S.Amdt. 1232

SA 1232. Mr. DAINES (for himself, Mr. Cramer, and Mr. Toomey)
submitted an amendment intended to be proposed to amendment SA 891
proposed by Mr. Schumer (for himself, Mr. Wyden, Mrs. Murray, Mr.
Brown, Mr. Peters, Mr. Cardin, Ms. Cantwell, Ms. Stabenow, Mr. Tester,
Mr. Menendez, Mr. Schatz, Mr. Carper, Mr. Leahy, and Mr. Sanders) to
the bill H.R. 1319, to provide for reconciliation pursuant to title II
of S. Con. Res. 5; which was ordered to lie on the table; as follows:

Beginning on page 172, strike line 1 and all that follows
through page 180, line 13, and insert the following:
(1) In general.--In addition to amounts otherwise made
available, there are appropriated for fiscal year 2021, out
of any funds in the Treasury not otherwise appropriated,
$30,286,355,534, to remain available until September 30,
2024, that shall--
(A) be for grants to eligible recipients under sections
5307, 5309, 5310, and 5311 of title 49, United States Code,
to prevent, prepare for, and respond to coronavirus; and
(B) not be subject to any prior restriction on the total
amount of funds available for implementation or execution of
programs authorized under sections 5307, 5310, or 5311 of
such title.
(2) Availability of funds for operating expenses.--
(A) In general.--Notwithstanding subsection (a)(1) or (b)
of section 5307 and section 5310(b)(2)(A) of title 49, United
States Code, funds provided under this section, other than
subsection (b)(4), shall be available for the operating
expenses of transit agencies to prevent, prepare for, and
respond to the coronavirus public health emergency,
including, beginning on January 20, 2020--
(i) reimbursement for payroll of public transportation
(including payroll and expenses of private providers of
public transportation);
(ii) operating costs to maintain service due to lost
revenue due as a result of the coronavirus public health
emergency, including the purchase of personal protective
equipment; and
(iii) paying the administrative leave of operations or
contractor personnel due to reductions in service.
(B) Use of funds.--Funds described in subparagraph (A)
shall be--
(i) available for immediate obligation, notwithstanding the
requirement for such expenses to be included in a
transportation improvement program, long-range transportation
plan, statewide transportation plan, or statewide
transportation improvement program under sections 5303 and
5304 of title 49, United States Code;
(ii) directed to payroll and operations of public
transportation (including payroll and expenses of private
providers of public transportation), unless the recipient
certifies to the Administrator of the Federal Transit
Administration that the recipient has not furloughed any
employees;
(iii) used to provide a Federal share of the costs for any
grant made under this section of 100 percent.
(b) Allocation of Funds.--
(1) Urbanized area formula grants.--
(A) In general.--Of the amounts made available under
subsection (a), $26,086,580,227 shall be for grants to
recipients and subrecipients under section 5307 of title 49,
United States Code, and shall be administered as if such
funds were provided under section 5307 of such title.
(B) Allocation.--Amounts made available under subparagraph
(A) shall be apportioned to urbanized areas based on data
contained in the National Transit Database such that--
(i) each urbanized area shall receive an apportionment of
an amount that, when combined with amounts that were
otherwise made available to such urbanized area for similar
activities to prevent, prepare for, and respond to
coronavirus, is equal to 132 percent of the urbanized area's
2018 operating costs; and
(ii) for funds remaining after the apportionment described
in clause (i), such funds shall be apportioned such that--

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

[[Page S1346]]

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

(2) Formula grants for the enhanced mobility of seniors and
individuals with disabilities.--
(A) In general.--Of the amounts made available under
subsection (a), $50,000,000 shall be for grants to recipients
or subrecipients eligible under section 5310 of title 49,
United States Code, and shall be apportioned in accordance
with such section.
(B) Allocation ratio.--Amounts made available under
subparagraph (A) shall be allocated in the same ratio as
funds were provided under section 5310 of title 49, United
States Code, for fiscal year 2020.
(3) Formula grants for rural areas.--
(A) In general.--Of the amounts made available under
subsection (a), $317,214,013 shall be for grants to
recipients or subrecipients eligible under section 5311 of
title 49, United States Code, and shall be administered as if
the funds were provided under section 5311 of such title, and
shall be apportioned in accordance with such section, except
as described in paragraph (B).
(B) Allocation ratio.--Amounts made available under
subparagraph (A) to States, as defined in section 5302 of
title 49, United States Code, shall be allocated to such
States based on data contained in the National Transit
Database, such that--
(i) any State that received an amount for similar
activities to prevent, prepare for, and respond to
coronavirus that is equal to or greater than 150 percent of
the combined 2018 rural operating costs of the recipients and
subrecipients in such State shall receive an amount equal to
5 percent of such State's 2018 rural operating costs;
(ii) any State that does not receive an allocation under
clause (i) that received an amount for similar activities to
prevent, prepare for, and respond to coronavirus that is
equal to or greater than 140 percent of the combined 2018
rural operating costs of the recipients and subrecipients in
that State shall receive an amount equal to 10 percent of
such State's 2018 rural operating costs; and
(iii) any State that does not receive an allocation under
clauses (i) or (ii) shall receive an amount equal to 20
percent of such State's 2018 rural operating costs.
(4) Capital investments.--
(A) In general.--Of the amounts made available under
subsection (a)--
(i) $1,250,000,000 shall be for grants administered under
subsections (d) and (e) of section 5309 of title 49, United
States Code; and
(ii) $250,000,000 shall be for grants administered under
subsection (h) of section 5309 of title 49, United States
Code.
(B) Funding distribution.--
(i) In general.--Of the amounts made available in
subparagraph (A)(i), $1,250,000,000 shall be provided to each
recipient for all projects with existing full funding grant
agreements that received allocations for fiscal year 2019 or
2020, except that recipients with projects open for revenue
service are not eligible to receive a grant under this
subparagraph. Funds shall be provided proportionally based on
the non-capital investment grant share of the amount
allocated.
(ii) Eligible recipients.--For amounts made available in
subparagraph (A)(ii), eligible recipients shall be any
recipient of an allocation under subsection (h) of section
5309 of title 49, United States Code, or an applicant in the
project development phase described in paragraph (2) of such
subsection.
(iii) Amount.--Amounts distributed under clauses (i), (ii),
and (iii) of subparagraph (A) shall be provided
notwithstanding the limitation of any calculation of the
maximum amount of Federal financial assistance for the
project under subsection (k)(2)(C)(ii) or (h)(7) of section
5309 of title 49, United States Code.
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