[Congressional Record Volume 167, Number 41 (Thursday, March 4, 2021)]
[Senate]
[Pages S1199-S1200]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 944. Mrs. FISCHER submitted an amendment intended to be proposed 
to amendment SA 891 proposed by Mr. Schumer to the bill H.R. 1319, to 
provide for reconciliation pursuant to title II of S. Con. Res. 5; 
which was ordered to lie on the table; as follows:

        Strike subtitle D of title III and insert the following:

                   Subtitle D--Public Transportation

     SEC. 3401. FEDERAL TRANSIT ADMINISTRATION GRANTS.

       (a) Federal Transit Administration Appropriation.--
       (1) In general.--In addition to amounts otherwise made 
     available, there are appropriated for fiscal year 2021, out 
     of any funds in the Treasury not otherwise appropriated, 
     $30,461,355,534, to remain available until September 30, 
     2024, that shall--
       (A) be for grants to eligible recipients under sections 
     5307, 5309, 5310, and 5311 of title 49, United States Code, 
     to prevent, prepare for, and respond to coronavirus; and
       (B) not be subject to any prior restriction on the total 
     amount of funds available for implementation or execution of 
     programs authorized under sections 5307, 5310, or 5311 of 
     such title.
       (2) Availability of funds for operating expenses.--
       (A) In general.--Notwithstanding subsection (a)(1) or (b) 
     of section 5307 and section 5310(b)(2)(A) of title 49, United 
     States Code, funds provided under this section, other than 
     subsection (b)(4), shall be available for the operating 
     expenses of transit agencies to prevent, prepare for, and 
     respond to the coronavirus public health emergency, 
     including, beginning on January 20, 2020--
       (i) reimbursement for payroll of public transportation 
     (including payroll and expenses of private providers of 
     public transportation);
       (ii) operating costs to maintain service due to lost 
     revenue due as a result of the coronavirus public health 
     emergency, including the purchase of personal protective 
     equipment; and
       (iii) paying the administrative leave of operations or 
     contractor personnel due to reductions in service.
       (B) Use of funds.--Funds described in subparagraph (A) 
     shall be--
       (i) available for immediate obligation, notwithstanding the 
     requirement for such expenses to be included in a 
     transportation improvement program, long-range transportation 
     plan, statewide transportation plan, or statewide 
     transportation improvement program under sections 5303 and 
     5304 of title 49, United States Code;
       (ii) directed to payroll and operations of public 
     transportation (including payroll and expenses of private 
     providers of public transportation), unless the recipient 
     certifies to the Administrator of the Federal Transit 
     Administration that the recipient has not furloughed any 
     employees;
       (iii) used to provide a Federal share of the costs for any 
     grant made under this section of 100 percent.
       (b) Allocation of Funds.--
       (1) Urbanized area formula grants.--
       (A) In general.--Of the amounts made available under 
     subsection (a), $28,294,141,521 shall be for grants to 
     recipients and subrecipients under section 5307 of title 49, 
     United States Code, and shall be administered as if such 
     funds were provided under section 5307 of such title.
       (B) Allocation ratio.--Amounts made available under 
     subparagraph (A) shall be allocated in the same ratio as 
     funds were provided under section 5307 of title 49, United 
     States Code, for fiscal year 2020.
       (2) Formula grants for the enhanced mobility of seniors and 
     individuals with disabilities.--
       (A) In general.--Of the amounts made available under 
     subsection (a), $50,000,000 shall be for grants to recipients 
     or subrecipients eligible under section 5310 of title 49, 
     United States Code, and shall be apportioned in accordance 
     with such section.
       (B) Allocation ratio.--Amounts made available under 
     subparagraph (A) shall be allocated in the same ratio as 
     funds were provided under section 5310 of title 49, United 
     States Code, for fiscal year 2020.
       (3) Formula grants for rural areas.--
       (A) In general.--Of the amounts made available under 
     subsection (a), $317,214,013 shall be for grants to 
     recipients or subrecipients eligible under section 5311 of 
     title 49, United States Code, and shall be administered as if 
     the funds were provided under section 5311 of such title, and 
     shall be apportioned in accordance with such section, except 
     as described in paragraph (B).
       (B) Allocation ratio.--Amounts made available under 
     subparagraph (A) to States, as defined in section 5302 of 
     title 49, United States Code, shall be allocated to such 
     States based on data contained in the National Transit 
     Database, such that--
       (i) any State that received an amount for similar 
     activities to prevent, prepare for, and respond to 
     coronavirus that is equal to or greater than 150 percent of 
     the combined 2018 rural operating costs of the recipients and 
     subrecipients in such State shall receive an amount equal to 
     5 percent of such State's 2018 rural operating costs;
       (ii) any State that does not receive an allocation under 
     clause (i) that received an amount for similar activities to 
     prevent, prepare for, and respond to coronavirus that is 
     equal to or greater than 140 percent of the combined 2018 
     rural operating costs of the recipients and subrecipients in 
     that State shall receive an amount equal to 10 percent of 
     such State's 2018 rural operating costs; and
       (iii) any State that does not receive an allocation under 
     clauses (i) or (ii) shall receive an amount equal to 20 
     percent of such State's 2018 rural operating costs.
       (4) Capital investments.--
       (A) In general.--Of the amounts made available under 
     subsection (a)--
       (i) $1,425,000,000 shall be for grants administered under 
     subsections (d) and (e) of section 5309 of title 49, United 
     States Code; and
       (ii) $250,000,000 shall be for grants administered under 
     subsection (h) of section 5309 of title 49, United States 
     Code.
       (B) Funding distribution.--
       (i) In general.--Of the amounts made available in 
     subparagraph (A)(i), $1,250,000,000 shall be provided to each 
     recipient for all projects with existing full funding grant 
     agreements that received allocations for fiscal year 2019 or 
     2020, except that recipients with projects open for revenue 
     service are not eligible to receive a grant under this 
     subparagraph. Funds shall be provided proportionally based on 
     the non-capital investment grant share of the amount 
     allocated.
       (ii) Allocation.--Of the amounts made available in 
     subparagraph (A)(i), $175,000,000 shall be provided to each 
     recipient for all projects with existing full funding grant 
     agreements that received an allocation only prior to fiscal 
     year 2019, except that projects open for revenue service are 
     not eligible to receive a grant under this subparagraph and 
     no project may receive more than 40 percent of the amounts 
     provided under this clause. The Administrator of the Federal 
     Transit Administration shall proportionally distribute funds 
     in excess of such percent to recipients for which the percent 
     of funds does not exceed 40 percent. Funds shall be provided 
     proportionally based on the non-capital investment grant 
     share of the amount allocated.
       (iii) Eligible recipients.--For amounts made available in 
     subparagraph (A)(ii), eligible recipients shall be any 
     recipient of an allocation under subsection (h) of section 
     5309 of title 49, United States Code, or an applicant in the 
     project development phase described in paragraph (2) of such 
     subsection.
       (iv) Amount.--Amounts distributed under clauses (i), (ii), 
     and (iii) of subparagraph (A) shall be provided 
     notwithstanding the limitation of any calculation of the 
     maximum amount of Federal financial assistance for the 
     project under subsection (k)(2)(C)(ii) or (h)(7) of section 
     5309 of title 49, United States Code.
       (5) Section 5311(f) services.--
       (A) In general.--Of the amounts made available under 
     subsection (a) and in addition to the amounts made available 
     under paragraph (3), $100,000,000 shall be available for 
     grants to recipients for bus operators that partner with 
     recipients or subrecipients of funds under section 5311(f) of 
     title 49, United States Code.
       (B) Allocation ratio.--Notwithstanding paragraph (3), the 
     Administrator of the Federal Transit Administration shall 
     allocate amounts under subparagraph (A) in the same ratio as 
     funds were provided under section 5311 of title 49, United 
     States Code, for fiscal year 2020.
       (C) Exception.--If a State or territory does not have bus 
     providers eligible under section 5311(f) of title 49, United 
     States Code, funds under this paragraph may be used by such 
     State or territory for any expense eligible under section 
     5311 of title 49, United States Code.
       (6) Planning.--
       (A) In general.--Of the amounts made available under 
     subsection (a), $25,000,000 shall be for grants to recipients 
     eligible

[[Page S1200]]

     under section 5307 of title 49, United States Code, for the 
     planning of public transportation associated with the 
     restoration of services as the coronavirus public health 
     emergency concludes and shall be available in accordance with 
     such section.
       (B) Availability of funds for route planning.--Amounts made 
     available under subparagraph (A) shall be available for route 
     planning designed to--
       (i) increase ridership and reduce travel times, while 
     maintaining or expanding the total level of vehicle revenue 
     miles of service provided in the planning period; or
       (ii) make service adjustments to increase the quality or 
     frequency of service provided to low-income riders and 
     disadvantaged neighborhoods or communities.
       (C) Limitation.--Amounts made available under subparagraph 
     (A) shall not be used for route planning related to 
     transitioning public transportation service provided as of 
     the date of receipt of funds to a transportation network 
     company or other third-party contract provider, unless the 
     existing provider of public transportation service is a 
     third-party contract provider.
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