Pub. L. 105-178, tit. III, sec. 3037
JOB ACCESS AND REVERSE COMMUTE GRANTS.
SEC. 3037. JOB ACCESS AND REVERSE COMMUTE GRANTS. (a) Findings.— Congress finds that— (1) two-thirds of all new jobs are in the suburbs, whereas three-quarters of welfare recipients live in rural areas or central cities; (2) even in metropolitan areas with excellent public transit systems, less than half of the jobs are accessible by transit; (3) in 1991, the median price of a new car was equivalent to 25 weeks of salary for the average worker, and considerably more for the low-income worker; (4) not less than 9,000,000 households and 10,000,000 Americans of driving age, most of whom are low-income workers, do not own cars; (5) 94 percent of welfare recipients do not own cars; (6) nearly 40 percent of workers with annual incomes below $10,000 do not commute by car; (7) many of the 2,000,000 Americans who will have their Temporary Assistance to Needy Families grants (under the State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.)) terminated by the year 2002 will be unable to get to jobs they could otherwise hold; (8) increasing the transit options for low-income workers, especially those who are receiving or who have recently received 112 STAT. 388welfare benefits, will increase the likelihood of those workers getting and keeping jobs; and (9) many residents of cities and rural areas would like to take advantage of mass transit to gain access to suburban employment opportunities. (b) Definitions.— In this section, the following definitions shall apply: (1) Eligible low-income individual.— The term “eligible low-income individual” means an individual whose family income is at or below 150 percent of the poverty line (as that term is defined in section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)), including any revision required by that section) for a family of the size involved. (2) Eligible project and related terms.— (A) In general.— The term “eligible project” means an access to jobs project or a reverse commute project. (B) Access to jobs project.— The term “access to jobs project” means a project relating to the development of transportation services designed to transport welfare recipients and eligible low-income individuals to and from jobs and activities related to their employment. The Secretary may make access to jobs grants for— (i) capital projects and to finance operating costs of equipment, facilities, and associated capital maintenance items related to providing access to jobs under this section; (ii) promoting the use of transit by workers with nontraditional work schedules; (iii) promoting the use by appropriate agencies of transit vouchers for welfare recipients and eligible low-income individuals under specific terms and conditions developed by the Secretary; and (iv) promoting the use of employer-provided transportation, including the transit pass benefit program under section 132 of the Internal Revenue Code of 1986. (C) Reverse commute project.— The term “reverse commute project” means a project related to the development of transportation services designed to transport residents of urban areas, urbanized areas, and areas other than urbanized areas to suburban employment opportunities, including any project to— (i) subsidize the costs associated with adding reverse commute bus, train, carpool, van routes, or service from urban areas, urbanized areas, and areas other than urbanized areas, to suburban workplaces; (ii) subsidize the purchase or lease by a nonprofit organization or public agency of a van or bus dedicated to shuttling employees from their residences to a suburban workplace; or (iii) otherwise facilitate the provision of mass transportation services to suburban employment opportunities. (3) Existing transportation service providers.— The term “existing transportation service providers” means mass 112 STAT. 389transportation operators and governmental agencies and nonprofit organizations that receive assistance from Federal, State, or local sources for nonemergency transportation services. (4) Qualified entity.— The term “qualified entity” means— (A) with respect to any proposed eligible project in an urbanized area with a population of at least 200,000, the applicant or applicants selected by the appropriate metropolitan planning organization that meets the requirements of this section, including the planning and coordination requirements in subsection (i), from among local governmental authorities and agencies and nonprofit organizations; and (B) with respect to any proposed eligible project in an urbanized area with a population of at least 200,000, or an area other than an urbanized area, the applicant or applicants selected by the chief executive officer of the State in which the area is located that meets the requirements of this section, including the planning and coordination requirements in subsection (i), from among local governmental authorities and nonprofit organizations. (5) Welfare recipient.— The term “welfare recipient” means an individual who receives or received aid or assistance under a State program funded under part A of title IV of the Social Security Act (whether in effect before or after the effective date of the amendments made by title I of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104–193; 110 Stat. 2110)) at any time during the 3-year period before the date on which the applicant applies for a grant under this section. (c) General Authority.— (1) In general.— The Secretary may make access to jobs grants and reverse commute grants under this section to assist qualified entities in financing eligible projects. (2) Coordination.— The Secretary shall coordinate activities under this section with related activities under programs of other Federal departments and agencies. (d) Applications.— Each qualified entity seeking to receive a grant under this section for an eligible project shall submit to the Secretary an application in such form and in accordance with such requirements as the Secretary shall establish. (e) Prohibition.— Grants awarded under this section may not be used for planning or coordination activities. (f) Factors for Consideration.— In awarding grants under this section to applicants under subsection (d), the Secretary shall consider— (1) the percentage of the population in the area to be served by the applicant that are welfare recipients; (2) in the case of an applicant seeking assistance to finance an access to jobs project, the need for additional services in the area to be served by the applicant (including bicycling) to transport welfare recipients and eligible low-income individuals to and from specified jobs, training, and other employment support services, and the extent to which the proposed services will address those needs; (3) the extent to which the applicant demonstrates— 112 STAT. 390 (A) coordination with, and the financial commitment of, existing transportation service providers; and (B) coordination with the State agency that administers the State program funded under part A of title IV of the Social Security Act; (4) the extent to which the applicant demonstrates maximum utilization of existing transportation service providers and expands transit networks or hours of service, or both; (5) the extent to which the applicant demonstrates an innovative approach that is responsive to identified service needs; (6) the extent to which the applicant— (A) in the case of an applicant seeking assistance to finance an access to jobs project, presents a regional transportation plan for addressing the transportation needs of welfare recipients and eligible low-income individuals; and (B) identifies long-term financing strategies to support the services under this section; (7) the extent to which the applicant demonstrates that the community to be served has been consulted in the planning process; and (8) in the case of an applicant seeking assistance to finance a reverse commute project, the need for additional services identified in a regional transportation plan to transport individuals to suburban employment opportunities, and the extent to which the proposed services will address those needs. (g) Competitive Grant Selection.— The Secretary shall conduct a national solicitation for applications for grants under this section. Grantees shall be selected on a competitive basis. (h) Cost Sharing.— (1) Maximum amount.— The amount of a grant under this section may not exceed 50 percent of the total project cost. (2) Nongovernmental share.— (A) In general.— The portion of the total cost of an eligible project that is not funded under this section— (i) shall be provided in cash from sources other than revenues from providing mass transportation, but may include amounts received under a service agreement; and (ii) may be derived from amounts appropriated to or made available to a department or agency of the Federal Government (other than the Department of Transportation) that are eligible to be expended for transportation. (B) Inapplicability.— For purposes of subparagraph (A)(ii), the prohibitions on the use of funds for matching requirements under section 403(a)(5)(C)(ii) of the Social Security Act shall not apply to Federal or State funds to be used for transportation services. (i) Planning Requirements.— (1) In general.— The requirements of sections 5303 through 5306 of title 49, United States Code, apply to any grant made under this section. (2) Coordination.— Each application for a grant under this section shall reflect coordination with and the approval of affected transit grant recipients. The eligible access to jobs 112 STAT. 391projects financed under this section shall be part of a coordinated public transit-human services transportation planning process. (j) Grant Requirements.— A grant under this section shall be subject to— (1) all of the terms and conditions to which a grant made under section 5307 of title 49, United States Code, is subject; and (2) such other terms and conditions as are determined by the Secretary. (k) Program Evaluation.— (1) Comptroller general.— Beginning 6 months after the date of enactment of this Act, and every 6 months thereafter, the Comptroller General of the United States shall— (A) conduct a study to evaluate the grant program authorized under this section; and (B) submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report describing the results of each study under subparagraph (A). (2) Department of transportation.— Not later than 2 years after the date of enactment of this Act, the Secretary shall— (A) conduct a study to evaluate the access to jobs grant program authorized under this section; and (B) submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report describing the results of the study under subparagraph (A). (l) Authorization and Allocation.— (1) In general.— (A) From the trust fund.— There shall be available from the Mass Transit Account of the Highway Trust Fund to carry out this section— (i) $40,000,000 for fiscal year 1999; (ii) $60,000,000 for fiscal year 2000; (iii) $80,000,000 for fiscal year 2001; (iv) $100,000,000 for fiscal year 2002; and (v) $120,000,000 for fiscal year 2003.; (B) From the general fund.— In addition to amounts made available under subparagraph (A), there are authorized to be appropriated to carry out this section— (i) $10,000,000 for fiscal year 1999; (ii) $15,000,000 for fiscal year 2000; (iii) $20,000,000 for fiscal year 2001; (iv) $25,000,000 for fiscal year 2002; and (v) $30,000,000 for fiscal year 2003. (C) Additional amounts from the general fund.— In addition to amounts made available under subparagraphs (A) and (B), there are authorized to be appropriated to carry out this section— (i) $100,000,000 for fiscal year 1999; (ii) $75,000,000 for fiscal year 2000; (iii) $50,000,000 for fiscal year 2001; and (iv) $25,000,000 for fiscal year 2002. 112 STAT. 392 (2) Set-aside for reverse commute projects.— Of amounts made available by or appropriated under subparagraphs (A) and (B) of paragraph (1) to carry out this section in each fiscal year, not more than $10,000,000 shall be used for grants for reverse commute projects. (3) Allocation.— The amounts made available by or appropriated under paragraph (1) to carry out this section in each fiscal year shall be allocated as follows: (A) 60 percent shall be allocated for eligible projects in urbanized areas with populations of at least 200,000. (B) 20 percent shall be allocated for eligible projects in urbanized areas with populations of at least 200,000. (C) 20 percent shall be allocated for eligible projects in areas other than urbanized areas.