Sec. 153.

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None of the funds made available by this Act may be used by the National Railroad Passenger Corporation in contravention of the Worker Adjustment and Retraining Notification Act ( 29 U.S.C. 2101 et seq.). For necessary administrative expenses of the Federal Transit Administration's programs authorized by chapter 53 of title 49, United States Code, $117,000,000, of which $15,000,000 shall remain available until September 30, 2021, and up to $1,000,000 shall be available to carry out the provisions of section 5326 of such title: , That upon submission to the Congress of the fiscal year 2021 President's budget, the Secretary of Transportation shall transmit to Congress the annual report on Capital Investment Grants, including proposed allocations for fiscal year 2021.

Provided For payment of obligations incurred in the Federal Public Transportation Assistance Program in this account, and for payment of obligations incurred in carrying out the provisions of 49 U.S.C. 5305 , 5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339, and 5340, as amended by the Fixing America's Surface Transportation Act, section 20005(b) of Public Law 112–141 , and section 3006(b) of the Fixing America's Surface Transportation Act, $10,800,000,000, to be derived from the Mass Transit Account of the Highway Trust Fund and to remain available until expended: , That funds available for the implementation or execution of programs authorized under Provided 49 U.S.C. 5305 , 5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339, and 5340, as amended by the Fixing America's Surface Transportation Act, section 20005(b) of Public Law 112–141 , and section 3006(b) of the Fixing America's Surface Transportation Act, shall not exceed total obligations of $10,150,348,462 in fiscal year 2020: , That the Federal share of the cost of activities carried out under 49 U.S.C. section 5312 shall not exceed 80 percent, except that if there is substantial public interest or benefit, the Secretary may approve a greater Federal share:

Provided further , That in addition to the amounts appropriated for purposes of Provided further 49 U.S.C. 5338(e) , not less than 2 percent of the funds appropriated or available for the purposes of 49 U.S.C. 5338(f) shall be available for the purposes of 49 U.S.C. 5338(e) . For an additional amount for buses and bus facilities grants under section 5339 of title 49, United States Code, low or no emission grants under section 5339(c) of such title, formula grants to rural areas under section 5311 of such title, high density state apportionments under section 5340(d) of such title, the demonstration and deployment of innovative mobility solutions as authorized under section 5312 of such title, bus testing facilities under sections 5312 and 5318 of such title, and for grants to areas of persistent poverty, $510,000,000, to remain available until expended: , That of the sums provided under this heading— Provided $338,000,000 shall be available for the buses and bus facilities competitive grants as authorized under section 5339 of such title, of which $168,000,000 shall be available for the buses and bus facilities formula grants as authorized under section 5339(a) of such title, and $170,000,000 shall be available for buses and bus facilities competitive grants as authorized under section 5339(b) of such title; $75,000,000 shall be available for the low or no emission grants as authorized under section 5339(c) of such title: , That the minimum grant award shall be not less than $750,000;

Provided $40,000,000 shall be available for formula grants for rural areas as authorized under section 5311 of such title; $40,000,000 shall be available for the high density state apportionments as authorized under section 5340(d) of such title; Notwithstanding section 5318(a) of such title, $3,000,000 shall be available for the operation and maintenance of bus testing facilities by institutions of higher education selected pursuant to section 5312(h): , That the Secretary shall enter into a contract or cooperative agreement with, or make a grant to, each institution of higher education selected pursuant to section 5312(h) of such title, to operate and maintain a facility to conduct the testing of low or no emission vehicle new bus models using the standards established pursuant to section 5318(e)(2) of such title:

Provided , That the term Provided further low or no emission vehicle has the meaning given the term in section 5312(e)(6) of such title: , That the Secretary shall pay 80 percent of the cost of testing a low or no emission vehicle new bus model at each selected institution of higher education: Provided further , That the entity having the vehicle tested shall pay 20 percent of the cost of testing: Provided further , That a low or no emission vehicle new bus model tested that receives a passing aggregate test score in accordance with the standards established under section 5318(e)(2) of such title, shall be deemed to be in compliance with the requirements of section 5318(e) of such title;

Provided further $5,500,000 shall be available for the demonstration and deployment of innovative mobility solutions as authorized under section 5312 of such title; and $8,500,000 shall be available for competitive grants to eligible entities to assist areas of persistent poverty: , That areas of persistent poverty means any county that has consistently had 20 percent or more of the population living in poverty over the 30 years preceding the date of enactment of this Act, as measured by the 1990 and 2000 decennial census and the most recent Small Area Income and Poverty Estimates, or any census tract with a poverty rate of at least 20 percent as measured by the 2013–2017 5-year data series available from the American Community Survey of the Census Bureau:

Provided , That grants shall be for planning, engineering, or development of technical, or financing plans for projects eligible under Provided further chapter 53 of title 49, United States Code: , That eligible entities are those defined as eligible recipients or subrecipients under sections 5307, 5310 or 5311 of title 49, United States Code, and are in areas of persistent poverty: Provided further , That the Federal Transit Administration should complete outreach to such counties and the departments of transportation within applicable States via personal contact, webinars, web materials and other appropriate methods determined by the Administrator:

Provided further , That State departments of transportation may apply on behalf of eligible entities within their States: Provided further , That the Federal Transit Administration should encourage grantees to work with non-profits or other entities of their choosing in order to develop planning, technical, engineering, or financing plans: Provided further , That the Federal Transit Administration should encourage grantees to partner with non-profits that can assist with making projects low or no emissions:

Provided further , That projects funded under paragraph

(7)of this heading shall be for not less than 90 percent of the net total project cost: Provided further , That amounts made available by this heading shall be derived from the general fund: Provided further , That the amounts made available under this heading shall not be subject to any limitation on obligations for transit programs set forth in any Act. Provided further For necessary expenses to carry out 49 U.S.C. 5314 , $5,000,000, to remain available until September 30, 2021, of which not less than $2,500,000 shall be for a cooperative agreement through which the Federal Transit Administration assists transit recipients with frontline workforce development and standards based training in maintenance and operations through an agreement with a national nonprofit organization with a demonstrated capacity to develop and provide such programs though labor management partnerships and apprenticeships: , That the assistance provided under this heading does not duplicate the activities of Provided 49 U.S.C. 5311(b) or 49 U.S.C. 5312 . For necessary expenses to carry out fixed guideway capital investment grants under section 5309 of title 49, United States Code, and section 3005(b) of the Fixing America's Surface Transportation Act, $1,978,000,000, to remain available until September 30, 2023: , That of the amounts made available under this heading, $1,681,300,000 shall be allocated by December 31, 2021: Provided , That of the amounts made available under this heading, $1,458,000,000 shall be available for projects authorized under section 5309(d) of title 49, United States Code, $300,000,000 shall be available for projects authorized under section 5309(e) of title 49, United States Code, $100,000,000 shall be available for projects authorized under section 5309(h) of title 49, United States Code, and $100,000,000 shall be available for projects authorized under section 3005(b) of the Fixing America's Surface Transportation Act: Provided further , That the Secretary shall continue to administer the capital investment grants program in accordance with the procedural and substantive requirements of section 5309 of title 49, United States Code, and of section 3005(b) of the Fixing America's Surface Transportation Act: Provided further , That projects that receive a grant agreement under the Expedited Project Delivery for Capital Investment Grants Pilot Program under section 3005(b) of the Fixing America’s Surface Transportation Act shall be deemed eligible for funding provided for projects under section 5309 of title 49, United States Code, without further evaluation or rating under such section: Provided further , That such funding shall not exceed the Federal share under section 3005(b). Provided further For grants to the Washington Metropolitan Area Transit Authority as authorized under section 601 of division B of Public Law 110–432 , $150,000,000, to remain available until expended: , That the Secretary of Transportation shall approve grants for capital and preventive maintenance expenditures for the Washington Metropolitan Area Transit Authority only after receiving and reviewing a request for each specific project: Provided , That the Secretary shall determine that the Washington Metropolitan Area Transit Authority has placed the highest priority on those investments that will improve the safety of the system before approving such grants: Provided further , That the Secretary, in order to ensure safety throughout the rail system, may waive the requirements of section 601(e)(1) of division B of Provided further Public Law 110–432 .

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