stock previously purchased if the Secretary determines 
        that only non-Federal funds were used and that the purchase was 
        made for use on the extension. A refund or reduction of the 
        costs not funded by a grant under this section may be made only 
        if a refund of a proportional amount of the grant is made at 
        the same time.
            ``(6) Exception.--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 amounts allowed under paragraph (4).''.
    (i) Loan Provisions and Fiscal Capacity Considerations.--Section 
5309 is amended--
            (1) by striking subsections (i), (j), (k), and (l);
            (2) by redesignating subsections (m) and (n) as subsections 
        (i) and (j), respectively;
            (3) by striking subsection (o) (as added by section 3009(i) 
        of the Federal Transit Act of 1998); and
            (4) by redesignating subsections (o) and (p) as subsections 
        (k) and (l), respectively.
    (j) Allocating Amounts.--Section 5309(i), as redesignated, is 
amended to read as follows:
    ``(i) Allocating Amounts.--
            ``(1) Fiscal year 2005.--Of the amounts made available or 
        appropriated for fiscal year 2005 under section 5338(a)(3)--
                    ``(A) $1,437,829,600 shall be allocated for 
                projects of not less than $75,000,000 for major capital 
                projects for new fixed guideway systems and extensions 
                of such systems under subsection (e) and projects for 
                new fixed guideway or corridor improvement capital 
                projects under subsection (f);
                    ``(B) $1,204,684,800 shall be allocated for capital 
                projects for fixed guideway modernization; and
                    ``(C) $669,600,000 shall be allocated for capital 
                projects for buses and bus-related equipment and 
                facilities.
            ``(2) In general.--Of the amounts made available or 
        appropriated for fiscal year 2006 and each fiscal year 
        thereafter for grants under this section pursuant to 
        subsections (b)(4) and (c) of section 5338--
                    ``(A) the amounts appropriated under section 
                5338(c) shall be allocated for major capital projects 
                for--
                            ``(i) new fixed guideway systems and 
                        extensions of not less than $75,000,000, in 
                        accordance with subsection (e); and
                            ``(ii) projects for new fixed guideway or 
                        corridor improvement capital projects, in 
                        accordance with subsection (f); and
                    ``(B) the amounts made available under section 
                5338(b)(4) shall be allocated for capital projects for 
                buses and bus-related equipment and facilities.
            ``(3) Fixed guideway modernization.--The amounts made 
        available for fixed guideway modernization under section 
        5338(b)(2)(K) for fiscal year 2006 and each fiscal year 
        thereafter shall be allocated in accordance with section 5337.
            ``(4) Preliminary engineering.--Not more that 8 percent of 
        the allocation described in paragraphs (1)(A) and (2)(A) may be 
        expended on preliminary engineering.
            ``(5) Funding for ferry boats.--Of the amounts described in 
        paragraphs (1)(A) and (2)(A), $10,400,000 shall be available in 
        each of the fiscal years 2005 through 2009 for capital projects 
        in Alaska and Hawaii for new fixed guideway systems and 
        extension projects utilizing ferry boats, ferry boat terminals, 
        or approaches to ferry boat terminals.
            ``(6) Bus and bus facility grants.--
                    ``(A) Considerations.--In making grants under 
                paragraphs (1)(C) and (2)(B), the Secretary shall 
                consider the age and condition of buses, bus fleets, 
                related equipment, and bus-related facilities.
                    ``(B) Projects not in urbanized areas.--Of the 
                amounts made available under paragraphs (1)(C) and 
                (2)(B), not less than 5.5 percent shall be available in 
                each fiscal year for projects that are not in urbanized 
                areas.
                    ``(C) Intermodal terminals.--Of the amounts made 
                available under paragraphs (1)(C) and (2)(B), not less 
                than $75,000,000 shall be available in each fiscal year 
                for intermodal terminal projects, including the 
                intercity bus portion of such projects.''.
    (k) Reports.--Section 5309 is amended by inserting at the end the 
following:
    ``(m) Reports.--
            ``(1) Annual report on funding recommendations.--
                    ``(A) In general.--Not later than the first Monday 
                of February of each year, the Secretary shall submit a 
                report on funding recommendations to--
                            ``(i) the Committee on Transportation and 
                        Infrastructure of the House of Representatives;
                            ``(ii) the Committee on Banking, Housing, 
                        and Urban Affairs of the Senate;
                            ``(iii) the Subcommittee on the Departments 
                        of Transportation, Treasury, Housing and Urban 
                        Development, The Judiciary, District of 
                        Columbia, and Independent Agencies of the 
                        Committee on Appropriations of the House of 
                        Representatives; and
                            ``(iv) the Subcommittee on Transportation, 
                        Treasury, and General Government of the 
                        Committee on Appropriations of the Senate.
                    ``(B) Contents.--The report submitted under 
                subparagraph (A) shall contain--
                            ``(i) a proposal on the allocation of 
                        amounts to finance grants for capital 
                        investment projects among grant applicants;
                            ``(ii) a recommendation of projects to be 
                        funded based on--
                                    ``(I) the evaluations and ratings 
                                determined under subsection (e) and 
                                (f); and
                                    ``(II) existing commitments and 
                                anticipated funding levels for the 
                                subsequent 3 fiscal years; and
                            ``(iii) detailed ratings and evaluations on 
                        each project recommended for funding.
            ``(2) Triannual reports on project ratings.--
                    ``(A) In general.--Not later than the first Monday 
                of February, the first Monday of June, and the first 
                Monday of October of each year, the Secretary shall 
                submit a report on project ratings to--
                            ``(i) the Committee on Transportation and 
                        Infrastructure of the House of Representatives;
                            ``(ii) the Committee on Banking, Housing, 
                        and Urban Affairs of the Senate;
                            ``(iii) the Subcommittee on the Departments 
                        of Transportation, Treasury, Housing and Urban 
                        Development, The Judiciary, District of 
                        Columbia, and Independent Agencies of the 
                        Committee on Appropriations of the House of 
                        Representatives; and
                            ``(iv) the Subcommittee on Transportation, 
                        Treasury, and General Government of the 
                        Committee on Appropriations of the Senate.
                    ``(B) Contents.--Each report submitted under 
                subparagraph (A) shall contain--
                            ``(i) a summary of the ratings of all 
                        capital investment projects for which funding 
                        was requested under this section;
                            ``(ii) detailed ratings and evaluations on 
                        the project of each applicant that had 
                        significant changes to the finance or project 
                        proposal or has completed alternatives analysis 
                        or preliminary engineering since the date of 
                        the latest report; and
                            ``(iii) all relevant information supporting 
                        the evaluation and rating of each updated 
                        project, including a summary of the financial 
                        plan of each updated project.
            ``(3) Before and after study reports.--Not later than the 
        first Monday of August of each year, the Secretary shall submit 
        a report containing a summary of the results of the studies 
        conducted under subsection (g)(2) to--
                    ``(A) the Committee on Transportation and 
                Infrastructure of the House of Representatives;
                    ``(B) the Committee on Banking, Housing, and Urban 
                Affairs of the Senate;
                    ``(C) the Subcommittee on the Departments of 
                Transportation, Treasury, Housing and Urban 
                Development, The Judiciary, District of Columbia, and 
                Independent Agencies of the Committee on Appropriations 
                of the House of Representatives; and
                    ``(D) the Subcommittee on Transportation, Treasury, 
                and General Government of the Committee on 
                Appropriations of the Senate.
            ``(4) Contractor performance assessment report.--
                    ``(A) In general.--Not later than 180 days after 
                the enactment of the Federal Public Transportation Act 
                of 2005, and each year thereafter, the Secretary shall 
                submit a report analyzing the consistency and accuracy 
                of cost and ridership estimates made by each contractor 
                to public transportation agencies developing major 
                investment projects to the committees and subcommittees 
                listed under paragraph (3).
                    ``(B) Contents.--The report submitted under 
                subparagraph (A) shall compare the cost and ridership 
                estimates made at the time projects are approved for 
                entrance into preliminary engineering with--
                            ``(i) estimates made at the time projects 
                        are approved for entrance into final design;
                            ``(ii) costs and ridership when the project 
                        commences revenue operation; and
                            ``(iii) costs and ridership when the 
                        project has been in operation for 2 years.
            ``(5) Annual government accountability office review.--
                    ``(A) Review.--The Comptroller General of the 
                United States shall conduct an annual review of the 
                processes and procedures for evaluating and rating 
                projects and recommending projects and the Secretary's 
                implementation of such processes and procedures.
                    ``(B) Report.--Not later than 90 days after the 
                submission of each report required under paragraph (1), 
                the Comptroller General shall submit a report to 
                Congress that summarizes the results of the review 
                conducted under subparagraph (A).
            ``(6) Contractor performance incentive report.--Not later 
        than 180 days after the enactment of the Federal Public 
        Transportation Act of 2005, the Secretary shall submit a report 
        to the committees and subcommittees listed under paragraph (3) 
        on the suitability of allowing contractors to public 
        transportation agencies that undertake major capital 
        investments under this section to receive performance incentive 
        awards if a project is completed for less than the original 
        estimated cost.''.
    (l) Restrictions on Use of Bus Category Funds for Fixed Guideway 
Projects.--Funds provided to grantees under the bus and bus facility 
category for fixed guideway ferry and gondola projects in the 
Department of Transportation and Related Agencies Appropriations Acts 
for any of fiscal years 1998 through 2005, or accompanying committee 
reports, that remain available and unobligated may be used for fixed 
guideway projects under this section.

SEC. 12. NEW FREEDOM FOR ELDERLY PERSONS AND PERSONS WITH DISABILITIES.

    (a) In General.--Section 5310 is amended to read as follows:
``Sec. 5310. New freedom for elderly persons and persons with 
              disabilities
    ``(a) General Authority.--
            ``(1) Authorization.--The Secretary may award grants to a 
        State for capital public transportation projects that are 
        planned, designed, and carried out to meet the needs of elderly 
        individuals and individuals with disabilities, with priority 
        given to the needs of these individuals to access necessary 
        health care.
            ``(2) Acquisition of public transportation services.--A 
        capital public transportation project under this section may 
        include acquiring public transportation services as an eligible 
        capital expense.
            ``(3) Administrative costs.--A State may use not more than 
        15 percent of the amounts received under this section to 
        administer, plan, and provide technical assistance for a 
        project funded under this section.
    ``(b) Allotments Among States.--
            ``(1) In general.--From amounts made available or 
        appropriated in each fiscal year under subsections 
        (a)(1)(C)(iv) and (b)(2)(D) of section 5338 for grants under 
        this section, the Secretary shall allot amounts to each State 
        under a formula based on the number of elderly individuals and 
        individuals with disabilities in each State.
            ``(2) Transfer of funds.--Any funds allotted to a State 
        under paragraph (1) may be transferred by the State to the 
        apportionments made under sections 5311(c) and 5336 if such 
        funds are only used for eligible projects selected under this 
        section.
            ``(3) Reallocation of funds.--A State receiving a grant 
        under this section may reallocate such grant funds to--
                    ``(A) a private nonprofit organization;
                    ``(B) a public transportation agency or authority; 
                or
                    ``(C) a governmental authority that--
                            ``(i) has been approved by the State to 
                        coordinate services for elderly individuals and 
                        individuals with disabilities;
                            ``(ii) certifies that nonprofit 
                        organizations are not readily available in the 
                        area that can provide the services described 
                        under this subsection; or
                            ``(iii) will provide services to persons 
                        with disabilities that exceed those services 
                        required by the Americans with Disabilities 
                        Act.
    ``(c) Government Share.--
            ``(1) Maximum.--
                    ``(A) In general.--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.
                    ``(B) Exception.--A State described in section 
                120(d) of title 23 shall receive an increased 
                Government share in accordance with the formula under 
                that section.
            ``(2) Remaining costs.--The costs of a capital project 
        under this section that are not funded through a grant under 
        this section--
                    ``(A) may be funded from an undistributed cash 
                surplus, a replacement or depreciation cash fund or 
                reserve, a service agreement with a State or local 
                social service agency or a private social service 
                organization, or new capital; and
                    ``(B) may be derived from amounts appropriated to 
                or made available to any Federal agency (other than the 
                Department of Transportation, except for Federal Lands 
                Highway funds) that are eligible to be expended for 
                transportation.
            ``(3) Exception.--For purposes of paragraph (2), 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 purposes.
    ``(d) Grant Requirements.--
            ``(1) In general.--A grant recipient under this section 
        shall be subject to the requirements of a grant recipient under 
        section 5307 to the extent the Secretary determines to be 
        appropriate.
            ``(2) Certification requirements.--
                    ``(A) Fund transfers.--A grant recipient under this 
                section that transfers funds to a project funded under 
                section 5336 in accordance with subsection (b)(2) shall 
                certify that the project for which the funds are 
                requested has been coordinated with private nonprofit 
                providers of services under this section.
                    ``(B) Project selection and plan development.--Each 
                grant recipient under this section shall certify that--
                            ``(i) the projects selected were derived 
                        from a locally developed, coordinated public 
                        transit-human services transportation plan; and
                            ``(ii) 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.
                    ``(C) Allocations to subrecipients.--Each grant 
                recipient under this section shall certify that 
                allocations of the grant to subrecipients, if any, are 
                distributed on a fair and equitable basis.
    ``(e) State Program of Projects.--
            ``(1) Submission to secretary.--Each State shall annually 
        submit a program of transportation projects to the Secretary 
        for approval with an assurance that the program provides for 
        maximum feasible coordination between transportation services 
        funded under this section and transportation services assisted 
        by other Federal sources.
            ``(2) Use of funds.--Each State may use amounts made 
        available to carry out this section to provide transportation 
        services for elderly individuals and individuals with 
        disabilities if such services are included in an approved State 
        program of projects.
    ``(f) Leasing Vehicles.--Vehicles acquired under this section may 
be leased to local governmental authorities to improve transportation 
services designed to meet the needs of elderly individuals and 
individuals with disabilities.
    ``(g) Meal Delivery for Homebound Individuals.--Public 
transportation service providers receiving assistance under this 
section or section 5311(c) may coordinate and assist in regularly 
providing meal delivery service for homebound individuals if the 
delivery service does not conflict with providing public transportation 
service or reduce service to public transportation passengers.
    ``(h) Transfers of Facilities and Equipment.--With the consent of 
the recipient in possession of a facility or equipment acquired with a 
grant under this section, a State may transfer the facility or 
equipment to any recipient eligible to receive assistance under this 
chapter if the facility or equipment will continue to be used as 
required under this section.
    ``(i) Fares Not Required.--This section does not require that 
elderly individuals and individuals with disabilities be charged a 
fare.''.
    (b) Conforming Amendment.--The item relating to section 5310 in the 
table of sections for chapter 53 is amended to read as follows:

``5310. New freedom for elderly persons and persons with 
                            disabilities.''.

SEC. 13. FORMULA GRANTS FOR OTHER THAN URBANIZED AREAS.

    (a) Definitions.--Section 5311(a) is amended to read as follows:
    ``(a) Definitions.--As used in this section, the following 
definitions shall apply:
            ``(1) Recipient.--The term `recipient' means a State or 
        Indian tribe that receives a Federal transit program grant 
        directly from the Federal Government.
            ``(2) Subrecipient.--The term `subrecipient' means a State 
        or local governmental authority, a nonprofit organization, or a 
        private operator of public transportation or intercity bus 
        service that receives Federal transit program grant funds 
        indirectly through a recipient.''.
    (b) General Authority.--Section 5311(b) is amended--
            (1) by amending paragraph (1) to read as follows:
            ``(1) Grants authorized.--Except as provided under 
        paragraph (2), the Secretary may award grants under this 
        section to recipients located in areas other than urbanized 
        areas for--
                    ``(A) public transportation capital projects;
                    ``(B) operating costs of equipment and facilities 
                for use in public transportation; and
                    ``(C) the acquisition of public transportation 
                services.'';
            (2) by redesignating paragraph (2) as paragraph (3);
            (3) by inserting after paragraph (1) the following:
            ``(2) State program.--
                    ``(A) In general.--A project eligible for a grant 
                under this section shall be included in a State program 
                for public transportation service projects, including 
                agreements with private providers of public 
                transportation service.
                    ``(B) Submission to secretary.--Each State shall 
                annually submit the program described in subparagraph 
                (A) to the Secretary.
                    ``(C) Approval.--The Secretary may not approve the 
                program unless the Secretary determines that--
                            ``(i) the program provides a fair 
                        distribution of amounts in the State; and
                            ``(ii) the program provides the maximum 
                        feasible coordination of public transportation 
                        service assisted under this section with 
                        transportation service assisted by other 
                        Federal sources.'';
            (4) in paragraph (3), as redesignated--
                    (A) by striking ``(3) The Secretary of 
                Transportation'' and inserting the following:
            ``(3) Rural transportation assistance program.--
                    ``(A) Establishment.--The Secretary'';
                    (B) by striking ``make'' and inserting ``use not 
                more than 2 percent of the amount made available to 
                carry out this section to award''; and
                    (C) by adding at the end the following:
                    ``(B) Data Collection.--
                            ``(i) Report.--Each grantee under this 
                        section shall submit an annual report to the 
                        Secretary containing information on capital 
                        investment, operations, and service provided 
                        with funds received under this section, 
                        including--
                                    ``(I) total annual revenue;
                                    ``(II) sources of revenue;
                                    ``(III) total annual operating 
                                costs;
                                    ``(IV) total annual capital costs;
                                    ``(V) fleet size and type, and 
                                related facilities;
                                    ``(VI) revenue vehicle miles; and
                                    ``(VII) ridership.''; and
            (5) by adding after paragraph (3) the following:
            ``(4) Of the amount made available to carry out paragraph 
        (3)--
                    ``(A) not more than 15 percent may be used to carry 
                out projects of a national scope; and
                    ``(B) any amounts not used under subparagraph (A) 
                shall be allocated to the States.''.
    (c) Apportionments.--Section 5311(c) is amended to read as follows:
    ``(c) Apportionments.--
            ``(1) Public transportation on indian reservations.--Of the 
        amounts made available or appropriated for each fiscal year 
        pursuant to subsections (a)(1)(C)(v) and (b)(2)(F) of section 
        5338, the following amounts shall be apportioned for grants to 
        Indian tribes for any purpose eligible under this section, 
        under such terms and conditions as may be established by the 
        Secretary:
                    ``(A) $8,000,000 for fiscal year 2006.
                    ``(B) $10,000,000 for fiscal year 2007.
                    ``(C) $12,000,000 for fiscal year 2008.
                    ``(D) $15,000,000 for fiscal year 2009.
            ``(2) Remaining amounts.--Of the amounts made available or 
        appropriated for each fiscal year pursuant to subsections 
        (a)(1)(C)(v) and (b)(2)(F) of section 5338 that are not 
        apportioned under paragraph (1)--
                    ``(A) 20 percent shall be apportioned to the States 
                in accordance with paragraph (3); and
                    ``(B) 80 percent shall be apportioned to the States 
                in accordance with paragraph (4).
            ``(3) Apportionments based on land area in nonurbanized 
        areas.--
                    ``(A) In general.--Subject to subparagraph (B), 
                each State shall receive an amount that is equal to the 
                amount apportioned under paragraph (2)(A) multiplied by 
                the ratio of the land area in areas other than 
                urbanized areas in that State and divided by the land 
                area in all areas other than urbanized areas in the 
                United States, as shown by the most recent decennial 
                census of population.
                    ``(B) Maximum apportionment.--No State shall 
                receive more than 5 percent of the amount apportioned 
                under this paragraph.
            ``(4) Apportionments based on population in nonurbanized 
        areas.--Each State shall receive an amount equal to the amount 
        apportioned under paragraph (2)(B) multiplied by the ratio of 
        the population of areas other than urbanized areas in that 
        State divided by the population of all areas other than 
        urbanized areas in the United States, as shown by the most 
        recent decennial census of population.''.
    (d) Use for Administrative, Planning, and Technical Assistance.--
Section 5311(e) is amended--
            (1) by striking ``and Technical Assistance.--(1) The 
        Secretary of Transportation'' and inserting ``, Planning, and 
        Technical Assistance.--The Secretary'';
            (2) by striking ``to a recipient''; and
            (3) by striking paragraph (2).
    (e) Intercity Bus Transportation.--Section 5311(f) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``(1)'' and inserting the 
                following:
            ``(1) In general.--''; and
                    (B) by striking ``after September 30, 1993,''; and
            (2) in paragraph (2)--
                    (A) by striking ``A State'' and inserting ``After 
                consultation with affected intercity bus service 
                providers, a State''; and
                    (B) by striking ``of Transportation''.
    (f) Government Share of Costs.--Section 5311(g) is amended to read 
as follows:
    ``(g) Government Share of Costs.--
            ``(1) Maximum government share.--
                    ``(A) Capital projects.--
                            ``(i) In general.--Except as provided under 
                        clause (ii), a grant awarded under this section 
                        for any purpose other than operating assistance 
                        may not exceed 80 percent of the net capital 
                        costs of the project, as determined by the 
                        Secretary.
                            ``(ii) Exception.--A State described in 
                        section 120(d) of title 23 shall receive a 
                        Government share of the net capital costs in 
                        accordance with the formula under that section.
                    ``(B) Operating assistance.--
                            ``(i) In general.--Except as provided under 
                        clause (ii), 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.
                            ``(ii) Exception.--A State described in 
                        section 120(d) of title 23 shall receive a 
                        Government share of the net operating costs 
                        equal to 62.5 percent of the Government share 
                        provided for under subparagraph (A)(ii).
            ``(2) Other funding sources.--Funds for a project under 
        this section that are not provided for by a grant under this 
        section--
                    ``(A) may be provided from--
                            ``(i) an undistributed cash surplus;
                            ``(ii) a replacement or depreciation cash 
                        fund or reserve;
                            ``(iii) a service agreement with a State or 
                        local social service agency or a private social 
                        service organization; or
                            ``(iv) new capital; and
                    ``(B) may be derived from amounts appropriated to 
                or made available to a Government agency (other than 
                the Department of Transportation, except for Federal 
                Land Highway funds) that are eligible to be expended 
                for transportation.
            ``(3) Use of government grant.--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.
            ``(4) Exception.--For purposes of paragraph (2)(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 purposes.''.
    (g) Waiver Condition.--Section 5311(j)(1) is amended by striking 
``but the Secretary of Labor may waive the application of section 
5333(b)'' and inserting ``if the Secretary of Labor utilizes a Special 
Warranty that provides a fair and equitable arrangement to protect the 
interests of employees''.

SEC. 14. RESEARCH, DEVELOPMENT, DEMONSTRATION, AND DEPLOYMENT PROJECTS.

    (a) In General.--Section 5312 is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) Research, Development, and Demonstration Projects.--
            ``(1) In general.--The Secretary may make grants, 
        contracts, cooperative agreements, or other transactions 
        (including agreements with departments, agencies, and 
        instrumentalities of the United States Government) for 
        research, development, demonstration or deployment projects, or 
        evaluation of technology of national significance to public 
        transportation that the Secretary determines will improve 
        public transportation service or help public transportation 
        service meet the total transportation needs at a minimum cost.
            ``(2) Information.--The Secretary may request and receive 
        appropriate information from any source.
            ``(3) Savings provision.--This subsection does not limit 
        the authority of the Secretary under any other law.'';
            (2) by striking subsections (b) and (c);
            (3) by redesignating subsections (d) and (e) as (b) and 
        (c), respectively.
            (4) in subsection (b)(2), as redesignated, by striking 
        ``other agreements'' and inserting ``other transactions''; and
            (5) in subsection (c)(2), as redesignated, by striking 
        ``public and private'' and inserting ``public or private''.
    (b) Conforming Amendments.--
            (1) Section heading.--The heading of section 5312 is 
        amended to read as follows:
``Sec. 5312. Research, development, demonstration, and deployment 
              projects''.
            (2) Table of sections.--The item relating to section 5312 
        in the table of sections for chapter 53 is amended to read as 
        follows:

``5312. Research, development, demonstration, and deployment 
                            projects.''.

SEC. 15. TRANSIT COOPERATIVE RESEARCH PROGRAM.

    (a) In General.--Section 5313 is amended--
            (1) by striking subsection (b);
            (2) in subsection (a)--
                    (A) in paragraph (1), by striking ``(1) The amounts 
                made available under paragraphs (1) and (2)C)(ii) of 
                section 5338(c) of this title'' and inserting ``The 
                amounts made available under subsections (a)(5)(C)(iii) 
                and (b)(2)(G)(i) of section 5338''; and
                    (B) in paragraph (2), by striking ``(2)'' and 
                inserting the following:
    ``(b) Government Assistance.--''; and
            (3) by amending subsection (c) to read as follows:
    ``(c) Government Share.--If there would be a clear and direct 
financial benefit to an entity under a grant or contract financed under 
this section, the Secretary shall establish a Government share 
consistent with such benefit.''.
    (b) Conforming Amendments.--
            (1) Section heading.--The heading of section 5313 is 
        amended to read as follows:
``Sec. 5313. Transit cooperative research program''.
            (2) Table of sections.--The item relating to section 5313 
        in the table of sections for chapter 53 is amended to read as 
        follows:

``5313. Transit cooperative research program.''.

SEC. 16. NATIONAL RESEARCH PROGRAMS.

    (a) In General.--Section 5314 is amended--
            (1) in subsection (a)--
                    (A) by amending paragraph (1) to read as follows:
            ``(1) Availability of funds.--The Secretary may use amounts 
        made available under subsections (a)(5)(C)(iv) and 
        (b)(2)(G)(iv) of section 5338 for grants, contracts, 
        cooperative agreements, or other transactions for the purposes 
        described in sections 5312, 5315, and 5322.'';
                    (B) in paragraph (2), by striking ``(2) Of'' and 
                inserting the following:
            ``(2) ADA compliance.--From'';
                    (C) by amending paragraph (3) to read as follows:
            ``(3) Special demonstration initiatives.--The Secretary may 
        use not more than 25 percent of the amounts made available 
        under paragraph (1) for special demonstration initiatives, 
        subject to terms that the Secretary determines to be consistent 
        with this chapter. For a nonrenewable grant of not more than 
        $100,000, the Secretary shall provide expedited procedures for 
        complying with the requirements of this chapter.'';
                    (D) in paragraph (4)--
                            (i) by striking subparagraph (B); and
                            (ii) by redesignating subparagraph (C) as 
                        subparagraph (B); and
                    (E) by adding at the end the following:
            ``(6) Medical transportation demonstration grants.--
                    ``(A) Grants authorized.--The Secretary may award 
                demonstration grants, from funds made available under 
                paragraph (1), to eligible entities to provide 
                transportation services to individuals to access 
                dialysis treatments and other medical treatments for 
                renal disease.
                    ``(B) Eligible entities.--An entity shall be 
                eligible to receive a grant under this paragraph if the 
                entity--
                            ``(i) meets the conditions described in 
                        section 501(c)(3) of the Internal Revenue Code 
                        of 1986; or
                            ``(ii) is an agency of a State or unit of 
                        local government.
                    ``(C) Use of funds.--Grant funds received under 
                this paragraph may be used to provide transportation 
                services to individuals to access dialysis treatments 
                and other medical treatments for renal disease.
                    ``(D) Application.--
                            ``(i) In general.--Each eligible entity 
                        desiring a grant under this paragraph shall 
                        submit an application to the Secretary at such 
                        time, at such place, and containing such 
                        information as the Secretary may reasonably 
                        require.
                            ``(ii) Selection of grantees.--In awarding 
                        grants under this paragraph, the Secretary 
                        shall give preference to eligible entities from 
                        communities with--
                                    ``(I) high incidence of renal 
                                disease; and
                                    ``(II) limited access to dialysis 
                                facilities.
                    ``(E) Rulemaking.--The Secretary shall issue 
                regulations to implement and administer the grant 
                program established under this paragraph.
                    ``(F) Report.--The Secretary shall submit a report 
                on the results of the demonstration projects funded 
                under this paragraph to the Committee on Banking, 
                Housing, and Urban Affairs of the Senate and the 
                Committee on Transportation and Infrastructure of the 
                House of Representatives.''; and
            (2) by amending subsection (b) to read as follows:
    ``(b) Government Share.--If there would be a clear and direct 
financial benefit to an entity under a grant, contract, cooperative 
agreement, or other transaction financed under subsection (a) or 
section 5312, 5313, 5315, or 5322, the Secretary shall establish a 
Government share consistent with such benefit.''.
    (c) National Technical Assistance Center for Senior Transportation; 
Alternative Fuels Study.--Section 5314 is amended by adding at the end 
the following:
    ``(c) National Technical Assistance Center for Senior 
Transportation.--
            ``(1) Establishment.--The Secretary shall award grants to a 
        national not-for-profit organization for the establishment and 
        maintenance of a national technical assistance center.
            ``(2) Eligibility.--An organization shall be eligible to 
        receive the grant under paragraph (1) if the organization--
                    ``(A) focuses significantly on serving the needs of 
                the elderly;
                    ``(B) has demonstrated knowledge and expertise in 
                senior transportation policy and planning issues;
                    ``(C) has affiliates in a majority of the States;
                    ``(D) has the capacity to convene local groups to 
                consult on operation and development of senior 
                transportation programs; and
                    ``(E) has established close working relationships 
                with the Federal Transit Administration and the 
                Administration on Aging.
            ``(3) Use of funds.--The national technical assistance 
        center established under this section shall--
                    ``(A) gather best practices from throughout the 
                country and provide such practices to local communities 
                that are implementing senior transportation programs;
                    ``(B) work with teams from local communities to 
                identify how they are successfully meeting the 
                transportation needs of senior and any gaps in services 
                in order to create a plan for an integrated senior 
                transportation program;
                    ``(C) provide resources on ways to pay for senior 
                transportation services;
                    ``(D) create a web site to publicize and circulate 
                information on senior transportation programs;
                    ``(E) establish a clearinghouse for print, video, 
                and audio resources on senior mobility; and
                    ``(F) administer the demonstration grant program 
                established under paragraph (4).
            ``(4) Grants authorized.--
                    ``(A) In general.--The national technical 
                assistance center established under this section, in 
                consultation with the Federal Transit Administration, 
                shall award senior transportation demonstration grants 
                to--
                            ``(i) local transportation organizations;
                            ``(ii) State agencies;
                            ``(iii) units of local government; and
                            ``(iv) nonprofit organizations.
                    ``(B) Use of funds.--Grant funds received under 
                this paragraph may be used to--
                            ``(i) evaluate the state of transportation 
                        services for senior citizens;
                            ``(ii) recognize barriers to mobility that 
                        senior citizens encounter in their communities;
                            ``(iii) establish partnerships and promote 
                        coordination among community stakeholders, 
                        including public, not-for-profit, and for-
                        profit providers of transportation services for 
                        senior citizens;
                            ``(iv) identify future transportation needs 
                        of senior citizens within local communities; 
                        and
                            ``(v) establish strategies to meet the 
                        unique needs of healthy and frail senior 
                        citizens.
                    ``(C) Selection of grantees.--The Secretary shall 
                select grantees under this subsection based on a fair 
                representation of various geographical locations 
                throughout the United States.
            ``(5) Allocations.--From the funds made available for each 
        fiscal year under subsections (a)(5)(C)(iv) and (b)(2)(G)(iv) 
        of section 5338, $3,000,000 shall be allocated to carry out 
        this subsection.
    ``(d) Alternative Fuels Study.--
            ``(1) Study.--The Secretary shall conduct a study of the 
        actions necessary to facilitate the purchase of increased 
        volumes of alternative fuels (as defined in section 301 of the 
        Energy Policy Act of 1992 (42 U.S.C. 13211)) for use in public 
        transit vehicles
            ``(2) Scope of study.--The study conducted under this 
        subsection shall focus on the incentives necessary to increase 
        the use of alternative fuels in public transit vehicles, 
        including buses, fixed guideway vehicles, and ferries.
            ``(3) Contents.--The study shall consider--
                    ``(A) the environmental benefits of increased use 
                of alternative fuels in transit vehicles;
                    ``(B) existing opportunities available to transit 
                system operators that encourage the purchase of 
                alternative fuels for transit vehicle operation;
                    ``(C) existing barriers to transit system operators 
                that discourage the purchase of alternative fuels for 
                transit vehicle operation, including situations where 
                alternative fuels that do not require capital 
                improvements to transit vehicles are disadvantaged over 
                fuels that do require such improvements; and
                    ``(D) the necessary levels and type of support 
                necessary to encourage additional use of alternative 
                fuels for transit vehicle operation.
            ``(4) Recommendations.--The study shall recommend 
        regulatory and legislative alternatives that will result in the 
        increased use of alternative fuels in transit vehicles.
            ``(5) Report.--Not later than 1 year after the date of 
        enactment of the Federal Public Transportation Act of 2005, the 
        Secretary shall submit the study completed under this 
        subsection to the Committee on Banking, Housing, and Urban 
        Affairs of the Senate and the Committee on Transportation and 
        Infrastructure of the House of Representatives''.
    (d) Conforming Amendments.--
            (1) Section heading.--The heading for section 5314 is 
        amended to read as follows:
``Sec. 5314. National research programs''.
            (2) Table of sections.--The item relating to section 5314 
        in the table of sections for chapter 53 is amended to read as 
        follows:

``5314. National research programs.''.

SEC. 17. NATIONAL TRANSIT INSTITUTE.

    (a) Section 5315 is amended--
            (1) by striking subsections (a) and (b) and inserting the 
        following:
    ``(a) Establishment.--The Secretary shall award grants to Rutgers 
University to conduct a national transit institute.
    ``(b) Duties.--
            ``(1) In general.--In cooperation with the Federal Transit 
        Administration, State transportation departments, public 
        transportation authorities, and national and international 
        entities, the institute established pursuant to subsection (a) 
        shall develop and conduct training programs for Federal, State, 
        and local transportation employees, United States citizens, and 
        foreign nationals engaged or to be engaged in Government-aid 
        public transportation work.
            ``(2) Training programs.--The training programs developed 
        under paragraph (1) may include courses in recent developments, 
        techniques, and procedures related to--
                    ``(A) intermodal and public transportation 
                planning;
                    ``(B) management;
                    ``(C) environmental factors;
                    ``(D) acquisition and joint use rights of way;
                    ``(E) engineering and architectural design;
                    ``(F) procurement strategies for public 
                transportation systems;
                    ``(G) turnkey approaches to delivering public 
                transportation systems;
                    ``(H) new technologies;
                    ``(I) emission reduction technologies;
                    ``(J) ways to make public transportation accessible 
                to individuals with disabilities;
                    ``(K) construction, construction management, 
                insurance, and risk management;
                    ``(L) maintenance;
                    ``(M) contract administration;
                    ``(N) inspection;
                    ``(O) innovative finance;
                    ``(P) workplace safety; and
                    ``(Q) public transportation security.''; and
            (2) in subsection (d), by striking ``mass'' each place it 
        appears.

SEC. 18. BUS TESTING FACILITY.

    Section 5318 is amended--
            (1) in subsection (a)--
                    (A) by striking ``Establishment.--The Secretary of 
                Transportation shall establish one facility'' and 
                inserting ``In General.--The Secretary shall maintain 1 
                facility''; and
                    (B) by striking ``established by renovating'' and 
                inserting ``maintained at''; and
            (2) in subsection (d), by striking ``section 5309(m)(1)(C) 
        of this title'' and inserting ``paragraphs (1)(C) and (2)(B) of 
        section 5309(i)''.

SEC. 19. BICYCLE FACILITIES.

    Section 5319 is amended by striking ``5307(k)'' and inserting 
``5307(d)(1)(K)''.

SEC. 20. SUSPENDED LIGHT RAIL TECHNOLOGY PILOT PROJECT.

    Section 5320 is repealed.

SEC. 21. CRIME PREVENTION AND SECURITY.

    Section 5321 is repealed.

SEC. 22. GENERAL PROVISIONS ON ASSISTANCE.

    Section 5323 is amended--
            (1) in subsection (a)--
                    (A) by amending paragraph (1) to read as follows:
            ``(1) In general.--Financial assistance provided under this 
        chapter to a State or a local governmental authority may be 
        used to acquire an interest in, or to buy property of, a 
        private company engaged in public transportation, for a capital 
        project for property acquired from a private company engaged in 
        public transportation after July 9, 1964, or to operate a 
        public transportation facility or equipment in competition 
        with, or in addition to, transportation service provided by an 
        existing public transportation company, only if--
                    ``(A) the Secretary determines that such financial 
                assistance is essential to a program of projects 
                required under sections 5303, 5304, and 5306;
                    ``(B) the Secretary determines that the program 
                provides for the participation of private companies 
                engaged in public transportation to the maximum extent 
                feasible; and
                    ``(C) just compensation under State or local law 
                will be paid to the company for its franchise or 
                property.''; and
                    (B) in paragraph (2), by striking ``(2)'' and 
                inserting the following:
            ``(2) Limitation.--'';
            (2) by amending subsection (b) to read as follows:
    ``(b) Notice and Public Hearing.--
            ``(1) In general.--An application for a grant under this 
        chapter for a capital project that will substantially affect a 
        community, or the public transportation service of a community, 
        shall include, in the environmental record for the project, 
        evidence that the applicant has--
                    ``(A) provided an adequate opportunity for public 
                review and comment on the project;
                    ``(B) held a public hearing on the project if the 
                project affects significant economic, social, or 
                environmental interests;
                    ``(C) considered the economic, social, and 
                environmental effects of the project; and
                    ``(D) found that the project is consistent with 
                official plans for developing the urban area.
            ``(2) Contents of notice.--Notice of a hearing under this 
        subsection--
                    ``(A) shall include a concise description of the 
                proposed project; and
                    ``(B) shall be published in a newspaper of general 
                circulation in the geographic area the project will 
                serve.'';
            (3) by amending subsection (e) to read as follows:
    ``(e) New Technology.--A grant for financial assistance under this 
chapter for new technology, including innovative or improved products, 
techniques, or methods, shall be subject to the requirements of section 
5309 to the extent the Secretary determines to be appropriate.'';
            (4) in subsection (f)--
                    (A) by striking ``(1)'' and inserting the 
                following:
            ``(1) In general.--'';
                    (B) by striking paragraph (2);
                    (C) by striking ``This subsection'' and inserting 
                the following:
            ``(2) Exceptions.--This subsection; and
                    (D) by adding at the end the following:
            ``(3) Penalty.--If the Secretary determines that an 
        applicant, governmental authority, or publicly owned operator 
        has violated the agreement required under paragraph (1), the 
        Secretary shall bar the applicant, authority, or operator from 
        receiving Federal transit assistance in an amount the Secretary 
        determines to be appropriate.'';
            (5) in subsection (g), by striking ``103(e)(4) and 142 (a) 
        or (c)'' each place it appears and inserting ``133 and 142'';
            (6) by amending subsection (h) to read as follows:
    ``(h) Transfer of Lands or Interests in Lands Owned by the United 
States.--
            ``(1) Request by secretary.--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 transit purposes eligible under this 
        chapter, including corridor preservation, the Secretary shall 
        submit a request to the head of the Federal agency supervising 
        the administration of such lands or interests in lands. Such 
        request shall include a map showing the portion of such lands 
        or interests in lands, which is desired to be transferred for 
        public transportation purposes.
            ``(2) Transfer of land.--If 4 months after submitting a 
        request under paragraph (1), the Secretary does not receive a 
        response from the Federal agency described in paragraph (1) 
        that certifies that the proposed appropriation of land is 
        contrary to the public interest or inconsistent with the 
        purposes for which such land has been reserved, or if the head 
        of such agency agrees to the utilization or transfer under 
        conditions necessary for the adequate protection and 
        utilization of the reserve, such land or interests in land may 
        be utilized or transferred to a State, local governmental 
        authority, or public transportation operator for such purposes 
        and subject to the conditions specified by such agency.
            ``(3) Reversion.--If at any time the lands or interests in 
        land utilized or transferred under paragraph (2) are no longer 
        needed for public transportation purposes, the State, local 
        governmental authority, or public transportation operator that 
        received the land shall notify to the Secretary, and such lands 
        shall immediately revert to the control of the head of the 
        Federal agency from which the land was originally 
        transferred.'';
            (7) in subsection (j)(5), by striking ``Intermodal Surface 
        Transportation Efficiency Act of 1991 (Public Law 102-240, 105 
        Stat. 1914)'' and inserting ``Federal Public Transportation Act 
        of 2005'';
            (8) by amending subsection (l) 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 reimbursement directly, or by offsetting amounts, available under 
this chapter, if the Secretary determines that a recipient of such 
financial assistance has made a false or fraudulent statement or 
related act in connection with a Federal transit program.'';
            (9) in subsection (m), by adding at the end the following: 
        ``Requirements to perform preaward and postdelivery reviews of 
        rolling stock purchases to ensure compliance with subsection 
        (j) shall not apply to private nonprofit organizations or to 
        grantees serving urbanized areas with a population of fewer 
        than 1,000,000.'';
            (10) in subsection (o), by striking ``the Transportation 
        Infrastructure Finance and Innovation Act of 1998'' and 
        inserting ``subchapter II of chapter 1 of title 23''; and
            (11) by adding at the end the following:
    ``(p) Bond Proceeds Eligible for Local Share.--
            ``(1) In general.--Notwithstanding 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) Reimbursement by secretary.--The Secretary may 
        reimburse an eligible recipient for deposits of bond proceeds 
        in a debt service reserve that the recipient established 
        pursuant to section 5302(a)(1)(K) from amounts made available 
        to the recipient under section 5307 or 5309.'';
    ``(q) Prohibited Use of Funds.--Grant funds received under this 
chapter may not be used to pay ordinary governmental or nonproject 
operating expenses.''.

SEC. 23. SPECIAL PROVISIONS FOR CAPITAL PROJECTS.

    (a) In General.--Section 5324 is amended to read as follows:
``Sec. 5324. Special provisions for capital projects
    ``(a) Real Property and Relocation Services.--Whenever real 
property is acquired or furnished as a required contribution incident 
to a project, the Secretary shall not approve the application for 
financial assistance unless the applicant has made all payments and 
provided all assistance and assurances that are required of a State 
agency under sections 210 and 305 of the Uniform Relocation Assistance 
and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4630 and 
4655). The Secretary must be advised of specific references to any 
State law that are believed to be an exception to section 301 or 302 of 
such Act (42 U.S.C. 4651 and 4652).
    ``(b) Advance Real Property Acquisitions.--
            ``(1) In general.--The Secretary may participate in the 
        acquisition of real property for any project that may use the 
        property if the Secretary determines that external market 
        forces are jeopardizing the potential use of the property for 
        the project and if--
                    ``(A) there are offers on the open real estate 
                market to convey that property for a use that is 
                incompatible with the project under study;
                    ``(B) there is an imminent threat of development or 
                redevelopment of the property for a use that is 
                incompatible with the project under study;
                    ``(C) recent appraisals reflect a rapid increase in 
                the fair market value of the property;
                    ``(D) the property, because it is located near an 
                existing transportation facility, is likely to be 
                developed and to be needed for a future transportation 
                improvement; or
                    ``(E) the property owner can demonstrate that, for 
                health, safety, or financial reasons, retaining 
                ownership of the property poses an undue hardship on 
                the owner in comparison to other affected property 
                owners and requests the acquisition to alleviate that 
                hardship.
            ``(2) Environmental reviews.--Property acquired in 
        accordance with this subsection may not be developed in 
        anticipation of the project until all required environmental 
        reviews for the project have been completed.
            ``(3) Limitation.--The Secretary shall limit the size and 
        number of properties acquired under this subsection as 
        necessary to avoid any prejudice to the Secretary's objective 
        evaluation of project alternatives.
            ``(4) Exemption.--An acquisition under this section shall 
        be considered an exempt project under section 176 of the Clean 
        Air Act (42 U.S.C. 7506).
    ``(c) Railroad Corridor Preservation.--
            ``(1) In general.--The Secretary may assist an applicant to 
        acquire railroad right-of-way before the completion of the 
        environmental reviews for any project that may use the right-
        of-way if the acquisition is otherwise permitted under Federal 
        law. The Secretary may establish restrictions on such an 
        acquisition as the Secretary determines to be necessary and 
        appropriate.
            ``(2) Environmental reviews.--Railroad right-of-way 
        acquired under this subsection may not be developed in 
        anticipation of the project until all required environmental 
        reviews for the project have been completed.
    ``(d) Consideration of Economic, Social, and Environmental 
Interests.--
            ``(1) In general.--The Secretary may not approve an 
        application for financial assistance for a capital project 
        under this chapter unless the Secretary determines that the 
        project has been developed in accordance with the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). The 
        Secretary's findings under this paragraph shall be made a 
        matter of public record.
            ``(2) Cooperation and consultation.--In carrying out 
        section 5301(e), the Secretary shall cooperate and consult with 
        the Secretary of the Interior and the Administrator of the 
        Environmental Protection Agency on each project that may have a 
        substantial impact on the environment.''.
    (b) Conforming Amendment.--The item relating to section 5324 in the 
table of sections for chapter 53 is amended to read as follows:

``5324. Special provisions for capital projects.''.

SEC. 24. CONTRACT REQUIREMENTS.

    (a) In General.--Section 5325 is amended to read as follows:
``Sec. 5325. Contract requirements
    ``(a) Competition.--Recipients of assistance under this chapter 
shall conduct all procurement transactions in a manner that provides 
full and open competition as determined by the Secretary.
    ``(b) Architectural, Engineering, and Design Contracts.--
            ``(1) In general.--A contract or requirement for program 
        management, architectural engineering, construction management, 
        a feasibility study, and preliminary engineering, design, 
        architectural, engineering, surveying, mapping, or related 
        services for a project for which Federal assistance is provided 
        under this chapter shall be awarded in the same manner as a 
        contract for architectural and engineering services is 
        negotiated under chapter 11 of title 40, or an equivalent 
        qualifications-based requirement of a State. This subsection 
        does not apply to the extent a State has adopted or adopts by 
        law a formal procedure for procuring those services.
            ``(2) Additional requirements.--When awarding a contract 
        described in paragraph (1), recipients of assistance under this 
        chapter shall comply with the following requirements:
                    ``(A) Any contract or subcontract awarded under 
                this chapter shall be performed and audited in 
                compliance with cost principles contained in part 31 of 
                title 48, Code of Federal Regulations (commonly known 
                as the Federal Acquisition Regulation).
                    ``(B) A recipient of funds under a contract or 
                subcontract awarded under this chapter shall accept 
                indirect cost rates established in accordance with the 
                Federal Acquisition Regulation for 1-year applicable 
                accounting periods by a cognizant Federal or State 
                government agency, if such rates are not currently 
                under dispute.
                    ``(C) After a firm's indirect cost rates are 
                accepted under subparagraph (B), the recipient of the 
                funds shall apply such rates for the purposes of 
                contract estimation, negotiation, administration, 
                reporting, and contract payment, and shall not be 
                limited by administrative or de facto ceilings.
                    ``(D) A recipient requesting or using the cost and 
                rate data described in subparagraph (C) shall notify 
                any affected firm before such request or use. Such data 
                shall be confidential and shall not be accessible or 
                provided by the group of agencies sharing cost data 
                under this subparagraph, except by written permission 
                of the audited firm. If prohibited by law, such cost 
                and rate data shall not be disclosed under any 
                circumstances.
    ``(c) Efficient Procurement.--A recipient may award a procurement 
contract under this chapter to other than the lowest bidder if the 
award furthers an objective consistent with the purposes of this 
chapter, including improved long-term operating efficiency and lower 
long-term costs.
    ``(d) Design-Build Projects.--
            ``(1) Defined term.--As used in this subsection, the term 
        `design-build project'--
                    ``(A) means a project under which a recipient 
                enters into a contract with a seller, firm, or 
                consortium of firms to design and build an operable 
                segment of a public transportation system that meets 
                specific performance criteria; and
                    ``(B) may include an option to finance, or operate 
                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 for capital costs.--Federal 
        financial assistance under this chapter may be provided for the 
        capital costs of a design-build project after the recipient 
        complies with Government requirements.
    ``(e) Rolling Stock.--
            ``(1) Acquisition.--A recipient of financial assistance 
        under this chapter may enter into a contract to expend that 
        assistance to acquire rolling stock--
                    ``(A) with a party selected through a competitive 
                procurement process; or
                    ``(B) based on--
                            ``(i) initial capital costs; or
                            ``(ii) performance, standardization, life 
                        cycle costs, and other factors.
            ``(2) Multiyear contracts.--A recipient procuring rolling 
        stock with Federal financial assistance under this chapter may 
        make a multiyear contract, including options, to buy not more 
        than 5 years of requirements for rolling stock and replacement 
        parts. The Secretary shall allow a recipient to act on a 
        cooperative basis to procure rolling stock under this paragraph 
        and in accordance with other Federal procurement requirements.
    ``(f) Examination of Records.--Upon request, the Secretary and the 
Comptroller General, or any of their representatives, shall have access 
to and the right to examine and inspect all records, documents, and 
papers, including contracts, related to a project for which a grant is 
made under this chapter.
    ``(g) Grant Prohibition.--A grant awarded under this chapter may 
not be used to support a procurement that uses an exclusionary or 
discriminatory specification.
    ``(h) Bus Dealer Requirements.--No State law requiring buses to be 
purchased through in-State dealers shall apply to vehicles purchased 
with a grant under this chapter.
    ``(i) Awards to Responsible Contractors.--
            ``(1) In general.--Federal financial assistance under this 
        chapter may be provided for contracts only if a recipient 
        awards such contracts to responsible contractors possessing the 
        ability to successfully perform under the terms and conditions 
        of a proposed procurement.
            ``(2) Criteria.--Before making an award to a contractor 
        under paragraph (1), a recipient shall consider--
                    ``(A) the integrity of the contractor;
                    ``(B) the contractor's compliance with public 
                policy;
                    ``(C) the contractor's past performance, including 
                the performance reported in the Contractor Performance 
                Assessment Reports required under section 5309(m)(4); 
                and
                    ``(D) the contractor's financial and technical 
                resources.''.
    (b) Conforming Amendments.--Chapter 53 is amended by striking 
section 5326.

SEC. 25. PROJECT MANAGEMENT OVERSIGHT AND REVIEW.

    (a) Project Management Plan Requirements.--Section 5327(a) is 
amended--
            (1) in paragraph (11), by striking ``and'' at the end;
            (2) in paragraph (12), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(13) safety and security management.''.
    (b) Limitations on Use of Available Amounts.--Section 5327(c) is 
amended--
            (1) by amending paragraph (1) to read as follows:
            ``(1) In general.--The Secretary may not use more than 1 
        percent of amounts made available for a fiscal year to carry 
        out any of sections 5307 through 5311, 5316, or 5317, or a 
        project under the National Capital Transportation Act of 1969 
        (Public Law 91-143) to make a contract to oversee the 
        construction of major projects under any of sections 5307 
        through 5311, 5316, or 5317 or under that Act.''; and
            (2) in paragraph (2)--
                    (A) by striking ``(2)'' and inserting the 
                following:
            ``(2) Other allowable uses.--''; and
                    (B) by inserting ``and security'' after ``safety''.

SEC. 26. PROJECT REVIEW.

    Section 5328 is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1) by striking ``(1) When the 
                Secretary of Transportation allows a new fixed guideway 
                project to advance into the alternatives analysis stage 
                of project review, the Secretary shall cooperate with 
                the applicant'' and inserting the following:
            ``(1) Alternatives analysis.--The Secretary shall cooperate 
        with an applicant undertaking an alternatives analysis under 
        subsections (e) and (f) of section 5309'';
                    (B) in paragraph (2)--
                            (i) by striking ``(2)'' and inserting the 
                        following:
            ``(2) Advancement to preliminary engineering stage.--''; 
        and
                            (ii) by striking ``is consistent with'' and 
                        inserting ``meets the requirements of'';
                    (C) in paragraph (3)--
                            (i) by striking ``(3)'' and inserting the 
                        following:
            ``(3) Record of decision.--'';
                            (ii) by striking ``of construction''; and
                            (iii) by adding before the period at the 
                        end the following: ``if the Secretary 
                        determines that the project meets the 
                        requirements of subsection (e) or (f) of 
                        section 5309''; and
                    (D) by striking paragraph (4); and
            (2) by striking subsection (c).

SEC. 27. INVESTIGATIONS OF SAFETY AND SECURITY RISK.

    (a) In General.--Section 5329 is amended to read as follows:
``Sec. 5329. Investigation of safety hazards and security risks
    ``(a) In General.--The Secretary may conduct investigations into 
safety hazards and security risks associated with a condition in 
equipment, a facility, or an operation financed under this chapter to 
establish the nature and extent of the condition and how to eliminate, 
mitigate, or correct it.
    ``(b) Submission of Corrective Plan.--If the Secretary establishes 
that a safety hazard or security risk warrants further protective 
measures, 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 of Funds.--Financial assistance under this 
chapter, in an amount to be determined by the Secretary, may be 
withheld until a plan is approved and carried out.
    ``(d) Public Transportation Security.--
            ``(1) In general.--Not later than 90 days after the date of 
        enactment of the Federal Public Transportation Act of 2005, the 
        Secretary shall enter into a memorandum of understanding with 
        the Secretary of Homeland Security to define and clarify the 
        respective roles and responsibilities of the Department of 
        Transportation and the Department of Homeland Security relating 
        to public transportation security.
            ``(2) Contents.--The memorandum of understanding described 
        in paragraph (1) shall--
                    ``(A) establish national security standards for 
                public transportation agencies;
                    ``(B) establish funding priorities for grants from 
                the Department of Homeland Security to public 
                transportation agencies;
                    ``(C) create a method of coordination with public 
                transportation agencies on security matters; and
                    ``(D) address any other issues determined to be 
                appropriate by the Secretary and the Secretary of 
                Homeland Security.''.
    (b) Conforming Amendment.--The item relating to section 5329 in the 
table of sections for chapter 53 is amended to read as follows:

``5329. Investigation of safety hazards and security risks.''.

SEC. 28. STATE SAFETY OVERSIGHT.

    (a) In General.--Section 5330 is amended--
            (1) by amending the heading to read as follows:
``Sec. 5330. Withholding amounts for noncompliance with State safety 
              oversight requirements'';
            (2) by amending subsection (a) to read as follows:
    ``(a) Application.--This section shall only apply to--
            ``(1) States that have rail fixed guideway public 
        transportation systems that are not subject to regulation by 
        the Federal Railroad Administration; and
            ``(2) States that are designing rail fixed guideway public 
        transportation systems that will not be subjected to regulation 
        by the Federal Railroad Administration.'';
            (3) in subsection (d), by striking ``affected States'' and 
        inserting the following: ``affected States--
            ``(1) shall ensure uniform safety standards and 
        enforcement; or
            ``(2)''; and
            (4) in subsection (f), by striking ``Not later than 
        December 18, 1992, the'' and inserting ``The''.
    (b) Conforming Amendment.--The item relating to section 5330 in the 
table of sections for chapter 53 is amended to read as follows:

``5330. Withholding amounts for noncompliance with State safety 
                            oversight requirements.''.

SEC. 29. TERRORIST ATTACKS AND OTHER ACTS OF VIOLENCE AGAINST PUBLIC 
              TRANSPORTATION SYSTEMS.

    (a) In General.--Section 1993 of title 18, United States Code, is 
amended--
            (1) by striking ``mass'' each place it appears and 
        inserting ``public'';
            (2) in subsection (a)(5), by inserting ``controlling,'' 
        after ``operating''; and
            (3) in subsection (c)(5), by striking ``5302(a)(7) of title 
        49, United States Code,'' and inserting ``5302(a) of title 
        49,''.
    (b) Conforming Amendment.--The table of contents for chapter 97 of 
title 18, United States Code is amended by amending the item related to 
section 1993 to read as follows:

``1993. Terrorist attacks and other acts of violence against public 
                            transportation systems.''.

SEC. 30. CONTROLLED SUBSTANCES AND ALCOHOL MISUSE TESTING.

    Section 5331 is amended--
            (1) in subsection (a)(3), by inserting before the period at 
        the end the following: ``or sections 2303a, 7101(i), or 7302(e) 
        of title 46. The Secretary may also decide that a form of 
        public transportation 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 other Federal 
        agency''; and
            (2) in subsection (f), by striking paragraph (3).

SEC. 31. EMPLOYEE PROTECTIVE ARRANGEMENTS.

    Section 5333(b) is amended--
            (1) in paragraph (3), by striking the period at the end and 
        inserting ``: Provided, That--
            ``(A) the protective period shall not exceed 4 years; and
            ``(B) the separation allowance shall not exceed 12 
        months.''; and
            (2) by adding at the end the following:
    ``(4) An arrangement under this subsection shall not guarantee 
continuation of employment as a result of a change in private 
contractors through competitive bidding unless such continuation is 
otherwise required under subparagraph (A), (B), or (D) of paragraph 
(2).
    ``(5) Fair and equitable arrangements to protect the interests of 
employees utilized by the Secretary of Labor for assistance to purchase 
like-kind equipment or facilities, and amendments to existing 
assistance agreements, shall be certified without referral.
    ``(6) Nothing in this subsection shall affect the level of 
protection provided to freight railroad employees.''.

SEC. 32. ADMINISTRATIVE PROCEDURES.

    Section 5334 is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``5309-5311 of 
                this title'' and all that follows and inserting ``5309 
                through 5311;'';
                    (B) in paragraph (9), by striking ``and'' at the 
                end;
                    (C) in paragraph (10), by striking the period at 
                the end and inserting ``; and''; and
                    (D) by inserting at the end the following:
            ``(11) issue regulations as necessary to carry out the 
        purposes of this chapter.'';
            (2) by redesignating subsections (b), (c), (d), (e), (f), 
        (g), (h), (i), and (j) as subsections (c), (d), (e), (f), (g), 
        (h), (i), (j), and (k), respectively;
            (3) by adding after subsection (a) the following:
    ``(b) Prohibitions Against Regulating Operations and Charges.--
            ``(1) In general.--Except as directed by the President for 
        purposes of national defense or in the event of a national or 
        regional emergency, the Secretary may not regulate--
                    ``(A) the operation, routes, or schedules of a 
                public transportation system for which a grant is made 
                under this chapter; or
                    ``(B) the rates, fares, tolls, rentals, or other 
                charges prescribed by any public or private 
                transportation provider.
            ``(2) Compliance with agreement.--Nothing in this 
        subsection shall prevent the Secretary from requiring a 
        recipient of funds under this chapter to comply with the terms 
        and conditions of its Federal assistance agreement.''; and
            (4) in subsection (j)(1), as redesignated, by striking 
        ``carry out section 5312(a) and (b)(1) of this title'' and 
        inserting ``advise and assist the Secretary in carrying out 
        section 5312(a)''.

SEC. 33. REPORTS AND AUDITS.

    Section 5335 is amended--
            (1) by striking subsection (b); and
            (2) in subsection (a)--
                    (A) in paragraph (1), by striking ``(1)''; and
                    (B) in paragraph (2), by striking ``(2) The 
                Secretary may make a grant under section 5307 of this 
                title'' and inserting the following:
    ``(b) Reporting and Uniform Systems.--The Secretary may award a 
grant under section 5307 or 5311''.

SEC. 34. APPORTIONMENTS OF APPROPRIATIONS FOR FORMULA GRANTS.

    Section 5336 is amended--
            (1) by striking subsections (d), (h), and (k);
            (2) by redesignating subsections (a) through (c) as 
        subsections (b) through (d), respectively;
            (3) by redesignating subsection (i) and (j) as subsection 
        (h) and (i) respectively;
            (4) by adding before subsection (b), as redesignated, the 
        following:
    ``(a) Apportionments.--Of the amounts made available for each 
fiscal year under subsections (a)(1)(C)(vi) and (b)(2)(L) of section 
5338--
            ``(1) there shall be apportioned, in fiscal year 2006 and 
        each fiscal year thereafter, $35,000,000 to certain urbanized 
        areas with populations of less than 200,000 in accordance with 
        subsection (k); and
            ``(2) any amount not apportioned under paragraph (1) shall 
        be apportioned to urbanized areas in accordance with 
        subsections (b) through (d).'';
            (5) in subsection (b), as redesignated--
                    (A) by striking ``Of the amount made available or 
                appropriated under section 5338(a) of this title'' and 
                inserting ``Of the amount apportioned under subsection 
                (a)(3)''; and
                    (B) in paragraph (2), by striking ``subsections (b) 
                and (c) of this section'' and inserting ``subsections 
                (c) and (d)'';
            (6) in subsection (c)(2), as redesignated, by striking 
        ``subsection (a)(2) of this section'' and inserting 
        ``subsection (b)(2)'';
            (7) in subsection (d), as redesignated, by striking 
        ``subsection (a)(2) of this section'' and inserting 
        ``subsection (b)(2)'';
            (8) in subsection (e)(1), by striking ``subsections (a) and 
        (h)(2) of section 5338 of this title'' and inserting 
        ``subsections (a) and (b) of section 5338'';
            (9) in subsection (g), by striking ``subsection (a)(1) of 
        this section'' each place it appears and inserting ``subsection 
        (b)(1)''; and
            (10) by adding at the end the following:
    ``(j) Small Transit Intensive Cities Factors.--The amount 
apportioned under subsection (a)(1) shall be apportioned to urbanized 
areas as follows:
            ``(1) The Secretary shall calculate a factor equal to the 
        sum of revenue vehicle hours operated within urbanized areas 
        with a population of between 200,000 and 1,000,000 divided by 
        the sum of the population of all such urbanized areas.
            ``(2) The Secretary shall designate as eligible for an 
        apportionment under this subsection all urbanized areas with a 
        population of under 200,000 for which the number of revenue 
        vehicle hours operated within the urbanized area divided by the 
        population of the urbanized area exceeds the factor calculated 
        under paragraph (1).
            ``(3) For each urbanized area qualifying for an 
        apportionment under paragraph (2), the Secretary shall 
        calculate an amount equal to the product of the population of 
        that urbanized area and the factor calculated under paragraph 
        (1).
            ``(4) For each urbanized area qualifying for an 
        apportionment under paragraph (2), the Secretary shall 
        calculate an amount equal to the difference between the number 
        of revenue vehicle hours within that urbanized area less the 
        amount calculated in paragraph (3).
            ``(5) Each urbanized area qualifying for an apportionment 
        under paragraph (2) shall receive an amount equal to the amount 
        to be apportioned under this subsection multiplied by the 
        amount calculated for that urbanized area under paragraph (4) 
        divided by the sum of the amounts calculated under paragraph 
        (4) for all urbanized areas qualifying for an apportionment 
        under paragraph (2).
    ``(k) Study on Incentives in Formula Programs.--
            ``(1) Study.--The Secretary shall conduct a study to assess 
        the feasibility and appropriateness of developing and 
        implementing an incentive funding system under sections 5307 
        and 5311 for operators of public transportation.
            ``(2) Report.--
                    ``(A) In general.--Not later than 1 year after the 
                date of enactment of the Federal Public Transportation 
                Act of 2005, the Secretary shall submit a report on the 
                results of the study conducted under paragraph (1) to 
                the Committee on Banking, Housing, and Urban Affairs of 
                the Senate and the Committee on Transportation and 
                Infrastructure of the House of Representatives.
                    ``(B) Contents.--The report submitted under 
                subparagraph (A) shall include--
                            ``(i) an analysis of the availability of 
                        appropriate measures to be used as a basis for 
                        the distribution of incentive payments;
                            ``(ii) the optimal number and size of any 
                        incentive programs;
                            ``(iii) what types of systems should 
                        compete for various incentives;
                            ``(iv) how incentives should be 
                        distributed; and
                            ``(v) the likely effects of the incentive 
                        funding system.''.

SEC. 35. APPORTIONMENTS FOR FIXED GUIDEWAY MODERNIZATION.

    Section 5337 is amended--
            (1) in subsection (a), by striking ``for each of fiscal 
        years 1998 through 2003''; and
            (2) by striking ``section 5336(b)(2)(A)'' each place it 
        appears and inserting ``section 5336(c)(2)(A)''.

SEC. 36. AUTHORIZATIONS.

    Section 5338 is amended to read as follows:
``Sec. 5338. Authorizations
    ``(a) Fiscal Year 2005.--
            ``(1) Formula grants.--
                    ``(A) Trust fund.--For fiscal year 2005, 
                $3,499,927,776 shall be available from the Mass Transit 
                Account of the Highway Trust Fund to carry out sections 
                5307, 5309, 5310, and 5311 of this chapter and section 
                3038 of the Transportation Equity Act for the 21st 
                Century (49 U.S.C. 5310 note).
                    ``(B) General fund.--In addition to the amounts 
                made available under subparagraph (A), there are 
                authorized to be appropriated $499,989,824 for fiscal 
                year 2005 to carry out sections 5307, 5309, 5310, and 
                5311 of this chapter and section 3038 of the 
                Transportation Equity Act for the 21st Century (49 
                U.S.C. 5310 note).
                    ``(C) Allocation of funds.--Of the amounts made 
                available or appropriated under this paragraph--
                            ``(i) $4,811,150 shall be available to the 
                        Alaska Railroad for improvements to its 
                        passenger operations under section 5307;
                            ``(ii) $6,894,400 shall be available to 
                        provide over-the-road bus accessibility grants 
                        under section 3038 of the Transportation Equity 
                        Act for the 21st Century (49 U.S.C. 5310 note);
                            ``(iii) $94,526,689 shall be available to 
                        provide transportation services to elderly 
                        individuals and individuals with disabilities 
                        under section 5310;
                            ``(iv) $173,040,330 shall be available to 
                        provide financial assistance for other than 
                        urbanized areas under section 5311;
                            ``(v) $3,325,048,327 shall be available to 
                        provide financial assistance for urbanized 
                        areas under section 5307;
                            ``(vi) $49,600,000 shall be available to 
                        provide financial assistance for buses and bus 
                        facilities under section 5309; and
                            ``(vii) $345,996,704 shall be allocated in 
                        accordance with section 5340 to provide 
                        financial assistance for urbanized areas under 
                        section 5307 and other than urbanized areas 
                        under section 5311.''.
            ``(2) Job access and reverse commute.--
                    ``(A) Trust fund.--For fiscal year 2005, 
                $108,500,000 shall be available from the Mass Transit 
                Account of the Highway Trust Fund to carry out section 
                3037 of the Transportation Equity Act for the 21st 
                Century (49 U.S.C. 5309 note).
                    ``(B) General fund.--In addition to the amounts 
                made available under paragraph (A), there are 
                authorized to be appropriated $15,500,000 for fiscal 
                year 2005 to carry out section 3037 of the 
                Transportation Equity Act of the 21st Century (49 
                U.S.C. 5309 note).
            ``(3) Capital program grants.--
                    ``(A) Trust fund.--For fiscal year 2005, 
                $2,898,100,224 shall be available from the Mass Transit 
                Account of the Highway Trust Fund to carry out section 
                5309.
                    ``(B) General fund.--In addition to the amounts 
                made available under subparagraph (A), there are 
                authorized to be appropriated $414,014,176 for fiscal 
                year 2005 to carry out section 5309.
            ``(4) Planning.--
                    ``(A) Trust fund.--For fiscal year 2005, 
                $63,364,000 shall be available from the Mass Transit 
                Account of the Highway Trust Fund to carry out section 
                5308.
                    ``(B) General fund.--In addition to the amounts 
                made available under subparagraph (A), there are 
                authorized to be appropriated $9,052,000 for fiscal 
                year 2005 to carry out section 5308.
                    ``(C) Allocation of funds.--Of the amounts made 
                available or appropriated under this paragraph--
                            ``(i) 82.72 percent shall be allocated for 
                        metropolitan planning under section 5308(c); 
                        and
                            ``(ii) 17.28 percent shall be allocated for 
                        State planning under section 5308(d).
            ``(5) Research.--
                    ``(A) Trust fund.--For fiscal year 2005, 
                $47,740,000 shall be available from the Mass Transit 
                Account of the Highway Trust Fund to carry out sections 
                5311(b), 5312, 5313, 5314, 5315, and 5322.
                    ``(B) General fund.--In addition to the amounts 
                made available under subparagraph (A), there are 
                authorized to be appropriated $6,820,000 for fiscal 
                year 2005 to carry out sections 5311(b), 5312, 5313, 
                5314, 5315, and 5322.
                    ``(C) Allocation of funds.--Of the funds made 
                available or appropriated under this paragraph--
                            ``(i) not less than $3,968,000 shall be 
                        available to carry out programs of the National 
                        Transit Institute under section 5315;
                            ``(ii) not less than $5,208,000 shall be 
                        available to carry out section 5311(b)(2);
                            ``(iii) not less than $8,184,000 shall be 
                        available to carry out section 5313; and
                            ``(iv) the remainder shall be available to 
                        carry out national research and technology 
                        programs under sections 5312, 5314, and 5322.
            ``(6) University transportation research.--
                    ``(A) Trust fund.--For fiscal year 2005, $5,208,000 
                shall be available from the Mass Transit Account of the 
                Highway Trust Fund to carry out sections 5505 and 5506.
                    ``(B) General fund.--In addition to amounts made 
                available under subparagraph (A), there are authorized 
                to be appropriated $744,000 for fiscal year 2005 to 
                carry out sections 5505 and 5506.
                    ``(C) Allocation of funds.--Of the amounts made 
                available or appropriated under this paragraph--
                            ``(i) $1,984,000 shall be available for 
                        grants under 5506(f)(5) to the institution 
                        identified in section 5505(j)(3)(E), as in 
                        effect on the day before the date of enactment 
                        of the Federal Public Transportation Act of 
                        2005;
                            ``(ii) $1,984,000 shall be available for 
                        grants under section 5505(d) to the institution 
                        identified in section 5505(j)(4)(A), as in 
                        effect on the date specified in clause (i); and
                            ``(iii) $1,984,000 shall be available for 
                        grants under section 5505(d) to the institution 
                        identified in section 5505(j)(4)(F), as in 
                        effect on the date specified in subclause (I).
                    ``(D) Special rule.--Nothing in this paragraph 
                shall be construed to limit the transportation research 
                conducted by the centers receiving financial assistance 
                under this section.
            ``(7) Administration.--
                    ``(A) Trust fund.--For fiscal year 2005, 
                $67,704,000 shall be available from the Mass Transit 
                Account of the Highway Trust Fund to carry out section 
                5334.
                    ``(B) General fund.--In addition to amounts made 
                available under subparagraph (A), there are authorized 
                to be appropriated $9,672,000 for fiscal year 2005 to 
                carry out section 5334.
            ``(8) Grants as contractual obligations.--
                    ``(A) Grants financed from highway trust fund.--A 
                grant or contract that is approved by the Secretary and 
                financed with amounts made available under paragraph 
                (1)(A), (2)(A), (3)(A), (4)(A), (5)(A), (6)(A), or 
                (7)(A) is a contractual obligation of the United States 
                Government to pay the Federal share of the cost of the 
                project.
                    ``(B) Grants financed from general fund.--A grant 
                or contract that is approved by the Secretary and 
                financed with amounts appropriated in advance under 
                paragraph (1)(B), (2)(B), (3)(B), (4)(B), (5)(B), 
                (6)(B), or (7)(B) is a contractual obligation of the 
                United States Government to pay the Federal share of 
                the cost of the project only to the extent that amounts 
                are appropriated for such purpose by an Act of 
                Congress.
            ``(9) Availability of Amounts.--Amounts made available or 
        appropriated under paragraphs (1) through (6) shall remain 
        available until expended.''.
    ``(b) Formula Grants and Research.--
            ``(1) In general.--There shall be available from the Mass 
        Transit Account of the Highway Trust Fund to carry out sections 
        5307, 5308, 5309, 5310 through 5316, 5322, 5335, 5340, and 5505 
        of this title, and sections 3037 and 3038 of the Federal 
        Transit Act of 1998 (112 Stat. 387 et seq.)--
                    ``(A) $5,943,059,000 for fiscal year 2006;
                    ``(B) $6,279,868,000 for fiscal year 2007;
                    ``(C) $6,862,064,000 for fiscal year 2008; and
                    ``(D) $7,476,967,000 for fiscal year 2009.
            ``(2) Allocation of funds.--Of the amounts made available 
        under paragraph (1) for each fiscal year--
                    ``(A) 0.092 percent shall be available for grants 
                to the Alaska Railroad under section 5307 for 
                improvements to its passenger operations;
                    ``(B) 1.75 percent shall be available to carry out 
                section 5308;
                    ``(C) 2.05 percent shall be available to provide 
                financial assistance for job access and reverse commute 
                projects under section 3037 of the Federal Transit Act 
                of 1998 (49 U.S.C. 5309 note);
                    ``(D) 3.00 percent shall be available to provide 
                financial assistance for services for elderly persons 
                and persons with disabilities under section 5310;
                    ``(E) 0.125 percent shall be available to carry out 
                section 3038 of the Transportation Equity Act for the 
                21st Century (49 U.S.C. 5310 note);
                    ``(F) 6.25 percent shall be available to provide 
                financial assistance for other than urbanized areas 
                under section 5311;
                    ``(G) 0.89 percent shall be available to carry out 
                transit cooperative research programs under section 
                5313, the National Transit Institute under section 
                5315, university research centers under section 5505, 
                and national research programs under sections 5312, 
                5313, 5314, and 5322, of which--
                            ``(i) 17.0 percent shall be allocated to 
                        carry out transit cooperative research programs 
                        under section 5313;
                            ``(ii) 7.5 percent shall be allocated to 
                        carry out programs under the National Transit 
                        Institute under section 5315, including not 
                        more than $1,000,000 to carry out section 
                        5315(a)(16);
                            ``(iii) 11.0 percent shall be allocated to 
                        carry out the university centers program under 
                        section 5505; and
                            ``(iv) any funds made available under this 
                        subparagraph that are not allocated under 
                        clauses (i) through (iii) shall be allocated to 
                        carry out national research programs under 
                        sections 5312, 5313, 5314, and 5322;
                    ``(H) $25,000,000 shall be available for each of 
                the fiscal years 2006 through 2009 to carry out section 
                5316;
                    ``(I) there shall be available to carry out section 
                5335--
                            ``(i) $3,900,000 in fiscal year 2006;
                            ``(ii) $4,200,000 in fiscal year 2007;
                            ``(iii) $4,600,000 in fiscal year 2008; and
                            ``(iv) $5,000,000 in fiscal year 2009;
                    ``(J) 6.25 percent shall be allocated in accordance 
                with section 5340 to provide financial assistance for 
                urbanized areas under section 5307 and other than 
                urbanized areas under section 5311;
                    ``(K) 22.0 percent shall be allocated in accordance 
                with section 5337 to provide financial assistance under 
                section 5309(i)(3); and
                    ``(L) any amounts not made available under 
                subparagraphs (A) through (K) shall be allocated in 
                accordance with section 5336 to provide financial 
                assistance for urbanized areas under section 5307.
            ``(3) University centers program.--
                    ``(A) Allocation.--Of the amounts allocated under 
                paragraph (2)(G)(iii), $1,000,000 shall be available in 
                each of the fiscal years 2006 through 2009 for Morgan 
                State University to provide transportation research, 
                training, and curriculum development.
                    ``(B) Requirements.--The university specified under 
                subparagraph (A) shall be considered a University 
                Transportation Center under section 510 of title 23, 
                and shall be subject to the requirements under 
                subsections (c), (d), (e), and (f) of such section.
                    ``(C) Report.--In addition to the report required 
                under section 510(e)(3) of title 23, the university 
                specified under subparagraph (A) shall annually submit 
                a report to the Secretary that describes the 
                university's contribution to public transportation.
            ``(4) Bus grants.--In addition to the amounts made 
        available under paragraph (1), there shall be available from 
        the Mass Transit Account of the Highway Trust Fund to carry out 
        section 5309(i)(2)(B)--
                    ``(A) $796,977,000 for fiscal year 2006;
                    ``(B) $842,144,000 for fiscal year 2007;
                    ``(C) $920,218,000 for fiscal year 2008; and
                    ``(D) $1,002,678,000 for fiscal year 2009.
    ``(c) Major Capital Investment Grants.--There are authorized to be 
appropriated to carry out section 5309(i)(2)(A)--
            ``(1) $1,386,523,000 for fiscal year 2006;
            ``(2) $1,465,100,000 for fiscal year 2007;
            ``(3) $1,600,927,000 for fiscal year 2008; and
            ``(4) $1,744,385,000 for fiscal year 2009.
    ``(d) Administration.--There shall be available from the Mass 
Transit Account of the Highway Trust Fund to carry out section 5334--
            ``(1) $82,086,000 for fiscal year 2006;
            ``(2) $86,738,000 for fiscal year 2007;
            ``(3) $94,779,000 for fiscal year 2008; and
            ``(4) $103,273,000 for fiscal year 2009.
    ``(e) Grants as Contractual Obligations.--
            ``(1) Mass transit account funds.--A grant or contract 
        approved by the Secretary that is financed with amounts made 
        available under subsection (b)(1), (b)(4), or (d) is a 
        contractual obligation of the United States Government to pay 
        the Federal share of the cost of the project.
            ``(2) Appropriated funds.--A grant or contract approved by 
        the Secretary that is financed with amounts made available 
        under subsection (c) is a contractual obligation of the United 
        States Government to pay the Federal share of the cost of the 
        project only to the extent that amounts are appropriated in 
        advance for such purpose by an Act of Congress.
    ``(f) Availability of Amounts.--Amounts made available by or 
appropriated under subsections (b) and (c) shall remain available until 
expended.''.

SEC. 37. APPORTIONMENTS BASED ON GROWING STATES FORMULA FACTORS.

    (a) In General.--Chapter 53 is amended by adding at the end the 
following:
``Sec. 5340. Apportionments based on growing States and high density 
              State formula factors
    ``(a) Definition.--In this section, the term `State' shall mean 
each of the 50 States of the United States.
    ``(b) Allocation.--Of the amounts made available for each fiscal 
year under section 5338(b)(2)(J), the Secretary shall apportion--
            ``(1) 50 percent to States and urbanized areas in 
        accordance with subsection (c); and
            ``(2) 50 percent to States and urbanized areas in 
        accordance with subsection (d).
    ``(c) Growing State Apportionments.--
            ``(1) Apportionment among states.--The amounts apportioned 
        under subsection (b)(1) shall provide each State with an amount 
        equal to the total amount apportioned multiplied by a ratio 
        equal to the population of that State forecast for the year 
        that is 15 years after the most recent decennial census, 
        divided by the total population of all States forecast for the 
        year that is 15 years after the most recent decennial census. 
        Such forecast shall be based on the population trend for each 
        State between the most recent decennial census and the most 
        recent estimate of population made by the Secretary of 
        Commerce.
            ``(2) Apportionments between urbanized areas and other than 
        urbanized areas in each state.--
                    ``(A) In general.--The Secretary shall apportion 
                amounts to each State under paragraph (1) so that 
                urbanized areas in that State receive an amount equal 
                to the amount apportioned to that State multiplied by a 
                ratio equal to the sum of the forecast population of 
                all urbanized areas in that State divided by the total 
                forecast population of that State. In making the 
                apportionment under this subparagraph, the Secretary 
                shall utilize any available forecasts made by the 
                State. If no forecasts are available, the Secretary 
                shall utilize data on urbanized areas and total 
                population from the most recent decennial census.
                    ``(B) Remaining amounts.--Amounts remaining for 
                each State after apportionment under subparagraph (A) 
                shall be apportioned to that State and added to the 
                amount made available for grants under section 5311.
            ``(3) Apportionments among urbanized areas in each state.--
        The Secretary shall apportion amounts made available to 
        urbanized areas in each State under paragraph (2)(A) so that 
        each urbanized area receives an amount equal to the amount 
        apportioned under paragraph (2)(A) multiplied by a ratio equal 
        to the population of each urbanized area divided by the sum of 
        populations of all urbanized areas in the State. Amounts 
        apportioned to each urbanized area shall be added to amounts 
        apportioned to that urbanized area under section 5336, and made 
        available for grants under section 5307.
    ``(d) High Density State Apportionments.--Amounts to be apportioned 
under subsection (b)(2) shall be apportioned as follows:
            ``(1) Eligible states.--The Secretary shall designate as 
        eligible for an apportionment under this subsection all States 
        with a population density in excess of 370 persons per square 
        mile.
            ``(2) State urbanized land factor.--For each State 
        qualifying for an apportionment under paragraph (1), the 
        Secretary shall calculate an amount equal to--
                    ``(A) the total land area of the State (in square 
                miles); multiplied by
                    ``(B) 370; multiplied by
                    ``(C)(i) the population of the State in urbanized 
                areas; divided by
                    ``(ii) the total population of the State.
            ``(3) State apportionment factor.--For each State 
        qualifying for an apportionment under paragraph (1), the 
        Secretary shall calculate an amount equal to the difference 
        between the total population of the State less the amount 
        calculated in paragraph (2).
            ``(4) State apportionment.--Each State qualifying for an 
        apportionment under paragraph (1) shall receive an amount equal 
        to the amount to be apportioned under this subsection 
        multiplied by the amount calculated for the State under 
        paragraph (3) divided by the sum of the amounts calculated 
        under paragraph (3) for all States qualifying for an 
        apportionment under paragraph (1).
            ``(5) Apportionments between urbanized areas and other than 
        urbanized areas in each state.--
                    ``(A) In general.--The Secretary shall apportion 
                amounts apportioned to each State under paragraph (4) 
                so that urbanized areas in that State receive an amount 
                equal to the amount apportioned to that State 
                multiplied by a ratio equal to the sum of the 
                population of all urbanized areas in that State divided 
                by the total population of that State.
                    ``(B) Remaining amounts.--Amounts remaining for 
                each State after apportionment under subparagraph (a) 
                shall be apportioned to that State and added to the 
                amount made available for grants under section 5311.
            ``(6) Apportionments among urbanized areas in each state.--
        The Secretary shall apportion amounts made available to 
        urbanized areas in each State under paragraph (5)(A) so that 
        each urbanized area receives an amount equal to the amount 
        apportioned under paragraph (5)(A) multiplied by a ratio equal 
        to the population of each urbanized area divided by the sum of 
        populations of all urbanized areas in the State. Amounts 
        apportioned to each urbanized area shall be added to amounts 
        apportioned to that urbanized area under section 5336, and made 
        available for grants under section 5307.''.
    (b) Conforming Amendment.--The table of sections for chapter 53 is 
amended by adding at the end the following:

``5340. Apportionments based on growing States and high density States 
                            formula factors.''.

SEC. 38. JOB ACCESS AND REVERSE COMMUTE GRANTS.

    Section 3037 of the Federal Transit Act of 1998 (49 U.S.C. 5309 
note) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) by striking ``means an individual'' and 
                        inserting the following: ``means--
                    ``(A) an individual''; and
                            (ii) by striking the period at the end and 
                        inserting ``; or
                    ``(B) an individual who is eligible for assistance 
                under the State program of Temporary Assistance to 
                Needy Families funded under part A of title IV of the 
                Social Security Act (42 U.S.C. 601 et. seq.) in the 
                State in which the recipient of a grant under this 
                section is located.''; and
                    (B) in paragraph (2), by striking ``development 
                of'' each place it appears and inserting ``development 
                and provision of'';
            (2) in subsection (i), by amending paragraph (2) to read as 
        follows:
            ``(2) Coordination.--
                    ``(A) In general.--The Secretary shall coordinate 
                activities under this section with related activities 
                under programs of other Federal departments and 
                agencies.
                    ``(B) Certification.--A recipient of funds under 
                this section shall certify that--
                            ``(i) the project has been derived from a 
                        locally developed, coordinated public transit 
                        human services transportation plan; and
                            ``(ii) 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.'';
            (3) by amending subsection (j) to read as follows:
    ``(j) Grant Requirements.--
            ``(1) In general.--
                    ``(A) Urbanized areas.--A grant awarded under this 
                section to a public agency or private company engaged 
                in public transportation in an urbanized area shall be 
                subject to the all of the terms and conditions to which 
                a grant awarded under section 5307 of title 49, United 
                States Code, is subject, to the extent the Secretary 
                considers appropriate.
                    ``(B) Other than urbanized areas.--A grant awarded 
                under this section to a public agency or a private 
                company engaged in public transportation in an area 
                other than urbanized areas shall be subject to all of 
                the terms and conditions to which a grant awarded under 
                section 5311 of title 49, United States Code, is 
                subject, to the extent the Secretary considers 
                appropriate.
                    ``(C) Nonprofit organizations.--A grant awarded 
                under this section to a private nonprofit organization 
                shall be subject to all of the terms and conditions to 
                which a grant made under section 5310 of title 49, 
                United States Code, is subject, to the extent the 
                Secretary considers appropriate.
            ``(2) Special warranty.--
                    ``(A) In general.--Section 5333(b) of title 49, 
                United States Code, shall apply to grants under this 
                section if the Secretary of Labor utilizes a Special 
                Warranty that provides a fair and equitable arrangement 
                to protect the interests of employees.
                    ``(B) Waiver.--The Secretary may waive the 
                applicability of the Special Warranty under 
                subparagraph (A) for private non-profit recipients on a 
                case-by-case basis as the Secretary considers 
                appropriate.''; and
            (4) by striking subsections (k) and (l).

SEC. 39. OVER-THE-ROAD BUS ACCESSIBILITY PROGRAM.

    (a) Section Heading.--The section heading for section 3038 of the 
Federal Transit Act of 1998 (49 U.S.C. 5310 note), is amended to read 
as follows:

``SEC. 3038. OVER-THE-ROAD BUS ACCESSIBILITY PROGRAM.''.

    (b) Funding.--Section 3038(g) of the Federal Transit Act of 1998 
(49 U.S.C. 5310 note) is amended to read as follows:
    ``(g) Funding.--Of the amounts made available for each fiscal year 
under subsections (a)(1)(C)(iii) and (b)(2)(E) of section 5338 of title 
49, United States Code--
            ``(1) 75 percent shall be available, and shall remain 
        available until expended, for operators of over-the-road buses, 
        used substantially or exclusively in intercity, fixed-route 
        over-the-road bus service, to finance the incremental capital 
        and training costs of the Department of Transportation's final 
        rule regarding accessibility of over-the-road buses; and
            ``(2) 25 percent shall be available, and shall remain 
        available until expended, for operators of over-the-road bus 
        service not described in paragraph (1), to finance the 
        incremental capital and training costs of the Department of 
        Transportation's final rule regarding accessibility of over-
        the-road buses.''.
    (c) Conforming Amendment.--The item relating to section 3038 in the 
table of contents for the Transportation Equity Act for the 21st 
Century (Public Law 105-178) is amended to read as follows:

``Sec. 3038. Over-the-road bus accessibility program.''.

SEC. 40. ALTERNATIVE TRANSPORTATION IN PARKS AND PUBLIC LANDS.

    (a) In General.--Chapter 53 is amended by inserting after section 
5315 the following:
``Sec. 5316. Alternative transportation in parks and public lands
    ``(a) In General.--
            ``(1) Authorization.--
                    ``(A) In general.--The Secretary, in consultation 
                with the Secretary of the Interior, may award a grant 
                or enter into a contract, cooperative agreement, 
                interagency agreement, intraagency agreement, or other 
                transaction to carry out a qualified project under this 
                section to enhance the protection of America's National 
                Parks and public lands and increase the enjoyment of 
                those visiting the parks and public lands by ensuring 
                access to all, including persons with disabilities, 
                improving conservation and park and public land 
                opportunities in urban areas through partnering with 
                state and local governments, and improving park and 
                public land transportation infrastructure.
                    ``(B) Consultation with other agencies.--To the 
                extent that projects are proposed or funded in eligible 
                areas that are not within the jurisdiction of the 
                Department of the Interior, the Secretary of the 
                Interior shall consult with the heads of the relevant 
                Federal land management agencies in carrying out the 
                responsibilities under this section.
            ``(2) Use of funds.--A grant, cooperative agreement, 
        interagency agreement, intraagency agreement, or other 
        transaction for a qualified project under this section shall be 
        available to finance the leasing of equipment and facilities 
        for use in public transportation, subject to any regulation 
        that the Secretary may prescribe limiting the grant or 
        agreement to leasing arrangements that are more cost-effective 
        than purchase or construction.
    ``(b) Definitions.--In this section, the following definitions 
shall apply:
            ``(1) Eligible area.--The term `eligible area' means any 
        federally owned or managed park, refuge, or recreational area 
        that is open to the general public, including--
                    ``(A) a unit of the National Park System;
                    ``(B) a unit of the National Wildlife Refuge 
                System;
                    ``(C) a recreational area managed by the Bureau of 
                Land Management; and
                    ``(D) a recreation area managed by the Bureau of 
                Reclamation.
            ``(2) Federal land management agency.--The term `Federal 
        land management agency' means a Federal agency that manages an 
        eligible area.
            ``(3) Alternative transportation.--The term `alternative 
        transportation' means transportation by bus, rail, or any other 
        publicly or privately owned conveyance that provides to the 
        public general or special service on a regular basis, including 
        sightseeing service.
            ``(4) Qualified participant.--The term `qualified 
        participant' means--
                    ``(A) a Federal land management agency; or
                    ``(B) a State, tribal, or local governmental 
                authority with jurisdiction over land in the vicinity 
                of an eligible area acting with the consent of the 
                Federal land management agency, alone or in partnership 
                with a Federal land management agency or other 
                Governmental or nongovernmental participant.
            ``(5) Qualified project.--The term `qualified project' 
        means a planning or capital project in or in the vicinity of an 
        eligible area that--
                    ``(A) is an activity described in section 5302, 
                5303, 5304, 5308, or 5309(a)(1)(A);
                    ``(B) involves--
                            ``(i) the purchase of rolling stock that 
                        incorporates clean fuel technology or the 
                        replacement of buses of a type in use on the 
                        date of enactment of this section with clean 
                        fuel vehicles; or
                            ``(ii) the deployment of alternative 
                        transportation vehicles that introduce 
                        innovative technologies or methods;
                    ``(C) relates to the capital costs of coordinating 
                the Federal land management agency public 
                transportation systems with other public transportation 
                systems;
                    ``(D) provides a nonmotorized transportation system 
                (including the provision of facilities for pedestrians, 
                bicycles, and nonmotorized watercraft);
                    ``(E) provides waterborne access within or in the 
                vicinity of an eligible area, as appropriate to and 
                consistent with this section; or
                    ``(F) is any other alternative transportation 
                project that--
                            ``(i) enhances the environment;
                            ``(ii) prevents or mitigates an adverse 
                        impact on a natural resource;
                            ``(iii) improves Federal land management 
                        agency resource management;
                            ``(iv) improves visitor mobility and 
                        accessibility and the visitor experience;
                            ``(v) reduces congestion and pollution 
                        (including noise pollution and visual 
                        pollution); or
                            ``(vi) conserves a natural, historical, or 
                        cultural resource (excluding rehabilitation or 
                        restoration of a non-transportation facility).
    ``(c) Federal Agency Cooperative Arrangements.--The Secretary shall 
develop cooperative arrangements with the Secretary of the Interior 
that provide for--
            ``(1) technical assistance in alternative transportation;
            ``(2) interagency and multidisciplinary teams to develop 
        Federal land management agency alternative transportation 
        policy, procedures, and coordination; and
            ``(3) the development of procedures and criteria relating 
        to the planning, selection, and funding of qualified projects 
        and the implementation and oversight of the program of projects 
        in accordance with this section.
    ``(d) Limitation on Use of Available Amounts.--
            ``(1) In general.--The Secretary, in consultation with the 
        Secretary of the Interior, may use not more than 10 percent of 
        the amount made available for a fiscal year under section 
        5338(b)(2)(H) to carry out planning, research, and technical 
        assistance under this section, including the development of 
        technology appropriate for use in a qualified project.
            ``(2) Additional amounts.--Amounts made available under 
        this subsection are in addition to amounts otherwise available 
        to the Secretary to carry out planning, research, and technical 
        assistance under this title or any other provision of law.
            ``(3) Maximum amount.--No qualified project shall receive 
        more than 12 percent of the total amount made available to 
        carry out this section under section 5338(b)(2)(H) for any 
        fiscal year.
    ``(e) Planning Process.--In undertaking a qualified project under 
this section--
            ``(1) if the qualified participant is a Federal land 
        management agency--
                    ``(A) the Secretary, in cooperation with the 
                Secretary of the Interior, shall develop transportation 
                planning procedures that are consistent with--
                            ``(i) the metropolitan planning provisions 
                        under section 5303 of this title;
                            ``(ii) the statewide planning provisions 
                        under section 5304 of this title; and
                            ``(iii) the public participation 
                        requirements under section 5307(e); and
                    ``(B) in the case of a qualified project that is at 
                a unit of the National Park system, the planning 
                process shall be consistent with the general management 
                plans of the unit of the National Park system; and
            ``(2) if the qualified participant is a State or local 
        governmental authority, or more than one State or local 
        governmental authority in more than one State, the qualified 
        participant shall--
                    ``(A) comply with the metropolitan planning 
                provisions under section 5303 of this title;
                    ``(B) comply with the statewide planning provisions 
                under section 5304 of this title;
                    ``(C) comply with the public participation 
                requirements under section 5307(e) of this title; and
                    ``(D) consult with the appropriate Federal land 
                management agency during the planning process.
    ``(f) Cost Sharing.--
            ``(1) The Secretary, in cooperation with the Secretary of 
        the Interior, shall establish the agency share of net project 
        cost to be provided under this section to a qualified 
        participant.
            ``(2) In establishing the agency share of net project cost 
        to be provided under this section, the Secretary shall 
        consider--
                    ``(A) visitation levels and the revenue derived 
                from user fees in the eligible area in which the 
                qualified project is carried out;
                    ``(B) the extent to which the qualified participant 
                coordinates with a public transportation authority or 
                private entity engaged in public transportation;
                    ``(C) private investment in the qualified project, 
                including the provision of contract services, joint 
                development activities, and the use of innovative 
                financing mechanisms;
                    ``(D) the clear and direct benefit to the qualified 
                participant; and
                    ``(E) any other matters that the Secretary 
                considers appropriate to carry out this section.
            ``(3) Notwithstanding any other provision of law, Federal 
        funds appropriated to any Federal land management agency may be 
        counted toward the non-agency share of the net project cost of 
        a qualified project.
    ``(g) Selection of Qualified Projects.--
            ``(1) The Secretary of the Interior, after consultation 
        with and in cooperation with the Secretary, shall determine the 
        final selection and funding of an annual program of qualified 
        projects in accordance with this section.
            ``(2) In determining whether to include a project in the 
        annual program of qualified projects, the Secretary of the 
        Interior shall consider--
                    ``(A) the justification for the qualified project, 
                including the extent to which the qualified project 
                would conserve resources, prevent or mitigate adverse 
                impact, and enhance the environment;
                    ``(B) the location of the qualified project, to 
                ensure that the selected qualified projects--
                            ``(i) are geographically diverse 
                        nationwide; and
                            ``(ii) include qualified projects in 
                        eligible areas located in both urban areas and 
                        rural areas;
                    ``(C) the size of the qualified project, to ensure 
                that there is a balanced distribution;
                    ``(D) the historical and cultural significance of a 
                qualified project;
                    ``(E) safety;
                    ``(F) the extent to which the qualified project 
                would--
                            ``(i) enhance livable communities;
                            ``(ii) reduce pollution (including noise 
                        pollution, air pollution, and visual 
                        pollution);
                            ``(iii) reduce congestion; and
                            ``(iv) improve the mobility of people in 
                        the most efficient manner; and
                    ``(G) any other matters that the Secretary 
                considers appropriate to carry out this section, 
                including--
                            ``(i) visitation levels;
                            ``(ii) the use of innovative financing or 
                        joint development strategies; and
                            ``(iii) coordination with gateway 
                        communities.
    ``(h) Qualified Projects Carried Out in Advance.--
            ``(1) When a qualified participant carries out any part of 
        a qualified project without assistance under this section in 
        accordance with all applicable procedures and requirements, the 
        Secretary, in consultation with the Secretary of the Interior, 
        may pay the share of the net capital project cost of a 
        qualified project if--
                    ``(A) the qualified participant applies for the 
                payment;
                    ``(B) the Secretary approves the payment; and
                    ``(C) before carrying out that part of the 
                qualified project, the Secretary approves the plans and 
                specifications in the same manner as plans and 
                specifications are approved for other projects assisted 
                under this section.
            ``(2)(A) The cost of carrying out part of a qualified 
        project under paragraph (1) includes the amount of interest 
        earned and payable on bonds issued by a State or local 
        governmental authority, to the extent that proceeds of the bond 
        are expended in carrying out that part.
            ``(B) The rate of interest under this paragraph may not 
        exceed the most favorable rate reasonably available for the 
        qualified project at the time of borrowing.
            ``(C) The qualified participant shall certify, in a manner 
        satisfactory to the Secretary, that the qualified participant 
        has exercised reasonable diligence in seeking the most 
        favorable interest rate.
    ``(i) Relationship to Other Laws.--
            ``(1) Section 5307.--A qualified participant under this 
        section shall be subject to the requirements of sections 5307 
        and 5333(a) to the extent the Secretary determines to be 
        appropriate.
            ``(2) Other requirements.--A qualified participant under 
        this section is subject to any other terms, conditions, 
        requirements, and provisions that the Secretary determines to 
        be appropriate to carry out this section, including 
        requirements for the distribution of proceeds on disposition of 
        real property and equipment resulting from a qualified project 
        assisted under this section.
            ``(3) Project management plan.--If the amount of assistance 
        anticipated to be required for a qualified project under this 
        section is not less than $25,000,000--
                    ``(A) the qualified project shall, to the extent 
                the Secretary considers appropriate, be carried out 
                through a full funding grant agreement, in accordance 
                with section 5309(g); and
                    ``(B) the qualified participant shall prepare a 
                project management plan in accordance with section 
                5327(a).
    ``(i) Asset Management.--The Secretary, in consultation with the 
Secretary of the Interior, may transfer the interest of the Department 
of Transportation in, and control over, all facilities and equipment 
acquired under this section to a qualified participant for use and 
disposition in accordance with any property management regulations that 
the Secretary determines to be appropriate.
    ``(j) Coordination of Research and Deployment of New 
Technologies.--
            ``(1) The Secretary, in cooperation with the Secretary of 
        the Interior, may undertake, or make grants, cooperative 
        agreements, contracts (including agreements with departments, 
        agencies, and instrumentalities of the Federal Government) or 
        other transactions for research, development, and deployment of 
        new technologies in eligible areas that will--
                    ``(A) conserve resources;
                    ``(B) prevent or mitigate adverse environmental 
                impact;
                    ``(C) improve visitor mobility, accessibility, and 
                enjoyment; and
                    ``(D) reduce pollution (including noise pollution 
                and visual pollution).
            ``(2) The Secretary may request and receive appropriate 
        information from any source.
            ``(3) Grants, cooperative agreements, contracts or other 
        transactions under paragraph (1) shall be awarded from amounts 
        allocated under subsection (c)(1).
    ``(k) Innovative Financing.--A qualified project receiving 
financial assistance under this section shall be eligible for funding 
through a state infrastructure bank or other innovative financing 
mechanism available to finance an eligible project under this chapter.
    ``(l) Reports.--
            ``(1) In general.--The Secretary, in consultation with the 
        Secretary of the Interior, shall annually submit a report on 
        the allocation of amounts made available to assist qualified 
        projects under this section to--
                    ``(A) the Committee on Banking, Housing, and Urban 
                Affairs of the Senate; and
                    ``(B) the Committee on Transportation and 
                Infrastructure of the House of Representatives.
            ``(2) Annual and supplemental reports.--The report required 
        under paragraph (1) shall be included in the report submitted 
        under section 5309(m).''.
    (b) Conforming Amendments.--The table of sections for chapter 53 is 
amended by inserting after the item relating to section 5315 the 
following:

``5316. Alternative transportation in parks and public lands.''.

SEC. 41. OBLIGATION CEILING.

    Notwithstanding any other provision of law, the total of all 
obligations from amounts made available from the Mass Transit Account 
of the Highway Trust Fund by, and amounts appropriated under, 
subsections (a) through (c) of section 5338 of title 49, United States 
Code, shall not exceed--
            (1) $7,646,336,000 for fiscal year 2005;
            (2) $8,208,645,000 for fiscal year 2006;
            (3) $8,673,850,000 for fiscal year 2007;
            (4) $9,477,988,000 for fiscal year 2008; and
            (5) $10,327,303,000 for fiscal year 2009.

SEC. 42. ADJUSTMENTS FOR THE SURFACE TRANSPORTATION EXTENSION ACT OF 
              2004.

    (a) In General.--Notwithstanding any other provision of law, the 
Secretary shall reduce the total apportionments and allocations made 
for fiscal year 2005 to each grant recipient under section 5338 of 
title 49, United States Code, by the amount apportioned to that 
recipient pursuant to section 8 of the Surface Transportation Extension 
Act of 2004 part V (118 Stat. 1154).
    (b) Fixed Guideway Modernization Adjustment.--In making the 
apportionments described in subsection (a), the Secretary shall adjust 
the amount apportioned for fiscal year 2005 to each urbanized area for 
fixed guideway modernization to reflect the apportionment method set 
forth in 5337(a) of title 49, United States Code.

SEC. 43. DISADVANTAGED BUSINESS ENTERPRISE.

    Section 1821(a) of the Safe, Accountable, Flexible, and Efficient 
Transportation Equity Act of 2005 shall apply to all funds authorized 
or otherwise made available under this Act.




                                                        Calendar No. 94

109th CONGRESS

  1st Session

                                 S. 907

_______________________________________________________________________

                                 A BILL

  To amend chapter 53 of title 49, United States Code, to improve the 
         Nation's public transportation and for other purposes.

_______________________________________________________________________

                             April 26, 2005

                 Read twice and placed on the calendar