Sec. 103. Federal Transit Administration
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In addition to amounts authorized under section 101, there is authorized to be appropriated from the Mass Transit Account for fiscal year 2021, for activities under this section, $5,794,851,538. Amounts authorized under subparagraph
(A)shall be apportioned in accordance with section 5310, section 5311 (other than subsections (b)(3), (c)(1)(A), and (c)(2) of such section), section 5336 (other than subsection (h)(4) of such section), section 5337, and section 5340 of title 49, United States Code, except that funds apportioned under section 5337 of such title shall be added to funds apportioned under section 5307 of such title for administration under section 5307 of such title. The Secretary shall allocate the amounts authorized to be appropriated to sections 5307, 5310, 5311, 5337, and 5340 of title 49, United States Code, among such sections in the same ratio as funds are provided in the fiscal year 2020 appropriations. Notwithstanding any other provision of law, for fiscal year 2021, obligations for activities authorized under this paragraph shall not exceed $5,794,851,538. In addition to amounts authorized under section 101(a)(1)(B), there is authorized to be appropriated from the general fund of the Treasury— $958,000,000 to carry out section 5309 of title 49, United States Code; and such sums as may be necessary to be made available as described in subsection
(c)and that such sums shall be designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Section 1101(b) of the FAST Act ( Public Law 114–94 ) shall apply to additional amounts made available under this subsection. Notwithstanding 5307(a)(1) of title 49, United States Code, amounts made available under subsection (a)(1)(A) may be obligated for— operating expenses, including, beginning on January 20, 2020— reimbursement for operating costs to maintain service and offset lost revenue, including the purchase of personal protective equipment; and paying the administrative leave of operations personnel due to reductions in service; and any other activity eligible under section 5307, 5310, 5311, or 5337 of title 49, United States Code. Recipients use of funds under paragraph
(1)shall— not require that operating expenses described in paragraph (1)(A) be included in a metropolitan transportation plan, long-range statewide transportation plan, a transportation improvement program, or a statewide transportation improvement program; meet the requirements of section 5333 of title 49, United States Code; and to the maximum extent possible, be directed to payroll and public transit service, unless the recipient certifies to the Secretary that such recipient has not furloughed any employees. Of the amounts made available to carry out this section, the percentages available for oversight in section 5338(f)(1) of title 49, United States Code, shall apply to the allocations of funds in subsection (a)(1)(C). Amounts made available under subsection (a)(1)(A) shall be available for administrative expenses and program management oversight as authorized under sections 5334 and 5338(f)(2) of title 49, United States Code. Amounts made available under subsection (a)(1)(A) shall be administered, at the option of the recipient, as grants provided under the CARES Act ( Public Law 116–136 ) are administered. From amounts made available under subsection (a)(2)(B) and notwithstanding section 5309(k)(2)(C)(ii), section 5309(a)(7)(B), or section 5309(l)(1)(B)(ii) of title 49, United States Code, at the request of a project sponsor, the Secretary shall use such sums as may be necessary to provide an additional 30 percent of total project costs for any project under— 5309(d) of title 49, United States Code, that has been approved for advancement into the engineering phase; 5309(e) of title 49, United States Code, that has entered into the project development phase or approved for advancement into the engineering phase; subsection
(d)or
(e)of section 5309 of title 49, United States Code, that has a full funding grant agreement entered into under either such subsection after January 1, 2017; and section 5309(h) of title 49, United States Code, that the Federal Transit Administration has a small starts grant award or agreement entered into after January, 1, 2017, or that has been recommended by the Administration for an allocation of capital investment funds that were appropriated in fiscal year 2018, 2019, or 2020. From amounts made available under subsection (a)(2)(B), the Secretary shall use such sums as may be necessary for projects under section 5309 of title 49, United States Code, that— are not eligible for funds made available under paragraph (1); and have remaining scheduled Federal funds to be appropriated under a full funding grant agreement under such section. The Secretary shall allow a project sponsor to defer payment of the local share for any project described in paragraphs
(1)and (2). In this subsection, the term total project cost means the most recent total project cost stipulated in— the full funding grant agreement; the approval into project engineering; the project rating for a project not yet approved into project engineering; the small starts grant or grant agreement; or the project rating for a small starts project that has not yet been awarded a grant or grant agreement. The Federal share of the costs of a project under this subsection may not exceed 80 percent. For purposes of paragraph (1), the Secretary shall apply section 7001(b) of this Act when providing the additional 30 percent of total project costs to any project that meets the criteria in such section. Notwithstanding chapter 53 of title 49, United States Code, or any other provision of this division, the Federal share associated with funds described in paragraph
(2)that are obligated during fiscal year 2021 may be up to 100 percent. The funds described in this paragraph are funds made available for the implementation of transit programs authorized by chapter 53 of title 49, United States Code, the FAST Act ( Public Law 114–94 ), or this division, excluding funds made available to projects under section 5309 of title 49, United States Code. No funds authorized in this division or any other Act may be used to adjust Mass Transit Account apportionments or withhold funds from Mass Transit Account apportionments pursuant to section 9503(e)(4) of the Internal Revenue Code of 1986 in fiscal year 2021.
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