Urge Your Members of Congress to Support H.R. 4373, the Bipartisan
COVID Supplemental Appropriations Act, 2022
which includes S. 3011, the Infrastructure Flexibility Act
On April 4, 2022, a key group of Senators reached a bipartisan agreement on H.R. 4373, the Bipartisan COVID Supplemental Appropriations Act, 2022, which provides $10 billion for domestic COVID-19 response programs, including vaccines, therapeutics, and testing capacity. The bill includes $10 billion of COVID-19 rescissions to offset the costs of these initiatives. However, it does not include any rescissions to public transit COVID-19 emergency funding. We expect the Senate to consider the bill after it returns from its April District Work Period on April 25.
Importantly, the bill includes S. 3011, the Bipartisan State, Local, Tribal, and Territorial Fiscal Recovery, Infrastructure, and Disaster Relief Flexibility Act (Infrastructure Flexibility Act). See § 1209 of H.R. 4373. S. 3011 authorizes states and local governments to use up to $123 billion of Fiscal Recovery Funds provided by the American Rescue Plan Act of 2021 (ARP) for transportation infrastructure investments, including public transportation. S. 3011 also allows states and local governments to use these funds as non-federal match on Capital Investment Grant (CIG), Mega, and Transportation Infrastructure Financing and Innovation Act (TIFIA) projects. In 2021, the Senate passed S. 3011 by Unanimous Consent. The House companion bill (H.R. 5735) has 154 cosponsors.
We strongly encourage you to contact your Members of Congress and urge them to pass H.R. 4373, the Bipartisan COVID Supplemental Appropriations Act, 2022.
To view a summary of H.R. 4373, please click here.
To view the bipartisan amendment to H.R. 4373, please click here.
CALL TO ACTION
Please contact your Senators and Representatives and urge them to pass
Please click here to view APTA’s Talking Points.
To contact your Member of Congress, please call 202.224.3121.
S. 3011, the Infrastructure Flexibility Act
The ARP provides $350 billion of COVID-19 emergency funding to states and local governments, including $195 billion to states, $130 billion to local governments, and $25 billion to tribal and territorial governments. Although the Fiscal Recovery Funds are available for water, sewer, and broadband infrastructure, transportation infrastructure investment is not eligible under the current program.
Under the bill, incorporated as § 1209 of H.R. 4373, eligible projects include Urbanized Area Formula, Rural Area Formula, CIG, State of Good Repair, and Bus and Bus Facilities projects. Eligible projects also include Surface Transportation Block Grant (STBG), Congestion Mitigation and Air Quality Improvement (CMAQ), Rebuilding American Infrastructure with Sustainability and Equity (RAISE), and Mega grant projects and projects eligible for TIFIA credit assistance.
S. 3011 also allows states and local governments to use these funds as non-federal match on CIG, Mega, and TIFIA projects.
State and local governments may spend up to 30 percent of their allocations for these new purposes, or $10 million, whichever is greater.
Funds used for infrastructure investments are available for obligation through December 31, 2024, and must be expended by September 30, 2026.
FTA Announces $20 Billion in Public Transit Investment—
a 58 Percent Increase
On April 6, the Federal Transit Administration (FTA) announced more than $20 billion in public transit investment for FY 2022, which is a 58 percent increase from last year’s funding. The funding levels and apportionments for each of 30 programs are outlined in the accompanying FTA apportionment tables.
To view FTA’s funding apportionment tables, please click here.
DOT Publishes Schedule of
Upcoming 2022 Notices of Funding Opportunity
Following through on APTA’s request, the U.S. Department of Transportation (DOT) has published a list of anticipated dates for Notices of Funding Opportunity (NOFOs) for key programs in the Bipartisan Infrastructure Law. The DOT Schedule of Upcoming 2022 NOFOs is not a comprehensive list and will be updated periodically throughout the year. With regard to public transportation, the list includes:
Additional information and resources can be found on APTA’s Smart Guide to the Bipartisan Infrastructure Law. The Smart Guide includes APTA’s funding and formula apportionment tables, presentations, and detailed section-by-section analyses of the public transit, passenger rail, Buy America, and other important titles of the IIJA. It also includes DOT formula apportionments, NOFOs, guidance, memoranda, and regulations.