Page:United States Statutes at Large Volume 119.djvu/1634

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[119 STAT. 1616]
PUBLIC LAW 109-000—MMMM. DD, 2005
[119 STAT. 1616]

119 STAT. 1616

Establishment.

VerDate 14-DEC-2004

13:51 Oct 26, 2006

PUBLIC LAW 109–59—AUG. 10, 2005

(c) FARES NOT REQUIRED.—Section 5323(c) is amended to read as follows: ‘‘(c) FARES NOT REQUIRED.—This chapter does not require that elderly individuals and individuals with disabilities be charged a fare.’’. (d) CONDITION ON CHARTER BUS TRANSPORTATION SERVICE.— Section 5323(d) is amended— (1) by striking ‘‘(1) Financial assistance’’ and inserting the following: ‘‘(1) AGREEMENTS.—Financial assistance’’; and (2) by striking paragraph (2) and inserting the following: ‘‘(2) VIOLATIONS.— ‘‘(A) INVESTIGATIONS.—On receiving a complaint about a violation of the agreement required under paragraph (1), the Secretary shall investigate and decide whether a violation has occurred. ‘‘(B) ENFORCEMENT OF AGREEMENTS.—If the Secretary decides that a violation has occurred, the Secretary shall correct the violation under terms of the agreement. ‘‘(C) ADDITIONAL REMEDIES.—In addition to any remedy specified in the agreement, the Secretary shall bar a recipient or an operator from receiving Federal transit assistance in an amount the Secretary considers appropriate if the Secretary finds a pattern of violations of the agreement.’’. (e) BOND PROCEEDS ELIGIBLE FOR LOCAL SHARE.—Section 5323(e) is amended to read as follows: ‘‘(e) BOND PROCEEDS ELIGIBLE FOR LOCAL SHARE.— ‘‘(1) USE AS LOCAL MATCHING FUNDS.—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) MAINTENANCE OF EFFORT.—The Secretary shall approve of the use of the proceeds from the issuance of revenue bonds for the remainder of the net project cost only if the Secretary finds that the aggregate amount of financial support for public transportation in the urbanized area provided by the State and affected local governmental authorities during the next 3 fiscal years, as programmed in the State transportation improvement program under section 5304, is not less than the aggregate amount provided by the State and affected local governmental authorities in the urbanized area during the preceding 3 fiscal years. ‘‘(3) DEBT SERVICE RESERVE.—The Secretary may reimburse an eligible recipient for deposits of bond proceeds in a debt service reserve that the recipient establishes pursuant to section 5302(a)(1)(K) from amounts made available to the recipient under section 5309. ‘‘(4) PILOT PROGRAM FOR URBANIZED AREAS.— ‘‘(A) IN GENERAL.—The Secretary shall establish a pilot program to reimburse not to exceed 10 eligible recipients for deposits of bond proceeds in a debt service reserve that the recipient establishes pursuant to section 5302(a)(1)(K) from amounts made available to the recipient under section 5307. ‘‘(B) REPORT.—Not later than July 31, 2008, the Secretary shall submit to the Committee on Banking, Housing,

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