[Congressional Record Volume 167, Number 42 (Friday, March 5, 2021)]
[Senate]
[Pages S1345-S1346]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1232. Mr. DAINES (for himself, Mr. Cramer, and Mr. Toomey) 
submitted an amendment intended to be proposed to amendment SA 891 
proposed by Mr. Schumer (for himself, Mr. Wyden, Mrs. Murray, Mr. 
Brown, Mr. Peters, Mr. Cardin, Ms. Cantwell, Ms. Stabenow, Mr. Tester, 
Mr. Menendez, Mr. Schatz, Mr. Carper, Mr. Leahy, and Mr. Sanders) 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:

        Beginning on page 172, strike line 1 and all that follows 
     through page 180, line 13, and insert the following:
       (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, 
     $30,286,355,534, 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), $26,086,580,227 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.--Amounts made available under subparagraph 
     (A) shall be apportioned to urbanized areas based on data 
     contained in the National Transit Database such that--
       (i) each urbanized area shall receive an apportionment of 
     an amount that, when combined with amounts that were 
     otherwise made available to such urbanized area for similar 
     activities to prevent, prepare for, and respond to 
     coronavirus, is equal to 132 percent of the urbanized area's 
     2018 operating costs; and
       (ii) for funds remaining after the apportionment described 
     in clause (i), such funds shall be apportioned such that--

       (I) each urbanized area that did not receive an 
     apportionment under clause (i) shall receive an apportionment 
     equal to 25 percent of the urbanized area's 2018 operating 
     costs; and
       (II) each urbanized area under clause (i), when the amounts 
     that were otherwise made available, prior to clause (i) to 
     that urbanized area for similar activities to prevent, 
     prepare for, and respond to coronavirus are equal to or 
     greater than 130 percent of the urbanized area's 2018 
     operating costs but do not exceed 132 percent of such costs, 
     such urbanized area shall receive an apportionment

[[Page S1346]]

     equal to 10 percent of the urbanized area's 2018 operating 
     costs, in addition to amounts apportioned to the urbanized 
     area under clause (i).

       (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) $1,250,000,000 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) 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.
       (iii) 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.
                                 ______