755 
‘‘(ii) MAXIMUM APPORTIONMENT.—No 
State shall receive more than 5 percent of 
the amount apportioned under clause (i). 
‘‘(E) 
LOW-INCOME
INDIVIDUALS.—Each 
State shall receive an amount that is equal to 10 
percent of the amount apportioned under this 
paragraph, multiplied by the ratio of low-income 
individuals in rural areas in that State and di-
vided by the number of low-income individuals 
in all rural areas in the United States, as shown 
by the Bureau of the Census.’’; 
(3) in subsection (f)— 
(A) in paragraph (1) by inserting ‘‘A State 
may expend funds to continue service into an-
other State to extend a route.’’ before ‘‘Eligible 
activities under’’; 
(B) in paragraph (2) by inserting ‘‘and 
makes the certification and supporting docu-
ments publicly available’’ before the period at the 
end; and 
(C) by adding at the end the following: 
‘‘(3) MEANINGFUL
CONNECTIONS.—All projects 
funded under this subsection shall directly serve, or 
make meaningful scheduled connections to, the na-
tional intercity bus network.’’; and 
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(4) in subsection (g) by adding at the end the 
following: 
‘‘(6) ALLOWANCE FOR VOLUNTEER HOURS.— 
‘‘(A) APPLICABLE REGULATIONS.—For any 
funds provided by a department or agency of the 
Government under paragraph (3)(D) or by a 
service agreement under paragraph (3)(C), and 
such department or agency has regulations in 
place that provide for the valuation of volunteer 
hours as allowable in-kind contributions toward 
the non-Federal share of project costs, such regu-
lations shall be used to determine the allowable 
valuation of volunteer hours as an in-kind con-
tribution toward the non-Federal remainder of 
net project costs for a transit project funded 
under this section. 
‘‘(B) 
LIMITATIONS.—Subparagraph 
(A) 
shall not apply to the provision of fixed-route 
bus services funded under this section.’’. 
SEC. 2205. ONE-STOP PARATRANSIT PROGRAM. 
Section 5310 of title 49, United States Code, is amend-
ed by adding at the end the following: 
‘‘(j) ONE-STOP PARATRANSIT PROGRAM.— 
‘‘(1) IN
GENERAL.—Not later than 6 months 
after the date of enactment of this subsection, the Sec-
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retary shall establish a one-stop paratransit competi-
tive grant program to encourage an extra stop in 
non-fixed route Americans with Disabilities Act of 
1990 (42 U.S.C. 12101 et seq.) service for a para-
transit rider to complete essential tasks. 
‘‘(2) PREFERENCE.—The Secretary shall give 
preference to eligible recipients that— 
‘‘(A) have comparable data for the year 
prior to implementation of the grant program 
and made available to the Secretary, academic 
and nonprofit organizations for research pur-
poses; and 
‘‘(B) plan to use agency personnel to imple-
ment the pilot program. 
‘‘(3) APPLICATION CRITERIA.—To be eligible to 
participate in the grant program, an eligible recipi-
ent shall submit to the Secretary an application con-
taining such information as the Secretary may re-
quire, including information on— 
‘‘(A) locations the eligible entity intends to 
allow a stop at, if stops are limited, including— 
‘‘(i) childcare or education facilities; 
‘‘(ii) pharmacies; 
‘‘(iii) grocery stores; and 
‘‘(iv) bank or ATM locations; 
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‘‘(B) methodology for informing the public 
of the grant program; 
‘‘(C) vehicles, personnel, and other resources 
that will be used to implement the grant pro-
gram; 
‘‘(D) if the applicant does not intend the 
grant program to apply to the full area under 
the jurisdiction of the applicant, a description of 
the geographic area in which the applicant in-
tends the grant program to apply; and 
‘‘(E) the anticipated amount of increased 
operating costs. 
‘‘(4) SELECTION.—The Secretary shall seek to 
achieve diversity of participants in the grant pro-
gram by selecting a range of eligible entities that in-
cludes at least— 
‘‘(A) 5 eligible recipients that serve an area 
with a population of 50,000 to 200,000; 
‘‘(B) 10 eligible recipients that serve an 
area with a population of over 200,000; and 
‘‘(C) 5 eligible recipients that provide trans-
portation for rural communities. 
‘‘(5) DATA-SHARING CRITERIA.—An eligible re-
cipient in this subsection shall provide data as the 
Secretary requires, which may include— 
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‘‘(A) number of ADA paratransit trips con-
ducted each year; 
‘‘(B) requested time of each paratransit 
trip; 
‘‘(C) scheduled time of each paratransit 
trip; 
‘‘(D) actual pickup time for each para-
transit trip; 
‘‘(E) average length of a stop in the middle 
of a ride as allowed by this subsection; 
‘‘(F) any complaints received by a para-
transit rider; 
‘‘(G) rider satisfaction with paratransit 
services; and 
‘‘(H) after the completion of the grant, an 
assessment by the eligible recipient of its capac-
ity to continue a one-stop program independ-
ently. 
‘‘(6) REPORT.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
make publicly available an annual report on the 
program carried out under this subsection for 
each fiscal year, not later than December 31 of 
the calendar year in which such fiscal year ends. 
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‘‘(B) 
CONTENTS.—The 
report 
required 
under subparagraph (A) shall include a detailed 
description of the activities carried out under the 
program, and an evaluation of the program, in-
cluding an evaluation of the data shared by eli-
gible recipients under paragraph (5).’’. 
Subtitle C—Buy America and Other 
Procurement Reforms 
SEC. 2301. BUY AMERICA. 
(a) BUY AMERICA.— 
(1) IN GENERAL.—Chapter 53 of title 49, United 
States Code, is amended by inserting before section 
5321 the following: 
‘‘§ 5320. Buy America 
‘‘(a) IN GENERAL.—The Secretary may obligate an 
amount that may be appropriated to carry out this chapter 
for a project only if the steel, iron, and manufactured goods 
used in the project are produced in the United States. 
‘‘(b) WAIVER.—The Secretary may waive subsection 
(a) if the Secretary finds that— 
‘‘(1) applying subsection (a) would be incon-
sistent with the public interest; 
‘‘(2) the steel, iron, and goods produced in the 
United States are not produced in a sufficient and 
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reasonably available amount or are not of a satisfac-
tory quality; 
‘‘(3) when procuring rolling stock (including 
train control, communication, traction power equip-
ment, and rolling stock prototypes) under this chap-
ter— 
‘‘(A) the cost of components and subcompo-
nents produced in the United States is more 
than 70 percent of the cost of all components of 
the rolling stock; and 
‘‘(B) final assembly of the rolling stock has 
occurred in the United States; or 
‘‘(4) including domestic material will increase 
the cost of the overall project by more than 25 percent. 
‘‘(c) WRITTEN WAIVER DETERMINATION AND ANNUAL 
REPORT.— 
‘‘(1) WAIVER PROCEDURE.—Not later than 120 
days after the submission of a request for a waiver, 
the Secretary shall make a determination under sub-
section (b)(1), (b)(2), or (b)(4) as to whether to waive 
subsection (a). 
‘‘(2) PUBLIC NOTIFICATION AND COMMENT.— 
‘‘(A) IN GENERAL.—Not later than 30 days 
before making a determination regarding a 
waiver described in paragraph (1), the Secretary 
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shall provide notification and an opportunity for 
public comment on the request for such waiver. 
‘‘(B) NOTIFICATION
REQUIREMENTS.—The 
notification required under subparagraph (A) 
shall— 
‘‘(i) describe whether the application is 
being made for a waiver described in sub-
section (b)(1), (b)(2) or (b)(4); and 
‘‘(ii) be provided to the public by elec-
tronic means, including on a public website 
of the Department of Transportation. 
‘‘(3) DETERMINATION.—Before a determination 
described in paragraph (1) takes effect, the Secretary 
shall publish a detailed justification for such deter-
mination that addresses all public comments received 
under paragraph (2)— 
‘‘(A) on the public website of the Depart-
ment of Transportation; and 
‘‘(B) if the Secretary issues a waiver with 
respect to such determination, in the Federal 
Register. 
‘‘(4) ANNUAL REPORT.—Annually, the Secretary 
shall submit to the Committee on Banking, Housing, 
and Urban Affairs of the Senate and the Committee 
on Transportation and Infrastructure of the House of 
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Representatives a report listing any waiver issued 
under paragraph (1) during the preceding year. 
‘‘(d) ROLLING STOCK WAIVER CONDITIONS.— 
‘‘(1) LABOR COSTS FOR FINAL ASSEMBLY.—In 
this section, highly skilled labor costs involved in final 
assembly shall be included as a separate component 
in the cost of components and subcomponents under 
subsection (b)(3)(A). 
‘‘(2) HIGH
DOMESTIC
CONTENT
COMPONENT 
BONUS.—In this section, in calculating the domestic 
content of the rolling stock under subsection (b)(3)(A), 
the percent, rounded to the nearest whole number, of 
the domestic content in components of such rolling 
stock, weighted by cost, shall be used in calculating 
the domestic content of the rolling stock, except— 
‘‘(A) with respect to components that ex-
ceed— 
‘‘(i) 70 percent domestic content, the 
Secretary shall add 10 additional percent to 
the component’s domestic content when cal-
culating the domestic content of the rolling 
stock; and 
‘‘(ii) 75 percent domestic content, the 
Secretary shall add 15 additional percent to 
the component’s domestic content when cal-
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culating the domestic content of the rolling 
stock; and 
‘‘(B) in no case may a component exceed 
100 percent domestic content when calculating 
the domestic content of the rolling stock. 
‘‘(3) ROLLING STOCK FRAMES OR CAR SHELLS.— 
‘‘(A) INCLUSION OF COSTS.—Subject to the 
substantiation requirement of subparagraph (B), 
in calculating the cost of the domestic content of 
the rolling stock under subsection (b)(3), in the 
case of a rolling stock procurement receiving as-
sistance under this chapter in which the average 
cost of a rolling stock vehicle in the procurement 
is more than $300,000, if rolling stock frames or 
car shells are not produced in the United States, 
the Secretary shall include in the calculation of 
the domestic content of the rolling stock the cost 
of the steel or iron that is produced in the 
United States and used in the rolling stock 
frames or car shells. 
‘‘(B) SUBSTANTIATION.—If a rolling stock 
vehicle manufacturer wishes to include in the 
calculation of the vehicle’s domestic content the 
cost of steel or iron produced in the United 
States and used in the rolling stock frames and 
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car shells that are not produced in the United 
States, the manufacturer shall maintain and 
provide upon request a mill certification that 
substantiates the origin of the steel or iron. 
‘‘(4) TREATMENT OF WAIVED COMPONENTS AND 
SUBCOMPONENTS.—In this section, a component or 
subcomponent waived under subsection (b) shall be ex-
cluded from any part of the calculation required 
under subsection (b)(3)(A). 
‘‘(5) ZERO-EMISSION
VEHICLE
DOMESTIC
BAT-
TERY CELL INCENTIVE.—The Secretary shall add 2.5 
percent to the total domestic content when calculating 
the domestic content of the rolling stock for any zero- 
emission vehicle that uses only battery cells for pro-
pulsion that are manufactured domestically. 
‘‘(6) PROHIBITION ON DOUBLE COUNTING.— 
‘‘(A) IN GENERAL.—No labor costs included 
in the cost of a component or subcomponent by 
the manufacturer of rolling stock may be treated 
as rolling stock assembly costs for purposes of 
calculating domestic content. 
‘‘(B) VIOLATION.—A violation of this para-
graph shall be treated as a false claim under 
subchapter III of chapter 37 of title 31. 
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‘‘(7) DEFINITION
OF
HIGHLY
SKILLED
LABOR 
COSTS.—In this subsection, the term ‘highly skilled 
labor costs’— 
‘‘(A) means the apportioned value of direct 
wage compensation associated with final assem-
bly activities of workers directly employed by a 
rolling stock original equipment manufacturer 
and directly associated with the final assembly 
activities of a rolling stock vehicle that advance 
the value or improve the condition of the end 
product; 
‘‘(B) does not include any temporary or in-
direct activities or those hired via a third-party 
contractor or subcontractor; 
‘‘(C) are limited to metalworking, fabrica-
tion, welding, electrical, engineering, and other 
technical activities requiring training; 
‘‘(D) are not otherwise associated with ac-
tivities required under section 661.11 of title 49, 
Code of Federal Regulations; and 
‘‘(E) includes only activities performed in 
the United States and does not include that of 
foreign nationals providing assistance at a 
United States manufacturing facility. 
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‘‘(e) CERTIFICATION OF DOMESTIC SUPPLY AND DIS-
CLOSURE.— 
‘‘(1) CERTIFICATION OF DOMESTIC SUPPLY.—If 
the Secretary denies an application for a waiver 
under subsection (b)(2), the Secretary shall provide to 
the applicant a written certification that— 
‘‘(A) the steel, iron, or manufactured goods, 
as applicable, (referred to in this paragraph as 
the ‘item’) is produced in the United States in 
a sufficient and reasonably available amount; 
‘‘(B) the item produced in the United States 
is of a satisfactory quality; and 
‘‘(C) includes a list of known manufacturers 
in the United States from which the item can be 
obtained. 
‘‘(2) DISCLOSURE.—The Secretary shall disclose 
the waiver denial and the written certification to the 
public in the manner described in subsection (c). 
‘‘(f) WAIVER PROHIBITED.—The Secretary may not 
make a waiver under subsection (b) for goods produced in 
a foreign country if the Secretary, in consultation with the 
United States Trade Representative, decides that the gov-
ernment of that foreign country— 
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‘‘(1) has an agreement with the United States 
Government under which the Secretary has waived 
the requirement of this section; and 
‘‘(2) has violated the agreement by discrimi-
nating against goods to which this section applies 
that are produced in the United States and to which 
the agreement applies. 
‘‘(g) PENALTY FOR MISLABELING AND MISREPRESEN-
TATION.—A person is ineligible under subpart 9.4 of the 
Federal Acquisition Regulation, or any successor thereto, to 
receive a contract or subcontract made with amounts au-
thorized under title II of division B of the INVEST in 
America Act if a court or department, agency, or instru-
mentality of the Government decides the person inten-
tionally— 
‘‘(1) affixed a ‘Made in America’ label, or a label 
with an inscription having the same meaning, to 
goods sold in or shipped to the United States that are 
used in a project to which this section applies but not 
produced in the United States; or 
‘‘(2) represented that goods described in para-
graph (1) were produced in the United States. 
‘‘(h) STATE REQUIREMENTS.—The Secretary may not 
impose any limitation on assistance provided under this 
chapter that restricts a State from imposing more stringent 
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requirements than this subsection on the use of articles, ma-
terials, and supplies mined, produced, or manufactured in 
foreign countries in projects carried out with that assistance 
or restricts a recipient of that assistance from complying 
with those State-imposed requirements. 
‘‘(i) 
OPPORTUNITY
TO
CORRECT
INADVERTENT 
ERROR.—The Secretary may allow a manufacturer or sup-
plier of steel, iron, or manufactured goods to correct after 
bid opening any certification of noncompliance or failure 
to properly complete the certification (but not including 
failure to sign the certification) under this subsection if 
such manufacturer or supplier attests under penalty of per-
jury that such manufacturer or supplier submitted an in-
correct certification as a result of an inadvertent or clerical 
error. The burden of establishing inadvertent or clerical 
error is on the manufacturer or supplier. 
‘‘(j) ADMINISTRATIVE REVIEW.—A party adversely af-
fected by an agency action under this subsection shall have 
the right to seek review under section 702 of title 5. 
‘‘(k) STEEL AND IRON.—For purposes of this section, 
steel and iron meeting the requirements of section 661.5(b) 
of title 49, Code of Federal Regulations, may be considered 
produced in the United States. 
‘‘(l) DEFINITION OF SMALL PURCHASE.—For purposes 
of determining whether a purchase qualifies for a general 
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public interest waiver under subsection (b)(1), including 
under any regulation promulgated under such subsection, 
the term ‘small purchase’ means a purchase of not more 
than $150,000. 
‘‘(m) PREAWARD
AND POSTDELIVERY REVIEW
OF 
ROLLING STOCK PURCHASES.— 
‘‘(1) IN GENERAL.—The Secretary shall prescribe 
regulations requiring a preaward and postdelivery 
certification of a rolling stock vehicle that meets the 
requirements of this section and Government motor 
vehicle safety requirements to be eligible for a grant 
under this chapter. For compliance with this sec-
tion— 
‘‘(A) Federal inspections and review are re-
quired; 
‘‘(B) a manufacturer certification is not 
sufficient; and 
‘‘(C) a rolling stock vehicle that has been 
certified by the Secretary remains certified until 
the manufacturer makes a material change to the 
vehicle, or adjusts the cost of all components of 
the rolling stock, that reduces, by more than half, 
the percentage of domestic content above 70 per-
cent. 
‘‘(2) CERTIFICATION OF PERCENTAGE.— 
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‘‘(A) IN GENERAL.—The Secretary may, at 
the request of a component or subcomponent 
manufacturer, certify the percentage of domestic 
content and place of manufacturing for a compo-
nent or subcomponent. 
‘‘(B) PERIOD
OF
CERTIFICATION.—Any 
component or subcomponent certified by the Sec-
retary shall remain certified until the manufac-
turer makes a material change to the domestic 
content or the place of manufacturing of such 
component or subcomponent. 
‘‘(3) FREEDOM OF INFORMATION ACT.—In car-
rying out this subsection, the Secretary shall apply 
the provisions of section 552 of title 5, including sub-
section (b)(4) of such section. 
‘‘(4) NONCOMPLIANCE.—The Secretary shall pro-
hibit recipients from procuring rolling stock, compo-
nents, or subcomponents from a supplier that inten-
tionally provides false information to comply with 
this subsection. 
‘‘(n) SCOPE.—The requirements of this section apply 
to all contracts for a public transportation project carried 
out within the scope of the applicable finding, determina-
tion, or decision under the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.), regardless of the fund-
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ing source of such contracts, if at least one contract for the 
public transportation project is funded with amounts made 
available to carry out this chapter. 
‘‘(o) BUY AMERICA CONFORMITY.—The Secretary shall 
ensure that all Federal funds for new commuter rail projects 
shall comply with this section and shall not be subject to 
section 22905(a). 
‘‘(p) AUDITS AND REPORTING OF WASTE, FRAUD, AND 
ABUSE.— 
‘‘(1) IN GENERAL.—The Inspector General of the 
Department of Transportation shall conduct an an-
nual audit on certifications under subsection (m) re-
garding compliance with Buy America. 
‘‘(2) REPORT FRAUD, WASTE, AND ABUSE.—The 
Secretary shall display a ‘Report Fraud, Waste, and 
Abuse’ button and link to Department of Transpor-
tation’s Office of Inspector General Hotline on the 
Federal Transit Administration’s Buy America land-
ing page. 
‘‘(3) CONTRACT REQUIREMENT.—The Secretary 
shall require all recipients who enter into contracts to 
purchase rolling stock with funds provided under this 
chapter to include in such contract information on 
how to contact the Department of Transportation’s 
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Office of Inspector General Hotline to report sus-
picions of fraud, waste, and abuse. 
‘‘(q) PASSENGER MOTOR VEHICLES.— 
‘‘(1) IN GENERAL.—Any domestically manufac-
tured passenger motor vehicle shall be considered to be 
produced in the United States under this section. 
‘‘(2) DOMESTICALLY MANUFACTURED PASSENGER 
MOTOR VEHICLE.—In this subsection, the term ‘do-
mestically manufactured passenger motor vehicle’ 
means any passenger motor vehicle, as such term is 
defined in section 32304(a) that— 
‘‘(A) has under section 32304(b)(1)(B) its 
final assembly place in the United States; and 
‘‘(B) the percentage (by value) of passenger 
motor equipment under section 32304(b)(1)(A) 
equals or exceeds 60 percent value added. 
‘‘(r) ROLLING STOCK COMPONENTS AND SUBCOMPO-
NENTS.—No bus shell, railcar frame, or other component 
or subcomponent that is primarily made of steel or iron 
shall be treated as produced in the United States for pur-
poses of subsection (b)(3) or determined to be of domestic 
origin under section 661.11 of title 49, Code of Federal Reg-
ulations, if the material inputs of such component or sub-
component were imported into the United States and the 
processes performed in the United States on the imported 
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articles would not result in a change in the article’s classi-
fication to chapter 86 or 87 of the Harmonized Tariff 
Schedule of the United States from another chapter or a 
new heading of any chapter from the heading under which 
the article was classified upon entry. 
‘‘(s) TREATMENT OF STEEL AND IRON COMPONENTS 
AS PRODUCED IN THE UNITED STATES.—Notwithstanding 
any other provision of any law or any rule, regulation, or 
policy of the Federal Transit Administration, steel and iron 
components of a system, as defined in section 661.3 of title 
49, Code of Federal Regulations, and of manufactured end 
products referred to in Appendix A of such section, may 
not be considered to be produced in the United States unless 
such components meet the requirements of section 661.5(b) 
of title 49, Code of Federal Regulations. 
‘‘(t) REQUIREMENT FOR TRANSIT AGENCIES.—Not-
withstanding the provisions of this section, if a transit 
agency accepts Federal funds, such agency shall adhere to 
the requirements of this section in procuring rolling stock.’’. 
(2) CLERICAL
AMENDMENT.—The analysis for 
chapter 53 of title 49, United States Code, is amended 
by inserting before the item relating to section 5321 
the following: 
‘‘5320. Buy America.’’. 
(3) CONFORMING AMENDMENTS.— 
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(A) TECHNICAL
ASSISTANCE
AND
WORK-
FORCE DEVELOPMENT.—Section 5314(a)(2)(G) of 
title 49, United States Code, is amended by 
striking ‘‘sections 5323(j) and 5323(m)’’ and in-
serting ‘‘section 5320’’. 
(B) URBANIZED AREA FORMULA GRANTS.— 
Section 5307(c)(1)(E) of title 49, United States 
Code, is amended by inserting ‘‘, 5320,’’ after 
‘‘5323’’. 
(C) INNOVATIVE
PROCUREMENT.—Section 
3019(c)(2)(E)(ii) of the FAST Act (49 U.S.C. 
5325 note) is amended by striking ‘‘5323(j)’’ and 
inserting ‘‘5320’’. 
(b) BUS ROLLING STOCK.—Not later than 18 months 
after the date of enactment of this Act, the Secretary of 
Transportation shall issue such regulations as are necessary 
to revise Appendix B and Appendix D of section 661.11 
of title 49, Code of Federal Regulations, with respect to bus 
rolling stock to maximize job creation and align such sec-
tion with modern manufacturing techniques. 
(c) RAIL ROLLING STOCK.—Not later than 30 months 
after the date of enactment of this Act, the Secretary shall 
issue such regulations as are necessary to revise subsections 
(t), (u), and (v) of section 661.11 of title 49, Code of Federal 
Regulations, with respect to rail rolling stock to maximize 
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procurement of rail rolling stock beginning on 
the earlier of— 
(i) 180 days after the date on which 
final regulations are issued pursuant to 
subsection (c); or 
(ii) the date that is 2 years after the 
date of enactment of this Act. 
(D) Section 5320(p)(1) shall apply on the 
date that is 1 year after the latest of the applica-
tion dates described in subparagraphs (A) 
through (C). 
(3) SPECIAL RULE FOR CERTAIN CONTRACTS.— 
For any contract described in paragraph (1) for 
which the delivery for the first production vehicle oc-
curs before October 1, 2024, paragraphs (1) and (4) 
of section 5320(d) shall not apply. 
(4) SPECIAL RULE FOR BATTERY CELL INCEN-
TIVES.—For any contract described in paragraph (1) 
for which the delivery for the first production vehicle 
occurs before October 1, 2023, section 5320(d)(5) shall 
not apply. 
(5) APPLICATION
OF
EXISTING
LAW.—During 
any periods described in this subsection, the Secretary 
shall apply the requirements of sections 5323(j) and 
5323(m) of title 49, United States Code, as in effect 
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on the day before the date of enactment of this Act, 
as applicable. 
(e) SPECIAL RULE FOR DOMESTIC CONTENT.— 
(1) IN GENERAL.—For the calculation of the per-
cent of domestic content calculated under section 
5320(d)(2) for a contract for rolling stock entered into 
on or after October 1, 2021— 
(A) if the delivery of the first production ve-
hicle occurs in fiscal year 2023 or fiscal year 
2024, for components that exceed 70 percent do-
mestic content, the Secretary shall add 20 addi-
tional percent to the component’s domestic con-
tent; and 
(B) if the delivery of the first production ve-
hicle occurs in fiscal year 2025 or fiscal year 
2026— 
(i) for components that exceed 70 per-
cent but do not exceed 75 percent domestic 
content, the Secretary shall add 15 addi-
tional percent to the component’s domestic 
content; or 
(ii) for components that exceed 75 per-
cent domestic content, the Secretary shall 
add 20 additional percent to the compo-
nent’s domestic content. 
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(2) CONTRACTS AFTER OCTOBER 1, 2021.—For 
the calculation of the percent of domestic content cal-
culated under section 5320(d)(2) for a contract for 
rolling stock entered into on or after October 1, 2021 
for a vehicle described in section 5339(c)(1)(D), and 
notwithstanding subsection (e)(1), if the delivery of 
the first production vehicle occurs in fiscal year 2023 
or 2024, for components that exceed 70 percent domes-
tic content, the Secretary shall add 30 additional per-
cent to the component’s domestic content. 
(3) BATTERY CELLS.—Paragraph (1) and para-
graph (2) of this subsection shall not apply to any 
contract for rolling stock if the manufacturer of the 
rolling stock or the manufacturer of the battery cells 
used for propulsion of the rolling stock is an entity 
described in 49 USC 5323(u)(1) and (u)(2). 
SEC. 2302. BUS PROCUREMENT STREAMLINING. 
Section 5323 of title 49, United States Code, is amend-
ed by adding at the end the following: 
‘‘(x) BUS PROCUREMENT STREAMLINING.— 
‘‘(1) IN GENERAL.—The Secretary may only ob-
ligate amounts for acquisition of buses under this 
chapter to a recipient that issues a request for pro-
posals for an open market procurement that meets the 
following criteria: 
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‘‘(A) Such request for proposals is limited 
to performance specifications, except for compo-
nents or subcomponents identified in the nego-
tiated rulemaking carried out pursuant to this 
subsection. 
‘‘(B) Such request for proposals does not 
seek any alternative design or manufacture spec-
ification of a bus offered by a manufacturer, ex-
cept to require a component or subcomponent 
identified in the negotiated rulemaking carried 
out pursuant to this subsection. 
‘‘(2) SPECIFIC
BUS
COMPONENT
NEGOTIATED 
RULEMAKING.— 
‘‘(A) INITIATION.—Not later than 120 days 
after the date of enactment of the INVEST in 
America Act, the Secretary shall initiate proce-
dures under subchapter III of chapter 5 of title 
5 to negotiate and issue such regulations as are 
necessary to establish as limited a list as is prac-
ticable of bus components and subcomponents de-
scribed in subparagraph (B). 
‘‘(B) LIST OF COMPONENTS.—The regula-
tions required under subparagraph (A) shall es-
tablish a list of bus components and subcompo-
nents that may be specified in a request for pro-
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posals described in paragraph (1) by a recipient. 
The Secretary shall ensure the list is limited in 
scope and limited to only components and sub-
components that cannot be selected with perform-
ance specifications to ensure interoperability. 
‘‘(C) PUBLICATION OF PROPOSED REGULA-
TIONS.—Proposed regulations to implement this 
section shall be published in the Federal Register 
by the Secretary not later than 18 months after 
such date of enactment. 
‘‘(D) 
COMMITTEE.—A 
negotiated 
rule-
making committee established pursuant to sec-
tion 565 of title 5 to carry out this paragraph 
shall have a maximum of 11 members limited to 
representatives of the Department of Transpor-
tation, urban and rural recipients (including 
State government recipients), and transit vehicle 
manufacturers. 
‘‘(E) EXTENSION OF DEADLINES.—A dead-
line set forth in subparagraph (C) may be ex-
tended up to 180 days if the negotiated rule-
making committee referred to in subparagraph 
(D) concludes that the committee cannot meet the 
deadline and the Secretary so notifies the Com-
mittee on Transportation and Infrastructure of 
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the House of Representatives and the Committee 
on Banking, Housing, and Urban Affairs of the 
Senate. 
‘‘(3) SAVINGS CLAUSE.—Nothing in this section 
shall be construed to provide additional authority for 
the Secretary to restrict what a bus manufacturer of-
fers to sell to a public transportation agency.’’. 
SEC. 2303. BUS TESTING FACILITY. 
Section 5318 of title 49, United States Code, is amend-
ed by adding at the end the following: 
‘‘(f) TESTING SCHEDULE.—The Secretary shall— 
‘‘(1) determine eligibility of a bus manufactur-
er’s request for testing within 10 business days; and 
‘‘(2) make publicly available the current backlog 
(in months) to begin testing a new bus at the bus test-
ing facility.’’. 
SEC. 2304. REPAYMENT REQUIREMENT. 
(a) IN GENERAL.—A transit agency shall repay into 
the general fund of the Treasury any funds received from 
the Federal Transit Administration under section 3401 of 
the American Rescue Plan Act of 2021 (Public Law 117– 
2) if the funds were used to award a contract or subcontract 
to an entity for the procurement of rolling stock for use in 
public transportation if the manufacturer of the rolling 
stock— 
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(1) is incorporated in or has manufacturing fa-
cilities in the United States; and 
(2) is owned or controlled by, is a subsidiary of, 
or is otherwise related legally or financially to a cor-
poration based in a country that— 
(A) is identified as a nonmarket economy 
country (as defined in section 771(18) of the 
Tariff Act of 1930 (19 U.S.C. 1677(18))) as of 
the date of enactment of this subsection; 
(B) was identified by the United States 
Trade Representative in the most recent report 
required by section 182 of the Trade Act of 1974 
(19 U.S.C. 2242) as a priority foreign country 
under subsection (a)(2) of that section; and 
(C) is subject to monitoring by the Trade 
Representative under section 306 of the Trade 
Act of 1974 (19 U.S.C. 2416). 
(b) CERTIFICATION.—Not later than 60 days after the 
date of enactment of this section, a transit agency that re-
ceived funds pursuant to the laws specified in subsection 
(a) shall certify that the agency has not and shall not use 
such funds to purchase rolling stock described in subsection 
(a). 
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SEC. 2305. DEFINITION OF URBANIZED AREAS FOLLOWING 
A MAJOR DISASTER. 
(a) IN GENERAL.—Section 5323 of title 49, United 
States Code, is amended by adding at the end the following: 
‘‘(y) URBANIZED AREAS FOLLOWING A MAJOR DIS-
ASTER.— 
‘‘(1) DEFINED
TERM.—In this subsection, the 
term ‘decennial census date’ has the meaning given 
the term in section 141(a) of title 13. 
‘‘(2) URBANIZED AREA MAJOR DISASTER POPU-
LATION CRITERIA.—Notwithstanding section 5302, for 
purposes of this chapter, the Secretary shall treat an 
area as an urbanized area for the period described in 
paragraph (3) if— 
‘‘(A) a major disaster was declared by the 
President under section 401 of the Robert T. 
Stafford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5170) for the area during 
the 3-year period preceding the decennial census 
date for the 2010 decennial census or for any 
subsequent decennial census; 
‘‘(B) the area was defined and designated 
as an ‘urbanized area’ by the Secretary of Com-
merce in the decennial census immediately pre-
ceding the major disaster described in subpara-
graph (A); and 
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‘‘(C) the population of the area fell below 
50,000 as a result of the major disaster described 
in subparagraph (A). 
‘‘(3) COVERED
PERIOD.—The Secretary shall 
treat an area as an urbanized area under paragraph 
(2) during the period— 
‘‘(A) beginning on— 
‘‘(i) in the case of a major disaster de-
scribed in paragraph (2)(A) that occurred 
during the 3-year period preceding the de-
cennial census date for the 2010 decennial 
census, October 1 of the first fiscal year that 
begins after the date of enactment of this 
subsection; or 
‘‘(ii) in the case of any other major 
disaster described in paragraph (2)(A), Oc-
tober 1 of the first fiscal year— 
‘‘(I) that begins after the decen-
nial census date for the first decennial 
census conducted after the major dis-
aster; and 
‘‘(II) for which the Secretary has 
sufficient data from that census to de-
termine that the area qualifies for 
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treatment as an urbanized area under 
paragraph (2); and 
‘‘(B) ending on the day before the first fiscal 
year— 
‘‘(i) that begins after the decennial cen-
sus date for the second decennial census con-
ducted after the major disaster described in 
paragraph (2)(A); and 
‘‘(ii) for which the Secretary has suffi-
cient data from that census to determine 
which areas are urbanized areas for pur-
poses of this chapter. 
‘‘(4) POPULATION CALCULATION.—An area treat-
ed as an urbanized area under this subsection shall 
be assigned the population and square miles of the ur-
banized area designated by the Secretary of Commerce 
in the most recent decennial census conducted before 
the major disaster described in paragraph (2)(A). 
‘‘(5) SAVINGS PROVISION.—Nothing in this sub-
section may be construed to affect apportionments 
made under this chapter before the date of enactment 
of this subsection.’’. 
(b) AMENDMENT TAKES EFFECT ON ENACTMENT.— 
Notwithstanding section 1001, the amendment made by sub-
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section (a) shall take effect on the date of enactment of this 
Act. 
SEC. 2306. SPECIAL RULE FOR CERTAIN ROLLING STOCK 
PROCUREMENTS. 
(a) CERTIFICATION.—Section 5323(u)(4) of title 49, 
United States Code, is amended— 
(1) in subparagraph (A) in the heading by strik-
ing ‘‘RAIL’’; and 
(2) by adding at the end the following: 
‘‘(C) NONRAIL ROLLING STOCK.—Notwith-
standing subparagraph (B) of paragraph (5), as 
a condition of financial assistance made avail-
able in a fiscal year under section 5339, a re-
cipient shall certify in that fiscal year that the 
recipient will not award any contract or sub-
contract for the procurement of rolling stock for 
use in public transportation with a rolling stock 
manufacturer described in paragraph (1).’’. 
(b) SPECIAL RULE.—Section 5323(u)(5)(A) of title 49, 
United States Code, is amended by striking ‘‘made by a 
public transportation agency with a rail rolling stock man-
ufacturer described in paragraph (1)’’ and all that follows 
through the period at the end and inserting ‘‘as of December 
20, 2019, including options and other requirements tied to 
these contracts or subcontracts, made by a public transpor-
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tation agency with a restricted rail rolling stock manufac-
turer.’’. 
SEC. 2307. SPARE RATIO WAIVER. 
Section 5323 of title 49, United States Code, is further 
amended by adding at the end the following: 
‘‘(z) SPARE RATIO WAIVER.—The Federal Transit Ad-
ministration shall waive spare ratio policies for rolling 
stock found in FTA Grant Management Requirements Cir-
cular 5010.1, FTA Circular 9030.1 providing Urbanized 
Area Formula Program guidance, and other guidance docu-
ments for 2 years from the date of enactment of the INVEST 
in America Act.’’. 
Subtitle D—Bus Grant Reforms 
SEC. 2401. FORMULA GRANTS FOR BUSES. 
Section 5339(a) of title 49, United States Code, is 
amended— 
(1) in paragraph (1)— 
(A) by inserting ‘‘and subsection (d)’’ after 
‘‘In this subsection’’; 
(B) in subparagraph (A) by striking ‘‘term 
‘low or no emission vehicle’ has’’ and inserting 
‘‘term ‘zero emission vehicle’ has’’; 
(C) in subparagraph (B) by inserting ‘‘and 
the District of Columbia’’ after ‘‘United States’’; 
and 
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(D) in subparagraph (C) by striking ‘‘the 
District of Columbia,’’; 
(2) in paragraph (2)(A) by striking ‘‘low or no 
emission vehicles’’ and inserting ‘‘zero emission vehi-
cles’’; 
(3) in paragraph (4)— 
(A) in subparagraph (A) by inserting ‘‘and 
subsection (d)’’ after ‘‘this subsection’’; and 
(B) in subparagraph (B) by inserting ‘‘and 
subsection (d)’’ after ‘‘this subsection’’; 
(4) in paragraph (5)(A)— 
(A) by striking ‘‘$90,500,000’’ and inserting 
‘‘$156,750,000’’; 
(B) by striking ‘‘2016 through 2020’’ and 
inserting ‘‘2023 through 2026’’; 
(C) by striking ‘‘$1,750,000’’ and inserting 
‘‘$3,000,000’’; and 
(D) by striking ‘‘$500,000’’ and inserting 
‘‘$750,000’’; 
(5) in paragraph (7) by adding at the end the 
following: 
‘‘(C) SPECIAL RULE FOR BUSES AND RE-
LATED EQUIPMENT FOR ZERO EMISSION VEHI-
CLES.—Notwithstanding subparagraph (A), a 
grant for a capital project for buses and related 
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equipment for hybrid electric buses that make 
meaningful reductions in energy consumption 
and harmful emissions, including direct carbon 
emissions, and zero emission vehicles under this 
subsection shall be for 90 percent of the net cap-
ital costs of the project. A recipient of a grant 
under this subsection may provide additional 
local matching amounts.’’; 
(6) in paragraph (8)— 
(A) by striking ‘‘3 fiscal years’’ and insert-
ing ‘‘4 fiscal years’’; and 
(B) by striking ‘‘3-fiscal-year period’’ and 
inserting ‘‘4-fiscal-year period’’; and 
(7) by striking paragraph (9). 
SEC. 2402. BUS FACILITIES AND FLEET EXPANSION COM-
PETITIVE GRANTS. 
Section 5339(b) of title 49, United States Code, is 
amended— 
(1) in the heading by striking ‘‘BUSES AND BUS 
FACILITIES COMPETITIVE GRANTS’’ and inserting 
‘‘BUS FACILITIES AND FLEET EXPANSION COMPETI-
TIVE GRANTS’’; 
(2) in paragraph (1)— 
(A) by striking ‘‘buses and’’; 
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(B) by inserting ‘‘and certain buses’’ after 
‘‘capital projects’’; 
(C) in subparagraph (A) by striking ‘‘buses 
or related equipment’’ and inserting ‘‘bus-related 
facilities’’; and 
(D) by striking subparagraph (B) and in-
serting the following: 
‘‘(B) purchasing or leasing buses that will 
not replace buses in the applicant’s fleet at the 
time of application and will be used to— 
‘‘(i) increase the frequency of bus serv-
ice; or 
‘‘(ii) increase the service area of the 
applicant.’’; 
(3) by striking paragraph (2) and inserting the 
following: 
‘‘(2) 
GRANT
CONSIDERATIONS.—In 
making 
grants— 
‘‘(A) under subparagraph (1)(A), the Sec-
retary shall only consider— 
‘‘(i) the age and condition of bus-re-
lated facilities of the applicant compared to 
all applicants and proposed improvements 
to the resilience (as such term is defined in 
section 5302) of such facilities; 
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‘‘(ii) for a facility that, in whole or in 
part, encroaches within the limits of a 
flood-prone area, the extent to which the fa-
cility is designed and constructed in a way 
that takes into account, and mitigates where 
appropriate, flood risk; and 
‘‘(iii) for a bus station, the degree of 
multi-modal connections at such station; 
and 
‘‘(B) under paragraph (1)(B), the Secretary 
shall consider the improvements to headway and 
projected new ridership.’’; and 
(4) in paragraph (6) by striking subparagraph 
(B) and inserting the following: 
‘‘(B) GOVERNMENT SHARE OF COSTS.— 
‘‘(i) IN
GENERAL.—The Government 
share of the cost of an eligible project car-
ried out under this subsection shall not ex-
ceed 80 percent. 
‘‘(ii) SPECIAL RULE FOR BUSES AND 
RELATED EQUIPMENT FOR ZERO EMISSION 
VEHICLES.—Notwithstanding clause (i), the 
Government share of the cost of an eligible 
project for the financing of buses and re-
lated equipment for hybrid electric buses 
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‘‘(i) designated as a nonattainment 
area for ozone or particulate matter under 
section 107(d) of the Clean Air Act (42 
U.S.C. 7407(d)); 
‘‘(ii) a maintenance area, as such term 
is defined in section 5303, for ozone or par-
ticulate matter; or 
‘‘(iii) in a State that has enacted a 
statewide zero emission bus transition re-
quirement, as determined by the Secretary; 
and’’; and 
(F) by adding at the end the following: 
‘‘(H) the term ‘low-income community’ 
means any population census tract if— 
‘‘(i) the poverty rate for such tract is 
at least 20 percent; or 
‘‘(ii) in the case of a tract— 
‘‘(I) not located within a metro-
politan area, the median family in-
come for such tract does not exceed 80 
percent of statewide median family in-
come; or 
‘‘(II) located within a metropoli-
tan area, the median family income 
for such tract does not exceed 80 per-
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cent of the greater statewide median 
family income or the metropolitan area 
median family income.’’; 
(3) in paragraph (3)— 
(A) by striking subparagraph (B); and 
(B) by redesignating subparagraph (C) as 
subparagraph (B); 
(4) by striking paragraph (5) and inserting the 
following: 
‘‘(5) GRANT ELIGIBILITY.—In awarding grants 
under this subsection, the Secretary shall make grants 
to eligible projects relating to the acquisition or leas-
ing of equipment for zero-emission buses or zero-emis-
sion buses— 
‘‘(A) that procure— 
‘‘(i) at least 10 zero emission buses; 
‘‘(ii) if the recipient operates less than 
50 buses in peak service, at least 5 zero 
emission buses; or 
‘‘(iii) hydrogen buses; 
‘‘(B) for which the recipient’s board of di-
rectors has approved a long-term integrated fleet 
management plan that— 
‘‘(i) establishes— 
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‘‘(I) a goal by a set date to con-
vert the entire bus fleet to zero emission 
buses; or 
‘‘(II) a goal that within 10 years 
from the date of approval of such plan 
the recipient will convert a set percent-
age of the total bus fleet of such recipi-
ent to zero emission buses; and 
‘‘(ii) examines the impact of the tran-
sition on the applicant’s current workforce, 
by identifying skills gaps, training needs, 
and retraining needs of the existing workers 
of such applicant to operate and maintain 
zero-emission vehicles and related infra-
structure, and avoids the displacement of 
the existing workforce; and 
‘‘(C) for which the recipient has performed 
a fleet transition study that includes optimal 
route planning and an analysis of how utility 
rates may impact the recipient’s operations and 
maintenance budget.’’; 
(5) in paragraph (7)(A) by striking ‘‘80’’ and 
inserting ‘‘90’’; and 
(6) by adding at the end the following: 
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‘‘(8) 
LOW
AND
MODERATE
COMMUNITY 
GRANTS.—Not less than 10 percent of the amounts 
made available under this subsection in a fiscal year 
shall be distributed to projects serving predominantly 
low-income communities. 
‘‘(9) PRIORITY
SET-ASIDE.—Of the amounts 
made available under this subsection in a fiscal year, 
not less than— 
‘‘(A) 20 percent shall be distributed to ap-
plicants in priority areas; and 
‘‘(B) 10 percent shall be distributed to ap-
plicants not located in priority areas whose 
board of directors have approved a long-term in-
tegrated fleet management plan that establishes a 
goal to convert 100 percent of their bus fleet to 
zero-emission buses within 15 years.’’. 
(b) METROPOLITAN TRANSPORTATION PLANNING.— 
Section 5303(b) of title 49, United States Code, is amended 
by adding at the end the following: 
‘‘(9) MAINTENANCE
AREA.—The term ‘mainte-
nance area’ has the meaning given the term in sec-
tions 171(2) and 175A of the Clean Air Act (42 
U.S.C. 7501(2); 7505a).’’. 
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SEC. 2404. RESTORATION TO STATE OF GOOD REPAIR FOR-
MULA SUBGRANT. 
Section 5339 of title 49, United States Code, is amend-
ed by adding at the end the following: 
‘‘(d) RESTORATION TO STATE OF GOOD REPAIR FOR-
MULA SUBGRANT.— 
‘‘(1) GENERAL AUTHORITY.—The Secretary may 
make grants under this subsection to assist eligible re-
cipients and subrecipients described in paragraph (2) 
in financing capital projects to replace, rehabilitate, 
and purchase buses and related equipment. 
‘‘(2) ELIGIBLE
RECIPIENTS
AND
SUBRECIPI-
ENTS.—Not later than September 1 annually, the Sec-
retary shall make public a list of eligible recipients 
and subrecipients based on the most recent data 
available in the National Transit Database to cal-
culate the 20 percent of eligible recipients and sub-
recipients with the highest percentage of asset vehicle 
miles for buses beyond the useful life benchmark estab-
lished by the Federal Transit Administration. 
‘‘(3) URBAN APPORTIONMENTS.—Funds allocated 
under section 5338(a)(2)(L)(ii) shall be— 
‘‘(A) distributed to— 
‘‘(i) designated recipients in an urban-
ized area with a population of at least 
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200,000 made eligible by paragraph (1); 
and 
‘‘(ii) States based on subrecipients 
made eligible by paragraph (1) in an ur-
banized area under 200,000; and 
‘‘(B) allocated pursuant to the formula set 
forth in section 5336 other than subsection (b), 
using the data from the 20 percent of eligible re-
cipients and subrecipients. 
‘‘(4) 
RURAL
ALLOCATION.—The 
Secretary 
shall— 
‘‘(A) calculate the percentage of funds under 
section 5338(a)(2)(L)(ii) to allocate to rural sub-
recipients by dividing— 
‘‘(i) the asset vehicle miles for buses be-
yond the useful life benchmark (established 
by the Federal Transit Administration) of 
the rural subrecipients described in para-
graph (2); by 
‘‘(ii) the total asset vehicle miles for 
buses beyond such benchmark of all eligible 
recipients and subrecipients described in 
paragraph (2); and 
‘‘(B) prior to the allocation described in 
paragraph (3)(B), apportion to each State the 
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amount of the total rural allocation calculated 
under subparagraph (A) attributable to such 
State based the proportion that— 
‘‘(i) the asset vehicle miles for buses be-
yond the useful life benchmark (established 
by the Federal Transit Administration) for 
rural subrecipients described in paragraph 
(2) in such State; bears to 
‘‘(ii) the total asset vehicle miles de-
scribed in subparagraph (A)(i). 
‘‘(5) APPLICATION
OF
OTHER
PROVISIONS.— 
Paragraphs (3), (7), and (8) of subsection (a) shall 
apply to eligible recipients and subrecipients de-
scribed in paragraph (2) of a grant under this sub-
section. 
‘‘(6) PROHIBITION.—No eligible recipient or sub-
recipient outside the top 5 percent of asset vehicle 
miles for buses beyond the useful life benchmark estab-
lished by the Federal Transit Administration may re-
ceive a grant in both fiscal year 2023 and fiscal year 
2024. 
‘‘(7) REQUIREMENT.—The Secretary shall re-
quire— 
‘‘(A) States to expend, to the benefit of the 
subrecipients eligible under paragraph (2), the 
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apportioned funds attributed to such subrecipi-
ents; and 
‘‘(B) designated recipients to provide the al-
located funds to the recipients eligible under 
paragraph (2) the apportioned funds attributed 
to such recipients.’’. 
SEC. 2405. WORKFORCE DEVELOPMENT TRAINING GRANTS. 
Section 5339 of title 49, United States Code, is amend-
ed by adding at the end the following: 
‘‘(e) 
WORKFORCE
DEVELOPMENT
TRAINING 
GRANTS.— 
‘‘(1) IN GENERAL.—Not less than 12.5 percent of 
funds authorized to be made available for subsection 
(c) shall be available to fund workforce development 
training eligible under section 5314(b)(2) (including 
registered apprenticeships and other labor-manage-
ment training programs), related to operations or 
maintenance of zero emission vehicles. 
‘‘(2) ELIGIBLE RECIPIENTS.—Recipients eligible 
under subsection (c) shall be eligible to receive a grant 
under this subsection. 
‘‘(3) FEDERAL SHARE.—The Federal share of the 
cost of an eligible project carried out under this sub-
section shall be 100 percent. 
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‘‘(4) PRIORITIZATION.—In making grants under 
this subsection, the Secretary shall prioritize applica-
tions that jointly fund training as part of a vehicle 
procurement application under subsection (c).’’. 
Subtitle E—Supporting All Riders 
SEC. 2501. LOW-INCOME URBAN FORMULA FUNDS. 
Section 5336(j) of title 49, United States Code, is 
amended— 
(1) in paragraph (1) by striking ‘‘75 percent’’ 
and inserting ‘‘50 percent’’; 
(2) in paragraph (2) by striking ‘‘25 percent’’ 
and inserting ‘‘12.5 percent’’; and 
(3) by adding at the end the following: 
‘‘(3) 30 percent of the funds shall be apportioned 
among designated recipients for urbanized areas with 
a population of 200,000 or more in the ratio that— 
‘‘(A) the number of individuals in each such 
urbanized area residing in an urban census tract 
with a poverty rate of at least 20 percent during 
the 5 years most recently ending; bears to 
‘‘(B) the number of individuals in all such 
urbanized areas residing in an urban census 
tract with a poverty rate of at least 20 percent 
during the 5 years most recently ending. 
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‘‘(4) 7.5 percent of the funds shall be apportioned 
among designated recipients for urbanized areas with 
a population less than 200,000 in the ratio that— 
‘‘(A) the number of individuals in each such 
urbanized area residing in an urban census tract 
with a poverty rate of at least 20 percent during 
the 5 years most recently ending; bears to 
‘‘(B) the number of individuals in all such 
areas residing in an urban census tract with a 
poverty rate of at least 20 percent during the 5 
years most recently ending.’’. 
SEC. 2502. RURAL PERSISTENT POVERTY FORMULA. 
Section 5311 of title 49, United States Code, as amend-
ed in section 2204, is further amended— 
(1) in subsection (a) by adding at the end the 
following: 
‘‘(3) PERSISTENT POVERTY COUNTY.—The term 
‘persistent poverty county’ means any county with a 
poverty rate of at least 20 percent— 
‘‘(A) as determined in each of the 1990 and 
2000 decennial censuses; 
‘‘(B) in the Small Area Income and Poverty 
Estimates of the Bureau of the Census for the 
most recent year for which the estimates are 
available; and 
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‘‘(C) has at least 25 percent of its popu-
lation in rural areas.’’; 
(2) in subsection (b)(2)(C)(i) by inserting ‘‘and 
persistent poverty counties’’ before the semicolon; and 
(3) in subsection (c) by striking paragraph (2) 
and inserting the following: 
‘‘(2) PERSISTENT POVERTY PUBLIC TRANSPOR-
TATION ASSISTANCE PROGRAM.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
carry out a public transportation assistance pro-
gram for areas of persistent poverty. 
‘‘(B) APPORTIONMENT.—Of amounts made 
available or appropriated for each fiscal year 
under section 5338(a)(2)(E)(ii) to carry out this 
paragraph, the Secretary shall apportion funds 
to recipients for service in, or directly benefit-
ting, persistent poverty counties for any eligible 
purpose under this section in the ratio that— 
‘‘(i) the number of individuals in each 
such rural area residing in a persistent 
poverty county; bears to 
‘‘(ii) the number of individuals in all 
such rural areas residing in a persistent 
poverty county.’’. 
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SEC. 2503. DEMONSTRATION GRANTS TO SUPPORT RE-
DUCED FARE TRANSIT. 
Section 5312 of title 49, United States Code, is amend-
ed by adding at the end the following: 
‘‘(j) DEMONSTRATION GRANTS TO SUPPORT REDUCED 
FARE TRANSIT.— 
‘‘(1) IN
GENERAL.—Not later than 300 days 
after the date of enactment of the INVEST in Amer-
ica Act, the Secretary shall award grants (which shall 
be known as ‘Access to Jobs Grants’) to eligible enti-
ties, on a competitive basis, to implement reduced 
fare transit service. 
‘‘(2) NOTICE.—Not later than 180 days after the 
date of enactment of the INVEST in America Act, the 
Secretary shall provide notice to eligible entities of the 
availability of grants under paragraph (1). 
‘‘(3) APPLICATION.—To be eligible to receive a 
grant under this subsection, an eligible recipient shall 
submit to the Secretary an application containing 
such information as the Secretary may require, in-
cluding, at a minimum, the following: 
‘‘(A) A description of how the eligible entity 
plans to implement reduced fare transit access 
with respect to low-income individuals, includ-
ing any eligibility requirements for such transit 
access. 
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‘‘(B) A description of how the eligible entity 
will consult with local community stakeholders, 
labor unions, local education agencies and insti-
tutions of higher education, public housing agen-
cies, and workforce development boards in the 
implementation of reduced fares. 
‘‘(C) A description of the eligible entity’s 
current fare evasion enforcement policies, includ-
ing how the eligible entity plans to use the re-
duced fare program to reduce fare evasion. 
‘‘(D) An estimate of additional costs to such 
eligible entity as a result of reduced transit fares. 
‘‘(E) A plan for a public awareness cam-
paign of the transit agency’s ability to provide 
reduced fares, including in foreign languages, 
based on— 
‘‘(i) data from the Bureau of the Cen-
sus, consistent with the local area demo-
graphics where the transit agency operates, 
including the languages that are most prev-
alent and commonly requested for trans-
lation services; or 
‘‘(ii) qualitative and quantitative ob-
servation from community service providers 
including those that provide health and 
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mental health services, social services, trans-
portation, and other relevant social services. 
‘‘(F) Projected impacts on ridership. 
‘‘(G) Projected benefits in closing transit eq-
uity gaps. 
‘‘(H) Projected impact on the ability of stu-
dents to access education or workforce training 
programs. 
‘‘(4) GRANT DURATION.—Grants awarded under 
this subsection shall be for a 2-year period. 
‘‘(5) SELECTION OF ELIGIBLE RECIPIENTS.—In 
carrying out the program under this subsection, the 
Secretary shall award not more than 20 percent of 
grants to eligible entities located in rural areas. 
‘‘(6) USES OF FUNDS.—An eligible entity receiv-
ing a grant under this subsection shall use such grant 
to implement a reduced fare transit program and off-
set lost fare revenue. 
‘‘(7) RULE OF CONSTRUCTION.—Nothing in this 
section shall be construed to limit the eligibility of an 
applicant if a State, local, or Tribal governmental en-
tity provides reduced fare transportation to low-in-
come individuals. 
‘‘(8) DEFINITIONS.—In this subsection: 
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‘‘(A) ELIGIBLE ENTITY.—The term ‘eligible 
entity’ means a State, local, or Tribal govern-
mental entity that operates a public transpor-
tation service and is a recipient or subrecipient 
of funds under this chapter. 
‘‘(B) LOW-INCOME INDIVIDUAL.—The term 
‘low-income individual’ means an individual— 
‘‘(i) that has qualified for— 
‘‘(I) any program of medical as-
sistance under a State plan or under a 
waiver of the plan under title XIX of 
the Social Security Act (42 U.S.C. 
1396 et seq.); 
‘‘(II) supplemental nutrition as-
sistance program (SNAP) under the 
Food and Nutrition Act of 2008 (7 
U.S.C. 2011 et seq.); 
‘‘(III) the program of block grants 
for States for temporary assistance for 
needy families (TANF) established 
under part A of title IV of the Social 
Security Act (42 U.S.C. 601 et seq.); 
‘‘(IV) the free and reduced price 
school lunch program established under 
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the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1751 et seq.); 
‘‘(V) a housing voucher through 
section 8(o) of the United States Hous-
ing Act of 1937 (42 U.S.C. 1437f(o)); 
‘‘(VI) benefits under the Low-In-
come Home Energy Assistance Act of 
1981; 
‘‘(VII) special supplemental food 
program for women, infants and chil-
dren (WIC) under section 17 of the 
Child Nutrition Act of 1966 (42 U.S.C. 
1786); or 
‘‘(VIII) a Federal Pell Grant 
under section 401 of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1070a); 
‘‘(ii) whose family income is at or 
below a set percent (as determined by the el-
igible recipient) of the poverty line (as that 
term is defined in section 673(2) of the 
Community Service Block Grant Act (42 
U.S.C. 9902(2)), including any revision re-
quired by that section) for a family of the 
size involved; or 
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‘‘(iii) that is a low-income veteran or 
member of the military. 
‘‘(9) REPORT.—The Secretary shall designate a 
university transportation center under section 5505 to 
collaborate with the eligible entities receiving a grant 
under this subsection to collect necessary data to 
evaluate the effectiveness of meeting the targets de-
scribed in the application of such recipient, including 
increased ridership, impacts on fare evasion, and 
progress towards significantly closing transit equity 
gaps.’’. 
SEC. 2504. EQUITY IN TRANSIT SERVICE PLANNING. 
(a) BEST PRACTICES.— 
(1) IN GENERAL.— 
(A) ASSISTANCE TO PROVIDERS OF PUBLIC 
TRANSIT.—Not later than 180 days after the date 
of enactment of this Act, the Secretary of Trans-
portation shall issue nonbinding best practices to 
assist providers of public transportation in set-
ting the threshold for a major service change as 
described in Circular 4702.1B of the Federal 
Transit Administration. 
(B) SPECIFIC PROVIDERS OF PUBLIC TRAN-
SIT.—For the purposes of this section, the term 
‘‘providers of public transportation’’ means pro-
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viders that operate 50 or more fixed route vehi-
cles in peak service and are located in an urban-
ized area of 200,000 or more in population. 
(2) BEST
PRACTICES.—In developing the best 
practices described in paragraph (1), the Secretary— 
(A) shall issue specific recommendations for 
setting the threshold of a major service change, 
which shall include, at a minimum, rec-
ommendations related to— 
(i) changes in hours of operations, in-
cluding consideration of changes during 
nonpeak hours; 
(ii) changes in the frequency of service; 
(iii) changes in coverage, including the 
opening and closing of stations and stops 
and the changing of routes; and 
(iv) the use of route-specific analyses 
in addition to service-area level analyses; 
(B) shall recommend specific percentage 
change standards for the elements described in 
clauses (i), (ii), and (iii) of subparagraph (A) to 
assist providers of public transportation in set-
ting the threshold for a major service change in 
a manner that ensures meaningful analyses and 
the provision of equitable service; and 
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(C) may issue different best practices for 
providers of public transportation of different 
sizes and service types. 
(b) TRANSIT COOPERATIVE RESEARCH PROGRAM RE-
PORT.— 
(1) REVIEW.—Not later than 3 years after the 
issuance of the best practices described in subsection 
(a), the Transit Cooperative Research Program of the 
National Academy of Sciences shall conduct a review 
of the manner in which providers of public transpor-
tation define the threshold for a major service change 
for purposes of compliance with Circular 4702.1B of 
the Federal Transit Administration, including— 
(A) a survey of the standards used by pro-
viders of public transportation to define the 
threshold for a major service change; 
(B) a review of the differences in standards 
used to define the threshold for a major service 
change for providers of public transportation of 
different sizes and service types; 
(C) information on the considerations used 
by providers of public transportation when de-
fining the threshold for a major service change; 
and 
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(D) the extent to which providers of public 
transportation are using the best practices de-
scribed in subsection (a). 
(2) REPORT.—After the completion of the review 
described in paragraph (1), the National Academy of 
Sciences shall issue a report on the findings of the re-
view and submit such report to the Committee on 
Transportation and Infrastructure of the House of 
Representatives and the Committee on Banking, 
Housing, and Urban Affairs of the Senate. 
SEC. 2505. GAO STUDY ON FARE-FREE TRANSIT. 
(a) STUDY.—The Comptroller General of the United 
States shall conduct a study on the provision of fare-free 
transit service in the United States, including an assess-
ment of— 
(1) the extent to which fare-free transit is avail-
able in the United States; and 
(2) the potential impacts of fare-free transit, 
which may include— 
(A) increased transit ridership; 
(B) improved access to transportation for 
low-income riders and marginalized commu-
nities; 
(C) improved access to jobs and services; 
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(D) enhanced equity of the surface transpor-
tation system; 
(E) reductions in disputes or law enforce-
ment actions related to transit fares; 
(F) environmental impacts; 
(G) safety considerations; and 
(H) the challenges of replacing farebox rev-
enue. 
(b) REPORT.—Not later than 1 year after the date of 
the enactment of this Act, the Comptroller General shall 
submit to the Committee on Transportation and Infrastruc-
ture of the House of Representatives and the Committee on 
Banking, Housing, and Urban Affairs of the Senate a re-
port containing the results of the study conducted under 
subsection (a). 
Subtitle F—Supporting Frontline 
Workers and Passenger Safety 
SEC. 2601. NATIONAL TRANSIT FRONTLINE WORKFORCE 
TRAINING CENTER. 
Section 5314(b) of title 49, United States Code, is 
amended— 
(1) by striking paragraph (2) and inserting the 
following: 
‘‘(2) NATIONAL TRANSIT FRONTLINE WORKFORCE 
TRAINING CENTER.— 
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‘‘(A) ESTABLISHMENT.—The Secretary shall 
establish a national transit frontline workforce 
training center (hereinafter referred to as the 
‘Center’) and enter into a cooperative agreement 
with a nonprofit organization with a dem-
onstrated capacity to develop and provide transit 
career pathway programs through labor-manage-
ment partnerships and registered apprentice-
ships on a nationwide basis, in order to carry 
out the duties under subparagraph (B). The Cen-
ter shall be dedicated to the needs of the frontline 
transit workforce in both rural and urban tran-
sit systems by providing training in the mainte-
nance and operations occupations based on in-
dustry best practices. 
‘‘(B) DUTIES.— 
‘‘(i) IN
GENERAL.—In cooperation 
with the Administrator of the Federal Tran-
sit Administration, public transportation 
authorities, and national entities, the Cen-
ter shall develop and conduct training and 
educational programs for frontline local 
transportation employees of recipients eligi-
ble for funds under this chapter. 
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‘‘(ii) TRAINING
AND
EDUCATIONAL 
PROGRAMS.—The training and educational 
programs developed under clause (i) may 
include courses in recent developments, tech-
niques, and procedures related to— 
‘‘(I) developing consensus national 
training 
standards, 
skills, 
com-
petencies, and recognized postsecondary 
credentials in partnership with indus-
try stakeholders for key frontline tran-
sit occupations with demonstrated skill 
gaps; 
‘‘(II) developing recommendations 
and best practices for curriculum and 
recognized postsecondary credentials, 
including related instruction and on- 
the-job learning for registered appren-
ticeship programs for transit mainte-
nance and operations occupations; 
‘‘(III) building local, regional, 
and statewide transit training part-
nerships to identify and address work-
force skill gaps and develop skills, com-
petencies, and recognized postsecondary 
credentials needed for delivering qual-
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ity transit service and supporting em-
ployee career advancement; 
‘‘(IV) developing programs for 
training of transit frontline workers, 
instructors, mentors, and labor-man-
agement partnership representatives, 
in the form of classroom, hands-on, on- 
the-job, and web-based training, deliv-
ered at a national center, regionally, 
or at individual transit agencies; 
‘‘(V) developing training pro-
grams for skills and competencies re-
lated to existing and emerging transit 
technologies, including zero emission 
buses; 
‘‘(VI) developing improved capac-
ity for safety, security, and emergency 
preparedness in local transit systems 
and in the industry as a whole 
through— 
‘‘(aa) developing the role of 
the transit frontline workforce in 
building and sustaining safety 
culture and safety systems in the 
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industry and in individual public 
transportation systems; and 
‘‘(bb) training to address 
transit frontline worker roles in 
promoting health and safety for 
transit workers and the riding 
public; 
‘‘(VII) developing local transit ca-
pacity for career pathways programs 
with schools and other community or-
ganizations for recruiting and training 
under-represented populations as suc-
cessful transit employees who can de-
velop careers in the transit industry; 
‘‘(VIII) in collaboration with the 
Administrator of the Federal Transit 
Administration, the Bureau of Labor 
Statistics, the Employment and Train-
ing Adminstration, and organizations 
representing public transit agencies, 
conducting and disseminating research 
to— 
‘‘(aa) provide transit work-
force job projections and identify 
training needs and gaps; 
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‘‘(bb) determine the most 
cost-effective methods for transit 
workforce training and develop-
ment, including return on invest-
ment analysis; 
‘‘(cc) identify the most effec-
tive methods for implementing 
successful safety systems and a 
positive safety culture; and 
‘‘(dd) promote transit work-
force best practices for achieving 
cost-effective, quality, safe, and re-
liable public transportation serv-
ices; and 
‘‘(IX) providing culturally com-
petent training and educational pro-
grams to all who participate, regard-
less of gender, sexual orientation, or 
gender identity, including those with 
limited English proficiency, diverse 
cultural and ethnic backgrounds, and 
disabilities. 
‘‘(C) COORDINATION.—The Secretary shall 
coordinate activities under this section, to the 
maximum extent practicable, with the Employ-
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ment and Training Administration, including 
the National Office of Apprenticeship of the De-
partment of Labor and the Office of Career, 
Technical, and Adult Education of the Depart-
ment of Education. 
‘‘(D) AVAILABILITY OF AMOUNTS.— 
‘‘(i) IN GENERAL.—Not more than 1 
percent of amounts made available to a re-
cipient under sections 5307, 5337, and 5339 
and not more than 2 percent of amounts 
made available to a recipient under section 
5311 is available for expenditures by the re-
cipient, with the approval of the Secretary, 
to pay not more than 80 percent of the cost 
of eligible activities under this subsection. 
‘‘(ii) EXISTING PROGRAMS.—A recipi-
ent may use amounts made available under 
clause (i) to carry out existing local edu-
cation and training programs for public 
transportation employees supported by the 
Secretary, the Department of Labor, or the 
Department of Education. 
‘‘(iii) LIMITATION.—Any funds made 
available under this section that are used to 
fund an apprenticeship or apprenticeship 
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program shall only be used for, or provided 
to, a registered apprenticeship program, in-
cluding any funds awarded for the purposes 
of grants, contracts, or cooperative agree-
ments, or the development, implementation, 
or administration, of an apprenticeship or 
an apprenticeship program. 
‘‘(E) DEFINITIONS.—In this paragraph: 
‘‘(i) CAREER PATHWAY.—The term ‘ca-
reer pathway’ has the meaning given such 
term in section 3 of the Workforce Innova-
tion and Opportunity Act (29 U.S.C. 3102). 
‘‘(ii) 
RECOGNIZED
POSTSECONDARY 
CREDENTIAL.—The term ‘recognized postsec-
ondary credential’ has the meaning given 
such term in section 3 of the Workforce In-
novation and Opportunity Act (29 U.S.C. 
3102). 
‘‘(iii) REGISTERED
APPRENTICESHIP 
PROGRAM.—The term ‘registered apprentice-
ship program’ means an apprenticeship 
program registered with the Department of 
Labor or a Federally-recognized State Ap-
prenticeship Agency and that complies with 
the requirements under parts 29 and 30 of 
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title 29, Code of Federal Regulations, as in 
effect on January 1, 2019.’’; 
(2) in paragraph (3) by striking ‘‘or (2)’’; and 
(3) by striking paragraph (4). 
SEC. 2602. PUBLIC TRANSPORTATION SAFETY PROGRAM. 
Section 5329 of title 49, United States Code, is amend-
ed— 
(1) in subsection (b)(2)(C)(ii)— 
(A) in subclause (I) by striking ‘‘and’’ at 
the end; 
(B) in subclause (II) by striking the semi-
colon and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(III) innovations in driver as-
sistance technologies and driver protec-
tion infrastructure where appropriate, 
and a reduction in visibility impair-
ments that contribute to pedestrian fa-
talities;’’; 
(2) in subsection (b)(2)— 
(A) by redesignating subparagraphs (D) 
and (E) as subparagraphs (E) and (F), respec-
tively; and 
(B) by adding after subparagraph (C) the 
following: 
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‘‘(D) in consultation with the Secretary of 
the Department of Health and Human Services, 
precautionary and reactive actions required to 
ensure public and personnel safety and health 
during an emergency as defined in section 
5324;’’. 
(3) in subsection (d)— 
(A) in paragraph (1)— 
(i) in subparagraph (A) by inserting 
‘‘the safety committee established under 
paragraph (4), and subsequently,’’ before 
‘‘the board of directors’’; 
(ii) in subparagraph (C) by striking 
‘‘public, personnel, and property’’ and in-
serting ‘‘public and personnel to injuries, 
assaults, fatalities, and, consistent with 
guidelines by the Centers for Disease Con-
trol and Prevention, infectious diseases, and 
strategies to minimize the exposure of prop-
erty’’; 
(iii) in subparagraph (F) by striking 
‘‘and’’ at the end; and 
(iv) by striking subparagraph (G) and 
inserting the following: 
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‘‘(G) a comprehensive staff training pro-
gram for the operations and maintenance per-
sonnel and personnel directly responsible for 
safety of the recipient that includes— 
‘‘(i) the completion of a safety training 
program; 
‘‘(ii) continuing safety education and 
training; and 
‘‘(iii) de-escalation training; 
‘‘(H) a requirement that the safety com-
mittee only approve a safety plan under sub-
paragraph (A) if such plan stays within such re-
cipient’s fiscal budget; and 
‘‘(I) a risk reduction program for transit 
operations to improve safety by reducing the 
number and rates of accidents, injuries, and as-
saults on transit workers using data submitted to 
the National Transit Database, including— 
‘‘(i) a reduction of vehicular and pe-
destrian accidents involving buses that in-
cludes measures to reduce visibility impair-
ments for bus operators that contribute to 
accidents, including retrofits to buses in 
revenue service and specifications for future 
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procurements that reduce visibility impair-
ments; and 
‘‘(ii) transit worker assault mitigation, 
including the deployment of assault mitiga-
tion infrastructure and technology on buses, 
including barriers to restrict the unwanted 
entry of individuals and objects into bus op-
erators’ workstations when a recipient’s risk 
analysis performed by the safety committee 
established in paragraph (4) determines 
that such barriers or other measures would 
reduce assaults on and injuries to transit 
workers.’’; and 
(B) by adding at the end the following: 
‘‘(4) SAFETY COMMITTEE.—For purposes of the 
approval process of an agency safety plan under 
paragraph (1), the safety committee shall be convened 
by a joint labor-management process and consist of 
an equal number of— 
‘‘(A) frontline employee representatives, se-
lected by the labor organization representing the 
plurality of the frontline workforce employed by 
the recipient or if applicable a contractor to the 
recipient; and 
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‘‘(B) employer or State representatives.’’; 
and 
(4) in subsection (e)(4)(A)(v) by inserting ‘‘, in-
spection,’’ after ‘‘has investigative’’. 
SEC. 2603. INNOVATION WORKFORCE STANDARDS. 
(a) PROHIBITION ON USE OF FUNDS.—No financial 
assistance under chapter 53 of title 49, United States Code, 
may be used for— 
(1) an automated vehicle providing public trans-
portation unless— 
(A) the recipient of such assistance that 
proposes to deploy an automated vehicle pro-
viding public transportation certifies to the Sec-
retary of Transportation that the deployment 
does not eliminate or reduce the frequency of ex-
isting public transportation service; and 
(B) the Secretary receives, approves, and 
publishes the workforce development plan under 
subsection (b) submitted by the eligible entity 
when required by subsection (b)(1); and 
(2) a mobility on demand service unless— 
(A) the recipient of such assistance that 
proposes to deploy a mobility on demand service 
certifies to the Secretary that the service meets 
the criteria under section 5307, 5310, 5311, 
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5312, or 5316 of title 49, United States Code; 
and 
(B) the Secretary receives, approves, and 
publishes the workforce development plan under 
subsection (b) submitted by the eligible entity 
when required by subsection (b)(1). 
(b) WORKFORCE DEVELOPMENT PLAN.— 
(1) IN GENERAL.—A recipient of financial as-
sistance under chapter 53 of title 49, United States 
Code, proposing to deploy an automated vehicle pro-
viding public transportation or mobility on demand 
service shall submit to the Secretary, prior to imple-
mentation of such service, a workforce development 
plan if such service, combined with any other auto-
mated vehicle providing public transportation or mo-
bility on demand service offered by such recipient, 
would exceed more than 0.5 percent of the recipient’s 
total annual transit passenger miles traveled. 
(2) CONTENTS.—The workforce development plan 
under subsection (a) shall include the following: 
(A) A description of services offered by ex-
isting conventional modes of public transpor-
tation in the area served by the recipient that 
could be affected by the proposed automated vehi-
cle providing public transportation or mobility 
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on demand service, including jobs and functions 
of such jobs. 
(B) A forecast of the number of jobs pro-
vided by existing conventional modes of public 
transportation that would be eliminated or that 
would be substantially changed and the number 
of jobs expected to be created by the proposed 
automated vehicle providing public transpor-
tation or mobility on demand service over a 5- 
year period from the date of the publication of 
the workforce development plan. 
(C) Identified gaps in skills needed to oper-
ate and maintain the proposed automated vehi-
cle providing public transportation or mobility 
on demand service. 
(D) A comprehensive plan to transition, 
train, or retrain employees that could be affected 
by the proposed automated vehicle providing 
public transportation or mobility on demand 
service. 
(E) An estimated budget to transition, 
train, or retrain employees impacted by the pro-
posed automated vehicle providing public trans-
portation or mobility on demand service over a 
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5-year period from the date of the publication of 
the workforce development plan. 
(c) NOTICE REQUIRED.— 
(1) IN GENERAL.—A recipient of financial as-
sistance under chapter 53 of title 49, United States 
Code, shall issue a notice to employees who, due to the 
use of an automated vehicle providing public trans-
portation or mobility on demand service, may be sub-
jected to a loss of employment or a change in respon-
sibilities not later than 60 days before signing a con-
tract for such service or procurement. A recipient 
shall provide employees copies of a request for a pro-
posal related to an automated vehicle providing pub-
lic transportation or mobility on demand services at 
the time such request is issued. 
(2) CONTENT.—The notice required in para-
graph (1) shall include the following: 
(A) A description of the automated vehicle 
providing public transportation or mobility on 
demand service. 
(B) The impact of the automated vehicle 
providing public transportation or mobility on 
demand service on employment positions, includ-
ing a description of which employment positions 
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will be affected and whether any new positions 
will be created. 
(d) DEFINITIONS.—In this section: 
(1) AUTOMATED
VEHICLE.—The term ‘‘auto-
mated vehicle’’ means a motor vehicle that— 
(A) is capable of performing the entire task 
of driving (including steering, accelerating and 
decelerating, and reacting to external stimulus) 
without human intervention; and 
(B) is designed to be operated exclusively by 
a Level 4 or Level 5 automated driving system 
for all trips according to the recommended prac-
tice standards published on June 15, 2018, by 
the Society of Automotive Engineers Inter-
national (J3016l201806) or equivalent stand-
ards adopted by the Secretary with respect to 
automated motor vehicles. 
(2) MOBILITY ON DEMAND.—The term ‘‘mobility 
on demand’’ has the meaning given such term in sec-
tion 5316 of title 49, United States Code. 
(3) PUBLIC TRANSPORTATION.—The term ‘‘pub-
lic transportation’’ has the meaning given such term 
in section 5302 of title 49, United States Code. 
(e) SAVINGS CLAUSE.—Nothing in this section shall 
prohibit the use of funds for an eligible activity or pilot 
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project of a covered recipient authorized under current law 
prior to the date of enactment of this Act. 
SEC. 2604. SAFETY PERFORMANCE MEASURES AND SET 
ASIDES. 
Section 5329(d)(2) of title 49, United States Code, is 
amended to read as follows: 
‘‘(2) SAFETY COMMITTEE PERFORMANCE MEAS-
URES.— 
‘‘(A) IN GENERAL.—The safety committee 
described in paragraph (4) shall establish per-
formance measures for the risk reduction pro-
gram in paragraph (1)(I) using a 3-year rolling 
average of the data submitted by the recipient to 
the National Transit Database. 
‘‘(B) SAFETY SET ASIDE.—With respect to a 
recipient serving an urbanized area that receives 
funds under section 5307, such recipient shall al-
locate not less than 0.75 percent of such funds to 
projects eligible under section 5307. 
‘‘(C) FAILURE
TO
MEET
PERFORMANCE 
MEASURES.—Any recipient that receives funds 
under section 5307 that does not meet the per-
formance measures established in subparagraph 
(A) shall allocate the amount made available in 
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subparagraph (B) in the following fiscal year to 
projects described in subparagraph (D). 
‘‘(D) ELIGIBLE PROJECTS.—Funds set aside 
under this paragraph shall be used for projects 
that are reasonably likely to meet the perform-
ance measures established in subparagraph (A), 
including modifications to rolling stock and de- 
escalation training.’’. 
SEC. 2605. U.S. EMPLOYMENT PLAN. 
(a) IN GENERAL.—Chapter 53 of title 49, United 
States Code, is amended by adding at the end the following: 
‘‘§ 5341. U.S. Employment Plan 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) COMMITMENT
TO
HIGH-QUALITY
CAREER 
AND BUSINESS OPPORTUNITIES.—The term ‘commit-
ment to high-quality career and business opportuni-
ties’ means participation in a registered apprentice-
ship program. 
‘‘(2) COVERED
INFRASTRUCTURE
PROGRAM.— 
The term ‘covered infrastructure program’ means any 
activity under a program or project under this chap-
ter for the purchase or acquisition of rolling stock. 
‘‘(3) U.S. EMPLOYMENT PLAN.—The term ‘U.S. 
Employment Plan’ means a plan under which an en-
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tity receiving Federal assistance for a project under 
a covered infrastructure program shall— 
‘‘(A) include in a request for proposal an 
encouragement for bidders to include, with re-
spect to the project— 
‘‘(i) high-quality wage, benefit, and 
training commitments by the bidder and the 
supply chain of the bidder for the project; 
and 
‘‘(ii) a commitment to recruit and hire 
individuals described in subsection (e) if the 
project results in the hiring of employees 
not currently or previously employed by the 
bidder and the supply chain of the bidder 
for the project; 
‘‘(B) give preference for the award of the 
contract to a bidder that includes the commit-
ments described in clauses (i) and (ii) of sub-
paragraph (A); and 
‘‘(C) ensure that each bidder that includes 
the commitments described in clauses (i) and (ii) 
of subparagraph (A) that is awarded a contract 
complies with those commitments. 
‘‘(4) REGISTERED APPRENTICESHIP PROGRAM.— 
The term ‘registered apprenticeship program’ means 
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an apprenticeship program registered under the Act 
of August 16, 1937 (commonly known as the ‘Na-
tional Apprenticeship Act’; 50 Stat. 664, chapter 663; 
29 U.S.C. 50 et seq.), including any requirement, 
standard, or rule promulgated under such Act, as 
such requirement, standard, or rule was in effect on 
December 30, 2019. 
‘‘(b) BEST-VALUE FRAMEWORK.—To the maximum 
extent practicable, a recipient of assistance under a covered 
infrastructure program is encouraged— 
‘‘(1) to ensure that each dollar invested in infra-
structure uses a best-value contracting framework to 
maximize the local value of federally funded contracts 
by evaluating bids on price and other technical cri-
teria prioritized in the bid, such as— 
‘‘(A) equity; 
‘‘(B) environmental and climate justice; 
‘‘(C) impact on greenhouse gas emissions; 
‘‘(D) resilience; 
‘‘(E) the results of a 40-year life-cycle anal-
ysis; 
‘‘(F) safety; 
‘‘(G) commitment to creating or sustaining 
high-quality job opportunities affiliated with 
registered apprenticeship programs (as defined 
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in subsection (a)(3)) for disadvantaged or under-
represented individuals in infrastructure indus-
tries in the United States; and 
‘‘(H) access to jobs and essential services by 
all modes of travel for all users, including indi-
viduals with disabilities; and 
‘‘(2) to ensure community engagement, trans-
parency, and accountability in carrying out each 
stage of the project. 
‘‘(c) PREFERENCE FOR REGISTERED APPRENTICESHIP 
PROGRAMS.—To the maximum extent practicable, a recipi-
ent of assistance under a covered infrastructure program, 
with respect to the project for which the assistance is re-
ceived, shall give preference to a bidder that demonstrates 
a commitment to high-quality job opportunities affiliated 
with registered apprenticeship programs. 
‘‘(d) USE
OF U.S. EMPLOYMENT PLAN.—Notwith-
standing any other provision of law, in carrying out a 
project under a covered infrastructure program that receives 
assistance under this chapter, the recipient shall use a U.S. 
Employment Plan for each contract of $10,000,000 or more 
for the purchase of manufactured goods or of services, based 
on an independent cost estimate. 
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‘‘(e) PRIORITY.—The Secretary shall ensure that the 
entity carrying out a project under the covered infrastruc-
ture program gives priority to— 
‘‘(1) individuals with a barrier to employment 
(as defined in section 3 of the Workforce Innovation 
and Opportunity Act (29 U.S.C. 3102)), including 
ex-offenders and disabled individuals; 
‘‘(2) veterans; and 
‘‘(3) individuals that represent populations that 
are traditionally underrepresented in the infrastruc-
ture workforce, such as women and racial and ethnic 
minorities. 
‘‘(f) REPORT.—Not less frequently than once each fis-
cal year, the Secretary shall jointly submit to Congress a 
report describing the implementation of this section. 
‘‘(g) INTENT OF CONGRESS.— 
‘‘(1) IN GENERAL.—It is the intent of Congress— 
‘‘(A) to encourage recipients of Federal as-
sistance under covered infrastructure programs 
to use a best-value contracting framework de-
scribed in subsection (b) for the purchase of 
goods and services; 
‘‘(B) to encourage recipients of Federal as-
sistance under covered infrastructure programs 
to use preferences for registered apprenticeship 
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programs as described in subsection (c) when 
evaluating bids for projects using that assistance; 
‘‘(C) to require that recipients of Federal 
assistance under covered infrastructure programs 
use the U.S. Employment Plan in carrying out 
the project for which the assistance was provided; 
and 
‘‘(D) that full and open competition under 
covered infrastructure programs means a proce-
dural competition that prevents corruption, fa-
voritism, and unfair treatment by recipient 
agencies. 
‘‘(2) 
INCLUSION.—A 
best-value 
contracting 
framework described in subsection (b) is a framework 
that authorizes a recipient of Federal assistance 
under a covered infrastructure program, in awarding 
contracts, to evaluate a range of factors, including 
price, the quality of products, the quality of services, 
and commitments to the creation of good jobs for all 
people in the United States.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 
53 of title 49, United States Code, is amended by adding 
at the end the following: 
‘‘5341. U.S. Employment Plan.’’. 
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SEC. 2606. TECHNICAL ASSISTANCE AND WORKFORCE DE-
VELOPMENT. 
Section 5314(a) of title 49, United States Code, is 
amended— 
(1) in paragraph (2) by inserting after subpara-
graph (H) (as added by section 2104 of this Act) the 
following: 
‘‘(I) provide innovation and capacity-build-
ing to rural and tribal public transportation re-
cipients that do not duplicate the activities of 
sections 5311(b) or 5312; and’’; and 
(2) by adding at the end the following: 
‘‘(4) 
AVAILABILITY
OF
AMOUNTS.—Of 
the 
amounts made available to carry out this section 
under section 5338(a)(2)(G)(i), $1,500,000 shall be 
available to carry out activities described in para-
graph (2)(I).’’. 
SEC. 2607. RESILIENT PUBLIC TRANSPORTATION STUDY. 
(a) STUDY.—The Secretary of Transportation shall 
conduct a study on resilience planning and innovative re-
silience strategies for public transportation and shared mo-
bility. 
(b) CONTENTS.—In carrying out the study under sub-
section (a), the Secretary shall assess— 
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(1) best practices for making public transpor-
tation more resilient to external shocks, such as 
pandemics and natural hazards; and 
(2) new materials and technologies that may im-
prove the resilience of public transportation and 
shared mobility, including innovative transit vehicles, 
emerging electric vehicle chassis platforms, and smart 
air quality control systems. 
(c) PARTNERSHIPS.—In carrying out the study under 
subsection (a), the Secretary shall consult with institutions 
of higher education, as such term is defined in section 101 
of the Higher Education Act of 1965 (20 U.S.C. 1001), aca-
demic experts, and nonprofit organizations with expertise 
in engineering, travel behavior, artificial intelligence, pol-
icy analysis, planning, public healthy and safety, and so-
cial and racial equity. 
(d) REPORT.—Not later than 1 year after the date of 
enactment of this Act, the Secretary shall submit to the 
Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report con-
taining the results of the study conducted under subsection 
(a). 
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Subtitle G—Transit-Supportive 
Communities 
SEC. 2701. TRANSIT-SUPPORTIVE COMMUNITIES. 
(a) IN GENERAL.—Chapter 53 of title 49, United 
States Code, is amended by inserting after section 5327 the 
following: 
‘‘§ 5328. Transit-supportive communities 
‘‘(a) ESTABLISHMENT.—The Secretary shall establish 
within the Federal Transit Administration, an Office of 
Transit-Supportive Communities to make grants, provide 
technical assistance, and assist in the coordination of tran-
sit and housing policies within the Federal Transit Admin-
istration, the Department of Transportation, and across the 
Federal Government. 
‘‘(b) TRANSIT ORIENTED DEVELOPMENT PLANNING 
GRANT PROGRAM.— 
‘‘(1) DEFINITION.—In this subsection the term 
‘eligible project’ means— 
‘‘(A) a new fixed guideway capital project 
or a core capacity improvement project as de-
fined in section 5309; 
‘‘(B) an existing fixed guideway system, or 
an existing station that is served by a fixed 
guideway system; or 
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‘‘(C) the immediate corridor along the high-
est 25 percent of routes by ridership as dem-
onstrated in section 5336(b)(2)(B). 
‘‘(2) GENERAL AUTHORITY.—The Secretary may 
make grants under this subsection to a State, local 
governmental authority, or metropolitan planning or-
ganization to assist in financing comprehensive plan-
ning associated with an eligible project that seeks 
to— 
‘‘(A) enhance economic development, rider-
ship, equity, reduction of greenhouse gas emis-
sions, or other goals established during the 
project development and engineering processes or 
the grant application; 
‘‘(B) facilitate multimodal connectivity and 
accessibility; 
‘‘(C) increase access to transit hubs for pe-
destrian and bicycle traffic; 
‘‘(D) enable mixed-use development; 
‘‘(E) identify infrastructure needs associ-
ated with the eligible project; and 
‘‘(F) include private sector participation. 
‘‘(3) ELIGIBILITY.—A State, local governmental 
authority, or metropolitan planning organization 
that desires to participate in the program under this 
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subsection shall submit to the Secretary an applica-
tion that contains at a minimum— 
‘‘(A) an identification of an eligible project; 
‘‘(B) a schedule and process for the develop-
ment of a comprehensive plan; 
‘‘(C) a description of how the eligible project 
and the proposed comprehensive plan advance 
the metropolitan transportation plan of the met-
ropolitan planning organization; 
‘‘(D) proposed performance criteria for the 
development and implementation of the com-
prehensive plan; 
‘‘(E) a description of how the project will 
advance equity and reduce and mitigate social 
and economic impacts on existing residents and 
businesses and communities historically excluded 
from economic opportunities vulnerable to dis-
placement; and 
‘‘(F) identification of— 
‘‘(i) partners; 
‘‘(ii) availability of and authority for 
funding; and 
‘‘(iii) potential State, local or other 
impediments to the implementation of the 
comprehensive plan. 
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‘‘(4) COST
SHARE.—A grant under this sub-
section shall not exceed an amount in excess of 80 
percent of total project costs, except that a grant that 
includes an affordable housing component shall not 
exceed an amount in excess of 90 percent of total 
project costs. 
‘‘(c) TECHNICAL ASSISTANCE.—The Secretary shall 
provide technical assistance to States, local governmental 
authorities, and metropolitan planning organizations in 
the planning and development of transit-oriented develop-
ment projects and transit-supportive corridor policies, in-
cluding— 
‘‘(1) the siting, planning, financing, and inte-
gration of transit-oriented development projects; 
‘‘(2) the integration of transit-oriented develop-
ment and transit-supportive corridor policies in the 
preparation for and development of an application 
for funding under section 602 of title 23; 
‘‘(3) the siting, planning, financing, and inte-
gration of transit-oriented development and transit- 
supportive corridor policies associated with projects 
under section 5309; 
‘‘(4) the development of housing feasibility as-
sessments as allowed under section 5309(g)(3)(B); 
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‘‘(5) the development of transit-supportive cor-
ridor policies that promote transit ridership and 
transit-oriented development; 
‘‘(6) the development, implementation, and man-
agement of land value capture programs; and 
‘‘(7) the development of model contracts, model 
codes, and best practices for the implementation of 
transit-oriented development projects and transit-sup-
portive corridor policies. 
‘‘(d) VALUE CAPTURE POLICY REQUIREMENTS.— 
‘‘(1) VALUE CAPTURE POLICY.—Not later than 
October 1 of the fiscal year that begins 2 years after 
the date of enactment of this section, the Secretary, in 
collaboration with State departments of transpor-
tation, metropolitan planning organizations, and re-
gional council of governments, shall establish vol-
untary and consensus-based value capture standards, 
policies, and best practices for State and local value 
capture mechanisms that promote greater investments 
in public transportation and affordable transit-ori-
ented development. 
‘‘(2) REPORT.—Not later than 15 months after 
the date of enactment of this section, the Secretary 
shall make available to the public a report cataloging 
examples of State and local laws and policies that 
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provide for value capture and value sharing that pro-
mote greater investment in public transportation and 
affordable transit-oriented development. 
‘‘(e) EQUITY.—In providing technical assistance under 
subsection (c), the Secretary shall incorporate strategies to 
promote equity for underrepresented and underserved com-
munities, including— 
‘‘(1) preventing displacement of existing resi-
dents and businesses; 
‘‘(2) mitigating rent and housing price increases; 
‘‘(3) incorporating affordable rental and owner-
ship housing in transit-oriented development; 
‘‘(4) engaging under-served, limited English pro-
ficiency, low-income, and minority communities in 
the planning process; 
‘‘(5) fostering economic development opportuni-
ties for existing residents and businesses; and 
‘‘(6) targeting affordable housing that help lessen 
homelessness. 
‘‘(f) AUTHORITY TO REQUEST STAFFING ASSIST-
ANCE.—In fulfilling the duties of this section, the Secretary 
shall, as needed, request staffing and technical assistance 
from other Federal agencies, programs, administrations, 
boards, or commissions. 
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‘‘(g) REVIEW EXISTING POLICIES AND PROGRAMS.— 
Not later than 24 months after the date of enactment of 
this section, the Secretary shall review and evaluate all ex-
isting policies and programs within the Federal Transit 
Administration that support or promote transit-oriented 
development to ensure their coordination and effectiveness 
relative to the goals of this section. 
‘‘(h) REPORTING.—Not later than February 1 of each 
year beginning the year after the date of enactment of this 
section, the Secretary shall prepare a report detailing the 
grants and technical assistance provided under this section, 
the number of affordable housing units constructed or 
planned as a result of projects funded in this section, and 
the number of affordable housing units constructed or 
planned as a result of a property transfer under section 
5334(h)(1). The report shall be provided to the Committee 
on Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Banking, Housing, and 
Urban Affairs of the Senate. 
‘‘(i) SAVINGS CLAUSE.—Nothing in this section au-
thorizes the Secretary to provide any financial assistance 
for the construction of housing. 
‘‘(j) PRIORITY FOR LOW-INCOME AREAS.—In award-
ing grants under this section, the Secretary shall give pri-
ority to projects under this section that expand or build 
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transit in low-income areas or that provide access to public 
transportation to low-income areas that do not have access 
to public transportation.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chapter 
53 of title 49, United States Code, is amended by inserting 
after the item relating to section 5327 the following: 
‘‘5328. Transit-supportive communities.’’. 
(c) TECHNICAL AND CONFORMING AMENDMENT.—Sec-
tion 20005 of the MAP–21 (Public Law 112–141) is amend-
ed— 
(1) by striking ‘‘(a) AMENDMENT.—’’; and 
(2) by striking subsection (b). 
SEC. 2702. PROPERTY DISPOSITION FOR AFFORDABLE 
HOUSING. 
Section 5334(h)(1) of title 49, United States Code, is 
amended to read as follows: 
‘‘(1) IN GENERAL.—If a recipient of assistance 
under this chapter decides an asset acquired under 
this chapter at least in part with that assistance is 
no longer needed for the purpose for which such asset 
was acquired, the Secretary may authorize the recipi-
ent to transfer such asset to— 
‘‘(A) a local governmental authority to be 
used for a public purpose with no further obliga-
tion to the Government if the Secretary de-
cides— 
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‘‘(i) the asset will remain in public use 
for at least 5 years after the date the asset 
is transferred; 
‘‘(ii) there is no purpose eligible for as-
sistance under this chapter for which the 
asset should be used; 
‘‘(iii) the overall benefit of allowing the 
transfer is greater than the interest of the 
Government in liquidation and return of 
the financial interest of the Government in 
the asset, after considering fair market 
value and other factors; and 
‘‘(iv) through an appropriate screening 
or survey process, that there is no interest 
in acquiring the asset for Government use if 
the asset is a facility or land; or 
‘‘(B) a local governmental authority, non-
profit organization, or other third party entity 
to be used for the purpose of transit-oriented de-
velopment with no further obligation to the Gov-
ernment if the Secretary decides— 
‘‘(i) the asset is a necessary component 
of a proposed transit-oriented development 
project; 
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‘‘(ii) the transit-oriented development 
project will increase transit ridership; 
‘‘(iii) at least 40 percent of the housing 
units offered in the transit-oriented develop-
ment, including housing units owned by 
nongovernmental entities, are legally bind-
ing affordability restricted to tenants with 
incomes at or below 60 percent of the area 
median income and/or owners with incomes 
at or below 60 percent the area median in-
come; 
‘‘(iv) the asset will remain in use as 
described in this section for at least 30 
years after the date the asset is transferred; 
and 
‘‘(v) with respect to a transfer to a 
third party entity— 
‘‘(I) a local government authority 
or nonprofit organization is unable to 
receive the property; 
‘‘(II) the overall benefit of allow-
ing the transfer is greater than the in-
terest of the Government in liquidation 
and return of the financial interest of 
the Government in the asset, after con-
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sidering fair market value and other 
factors; and 
‘‘(III) the third party has dem-
onstrated a satisfactory history of con-
struction or operating an affordable 
housing development.’’. 
SEC. 2703. AFFORDABLE HOUSING INCENTIVES IN CAPITAL 
INVESTMENT GRANTS. 
Section 5309 of title 49, United States Code, is further 
amended— 
(1) in subsection (g)— 
(A) in paragraph (2)(B)— 
(i) in clause (i) by striking ‘‘; and’’ 
and inserting a semicolon; 
(ii) in clause (ii) by striking the pe-
riod and inserting ‘‘; and’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(iii) in the case of a new fixed guide-
way capital project or a core capacity im-
provement project, allow a weighting 5 per-
centage points greater to the economic devel-
opment criterion and 5 percentage points 
lesser to the lowest scoring criterion if the 
applicant demonstrates substantial efforts to 
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preserve or encourage affordable housing 
near the project by providing documenta-
tion of policies that allow by-right multi- 
family housing, single room occupancy 
units, or accessory dwelling units, providing 
local capital sources for transit-oriented de-
velopment, or demonstrate other methods as 
determined by the Secretary.’’; and 
(B) in paragraph (3) by adding at the end 
the following: 
‘‘(B) establish a warrant that applies to the 
economic development project justification cri-
teria, provided that the applicant that requests a 
warrant under this process has completed and 
submitted a housing feasibility assessment.’’; and 
(2) in subsection (l)(4) by adding at the end the 
following: 
‘‘(E) from grant proceeds distributed under 
section 103 of the Housing and Community De-
velopment Act of 1974 (42 U.S.C. 5303) or sec-
tion 201 of the Public Works and Economic De-
velopment Act of 1965 (42 U.S.C. 3141) provided 
that— 
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‘‘(i) such funds are used in conjunction 
with the planning or development of afford-
able housing; and 
‘‘(ii) such affordable housing is located 
within one-half of a mile of a new station.’’. 
Subtitle H—Innovation 
SEC. 2801. MOBILITY INNOVATION SANDBOX PROGRAM. 
Section 5312(d) of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(3) MOBILITY
INNOVATION
SANDBOX
PRO-
GRAM.—The Secretary may make funding available 
under this subsection to carry out research on mobil-
ity on demand and mobility as a service activities el-
igible under section 5316.’’. 
SEC. 2802. TRANSIT BUS OPERATOR COMPARTMENT REDE-
SIGN PROGRAM. 
Section 5312(d) of title 49, United States Code, is fur-
ther amended by adding at the end the following: 
‘‘(4) TRANSIT BUS OPERATOR COMPARTMENT RE-
DESIGN PROGRAM.— 
‘‘(A) IN
GENERAL.—The Secretary may 
make funding available under this subsection to 
carry out research on redesigning transit bus op-
erator compartments to improve safety, oper-
ational efficiency, and passenger accessibility. 
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‘‘(B) 
OBJECTIVES.—Research 
objectives 
under this paragraph shall include— 
‘‘(i) increasing bus operator safety 
from assaults; 
‘‘(ii) optimizing operator visibility and 
reducing operator distractions to improve 
safety 
of 
bus 
passengers, 
pedestrians, 
bicyclists, and other roadway users; 
‘‘(iii) expanding passenger accessibility 
for positive interactions between operators 
and passengers, including assisting pas-
sengers in need of special assistance; 
‘‘(iv) accommodating passenger board-
ing, alighting, and securement consistent 
with the Americans with Disabilities Act of 
1990 (42 U.S.C. 12101 et seq.); and 
‘‘(v) improving ergonomics to reduce 
bus operator work-related health issues and 
injuries, as well as locate key instrument 
and control interfaces to improve oper-
ational efficiency and convenience. 
‘‘(C) ACTIVITIES.—Eligible activities under 
this paragraph shall include— 
‘‘(i) measures to reduce visibility im-
pairments and distractions for bus opera-
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tors that contribute to accidents, including 
retrofits to buses in revenue service and 
specifications for future procurements that 
reduce visibility impairments and distrac-
tions; 
‘‘(ii) the deployment of assault mitiga-
tion infrastructure and technology on buses, 
including barriers to restrict the unwanted 
entry of individuals and objects into bus op-
erators’ workstations; 
‘‘(iii) technologies to improve passenger 
accessibility, including boarding, alighting, 
and securement consistent with the Ameri-
cans with Disabilities Act of 1990 (42 
U.S.C. 12101 et seq.); 
‘‘(iv) installation of seating and modi-
fication to design specifications of bus oper-
ator workstations that reduce or prevent in-
juries from ergonomic risks; or 
‘‘(v) other measures that align with the 
objectives under subparagraph (B). 
‘‘(D) ELIGIBLE ENTITIES.—Entities eligible 
to receive funding under this paragraph shall in-
clude consortia consisting of, at a minimum: 
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‘‘(i) recipients of funds under this 
chapter that provide public transportation 
services; 
‘‘(ii) transit vehicle manufacturers; 
‘‘(iii) representatives from organiza-
tions engaged in collective bargaining on be-
half of transit workers in not fewer than 
three States; and 
‘‘(iv) any nonprofit institution of high-
er education, as defined in section 101 of 
the Higher Education Act of 1965 (20 
U.S.C. 1001).’’. 
SEC. 2803. FEDERAL TRANSIT ADMINISTRATION EVERY DAY 
COUNTS INITIATIVE. 
Section 5312 of title 49, United States Code, as amend-
ed by section 2503, is further amended by adding at the 
end the following: 
‘‘(k) EVERY DAY COUNTS INITIATIVE.— 
‘‘(1) IN GENERAL.—It is in the national interest 
for the Department of Transportation and recipients 
of Federal public transportation funds— 
‘‘(A) to identify, accelerate, and deploy in-
novation aimed at expediting project delivery, 
enhancing the safety of transit systems of the 
United States, and protecting the environment; 
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‘‘(B) to ensure that the planning, design, 
engineering, construction, and financing of 
transportation projects is done in an efficient 
and effective manner; 
‘‘(C) to promote the rapid deployment of 
proven solutions that provide greater account-
ability for public investments; and 
‘‘(D) to create a culture of innovation with-
in the transit community. 
‘‘(2) FTA EVERY DAY COUNTS INITIATIVE.—To 
advance the policies described in paragraph (1), the 
Administrator of the Federal Transit Administration 
shall adopt the Every Day Counts initiative to work 
with recipients to identify and deploy the proven in-
novation practices and products that— 
‘‘(A) accelerate innovation deployment; 
‘‘(B) expedite the project delivery process; 
‘‘(C) improve environmental sustainability; 
‘‘(D) enhance transit safety; 
‘‘(E) expand mobility; and 
‘‘(F) reduce greenhouse gas emissions. 
‘‘(3) CONSIDERATION.—In accordance with the 
Every Day Counts goals described in paragraphs (1) 
and (2), the Administrator shall consider research 
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conducted through the university transportation cen-
ters program in section 5505. 
‘‘(4) INNOVATION DEPLOYMENT.— 
‘‘(A) IN GENERAL.—At least every 2 years, 
the Administrator shall work collaboratively 
with recipients to identify a new collection of in-
novations, best practices, and data to be deployed 
to recipients through case studies, webinars, and 
demonstration projects. 
‘‘(B) REQUIREMENTS.—In identifying a 
collection described in subparagraph (A), the 
Secretary shall take into account market readi-
ness, impacts, benefits, and ease of adoption of 
the innovation or practice. 
‘‘(5) PUBLICATION.—Each collection identified 
under paragraph (4) shall be published by the Ad-
ministrator on a publicly available website. 
‘‘(6) RULE OF CONSTRUCTION.—Nothing in this 
subsection may be construed to allow the Secretary to 
waive any requirement under any other provision of 
Federal law.’’. 
SEC. 2804. TECHNICAL CORRECTIONS. 
Section 5312 of title 49, United States Code, as amend-
ed in section 2503 and 2803, is further amended— 
(1) in subsection (e)— 
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(A) in paragraph (3)(C) by striking ‘‘low or 
no emission vehicles, zero emission vehicles,’’ and 
inserting ‘‘zero emission vehicles’’; and 
(B) by striking paragraph (6) and inserting 
the following: 
‘‘(6) ZERO
EMISSION
VEHICLE
DEFINED.—In 
this subsection, the term ‘zero emission vehicle’ means 
a passenger vehicle used to provide public transpor-
tation that produces no carbon or particulate mat-
ter.’’; 
(2) by redesignating the first subsection (g) as 
subsection (f); and 
(3) in subsection (h)— 
(A) in the header by striking ‘‘LOW OR NO 
EMISSION’’ and inserting ‘‘ZERO EMISSION’’; 
(B) in paragraph (1)— 
(i) by striking subparagraph (B) and 
inserting the following: 
‘‘(B) the term ‘zero emission vehicle’ has the 
meaning given such term in subsection (e)(6);’’; 
and 
(ii) in subparagraph (D) by striking 
‘‘low or no emission vehicle’’ and inserting 
‘‘zero emission vehicle’’ each place such term 
appears; 
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(C) in paragraph (2)— 
(i) in the heading by striking ‘‘LOW OR 
NO EMISSION’’ and inserting ‘‘ZERO EMIS-
SION’’; and 
(ii) by striking ‘‘low or no emission’’ 
and inserting ‘‘zero emission’’ each place 
such term appears; 
(D) in paragraph (3) by striking ‘‘low or 
no emission’’ and inserting ‘‘zero emission’’ each 
place such term appears (including in the head-
ing); and 
(E) in paragraph (5)(A) by striking ‘‘low 
or no emission’’ and inserting ‘‘zero emission’’. 
SEC. 2805. NATIONAL ADVANCED TECHNOLOGY TRANSIT 
BUS DEVELOPMENT PROGRAM. 
(a) ESTABLISHMENT.—The Secretary of Transpor-
tation shall establish a national advanced technology tran-
sit bus development program to facilitate the development 
and testing of commercially viable advanced technology 
transit buses that do not exceed a Level 3 automated driving 
system and related infrastructure. 
(b) 
AUTHORIZATION.—There 
shall 
be 
available 
$20,000,000 for each of fiscal years 2022 through 2026. 
(c) GRANTS.—The Secretary may enter into grants, 
contracts, and cooperative agreements with no more than 
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three geographically diverse nonprofit organizations and re-
cipients under chapter 53 of title 49, United States Code, 
to facilitate the development and testing of commercially 
viable advance technology transit buses and related infra-
structure. 
(d) CONSIDERATIONS.— 
(1) IN GENERAL.—The Secretary shall consider 
the applicant’s— 
(A) ability to contribute significantly to 
furthering advanced technologies as it relates to 
transit bus operations, including advanced driv-
er assistance systems, automatic emergency brak-
ing, accessibility, and energy efficiency; 
(B) financing plan and cost share potential; 
(C) technical experience developing or test-
ing advanced technologies in transit buses; 
(D) commitment to frontline worker in-
volvement; and 
(E) other criteria that the Secretary deter-
mines are necessary to carry out the program. 
(2) RULE OF CONSTRUCTION.—Nothing in this 
subsection may be construed to allow the Secretary to 
waive any requirement under any other provision of 
Federal law. 
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(e) COMPETITIVE GRANT SELECTION.—The Secretary 
shall conduct a national solicitation for applications for 
grants under the program. Grant recipients shall be selected 
on a competitive basis. The Secretary shall give priority 
consideration to applicants that have successfully managed 
advanced transportation technology projects, including 
projects related to public transportation operations for a 
period of not less than 5 years. 
(f) CONSORTIA.—As a condition of receiving an award 
in (c), the Secretary shall ensure— 
(1) that the selected non-profit recipients subse-
quently establish a consortia for each proposal sub-
mitted, including representatives from a labor union, 
transit agency, an FTA-designated university bus 
and component testing center, a Buy America compli-
ant transit bus manufacturer, and others as deter-
mined by the Secretary; 
(2) that no proposal selected would decrease 
workplace or passenger safety; and 
(3) that no proposal selected would undermine 
the creation of high-quality jobs or workforce support 
and development programs. 
(g) FEDERAL SHARE.—The Federal share of costs of 
the program shall be provided from funds made available 
to carry out this section. The Federal share of the cost of 
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a project carried out under the program shall not exceed 
80 percent of such cost. 
SEC. 2806. PUBLIC TRANSPORTATION INNOVATION. 
Section 5312(h)(2) of title 49, United States Code, is 
amended by striking subparagraph (G). 
SEC. 2807. TRANSIT VEHICLE BATTERY RECYCLING AND 
REUSE. 
(a) IN GENERAL.—Not later than 1 year after the date 
of enactment of this Act, the Secretary of Transportation 
shall issue regulations that, notwithstanding any other pro-
vision of law, allow recipients of funds under chapter 53 
of title 49, United States Code, at the option of the recipi-
ent, to repurpose, recycle, reuse, sell, or lease transit vehicle 
batteries that are beyond the useful service life of such bat-
teries for the purpose of transit vehicle propulsion and com-
ponent parts of such batteries. 
(b) CONSIDERATIONS.—In issuing regulations under 
subsection (a), the Secretary shall prioritize second life ap-
plications that— 
(1) maximize the full use of transit vehicle bat-
teries beyond the useful life of such batteries for tran-
sit vehicle propulsion and component parts of such 
batteries; 
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(2) enhance the reuse and recycling of transit ve-
hicle batteries, components, and component critical 
minerals of such batteries; 
(3) reduce costs for recipients; 
(4) create new streams of revenue for recipients; 
(5) support the provision of zero emission public 
transportation service, which may include the use of 
wayside charging; and 
(6) enhance the resilience of public transpor-
tation and the electric vehicle supply equipment net-
work, which may include the use of batteries for en-
ergy storage. 
(c) SECOND LIFE APPLICATIONS DEFINED.—In this 
section, the term ‘‘second life applications’’ means the 
repurposing, recycling, reuse, sale, or leasing of a transit 
vehicle battery that is beyond the useful service life for the 
purpose of transit vehicle propulsion and component parts 
of such battery, but that retains utility for other applica-
tions. 
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Subtitle I—Other Program 
Reauthorizations 
SEC. 2901. REAUTHORIZATION FOR CAPITAL AND PREVEN-
TIVE MAINTENANCE PROJECTS FOR WASH-
INGTON METROPOLITAN AREA TRANSIT AU-
THORITY. 
Section 601 of the Passenger Rail Investment and Im-
provement Act of 2008 (Public Law 110–432) is amended— 
(1) in subsection (b) by striking ‘‘The Federal’’ 
and inserting ‘‘Except as provided in subsection 
(e)(2), the Federal’’; 
(2) by striking subsections (d) through (f) and 
inserting the following: 
‘‘(d) REQUIRED BOARD APPROVAL.—No amounts may 
be provided to the Transit Authority under this section 
until the Transit Authority certifies to the Secretary of 
Transportation that— 
‘‘(1) a board resolution has passed on or before 
July 1, 2022, and is in effect for the period of July 
1, 2022 through June 30, 2031, that— 
‘‘(A) establishes an independent budget au-
thority for the Office of Inspector General of the 
Transit Authority; 
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‘‘(B) establishes an independent procure-
ment authority for the Office of Inspector Gen-
eral of the Transit Authority; 
‘‘(C) establishes an independent hiring au-
thority for the Office of Inspector General of the 
Transit Authority; 
‘‘(D) ensures the Inspector General of the 
Transit Authority can obtain legal advice from 
a counsel reporting directly to the Inspector Gen-
eral; 
‘‘(E) requires the Inspector General of the 
Transit Authority to submit recommendations 
for corrective action to the General Manager and 
the Board of Directors of the Transit Authority; 
‘‘(F) requires the Inspector General of the 
Transit Authority to publish any recommenda-
tion described in subparagraph (E) on the 
website of the Office of Inspector General of the 
Transit Authority, except that the Inspector Gen-
eral may redact personally identifiable informa-
tion and information that, in the determination 
of the Inspector General, would pose a security 
risk to the systems of the Transit Authority; 
‘‘(G) requires the Board of Directors of the 
Transit Authority to provide written notice to 
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the Committee on Transportation and Infra-
structure of the House of Representatives and the 
Committee on Banking, Housing, and Urban Af-
fairs of the Senate not less than 30 days before 
the Board of Directors removes the Inspector 
General of the Transit Authority, which shall in-
clude the reasons for removal and supporting 
documentation; and 
‘‘(H) prohibits the Board of Directors from 
removing the Inspector General of the Transit 
Authority unless the Board of Directors has pro-
vided a 30 day written notification as described 
in subparagraph (G) that documents— 
‘‘(i) a permanent incapacity; 
‘‘(ii) a neglect of duty; 
‘‘(iii) malfeasance; 
‘‘(iv) a conviction of a felony or con-
duct involving moral turpitude; 
‘‘(v) a knowing violation of a law or 
regulation; 
‘‘(vi) gross mismanagement; 
‘‘(vii) a gross waste of funds; 
‘‘(viii) an abuse of authority; or 
‘‘(ix) inefficiency; and 
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‘‘(2) the Code of Ethics for Members of the 
WMATA Board of Directors passed on September 26, 
2019, remains in effect, or the Inspector General of 
the Transit Authority has consulted with any modi-
fications to the Code of Ethics by the Board. 
‘‘(e) AUTHORIZATIONS.— 
‘‘(1) IN GENERAL.—There are authorized to be 
appropriated to the Secretary of Transportation for 
grants under this section— 
‘‘(A) for fiscal year 2022, $150,000,000; 
‘‘(B) for fiscal year 2023, $155,000,000; 
‘‘(C) for fiscal year 2024, $160,000,000; 
‘‘(D) for fiscal year 2025, $165,000,000; 
‘‘(E) for fiscal year 2026, $170,000,000; 
‘‘(F) for fiscal year 2027, $175,000,000; 
‘‘(G) for fiscal year 2028, $180,000,000; 
‘‘(H) for fiscal year 2029, $185,000,000; 
‘‘(I) for fiscal year 2030, $190,000,000; and 
‘‘(J) for fiscal year 2031, $200,000,000. 
‘‘(2) SET ASIDE FOR OFFICE OF INSPECTOR GEN-
ERAL OF TRANSIT AUTHORITY.—From the amounts in 
paragraph (1), the Transit Authority shall provide at 
least 7 percent for each fiscal year to the Office of In-
spector General of the Transit Authority to carry out 
independent and objective audits, investigations, and 
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reviews of Transit Authority programs and oper-
ations to promote economy, efficiency, and effective-
ness, and to prevent and detect fraud, waste, and 
abuse in such programs and operations.’’; and 
(3) by redesignating subsection (g) as subsection 
(f). 
SEC. 2902. OTHER APPORTIONMENTS. 
Section 5336 of title 49, United States Code, is amend-
ed— 
(1) in subsection (h)— 
(A) in the matter preceding paragraph (1) 
by striking ‘‘section 5338(a)(2)(C)’’ and insert-
ing ‘‘section 5338(a)(2)(B)’’; 
(B) by amending paragraph (1) to read as 
follows: 
‘‘(1) to carry out section 5307(h)— 
‘‘(A) $60,906,000 shall be set aside in fiscal 
year 2023; 
‘‘(B) $61,856,134 shall be set aside in fiscal 
year 2024; 
‘‘(C) $62,845,832 shall be set aside in fiscal 
year 2025; and 
‘‘(D) $63,832,511 shall be set aside in fiscal 
year 2026;’’; 
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(C) in paragraph (2) by striking ‘‘3.07 per-
cent’’ and inserting ‘‘6 percent’’; and 
(D) by amending paragraph (3) to read as 
follows: 
‘‘(3) of amounts not apportioned under para-
graphs (1) and (2), 3 percent shall be apportioned to 
urbanized areas with populations of less than 200,000 
in accordance with subsection (i);’’; and 
(2) in subsection (i) by adding at the end the fol-
lowing: 
‘‘(3) CENSUS PHASE-OUT.—Before apportioning 
funds under subsection (h)(3), for any urbanized area 
that is no longer an eligible area due to a change in 
population in the most recent decennial census, the 
Secretary shall apportion to such urbanized area, for 
3 fiscal years, an amount equal to half of the funds 
apportioned to such urbanized area pursuant to this 
subsection for the previous fiscal year.’’. 
Subtitle J—Streamlining 
SEC. 
2911. 
FIXED 
GUIDEWAY 
CAPITAL 
INVESTMENT 
GRANTS. 
Section 5309 of title 49, United States Code, as amend-
ed by section 2703 of this Act, is further amended— 
(1) in subsection (a)— 
(A) in paragraph (7)— 
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(i) in subparagraph (A) by striking 
‘‘$100,000,000’’ 
and 
inserting 
‘‘$320,000,000’’; and 
(ii) in subparagraph (B) by striking 
‘‘$300,000,000’’ 
and 
inserting 
‘‘$400,000,000’’; 
(B) by striking paragraph (6); and 
(C) by redesignating paragraph (7), as so 
amended, as paragraph (6); 
(2) in subsection (b)(2) by inserting ‘‘expanding 
station capacity,’’ after ‘‘construction of infill sta-
tions,’’; 
(3) in subsection (d)(1)— 
(A) in subparagraph (C)(i) by striking ‘‘2 
years’’ and inserting ‘‘3 years’’; and 
(B) by adding at the end the following: 
‘‘(D) OPTIONAL PROJECT DEVELOPMENT AC-
TIVITIES.—An applicant may perform cost and 
schedule risk assessments with technical assist-
ance provided by the Secretary. 
‘‘(E) STATUTORY CONSTRUCTION.—Nothing 
in this section shall be construed as authorizing 
the Secretary to require cost and schedule risk 
assessments in the project development phase.’’; 
(4) in subsection (e)(1)— 
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(A) in subparagraph (C)(i) by striking ‘‘2 
years’’ and inserting ‘‘3 years’’; and 
(B) by adding at the end the following: 
‘‘(D) OPTIONAL PROJECT DEVELOPMENT AC-
TIVITIES.—An applicant may perform cost and 
schedule risk assessments with technical assist-
ance provided by the Secretary. 
‘‘(E) STATUTORY CONSTRUCTION.—Nothing 
in this section shall be construed as authorizing 
the Secretary to require cost and schedule risk 
assessments in the project development phase.’’; 
(5) in subsection (e)(2)(A)(iii)(II) by striking ‘‘5 
years’’ and inserting ‘‘10 years’’; 
(6) in subsection (f)— 
(A) in paragraph (1) by striking ‘‘sub-
section (d)(2)(A)(v)’’ and inserting ‘‘subsection 
(d)(2)(A)(iv)’’; 
(B) in paragraph (2)— 
(i) 
by 
striking 
‘‘subsection 
(d)(2)(A)(v)’’ and inserting ‘‘subsection 
(d)(2)(A)(iv)’’; 
(ii) in subparagraph (D) by adding 
‘‘and’’ at the end; 
(iii) by striking subparagraph (E); 
and 
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(iv) by redesignating subparagraph (F) 
as subparagraph (E); and 
(C) by adding at the end the following: 
‘‘(4) COST-SHARE
INCENTIVES.—For a project 
for which a lower CIG cost share is elected by the ap-
plicant under subsection (l)(1)(C), the Secretary shall 
apply the following requirements and considerations 
in lieu of paragraphs (1) and (2): 
‘‘(A) 
REQUIREMENTS.—In 
determining 
whether a project is supported by local financial 
commitment and shows evidence of stable and 
dependable financing sources for purposes of sub-
section (d)(2)(A)(iv) or (e)(2)(A)(v), the Sec-
retary shall require that— 
‘‘(i) the proposed project plan provides 
for the availability of contingency amounts 
that the applicant determines to be reason-
able to cover unanticipated cost increases or 
funding shortfalls; 
‘‘(ii) each proposed local source of cap-
ital and operating financing is stable, reli-
able, and available within the proposed 
project timetable; and 
‘‘(iii) an applicant certifies that local 
resources are available to recapitalize, 
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maintain, and operate the overall existing 
and proposed public transportation system, 
including essential feeder bus and other 
services necessary to achieve the projected 
ridership levels without requiring a reduc-
tion in existing public transportation serv-
ices or level of service to operate the project, 
or that the annual operating cost of the pro-
posed project does not exceed 5 percent of 
the annual cost to operate and maintain the 
overall public transportation system of the 
applicant. 
‘‘(B) CONSIDERATIONS.—In assessing the 
stability, reliability, and availability of proposed 
sources of local financing for purposes of sub-
section (d)(2)(A)(iv) or (e)(2)(A)(v), the Sec-
retary shall consider— 
‘‘(i) the reliability of the forecasting 
methods used to estimate costs and revenues 
made by the recipient and the contractors to 
the recipient; 
‘‘(ii) existing grant commitments; 
‘‘(iii) any debt obligation that exists, 
or is proposed by the recipient, for the pro-
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posed project or other public transportation 
purpose; and 
‘‘(iv) private contributions to the 
project, including cost-effective project deliv-
ery, management or transfer of project 
risks, expedited project schedule, financial 
partnering, and other public-private part-
nership strategies.’’. 
(7) in subsection (g)— 
(A) in paragraph (2)(A) by striking ‘‘degree 
of local financial commitment’’ and inserting 
‘‘criteria in subsection (f)’’ each place it appears; 
(B) in paragraph (3) by striking ‘‘The Sec-
retary shall,’’ and all that follows through ‘‘to 
carry out this subsection.’’ and inserting the fol-
lowing: ‘‘The Secretary shall— 
‘‘(A) to the maximum extent practicable, de-
velop and use special warrants for making a 
project justification determination under sub-
section (d)(2) or (e)(2), as applicable, for a 
project proposed to be funded using a grant 
under this section if— 
‘‘(i) the share of the cost of the project 
to be provided under this section— 
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‘‘(I) does not exceed $500,000,000 
and the total project cost does not ex-
ceed $1,000,000,000; or 
‘‘(II) complies with subsection 
(l)(1)(C); 
‘‘(ii) the applicant requests the use of 
the warrants; 
‘‘(iii) the applicant certifies that its 
existing public transportation system is in 
a state of good repair; and 
‘‘(iv) the applicant meets any other re-
quirements that the Secretary considers ap-
propriate to carry out this subsection; and’’; 
(C) by striking paragraph (5) and inserting 
the following: 
‘‘(5) POLICY
GUIDANCE.—The Secretary shall 
issue policy guidance on the review and evaluation 
process and criteria not later than 180 days after the 
date of enactment of the INVEST in America Act.’’; 
(D) by striking paragraph (6) and insert-
ing the following: 
‘‘(6) TRANSPARENCY.—Not later than 30 days 
after the Secretary receives a written request from an 
applicant for all remaining information necessary to 
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obtain 1 or more of the following, the Secretary shall 
provide such information to the applicant: 
‘‘(A) Project advancement. 
‘‘(B) Medium or higher rating. 
‘‘(C) Warrant. 
‘‘(D) Letter of intent. 
‘‘(E) Early systems work agreement.’’; and 
(E) in paragraph (7) by striking ‘‘the Fed-
eral Public Transportation Act of 2012’’ and in-
serting ‘‘the INVEST in America Act’’; 
(8) in subsection (h)— 
(A) in paragraph (5) by inserting ‘‘, except 
that for a project for which a lower local cost 
share is elected under subsection (l)(1)(C), the 
Secretary shall enter into a grant agreement 
under this subsection for any such project that 
establishes contingency amounts that the appli-
cant determines to be reasonable to cover unan-
ticipated cost increases or funding shortfalls’’ be-
fore the period at the end; and 
(B) in paragraph (7)(C) by striking ‘‘10 
days’’ and inserting ‘‘3 days’’; 
(9) by striking subsection (i) and inserting the 
following: 
‘‘(i) INTERRELATED PROJECTS.— 
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‘‘(1) RATINGS
IMPROVEMENT.—The Secretary 
shall grant a rating increase of 1 level in mobility 
improvements to any project being rated under sub-
section (d), (e), or (h), if the Secretary certifies that 
the project has a qualifying interrelated project that 
meets the requirements of paragraph (2). 
‘‘(2) INTERRELATED
PROJECT.—A qualifying 
interrelated project is a transit project that— 
‘‘(A) is adopted into the metropolitan trans-
portation plan required under section 5303; 
‘‘(B) has received a class of action designa-
tion under the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.); 
‘‘(C) will likely increase ridership on the 
project being rated in subsection (d), (e), or (h), 
respectively, as determined by the Secretary; and 
‘‘(D) meets one of the following criteria: 
‘‘(i) Extends the corridor of the project 
being rated in subsection (d), (e), or (h), re-
spectively. 
‘‘(ii) Provides a direct passenger trans-
fer to the project being rated in subsection 
(d), (e), or (h), respectively.’’; 
(10) in subsection (k)— 
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(A) in paragraph (2)(D) by adding at the 
end the following: 
‘‘(v) LOCAL FUNDING COMMITMENT.— 
For a project for which a lower CIG cost 
share is elected by the applicant under sub-
section (l)(1)(C), the Secretary shall enter 
into a full funding grant agreement that 
has at least 75 percent of local financial 
commitment committed and the remaining 
percentage budgeted for the proposed pur-
poses.’’; and 
(B) in paragraph (5) by striking ‘‘30 days’’ 
and inserting ‘‘3 days’’; 
(11) in subsection (l)— 
(A) in paragraph (1) by striking subpara-
graph (B) and inserting the following: 
‘‘(B) CAP.—Except as provided in subpara-
graph (C), a grant for a project under this sec-
tion shall not exceed 80 percent of the net capital 
project cost, except that a grant for a core capac-
ity improvement project shall not exceed 80 per-
cent of the net capital project cost of the incre-
mental cost to increase the capacity in the cor-
ridor. 
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‘‘(C) APPLICANT
ELECTION
OF
LOWER 
LOCAL
CIG
COST
SHARE.—An applicant may 
elect a lower local CIG cost share for a project 
under this section for purposes of application of 
the cost-share incentives under subsection (f)(3). 
Such cost share shall not exceed 60 percent of the 
net capital project cost, except that for a grant 
for a core capacity improvement project such 
cost share shall not exceed 60 percent of the net 
capital project cost of the incremental cost to in-
crease the capacity in the corridor.’’; 
(B) by striking paragraph (5) and inserting 
the following: 
‘‘(5) LIMITATION
ON
STATUTORY
CONSTRUC-
TION.—Nothing in this section shall be construed as 
authorizing the Secretary to require, incentivize (in 
any manner not specified in this section), or place 
additional conditions upon a non-Federal financial 
commitment for a project that is more than 20 per-
cent of the net capital project cost or, for a core ca-
pacity improvement project, 20 percent of the net 
capital project cost of the incremental cost to increase 
the capacity in the corridor.’’; and 
(C) by striking paragraph (8) and inserting 
the following: 
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‘‘(8) CONTINGENCY SHARE.—The Secretary shall 
provide funding for the contingency amount equal to 
the proportion of the CIG cost share. If the Secretary 
increases the contingency amount after a project has 
received a letter of no prejudice or been allocated ap-
propriated funds, the federal share of the additional 
contingency amount shall be 25 percent higher than 
the original proportion the CIG cost share and in ad-
dition to the grant amount set in subsection 
(k)(2)(C)(ii).’’; 
(12) in subsection (o) by adding at the end the 
following: 
‘‘(4) CIG PROGRAM DASHBOARD.—Not later than 
the fifth day of each month, the Secretary shall make 
publicly available on a website data on, including the 
status of, each project under this section that is in the 
project development phase, in the engineering phase, 
or has received a grant agreement and remains under 
construction. Such data shall include, for each 
project— 
‘‘(A) the amount and fiscal year of any 
funding appropriated, allocated, or obligated for 
the project; 
‘‘(B) the date on which the project— 
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‘‘(i) entered the project development 
phase; 
‘‘(ii) entered the engineering phase, if 
applicable; and 
‘‘(iii) received a grant agreement, if 
applicable; and 
‘‘(C) the status of review by the Federal 
Transit Administration and the Secretary, in-
cluding dates of request, dates of acceptance of 
request, and dates of a decision for each of the 
following, if applicable: 
‘‘(i) A letter of no prejudice. 
‘‘(ii) An environmental impact state-
ment notice of intent. 
‘‘(iii) A finding of no significant envi-
ronmental impact. 
‘‘(iv) A draft environmental impact 
statement. 
‘‘(v) A final environmental impact 
statement. 
‘‘(vi) A record of decision on the final 
environmental impact statement. 
‘‘(vii) The status of the applicant in 
securing the non-Federal match, based on 
information provided by the applicant, in-
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890 
tive formulas approved by the Secretary using 
the following metrics: 
‘‘(i) The reduced transportation ex-
penditures as a result of improved coordina-
tion. 
‘‘(ii) The reduced Federal and State 
healthcare expenditures using the metrics 
described in subparagraph (F). 
‘‘(iii) The reduced private healthcare 
expenditures using the metrics described in 
subparagraph (F). 
‘‘(F) HEALTHCARE
METRICS.—Healthcare 
metrics described in this subparagraph shall 
be— 
‘‘(i) reducing missed medical appoint-
ments; 
‘‘(ii) the timely discharge of patients 
from hospitals; 
‘‘(iii) preventing hospital admissions 
and reducing readmissions of patients into 
hospitals; and 
‘‘(iv) 
other 
measureable 
healthcare 
metrics, as determined appropriate by the 
Secretary, in consultation with the Sec-
retary of Health and Human Services. 
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(1) IN GENERAL.—There are authorized to be ap-
propriated to the Secretary to carry out section 22908 
of title 49, United States Code, $20,000,000 for each 
of fiscal years 2022 through 2026. 
(2) PROJECT
MANAGEMENT
OVERSIGHT.—The 
Secretary may withhold up to 1 percent from the 
total amounts appropriated under paragraph (1) for 
the costs of project management oversight of grants 
carried out under section 22908 of title 49, United 
States Code. 
(l) GRADE CROSSING SEPARATION GRANTS.— 
(1) IN GENERAL.—There are authorized to be ap-
propriated to the Secretary to carry out section 22912 
of title 49, United States Code, (as added by section 
9551 of this Act) the following amounts: 
(A) For fiscal year 2022, $450,000,000. 
(B) For fiscal year 2023, $475,000,000. 
(C) For fiscal year 2024, $500,000,000. 
(D) For fiscal year 2025, $525,000,000. 
(E) For fiscal year 2026, $550,000,000. 
(2) PROJECT
MANAGEMENT
OVERSIGHT.—The 
Secretary may withhold up to 2 percent from the 
total amounts appropriated under paragraph (1) for 
the costs of project management oversight, including 
providing technical assistance and project planning 
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