Sec. 3011. GENERAL PROVISIONS

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## SEC. 3011 GENERAL PROVISIONS Section 5323 of title 49, United States Code, is amended— ####

(1)in subsection (h)— #####

(A)in paragraph (1), by striking “or” at the end; #####

(B)by redesignating paragraph

(2)as paragraph (3); and #####

(C)by inserting after paragraph

(1)the following: > > #### “(2) > > pay incremental costs of incorporating art or non-functional landscaping into facilities, including the costs of an artist on the design team; or” > ; ####

(2)in subsection (j)— #####

(A)in paragraph (2), by striking subparagraph

(C)and inserting the following: > > ##### “(C) > > when procuring rolling stock (including train control, communication, traction power equipment, and rolling stock prototypes) under this chapter— > > > ###### “(i) > > the cost of components and subcomponents produced in the United States— > > > ###### “(I) > > for fiscal years 2016 and 2017, is more than 60 percent of the cost of all components of the rolling stock; > > > ###### “(II) > > for fiscal years 2018 and 2019, is more than 65 percent of the cost of all components of the rolling stock; and > > > ###### “(III) > > for fiscal year 2020 and each fiscal year thereafter, is more than 70 percent of the cost of all components of the rolling stock; and > > > ###### “(ii) > > final assembly of the rolling stock has occurred in the United States; or” > ; #####

(B)by redesignating paragraphs

(5)through

(9)as paragraphs

(7)through (11), respectively; #####

(C)by inserting after paragraph

(4)the following: > > #### “(5) Rolling stock frames or car shells > > In carrying out paragraph (2)(C) in the case of a rolling stock procurement 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 produced in the United States, the Secretary shall include in the calculation of the domestic content of the rolling stock the cost of steel or iron that is produced in the United States and used in the rolling stock frames or car shells. > > > #### “(6) Certification of domestic supply and disclosure > > > ##### “(A) Certification of domestic supply > > If the Secretary denies an application for a waiver under paragraph (2), the Secretary shall provide to the applicant a written certification that— > > > ###### “(i) > > the steel, iron, or manufactured goods, as applicable, (referred to in this subparagraph as the ‘item’) is produced in the United States in a sufficient and reasonably available amount; > > > ###### “(ii) > > the item produced in the United States is of a satisfactory quality; and > > > ###### “(iii) > > includes a list of known manufacturers in the United States from which the item can be obtained. > > > ##### “(B) Disclosure > > The Secretary shall disclose the waiver denial and the written certification to the public in an easily identifiable location on the website of the Department of Transportation.” > ; #####

(D)in paragraph (8), as so redesignated, by striking “Federal Public Transportation Act of 2012” and inserting “Federal Public Transportation Act of 2015”; and #####

(E)by inserting after paragraph (11), as so redesignated, the following: > > #### “(12) Steel and iron > > For purposes of this subsection, 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. > > > #### “(13) Definition of small purchase > > For purposes of determining whether a purchase qualifies for a general public interest waiver under paragraph (2)(A) of this subsection, including under any regulation promulgated under that paragraph, the term ‘small purchase’ means a purchase of not more than $150,000.” > ; ####

(3)in subsection (q)(1), by striking the second sentence; and ####

(4)by adding at the end the following: > > ### “(s) Value Capture Revenue Eligible for Local Share > > Notwithstanding any other provision of law, a recipient of assistance under this chapter may use the revenue generated from value capture financing mechanisms as local matching funds for capital projects and operating costs eligible under this chapter. > > > ### “(t) Special Condition on Charter Bus Transportation Service > > If, in a fiscal year, the Secretary is prohibited by law from enforcing regulations related to charter bus service under part 604 of title 49, Code of Federal Regulations, for any transit agency that during fiscal year 2008 was both initially granted a 60-day period to come into compliance with such part 604, and then was subsequently granted an exception from such part— > > > #### “(1) > > the transit agency shall be precluded from receiving its allocation of urbanized area formula grant funds for such fiscal year; and > > > #### “(2) > > any amounts withheld pursuant to paragraph

(1)shall be added to the amount that the Secretary may apportion under section 5336 in the following fiscal year.” > .