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SEC. 2106. FISCAL YEARS 2022 AND 2023 FORMULAS. 
For fiscal years 2022 and 2023, the Secretary of 
Transportation shall apportion and distribute formula 
funds provided for under chapter 53 of title 49, United 
States Code, using data submitted to the 2019 National 
Transit Database. 
SEC. 2107. METROPOLITAN TRANSPORTATION PLANNING. 
Section 5303 of title 49, United States Code, is fur-
ther amended— 
(1) by amending subsection (a)(1) to read as 
follows: 
‘‘(1) to encourage and promote the safe and ef-
ficient management, operation, and development of 
surface transportation systems that will serve the 
mobility needs of people and freight, foster economic 
growth and development within and between States 
and urbanized areas, and take into consideration re-
siliency and climate change adaptation needs while 
reducing transportation-related fuel consumption, air 
pollution, and greenhouse gas emissions through 
metropolitan and statewide transportation planning 
processes identified in this chapter; and’’. 
(2) in subsection (b)— 
(A) by redesignating paragraphs (6) and 
(7) as paragraphs (7) and (8), respectively; and 
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(B) by inserting after paragraph (5) the 
following: 
‘‘(6) STIP.—The term ‘STIP’ means a state-
wide transportation improvement program developed 
by a State under section 135(g).’’; 
(3) in subsection (c)— 
(A) in paragraph (1) by striking ‘‘and 
transportation improvement programs’’ and in-
serting ‘‘and TIPs’’; and 
(B) by adding at the end the following: 
‘‘(4) CONSIDERATION.—In developing the plans 
and TIPs, metropolitan planning organizations shall 
consider direct and indirect emissions of greenhouse 
gases.’’; 
(4) in subsection (d)— 
(A) in paragraph (2) by striking ‘‘Not 
later than 2 years after the date of enactment 
of the Federal Public Transportation Act of 
2012, each’’ and inserting ‘‘Each’’; 
(B) in paragraph (3) by adding at the end 
the following: 
‘‘(D) EQUITABLE
AND
PROPORTIONAL 
REPRESENTATION.— 
‘‘(i) IN
GENERAL.—For officials or 
representatives under paragraph (2), the 
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metropolitan planning organization shall 
ensure the equitable and proportional rep-
resentation of the population of the metro-
politan planning area. 
‘‘(ii) SAVINGS
CLAUSE.—Nothing in 
this paragraph shall require a metropolitan 
planning organization in existence on the 
date of enactment of this subparagraph to 
be restructured. 
‘‘(iii) 
REDESIGNATION.—Notwith-
standing clause (ii), the requirements of 
this paragraph shall apply to any metro-
politan planning organization redesignated 
under paragraph (6).’’; 
(C) in paragraph (6)(B) by striking ‘‘para-
graph (2)’’ and inserting ‘‘paragraphs (2) or 
(3)(D)’’; and 
(D) in paragraph (7)— 
(i) by striking ‘‘an existing metropoli-
tan planning area’’ and inserting ‘‘an ur-
banized area’’; and 
(ii) by striking ‘‘the existing metro-
politan planning area’’ and inserting ‘‘the 
area’’; 
(5) in subsection (g)— 
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(A) in paragraph (1) by striking ‘‘a metro-
politan area’’ and inserting ‘‘an urbanized 
area’’; 
(B) in paragraph (2) by striking ‘‘MPOS’’ 
and 
inserting 
‘‘METROPOLITAN
PLANNING 
AREAS’’; 
(C) in paragraph (3)(A) by inserting 
‘‘emergency response and evacuation, climate 
change adaptation and resilience,’’ after ‘‘dis-
aster risk reduction,’’; and 
(D) by adding at the end the following: 
‘‘(4) COORDINATION BETWEEN MPOS.— 
‘‘(A) IN GENERAL.—If more than one met-
ropolitan planning organization is designated 
within an urbanized area under subsection 
(d)(7), the metropolitan planning organizations 
designated within the area shall ensure, to the 
maximum extent practicable, the consistency of 
any data used in the planning process, includ-
ing information used in forecasting transpor-
tation demand. 
‘‘(B) SAVINGS CLAUSE.—Nothing in this 
paragraph requires metropolitan planning orga-
nizations designated within a single urbanized 
area to jointly develop planning documents, in-
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cluding a unified long-range transportation plan 
or unified TIP.’’; 
(6) in subsection (h)(1)— 
(A) by striking subparagraph (E) and in-
serting the following: 
‘‘(E) protect and enhance the environment, 
promote energy conservation, reduce greenhouse 
gas emissions, improve the quality of life and 
public health, and promote consistency between 
transportation improvements and State and 
local planned growth and economic development 
patterns, including housing and land use pat-
terns;’’; 
(B) in subparagraph (H) by striking 
‘‘and’’ at the end; 
(C) in subparagraph (I) by striking the pe-
riod at the end and inserting ‘‘and reduce or 
mitigate stormwater, sea level rise, extreme 
weather, and climate change impacts of surface 
transportation;’’; and 
(D) by inserting after subparagraph (I) the 
following: 
‘‘(J) support emergency management, re-
sponse, and evacuation and hazard mitigation; 
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‘‘(K) improve the level of transportation 
system access; and 
‘‘(L) support inclusive zoning policies and 
land use planning practices that incentivize af-
fordable, elastic, and diverse housing supply, fa-
cilitate long-term economic growth by improving 
the accessibility of housing to jobs, and prevent 
high housing costs from displacing economically 
disadvantaged households.’’; 
(7) in subsection (h)(2) by striking subpara-
graph (A) and inserting the following: 
‘‘(A) IN GENERAL.—Through the use of a 
performance-based approach, transportation in-
vestment decisions made as a part of the metro-
politan transportation planning process shall 
support the national goals described in section 
150(b) of title 23, the achievement of metro-
politan and statewide targets established under 
section 150(d) of title 23, the improvement of 
transportation system access (consistent with 
section 150(f)) of title 23, and the general pur-
poses described in section 5301 of this title.’’; 
(8) in subsection (i)— 
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(A) in paragraph (2)(D)(i) by inserting 
‘‘reduce greenhouse gas emissions and’’ before 
‘‘restore and maintain’’; 
(B) in paragraph (2)(G) by inserting ‘‘and 
climate change’’ after ‘‘infrastructure to natural 
disasters’’; 
(C) in paragraph (2)(H) by inserting 
‘‘greenhouse gas emissions,’’ after ‘‘pollution,’’; 
(D) in paragraph (5)— 
(i) in subparagraph (A) by inserting 
‘‘air quality, public health, housing, trans-
portation, resilience, hazard mitigation, 
emergency management,’’ after ‘‘conserva-
tion,’’; and 
(ii) by striking subparagraph (B) and 
inserting the following: 
‘‘(B) ISSUES.—The consultation shall in-
volve, as appropriate, comparison of transpor-
tation plans to other relevant plans, including, 
if available— 
‘‘(i) State conservation plans or maps; 
and 
‘‘(ii) inventories of natural or historic 
resources.’’; and 
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(E) by amending paragraph (6)(C) to read 
as follows: 
‘‘(C) METHODS.— 
‘‘(i) IN
GENERAL.—In carrying out 
subparagraph (A), the metropolitan plan-
ning organization shall, to the maximum 
extent practicable— 
‘‘(I) hold any public meetings at 
convenient and accessible locations 
and times; 
‘‘(II) employ visualization tech-
niques to describe plans; and 
‘‘(III) make public information 
available in electronically accessible 
format and means, such as the inter-
net, as appropriate to afford reason-
able opportunity for consideration of 
public information under subpara-
graph (A). 
‘‘(ii) ADDITIONAL METHODS.—In ad-
dition to the methods described in clause 
(i), in carrying out subparagraph (A), the 
metropolitan planning organization shall, 
to the maximum extent practicable— 
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‘‘(I) use virtual public involve-
ment, social media, and other web- 
based tools to encourage public par-
ticipation and solicit public feedback; 
and 
‘‘(II) use other methods, as ap-
propriate, to further encourage public 
participation of historically underrep-
resented individuals in the transpor-
tation planning process.’’; 
(9) in subsection (j) by striking ‘‘transportation 
improvement program’’ and inserting ‘‘TIP’’ each 
place it appears; and 
(10) by striking ‘‘Federally’’ each place it ap-
pears and inserting ‘‘federally’’. 
SEC. 2108. STATEWIDE AND NONMETROPOLITAN TRANS-
PORTATION PLANNING. 
Section 5304 of title 49, United States Code, is 
amended— 
(1) in subsection (a)— 
(A) in paragraph (1) by striking ‘‘state-
wide transportation improvement program’’ and 
inserting ‘‘STIP’’; 
(B) in paragraph (2)— 
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(i) by striking ‘‘The statewide trans-
portation plan and the’’ and inserting the 
following: 
‘‘(A) IN GENERAL.—The statewide trans-
portation plan and the’’; 
(ii) by striking ‘‘transportation im-
provement 
program’’ 
and 
inserting 
‘‘STIP’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(B) CONSIDERATION.—In developing the 
statewide transportation plans and STIPs, 
States shall consider direct and indirect emis-
sions of greenhouse gases.’’; and 
(C) in paragraph (3) by striking ‘‘trans-
portation improvement program’’ and inserting 
‘‘STIP’’; 
(2) in subsection (d)— 
(A) in paragraph (1)— 
(i) in subparagraph (E)— 
(I) by inserting ‘‘reduce green-
house gas emissions,’’ after ‘‘promote 
energy conservation,’’; 
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(II) by inserting ‘‘and public 
health’’ after ‘‘improve the quality of 
life’’; and 
(III) by inserting ‘‘, including 
housing and land use patterns’’ after 
‘‘economic development patterns’’; 
(ii) in subparagraph (H) by striking 
‘‘and’’; 
(iii) in subparagraph (I) by striking 
the period at the end and inserting ‘‘and 
reduce or mitigate stormwater, sea level 
rise, extreme weather, and climate change 
impacts of surface transportation;’’; and 
(iv) by adding at the end the fol-
lowing: 
‘‘(J) facilitate emergency management, re-
sponse, and evacuation and hazard mitigation; 
‘‘(K) improve the level of transportation 
system access; and 
‘‘(L) support inclusive zoning policies and 
land use planning practices that incentivize af-
fordable, elastic, and diverse housing supply, fa-
cilitate long-term economic growth by improving 
the accessibility of housing to jobs, and prevent 
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high housing costs from displacing economically 
disadvantaged households.’’; 
(B) in paragraph (2)— 
(i) by striking subparagraph (A) and 
inserting the following: 
‘‘(A) IN GENERAL.—Through the use of a 
performance-based approach, transportation in-
vestment decisions made as a part of the state-
wide transportation planning process shall sup-
port— 
‘‘(i) the national goals described in 
section 150(b) of title 23; 
‘‘(ii) the consideration of transpor-
tation system access (consistent with sec-
tion 150(f) of title 23); 
‘‘(iii) the achievement of statewide 
targets established under section 150(d) of 
title 23; and 
‘‘(iv) the general purposes described 
in section 5301 of this title.’’; and 
(ii) in subparagraph (D) by striking 
‘‘statewide 
transportation 
improvement 
program’’ and inserting ‘‘STIP’’; and 
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(C) in paragraph (3) by striking ‘‘state-
wide transportation improvement program’’ and 
inserting ‘‘STIP’’; 
(3) in subsection (e)(3) by striking ‘‘transpor-
tation 
improvement 
program’’ 
and 
inserting 
‘‘STIP’’; 
(4) in subsection (f)— 
(A) in paragraph (2)(D)— 
(i) in clause (i) by inserting ‘‘air qual-
ity, public health, housing, transportation, 
resilience, hazard mitigation, emergency 
management,’’ after ‘‘conservation,’’; and 
(ii) by amending clause (ii) to read as 
follows: 
‘‘(ii) COMPARISON
AND
CONSIDER-
ATION.—Consultation 
under 
clause 
(i) 
shall involve the comparison of transpor-
tation plans to other relevant plans and in-
ventories, including, if available— 
‘‘(I) State and tribal conservation 
plans or maps; and 
‘‘(II) inventories of natural or 
historic resources.’’; 
(B) in paragraph (3)(B)— 
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(i) by striking ‘‘In carrying out’’ and 
inserting the following: 
‘‘(i) IN GENERAL.—In carrying out’’; 
(ii) 
by 
redesignating 
clauses 
(i) 
through (iv) as subclauses (I) through 
(IV), respectively; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(ii) ADDITIONAL METHODS.—In ad-
dition to the methods described in clause 
(i), in carrying out subparagraph (A), the 
State shall, to the maximum extent prac-
ticable— 
‘‘(I) use virtual public involve-
ment, social media, and other web- 
based tools to encourage public par-
ticipation and solicit public feedback; 
and 
‘‘(II) use other methods, as ap-
propriate, to further encourage public 
participation of historically underrep-
resented individuals in the transpor-
tation planning process.’’; 
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(C) in paragraph (4)(A) by inserting ‘‘re-
duce greenhouse gas emissions and’’ after ‘‘po-
tential to’’; and 
(D) in paragraph (8) by inserting ‘‘includ-
ing consideration of the role that intercity buses 
may play in reducing congestion, pollution, 
greenhouse gas emissions, and energy consump-
tion in a cost-effective manner and strategies 
and investments that preserve and enhance 
intercity bus systems, including systems that 
are privately owned and operated’’ after ‘‘trans-
portation system’’; 
(5) in subsection (g)— 
(A) in paragraph (1)(A) by striking ‘‘state-
wide transportation improvement program’’ and 
inserting ‘‘STIP’’; 
(B) in paragraph (5)— 
(i) in subparagraph (A) by striking 
‘‘transportation 
improvement 
program’’ 
and inserting ‘‘STIP’’; 
(ii) in subparagraph (B)(ii) by strik-
ing ‘‘metropolitan transportation improve-
ment program’’ and inserting ‘‘TIP’’; 
(iii) in subparagraph (C) by striking 
‘‘transportation 
improvement 
program’’ 
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and inserting ‘‘STIP’’ each place it ap-
pears; 
(iv) in subparagraph (E) by striking 
‘‘transportation 
improvement 
program’’ 
and inserting ‘‘STIP’’; 
(v) in subparagraph (F)(i) by striking 
‘‘transportation 
improvement 
program’’ 
and inserting ‘‘STIP’’ each place it ap-
pears; 
(vi) in subparagraph (G)(ii) by strik-
ing ‘‘transportation improvement program’’ 
and inserting ‘‘STIP’’; and 
(vii) in subparagraph (H) by striking 
‘‘transportation 
improvement 
program’’ 
and inserting ‘‘STIP’’; 
(C) in paragraph (6)— 
(i) in subparagraph (A)— 
(I) by striking ‘‘transportation 
improvement program’’ and inserting 
‘‘STIP’’; and 
(II) by striking ‘‘and projects 
carried out under the bridge program 
or the Interstate maintenance pro-
gram under title 23’’; and 
(ii) in subparagraph (B)— 
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(I) by striking ‘‘or under the 
bridge program or the Interstate 
maintenance program’’; and 
(II) by striking ‘‘statewide trans-
portation improvement program’’ and 
inserting ‘‘STIP’’; 
(D) in paragraph (7)— 
(i) in the heading by striking ‘‘TRANS-
PORTATION IMPROVEMENT PROGRAM’’ and 
inserting ‘‘STIP’’; and 
(ii) by striking ‘‘transportation im-
provement 
program’’ 
and 
inserting 
‘‘STIP’’; 
(E) in paragraph (8) by striking ‘‘state-
wide transportation plans and programs’’ and 
inserting ‘‘statewide transportation plans and 
STIPs’’; and 
(F) in paragraph (9) by striking ‘‘trans-
portation improvement program’’ and inserting 
‘‘STIP’’; 
(6) in subsection (h)(2)(A) by striking ‘‘Not 
later than 5 years after the date of enactment of the 
Federal Public Transportation Act of 2012,’’ and in-
serting ‘‘Not less frequently than once every 4 
years,’’; 
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(7) in subsection (j) by striking ‘‘transportation 
improvement program’’ and inserting ‘‘STIP’’ each 
place it appears; and 
(8) in subsection (l) by striking ‘‘transportation 
improvement programs’’ and inserting ‘‘STIPs’’. 
SEC. 2109. OBLIGATION LIMITATION. 
Notwithstanding any other provision of law, the total 
of all obligations from amounts made available from the 
Mass Transit Account of the Highway Trust Fund by sub-
section (a) of section 5338 of title 49, United States Code, 
shall not exceed— 
(1) $17,894,460,367 for fiscal year 2023; 
(2) $18,201,940,770 for fiscal year 2024; 
(3) $18,551,676,708 for fiscal year 2025; and 
(4) $18,901,573,693 for fiscal year 2026. 
SEC. 2110. PUBLIC TRANSPORTATION EMERGENCY RELIEF 
FUNDS. 
Section 5324 of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(f) IMPOSITION OF DEADLINE.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, the Secretary may not require any 
project funded pursuant to this section to advance to 
the construction obligation stage before the date 
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that is the last day of the sixth fiscal year after the 
later of— 
‘‘(A) the date on which the Governor de-
clared the emergency, as described in subsection 
(a)(2); or 
‘‘(B) the date on which the President de-
clared a major disaster, as described in such 
subsection. 
‘‘(2) EXTENSION OF DEADLINE.—If the Sec-
retary imposes a deadline for advancement to the 
construction obligation stage pursuant to paragraph 
(1), the Secretary may, upon the request of the Gov-
ernor of the State, issue an extension of not more 
than 1 year to complete such advancement, and may 
issue additional extensions after the expiration of 
any extension, if the Secretary determines the Gov-
ernor of the State has provided suitable justification 
to warrant an extension.’’. 
SEC. 2111. CERTIFICATION REQUIREMENTS. 
The certification requirements described in section 
661.12 of title 49, Code of Federal Regulations, shall, 
after the date of enactment of this Act, include a certifi-
cation that buses or other rolling stock (including train 
control, communication and traction power equipment) 
being procured do not contain or use any covered tele-
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communications equipment or services, as such term is de-
fined by section 889 of the John S. McCain National De-
fense Authorization Act for Fiscal Year 2019 (Public Law 
115–232). 
SEC. 2112. HOLD HARMLESS. 
Notwithstanding any other provision of law, for fiscal 
years 2021 and 2022, the Secretary of Transportation 
shall allow project sponsors, at the request of such spon-
sor, to submit ridership and service data and projections 
collected before January 20, 2020 and projections based 
on that data to determine project eligibility under section 
5309 of title 49, United States Code. 
SEC. 2113. STUDY ON ACCESSIBILITY OF PUBLIC TRANS-
PORTATION. 
(a) REPORT.—Not later than 1 year after the date 
of enactment of this Act, the Secretary of Transportation 
shall submit to Congress a report that includes— 
(1) a description of the challenges faced by each 
of the populations described in subsection (b) when 
riding public transportation; and 
(2) recommendations to improve the accessi-
bility of federally-funded public transportation for 
the populations described in subsection (b). 
(b) COVERED POPULATIONS.—The populations de-
scribed in subsection (a) shall be— 
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(1) pregnant women; and 
(2) individuals living in areas of persistent pov-
erty, as such term is defined in section 172(l) of title 
23, United States Code, as added by this Act, and 
individuals that are unbanked or underbanked. 
SEC. 2114. FORMULA FUNDS FOR RURAL AREAS. 
Section 5311(a)(1) of title 49, United States Code, 
is amended— 
(1) by striking ‘‘means a State’’ and inserting 
the following: ‘‘means— 
‘‘(A) a State’’; 
(2) by striking ‘‘Government.’’ and inserting 
‘‘Government; or’’; and 
(3) by adding at the end the following: 
‘‘(B) a State or local governmental entity 
that operates a public transportation service 
and receives and administers Federal transit 
program grant funds for both rural and urban 
areas.’’. 
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Subtitle B—Improving Frequency 
and Ridership 
SEC. 2201. MULTI-JURISDICTIONAL BUS FREQUENCY AND 
RIDERSHIP COMPETITIVE GRANTS. 
(a) IN GENERAL.—Chapter 53 of title 49, United 
States Code, is amended by inserting after section 5307 
the following new section: 
‘‘§ 5308. Multi-jurisdictional bus frequency and rider-
ship competitive grants 
‘‘(a) IN GENERAL.—The Secretary shall make grants 
under this section, on a competitive basis, to eligible re-
cipients to increase the frequency of bus service and the 
ridership of public transit buses. 
‘‘(b) APPLICATIONS.—To be eligible for a grant 
under this section, an eligible recipient shall submit to the 
Secretary an application at such time, in such manner, 
and containing such information as the Secretary may re-
quire. 
‘‘(c) APPLICATION TIMING.—Not later than 90 days 
after amounts are made available to carry out this section, 
the Secretary shall solicit grant applications from eligible 
recipients for projects described in subsection (d). 
‘‘(d) USES OF FUNDS.—An eligible recipient of a 
grant under this section shall use such grant for transpor-
tation capital projects that— 
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‘‘(1) increase— 
‘‘(A) the frequency of bus service; 
‘‘(B) bus ridership; and 
‘‘(C) total person throughput; and 
‘‘(2) are consistent with, and as described in, 
the design guidance issued by the National Associa-
tion of City Transportation Officials and titled 
‘Transit Street Design Guide’. 
‘‘(e) GRANT CRITERIA.—In making grants under this 
section, the Secretary shall consider the following: 
‘‘(1) Each eligible recipient’s projected increase 
in bus frequency. 
‘‘(2) Each eligible recipient’s projected increase 
in bus ridership. 
‘‘(3) Each eligible recipient’s projected increase 
in total person throughput. 
‘‘(4) The degree of regional collaboration de-
scribed in each eligible recipient’s application, in-
cluding collaboration with— 
‘‘(A) a local government entity that oper-
ates a public transportation service; 
‘‘(B) local government agencies that con-
trol street design; 
‘‘(C) metropolitan planning organizations 
(as such term is defined in section 5303); and 
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‘‘(D) State departments of transportation. 
‘‘(f) GRANT TIMING.—The Secretary shall award 
grants under this section not later than 120 days after 
the date on which the Secretary completes the solicitation 
described in subsection (c). 
‘‘(g) REQUIREMENTS OF THE SECRETARY.—In car-
rying out the program under this section, the Secretary 
shall— 
‘‘(1) not later than the date described in sub-
section (c), publish in the Federal Register a list of 
all metrics and evaluation procedures to be used in 
making grants under this section; and 
‘‘(2) publish in the Federal Register— 
‘‘(A) a summary of the final metrics and 
evaluations used in making grants under this 
section; and 
‘‘(B) a list of the ratings of eligible recipi-
ents receiving a grant under this section based 
on such metrics and evaluations. 
‘‘(h) FEDERAL SHARE.— 
‘‘(1) IN GENERAL.—The Federal share of the 
cost of a project carried out under this section shall 
not exceed 80 percent. 
‘‘(2) RESTRICTION ON GRANT AMOUNTS.—The 
Secretary may make a grant for a project under this 
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(aa) by inserting ‘‘in the 
highest 25 percent of routes by 
ridership’’ 
before 
‘‘multiplied 
by’’; and 
(bb) by striking ‘‘vehicle 
passenger miles traveled for each 
dollar of operating cost in an 
area’’ and inserting ‘‘vehicles op-
erating in peak revenue service 
per hour in the highest 25 per-
cent of routes by ridership’’; and 
(III) in clause (ii)— 
(aa) by inserting ‘‘in the 
highest 25 percent of routes by 
ridership’’ 
before 
‘‘multiplied 
by’’; and 
(bb) by striking ‘‘vehicle 
passenger miles traveled for each 
dollar of operating cost in all 
areas’’ and inserting ‘‘vehicles 
operating in peak revenue service 
per hour in the highest 25 per-
cent of routes by ridership’’; and 
(B) by adding at the end the following: 
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‘‘(3) SPECIAL
RULE.—For fiscal years 2023 
and 2024, the percentage— 
‘‘(A) in paragraph (2)(A) in the matter 
preceding clause (i) shall be treated as 100 per-
cent; and 
‘‘(B) in paragraph (2)(B) in the matter 
preceding clause (i) shall be treated as 0 per-
cent.’’; 
(2) in subsection (c)— 
(A) in paragraph (1) by striking ‘‘90.8 
percent’’ and inserting ‘‘90 percent’’ each place 
it appears; 
(B) in paragraph (2)— 
(i) by striking ‘‘9.2 percent’’ and in-
serting ‘‘8 percent’’; 
(ii) by striking ‘‘200,000’’ and insert-
ing ‘‘500,000’’; 
(iii) by striking subparagraph (A) and 
inserting the following: 
‘‘(A) the number of bus passenger miles 
traveled on the highest 25 percent of routes by 
ridership multiplied by the number of buses op-
erating in peak revenue service per hour on the 
highest 25 percent of routes by ridership; di-
vided by’’; and 
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(iv) by striking subparagraph (B) and 
inserting the following: 
‘‘(B) the total number of bus passenger 
miles traveled on the highest 25 percent of 
routes by ridership multiplied by the total num-
ber of buses operating in peak revenue service 
per hour on the highest 25 percent of routes by 
ridership in all areas.’’; and 
(C) by adding at the end the following: 
‘‘(3) Two percent of the total amount appor-
tioned under this subsection shall be apportioned so 
that each urbanized area with a population of at 
least 200,000 and less than 500,000 is entitled to 
receive an amount using the formula in paragraph 
(1). 
‘‘(4) For fiscal years 2023 and 2024, the per-
centage— 
‘‘(A) in paragraph (1) in the matter pre-
ceding subparagraph (A) shall be treated as 
100 percent; 
‘‘(B) in paragraph (2) in the matter pre-
ceding subparagraph (A) shall be treated as 0 
percent; and 
‘‘(C) in paragraph (3) shall be treated as 
0 percent.’’; and 
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(3) by adding at the end the following: 
‘‘(k) PEAK REVENUE SERVICE DEFINED.—In this 
section, the term ‘peak revenue service’ means the time 
period between the time in the morning that an agency 
first exceeds the number of midday vehicles in revenue 
service and the time in the evening that an agency falls 
below the number of midday vehicles in revenue service.’’. 
SEC. 2203. MOBILITY INNOVATION. 
(a) IN GENERAL.—Chapter 53 of title 49, United 
States Code, is amended by inserting after section 5315 
the following new section: 
‘‘§ 5316. Mobility innovation 
‘‘(a) IN GENERAL.—Amounts made available to a 
covered recipient to carry out sections 5307, 5310, and 
5311 may be used by such covered recipient under this 
section to assist in the financing of— 
‘‘(1) mobility as a service; and 
‘‘(2) mobility on demand services. 
‘‘(b) FEDERAL SHARE.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), the Federal share of the net cost 
of a project carried out under this section shall not 
exceed 70 percent. 
‘‘(2) 
INSOURCING
INCENTIVE.—Notwith-
standing paragraph (1), the Federal share of the net 
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cost of a project described in paragraph (1) shall, at 
the request of the project sponsor, be increased by 
up to 10 percent for mobility on demand service op-
erated exclusively by personnel employed by the re-
cipient. 
‘‘(3) ZERO
EMISSION
INCENTIVE.—Notwith-
standing paragraph (1), the Federal share of the net 
cost of a project described in paragraph (1) shall, at 
the request of the project sponsor, be increased by 
up to 10 percent if such project involves an eligible 
use that uses a vehicle that produces zero carbon di-
oxide or particulate matter. 
‘‘(c) ELIGIBLE USES.— 
‘‘(1) IN GENERAL.—The Secretary shall publish 
guidance describing eligible activities that are dem-
onstrated to— 
‘‘(A) increase transit ridership; 
‘‘(B) be complementary to fixed route tran-
sit service; 
‘‘(C) demonstrate meaningful improve-
ments in— 
‘‘(i) environmental metrics, including 
standards established pursuant to the 
Clean Air Act (42 U.S.C. 7401 et seq.) 
and greenhouse gas performance targets 
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established pursuant to section 150(d) of 
title 23; 
‘‘(ii) traffic congestion; 
‘‘(iii) compliance with the require-
ments under the Americans with Disabil-
ities Act of 1990 (42 U.S.C. 12101 et 
seq.); 
‘‘(iv) low-income service to increase 
access to employment, healthcare, and 
other essential services; 
‘‘(v) service during times of the day 
when regular transit service is not oper-
ating, as long as regular transit service 
hours are not reduced; 
‘‘(vi) new service that operates in 
areas of lower density that are unserved or 
underserved by regular transit service; 
‘‘(vii) rural service; and 
‘‘(viii) improvement in paratransit 
service quality. 
‘‘(2) FARE COLLECTION MODERNIZATION.—In 
developing guidance referred to in this section, the 
Secretary shall ensure that— 
‘‘(A) all costs associated with installing, 
modernizing, and managing fare collection, in-
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cluding touchless payment systems, shall be 
considered eligible expenses under this title and 
subject to the applicable Federal share; and 
‘‘(B) such guidance includes guidance on 
how agencies shall provide unbanked and 
underbanked users with an opportunity to ben-
efit from mobility as a service platforms. 
‘‘(3) PROHIBITION
ON
USE
OF
FUNDS.— 
Amounts used by a covered recipient for projects eli-
gible under this section may not be used for— 
‘‘(A) single passenger vehicle miles (in a 
passenger motor vehicle, as such term is de-
fined in section 32101, that carries less than 9 
passengers), unless the trip— 
‘‘(i) meets the definition of public 
transportation; and 
‘‘(ii) begins or completes a fixed route 
public transportation trip; 
‘‘(B) deadhead vehicle miles; or 
‘‘(C) any service considered a taxi service 
that operates under an exemption from testing 
requirements under section 5331. 
‘‘(d) FEDERAL REQUIREMENTS.—A project carried 
out under this section shall be treated as if such project 
were carried out under the section from which the funds 
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were provided to carry out such project, including the ap-
plication of any additional requirements provided for by 
law that apply to section 5307, 5310, or 5311, as applica-
ble. 
‘‘(e) WAIVER.— 
‘‘(1) INDIVIDUAL WAIVER.—Except as provided 
in paragraphs (2) and (3), the Secretary may waive 
any requirement applied to a project carried out 
under this section pursuant to subsection (d) if the 
Secretary determines that the project would— 
‘‘(A) not undermine labor standards; 
‘‘(B) increase employment opportunities of 
the recipient unless the Secretary determines 
that such a waiver does not affect employment 
opportunities; and 
‘‘(C) be consistent with the public interest. 
‘‘(2) WAIVER UNDER OTHER SECTIONS.—The 
Secretary may not waive any requirement under 
paragraph (1) for which a waiver is otherwise avail-
able. 
‘‘(3) 
PROHIBITION
OF
WAIVER.—Notwith-
standing paragraph (1), the Secretary may not 
waive any requirement of— 
‘‘(A) section 5333; 
‘‘(B) section 5331; 
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‘‘(C) section 5302(14); and 
‘‘(D) chapter 53 that establishes a max-
imum Federal share for operating costs. 
‘‘(4) APPLICATION OF SECTION 5320.—Notwith-
standing paragraphs (1) and (2), the Secretary may 
only waive the requirements of section 5320 with re-
spect to— 
‘‘(A) a passenger vehicle owned by an indi-
vidual; 
‘‘(B) subsection (q) of such section for any 
passenger vehicle not owned by an individual 
for the period beginning on the date of enact-
ment of this section and ending 3 years after 
such date; 
‘‘(C) any shared micromobility device for 
the period beginning on the date of enactment 
of this section and ending on the date that is 
3 years after such date; and 
‘‘(D) rolling stock that is part of a dedi-
cated fleet of vehicles for the provision of micro-
transit that is operated by, or exclusively on be-
half of, the covered recipient for the period be-
ginning on the date of enactment of this section 
and ending on the date that is 3 years after 
such date. 
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‘‘(5) LIMITATION.—A waiver issued under sub-
paragraphs (B), (C), or (D) of paragraph (4) may 
only be issued on an individual project basis at the 
request of the covered recipient and may not be re-
newed or extended beyond the initial 3-year period 
of the waiver. 
‘‘(f) OPEN DATA STANDARDS.— 
‘‘(1) IN
GENERAL.—Not later than 90 days 
after the date of enactment of this section, the Sec-
retary shall initiate procedures under subchapter III 
of chapter 5 of title 5 to develop an open data stand-
ard and an application programming interface nec-
essary to carry out this section. 
‘‘(2) REGULATIONS.—The regulations required 
under paragraph (1) shall require public transpor-
tation agencies, mobility on demand providers, mo-
bility as a service technology providers, other non- 
government actors, and local governments the effi-
cient means to transfer data to— 
‘‘(A) foster the efficient use of transpor-
tation capacity; 
‘‘(B) enhance the management of new 
modes of mobility; 
‘‘(C) enable the use of innovative planning 
tools; 
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‘‘(D) enable single payment systems for all 
mobility on demand services; 
‘‘(E) establish metropolitan planning orga-
nization, State, and local government access to 
anonymized data for transportation planning, 
real time operations data, and rules; 
‘‘(F) prohibit the transfer of personally 
identifiable information; 
‘‘(G) protect confidential business informa-
tion; 
‘‘(H) enhance cybersecurity protections; 
and 
‘‘(I) allow data governance, including but 
not limited to licensing and terms of informa-
tion sharing, periodic risk assessments, policies 
regarding data retention and information han-
dling policies, and anonymization techniques. 
‘‘(3) PROHIBITION ON FOR PROFIT ACTIVITY.— 
Any data received by an entity under this subsection 
may not be sold, leased, or otherwise used to gen-
erate profit, except for the direct provision of the re-
lated mobility on demand services and mobility as a 
service. 
‘‘(4) COMMITTEE.—A negotiated rulemaking 
committee established pursuant to section 565 of 
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title 5 to carry out this subsection shall have a max-
imum of 17 members limited to representatives of 
the Department of Transportation, State and local 
governments, metropolitan planning organizations, 
urban and rural covered recipients, associations that 
represent public transit agencies, representatives 
from at least 3 different organizations engaged in 
collective bargaining on behalf of transit workers in 
not fewer than 3 States, mobility on demand pro-
viders, and mobility as a service technology pro-
viders. 
‘‘(5) PUBLICATION
OF
PROPOSED
REGULA-
TIONS.—Proposed regulations to implement this sec-
tion shall be published in the Federal Register by 
the Secretary not later than 18 months after such 
date of enactment. 
‘‘(6) EXTENSION OF DEADLINES.—A deadline 
set forth in paragraph (4) may be extended up to 
180 days if the negotiated rulemaking committee re-
ferred to in paragraph (5) concludes that the com-
mittee cannot meet the deadline and the Secretary 
so notifies the Committee on Transportation and In-
frastructure of the House of Representatives and the 
Committee on Banking, Housing, and Urban Affairs 
of the Senate. 
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‘‘(g) APPLICATION
OF RECIPIENT VEHICLE REV-
ENUE MILES.—With respect to vehicle revenue miles with 
one passenger of a covered recipient using amounts under 
this section, such miles— 
‘‘(1) shall be included in the National Transit 
Database under section 5335; and 
‘‘(2) shall be excluded from vehicle revenue 
miles data used in the calculation described in sec-
tion 5336. 
‘‘(h) SAVINGS CLAUSE.—Subsection (c)(2) and sub-
section (g) shall not apply to any eligible activities under 
this section if such activities are— 
‘‘(1) being carried out in compliance with the 
Americans with Disabilities Act of 1990 (42 U.S.C. 
12101 et seq.); or 
‘‘(2) projects eligible under section 5310 that 
exceed the requirements of the Americans with Dis-
abilities Act of 1990 (42 U.S.C. 12101 et seq.). 
‘‘(i) DEFINITIONS.—In this section: 
‘‘(1) COVERED RECIPIENT.—The term ‘covered 
recipient’ means a State or local government entity, 
private nonprofit organization, or Tribe that— 
‘‘(A) operates a public transportation serv-
ice; and 
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‘‘(B) is a recipient or subrecipient of funds 
under section 5307, 5310, or 5311. 
‘‘(2) DEADHEAD
VEHICLE
MILES.—The term 
‘deadhead vehicle miles’ means the miles that a vehi-
cle travels when out of revenue service, including 
leaving or returning to the garage or yard facility, 
changing routes, when there is no expectation of car-
rying revenue passengers, and any miles traveled by 
a private operator without a passenger. 
‘‘(3) MOBILITY AS A SERVICE.—The term ‘mo-
bility as a service’ means services that constitute the 
integration of mobility on demand services and pub-
lic transportation that are available and accessible to 
all travelers, provide multimodal trip planning, and 
a unified payment system. 
‘‘(4) MOBILITY ON DEMAND.—The term ‘mobil-
ity on demand’ means an on-demand transportation 
service shared among individuals, either concurrently 
or one after another.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 53 of title 49, United States Code, is amended by in-
serting after the item relating to section 5315 the fol-
lowing new item: 
‘‘5316. Mobility innovation.’’. 
(c) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall take effect on the date 
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on which the Secretary of Transportation has finalized 
both— 
(1) the guidance required under section 5316(c) 
of title 49, United States Code; and 
(2) the regulations required under section 
5316(f) of title 49, United States Code. 
(d) SAVINGS CLAUSE.—Nothing in this section, or 
the amendments made by this section, shall prohibit the 
use of funds for an eligible activity or pilot project of a 
covered recipient authorized under the law in effect on the 
day before the date of enactment of this Act before the 
effective date described in subsection (c). 
SEC. 2204. FORMULA GRANTS FOR RURAL AREAS. 
Section 5311 of title 49, United States Code, is 
amended— 
(1) in subsection (b)— 
(A) in paragraph (2) by adding at the end 
the following: 
‘‘(D) CENSUS
DESIGNATION.—The Sec-
retary may approve a State program that allo-
cates not more than 5 percent of such State’s 
apportionment to assist rural areas that were 
redesignated as urban areas not more than 2 
fiscal years after the last census designation of 
urbanized area boundaries.’’; and 
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(B) in paragraph (3) by striking ‘‘section 
5338(a)(2)(F)’’ 
and 
inserting 
‘‘section 
5338(a)(2)(E)’’; 
(2) in subsection (c)— 
(A) in paragraph (1)— 
(i) in the matter preceding subpara-
graph 
(A) 
by 
striking 
‘‘section 
5338(a)(2)(F)’’ and inserting ‘‘section 
5338(a)(2)(E)’’; 
(ii) in subparagraph (A) by striking 
‘‘$5,000,000’’ 
and 
inserting 
‘‘$10,000,000’’; and 
(iii) in subparagraph (B) by striking 
‘‘$30,000,000’’ and inserting ‘‘the amount 
remaining under section 5338(a)(2)(E)(i) 
after the amount under subparagraph (A) 
is distributed’’; 
(B) in paragraph (2)(C) by striking ‘‘sec-
tion 5338(a)(2)(F)’’ and inserting ‘‘section 
5338(a)(2)(E)’’; and 
(C) in paragraph (3)— 
(i) in subparagraph (A) by striking 
‘‘section 5338(a)(2)(F)’’ and inserting 
‘‘section 5338(a)(2)(E)’’; and 
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(ii) by striking subparagraphs (B) and 
(C) and inserting the following: 
‘‘(B) LAND AREA.— 
‘‘(i) IN GENERAL.—Subject to clause 
(ii), each State shall receive an amount 
that is equal to 15 percent of the amount 
apportioned under this paragraph, multi-
plied by the ratio of the land area in rural 
areas in that State and divided by the land 
area in all rural areas in the United 
States, as shown by the most recent decen-
nial census of population. 
‘‘(ii) MAXIMUM
APPORTIONMENT.— 
No State shall receive more than 5 percent 
of the amount apportioned under clause 
(i). 
‘‘(C) POPULATION.—Each State shall re-
ceive an amount equal to 50 percent of the 
amount apportioned under this paragraph, mul-
tiplied by the ratio of the population of rural 
areas in that State and divided by the popu-
lation of all rural areas in the United States, as 
shown by the most recent decennial census of 
population. 
‘‘(D) VEHICLE REVENUE MILES.— 
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‘‘(i) IN GENERAL.—Subject to clause 
(ii), each State shall receive an amount 
that is equal to 25 percent of the amount 
apportioned under this paragraph, multi-
plied by the ratio of vehicle revenue miles 
in rural areas in that State and divided by 
the vehicle revenue miles in all rural areas 
in the United States, as determined by na-
tional transit database reporting. 
‘‘(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 divided by the number of low-income indi-
viduals 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-
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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 
(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 volun-
teer hours as allowable in-kind contributions to-
ward the non-Federal share of project costs, 
such regulations shall be used to determine the 
allowable valuation of volunteer hours as an in- 
kind contribution toward the non-Federal re-
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mainder 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 
amended 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 
Secretary shall establish a one-stop paratransit com-
petitive 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 im-
plement the pilot program. 
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‘‘(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; 
‘‘(B) methodology for informing the public 
of the grant program; 
‘‘(C) vehicles, personnel, and other re-
sources that will be used to implement the 
grant program; 
‘‘(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 
intends 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-
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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 
transportation for rural communities. 
‘‘(5) DATA-SHARING CRITERIA.—An eligible re-
cipient in this subsection shall provide data as the 
Secretary requires, which may include— 
‘‘(A) number of ADA paratransit trips 
conducted 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 
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‘‘(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. 
‘‘(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, 
including an evaluation of the data shared by 
eligible recipients under paragraph (5).’’. 
SEC. 2206. NEW MUNICIPAL TRANSIT SERVICES TO BETTER 
CONNECT COMMUNITIES. 
Section 5336 of title 49, United States Code, is fur-
ther amended by adding at the end the following: 
‘‘(l) PASS THROUGH FUNDING.— 
‘‘(1) PASS THROUGH TO SERVICE PROVIDERS.— 
Designated recipients, upon request of a provider of 
new public transportation service, shall enter into a 
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split letter or some other agreement under which not 
less than 80 percent of the funding apportioned 
under subparagraphs (A)(i) and (B)(i) of subsection 
(c)(1) to a service provider that results from the 
provision of new qualified transit services provided 
by such provider is passed through to such provider 
so long as the following conditions are met— 
‘‘(A) the service being provided as well as 
the service provider are eligible for assistance 
and meets or exceeds all Federal Transit Ad-
ministration requirements, including the re-
quirements of sections 5320 and 5333; 
‘‘(B) the service provided has submitted 
the appropriate data to the National Transit 
Database or has submitted such data to an-
other regional entity for submission to the Na-
tional Transit Database; 
‘‘(C) the service provider is eligible to be a 
recipient of Federal transit funds; 
‘‘(D) the service provider is able to use the 
funding for continued service or expansion of el-
igible transit services so long as any new service 
being provided does not duplicate existing serv-
ice being provided; and 
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‘‘(E) the regional metropolitan planning 
organization does not opt out of the pass- 
through requirement as allowed by paragraph 
(2). 
‘‘(2) OPT-OUT.—A metropolitan planning orga-
nization may elect to have designated recipients 
within the metropolitan planning area opt-out if 
such planning organization certifies with the Sec-
retary that 1 of the following conditions are met: 
‘‘(A) The new service has not met the con-
ditions outlined by paragraph (1) of this sub-
section. 
‘‘(B) The new service does not address or 
align with the policies and goals identified in 
the region’s transportation plan. 
‘‘(C) The metropolitan planning organiza-
tion or designated recipient has in place a proc-
ess or policy that addresses multi-agency or re-
gional issues with formula funds and includes 
an opportunity for new service providers to par-
ticipate and receive necessary funding from 
such policy or program. 
‘‘(3) DEFINITIONS.—In this subsection: 
‘‘(A) NEW TRANSIT SERVICES.—The term 
‘new transit services’ means public transpor-
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tation services whereby data from the provision 
of services has previously not been submitted to 
the national transit database and is service cre-
ated to increase access to public transportation, 
address areas which are not adequately serviced 
by high frequency public transportation, create 
first and last mile connections to existing public 
transportation services, or provide access to 
public transportation to long distance commute 
routes where no or limited service previously ex-
isted. 
‘‘(B) SERVICE PROVIDER.—The term ‘serv-
ice provider’— 
‘‘(i) has the meaning given the term 
‘local government authority’ in section 
5302; and 
‘‘(ii) means a public transportation 
agency.’’. 
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: 
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‘‘§ 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 
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 sub-
components produced in the United States is 
more than 70 percent of the cost of all compo-
nents of the rolling stock; and 
‘‘(B) final assembly of the rolling stock has 
occurred in the United States; or 
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‘‘(4) including domestic material will increase 
the cost of the overall project by more than 25 per-
cent. 
‘‘(c) WRITTEN WAIVER DETERMINATION AND AN-
NUAL 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 Sec-
retary shall provide notification and an oppor-
tunity 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 
subsection (b)(1), (b)(2) or (b)(4); and 
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‘‘(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 Sec-
retary shall publish a detailed justification for such 
determination that addresses all public comments re-
ceived 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 Sec-
retary 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 Representatives a report listing any 
waiver issued under paragraph (1) during the pre-
ceding 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 com-
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ponent in the cost of components and subcompo-
nents 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 
calculating 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 
calculating 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. 
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‘‘(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 con-
tent of the rolling stock under subsection 
(b)(3), in the case of a rolling stock procure-
ment receiving assistance 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 pro-
duced in the United States, the Secretary shall 
include in the calculation of the domestic con-
tent 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 
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. 
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‘‘(4) TREATMENT
OF
WAIVED
COMPONENTS 
AND SUBCOMPONENTS.—In this section, a compo-
nent or subcomponent waived under subsection (b) 
shall be excluded from any part of the calculation re-
quired 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 calcu-
lating the domestic content of the rolling stock for 
any zero-emission vehicle that uses only battery cells 
for propulsion that are manufactured domestically. 
‘‘(6) PROHIBITION ON DOUBLE COUNTING.— 
‘‘(A) IN
GENERAL.—No labor costs in-
cluded in the cost of a component or subcompo-
nent 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. 
‘‘(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-
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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. 
‘‘(e) CERTIFICATION
OF DOMESTIC SUPPLY
AND 
DISCLOSURE.— 
‘‘(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— 
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‘‘(A) the steel, iron, or manufactured 
goods, as applicable, (referred to in this para-
graph 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 manufactur-
ers in the United States from which the item 
can be obtained. 
‘‘(2) DISCLOSURE.—The Secretary shall dis-
close 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 
government of that foreign country— 
‘‘(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 
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that are produced in the United States and to which 
the agreement applies. 
‘‘(g) PENALTY FOR MISLABELING AND MISREPRE-
SENTATION.—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 authorized under title II of division B of the IN-
VEST in America Act if a court or department, agency, 
or instrumentality of the Government decides the person 
intentionally— 
‘‘(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 requirements than this subsection on the use of 
articles, materials, and supplies mined, produced, or man-
ufactured in foreign countries in projects carried out with 
that assistance or restricts a recipient of that assistance 
from complying with those State-imposed requirements. 
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‘‘(i) OPPORTUNITY
TO
CORRECT
INADVERTENT 
ERROR.—The Secretary may allow a manufacturer or 
supplier of steel, iron, or manufactured goods to correct 
after bid opening any certification of noncompliance or 
failure to properly complete the certification (but not in-
cluding failure to sign the certification) under this sub-
section if such manufacturer or supplier attests under pen-
alty of perjury that such manufacturer or supplier sub-
mitted an incorrect certification as a result of an inad-
vertent or clerical error. The burden of establishing inad-
vertent or clerical error is on the manufacturer or supplier. 
‘‘(j) ADMINISTRATIVE REVIEW.—A party adversely 
affected 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 pur-
poses of determining whether a purchase qualifies for a 
general public interest waiver under subsection (b)(1), in-
cluding under any regulation promulgated under such sub-
section, the term ‘small purchase’ means a purchase of 
not more than $150,000. 
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‘‘(m) PREAWARD AND POSTDELIVERY REVIEW OF 
ROLLING STOCK PURCHASES.— 
‘‘(1) IN
GENERAL.—The Secretary shall pre-
scribe 
regulations 
requiring 
a 
preaward 
and 
postdelivery certification of a rolling stock vehicle 
that meets the requirements of this section and Gov-
ernment motor vehicle safety requirements to be eli-
gible for a grant under this chapter. For compliance 
with this section— 
‘‘(A) Federal inspections and review are 
required; 
‘‘(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 compo-
nents of the rolling stock, that reduces, by more 
than half, the percentage of domestic content 
above 70 percent. 
‘‘(2) CERTIFICATION OF PERCENTAGE.— 
‘‘(A) IN GENERAL.—The Secretary may, at 
the request of a component or subcomponent 
manufacturer, certify the percentage of domes-
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tic content and place of manufacturing for a 
component or subcomponent. 
‘‘(B) PERIOD
OF
CERTIFICATION.—Any 
component or subcomponent certified by the 
Secretary shall remain certified until the manu-
facturer makes a material change to the domes-
tic 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 
subsection (b)(4) of such section. 
‘‘(4) NONCOMPLIANCE.—The Secretary shall 
prohibit recipients from procuring rolling stock, com-
ponents, or subcomponents from a supplier that in-
tentionally 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 
funding 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. 
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‘‘(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 
annual audit on certifications under subsection (m) 
regarding 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 Trans-
portation’s Office of Inspector General Hotline on 
the Federal Transit Administration’s Buy America 
landing 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 Transpor-
tation’s Office of Inspector General Hotline to report 
suspicions of fraud, waste, and abuse. 
‘‘(q) PASSENGER MOTOR VEHICLES.— 
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‘‘(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
PAS-
SENGER MOTOR VEHICLE.—In this subsection, the 
term ‘domestically 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 pas-
senger 
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 
Regulations, if the material inputs of such component or 
subcomponent were imported into the United States and 
the processes performed in the United States on the im-
ported articles would not result in a change in the article’s 
classification to chapter 86 or 87 of the Harmonized Tar-
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iff 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.—Notwith-
standing any other provision of any law or any rule, regu-
lation, or policy of the Federal Transit Administration, 
steel and iron components of a system, as defined in sec-
tion 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 re-
quirements 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 sec-
tion 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 
inserting ‘‘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 Sec-
retary 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 section with modern manufacturing tech-
niques. 
(c) RAIL ROLLING STOCK.—Not later than 30 
months after the date of enactment of this Act, the Sec-
retary shall issue such regulations as are necessary to re-
vise subsections (t), (u), and (v) of section 661.11 of title 
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49, Code of Federal Regulations, with respect to rail roll-
ing stock to maximize job creation and align such section 
with modern manufacturing techniques. 
(d) RULE OF APPLICABILITY.— 
(1) IN
GENERAL.—Except as otherwise pro-
vided in this subsection, the amendments made by 
this section shall apply to any contract entered into 
on or after the date of enactment of this Act. 
(2) DELAYED APPLICABILITY OF CERTAIN PRO-
VISIONS.—Contracts described in paragraph (1) 
shall be subject to the following delayed applicability 
requirements: 
(A) Section 5320(m)(2) shall apply to con-
tracts entered into on or after the date that is 
30 days after the date of enactment of this Act. 
(B) Notwithstanding subparagraph (A), 
section 5320(m) shall apply to contracts for the 
procurement of bus rolling stock beginning on 
the earlier of— 
(i) 180 days after the date on which 
final regulations are issued pursuant to 
subsection (b); or 
(ii) the date that is 1 year after the 
date of enactment of this Act. 
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(C) Notwithstanding subparagraph (A), 
section 5320(m) shall apply to contracts for the 
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 appli-
cation 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 ve-
hicle 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 Sec-
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retary shall apply the requirements of sections 
5323(j) and 5323(m) of title 49, United States 
Code, as in effect on the day before the date of en-
actment of this Act, as applicable. 
(e) SPECIAL RULE FOR DOMESTIC CONTENT.— 
(1) IN GENERAL.—For the calculation of the 
percent 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 
vehicle occurs in fiscal year 2023 or fiscal year 
2024, for components that exceed 70 percent 
domestic content, the Secretary shall add 20 
additional percent to the component’s domestic 
content; and 
(B) if the delivery of the first production 
vehicle 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 
percent domestic content, the Secretary 
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shall add 20 additional percent to the com-
ponent’s domestic content. 
(2) CONTRACTS AFTER OCTOBER 1, 2021.—For 
the calculation of the percent of domestic content 
calculated 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 domestic content, the Sec-
retary shall add 30 additional percent to the compo-
nent’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 
amended 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 
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chapter to a recipient that issues a request for pro-
posals for an open market procurement that meets 
the following criteria: 
‘‘(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 
specification of a bus offered by a manufac-
turer, except to require a component or sub-
component identified in the negotiated rule-
making 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 IN-
VEST in America Act, the Secretary shall ini-
tiate procedures under subchapter III of chap-
ter 5 of title 5 to negotiate and issue such regu-
lations as are necessary to establish as limited 
a list as is practicable of bus components and 
subcomponents described in subparagraph (B). 
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‘‘(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 
proposals described in paragraph (1) by a re-
cipient. The Secretary shall ensure the list is 
limited in scope and limited to only components 
and subcomponents that cannot be selected with 
performance specifications to ensure interoper-
ability. 
‘‘(C) PUBLICATION OF PROPOSED REGULA-
TIONS.—Proposed regulations to implement this 
section shall be published in the Federal Reg-
ister 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 Trans-
portation, urban and rural recipients (including 
State government recipients), and transit vehi-
cle manufacturers. 
‘‘(E) 
EXTENSION
OF
DEADLINES.—A 
deadline set forth in subparagraph (C) may be 
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extended 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 
Committee on Transportation and Infrastruc-
ture of 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 
offers to sell to a public transportation agency.’’. 
SEC. 2303. BUS TESTING FACILITY. 
Section 5318 of title 49, United States Code, is 
amended 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 
testing 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 
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the American Rescue Plan Act of 2021 (Public Law 117– 
2) if the funds were used to award a contract or sub-
contract to an entity for the procurement of rolling stock 
for use in public transportation if the manufacturer of the 
rolling stock— 
(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 
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received 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 sub-
section (a). 
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 fol-
lowing: 
‘‘(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 de-
scribed 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 cen-
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