PUBLIC LAW 109–59—AUG. 10, 2005
119 STAT. 1617
and Urban Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the status and effectiveness of the pilot program established under subparagraph (A).’’. (f) SCHOOLBUS TRANSPORTATION.—Section 5323(f) is amended— (1) by striking ‘‘(1) Financial assistance’’ and inserting the following: ‘‘(1) AGREEMENTS.—Financial assistance’’; (2) in paragraph (1) by moving subparagraphs (A), (B), and (C) 2 ems to the right; and (3) by striking paragraph (2) and inserting the following: ‘‘(2) VIOLATIONS.—If the Secretary finds that an applicant, governmental authority, or publicly owned operator has violated the agreement required under paragraph (1), the Secretary shall bar a recipient or an operator from receiving Federal transit assistance in an amount the Secretary considers appropriate.’’. (g) BUYING BUSES UNDER OTHER LAWS.—Section 5323(g) is amended by striking ‘‘103(e)(4) and 142(a) or (c)’’ each place it appears and inserting ‘‘133 and 142’’. (h) GOVERNMENT’S SHARE OF COSTS FOR CERTAIN PROJECTS.— Section 5323(i) is amended— (1) in the subsection heading by striking ‘‘GOVERNMENT’’ and inserting ‘‘GOVERNMENT’S’’; (2) by striking ‘‘A grant’’ and inserting the following: ‘‘(1) EQUIPMENT FOR ADA AND CLEAN AIR ACT COMPLIANCE.— A grant’’; (3) by inserting ‘‘or facilities’’ after ‘‘equipment’’ each place it appears; and (4) by adding at the end the following: ‘‘(2) CERTAIN STATE OWNED RAILROADS.—The Government share for financial assistance under this chapter to a Stateowned railroad (as defined in section 603 of the Rail Safety and Service Improvement Act of 1982 (45 U.S.C. 1202)) shall be the same as the Government share under section 120(b) of title 23 for Federal-aid highway funds apportioned to the State in which the railroad operates.’’. (i) BUY AMERICA.— (1) PUBLIC INTEREST WAIVER.—Section 5323(j) is amended— (A) by redesignating paragraphs (3) through (7) as paragraphs (4) through (8), respectively; and (B) by inserting after paragraph (2) the following: ‘‘(3) WRITTEN JUSTIFICATION FOR PUBLIC INTEREST WAIVER.—When issuing a waiver based on a public interest determination under paragraph (2)(A), the Secretary shall issue a detailed written justification as to why the waiver is in the public interest. The Secretary shall publish such justification in the Federal Register and provide the public with a reasonable period of time for notice and comment.’’. (2) INELIGIBILITY FOR CONTRACTS.—Section 5323(j)(6) (as so redesignated) is amended by striking ‘‘Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240, 105 Stat. 1914)’’ and inserting ‘‘Federal Public Transportation Act of 2005’’. (3) ADMINISTRATIVE REVIEW.—Section 5323(j) is amended by adding at the end the following:
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