Page:United States Statutes at Large Volume 119.djvu/1614

 119 STAT. 1596

PUBLIC LAW 109–59—AUG. 10, 2005

‘‘(A) IN GENERAL.—Except as provided by subparagraph (B), 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. ‘‘(B) EXCEPTION.—A State described in section 120(b) 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 paragraph (1)(B). ‘‘(3) REMAINDER.—The remainder of net project costs— ‘‘(A) may be provided 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; ‘‘(B) may be derived from amounts appropriated or otherwise made available to a department or agency of the Government (other than the Department of Transportation) that are eligible to be expended for transportation; and ‘‘(C) notwithstanding subparagraph (B), may be derived from amounts made available to carry out the Federal lands highway program established by section 204 of title 23. ‘‘(4) USE OF CERTAIN FUNDS.—For purposes of paragraph (3)(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. ‘‘(5) LIMITATION ON OPERATING ASSISTANCE.—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.’’. (g) RELATIONSHIP TO OTHER LAWS.—Section 5311 is amended— (1) by striking subsection (h); and (2) by redesignating subsections (i) and (j) as subsections (h) and (i), respectively. (h) 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’’. (i) CORRECTION TO CHAPTER ANALYSIS.—The analysis for chapter 53 is amended by striking the item relating to section 5311 and inserting the following: ‘‘5311. Formula grants for other than urbanized areas.’’. SEC.

3014.

RESEARCH, DEVELOPMENT, DEPLOYMENT PROJECTS.

DEMONSTRATION,

AND

(a) IN GENERAL.—Section 5312(a) is amended to read as follows: ‘‘(a) RESEARCH, DEVELOPMENT, DEMONSTRATION, AND DEPLOYMENT PROJECTS.— ‘‘(1) IN GENERAL.—The Secretary may make grants, contracts, cooperative agreements, and other agreements (including agreements with departments, agencies, and instrumentalities of the United States Government) for research, development, demonstration, and deployment projects, and evaluation of technology of national significance to public transportation, that

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