II 

118TH CONGRESS 

1ST SESSION S. 3080 

To amend title 49, United States Code, to authorize state of good repair 

grants to be used for public transportation resilience improvement, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 18, 2023 

Mrs. GILLIBRAND (for herself, Mr. BOOKER, and Mr. SANDERS) introduced 

the following bill; which was read twice and referred to the Committee 

on Banking, Housing, and Urban Affairs 

A BILL 

To amend title 49, United States Code, to authorize state 

of good repair grants to be used for public transportation 

resilience improvement, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Resilient Transit Act 

5 of 2023’’. 

6 SEC. 2. DEFINITIONS. 

7 Section 5302 of title 49, United States Code, is 

8 amended— 


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1 (1) by redesignating paragraphs (17) through 

2 (25) as paragraphs (18) through (26), respectively; 

3 and 

4 (2) by inserting after paragraph (16) the fol5 lowing: 

6 ‘‘(17) RESILIENCE IMPROVEMENT.—The term 

7 ‘resilience improvement’ has the meaning given the 

8 term in section 176(a) of title 23.’’. 

9 SEC. 3. STATE OF GOOD REPAIR GRANTS FOR PUBLIC 

10 TRANSPORTATION RESILIENCE IMPROVE11 MENT. 

12 (a) IN GENERAL.—Section 5337 of title 49, United 

13 States Code, is amended by adding at the end the fol14 lowing: 

15 ‘‘(g) PUBLIC TRANSPORTATION RESILIENCE IM16 PROVEMENT GRANTS.— 

17 ‘‘(1) DEFINITIONS.—In this section: 

18 ‘‘(A) ENVIRONMENTAL JUSTICE COMMU19 NITY.—The term ‘environmental justice com20 munity’ means a community with significant 

21 representation of communities of color, low-in22 come communities, or Tribal and indigenous 

23 communities, that experiences or is at risk of 

24 experiencing higher or more adverse human 

25 health or environmental effects. 


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1 ‘‘(B) EJSCREEN.—The term 

2 ‘EJSCREEN’ means the environmental justice 

3 mapping and screening tool created by the En4 vironmental Protection Agency. 

5 ‘‘(C) EJ INDEX.—The term ‘EJ Index’ 

6 means the Environmental Justice Indexes in 

7 EJSCREEN. 

8 ‘‘(D) MEDICALLY UNDERSERVED COMMU9 NITY.—The term ‘medically underserved com10 munity’ has the meaning given the term in sec11 tion 799B of the Public Health Service Act (42 

12 U.S.C. 295p). 

13 ‘‘(E) UNDERSERVED COMMUNITY.—The 

14 term ‘underserved community’ means— 

15 ‘‘(i) a community located within a 

16 ZIP Code or census tract that is identified 

17 by the Secretary as— 

18 ‘‘(I) a low-income community; 

19 ‘‘(II) a community of color; or 

20 ‘‘(III) a Tribal community; or 

21 ‘‘(ii) any other community that the 

22 Secretary determines is disproportionately 

23 vulnerable to, or bares a disproportionate 

24 burden of, any combination of economic, 

25 social, environmental, or climate stressors. 


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1 ‘‘(2) GRANTS.—The Secretary may make 

2 grants under this subsection to assist State and local 

3 government authorities in financing 1 or more eligi4 ble activities described in paragraph (3). 

5 ‘‘(3) ELIGIBLE ACTIVITIES.— 

6 ‘‘(A) IN GENERAL.—A recipient of a grant 

7 under this subsection may use grant amounts 

8 for public transportation resilience improve9 ments that increase the resilience of public 

10 transportation systems from the impacts of cli11 mate change, such as sea level rise, flooding, 

12 wildfires, extreme weather events, and other 

13 natural disasters. 

14 ‘‘(B) INCLUSIONS.—Activities eligible to be 

15 carried out using grant amounts under this 

16 subsection include— 

17 ‘‘(i) the installation of mitigation 

18 measures that prevent the intrusion of 

19 floodwaters; 

20 ‘‘(ii) the installation of equipment to 

21 detect the occurrence of a flood event; 

22 ‘‘(iii) the replacement of equipment or 

23 facilities that are currently prone to flood 

24 events or will be in the future; 


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1 ‘‘(iv) the purchase of new equipment 

2 to support regular maintenance of drain3 age and pumping infrastructure; 

4 ‘‘(v) the replacement of equipment 

5 stressed during extreme temperature 

6 events; 

7 ‘‘(vi) the installation of equipment to 

8 regulate temperatures and sensors to mon9 itor extreme temperatures; 

10 ‘‘(vii) the development of backup sys11 tems to provide redundancy during the 

12 outage of a primary power source; 

13 ‘‘(viii) the assessment of system 

14 vulnerabilities to current and future weath15 er events, natural disasters, and climate 

16 change, including sea level rise; 

17 ‘‘(ix) the planning of system improve18 ments and emergency response strategies 

19 to address identified vulnerabilities; and 

20 ‘‘(x) any other activity for resilience 

21 improvement, as determined by the Sec22 retary. 

23 ‘‘(4) TYPES OF PROJECTS.—Grants under this 

24 subsection may be used to finance— 

25 ‘‘(A) standalone projects; and 


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1 ‘‘(B) components of projects carried out 

2 under subsection (b)(1). 

3 ‘‘(5) PUBLIC TRANSPORTATION RESILIENCE IM4 PROVEMENT FORMULA.—Of the amounts made 

5 available under section 5338(a)(2)(L) to carry out 

6 this subsection— 

7 ‘‘(A) 97.15 percent shall be apportioned to 

8 recipients in accordance with subsection (c); 

9 and 

10 ‘‘(B) 2.85 percent shall be apportioned to 

11 recipients in accordance with subsection (d). 

12 ‘‘(6) ANNUAL REPORTS TO CONGRESS.—Not 

13 later than 1 year after the date of enactment of this 

14 subsection, and annually thereafter, the Secretary 

15 shall submit to the Committee on Banking, Housing, 

16 and Urban Affairs of the Senate and the Committee 

17 on Transportation and Infrastructure of the House 

18 of Representatives, and publish on the website of the 

19 Department of Transportation, a report that de20 scribes the implementation of this subsection during 

21 the preceding calendar year, including— 

22 ‘‘(A) a detailed description of the activities 

23 carried out under the grants provided under 

24 this subsection; 


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1 ‘‘(B) a summary of each project financed 

2 in whole or in part by a grant provided under 

3 this subsection that benefits or is located in— 

4 ‘‘(i) a neighborhood with poverty and 

5 unemployment rates that exceed the aver6 age in the United States; 

7 ‘‘(ii) a neighborhood where 30 percent 

8 or more of households receive benefits 

9 under— 

10 ‘‘(I) the supplemental nutrition 

11 assistance program under the Food 

12 and Nutrition Act of 2008 (7 U.S.C. 

13 7011 et seq.); or 

14 ‘‘(II) a mandatory spending pro15 gram of the Federal Government for 

16 which, as determined by the Sec17 retary, eligibility for the program’s 

18 benefits, or the amount of such bene19 fits, is determined on the basis of in20 come or resources of the individual or 

21 family seeking the benefit; 

22 ‘‘(iii) an underserved community or a 

23 medically underserved community; 


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1 ‘‘(iv) an EPA region where the EJ 

2 Index is above the national average, as de3 termined by EJSCREEN; or 

4 ‘‘(v) an environmental justice commu5 nity, as documented by Federally recog6 nized environmental justice mapping and 

7 equity screening tools; and 

8 ‘‘(C) recommendations to improve the ad9 ministration of this subsection.’’. 

10 (b) CONFORMING AMENDMENTS.—Section 5337 of 

11 title 49, United States Code, is amended by striking ‘‘sec12 tion 5338(a)(2)(K)’’ each place it appears and inserting 

13 ‘‘section 5338(a)(2)(L)’’. 

14 SEC. 4. AUTHORIZATIONS. 

15 Section 5338(a) of title 49, United States Code, is 

16 amended— 

17 (1) in paragraph (1)— 

18 (A) in subparagraph (C), by striking 

19 ‘‘$13,990,000,000’’ and inserting 

20 ‘‘$14,290,000,000’’; 

21 (B) in subparagraph (D), by striking 

22 ‘‘$14,279,000,000’’ and inserting 

23 ‘‘$14,579,000,000’’; and 


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1 (C) in subparagraph (E), by striking 

2 ‘‘$14,642,000,000’’ and inserting 

3 ‘‘$14,942,000,000’’; and 

4 (2) in paragraph (2)(L)— 

5 (A) by striking ‘‘$3,680,934,484’’ and in6 serting ‘‘$3,980,934,484’’; 

7 (B) by striking ‘‘$3,755,675,417’’ and in8 serting ‘‘$4,055,675,417’’; 

9 (C) by striking ‘‘$3,850,496,668’’ and in10 serting ‘‘$4,150,496,668’’; and 

11 (D) by inserting ‘‘and $300,000,000 for 

12 each of fiscal years 2024 through 2027 shall be 

13 available to carry out section 5337(g)’’ after 

14 ‘‘section 5337(f)’’. 

Æ 


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