Pub. L. 117-328, div. L, tit. I, sec. 165

Sec. 165. For an additional amount for “Department of Transportation—Federal Transit Administration—Capital Investment Grants”, $425,000,000, to remain available until expended, for allocation to recipients with existing full funding grant agreements under sections 5309(d) and 5309(e) of title 49, United States Code: Provided, That allocations shall be made only to recipients—(1) that have received allocations for fiscal year 2022 or that have expended 100 percent of the funds allocated under section 3401(b)(4) of the American Rescue Plan Act of 2021 (Public Law 117–2); and (2) that have a non-capital investment grant share of at least $800,000,000 and either a capital investment grant share of 40 percent or less or signed a full funding grant agreement between January 20, 2017 and January 20, 2021; and (3) that have expended at least 75 percent of the allocations received under paragraph (4) of section 3401(b) of the American Rescue Plan Act of 2021 (Public Law 117–2) or expended at least 50 percent of the Federal operating assistance allocations received under section 5307 of title 49, United States Code, in the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116–136), the Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (division M of Public Law 116–260), or the American Rescue Plan Act of 2021 (Public Law 117–2): Provided further, That recipients with projects open for revenue service shall not be eligible to receive an allocation of funding under this section: Provided further, That amounts shall be provided to recipients proportionally based on the non-capital investment grant share of the project: Provided further, That no project may receive an allocation of more than 15 percent of the total amount in this section: Provided further, That the Secretary shall proportionally distribute funds in excess of such 15 percent to recipients for which the percent of funds does not exceed 15 percent: Provided further, That amounts allocated pursuant to this section shall be provided to eligible recipients notwithstanding the limitation of any calculation of the maximum amount of Federal financial assistance for the project under section 5309(k)(2)(C)(ii) of title 49, United States Code: Provided further, That the Federal Transit Administration shall allocate amounts under this section no later than 30 days after the date of enactment of this Act.