Page:United States Statutes at Large Volume 119.djvu/1644

 119 STAT. 1626

PUBLIC LAW 109–59—AUG. 10, 2005

‘‘(5) When the Secretary is called upon to issue fair and equitable determinations involving assurances of employment when one private transit bus service contractor replaces another through competitive bidding, such decisions shall be based on the principles set forth in the Department of Labor’s decision of September 21, 1994, as clarified by the supplemental ruling of November 7, 1994, with respect to grant NV–90–X021. This paragraph shall not serve as a basis for objections under section 215.3(d) of title 29, Code of Federal Regulations.’’. SEC. 3032. ADMINISTRATIVE PROCEDURES.

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13:51 Oct 26, 2006

Section 5334 is amended— (1) in subsection (a)— (A) in paragraph (9) by striking ‘‘and’’ at the end; (B) in paragraph (10) by striking the period at the end and inserting ‘‘; and’’; and (C) by adding at the end the following: ‘‘(11) issue regulations as necessary to carry out the purposes of this chapter.’’; (2) by striking subsection (i); (3) by redesignating subsections (b) through (h) as subsections (c) through (i), respectively; (4) by inserting after subsection (a) the following: ‘‘(b) PROHIBITIONS AGAINST REGULATING OPERATIONS AND CHARGES.— ‘‘(1) IN GENERAL.—Except for purposes of national defense or in the event of a national or regional emergency, the Secretary may not regulate the operation, routes, or schedules of a public transportation system for which a grant is made under this chapter, nor may the Secretary regulate the rates, fares, tolls, rentals, or other charges prescribed by any provider of public transportation. ‘‘(2) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this subsection shall be construed to 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 (5) by striking subsection (c)(4) (as redesignated by paragraph (3) of this subsection) and inserting the following: ‘‘(4) The Secretary of Transportation shall comply with this section (except subsection (i)) and sections 5318(e), 5323(a)(2), 5325(a), 5325(b), and 5325(f) when proposing or carrying out a regulation governing an activity under this chapter, except for a routine matter or a matter with no significant impact.’’; and (6) by adding at the end the following: ‘‘(k) NOTIFICATION OF PENDING DISCRETIONARY GRANTS.—Not less than 3 full business days before announcement of award by the Secretary of any discretionary grant, letter of intent, or full funding grant agreement totaling $1,000,000 or more, the Secretary shall notify the Committees on Banking, Housing, and Urban Affairs and Appropriations of the Senate and Committees on Transportation and Infrastructure and Appropriations of the House of Representatives. ‘‘(l) AGENCY STATEMENTS.— ‘‘(1) IN GENERAL.—The Administrator of the Federal Transit Administration shall follow applicable rulemaking procedures

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