Page:United States Statutes at Large Volume 119.djvu/1646

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[119 STAT. 1628]
PUBLIC LAW 109-000—MMMM. DD, 2005
[119 STAT. 1628]

119 STAT. 1628

PUBLIC LAW 109–59—AUG. 10, 2005

that meets or exceeds in one or more performance categories the industry average for all urbanized areas with a population of at least 200,000 but not more than 999,999, as determined by the Secretary in accordance with subsection (c)(2). ‘‘(B) PERFORMANCE CATEGORY.—The term ‘performance category’ means each of the following: ‘‘(i) Passenger miles traveled per vehicle revenue mile. ‘‘(ii) Passenger miles traveled per vehicle revenue hour. ‘‘(iii) Vehicle revenue miles per capita. ‘‘(iv) Vehicle revenue hours per capita. ‘‘(v) Passenger miles traveled per capita. ‘‘(vi) Passengers per capita. ‘‘(2) APPORTIONMENT.— ‘‘(A) APPORTIONMENT FORMULA.—The amount to be apportioned under subsection (i)(1) shall be apportioned among eligible areas in the ratio that— ‘‘(i) the number of performance categories for which each eligible area meets or exceeds the industry average in urbanized areas with a population of at least 200,000 but not more than 999,999; bears to ‘‘(ii) the aggregate number of performance categories for which all eligible areas meet or exceed the industry average in urbanized areas with a population of at least 200,000 but not more than 999,999. ‘‘(B) DATA USED IN FORMULA.—The Secretary shall calculate apportionments under this subsection for a fiscal year using data from the national transit database used to calculate apportionments for that fiscal year under this section.’’. (c) STUDY ON INCENTIVES IN FORMULA PROGRAMS.—Section 5336 is amended by adding at the end the following: ‘‘(c) 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 2 years 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

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