[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3684 Enrolled Bill (ENR)]
H.R.3684
One Hundred Seventeenth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Sunday,
the third day of January, two thousand and twenty-one
An Act
To authorize funds for Federal-aid highways, highway safety programs,
and transit programs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Infrastructure
Investment and Jobs Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. References.
DIVISION A--SURFACE TRANSPORTATION
Sec. 10001. Short title.
Sec. 10002. Definitions.
Sec. 10003. Effective date.
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A--Authorizations and Programs
Sec. 11101. Authorization of appropriations.
Sec. 11102. Obligation ceiling.
Sec. 11103. Definitions.
Sec. 11104. Apportionment.
Sec. 11105. National highway performance program.
Sec. 11106. Emergency relief.
Sec. 11107. Federal share payable.
Sec. 11108. Railway-highway grade crossings.
Sec. 11109. Surface transportation block grant program.
Sec. 11110. Nationally significant freight and highway projects.
Sec. 11111. Highway safety improvement program.
Sec. 11112. Federal lands transportation program.
Sec. 11113. Federal lands access program.
Sec. 11114. National highway freight program.
Sec. 11115. Congestion mitigation and air quality improvement program.
Sec. 11116. Alaska Highway.
Sec. 11117. Toll roads, bridges, tunnels, and ferries.
Sec. 11118. Bridge investment program.
Sec. 11119. Safe routes to school.
Sec. 11120. Highway use tax evasion projects.
Sec. 11121. Construction of ferry boats and ferry terminal facilities.
Sec. 11122. Vulnerable road user research.
Sec. 11123. Wildlife crossing safety.
Sec. 11124. Consolidation of programs.
Sec. 11125. GAO report.
Sec. 11126. Territorial and Puerto Rico highway program.
Sec. 11127. Nationally significant Federal lands and Tribal projects
program.
Sec. 11128. Tribal high priority projects program.
Sec. 11129. Standards.
Sec. 11130. Public transportation.
Sec. 11131. Reservation of certain funds.
Sec. 11132. Rural surface transportation grant program.
Sec. 11133. Bicycle transportation and pedestrian walkways.
Sec. 11134. Recreational trails program.
Sec. 11135. Updates to Manual on Uniform Traffic Control Devices.
Subtitle B--Planning and Performance Management
Sec. 11201. Transportation planning.
Sec. 11202. Fiscal constraint on long-range transportation plans.
Sec. 11203. State human capital plans.
Sec. 11204. Prioritization process pilot program.
Sec. 11205. Travel demand data and modeling.
Sec. 11206. Increasing safe and accessible transportation options.
Subtitle C--Project Delivery and Process Improvement
Sec. 11301. Codification of One Federal Decision.
Sec. 11302. Work zone process reviews.
Sec. 11303. Transportation management plans.
Sec. 11304. Intelligent transportation systems.
Sec. 11305. Alternative contracting methods.
Sec. 11306. Flexibility for projects.
Sec. 11307. Improved Federal-State stewardship and oversight agreements.
Sec. 11308. Geomatic data.
Sec. 11309. Evaluation of projects within an operational right-of-way.
Sec. 11310. Preliminary engineering.
Sec. 11311. Efficient implementation of NEPA for Federal land management
projects.
Sec. 11312. National Environmental Policy Act of 1969 reporting program.
Sec. 11313. Surface transportation project delivery program written
agreements.
Sec. 11314. State assumption of responsibility for categorical
exclusions.
Sec. 11315. Early utility relocation prior to transportation project
environmental review.
Sec. 11316. Streamlining of section 4(f) reviews.
Sec. 11317. Categorical exclusion for projects of limited Federal
assistance.
Sec. 11318. Certain gathering lines located on Federal land and Indian
land.
Sec. 11319. Annual report.
Subtitle D--Climate Change
Sec. 11401. Grants for charging and fueling infrastructure.
Sec. 11402. Reduction of truck emissions at port facilities.
Sec. 11403. Carbon reduction program.
Sec. 11404. Congestion relief program.
Sec. 11405. Promoting Resilient Operations for Transformative,
Efficient, and Cost-saving Transportation (PROTECT) program.
Sec. 11406. Healthy Streets program.
Subtitle E--Miscellaneous
Sec. 11501. Additional deposits into Highway Trust Fund.
Sec. 11502. Stopping threats on pedestrians.
Sec. 11503. Transfer and sale of toll credits.
Sec. 11504. Study of impacts on roads from self-driving vehicles.
Sec. 11505. Disaster relief mobilization study.
Sec. 11506. Appalachian Regional Commission.
Sec. 11507. Denali Commission.
Sec. 11508. Requirements for transportation projects carried out through
public-private partnerships.
Sec. 11509. Reconnecting communities pilot program.
Sec. 11510. Cybersecurity tool; cyber coordinator.
Sec. 11511. Report on emerging alternative fuel vehicles and
infrastructure.
Sec. 11512. Nonhighway recreational fuel study.
Sec. 11513. Buy America.
Sec. 11514. High priority corridors on the National Highway System.
Sec. 11515. Interstate weight limits.
Sec. 11516. Report on air quality improvements.
Sec. 11517. Roadside highway safety hardware.
Sec. 11518. Permeable pavements study.
Sec. 11519. Emergency relief projects.
Sec. 11520. Study on stormwater best management practices.
Sec. 11521. Stormwater best management practices reports.
Sec. 11522. Invasive plant elimination program.
Sec. 11523. Over-the-road bus tolling equity.
Sec. 11524. Bridge terminology.
Sec. 11525. Technical corrections.
Sec. 11526. Working group on covered resources.
Sec. 11527. Blood transport vehicles.
Sec. 11528. Pollinator-friendly practices on roadsides and highway
rights-of-way.
Sec. 11529. Active transportation infrastructure investment program.
Sec. 11530. Highway cost allocation study.
TITLE II--TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION
Sec. 12001. Transportation Infrastructure Finance and Innovation Act of
1998 amendments.
Sec. 12002. Federal requirements for TIFIA eligibility and project
selection.
TITLE III--RESEARCH, TECHNOLOGY, AND EDUCATION
Sec. 13001. Strategic innovation for revenue collection.
Sec. 13002. National motor vehicle per-mile user fee pilot.
Sec. 13003. Performance management data support program.
Sec. 13004. Data integration pilot program.
Sec. 13005. Emerging technology research pilot program.
Sec. 13006. Research and technology development and deployment.
Sec. 13007. Workforce development, training, and education.
Sec. 13008. Wildlife-vehicle collision research.
Sec. 13009. Transportation Resilience and Adaptation Centers of
Excellence.
Sec. 13010. Transportation access pilot program.
TITLE IV--INDIAN AFFAIRS
Sec. 14001. Definition of Secretary.
Sec. 14002. Environmental reviews for certain tribal transportation
facilities.
Sec. 14003. Programmatic agreements for tribal categorical exclusions.
Sec. 14004. Use of certain tribal transportation funds.
Sec. 14005. Bureau of Indian Affairs road maintenance program.
Sec. 14006. Study of road maintenance on Indian land.
Sec. 14007. Maintenance of certain Indian reservation roads.
Sec. 14008. Tribal transportation safety needs.
Sec. 14009. Office of Tribal Government Affairs.
DIVISION B--SURFACE TRANSPORTATION INVESTMENT ACT OF 2021
Sec. 20001. Short title.
Sec. 20002. Definitions.
TITLE I--MULTIMODAL AND FREIGHT TRANSPORTATION
Subtitle A--Multimodal Freight Policy
Sec. 21101. Office of Multimodal Freight Infrastructure and Policy.
Sec. 21102. Updates to National Freight Plan.
Sec. 21103. State collaboration with National Multimodal Freight
Network.
Sec. 21104. Improving State freight plans.
Sec. 21105. Implementation of National Multimodal Freight Network.
Sec. 21106. Multi-State freight corridor planning.
Sec. 21107. State freight advisory committees.
Subtitle B--Multimodal Investment
Sec. 21201. National infrastructure project assistance.
Sec. 21202. Local and regional project assistance.
Sec. 21203. National culvert removal, replacement, and restoration grant
program.
Sec. 21204. National multimodal cooperative freight research program.
Sec. 21205. Rural and Tribal infrastructure advancement.
Subtitle C--Railroad Rehabilitation and Improvement Financing Reforms
Sec. 21301. RRIF codification and reforms.
Sec. 21302. Substantive criteria and standards.
Sec. 21303. Semiannual report on transit-oriented development
eligibility.
TITLE II--RAIL
Sec. 22001. Short title.
Subtitle A--Authorization of Appropriations
Sec. 22101. Grants to Amtrak.
Sec. 22102. Federal Railroad Administration.
Sec. 22103. Consolidated rail infrastructure and safety improvements
grants.
Sec. 22104. Railroad crossing elimination program.
Sec. 22105. Restoration and enhancement grants.
Sec. 22106. Federal-State partnership for intercity passenger rail
grants.
Sec. 22107. Amtrak Office of Inspector General.
Subtitle B--Amtrak Reforms
Sec. 22201. Amtrak findings, mission, and goals.
Sec. 22202. Composition of Amtrak's Board of Directors.
Sec. 22203. Station agents.
Sec. 22204. Increasing oversight of changes to Amtrak long-distance
routes and other intercity services.
Sec. 22205. Improved oversight of Amtrak accounting.
Sec. 22206. Improved oversight of Amtrak spending.
Sec. 22207. Increasing service line and asset line plan transparency.
Sec. 22208. Passenger experience enhancement.
Sec. 22209. Amtrak smoking policy.
Sec. 22210. Protecting Amtrak routes through rural communities.
Sec. 22211. State-Supported Route Committee.
Sec. 22212. Enhancing cross border service.
Sec. 22213. Creating quality jobs.
Sec. 22214. Amtrak daily long-distance service study.
Subtitle C--Intercity Passenger Rail Policy
Sec. 22301. Northeast Corridor planning.
Sec. 22302. Northeast Corridor Commission.
Sec. 22303. Consolidated rail infrastructure and safety improvements.
Sec. 22304. Restoration and enhancement grants.
Sec. 22305. Railroad crossing elimination program.
Sec. 22306. Interstate rail compacts.
Sec. 22307. Federal-State partnership for intercity passenger rail
grants.
Sec. 22308. Corridor identification and development program.
Sec. 22309. Surface Transportation Board passenger rail program.
Subtitle D--Rail Safety
Sec. 22401. Railway-highway crossings program evaluation.
Sec. 22402. Grade crossing accident prediction model.
Sec. 22403. Periodic updates to highway-rail crossing reports and plans.
Sec. 22404. Blocked crossing portal.
Sec. 22405. Data accessibility.
Sec. 22406. Emergency lighting.
Sec. 22407. Comprehensive rail safety review of Amtrak.
Sec. 22408. Completion of hours of service and fatigue studies.
Sec. 22409. Positive train control study.
Sec. 22410. Operating crew member training, qualification, and
certification.
Sec. 22411. Transparency and safety.
Sec. 22412. Research and development.
Sec. 22413. Rail research and development center of excellence.
Sec. 22414. Quarterly report on positive train control system
performance.
Sec. 22415. Speed limit action plans.
Sec. 22416. New passenger service pre-revenue safety validation plan.
Sec. 22417. Federal Railroad Administration accident and incident
investigations.
Sec. 22418. Civil penalty enforcement authority.
Sec. 22419. Advancing safety and innovative technology.
Sec. 22420. Passenger rail vehicle occupant protection systems.
Sec. 22421. Federal Railroad Administration reporting requirements.
Sec. 22422. National Academies study on trains longer than 7,500 feet.
Sec. 22423. High-speed train noise emissions.
Sec. 22424. Critical incident stress plans.
Sec. 22425. Requirements for railroad freight cars placed into service
in the United States.
Sec. 22426. Railroad point of contact for public safety issues.
Sec. 22427. Controlled substances testing for mechanical employees.
TITLE III--MOTOR CARRIER SAFETY
Sec. 23001. Authorization of appropriations.
Sec. 23002. Motor carrier safety advisory committee.
Sec. 23003. Combating human trafficking.
Sec. 23004. Immobilization grant program.
Sec. 23005. Commercial motor vehicle enforcement training and support.
Sec. 23006. Study of commercial motor vehicle crash causation.
Sec. 23007. Promoting women in the trucking workforce.
Sec. 23008. State inspection of passenger-carrying commercial motor
vehicles.
Sec. 23009. Truck Leasing Task Force.
Sec. 23010. Automatic emergency braking.
Sec. 23011. Underride protection.
Sec. 23012. Providers of recreational activities.
Sec. 23013. Amendments to regulations relating to transportation of
household goods in interstate commerce.
Sec. 23014. Improving Federal-State motor carrier safety enforcement
coordination.
Sec. 23015. Limousine research.
Sec. 23016. National Consumer Complaint Database.
Sec. 23017. Electronic logging device oversight.
Sec. 23018. Transportation of agricultural commodities and farm
supplies.
Sec. 23019. Modification of restrictions on certain commercial driver's
licenses.
Sec. 23020. Report on human trafficking violations involving commercial
motor vehicles.
Sec. 23021. Broker guidance relating to Federal motor carrier safety
regulations.
Sec. 23022. Apprenticeship pilot program.
Sec. 23023. Limousine compliance with Federal safety standards.
TITLE IV--HIGHWAY AND MOTOR VEHICLE SAFETY
Subtitle A--Highway Traffic Safety
Sec. 24101. Authorization of appropriations.
Sec. 24102. Highway safety programs.
Sec. 24103. Highway safety research and development.
Sec. 24104. High-visibility enforcement programs.
Sec. 24105. National priority safety programs.
Sec. 24106. Multiple substance-impaired driving prevention.
Sec. 24107. Minimum penalties for repeat offenders for driving while
intoxicated or driving under the influence.
Sec. 24108. Crash data.
Sec. 24109. Review of Move Over or Slow Down Law public awareness.
Sec. 24110. Review of laws, safety measures, and technologies relating
to school buses.
Sec. 24111. Motorcyclist Advisory Council.
Sec. 24112. Safe Streets and Roads for All grant program.
Sec. 24113. Implementation of GAO recommendations.
Subtitle B--Vehicle Safety
Sec. 24201. Authorization of appropriations.
Sec. 24202. Recall completion.
Sec. 24203. Recall engagement.
Sec. 24204. Motor vehicle seat back safety standards.
Sec. 24205. Automatic shutoff.
Sec. 24206. Petitions by interested persons for standards and
enforcement.
Sec. 24207. Child safety seat accessibility study.
Sec. 24208. Crash avoidance technology.
Sec. 24209. Reduction of driver distraction.
Sec. 24210. Rulemaking report.
Sec. 24211. Global harmonization.
Sec. 24212. Headlamps.
Sec. 24213. New Car Assessment Program.
Sec. 24214. Hood and bumper standards.
Sec. 24215. Emergency medical services and 9-1-1.
Sec. 24216. Early warning reporting.
Sec. 24217. Improved vehicle safety databases.
Sec. 24218. National Driver Register Advisory Committee repeal.
Sec. 24219. Research on connected vehicle technology.
Sec. 24220. Advanced impaired driving technology.
Sec. 24221. GAO report on crash dummies.
Sec. 24222. Child safety.
TITLE V--RESEARCH AND INNOVATION
Sec. 25001. Intelligent Transportation Systems Program Advisory
Committee.
Sec. 25002. Smart Community Resource Center.
Sec. 25003. Federal support for local decisionmaking.
Sec. 25004. Bureau of Transportation Statistics.
Sec. 25005. Strengthening mobility and revolutionizing transportation
grant program.
Sec. 25006. Electric vehicle working group.
Sec. 25007. Risk and system resilience.
Sec. 25008. Coordination on emerging transportation technology.
Sec. 25009. Interagency Infrastructure Permitting Improvement Center.
Sec. 25010. Rural opportunities to use transportation for economic
success initiative.
Sec. 25011. Safety data initiative.
Sec. 25012. Advanced transportation research.
Sec. 25013. Open research initiative.
Sec. 25014. Transportation research and development 5-year strategic
plan.
Sec. 25015. Research planning modifications.
Sec. 25016. Incorporation of Department of Transportation research.
Sec. 25017. University transportation centers program.
Sec. 25018. National travel and tourism infrastructure strategic plan.
Sec. 25019. Local hiring preference for construction jobs.
Sec. 25020. Transportation workforce development.
Sec. 25021. Intermodal Transportation Advisory Board repeal.
Sec. 25022. GAO cybersecurity recommendations.
Sec. 25023. Volpe oversight.
Sec. 25024. Modifications to grant program.
Sec. 25025. Drug-impaired driving data collection.
Sec. 25026. Report on marijuana research.
Sec. 25027. GAO study on improving the efficiency of traffic systems.
TITLE VI--HAZARDOUS MATERIALS
Sec. 26001. Authorization of appropriations.
Sec. 26002. Assistance for local emergency response training grant
program.
Sec. 26003. Real-time emergency response information.
TITLE VII--GENERAL PROVISIONS
Sec. 27001. Performance measurement, transparency, and accountability.
Sec. 27002. Coordination regarding forced labor.
Sec. 27003. Department of Transportation spectrum audit.
Sec. 27004. Study and reports on the travel and tourism activities of
the Department.
TITLE VIII--SPORT FISH RESTORATION AND RECREATIONAL BOATING SAFETY
Sec. 28001. Sport fish restoration and recreational boating safety.
DIVISION C--TRANSIT
Sec. 30001. Definitions.
Sec. 30002. Metropolitan transportation planning.
Sec. 30003. Statewide and nonmetropolitan transportation planning.
Sec. 30004. Planning programs.
Sec. 30005. Fixed guideway capital investment grants.
Sec. 30006. Formula grants for rural areas.
Sec. 30007. Public transportation innovation.
Sec. 30008. Bus testing facilities.
Sec. 30009. Transit-oriented development.
Sec. 30010. General provisions.
Sec. 30011. Public transportation emergency relief program.
Sec. 30012. Public transportation safety program.
Sec. 30013. Administrative provisions.
Sec. 30014. National transit database.
Sec. 30015. Apportionment of appropriations for formula grants.
Sec. 30016. State of good repair grants.
Sec. 30017. Authorizations.
Sec. 30018. Grants for buses and bus facilities.
Sec. 30019. Washington Metropolitan Area Transit Authority safety,
accountability, and investment.
DIVISION D--ENERGY
Sec. 40001. Definitions.
TITLE I--GRID INFRASTRUCTURE AND RESILIENCY
Subtitle A--Grid Infrastructure Resilience and Reliability
Sec. 40101. Preventing outages and enhancing the resilience of the
electric grid.
Sec. 40102. Hazard mitigation using disaster assistance.
Sec. 40103. Electric grid reliability and resilience research,
development, and demonstration.
Sec. 40104. Utility demand response.
Sec. 40105. Siting of interstate electric transmission facilities.
Sec. 40106. Transmission facilitation program.
Sec. 40107. Deployment of technologies to enhance grid flexibility.
Sec. 40108. State energy security plans.
Sec. 40109. State energy program.
Sec. 40110. Power marketing administration transmission borrowing
authority.
Sec. 40111. Study of codes and standards for use of energy storage
systems across sectors.
Sec. 40112. Demonstration of electric vehicle battery second-life
applications for grid services.
Sec. 40113. Columbia Basin power management.
Subtitle B--Cybersecurity
Sec. 40121. Enhancing grid security through public-private partnerships.
Sec. 40122. Energy Cyber Sense program.
Sec. 40123. Incentives for advanced cybersecurity technology investment.
Sec. 40124. Rural and municipal utility advanced cybersecurity grant and
technical assistance program.
Sec. 40125. Enhanced grid security.
Sec. 40126. Cybersecurity plan.
Sec. 40127. Savings provision.
TITLE II--SUPPLY CHAINS FOR CLEAN ENERGY TECHNOLOGIES
Sec. 40201. Earth Mapping Resources Initiative.
Sec. 40202. National Cooperative Geologic Mapping Program.
Sec. 40203. National Geological and Geophysical Data Preservation
Program.
Sec. 40204. USGS energy and minerals research facility.
Sec. 40205. Rare earth elements demonstration facility.
Sec. 40206. Critical minerals supply chains and reliability.
Sec. 40207. Battery processing and manufacturing.
Sec. 40208. Electric drive vehicle battery recycling and second-life
applications program.
Sec. 40209. Advanced energy manufacturing and recycling grant program.
Sec. 40210. Critical minerals mining and recycling research.
Sec. 40211. 21st Century Energy Workforce Advisory Board.
TITLE III--FUELS AND TECHNOLOGY INFRASTRUCTURE INVESTMENTS
Subtitle A--Carbon Capture, Utilization, Storage, and Transportation
Infrastructure
Sec. 40301. Findings.
Sec. 40302. Carbon utilization program.
Sec. 40303. Carbon capture technology program.
Sec. 40304. Carbon dioxide transportation infrastructure finance and
innovation.
Sec. 40305. Carbon storage validation and testing.
Sec. 40306. Secure geologic storage permitting.
Sec. 40307. Geologic carbon sequestration on the outer Continental
Shelf.
Sec. 40308. Carbon removal.
Subtitle B--Hydrogen Research and Development
Sec. 40311. Findings; purpose.
Sec. 40312. Definitions.
Sec. 40313. Clean hydrogen research and development program.
Sec. 40314. Additional clean hydrogen programs.
Sec. 40315. Clean hydrogen production qualifications.
Subtitle C--Nuclear Energy Infrastructure
Sec. 40321. Infrastructure planning for micro and small modular nuclear
reactors.
Sec. 40322. Property interests relating to certain projects and
protection of information relating to certain agreements.
Sec. 40323. Civil nuclear credit program.
Subtitle D--Hydropower
Sec. 40331. Hydroelectric production incentives.
Sec. 40332. Hydroelectric efficiency improvement incentives.
Sec. 40333. Maintaining and enhancing hydroelectricity incentives.
Sec. 40334. Pumped storage hydropower wind and solar integration and
system reliability initiative.
Sec. 40335. Authority for pumped storage hydropower development using
multiple Bureau of Reclamation reservoirs.
Sec. 40336. Limitations on issuance of certain leases of power
privilege.
Subtitle E--Miscellaneous
Sec. 40341. Solar energy technologies on current and former mine land.
Sec. 40342. Clean energy demonstration program on current and former
mine land.
Sec. 40343. Leases, easements, and rights-of-way for energy and related
purposes on the outer Continental Shelf.
TITLE IV--ENABLING ENERGY INFRASTRUCTURE INVESTMENT AND DATA COLLECTION
Subtitle A--Department of Energy Loan Program
Sec. 40401. Department of Energy loan programs.
Subtitle B--Energy Information Administration
Sec. 40411. Definitions.
Sec. 40412. Data collection in the electricity sector.
Sec. 40413. Expansion of energy consumption surveys.
Sec. 40414. Data collection on electric vehicle integration with the
electricity grids.
Sec. 40415. Plan for the modeling and forecasting of demand for minerals
used in the energy sector.
Sec. 40416. Expansion of international energy data.
Sec. 40417. Plan for the National Energy Modeling System.
Sec. 40418. Report on costs of carbon abatement in the electricity
sector.
Sec. 40419. Harmonization of efforts and data.
Subtitle C--Miscellaneous
Sec. 40431. Consideration of measures to promote greater electrification
of the transportation sector.
Sec. 40432. Office of public participation.
Sec. 40433. Digital climate solutions report.
Sec. 40434. Study and report by the Secretary of Energy on job loss and
impacts on consumer energy costs due to the revocation of the
permit for the Keystone XL pipeline.
Sec. 40435. Study on impact of electric vehicles.
Sec. 40436. Study on impact of forced labor in China on the electric
vehicle supply chain.
TITLE V--ENERGY EFFICIENCY AND BUILDING INFRASTRUCTURE
Subtitle A--Residential and Commercial Energy Efficiency
Sec. 40501. Definitions.
Sec. 40502. Energy efficiency revolving loan fund capitalization grant
program.
Sec. 40503. Energy auditor training grant program.
Subtitle B--Buildings
Sec. 40511. Cost-effective codes implementation for efficiency and
resilience.
Sec. 40512. Building, training, and assessment centers.
Sec. 40513. Career skills training.
Sec. 40514. Commercial building energy consumption information sharing.
Subtitle C--Industrial Energy Efficiency
PART I--Industry
Sec. 40521. Future of industry program and industrial research and
assessment centers.
Sec. 40522. Sustainable manufacturing initiative.
PART II--Smart Manufacturing
Sec. 40531. Definitions.
Sec. 40532. Leveraging existing agency programs to assist small and
medium manufacturers.
Sec. 40533. Leveraging smart manufacturing infrastructure at National
Laboratories.
Sec. 40534. State manufacturing leadership.
Sec. 40535. Report.
Subtitle D--Schools and Nonprofits
Sec. 40541. Grants for energy efficiency improvements and renewable
energy improvements at public school facilities.
Sec. 40542. Energy efficiency materials pilot program.
Subtitle E--Miscellaneous
Sec. 40551. Weatherization assistance program.
Sec. 40552. Energy Efficiency and Conservation Block Grant Program.
Sec. 40553. Survey, analysis, and report on employment and demographics
in the energy, energy efficiency, and motor vehicle sectors of
the United States.
Sec. 40554. Assisting Federal Facilities with Energy Conservation
Technologies grant program.
Sec. 40555. Rebates.
Sec. 40556. Model guidance for combined heat and power systems and waste
heat to power systems.
TITLE VI--METHANE REDUCTION INFRASTRUCTURE
Sec. 40601. Orphaned well site plugging, remediation, and restoration.
TITLE VII--ABANDONED MINE LAND RECLAMATION
Sec. 40701. Abandoned Mine Reclamation Fund authorization of
appropriations.
Sec. 40702. Abandoned mine reclamation fee.
Sec. 40703. Amounts distributed from Abandoned Mine Reclamation Fund.
Sec. 40704. Abandoned hardrock mine reclamation.
TITLE VIII--NATURAL RESOURCES-RELATED INFRASTRUCTURE, WILDFIRE
MANAGEMENT, AND ECOSYSTEM RESTORATION
Sec. 40801. Forest Service Legacy Road and Trail Remediation Program.
Sec. 40802. Study and report on feasibility of revegetating reclaimed
mine sites.
Sec. 40803. Wildfire risk reduction.
Sec. 40804. Ecosystem restoration.
Sec. 40805. GAO study.
Sec. 40806. Establishment of fuel breaks in forests and other wildland
vegetation.
Sec. 40807. Emergency actions.
Sec. 40808. Joint Chiefs Landscape Restoration Partnership program.
TITLE IX--WESTERN WATER INFRASTRUCTURE
Sec. 40901. Authorizations of appropriations.
Sec. 40902. Water storage, groundwater storage, and conveyance projects.
Sec. 40903. Small water storage and groundwater storage projects.
Sec. 40904. Critical maintenance and repair.
Sec. 40905. Competitive grant program for large-scale water recycling
and reuse program.
Sec. 40906. Drought contingency plan funding requirements.
Sec. 40907. Multi-benefit projects to improve watershed health.
Sec. 40908. Eligible desalination projects.
Sec. 40909. Clarification of authority to use coronavirus fiscal
recovery funds to meet a non-Federal matching requirement for
authorized Bureau of Reclamation water projects.
Sec. 40910. Federal assistance for groundwater recharge, aquifer
storage, and water source substitution projects.
TITLE X--AUTHORIZATION OF APPROPRIATIONS FOR ENERGY ACT OF 2020
Sec. 41001. Energy storage demonstration projects.
Sec. 41002. Advanced reactor demonstration program.
Sec. 41003. Mineral security projects.
Sec. 41004. Carbon capture demonstration and pilot programs.
Sec. 41005. Direct air capture technologies prize competitions.
Sec. 41006. Water power projects.
Sec. 41007. Renewable energy projects.
Sec. 41008. Industrial emissions demonstration projects.
TITLE XI--WAGE RATE REQUIREMENTS
Sec. 41101. Wage rate requirements.
TITLE XII--MISCELLANEOUS
Sec. 41201. Office of Clean Energy Demonstrations.
Sec. 41202. Extension of Secure Rural Schools and Community Self-
Determination Act of 2000.
DIVISION E--DRINKING WATER AND WASTEWATER INFRASTRUCTURE
Sec. 50001. Short title.
Sec. 50002. Definition of Administrator.
TITLE I--DRINKING WATER
Sec. 50101. Technical assistance and grants for emergencies affecting
public water systems.
Sec. 50102. Drinking water State revolving loan funds.
Sec. 50103. Source water petition program.
Sec. 50104. Assistance for small and disadvantaged communities.
Sec. 50105. Reducing lead in drinking water.
Sec. 50106. Operational sustainability of small public water systems.
Sec. 50107. Midsize and large drinking water system infrastructure
resilience and sustainability program.
Sec. 50108. Needs assessment for nationwide rural and urban low-income
community water assistance.
Sec. 50109. Rural and low-income water assistance pilot program.
Sec. 50110. Lead contamination in school drinking water.
Sec. 50111. Indian reservation drinking water program.
Sec. 50112. Advanced drinking water technologies.
Sec. 50113. Cybersecurity support for public water systems.
Sec. 50114. State response to contaminants.
Sec. 50115. Annual study on boil water advisories.
TITLE II--CLEAN WATER
Sec. 50201. Research, investigations, training, and information.
Sec. 50202. Wastewater efficiency grant pilot program.
Sec. 50203. Pilot program for alternative water source projects.
Sec. 50204. Sewer overflow and stormwater reuse municipal grants.
Sec. 50205. Clean water infrastructure resiliency and sustainability
program.
Sec. 50206. Small and medium publicly owned treatment works circuit
rider program.
Sec. 50207. Small publicly owned treatment works efficiency grant
program.
Sec. 50208. Grants for construction and refurbishing of individual
household decentralized wastewater systems for individuals
with low or moderate income.
Sec. 50209. Connection to publicly owned treatment works.
Sec. 50210. Clean water State revolving funds.
Sec. 50211. Water infrastructure and workforce investment.
Sec. 50212. Grants to Alaska to improve sanitation in rural and Native
villages.
Sec. 50213. Water data sharing pilot program.
Sec. 50214. Final rating opinion letters.
Sec. 50215. Water infrastructure financing reauthorization.
Sec. 50216. Small and disadvantaged community analysis.
Sec. 50217. Stormwater infrastructure technology.
Sec. 50218. Water Reuse Interagency Working Group.
Sec. 50219. Advanced clean water technologies study.
Sec. 50220. Clean watersheds needs survey.
Sec. 50221. Water Resources Research Act amendments.
Sec. 50222. Enhanced aquifer use and recharge.
DIVISION F--BROADBAND
TITLE I--BROADBAND GRANTS FOR STATES, DISTRICT OF COLUMBIA, PUERTO RICO,
AND TERRITORIES
Sec. 60101. Findings.
Sec. 60102. Grants for broadband deployment.
Sec. 60103. Broadband DATA maps.
Sec. 60104. Report on future of Universal Service Fund.
Sec. 60105. Broadband deployment locations map.
TITLE II--TRIBAL CONNECTIVITY TECHNICAL AMENDMENTS.
Sec. 60201. Tribal connectivity technical amendments.
TITLE III--DIGITAL EQUITY ACT OF 2021
Sec. 60301. Short title.
Sec. 60302. Definitions.
Sec. 60303. Sense of Congress.
Sec. 60304. State Digital Equity Capacity Grant Program.
Sec. 60305. Digital Equity Competitive Grant Program.
Sec. 60306. Policy research, data collection, analysis and modeling,
evaluation, and dissemination.
Sec. 60307. General provisions.
TITLE IV--ENABLING MIDDLE MILE BROADBAND INFRASTRUCTURE
Sec. 60401. Enabling middle mile broadband infrastructure.
TITLE V--BROADBAND AFFORDABILITY
Sec. 60501. Definitions.
Sec. 60502. Broadband affordability.
Sec. 60503. Coordination with certain other Federal agencies.
Sec. 60504. Adoption of consumer broadband labels.
Sec. 60505. GAO report.
Sec. 60506. Digital discrimination.
TITLE VI--TELECOMMUNICATIONS INDUSTRY WORKFORCE
Sec. 60601. Short title.
Sec. 60602. Telecommunications interagency working group.
Sec. 60603. Telecommunications workforce guidance.
Sec. 60604. GAO assessment of workforce needs of the telecommunications
industry.
DIVISION G--OTHER AUTHORIZATIONS
TITLE I--INDIAN WATER RIGHTS SETTLEMENT COMPLETION FUND
Sec. 70101. Indian Water Rights Settlement Completion Fund.
TITLE II--WILDFIRE MITIGATION
Sec. 70201. Short title.
Sec. 70202. Definitions.
Sec. 70203. Establishment of Commission.
Sec. 70204. Duties of Commission.
Sec. 70205. Powers of Commission.
Sec. 70206. Commission personnel matters.
Sec. 70207. Termination of Commission.
TITLE III--REFORESTATION
Sec. 70301. Short title.
Sec. 70302. Reforestation following wildfires and other unplanned
events.
Sec. 70303. Report.
TITLE IV--RECYCLING PRACTICES
Sec. 70401. Best practices for battery recycling and labeling
guidelines.
Sec. 70402. Consumer recycling education and outreach grant program;
Federal procurement.
TITLE V--BIOPRODUCT PILOT PROGRAM
Sec. 70501. Pilot program on use of agricultural commodities in
construction and consumer products.
TITLE VI--CYBERSECURITY
Subtitle A--Cyber Response and Recovery Act
Sec. 70601. Short title.
Sec. 70602. Declaration of a significant incident.
Subtitle B--State and Local Cybersecurity Improvement Act
Sec. 70611. Short title.
Sec. 70612. State and Local Cybersecurity Grant Program.
TITLE VII--PUBLIC-PRIVATE PARTNERSHIPS
Sec. 70701. Value for money analysis.
TITLE VIII--FEDERAL PERMITTING IMPROVEMENT
Sec. 70801. Federal permitting improvement.
TITLE IX--BUILD AMERICA, BUY AMERICA
Subtitle A--Build America, Buy America
Sec. 70901. Short title.
PART I--Buy America Sourcing Requirements
Sec. 70911. Findings.
Sec. 70912. Definitions.
Sec. 70913. Identification of deficient programs.
Sec. 70914. Application of Buy America preference.
Sec. 70915. OMB guidance and standards.
Sec. 70916. Technical assistance partnership and consultation supporting
Department of Transportation Buy America requirements.
Sec. 70917. Application.
PART II--Make It in America
Sec. 70921. Regulations relating to Buy American Act.
Sec. 70922. Amendments relating to Buy American Act.
Sec. 70923. Made in America Office.
Sec. 70924. Hollings Manufacturing Extension Partnership activities.
Sec. 70925. United States obligations under international agreements.
Sec. 70926. Definitions.
Sec. 70927. Prospective amendments to internal cross-references.
Subtitle B--BuyAmerican.gov
Sec. 70931. Short title.
Sec. 70932. Definitions.
Sec. 70933. Sense of Congress on buying American.
Sec. 70934. Assessment of impact of free trade agreements.
Sec. 70935. Judicious use of waivers.
Sec. 70936. Establishment of BuyAmerican.gov website.
Sec. 70937. Waiver Transparency and Streamlining for contracts.
Sec. 70938. Comptroller General report.
Sec. 70939. Rules of construction.
Sec. 70940. Consistency with international agreements.
Sec. 70941. Prospective amendments to internal cross-references.
Subtitle C--Make PPE in America
Sec. 70951. Short title.
Sec. 70952. Findings.
Sec. 70953. Requirement of long-term contracts for domestically
manufactured personal protective equipment.
TITLE X--ASSET CONCESSIONS
Sec. 71001. Asset concessions.
TITLE XI--CLEAN SCHOOL BUSES AND FERRIES
Sec. 71101. Clean school bus program.
Sec. 71102. Electric or low-emitting ferry pilot program.
Sec. 71103. Ferry service for rural communities.
Sec. 71104. Expanding the funding authority for renovating,
constructing, and expanding certain facilities.
DIVISION H--REVENUE PROVISIONS
TITLE I--HIGHWAY TRUST FUND
Sec. 80101. Extension of Highway Trust Fund expenditure authority.
Sec. 80102. Extension of highway-related taxes.
Sec. 80103. Further additional transfers to trust fund.
TITLE II--CHEMICAL SUPERFUND
Sec. 80201. Extension and modification of certain superfund excise
taxes.
TITLE III--CUSTOMS USER FEES
Sec. 80301. Extension of customs user fees.
TITLE IV--BOND PROVISIONS
Sec. 80401. Private activity bonds for qualified broadband projects.
Sec. 80402. Carbon dioxide capture facilities.
Sec. 80403. Increase in national limitation amount for qualified highway
or surface freight transportation facilities.
TITLE V--RELIEF FOR TAXPAYERS AFFECTED BY DISASTERS OR OTHER CRITICAL
EVENTS
Sec. 80501. Modification of automatic extension of certain deadlines in
the case of taxpayers affected by Federally declared
disasters.
Sec. 80502. Modifications of rules for postponing certain acts by reason
of service in combat zone or contingency operation.
Sec. 80503. Tolling of time for filing a petition with the tax court.
Sec. 80504. Authority to postpone certain tax deadlines by reason of
significant fires.
TITLE VI--OTHER PROVISIONS
Sec. 80601. Modification of tax treatment of contributions to the
capital of a corporation.
Sec. 80602. Extension of interest rate stabilization.
Sec. 80603. Information reporting for brokers and digital assets.
Sec. 80604. Termination of employee retention credit for employers
subject to closure due to COVID-19.
DIVISION I--OTHER MATTERS
Sec. 90001. Extension of direct spending reductions through fiscal year
2031.
Sec. 90002. Strategic Petroleum Reserve drawdown and sale.
Sec. 90003. Findings regarding unused unemployment insurance funds.
Sec. 90004. Requiring manufacturers of certain single-dose container or
single-use package drugs payable under part B of the Medicare
program to provide refunds with respect to discarded amounts
of such drugs.
Sec. 90005. Extension of enterprise guarantee fees.
Sec. 90006. Moratorium on implementation of rule relating to eliminating
the anti-kickback statute safe harbor protection for
prescription drug rebates.
Sec. 90007. Rescission of COVID-19 appropriations.
Sec. 90008. Spectrum auctions.
DIVISION J--APPROPRIATIONS
TITLE I--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION,
AND RELATED AGENCIES
TITLE II--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
TITLE III--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
TITLE IV--FINANCIAL SERVICES AND GENERAL GOVERNMENT
TITLE V--DEPARTMENT OF HOMELAND SECURITY
TITLE VI--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES
TITLE VII--LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED
AGENCIES
TITLE VIII--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES
TITLE IX--GENERAL PROVISIONS--THIS DIVISION
DIVISION K--MINORITY BUSINESS DEVELOPMENT
Sec. 100001. Short title.
Sec. 100002. Definitions.
Sec. 100003. Minority Business Development Agency.
TITLE I--EXISTING INITIATIVES
Subtitle A--Market Development, Research, and Information
Sec. 100101. Private sector development.
Sec. 100102. Public sector development.
Sec. 100103. Research and information.
Subtitle B--Minority Business Development Agency Business Center Program
Sec. 100111. Definition.
Sec. 100112. Purpose.
Sec. 100113. Establishment.
Sec. 100114. Grants and cooperative agreements.
Sec. 100115. Minimizing disruptions to existing MBDA Business Center
program.
Sec. 100116. Publicity.
TITLE II--NEW INITIATIVES TO PROMOTE ECONOMIC RESILIENCY FOR MINORITY
BUSINESSES
Sec. 100201. Annual diverse business forum on capital formation.
Sec. 100202. Agency study on alternative financing solutions.
Sec. 100203. Educational development relating to management and
entrepreneurship.
TITLE III--RURAL MINORITY BUSINESS CENTER PROGRAM
Sec. 100301. Definitions.
Sec. 100302. Business centers.
Sec. 100303. Report to Congress.
Sec. 100304. Study and report.
TITLE IV--MINORITY BUSINESS DEVELOPMENT GRANTS
Sec. 100401. Grants to nonprofit organizations that support minority
business enterprises.
TITLE V--MINORITY BUSINESS ENTERPRISES ADVISORY COUNCIL
Sec. 100501. Purpose.
Sec. 100502. Composition and term.
Sec. 100503. Duties.
TITLE VI--FEDERAL COORDINATION OF MINORITY BUSINESS PROGRAMS
Sec. 100601. General duties.
Sec. 100602. Participation of Federal departments and agencies.
TITLE VII--ADMINISTRATIVE POWERS OF THE AGENCY; MISCELLANEOUS PROVISIONS
Sec. 100701. Administrative powers.
Sec. 100702. Federal assistance.
Sec. 100703. Recordkeeping.
Sec. 100704. Review and report by Comptroller General.
Sec. 100705. Biannual reports; recommendations.
Sec. 100706. Separability.
Sec. 100707. Executive Order 11625.
Sec. 100708. Authorization of appropriations.
SEC. 2. REFERENCES.
Except as expressly provided otherwise, any reference to ``this
Act'' contained in any division of this Act shall be treated as
referring only to the provisions of that division.
DIVISION A--SURFACE TRANSPORTATION
SEC. 10001. SHORT TITLE.
This division may be cited as the ``Surface Transportation
Reauthorization Act of 2021''.
SEC. 10002. DEFINITIONS.
In this division:
(1) Department.--The term ``Department'' means the Department
of Transportation.
(2) Secretary.--The term ``Secretary'' means the Secretary of
Transportation.
SEC. 10003. EFFECTIVE DATE.
Except as otherwise provided, this division and the amendments made
by this division take effect on October 1, 2021.
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A--Authorizations and Programs
SEC. 11101. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--The following amounts are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account):
(1) Federal-aid highway program.--For the national highway
performance program under section 119 of title 23, United States
Code, the surface transportation block grant program under section
133 of that title, the highway safety improvement program under
section 148 of that title, the congestion mitigation and air
quality improvement program under section 149 of that title, the
national highway freight program under section 167 of that title,
the carbon reduction program under section 175 of that title, to
carry out subsection (c) of the PROTECT program under section 176
of that title, and to carry out section 134 of that title--
(A) $52,488,065,375 for fiscal year 2022;
(B) $53,537,826,683 for fiscal year 2023;
(C) $54,608,583,217 for fiscal year 2024;
(D) $55,700,754,881 for fiscal year 2025; and
(E) $56,814,769,844 for fiscal year 2026.
(2) Transportation infrastructure finance and innovation
program.--For credit assistance under the transportation
infrastructure finance and innovation program under chapter 6 of
title 23, United States Code, $250,000,000 for each of fiscal years
2022 through 2026.
(3) Federal lands and tribal transportation programs.--
(A) Tribal transportation program.--For the tribal
transportation program under section 202 of title 23, United
States Code--
(i) $578,460,000 for fiscal year 2022;
(ii) $589,960,000 for fiscal year 2023;
(iii) $602,460,000 for fiscal year 2024;
(iv) $612,960,000 for fiscal year 2025; and
(v) $627,960,000 for fiscal year 2026.
(B) Federal lands transportation program.--
(i) In general.--For the Federal lands transportation
program under section 203 of title 23, United States Code--
(I) $421,965,000 for fiscal year 2022;
(II) $429,965,000 for fiscal year 2023;
(III) $438,965,000 for fiscal year 2024;
(IV) $447,965,000 for fiscal year 2025; and
(V) $455,965,000 for fiscal year 2026.
(ii) Allocation.--Of the amount made available for a
fiscal year under clause (i)--
(I) the amount for the National Park Service is--
(aa) $332,427,450 for fiscal year 2022;
(bb) $338,867,450 for fiscal year 2023;
(cc) $346,237,450 for fiscal year 2024;
(dd) $353,607,450 for fiscal year 2025; and
(ee) $360,047,450 for fiscal year 2026;
(II) the amount for the United States Fish and
Wildlife Service is $36,000,000 for each of fiscal
years 2022 through 2026; and
(III) the amount for the Forest Service is--
(aa) $24,000,000 for fiscal year 2022;
(bb) $25,000,000 for fiscal year 2023;
(cc) $26,000,000 for fiscal year 2024;
(dd) $27,000,000 for fiscal year 2025; and
(ee) $28,000,000 for fiscal year 2026.
(C) Federal lands access program.--For the Federal lands
access program under section 204 of title 23, United States
Code--
(i) $285,975,000 for fiscal year 2022;
(ii) $291,975,000 for fiscal year 2023;
(iii) $296,975,000 for fiscal year 2024;
(iv) $303,975,000 for fiscal year 2025; and
(v) $308,975,000 for fiscal year 2026.
(4) Territorial and puerto rico highway program.--For the
territorial and Puerto Rico highway program under section 165 of
title 23, United States Code--
(A) $219,000,000 for fiscal year 2022;
(B) $224,000,000 for fiscal year 2023;
(C) $228,000,000 for fiscal year 2024;
(D) $232,500,000 for fiscal year 2025; and
(E) $237,000,000 for fiscal year 2026.
(5) Nationally significant freight and highway projects.--For
nationally significant freight and highway projects under section
117 of title 23, United States Code--
(A) $1,000,000,000 for fiscal year 2022;
(B) $1,000,000,000 for fiscal year 2023;
(C) $1,000,000,000 for fiscal year 2024;
(D) $900,000,000 for fiscal year 2025; and
(E) $900,000,000 for fiscal year 2026.
(b) Other Programs.--
(1) In general.--The following amounts are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass
Transit Account):
(A) Bridge investment program.--To carry out the bridge
investment program under section 124 of title 23, United States
Code--
(i) $600,000,000 for fiscal year 2022;
(ii) $640,000,000 for fiscal year 2023;
(iii) $650,000,000 for fiscal year 2024;
(iv) $675,000,000 for fiscal year 2025; and
(v) $700,000,000 for fiscal year 2026.
(B) Congestion relief program.--To carry out the congestion
relief program under section 129(d) of title 23, United States
Code, $50,000,000 for each of fiscal years 2022 through 2026.
(C) Charging and fueling infrastructure grants.--To carry
out section 151(f) of title 23, United States Code--
(i) $300,000,000 for fiscal year 2022;
(ii) $400,000,000 for fiscal year 2023;
(iii) $500,000,000 for fiscal year 2024;
(iv) $600,000,000 for fiscal year 2025; and
(v) $700,000,000 for fiscal year 2026.
(D) Rural surface transportation grant program.--To carry
out the rural surface transportation grant program under
section 173 of title 23, United States Code--
(i) $300,000,000 for fiscal year 2022;
(ii) $350,000,000 for fiscal year 2023;
(iii) $400,000,000 for fiscal year 2024;
(iv) $450,000,000 for fiscal year 2025; and
(v) $500,000,000 for fiscal year 2026.
(E) PROTECT grants.--
(i) In general.--To carry out subsection (d) of the
PROTECT program under section 176 of title 23, United
States Code, for each of fiscal years 2022 through 2026--
(I) $250,000,000 for fiscal year 2022;
(II) $250,000,000 for fiscal year 2023;
(III) $300,000,000 for fiscal year 2024;
(IV) $300,000,000 for fiscal year 2025; and
(V) $300,000,000 for fiscal year 2026.
(ii) Allocation.--Of the amounts made available under
clause (i)--
(I) for planning grants under paragraph (3) of that
subsection--
(aa) $25,000,000 for fiscal year 2022;
(bb) $25,000,000 for fiscal year 2023;
(cc) $30,000,000 for fiscal year 2024;
(dd) $30,000,000 for fiscal year 2025; and
(ee) $30,000,000 for fiscal year 2026;
(II) for resilience improvement grants under
paragraph (4)(A) of that subsection--
(aa) $175,000,000 for fiscal year 2022;
(bb) $175,000,000 for fiscal year 2023;
(cc) $210,000,000 for fiscal year 2024;
(dd) $210,000,000 for fiscal year 2025; and
(ee) $210,000,000 for fiscal year 2026;
(III) for community resilience and evacuation route
grants under paragraph (4)(B) of that subsection--
(aa) $25,000,000 for fiscal year 2022;
(bb) $25,000,000 for fiscal year 2023;
(cc) $30,000,000 for fiscal year 2024;
(dd) $30,000,000 for fiscal year 2025; and
(ee) $30,000,000 for fiscal year 2026; and
(IV) for at-risk coastal infrastructure grants
under paragraph (4)(C) of that subsection--
(aa) $25,000,000 for fiscal year 2022;
(bb) $25,000,000 for fiscal year 2023;
(cc) $30,000,000 for fiscal year 2024;
(dd) $30,000,000 for fiscal year 2025; and
(ee) $30,000,000 for fiscal year 2026.
(F) Reduction of truck emissions at port facilities.--
(i) In general.--To carry out the reduction of truck
emissions at port facilities under section 11402,
$50,000,000 for each of fiscal years 2022 through 2026.
(ii) Treatment.--Amounts made available under clause
(i) shall be available for obligation in the same manner as
if those amounts were apportioned under chapter 1 of title
23, United States Code.
(G) Nationally significant federal lands and tribal
projects.--
(i) In general.--To carry out the nationally
significant Federal lands and tribal projects program under
section 1123 of the FAST Act (23 U.S.C. 201 note; Public
Law 114-94), $55,000,000 for each of fiscal years 2022
through 2026.
(ii) Treatment.--Amounts made available under clause
(i) shall be available for obligation in the same manner as
if those amounts were apportioned under chapter 1 of title
23, United States Code.
(2) General fund.--
(A) Bridge investment program.--
(i) In general.--In addition to amounts made available
under paragraph (1)(A), there are authorized to be
appropriated to carry out the bridge investment program
under section 124 of title 23, United States Code--
(I) $600,000,000 for fiscal year 2022;
(II) $640,000,000 for fiscal year 2023;
(III) $650,000,000 for fiscal year 2024;
(IV) $675,000,000 for fiscal year 2025; and
(V) $700,000,000 for fiscal year 2026.
(ii) Allocation.--Amounts made available under clause
(i) shall be allocated in the same manner as if made
available under paragraph (1)(A).
(B) Nationally significant federal lands and tribal
projects program.--In addition to amounts made available under
paragraph (1)(G), there is authorized to be appropriated to
carry out section 1123 of the FAST Act (23 U.S.C. 201 note;
Public Law 114-94) $300,000,000 for each of fiscal years 2022
through 2026.
(C) Healthy streets program.--There is authorized to be
appropriated to carry out the Healthy Streets program under
section 11406 $100,000,000 for each of fiscal years 2022
through 2026.
(D) Transportation resilience and adaptation centers of
excellence.--There is authorized to be appropriated to carry
out section 520 of title 23, United States Code, $100,000,000
for each of fiscal years 2022 through 2026.
(E) Open challenge and research proposal pilot program.--
There is authorized to be appropriated to carry out the open
challenge and research proposal pilot program under section
13006(e) $15,000,000 for each of fiscal years 2022 through
2026.
(c) Research, Technology, and Education Authorizations.--
(1) In general.--The following amounts are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass
Transit Account):
(A) Highway research and development program.--To carry out
section 503(b) of title 23, United States Code, $147,000,000
for each of fiscal years 2022 through 2026.
(B) Technology and innovation deployment program.--To carry
out section 503(c) of title 23, United States Code,
$110,000,000 for each of fiscal years 2022 through 2026.
(C) Training and education.--To carry out section 504 of
title 23, United States Code--
(i) $25,000,000 for fiscal year 2022;
(ii) $25,250,000 for fiscal year 2023;
(iii) $25,500,000 for fiscal year 2024;
(iv) $25,750,000 for fiscal year 2025; and
(v) $26,000,000 for fiscal year 2026.
(D) Intelligent transportation systems program.--To carry
out sections 512 through 518 of title 23, United States Code,
$110,000,000 for each of fiscal years 2022 through 2026.
(E) University transportation centers program.--To carry
out section 5505 of title 49, United States Code--
(i) $80,000,000 for fiscal year 2022;
(ii) $80,500,000 for fiscal year 2023;
(iii) $81,000,000 for fiscal year 2024;
(iv) $81,500,000 for fiscal year 2025; and
(v) $82,000,000 for fiscal year 2026.
(F) Bureau of transportation statistics.--To carry out
chapter 63 of title 49, United States Code--
(i) $26,000,000 for fiscal year 2022;
(ii) $26,250,000 for fiscal year 2023;
(iii) $26,500,000 for fiscal year 2024;
(iv) $26,750,000 for fiscal year 2025; and
(v) $27,000,000 for fiscal year 2026.
(2) Administration.--The Federal Highway Administration shall--
(A) administer the programs described in subparagraphs (A),
(B), and (C) of paragraph (1); and
(B) in consultation with relevant modal administrations,
administer the programs described in paragraph (1)(D).
(3) Applicability of title 23, united states code.--Amounts
authorized to be appropriated by paragraph (1) shall--
(A) be available for obligation in the same manner as if
those funds were apportioned under chapter 1 of title 23,
United States Code, except that the Federal share of the cost
of a project or activity carried out using those funds shall be
80 percent, unless otherwise expressly provided by this
division (including the amendments by this division) or
otherwise determined by the Secretary; and
(B) remain available until expended and not be
transferable, except as otherwise provided by this division.
(d) Pilot Programs.--The following amounts are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account):
(1) Wildlife crossings pilot program.--For the wildlife
crossings pilot program under section 171 of title 23, United
States Code--
(A) $60,000,000 for fiscal year 2022;
(B) $65,000,000 for fiscal year 2023;
(C) $70,000,000 for fiscal year 2024;
(D) $75,000,000 for fiscal year 2025; and
(E) $80,000,000 for fiscal year 2026.
(2) Prioritization process pilot program.--
(A) In general.--For the prioritization process pilot
program under section 11204, $10,000,000 for each of fiscal
years 2022 through 2026.
(B) Treatment.--Amounts made available under subparagraph
(A) shall be available for obligation in the same manner as if
those amounts were apportioned under chapter 1 of title 23,
United States Code.
(3) Reconnecting communities pilot program.--
(A) Planning grants.--For planning grants under the
reconnecting communities pilot program under section 11509(c),
$30,000,000 for each of fiscal years 2022 through 2026.
(B) Capital construction grants.--For capital construction
grants under the reconnecting communities pilot program under
section 11509(d)--
(i) $65,000,000 for fiscal year 2022;
(ii) $68,000,000 for fiscal year 2023;
(iii) $70,000,000 for fiscal year 2024;
(iv) $72,000,000 for fiscal year 2025; and
(v) $75,000,000 for fiscal year 2026.
(C) Treatment.--Amounts made available under subparagraph
(A) or (B) shall be available for obligation in the same manner
as if those amounts were apportioned under chapter 1 of title
23, United States Code, except that those amounts shall remain
available until expended.
(e) Disadvantaged Business Enterprises.--
(1) Findings.--Congress finds that--
(A) while significant progress has occurred due to the
establishment of the disadvantaged business enterprise program,
discrimination and related barriers continue to pose
significant obstacles for minority- and women-owned businesses
seeking to do business in Federally assisted surface
transportation markets across the United States;
(B) the continuing barriers described in subparagraph (A)
merit the continuation of the disadvantaged business enterprise
program;
(C) Congress has received and reviewed testimony and
documentation of race and gender discrimination from numerous
sources, including congressional hearings and roundtables,
scientific reports, reports issued by public and private
agencies, news stories, reports of discrimination by
organizations and individuals, and discrimination lawsuits,
which show that race- and gender-neutral efforts alone are
insufficient to address the problem;
(D) the testimony and documentation described in
subparagraph (C) demonstrate that discrimination across the
United States poses a barrier to full and fair participation in
surface transportation-related businesses of women business
owners and minority business owners and has impacted firm
development and many aspects of surface transportation-related
business in the public and private markets; and
(E) the testimony and documentation described in
subparagraph (C) provide a strong basis that there is a
compelling need for the continuation of the disadvantaged
business enterprise program to address race and gender
discrimination in surface transportation-related business.
(2) Definitions.--In this subsection:
(A) Small business concern.--
(i) In general.--The term ``small business concern''
means a small business concern (as the term is used in
section 3 of the Small Business Act (15 U.S.C. 632)).
(ii) Exclusions.--The term ``small business concern''
does not include any concern or group of concerns
controlled by the same socially and economically
disadvantaged individual or individuals that have average
annual gross receipts during the preceding 3 fiscal years
in excess of $26,290,000, as adjusted annually by the
Secretary for inflation.
(B) Socially and economically disadvantaged individuals.--
The term ``socially and economically disadvantaged
individuals'' has the meaning given the term in section 8(d) of
the Small Business Act (15 U.S.C. 637(d)) and relevant
subcontracting regulations issued pursuant to that Act, except
that women shall be presumed to be socially and economically
disadvantaged individuals for purposes of this subsection.
(3) Amounts for small business concerns.--Except to the extent
that the Secretary determines otherwise, not less than 10 percent
of the amounts made available for any program under this division
(other than section 14004), division C, and section 403 of title
23, United States Code, shall be expended through small business
concerns owned and controlled by socially and economically
disadvantaged individuals.
(4) Annual listing of disadvantaged business enterprises.--Each
State shall annually--
(A) survey and compile a list of the small business
concerns referred to in paragraph (3) in the State, including
the location of the small business concerns in the State; and
(B) notify the Secretary, in writing, of the percentage of
the small business concerns that are controlled by--
(i) women;
(ii) socially and economically disadvantaged
individuals (other than women); and
(iii) individuals who are women and are otherwise
socially and economically disadvantaged individuals.
(5) Uniform certification.--
(A) In general.--The Secretary shall establish minimum
uniform criteria for use by State governments in certifying
whether a concern qualifies as a small business concern for the
purpose of this subsection.
(B) Inclusions.--The minimum uniform criteria established
under subparagraph (A) shall include, with respect to a
potential small business concern--
(i) on-site visits;
(ii) personal interviews with personnel;
(iii) issuance or inspection of licenses;
(iv) analyses of stock ownership;
(v) listings of equipment;
(vi) analyses of bonding capacity;
(vii) listings of work completed;
(viii) examination of the resumes of principal owners;
(ix) analyses of financial capacity; and
(x) analyses of the type of work preferred.
(6) Reporting.--The Secretary shall establish minimum
requirements for use by State governments in reporting to the
Secretary--
(A) information concerning disadvantaged business
enterprise awards, commitments, and achievements; and
(B) such other information as the Secretary determines to
be appropriate for the proper monitoring of the disadvantaged
business enterprise program.
(7) Compliance with court orders.--Nothing in this subsection
limits the eligibility of an individual or entity to receive funds
made available under this division, division C, and section 403 of
title 23, United States Code, if the entity or person is prevented,
in whole or in part, from complying with paragraph (3) because a
Federal court issues a final order in which the court finds that a
requirement or the implementation of paragraph (3) is
unconstitutional.
(8) Sense of congress on prompt payment of dbe
subcontractors.--It is the sense of Congress that--
(A) the Secretary should take additional steps to ensure
that recipients comply with section 26.29 of title 49, Code of
Federal Regulations (the disadvantaged business enterprises
prompt payment rule), or any corresponding regulation, in
awarding Federally funded transportation contracts under laws
and regulations administered by the Secretary; and
(B) such additional steps should include increasing the
ability of the Department to track and keep records of
complaints and to make that information publicly available.
SEC. 11102. OBLIGATION CEILING.
(a) General Limitation.--Subject to subsection (e), and
notwithstanding any other provision of law, the obligations for
Federal-aid highway and highway safety construction programs shall not
exceed--
(1) $57,473,430,072 for fiscal year 2022;
(2) $58,764,510,674 for fiscal year 2023;
(3) $60,095,782,888 for fiscal year 2024;
(4) $61,314,170,545 for fiscal year 2025; and
(5) $62,657,105,821 for fiscal year 2026.
(b) Exceptions.--The limitations under subsection (a) shall not
apply to obligations under or for--
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance Act of
1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981 (95 Stat.
1701);
(4) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987 (101
Stat. 198);
(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2027);
(7) section 157 of title 23, United States Code (as in effect
on June 8, 1998);
(8) section 105 of title 23, United States Code (as in effect
for fiscal years 1998 through 2004, but only in an amount equal to
$639,000,000 for each of those fiscal years);
(9) Federal-aid highway programs for which obligation authority
was made available under the Transportation Equity Act for the 21st
Century (112 Stat. 107) or subsequent Acts for multiple years or to
remain available until expended, but only to the extent that the
obligation authority has not lapsed or been used;
(10) section 105 of title 23, United States Code (as in effect
for fiscal years 2005 through 2012, but only in an amount equal to
$639,000,000 for each of those fiscal years);
(11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119 Stat.
1248), to the extent that funds obligated in accordance with that
section were not subject to a limitation on obligations at the time
at which the funds were initially made available for obligation;
(12) section 119 of title 23, United States Code (as in effect
for fiscal years 2013 through 2015, but only in an amount equal to
$639,000,000 for each of those fiscal years);
(13) section 119 of title 23, United States Code (as in effect
for fiscal years 2016 through 2021, but only in an amount equal to
$639,000,000 for each of those fiscal years); and
(14) section 119 of title 23, United States Code (but, for
fiscal years 2022 through 2026, only in an amount equal to
$639,000,000 for each of those fiscal years).
(c) Distribution of Obligation Authority.--For each of fiscal years
2022 through 2026, the Secretary--
(1) shall not distribute obligation authority provided by
subsection (a) for the fiscal year for--
(A) amounts authorized for administrative expenses and
programs by section 104(a) of title 23, United States Code; and
(B) amounts authorized for the Bureau of Transportation
Statistics;
(2) shall not distribute an amount of obligation authority
provided by subsection (a) that is equal to the unobligated balance
of amounts--
(A) made available from the Highway Trust Fund (other than
the Mass Transit Account) for Federal-aid highway and highway
safety construction programs for previous fiscal years the
funds for which are allocated by the Secretary (or apportioned
by the Secretary under section 202 or 204 of title 23, United
States Code); and
(B) for which obligation authority was provided in a
previous fiscal year;
(3) shall determine the proportion that--
(A) the obligation authority provided by subsection (a) for
the fiscal year, less the aggregate of amounts not distributed
under paragraphs (1) and (2) of this subsection; bears to
(B) the total of the sums authorized to be appropriated for
the Federal-aid highway and highway safety construction
programs (other than sums authorized to be appropriated for
provisions of law described in paragraphs (1) through (13) of
subsection (b) and sums authorized to be appropriated for
section 119 of title 23, United States Code, equal to the
amount referred to in subsection (b)(14) for the fiscal year),
less the aggregate of the amounts not distributed under
paragraphs (1) and (2) of this subsection;
(4) shall distribute the obligation authority provided by
subsection (a), less the aggregate amounts not distributed under
paragraphs (1) and (2), for each of the programs (other than
programs to which paragraph (1) applies) that are allocated by the
Secretary under this division and title 23, United States Code, or
apportioned by the Secretary under section 202 or 204 of that
title, by multiplying--
(A) the proportion determined under paragraph (3); by
(B) the amounts authorized to be appropriated for each such
program for the fiscal year; and
(5) shall distribute the obligation authority provided by
subsection (a), less the aggregate amounts not distributed under
paragraphs (1) and (2) and the amounts distributed under paragraph
(4), for Federal-aid highway and highway safety construction
programs that are apportioned by the Secretary under title 23,
United States Code (other than the amounts apportioned for the
national highway performance program in section 119 of title 23,
United States Code, that are exempt from the limitation under
subsection (b)(14) and the amounts apportioned under sections 202
and 204 of that title) in the proportion that--
(A) amounts authorized to be appropriated for the programs
that are apportioned under title 23, United States Code, to
each State for the fiscal year; bears to
(B) the total of the amounts authorized to be appropriated
for the programs that are apportioned under title 23, United
States Code, to all States for the fiscal year.
(d) Redistribution of Unused Obligation Authority.--Notwithstanding
subsection (c), the Secretary shall, after August 1 of each of fiscal
years 2022 through 2026--
(1) revise a distribution of the obligation authority made
available under subsection (c) if an amount distributed cannot be
obligated during that fiscal year; and
(2) redistribute sufficient amounts to those States able to
obligate amounts in addition to those previously distributed during
that fiscal year, giving priority to those States having large
unobligated balances of funds apportioned under sections 144 (as in
effect on the day before the date of enactment of MAP-21 (Public
Law 112-141; 126 Stat. 405)) and 104 of title 23, United States
Code.
(e) Applicability of Obligation Limitations to Transportation
Research Programs.--
(1) In general.--Except as provided in paragraph (2),
obligation limitations imposed by subsection (a) shall apply to
contract authority for transportation research programs carried out
under chapter 5 of title 23, United States Code.
(2) Exception.--Obligation authority made available under
paragraph (1) shall--
(A) remain available for a period of 4 fiscal years; and
(B) be in addition to the amount of any limitation imposed
on obligations for Federal-aid highway and highway safety
construction programs for future fiscal years.
(f) Redistribution of Certain Authorized Funds.--
(1) In general.--Not later than 30 days after the date of
distribution of obligation authority under subsection (c) for each
of fiscal years 2022 through 2026, the Secretary shall distribute
to the States any funds (excluding funds authorized for the program
under section 202 of title 23, United States Code) that--
(A) are authorized to be appropriated for the fiscal year
for Federal-aid highway programs; and
(B) the Secretary determines will not be allocated to the
States (or will not be apportioned to the States under section
204 of title 23, United States Code), and will not be available
for obligation, for the fiscal year because of the imposition
of any obligation limitation for the fiscal year.
(2) Ratio.--Funds shall be distributed under paragraph (1) in
the same proportion as the distribution of obligation authority
under subsection (c)(5).
(3) Availability.--Funds distributed to each State under
paragraph (1) shall be available for any purpose described in
section 133(b) of title 23, United States Code.
SEC. 11103. DEFINITIONS.
Section 101(a) of title 23, United States Code, is amended--
(1) in paragraph (4)--
(A) in subparagraph (A), by inserting ``assessing
resilience,'' after ``surveying,'';
(B) in subparagraph (G), by striking ``and'' at the end;
(C) by redesignating subparagraph (H) as subparagraph (I);
and
(D) by inserting after subparagraph (G) the following:
``(H) improvements that reduce the number of wildlife-
vehicle collisions, such as wildlife crossing structures;
and'';
(2) by redesignating paragraphs (17) through (34) as paragraphs
(18), (19), (20), (21), (22), (23), (25), (26), (27), (28), (29),
(30), (31), (32), (33), (34), (35), and (36), respectively;
(3) by inserting after paragraph (16) the following:
``(17) Natural infrastructure.--The term `natural
infrastructure' means infrastructure that uses, restores, or
emulates natural ecological processes and--
``(A) is created through the action of natural physical,
geological, biological, and chemical processes over time;
``(B) is created by human design, engineering, and
construction to emulate or act in concert with natural
processes; or
``(C) involves the use of plants, soils, and other natural
features, including through the creation, restoration, or
preservation of vegetated areas using materials appropriate to
the region to manage stormwater and runoff, to attenuate
flooding and storm surges, and for other related purposes.'';
(4) by inserting after paragraph (23) (as so redesignated) the
following:
``(24) Resilience.--The term `resilience', with respect to a
project, means a project with the ability to anticipate, prepare
for, or adapt to conditions or withstand, respond to, or recover
rapidly from disruptions, including the ability--
``(A)(i) to resist hazards or withstand impacts from
weather events and natural disasters; or
``(ii) to reduce the magnitude or duration of impacts of a
disruptive weather event or natural disaster on a project; and
``(B) to have the absorptive capacity, adaptive capacity,
and recoverability to decrease project vulnerability to weather
events or other natural disasters.''; and
(5) in subparagraph (A) of paragraph (32) (as so
redesignated)--
(A) by striking the period at the end and inserting ``;
and'';
(B) by striking ``through the implementation'' and
inserting the following: ``through--
``(i) the implementation''; and
(C) by adding at the end the following:
``(ii) the consideration of incorporating natural
infrastructure.''.
SEC. 11104. APPORTIONMENT.
(a) Administrative Expenses.--Section 104(a)(1) of title 23, United
States Code, is amended by striking subparagraphs (A) through (E) and
inserting the following:
``(A) $490,964,697 for fiscal year 2022;
``(B) $500,783,991 for fiscal year 2023;
``(C) $510,799,671 for fiscal year 2024;
``(D) $521,015,664 for fiscal year 2025; and
``(E) $531,435,977 for fiscal year 2026.''.
(b) Division Among Programs of State Share.--Section 104(b) of
title 23, United States Code, is amended in subsection (b)--
(1) in the matter preceding paragraph (1), by inserting ``the
carbon reduction program under section 175, to carry out subsection
(c) of the PROTECT program under section 176,'' before ``and to
carry out section 134'';
(2) in paragraph (1), by striking ``63.7 percent'' and
inserting ``59.0771195921461 percent'';
(3) in paragraph (2), by striking ``29.3 percent'' and
inserting ``28.7402203421251 percent'';
(4) in paragraph (3), by striking ``7 percent'' and inserting
``6.70605141316253 percent'';
(5) by striking paragraph (4) and inserting the following:
``(4) Congestion mitigation and air quality improvement
program.--
``(A) In general.--For the congestion mitigation and air
quality improvement program, an amount determined for the State
under subparagraphs (B) and (C).
``(B) Total amount.--The total amount for the congestion
mitigation and air quality improvement program for all States
shall be--
``(i) $2,536,490,803 for fiscal year 2022;
``(ii) $2,587,220,620 for fiscal year 2023;
``(iii) $2,638,965,032 for fiscal year 2024;
``(iv) $2,691,744,332 for fiscal year 2025; and
``(v) $2,745,579,213 for fiscal year 2026.
``(C) State share.--For each fiscal year, the Secretary
shall distribute among the States the total amount for the
congestion mitigation and air quality improvement program under
subparagraph (B) so that each State receives an amount equal to
the proportion that--
``(i) the amount apportioned to the State for the
congestion mitigation and air quality improvement program
for fiscal year 2020; bears to
``(ii) the total amount of funds apportioned to all
States for that program for fiscal year 2020.'';
(6) in paragraph (5)--
(A) by striking subparagraph (B) and inserting the
following:
``(B) Total amount.--The total amount set aside for the
national highway freight program for all States shall be--
``(i) $1,373,932,519 for fiscal year 2022;
``(ii) $1,401,411,169 for fiscal year 2023;
``(iii) $1,429,439,392 for fiscal year 2024;
``(iv) $1,458,028,180 for fiscal year 2025; and
``(v) $1,487,188,740 for fiscal year 2026.''; and
(B) by striking subparagraph (D); and
(7) by striking paragraph (6) and inserting the following:
``(6) Metropolitan planning.--
``(A) In general.--To carry out section 134, an amount
determined for the State under subparagraphs (B) and (C).
``(B) Total amount.--The total amount for metropolitan
planning for all States shall be--
``(i) $ 438,121,139 for fiscal year 2022;
``(ii) $446,883,562 for fiscal year 2023;
``(iii) $455,821,233 for fiscal year 2024;
``(iv) $464,937,657 for fiscal year 2025; and
``(v) $474,236,409 for fiscal year 2026.
``(C) State share.--For each fiscal year, the Secretary
shall distribute among the States the total amount to carry out
section 134 under subparagraph (B) so that each State receives
an amount equal to the proportion that--
``(i) the amount apportioned to the State to carry out
section 134 for fiscal year 2020; bears to
``(ii) the total amount of funds apportioned to all
States to carry out section 134 for fiscal year 2020.
``(7) Carbon reduction program.--For the carbon reduction
program under section 175, 2.56266964565637 percent of the amount
remaining after distributing amounts under paragraphs (4), (5), and
(6).
``(8) PROTECT formula program.--To carry out subsection (c) of
the PROTECT program under section 176, 2.91393900690991 percent of
the amount remaining after distributing amounts under paragraphs
(4), (5), and (6).''.
(c) Calculation of Amounts.--Section 104(c) of title 23, United
States Code, is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by striking
``each of fiscal years 2016 through 2020'' and inserting
``fiscal year 2022 and each fiscal year thereafter'';
(B) in subparagraph (A)--
(i) by striking clause (i) and inserting the following:
``(i) the base apportionment; by''; and
(ii) in clause (ii)(I), by striking ``fiscal year
2015'' and inserting ``fiscal year 2021''; and
(C) by striking subparagraph (B) and inserting the
following:
``(B) Guaranteed amounts.--The initial amounts resulting
from the calculation under subparagraph (A) shall be adjusted
to ensure that each State receives an aggregate apportionment
that is--
``(i) equal to at least 95 percent of the estimated tax
payments paid into the Highway Trust Fund (other than the
Mass Transit Account) in the most recent fiscal year for
which data are available that are--
``(I) attributable to highway users in the State;
and
``(II) associated with taxes in effect on July 1,
2019, and only up to the rate those taxes were in
effect on that date;
``(ii) at least 2 percent greater than the
apportionment that the State received for fiscal year 2021;
and
``(iii) at least 1 percent greater than the
apportionment that the State received for the previous
fiscal year.''; and
(2) in paragraph (2)--
(A) by striking ``fiscal years 2016 through 2020'' and
inserting ``fiscal year 2022 and each fiscal year thereafter'';
and
(B) by inserting ``the carbon reduction program under
section 175, to carry out subsection (c) of the PROTECT program
under section 176,'' before ``and to carry out section 134''.
(d) Metropolitan Planning.--Section 104(d)(1)(A) of title 23,
United States Code, is amended by striking ``paragraphs (5)(D) and (6)
of subsection (b)'' each place it appears and inserting ``subsection
(b)(6)''.
(e) Supplemental Funds.--Section 104 of title 23, United States
Code, is amended by striking subsection (h).
(f) Base Apportionment Defined.--Section 104 of title 23, United
States Code, is amended--
(1) by redesignating subsection (i) as subsection (h); and
(2) in subsection (h) (as so redesignated)--
(A) by striking ``means'' in the matter preceding paragraph
(1) and all that follows through ``the combined amount'' in
paragraph (1) and inserting ``means the combined amount'';
(B) by striking ``and to carry out section 134; minus'' and
inserting ``the carbon reduction program under section 175, to
carry out subsection (c) of the PROTECT program under section
176, and to carry out section 134.''; and
(C) by striking paragraph (2).
SEC. 11105. NATIONAL HIGHWAY PERFORMANCE PROGRAM.
Section 119 of title 23, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (2), by striking ``and'' at the end;
(B) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(4) to provide support for activities to increase the
resiliency of the National Highway System to mitigate the cost of
damages from sea level rise, extreme weather events, flooding,
wildfires, or other natural disasters.'';
(2) in subsection (d)(2), by adding at the end the following:
``(Q) Undergrounding public utility infrastructure carried
out in conjunction with a project otherwise eligible under this
section.
``(R) Resiliency improvements on the National Highway
System, including protective features described in subsection
(k)(2).
``(S) Implement activities to protect segments of the
National Highway System from cybersecurity threats.'';
(3) in subsection (e)(4)(D), by striking ``analysis'' and
inserting ``analyses, both of which shall take into consideration
extreme weather and resilience''; and
(4) by adding at the end the following:
``(k) Protective Features.--
``(1) In general.--A State may use not more than 15 percent of
the funds apportioned to the State under section 104(b)(1) for each
fiscal year for 1 or more protective features on a Federal-aid
highway or bridge not on the National Highway System, if the
protective feature is designed to mitigate the risk of recurring
damage or the cost of future repairs from extreme weather events,
flooding, or other natural disasters.
``(2) Protective features described.--A protective feature
referred to in paragraph (1) includes--
``(A) raising roadway grades;
``(B) relocating roadways in a base floodplain to higher
ground above projected flood elevation levels or away from
slide prone areas;
``(C) stabilizing slide areas;
``(D) stabilizing slopes;
``(E) lengthening or raising bridges to increase waterway
openings;
``(F) increasing the size or number of drainage structures;
``(G) replacing culverts with bridges or upsizing culverts;
``(H) installing seismic retrofits on bridges;
``(I) adding scour protection at bridges, installing
riprap, or adding other scour, stream stability, coastal, or
other hydraulic countermeasures, including spur dikes; and
``(J) the use of natural infrastructure to mitigate the
risk of recurring damage or the cost of future repair from
extreme weather events, flooding, or other natural disasters.
``(3) Savings provision.--Nothing in this subsection limits the
ability of a State to carry out a project otherwise eligible under
subsection (d) using funds apportioned under section 104(b)(1).''.
SEC. 11106. EMERGENCY RELIEF.
Section 125 of title 23, United States Code, is amended--
(1) in subsection (a)(1), by inserting ``wildfire,'' after
``severe storm,'';
(2) by striking subsection (b) and inserting the following:
``(b) Restriction on Eligibility.--Funds under this section shall
not be used for the repair or reconstruction of a bridge that has been
permanently closed to all vehicular traffic by the State or responsible
local official because of imminent danger of collapse due to a
structural deficiency or physical deterioration.''; and
(3) in subsection (d)--
(A) in paragraph (2)(A)--
(i) by striking the period at the end and inserting ``;
and'';
(ii) by striking ``a facility that meets the current''
and inserting the following: ``a facility that--
``(i) meets the current''; and
(iii) by adding at the end the following:
``(ii) incorporates economically justifiable
improvements that will mitigate the risk of recurring
damage from extreme weather, flooding, and other natural
disasters.'';
(B) by redesignating paragraph (3) as paragraph (4); and
(C) by inserting after paragraph (2) the following:
``(3) Protective features.--
``(A) In general.--The cost of an improvement that is part
of a project under this section shall be an eligible expense
under this section if the improvement is a protective feature
that will mitigate the risk of recurring damage or the cost of
future repair from extreme weather, flooding, and other natural
disasters.
``(B) Protective features described.--A protective feature
referred to in subparagraph (A) includes--
``(i) raising roadway grades;
``(ii) relocating roadways in a floodplain to higher
ground above projected flood elevation levels or away from
slide prone areas;
``(iii) stabilizing slide areas;
``(iv) stabilizing slopes;
``(v) lengthening or raising bridges to increase
waterway openings;
``(vi) increasing the size or number of drainage
structures;
``(vii) replacing culverts with bridges or upsizing
culverts;
``(viii) installing seismic retrofits on bridges;
``(ix) adding scour protection at bridges, installing
riprap, or adding other scour, stream stability, coastal,
or other hydraulic countermeasures, including spur dikes;
and
``(x) the use of natural infrastructure to mitigate the
risk of recurring damage or the cost of future repair from
extreme weather, flooding, and other natural disasters.''.
SEC. 11107. FEDERAL SHARE PAYABLE.
Section 120 of title 23, United States Code, is amended--
(1) in subsection (c)--
(A) in paragraph (1), in the first sentence, by inserting
``vehicle-to-infrastructure communication equipment,'' after
``breakaway utility poles,'';
(B) in subparagraph (3)(B)--
(i) in clause (v), by striking ``or'' at the end;
(ii) by redesignating clause (vi) as clause (vii); and
(iii) by inserting after clause (v) the following:
``(vi) contractual provisions that provide safety
contingency funds to incorporate safety enhancements to
work zones prior to or during roadway construction
activities; or''; and
(C) by adding at the end the following:
``(4) Pooled funding.--Notwithstanding any other provision of
law, the Secretary may waive the non-Federal share of the cost of a
project or activity under section 502(b)(6) that is carried out
with amounts apportioned under section 104(b)(2) after considering
appropriate factors, including whether--
``(A) decreasing or eliminating the non-Federal share would
best serve the interests of the Federal-aid highway program;
and
``(B) the project or activity addresses national or
regional high priority research, development, and technology
transfer problems in a manner that would benefit multiple
States or metropolitan planning organizations.'';
(2) in subsection (e)--
(A) in paragraph (1), by striking ``180 days'' and
inserting ``270 days''; and
(B) in paragraph (4), by striking ``permanent''; and
(3) by adding at the end the following:
``(l) Federal Share Flexibility Pilot Program.--
``(1) Establishment.--Not later than 180 days after the date of
enactment of the Surface Transportation Reauthorization Act of
2021, the Secretary shall establish a pilot program (referred to in
this subsection as the `pilot program') to give States additional
flexibility with respect to the Federal requirements under this
section.
``(2) Program.--
``(A) In general.--Notwithstanding any other provision of
law, a State participating in the pilot program (referred to in
this subsection as a `participating State') may determine the
Federal share on a project, multiple-project, or program basis
for projects under any of the following:
``(i) The national highway performance program under
section 119.
``(ii) The surface transportation block grant program
under section 133.
``(iii) The highway safety improvement program under
section 148.
``(iv) The congestion mitigation and air quality
improvement program under section 149.
``(v) The national highway freight program under
section 167.
``(vi) The carbon reduction program under section 175.
``(vii) Subsection (c) of the PROTECT program under
section 176.
``(B) Requirements.--
``(i) Maximum federal share.--Subject to clause (iii),
the Federal share of the cost of an individual project
carried out under a program described in subparagraph (A)
by a participating State and to which the participating
State is applying the Federal share requirements under the
pilot program may be up to 100 percent.
``(ii) Minimum federal share.--No individual project
carried out under a program described in subparagraph (A)
by a participating State and to which the participating
State is applying the Federal share requirements under the
pilot program shall have a Federal share of 0 percent.
``(iii) Determination.--The average annual Federal
share of the total cost of all projects authorized under a
program described in subparagraph (A) to which a
participating State is applying the Federal share
requirements under the pilot program shall be not more than
the average of the maximum Federal share of those projects
if those projects were not carried out under the pilot
program.
``(C) Selection.--
``(i) Application.--A State seeking to be a
participating State shall--
``(I) submit to the Secretary an application in
such form, at such time, and containing such
information as the Secretary may require; and
``(II) have in place adequate financial controls to
allow the State to determine the average annual Federal
share requirements under the pilot program.
``(ii) Requirement.--For each of fiscal years 2022
through 2026, the Secretary shall select not more than 10
States to be participating States.''.
SEC. 11108. RAILWAY-HIGHWAY GRADE CROSSINGS.
(a) In General.--Section 130(e) of title 23, United States Code, is
amended--
(1) in the heading, by striking ``Protective Devices'' and
inserting ``Railway-Highway Grade Crossings''; and
(2) in paragraph (1)--
(A) in subparagraph (A), by striking ``and the installation
of protective devices at railway-highway crossings'' in the
matter preceding clause (i) and all that follows through
``2020.'' in clause (v) and inserting the following: ``, the
installation of protective devices at railway-highway
crossings, the replacement of functionally obsolete warning
devices, and as described in subparagraph (B), not less than
$245,000,000 for each of fiscal years 2022 through 2026.''; and
(B) by striking subparagraph (B) and inserting the
following:
``(B) Reducing trespassing fatalities and injuries.--A
State may use funds set aside under subparagraph (A) for
projects to reduce pedestrian fatalities and injuries from
trespassing at grade crossings.''.
(b) Federal Share.--Section 130(f)(3) of title 23, United States
Code, is amended by striking ``90 percent'' and inserting ``100
percent''.
(c) Incentive Payments for At-grade Crossing Closures.--Section
130(i)(3)(B) of title 23, United States Code, is amended by striking
``$7,500'' and inserting ``$100,000''.
(d) Expenditure of Funds.--Section 130(k) of title 23, United
States Code, is amended by striking ``2 percent'' and inserting ``8
percent''.
(e) GAO Study.--Not later than 3 years after the date of enactment
of this Act, the Comptroller General of the United States shall submit
to Congress a report that includes an analysis of the effectiveness of
the railway-highway crossings program under section 130 of title 23,
United States Code.
(f) Sense of Congress Relating to Trespasser Deaths Along Railroad
Rights-of-way.--It is the sense of Congress that the Department should,
where feasible, coordinate departmental efforts to prevent or reduce
trespasser deaths along railroad rights-of-way and at or near railway-
highway crossings.
SEC. 11109. SURFACE TRANSPORTATION BLOCK GRANT PROGRAM.
(a) In General.--Section 133 of title 23, United States Code, is
amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (B)--
(I) by adding ``or'' at the end;
(II) by striking ``facilities eligible'' and
inserting the following: ``facilities--
``(i) that are eligible''; and
(III) by adding at the end the following:
``(ii) that are privately or majority-privately owned,
but that the Secretary determines provide a substantial
public transportation benefit or otherwise meet the
foremost needs of the surface transportation system
described in section 101(b)(3)(D);'';
(ii) in subparagraph (E), by striking ``and'' at the
end;
(iii) in subparagraph (F), by striking the period at
the end and inserting ``; and''; and
(iv) by adding at the end the following:
``(G) wildlife crossing structures.'';
(B) in paragraph (3), by inserting ``148(a)(4)(B)(xvii),''
after ``119(g),'';
(C) by redesignating paragraphs (4) through (15) as
paragraphs (5), (6), (7), (8), (9), (10), (11), (12), (13),
(20), (21), and (22), respectively;
(D) in paragraph (5) (as so redesignated), by striking
``railway-highway grade crossings'' and inserting ``projects
eligible under section 130 and installation of safety barriers
and nets on bridges'';
(E) in paragraph (7) (as so redesignated)--
(i) by inserting ``including the maintenance and
restoration of existing recreational trails,'' after
``section 206''; and
(ii) by striking ``the safe routes to school program
under section 1404 of SAFETEA-LU (23 U.S.C. 402 note)'' and
inserting ``the safe routes to school program under section
208'';
(F) by inserting after paragraph (13) (as so redesignated)
the following:
``(14) Projects and strategies designed to reduce the number of
wildlife-vehicle collisions, including project-related planning,
design, construction, monitoring, and preventative maintenance.
``(15) The installation of electric vehicle charging
infrastructure and vehicle-to-grid infrastructure.
``(16) The installation and deployment of current and emerging
intelligent transportation technologies, including the ability of
vehicles to communicate with infrastructure, buildings, and other
road users.
``(17) Planning and construction of projects that facilitate
intermodal connections between emerging transportation
technologies, such as magnetic levitation and hyperloop.
``(18) Protective features, including natural infrastructure,
to enhance the resilience of a transportation facility otherwise
eligible for assistance under this section.
``(19) Measures to protect a transportation facility otherwise
eligible for assistance under this section from cybersecurity
threats.''; and
(G) by adding at the end the following:
``(23) Rural barge landing, dock, and waterfront infrastructure
projects in accordance with subsection (j).
``(24) Projects to enhance travel and tourism.'';
(2) in subsection (c)--
(A) in paragraph (2), by striking ``paragraphs (4) through
(11)'' and inserting ``paragraphs (5) through (15) and
paragraph (23)'';
(B) in paragraph (3), by striking ``and'' at the end;
(C) by redesignating paragraph (4) as paragraph (5); and
(D) by inserting after paragraph (3) the following:
``(4) for a bridge project for the replacement of a low water
crossing (as defined by the Secretary) with a bridge; and'';
(3) in subsection (d)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by
striking ``reservation'' and inserting ``set aside''; and
(ii) in subparagraph (A)--
(I) in the matter preceding clause (i), by striking
``the percentage specified in paragraph (6) for a
fiscal year'' and inserting ``55 percent for each of
fiscal years 2022 through 2026''; and
(II) by striking clauses (ii) and (iii) and
inserting the following:
``(ii) in urbanized areas of the State with an
urbanized area population of not less than 50,000 and not
more than 200,000;
``(iii) in urban areas of the State with a population
not less than 5,000 and not more than 49,999; and
``(iv) in other areas of the State with a population
less than 5,000; and'';
(B) by striking paragraph (3) and inserting the following:
``(3) Local consultation.--
``(A) Consultation with metropolitan planning
organizations.--For purposes of clause (ii) of paragraph
(1)(A), a State shall--
``(i) establish a process to consult with all
metropolitan planning organizations in the State that
represent an urbanized area described in that clause; and
``(ii) describe how funds allocated for areas described
in that clause will be allocated equitably among the
applicable urbanized areas during the period of fiscal
years 2022 through 2026.
``(B) Consultation with regional transportation planning
organizations.--For purposes of clauses (iii) and (iv) of
paragraph (1)(A), before obligating funding attributed to an
area with a population less than 50,000, a State shall consult
with the regional transportation planning organizations that
represent the area, if any.''; and
(C) by striking paragraph (6);
(4) in subsection (e)(1), in the matter preceding subparagraph
(A), by striking ``fiscal years 2016 through 2020'' and inserting
``fiscal years 2022 through 2026'';
(5) in subsection (f)--
(A) in paragraph (1)--
(i) by inserting ``or low water crossing (as defined by
the Secretary)'' after ``a highway bridge''; and
(ii) by inserting ``or low water crossing (as defined
by the Secretary)'' after ``other than a bridge'';
(B) in paragraph (2)(A)--
(i) by striking ``activities described in subsection
(b)(2) for off-system bridges'' and inserting ``activities
described in paragraphs (1)(A) and (10) of subsection (b)
for off-system bridges, projects and activities described
in subsection (b)(1)(A) for the replacement of low water
crossings with bridges, and projects and activities
described in subsection (b)(10) for low water crossings (as
defined by the Secretary),''; and
(ii) by striking ``15 percent'' and inserting ``20
percent''; and
(C) in paragraph (3), in the matter preceding subparagraph
(A)--
(i) by striking ``bridge or rehabilitation of a
bridge'' and inserting ``bridge, rehabilitation of a
bridge, or replacement of a low water crossing (as defined
by the Secretary) with a bridge''; and
(ii) by inserting ``or, in the case of a replacement of
a low water crossing with a bridge, is determined by the
Secretary on completion to have improved the safety of the
location'' after ``no longer a deficient bridge'';
(6) in subsection (g)--
(A) in the subsection heading, by striking ``Less Than
5,000'' and inserting ``Less Than 50,000''; and
(B) by striking paragraph (1) and inserting the following:
``(1) In general.--Notwithstanding subsection (c), and except
as provided in paragraph (2), up to 15 percent of the amounts
required to be obligated by a State under clauses (iii) and (iv) of
subsection (d)(1)(A) for each fiscal year may be obligated on--
``(A) roads functionally classified as rural minor
collectors or local roads; or
``(B) on critical rural freight corridors designated under
section 167(e).''; and
(7) by adding at the end the following:
``(j) Rural Barge Landing, Dock, and Waterfront Infrastructure
Projects.--
``(1) In general.--A State may use not more than 5 percent of
the funds apportioned to the State under section 104(b)(2) for
eligible rural barge landing, dock, and waterfront infrastructure
projects described in paragraph (2).
``(2) Eligible projects.--An eligible rural barge landing,
dock, or waterfront infrastructure project referred to in paragraph
(1) is a project for the planning, designing, engineering, or
construction of a barge landing, dock, or other waterfront
infrastructure in a rural community or a Native village (as defined
in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C.
1602)) that is off the road system.
``(k) Projects in Rural Areas.--
``(1) Set aside.--Notwithstanding subsection (c), in addition
to the activities described in subsections (b) and (g), of the
amounts apportioned to a State for each fiscal year to carry out
this section, not more than 15 percent may be--
``(A) used on eligible projects under subsection (b) or
maintenance activities on roads functionally classified as
rural minor collectors or local roads, ice roads, or seasonal
roads; or
``(B) transferred to--
``(i) the Appalachian Highway System Program under
14501 of title 40; or
``(ii) the Denali access system program under section
309 of the Denali Commission Act of 1998 (42 U.S.C. 3121
note; Public Law 105-277).
``(2) Savings clause.--Amounts allocated under subsection (d)
shall not be used to carry out this subsection, except at the
request of the applicable metropolitan planning organization.''.
(b) Set-aside.--
(1) In general.--Section 133(h) of title 23, United States
Code, is amended--
(A) in paragraph (1)--
(i) in the heading, by striking ``Reservation of
funds'' and inserting ``In general''; and
(ii) in the matter preceding subparagraph (A), by
striking ``for each fiscal year'' and all that follows
through ``and'' at the end of subparagraph (A)(ii) and
inserting the following: ``for fiscal year 2022 and each
fiscal year thereafter--
``(A) the Secretary shall set aside an amount equal to 10
percent to carry out this subsection; and'';
(B) by striking paragraph (2) and inserting the following:
``(2) Allocation within a state.--
``(A) In general.--Except as provided in subparagraph (B),
funds set aside for a State under paragraph (1) shall be
obligated within that State in the manner described in
subsection (d), except that, for purposes of this paragraph
(after funds are made available under paragraph (5))--
``(i) for fiscal year 2022 and each fiscal year
thereafter, the percentage referred to in paragraph (1)(A)
of that subsection shall be deemed to be 59 percent; and
``(ii) paragraph (3) of subsection (d) shall not apply.
``(B) Local control.--A State may allocate up to 100
percent of the funds referred to in subparagraph (A)(i) if--
``(i) the State submits to the Secretary a plan that
describes--
``(I) how funds will be allocated to counties,
metropolitan planning organizations, regional
transportation planning organizations as described in
section 135(m), or local governments;
``(II) how the entities described in subclause (I)
will carry out a competitive process to select projects
for funding and report selected projects to the State;
``(III) the legal, financial, and technical
capacity of the entities described in subclause (I);
``(IV) how input was gathered from the entities
described in subclause (I) to ensure those entities
will be able to comply with the requirements of this
subsection; and
``(V) how the State will comply with paragraph (8);
and
``(ii) the Secretary approves the plan submitted under
clause (i).'';
(C) by striking paragraph (3) and inserting the following:
``(3) Eligible projects.--Funds set aside under this subsection
may be obligated for--
``(A) projects or activities described in section
101(a)(29) or 213, as those provisions were in effect on the
day before the date of enactment of the FAST Act (Public Law
114-94; 129 Stat. 1312);
``(B) projects and activities under the safe routes to
school program under section 208; and
``(C) activities in furtherance of a vulnerable road user
safety assessment (as defined in section 148(a)).'';
(D) in paragraph (4)--
(i) by striking subparagraph (A);
(ii) by redesignating subparagraph (B) as subparagraph
(A);
(iii) in subparagraph (A) (as so redesignated)--
(I) by redesignating clauses (vii) and (viii) as
clauses (viii) and (ix), respectively;
(II) by inserting after clause (vi) the following:
``(vii) a metropolitan planning organization that
serves an urbanized area with a population of 200,000 or
fewer;'';
(III) in clause (viii) (as so redesignated), by
striking ``responsible'' and all that follows through
``programs; and'' and inserting a semicolon;
(IV) in clause (ix) (as so redesignated)--
(aa) by inserting ``that serves an urbanized
area with a population of over 200,000'' after
``metropolitan planning organization''; and
(bb) by striking the period at the end and
inserting ``; and''; and
(V) by adding at the end the following:
``(x) a State, at the request of an entity described in
clauses (i) through (ix).''; and
(iv) by adding at the end the following:
``(B) Competitive process.--A State or metropolitan
planning organization required to obligate funds in accordance
with paragraph (2) shall develop a competitive process to allow
eligible entities to submit projects for funding that achieve
the objectives of this subsection.
``(C) Selection.--A metropolitan planning organization for
an area described in subsection (d)(1)(A)(i) shall select
projects under the competitive process described in
subparagraph (B) in consultation with the relevant State.
``(D) Prioritization.--The competitive process described in
subparagraph (B) shall include prioritization of project
location and impact in high-need areas as defined by the State,
such as low-income, transit-dependent, rural, or other
areas.'';
(E) in paragraph (5)(A), by striking ``reserved under this
section'' and inserting ``set aside under this subsection'';
(F) in paragraph (6)--
(i) in subparagraph (B), by striking ``reserved'' and
inserting ``set aside''; and
(ii) by adding at the end the following:
``(C) Improving accessibility and efficiency.--
``(i) In general.--A State may use an amount equal to
not more than 5 percent of the funds set aside for the
State under this subsection, after allocating funds in
accordance with paragraph (2)(A), to improve the ability of
applicants to access funding for projects under this
subsection in an efficient and expeditious manner by
providing--
``(I) to applicants for projects under this
subsection application assistance, technical
assistance, and assistance in reducing the period of
time between the selection of the project and the
obligation of funds for the project; and
``(II) funding for 1 or more full-time State
employee positions to administer this subsection.
``(ii) Use of funds.--Amounts used under clause (i) may
be expended--
``(I) directly by the State; or
``(II) through contracts with State agencies,
private entities, or nonprofit entities.'';
(G) by redesignating paragraph (7) as paragraph (8);
(H) by inserting after paragraph (6) the following:
``(7) Federal share.--
``(A) Required aggregate non-federal share.--The average
annual non-Federal share of the total cost of all projects for
which funds are obligated under this subsection in a State for
a fiscal year shall be not less than the average non-Federal
share of the cost of the projects that would otherwise apply.
``(B) Flexible financing.--Subject to subparagraph (A),
notwithstanding section 120--
``(i) funds made available to carry out section 148 may
be credited toward the non-Federal share of the costs of a
project under this subsection if the project--
``(I) is an eligible project described in section
148(e)(1); and
``(II) is consistent with the State strategic
highway safety plan (as defined in section 148(a));
``(ii) the non-Federal share for a project under this
subsection may be calculated on a project, multiple-
project, or program basis; and
``(iii) the Federal share of the cost of an individual
project in this section may be up to 100 percent.
``(C) Requirement.--Subparagraph (B) shall only apply to a
State if the State has adequate financial controls, as
certified by the Secretary, to account for the average annual
non-Federal share under this paragraph.''; and
(I) in subparagraph (A) of paragraph (8) (as so
redesignated)--
(i) in the matter preceding clause (i), by striking
``describes'' and inserting ``includes''; and
(ii) by striking clause (ii) and inserting the
following:
``(ii) a list of each project selected for funding for
each fiscal year, including, for each project--
``(I) the fiscal year during which the project was
selected;
``(II) the fiscal year in which the project is
anticipated to be funded;
``(III) the recipient;
``(IV) the location, including the congressional
district;
``(V) the type;
``(VI) the cost; and
``(VII) a brief description.''.
(2) State transferability.--Section 126(b)(2) of title 23,
United States Code, is amended--
(A) by striking the period at the end and inserting ``;
and'';
(B) by striking ``reserved for a State under section 133(h)
for a fiscal year may'' and inserting the following: ``set
aside for a State under section 133(h) for a fiscal year--
``(A) may''; and
(C) by adding at the end the following:
``(B) may only be transferred if the Secretary certifies
that the State--
``(i) held a competition in compliance with the
guidance issued to carry out section 133(h) and provided
sufficient time for applicants to apply;
``(ii) offered to each eligible entity, and provided on
request of an eligible entity, technical assistance; and
``(iii) demonstrates that there were not sufficiently
suitable applications from eligible entities to use the
funds to be transferred.''.
SEC. 11110. NATIONALLY SIGNIFICANT FREIGHT AND HIGHWAY PROJECTS.
(a) In General.--Section 117 of title 23, United States Code, is
amended--
(1) in the section heading, by inserting ``multimodal'' before
``freight'';
(2) in subsection (a)(2)--
(A) in subparagraph (A), by inserting ``in and across rural
and urban areas'' after ``people'';
(B) in subparagraph (C), by inserting ``or freight'' after
``highway'';
(C) in subparagraph (E), by inserting ``or freight'' after
``highway''; and
(D) in subparagraph (F), by inserting ``, including
highways that support movement of energy equipment'' after
``security'';
(3) in subsection (b), by adding at the end the following:
``(3) Grant administration.--The Secretary may--
``(A) retain not more than a total of 2 percent of the
funds made available to carry out this section for the National
Surface Transportation and Innovative Finance Bureau to review
applications for grants under this section; and
``(B) transfer portions of the funds retained under
subparagraph (A) to the relevant Administrators to fund the
award and oversight of grants provided under this section.'';
(4) in subsection (c)(1)--
(A) by redesignating subparagraph (H) as subparagraph (I);
and
(B) by inserting after subparagraph (G) the following:
``(H) A multistate corridor organization.'';
(5) in subsection (d)--
(A) in paragraph (1)(A)--
(i) in clause (iii)(II), by striking ``or'' at the end;
(ii) in clause (iv), by striking ``and'' at the end;
and
(iii) by adding at the end the following:
``(v) a wildlife crossing project;
``(vi) a surface transportation infrastructure project
that--
``(I) is located within the boundaries of or
functionally connected to an international border
crossing area in the United States;
``(II) improves a transportation facility owned by
a Federal, State, or local government entity; and
``(III) increases throughput efficiency of the
border crossing described in subclause (I), including--
``(aa) a project to add lanes;
``(bb) a project to add technology; and
``(cc) other surface transportation
improvements;
``(vii) a project for a marine highway corridor
designated by the Secretary under section 55601(c) of title
46 (including an inland waterway corridor), if the
Secretary determines that the project--
``(I) is functionally connected to the National
Highway Freight Network; and
``(II) is likely to reduce on-road mobile source
emissions; or
``(viii) a highway, bridge, or freight project carried
out on the National Multimodal Freight Network established
under section 70103 of title 49; and''; and
(B) in paragraph (2)(A), in the matter preceding clause
(i)--
(i) by striking ``$600,000,000'' and inserting ``30
percent''; and
(ii) by striking ``fiscal years 2016 through 2020, in
the aggregate,'' and inserting ``each of fiscal years 2022
through 2026'';
(6) in subsection (e)--
(A) in paragraph (1), by striking ``10 percent'' and
inserting ``not less than 15 percent'';
(B) in paragraph (3)--
(i) in subparagraph (A), by striking ``and'' at the
end;
(ii) in subparagraph (B), by striking the period at the
end and inserting ``; and''; and
(iii) by adding at the end the following:
``(C) the effect of the proposed project on safety on
freight corridors with significant hazards, such as high winds,
heavy snowfall, flooding, rockslides, mudslides, wildfire,
wildlife crossing onto the roadway, or steep grades.''; and
(C) by adding at the end the following:
``(4) Requirement.--Of the amounts reserved under paragraph
(1), not less than 30 percent shall be used for projects in rural
areas (as defined in subsection (i)(3)).'';
(7) in subsection (f)(2), by inserting ``(including a project
to replace or rehabilitate a culvert, or to reduce stormwater
runoff for the purpose of improving habitat for aquatic species)''
after ``environmental mitigation'';
(8) in subsection (h)--
(A) in paragraph (2), by striking ``and'' at the end;
(B) in paragraph (3), by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following:
``(4) enhancement of freight resilience to natural hazards or
disasters, including high winds, heavy snowfall, flooding,
rockslides, mudslides, wildfire, wildlife crossing onto the
roadway, or steep grades;
``(5) whether the project will improve the shared
transportation corridor of a multistate corridor organization, if
applicable; and
``(6) prioritizing projects located in States in which neither
the State nor an eligible entity in that State has been awarded a
grant under this section.'';
(9) in subsection (i)(2), by striking ``other grants under this
section'' and inserting ``grants under subsection (e)'';
(10) in subsection (j)--
(A) by striking the subsection designation and heading and
all that follows through ``The Federal share'' in paragraph (1)
and inserting the following:
``(j) Federal Assistance.--
``(1) Federal share.--
``(A) In general.--Except as provided in subparagraph (B)
or for a grant under subsection (q), the Federal share'';
(B) in paragraph (1), by adding at the end the following:
``(B) Small projects.--In the case of a project described
in subsection (e)(1), the Federal share of the cost of the
project shall be 80 percent.''; and
(C) in paragraph (2)--
(i) by striking ``Federal assistance other'' and
inserting ``Except for grants under subsection (q), Federal
assistance other''; and
(ii) by striking ``except that the total Federal'' and
inserting the following: ``except that--
``(A) for a State with a population density of not more
than 80 persons per square mile of land area, based on the 2010
census, the maximum share of the total Federal assistance
provided for a project receiving a grant under this section
shall be the applicable share under section 120(b); and
``(B) for a State not described in subparagraph (A), the
total Federal'';
(11) by redesignating subsections (k) through (n) as
subsections (l), (m), (n), and (p), respectively;
(12) by inserting after subsection (j) the following:
``(k) Efficient Use of Non-Federal Funds.--
``(1) In general.--Notwithstanding any other provision of law
and subject to approval by the Secretary under paragraph (2)(B), in
the case of any grant for a project under this section, during the
period beginning on the date on which the grant recipient is
selected and ending on the date on which the grant agreement is
signed--
``(A) the grant recipient may obligate and expend non-
Federal funds with respect to the project for which the grant
is provided; and
``(B) any non-Federal funds obligated or expended in
accordance with subparagraph (A) shall be credited toward the
non-Federal cost share for the project for which the grant is
provided.
``(2) Requirements.--
``(A) Application.--In order to obligate and expend non-
Federal funds under paragraph (1), the grant recipient shall
submit to the Secretary a request to obligate and expend non-
Federal funds under that paragraph, including--
``(i) a description of the activities the grant
recipient intends to fund;
``(ii) a justification for advancing the activities
described in clause (i), including an assessment of the
effects to the project scope, schedule, and budget if the
request is not approved; and
``(iii) the level of risk of the activities described
in clause (i).
``(B) Approval.--The Secretary shall approve or disapprove
each request submitted under subparagraph (A).
``(C) Compliance with applicable requirements.--Any non-
Federal funds obligated or expended under paragraph (1) shall
comply with all applicable requirements, including any
requirements included in the grant agreement.
``(3) Effect.--The obligation or expenditure of any non-Federal
funds in accordance with this subsection shall not--
``(A) affect the signing of a grant agreement or other
applicable grant procedures with respect to the applicable
grant;
``(B) create an obligation on the part of the Federal
Government to repay any non-Federal funds if the grant
agreement is not signed; or
``(C) affect the ability of the recipient of the grant to
obligate or expend non-Federal funds to meet the non-Federal
cost share for the project for which the grant is provided
after the period described in paragraph (1).'';
(13) in subsection (n) (as so redesignated), by striking
paragraph (1) and inserting the following:
``(1) In general.--Not later than 60 days before the date on
which a grant is provided for a project under this section, the
Secretary shall submit to the Committees on Commerce, Science, and
Transportation and Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives a report describing the proposed grant, including--
``(A) an evaluation and justification for the applicable
project; and
``(B) a description of the amount of the proposed grant
award.'';
(14) by inserting after subsection (n) (as so redesignated) the
following:
``(o) Applicant Notification.--
``(1) In general.--Not later than 60 days after the date on
which a grant recipient for a project under this section is
selected, the Secretary shall provide to each eligible applicant
not selected for that grant a written notification that the
eligible applicant was not selected.
``(2) Inclusion.--A written notification under paragraph (1)
shall include an offer for a written or telephonic debrief by the
Secretary that will provide--
``(A) detail on the evaluation of the application of the
eligible applicant; and
``(B) an explanation of and guidance on the reasons the
application was not selected for a grant under this section.
``(3) Response.--
``(A) In general.--Not later than 30 days after the
eligible applicant receives a written notification under
paragraph (1), if the eligible applicant opts to receive a
debrief described in paragraph (2), the eligible applicant
shall notify the Secretary that the eligible applicant is
requesting a debrief.
``(B) Debrief.--If the eligible applicant submits a request
for a debrief under subparagraph (A), the Secretary shall
provide the debrief by not later than 60 days after the date on
which the Secretary receives the request for a debrief.''; and
(15) by striking subsection (p) (as so redesignated) and
inserting the following:
``(p) Reports.--
``(1) Annual report.--
``(A) In general.--Notwithstanding any other provision of
law, not later than 30 days after the date on which the
Secretary selects a project for funding under this section, the
Secretary shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report
that describes the reasons for selecting the project, based on
any criteria established by the Secretary in accordance with
this section.
``(B) Inclusions.--The report submitted under subparagraph
(A) shall specify each criterion established by the Secretary
that the project meets.
``(C) Availability.--The Secretary shall make available on
the website of the Department of Transportation the report
submitted under subparagraph (A).
``(D) Applicability.--This paragraph applies to all
projects described in subparagraph (A) that the Secretary
selects on or after October 1, 2021.
``(2) Comptroller general.--
``(A) Assessment.--The Comptroller General of the United
States shall conduct an assessment of the establishment,
solicitation, selection, and justification process with respect
to the funding of projects under this section.
``(B) Report.--Not later than 1 year after the date of
enactment of the Surface Transportation Reauthorization Act of
2021 and annually thereafter, the Comptroller General of the
United States shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report
that describes, for each project selected to receive funding
under this section--
``(i) the process by which each project was selected;
``(ii) the factors that went into the selection of each
project; and
``(iii) the justification for the selection of each
project based on any criteria established by the Secretary
in accordance with this section.
``(3) Inspector general.--Not later than 1 year after the date
of enactment of the Surface Transportation Reauthorization Act of
2021 and annually thereafter, the Inspector General of the
Department of Transportation shall--
``(A) conduct an assessment of the establishment,
solicitation, selection, and justification process with respect
to the funding of projects under this section; and
``(B) submit to the Committee on Environment and Public
Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a final report
that describes the findings of the Inspector General of the
Department of Transportation with respect to the assessment
conducted under subparagraph (A).
``(q) State Incentives Pilot Program.--
``(1) Establishment.--There is established a pilot program to
award grants to eligible applicants for projects eligible for
grants under this section (referred to in this subsection as the
`pilot program').
``(2) Priority.--In awarding grants under the pilot program,
the Secretary shall give priority to an application that offers a
greater non-Federal share of the cost of a project relative to
other applications under the pilot program.
``(3) Federal share.--
``(A) In general.--Notwithstanding any other provision of
law, the Federal share of the cost of a project assisted with a
grant under the pilot program may not exceed 50 percent.
``(B) No federal involvement.--
``(i) In general.--For grants awarded under the pilot
program, except as provided in clause (ii), an eligible
applicant may not use Federal assistance to satisfy the
non-Federal share of the cost under subparagraph (A).
``(ii) Exception.--An eligible applicant may use funds
from a secured loan (as defined in section 601(a)) to
satisfy the non-Federal share of the cost under
subparagraph (A) if the loan is repayable from non-Federal
funds.
``(4) Reservation.--
``(A) In general.--Of the amounts made available to provide
grants under this section, the Secretary shall reserve for each
fiscal year $150,000,000 to provide grants under the pilot
program.
``(B) Unutilized amounts.--In any fiscal year during which
applications under this subsection are insufficient to effect
an award or allocation of the entire amount reserved under
subparagraph (A), the Secretary shall use the unutilized
amounts to provide other grants under this section.
``(5) Set-asides.--
``(A) Small projects.--
``(i) In general.--Of the amounts reserved under
paragraph (4)(A), the Secretary shall reserve for each
fiscal year not less than 10 percent for projects eligible
for a grant under subsection (e).
``(ii) Requirement.--For a grant awarded from the
amount reserved under clause (i)--
``(I) the requirements of subsection (e) shall
apply; and
``(II) the requirements of subsection (g) shall not
apply.
``(B) Rural projects.--
``(i) In general.--Of the amounts reserved under
paragraph (4)(A), the Secretary shall reserve for each
fiscal year not less than 25 percent for projects eligible
for a grant under subsection (i).
``(ii) Requirement.--For a grant awarded from the
amount reserved under clause (i), the requirements of
subsection (i) shall apply.
``(6) Report to congress.--Not later than 2 years after the
date of enactment of this subsection, the Secretary shall submit to
the Committee on Environment and Public Works and the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report that describes the administration of the
pilot program, including--
``(A) the number, types, and locations of eligible
applicants that have applied for grants under the pilot
program;
``(B) the number, types, and locations of grant recipients
under the pilot program;
``(C) an assessment of whether implementation of the pilot
program has incentivized eligible applicants to offer a greater
non-Federal share for grants under the pilot program; and
``(D) any recommendations for modifications to the pilot
program.
``(r) Multistate Corridor Organization Defined.--For purposes of
this section, the term `multistate corridor organization' means an
organization of a group of States developed through cooperative
agreements, coalitions, or other arrangements to promote regional
cooperation, planning, and shared project implementation for programs
and projects to improve transportation system management and operations
for a shared transportation corridor.
``(s) Additional Authorization of Appropriations.--In addition to
amounts made available from the Highway Trust Fund, there are
authorized to be appropriated to carry out this section, to remain
available for a period of 3 fiscal years following the fiscal year for
which the amounts are appropriated--
``(1) $1,000,000,000 for fiscal year 2022;
``(2) $1,100,000,000 for fiscal year 2023;
``(3) $1,200,000,000 for fiscal year 2024;
``(4) $1,300,000,000 for fiscal year 2025; and
``(5) $1,400,000,000 for fiscal year 2026.''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by striking the item relating to section
117 and inserting the following:
``117. Nationally significant multimodal freight and highway
projects.''.
(c) Efficient Use of Non-Federal Funds.--
(1) In general.--Notwithstanding any other provision of law, in
the case of a grant described in paragraph (2), section 117(k) of
title 23, United States Code, shall apply to the grant as if the
grant was a grant provided under that section.
(2) Grant described.--A grant referred to in paragraph (1) is a
grant that is--
(A) provided under a competitive discretionary grant
program administered by the Federal Highway Administration;
(B) for a project eligible under title 23, United States
Code; and
(C) in an amount greater than $5,000,000.
SEC. 11111. HIGHWAY SAFETY IMPROVEMENT PROGRAM.
(a) In General.--Section 148 of title 23, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (4)(B)--
(i) in clause (i), by inserting ``that provides for the
safety of all road users, as appropriate, including a
multimodal roundabout'' after ``improvement'';
(ii) in clause (vi), by inserting ``or a grade
separation project'' after ``devices'';
(iii) by striking clause (viii) and inserting the
following:
``(viii) Construction or installation of features,
measures, and road designs to calm traffic and reduce
vehicle speeds.'';
(iv) by striking clause (xxvi) and inserting the
following:
``(xxvi) Installation or upgrades of traffic control
devices for pedestrians and bicyclists, including
pedestrian hybrid beacons and the addition of bicycle
movement phases to traffic signals.''; and
(v) by striking clauses (xxvii) and (xxviii) and
inserting the following:
``(xxvii) Roadway improvements that provide separation
between pedestrians and motor vehicles or between
bicyclists and motor vehicles, including medians,
pedestrian crossing islands, protected bike lanes, and
protected intersection features.
``(xxviii) A pedestrian security feature designed to
slow or stop a motor vehicle.
``(xxix) A physical infrastructure safety project not
described in clauses (i) through (xxviii).'';
(B) by redesignating paragraphs (9) through (12) as
paragraphs (10), (12), (13), and (14), respectively;
(C) by inserting after paragraph (8) the following:
``(9) Safe system approach.--The term `safe system approach'
means a roadway design--
``(A) that emphasizes minimizing the risk of injury or
fatality to road users; and
``(B) that--
``(i) takes into consideration the possibility and
likelihood of human error;
``(ii) accommodates human injury tolerance by taking
into consideration likely accident types, resulting impact
forces, and the ability of the human body to withstand
impact forces; and
``(iii) takes into consideration vulnerable road
users.'';
(D) by inserting after paragraph (10) (as so redesignated)
the following:
``(11) Specified safety project.--
``(A) In general.--The term `specified safety project'
means a project carried out for the purpose of safety under any
other section of this title that is consistent with the State
strategic highway safety plan.
``(B) Inclusion.--The term `specified safety project'
includes a project that--
``(i) promotes public awareness and informs the public
regarding highway safety matters (including safety for
motorcyclists, bicyclists, pedestrians, individuals with
disabilities, and other road users);
``(ii) facilitates enforcement of traffic safety laws;
``(iii) provides infrastructure and infrastructure-
related equipment to support emergency services;
``(iv) conducts safety-related research to evaluate
experimental safety countermeasures or equipment; or
``(v) supports safe routes to school noninfrastructure-
related activities described in section 208(g)(2).'';
(E) in paragraph (13) (as so redesignated)--
(i) by redesignating subparagraphs (G), (H), and (I) as
subparagraphs (H), (I), and (J), respectively; and
(ii) by inserting after subparagraph (F) the following;
``(G) includes a vulnerable road user safety assessment;'';
and
(F) by adding at the end the following:
``(15) Vulnerable road user.--The term `vulnerable road user'
means a nonmotorist--
``(A) with a fatality analysis reporting system person
attribute code that is included in the definition of the term
`number of non-motorized fatalities' in section 490.205 of
title 23, Code of Federal Regulations (or successor
regulations); or
``(B) described in the term `number of non-motorized
serious injuries' in that section.
``(16) Vulnerable road user safety assessment.--The term
`vulnerable road user safety assessment' means an assessment of the
safety performance of the State with respect to vulnerable road
users and the plan of the State to improve the safety of vulnerable
road users as described in subsection (l).'';
(2) in subsection (c)--
(A) in paragraph (1)(A), by striking ``subsections
(a)(11)'' and inserting ``subsections (a)(13)''; and
(B) in paragraph (2)--
(i) in subparagraph (A)(vi), by inserting ``and to
differentiate the safety data for vulnerable road users,
including bicyclists, motorcyclists, and pedestrians, from
other road users'' after ``crashes'';
(ii) in subparagraph (B)(i), by striking ``(including
motorcyclists), bicyclists, pedestrians,'' and inserting
``, vulnerable road users (including motorcyclists,
bicyclists, pedestrians),''; and
(iii) in subparagraph (D)--
(I) in clause (iv), by striking ``and'' at the end;
(II) in clause (v), by striking the semicolon at
the end and inserting ``; and''; and
(III) by adding at the end the following:
``(vi) improves the ability of the State to
differentiate the fatalities and serious injuries of
vulnerable road users, including bicyclists, motorcyclists,
and pedestrians, from other road users;'';
(3) in subsection (d)(2)(B)(i), by striking ``subsection
(a)(11)'' and inserting ``subsection (a)(13)'';
(4) in subsection (e), by adding at the end the following:
``(3) Flexible funding for specified safety projects.--
``(A) In general.--To advance the implementation of a State
strategic highway safety plan, a State may use not more than 10
percent of the amounts apportioned to the State under section
104(b)(3) for a fiscal year to carry out specified safety
projects.
``(B) Rule of construction.--Nothing in this paragraph
requires a State to revise any State process, plan, or program
in effect on the date of enactment of this paragraph.
``(C) Effect of paragraph.--
``(i) Requirements.--A project carried out under this
paragraph shall be subject to all requirements under this
section that apply to a highway safety improvement project.
``(ii) Other apportioned programs.--Nothing in this
paragraph prohibits the use of funds made available under
other provisions of this title for a specified safety
project that is a noninfrastructure project.'';
(5) in subsection (g), by adding at the end the following:
``(3) Vulnerable road user safety.--If the total annual
fatalities of vulnerable road users in a State represents not less
than 15 percent of the total annual crash fatalities in the State,
that State shall be required to obligate not less than 15 percent
of the amounts apportioned to the State under section 104(b)(3) for
the following fiscal year for highway safety improvement projects
to address the safety of vulnerable road users.''; and
(6) by adding at the end the following:
``(l) Vulnerable Road User Safety Assessment.--
``(1) In general.--Not later than 2 years after the date of
enactment of this subsection, each State shall complete a
vulnerable road user safety assessment.
``(2) Contents.--A vulnerable road user safety assessment under
paragraph (1) shall include--
``(A) a quantitative analysis of vulnerable road user
fatalities and serious injuries that--
``(i) includes data such as location, roadway
functional classification, design speed, speed limit, and
time of day;
``(ii) considers the demographics of the locations of
fatalities and serious injuries, including race, ethnicity,
income, and age; and
``(iii) based on the data, identifies areas as `high-
risk' to vulnerable road users; and
``(B) a program of projects or strategies to reduce safety
risks to vulnerable road users in areas identified as high-risk
under subparagraph (A)(iii).
``(3) Use of data.--In carrying out a vulnerable road user
safety assessment under paragraph (1), a State shall use data from
the most recent 5-year period for which data is available.
``(4) Requirements.--In carrying out a vulnerable road user
safety assessment under paragraph (1), a State shall--
``(A) take into consideration a safe system approach; and
``(B) consult with local governments, metropolitan planning
organizations, and regional transportation planning
organizations that represent a high-risk area identified under
paragraph (2)(A)(iii).
``(5) Update.--A State shall update the vulnerable road user
safety assessment of the State in accordance with the updates
required to the State strategic highway safety plan under
subsection (d).
``(6) Requirement for transportation system access.--The
program of projects developed under paragraph (2)(B) may not
degrade transportation system access for vulnerable road users.
``(7) Guidance.--
``(A) In general.--Not later than 1 year after the date of
enactment of this subsection, the Secretary shall develop
guidance for States to carry out this subsection.
``(B) Consultation.--In developing the guidance under this
paragraph, the Secretary shall consult with the States and
relevant safety stakeholders.''.
(b) High-risk Rural Roads.--
(1) Study.--Not later than 2 years after the date of enactment
of this Act, the Secretary shall update the study under section
1112(b)(1) of MAP-21 (23 U.S.C. 148 note; Public Law 112-141).
(2) Publication of report.--Not later than 2 years after the
date of enactment of this Act, the Secretary shall publish on the
website of the Department of Transportation an update to the report
described in section 1112(b)(2) of MAP-21 (23 U.S.C. 148 note;
Public Law 112-141).
(3) Best practices manual.--Not later than 180 days after the
date on which the report is published under paragraph (2), the
Secretary shall update the best practices manual described in
section 1112(b)(3) of MAP-21 (23 U.S.C. 148 note; Public Law 112-
141).
SEC. 11112. FEDERAL LANDS TRANSPORTATION PROGRAM.
Section 203(a) of title 23, United States Code, is amended--
(1) in paragraph (1)(D), by striking ``$10,000,000'' and
inserting ``$20,000,000''; and
(2) by adding at the end the following:
``(6) Native plant materials.--In carrying out an activity
described in paragraph (1), the entity carrying out the activity
shall consider, to the maximum extent practicable--
``(A) the use of locally adapted native plant materials;
and
``(B) designs that minimize runoff and heat generation.''.
SEC. 11113. FEDERAL LANDS ACCESS PROGRAM.
(a) Federal Share.--Section 201 of title 23, United States Code, is
amended--
(1) in subsection (b)(7)(B), by striking ``determined in
accordance with section 120'', and inserting ``be up to 100
percent''; and
(2) in subsection (c)(8)(A), by striking ``5 percent'' and
inserting ``20 percent''.
(b) Federal Lands Access Program.--Section 204(a) of title 23,
United States Code, is amended--
(1) in paragraph (1)(A)--
(A) in the matter preceding clause (i), by inserting
``context-sensitive solutions,'' after ``restoration,'';
(B) in clause (i), by inserting ``, including interpretive
panels in or adjacent to those areas'' after ``areas'';
(C) in clause (v), by striking ``and'' at the end;
(D) by redesignating clause (vi) as clause (ix); and
(E) by inserting after clause (v) the following:
``(vi) contextual wayfinding markers;
``(vii) landscaping;
``(viii) cooperative mitigation of visual blight,
including screening or removal; and''; and
(2) by adding at the end the following:
``(6) Native plant materials.--In carrying out an activity
described in paragraph (1), the Secretary shall ensure that the
entity carrying out the activity considers, to the maximum extent
practicable--
``(A) the use of locally adapted native plant materials;
and
``(B) designs that minimize runoff and heat generation.''.
SEC. 11114. NATIONAL HIGHWAY FREIGHT PROGRAM.
Section 167 of title 23, United States Code, is amended--
(1) in subsection (e)--
(A) in paragraph (2), by striking ``150 miles'' and
inserting ``300 miles''; and
(B) by adding at the end the following:
``(3) Rural states.--Notwithstanding paragraph (2), a State
with a population per square mile of area that is less than the
national average, based on the 2010 census, may designate as
critical rural freight corridors a maximum of 600 miles of highway
or 25 percent of the primary highway freight system mileage in the
State, whichever is greater.'';
(2) in subsection (f)(4), by striking ``75 miles'' and
inserting ``150 miles''; and
(3) in subsection (i)(5)(B)--
(A) in the matter preceding clause (i), by striking ``10
percent'' and inserting ``30 percent'';
(B) in clause (i), by striking ``and'' at the end;
(C) in clause (ii), by striking the period at the end and
inserting a semicolon; and
(D) by adding at the end the following:
``(iii) for the modernization or rehabilitation of a
lock and dam, if the Secretary determines that the
project--
``(I) is functionally connected to the National
Highway Freight Network; and
``(II) is likely to reduce on-road mobile source
emissions; and
``(iv) on a marine highway corridor, connector, or
crossing designated by the Secretary under section 55601(c)
of title 46 (including an inland waterway corridor,
connector, or crossing), if the Secretary determines that
the project--
``(I) is functionally connected to the National
Highway Freight Network; and
``(II) is likely to reduce on-road mobile source
emissions.''.
SEC. 11115. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM.
Section 149 of title 23, United States Code, is amended--
(1) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``subsection (d)'' and inserting ``subsections (d) and
(m)(1)(B)(ii)''
(B) in paragraph (7), by inserting ``shared micromobility
(including bikesharing and shared scooter systems),'' after
``carsharing,'';
(C) in paragraph (8)--
(i) in subparagraph (A)--
(I) in the matter preceding clause (i), by
inserting ``replacements or'' before ``retrofits'';
(II) by striking clause (i) and inserting the
following:
``(i) verified technologies (as defined in section 791
of the Energy Policy Act of 2005 (42 U.S.C. 16131)) for
motor vehicles (as defined in section 216 of the Clean Air
Act (42 U.S.C. 7550)); or''; and
(III) in clause (ii)(II), by striking ``or'' at the
end; and
(ii) in subparagraph (B), by inserting ``replacements
or'' before ``retrofits''; and
(iii) by adding at the end the following:
``(C) the purchase of medium- or heavy-duty zero emission
vehicles and related charging equipment;'';
(D) in paragraph (9), by striking the period at the end and
inserting a semicolon; and
(E) by adding at the end the following:
``(10) if the project is for the modernization or
rehabilitation of a lock and dam that--
``(A) is functionally connected to the Federal-aid highway
system; and
``(B) the Secretary determines is likely to contribute to
the attainment or maintenance of a national ambient air quality
standard; or
``(11) if the project is on a marine highway corridor,
connector, or crossing designated by the Secretary under section
55601(c) of title 46 (including an inland waterway corridor,
connector, or crossing) that--
``(A) is functionally connected to the Federal-aid highway
system; and
``(B) the Secretary determines is likely to contribute to
the attainment or maintenance of a national ambient air quality
standard.'';
(2) in subsection (c), by adding at the end the following:
``(4) Locks and dams; marine highways.--For each fiscal year, a
State may not obligate more than 10 percent of the funds
apportioned to the State under section 104(b)(4) for projects
described in paragraphs (10) and (11) of subsection (b).'';
(3) in subsection (f)(4)(A), by inserting ``and nonroad
vehicles and nonroad engines used in construction projects or port-
related freight operations'' after ``motor vehicles'';
(4) in subsection (g)--
(A) in paragraph (1)(B)--
(i) in the subparagraph heading, by inserting
``replacement or'' before ``retrofit'';
(ii) by striking ``The term `diesel retrofit''' and
inserting ``The term `diesel replacement or retrofit''';
and
(iii) by inserting ``or retrofit'' after
``replacement'';
(B) in paragraph (2), in the matter preceding subparagraph
(A), by inserting ``replacement or'' before ``retrofit''; and
(C) in paragraph (3), by inserting ``replacements or''
before ``retrofits'';
(5) in subsection (k)(1), by striking ``that reduce such fine
particulate matter emissions in such area, including diesel
retrofits.'' and inserting ``that--
``(A) reduce such fine particulate matter emissions in such
area, including diesel replacements or retrofits; and
``(B) to the extent practicable, prioritize benefits to
disadvantaged communities or low-income populations living in,
or immediately adjacent to, such area.'';
(6) in subsection (l), by adding at the following:
``(3) Assistance to metropolitan planning organizations.--
``(A) In general.--On the request of a metropolitan
planning organization, the Secretary may assist the
metropolitan planning organization tracking progress made in
minority or low-income populations as part of a performance
plan under this subsection.
``(B) Savings provision.--Nothing in this paragraph
provides the Secretary the authority--
``(i) to change the performance measures under section
150(c)(5) or the performance targets established under
section 134(h)(2) or 150(d); or
``(ii) to establish any other Federal requirement.'';
and
(7) by striking subsection (m) and inserting the following:
``(m) Operating Assistance.--
``(1) In general.--A State may obligate funds apportioned under
section 104(b)(4) in an area of the State that is otherwise
eligible for obligations of such funds for operating costs--
``(A) under chapter 53 of title 49; or
``(B) on--
``(i) a system for which CMAQ funding was eligible,
made available, obligated, or expended in fiscal year 2012;
or
``(ii) a State-supported Amtrak route with a valid
cost-sharing agreement under section 209 of the Passenger
Rail Investment and Improvement Act of 2008 (49 U.S.C.
24101 note; Public Law 110-432) and no current
nonattainment areas under subsection (d).
``(2) No time limitation.--Operating assistance provided under
paragraph (1) shall have no imposed time limitation if the
operating assistance is for--
``(A) a route described in subparagraph (B) of that
paragraph; or
``(B) a transit system that is located in--
``(i) a non-urbanized area; or
``(ii) an urbanized area with a population of 200,000
or fewer.''.
SEC. 11116. ALASKA HIGHWAY.
Section 218 of title 23, United States Code, is amended to read as
follows:
``Sec. 218. Alaska Highway
``(a) Recognizing the benefits that will accrue to the State of
Alaska and to the United States from the reconstruction of the Alaska
Highway from the Alaskan border at Beaver Creek, Yukon Territory, to
Haines Junction in Canada and the Haines Cutoff Highway from Haines
Junction in Canada to Haines, Alaska, the Secretary may provide for the
necessary reconstruction of the highway using funds awarded through an
applicable competitive grant program, if the highway meets all
applicable eligibility requirements for the program, except for the
specific requirements established by the agreement for the Alaska
Highway Project between the Government of the United States and the
Government of Canada. In addition to the funds described in the
previous sentence, notwithstanding any other provision of law and on
agreement with the State of Alaska, the Secretary is authorized to
expend on such highway or the Alaska Marine Highway System any Federal-
aid highway funds apportioned to the State of Alaska under this title
at a Federal share of 100 per centum. No expenditures shall be made for
the construction of the portion of such highways that are in Canada
unless an agreement is in place between the Government of Canada and
the Government of the United States (including an agreement in
existence on the date of enactment of the Surface Transportation
Reauthorization Act of 2021) that provides, in part, that the Canadian
Government--
``(1) will provide, without participation of funds authorized
under this title, all necessary right-of-way for the reconstruction
of such highways;
``(2) will not impose any highway toll, or permit any such toll
to be charged for the use of such highways by vehicles or persons;
``(3) will not levy or assess, directly or indirectly, any fee,
tax, or other charge for the use of such highways by vehicles or
persons from the United States that does not apply equally to
vehicles or persons of Canada;
``(4) will continue to grant reciprocal recognition of vehicle
registration and driver's licenses in accordance with agreements
between the United States and Canada; and
``(5) will maintain such highways after their completion in
proper condition adequately to serve the needs of present and
future traffic.
``(b) The survey and construction work undertaken in Canada
pursuant to this section shall be under the general supervision of the
Secretary.
``(c) For purposes of this section, the term `Alaska Marine Highway
System' includes all existing or planned transportation facilities and
equipment in Alaska, including the lease, purchase, or construction of
vessels, terminals, docks, floats, ramps, staging areas, parking lots,
bridges and approaches thereto, and necessary roads.
``(d) Notwithstanding any other provision of law, a project
assisted under this section in the State of Alaska shall be treated as
a project on a Federal-aid highway under chapter 1.''.
SEC. 11117. TOLL ROADS, BRIDGES, TUNNELS, AND FERRIES.
(a) In General.--Section 129(c) of title 23, United States Code, is
amended in the matter preceding paragraph (1) by striking ``the
construction of ferry boats and ferry terminal facilities, whether toll
or free,'' and inserting ``the construction of ferry boats and ferry
terminal facilities (including ferry maintenance facilities), whether
toll or free, and the procurement of transit vehicles used exclusively
as an integral part of an intermodal ferry trip,''.
(b) Diesel Fuel Ferry Vessels.--
(1) In general.--Notwithstanding section 147(b), in the case of
a project to replace or retrofit a diesel fuel ferry vessel that
provides substantial emissions reductions, the Federal share of the
cost of the project may be up to 85 percent, as determined by the
State.
(2) Sunset.--The authority provided by paragraph (1) shall
terminate on September 30, 2025.
SEC. 11118. BRIDGE INVESTMENT PROGRAM.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by inserting after section 123 the following:
``Sec. 124. Bridge investment program
``(a) Definitions.--In this section:
``(1) Eligible project.--
``(A) In general.--The term `eligible project' means a
project to replace, rehabilitate, preserve, or protect 1 or
more bridges on the National Bridge Inventory under section
144(b).
``(B) Inclusions.--The term `eligible project' includes--
``(i) a bundle of projects described in subparagraph
(A), regardless of whether the bundle of projects meets the
requirements of section 144(j)(5); and
``(ii) a project to replace or rehabilitate culverts
for the purpose of improving flood control and improved
habitat connectivity for aquatic species.
``(2) Large project.--The term `large project' means an
eligible project with total eligible project costs of greater than
$100,000,000.
``(3) Program.--The term `program' means the bridge investment
program established by subsection (b)(1).
``(b) Establishment of Bridge Investment Program.--
``(1) In general.--There is established a bridge investment
program to provide financial assistance for eligible projects under
this section.
``(2) Goals.--The goals of the program shall be--
``(A) to improve the safety, efficiency, and reliability of
the movement of people and freight over bridges;
``(B) to improve the condition of bridges in the United
States by reducing--
``(i) the number of bridges--
``(I) in poor condition; or
``(II) in fair condition and at risk of falling
into poor condition within the next 3 years;
``(ii) the total person miles traveled over bridges--
``(I) in poor condition; or
``(II) in fair condition and at risk of falling
into poor condition within the next 3 years;
``(iii) the number of bridges that--
``(I) do not meet current geometric design
standards; or
``(II) cannot meet the load and traffic
requirements typical of the regional transportation
network; and
``(iv) the total person miles traveled over bridges
that--
``(I) do not meet current geometric design
standards; or
``(II) cannot meet the load and traffic
requirements typical of the regional transportation
network; and
``(C) to provide financial assistance that leverages and
encourages non-Federal contributions from sponsors and
stakeholders involved in the planning, design, and construction
of eligible projects.
``(c) Grant Authority.--
``(1) In general.--In carrying out the program, the Secretary
may award grants, on a competitive basis, in accordance with this
section.
``(2) Grant amounts.--Except as otherwise provided, a grant
under the program shall be--
``(A) in the case of a large project, in an amount that
is--
``(i) adequate to fully fund the project (in
combination with other financial resources identified in
the application); and
``(ii) not less than $50,000,000; and
``(B) in the case of any other eligible project, in an
amount that is--
``(i) adequate to fully fund the project (in
combination with other financial resources identified in
the application); and
``(ii) not less than $2,500,000.
``(3) Maximum amount.--Except as otherwise provided, for an
eligible project receiving assistance under the program, the amount
of assistance provided by the Secretary under this section, as a
share of eligible project costs, shall be--
``(A) in the case of a large project, not more than 50
percent; and
``(B) in the case of any other eligible project, not more
than 80 percent.
``(4) Federal share.--
``(A) Maximum federal involvement.--Federal assistance
other than a grant under the program may be used to satisfy the
non-Federal share of the cost of a project for which a grant is
made, except that the total Federal assistance provided for a
project receiving a grant under the program may not exceed the
Federal share for the project under section 120.
``(B) Off-system bridges.--In the case of an eligible
project for an off-system bridge (as defined in section
133(f)(1))--
``(i) Federal assistance other than a grant under the
program may be used to satisfy the non-Federal share of the
cost of a project; and
``(ii) notwithstanding subparagraph (A), the total
Federal assistance provided for the project shall not
exceed 90 percent of the total eligible project costs.
``(C) Federal land management agencies and tribal
governments.--Notwithstanding any other provision of law,
Federal funds other than Federal funds made available under
this section may be used to pay the remaining share of the cost
of a project under the program by a Federal land management
agency or a Tribal government or consortium of Tribal
governments.
``(5) Considerations.--
``(A) In general.--In awarding grants under the program,
the Secretary shall consider--
``(i) in the case of a large project, the ratings
assigned under subsection (g)(5)(A);
``(ii) in the case of an eligible project other than a
large project, the quality rating assigned under subsection
(f)(3)(A)(ii);
``(iii) the average daily person and freight throughput
supported by the eligible project;
``(iv) the number and percentage of bridges within the
same State as the eligible project that are in poor
condition;
``(v) the extent to which the eligible project
demonstrates cost savings by bundling multiple bridge
projects;
``(vi) in the case of an eligible project of a Federal
land management agency, the extent to which the grant would
reduce a Federal liability or Federal infrastructure
maintenance backlog;
``(vii) geographic diversity among grant recipients,
including the need for a balance between the needs of rural
and urban communities; and
``(viii) the extent to which a bridge that would be
assisted with a grant--
``(I) is, without that assistance--
``(aa) at risk of falling into or remaining in
poor condition; or
``(bb) in fair condition and at risk of falling
into poor condition within the next 3 years;
``(II) does not meet current geometric design
standards based on--
``(aa) the current use of the bridge; or
``(bb) load and traffic requirements typical of
the regional corridor or local network in which the
bridge is located; or
``(III) does not meet current seismic design
standards.
``(B) Requirement.--The Secretary shall--
``(i) give priority to an application for an eligible
project that is located within a State for which--
``(I) 2 or more applications for eligible projects
within the State were submitted for the current fiscal
year and an average of 2 or more applications for
eligible projects within the State were submitted in
prior fiscal years of the program; and
``(II) fewer than 2 grants have been awarded for
eligible projects within the State under the program;
``(ii) during the period of fiscal years 2022 through
2026, for each State described in clause (i), select--
``(I) not fewer than 1 large project that the
Secretary determines is justified under the evaluation
under subsection (g)(4); or
``(II) 2 eligible projects that are not large
projects that the Secretary determines are justified
under the evaluation under subsection (f)(3); and
``(iii) not be required to award a grant for an
eligible project that the Secretary does not determine is
justified under an evaluation under subsection (f)(3) or
(g)(4).
``(6) Culvert limitation.--Not more than 5 percent of the
amounts made available for each fiscal year for grants under the
program may be used for eligible projects that consist solely of
culvert replacement or rehabilitation.
``(d) Eligible Entity.--The Secretary may make a grant under the
program to any of the following:
``(1) A State or a group of States.
``(2) A metropolitan planning organization that serves an
urbanized area (as designated by the Bureau of the Census) with a
population of over 200,000.
``(3) A unit of local government or a group of local
governments.
``(4) A political subdivision of a State or local government.
``(5) A special purpose district or public authority with a
transportation function.
``(6) A Federal land management agency.
``(7) A Tribal government or a consortium of Tribal
governments.
``(8) A multistate or multijurisdictional group of entities
described in paragraphs (1) through (7).
``(e) Eligible Project Requirements.--The Secretary may make a
grant under the program only to an eligible entity for an eligible
project that--
``(1) in the case of a large project, the Secretary recommends
for funding in the annual report on funding recommendations under
subsection (g)(6), except as provided in subsection (g)(1)(B);
``(2) is reasonably expected to begin construction not later
than 18 months after the date on which funds are obligated for the
project; and
``(3) is based on the results of preliminary engineering.
``(f) Competitive Process and Evaluation of Eligible Projects Other
Than Large Projects.--
``(1) Competitive process.--
``(A) In general.--The Secretary shall--
``(i) for the first fiscal year for which funds are
made available for obligation under the program, not later
than 60 days after the date on which the template under
subparagraph (B)(i) is developed, and in subsequent fiscal
years, not later than 60 days after the date on which
amounts are made available for obligation under the
program, solicit grant applications for eligible projects
other than large projects; and
``(ii) not later than 120 days after the date on which
the solicitation under clause (i) expires, conduct
evaluations under paragraph (3).
``(B) Requirements.--In carrying out subparagraph (A), the
Secretary shall--
``(i) develop a template for applicants to use to
summarize project needs and benefits, including benefits
described in paragraph (3)(B)(i); and
``(ii) enable applicants to use data from the National
Bridge Inventory under section 144(b) to populate templates
described in clause (i), as applicable.
``(2) Applications.--An eligible entity shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require.
``(3) Evaluation.--
``(A) In general.--Prior to providing a grant under this
subsection, the Secretary shall--
``(i) conduct an evaluation of each eligible project
for which an application is received under this subsection;
and
``(ii) assign a quality rating to the eligible project
on the basis of the evaluation under clause (i).
``(B) Requirements.--In carrying out an evaluation under
subparagraph (A), the Secretary shall--
``(i) consider information on project benefits
submitted by the applicant using the template developed
under paragraph (1)(B)(i), including whether the project
will generate, as determined by the Secretary--
``(I) costs avoided by the prevention of closure or
reduced use of the bridge to be improved by the
project;
``(II) in the case of a bundle of projects,
benefits from executing the projects as a bundle
compared to as individual projects;
``(III) safety benefits, including the reduction of
accidents and related costs;
``(IV) person and freight mobility benefits,
including congestion reduction and reliability
improvements;
``(V) national or regional economic benefits;
``(VI) benefits from long-term resiliency to
extreme weather events, flooding, or other natural
disasters;
``(VII) benefits from protection (as described in
section 133(b)(10)), including improving seismic or
scour protection;
``(VIII) environmental benefits, including wildlife
connectivity;
``(IX) benefits to nonvehicular and public
transportation users;
``(X) benefits of using--
``(aa) innovative design and construction
techniques; or
``(bb) innovative technologies; or
``(XI) reductions in maintenance costs, including,
in the case of a federally-owned bridge, cost savings
to the Federal budget; and
``(ii) consider whether and the extent to which the
benefits, including the benefits described in clause (i),
are more likely than not to outweigh the total project
costs.
``(g) Competitive Process, Evaluation, and Annual Report for Large
Projects.--
``(1) In general.--
``(A) Applications.--The Secretary shall establish an
annual date by which an eligible entity submitting an
application for a large project shall submit to the Secretary
such information as the Secretary may require, including
information described in paragraph (2), in order for a large
project to be considered for a recommendation by the Secretary
for funding in the next annual report under paragraph (6).
``(B) First fiscal year.--Notwithstanding subparagraph (A),
for the first fiscal year for which funds are made available
for obligation for grants under the program, the Secretary may
establish a date by which an eligible entity submitting an
application for a large project shall submit to the Secretary
such information as the Secretary may require, including
information described in paragraph (2), in order for a large
project to be considered for immediate execution of a grant
agreement.
``(2) Information required.--The information referred to in
paragraph (1) includes--
``(A) all necessary information required for the Secretary
to evaluate the large project; and
``(B) information sufficient for the Secretary to determine
that--
``(i) the large project meets the applicable
requirements under this section; and
``(ii) there is a reasonable likelihood that the large
project will continue to meet the requirements under this
section.
``(3) Determination; notice.--On making a determination that
information submitted to the Secretary under paragraph (1) is
sufficient, the Secretary shall provide a written notice of that
determination to--
``(A) the eligible entity that submitted the application;
``(B) the Committee on Environment and Public Works of the
Senate; and
``(C) the Committee on Transportation and Infrastructure of
the House of Representatives.
``(4) Evaluation.--The Secretary may recommend a large project
for funding in the annual report under paragraph (6), or, in the
case of the first fiscal year for which funds are made available
for obligation for grants under the program, immediately execute a
grant agreement for a large project, only if the Secretary
evaluates the proposed project and determines that the project is
justified because the project--
``(A) addresses a need to improve the condition of the
bridge, as determined by the Secretary, consistent with the
goals of the program under subsection (b)(2);
``(B) will generate, as determined by the Secretary--
``(i) costs avoided by the prevention of closure or
reduced use of the bridge to be improved by the project;
``(ii) in the case of a bundle of projects, benefits
from executing the projects as a bundle compared to as
individual projects;
``(iii) safety benefits, including the reduction of
accidents and related costs;
``(iv) person and freight mobility benefits, including
congestion reduction and reliability improvements;
``(v) national or regional economic benefits;
``(vi) benefits from long-term resiliency to extreme
weather events, flooding, or other natural disasters;
``(vii) benefits from protection (as described in
section 133(b)(10)), including improving seismic or scour
protection;
``(viii) environmental benefits, including wildlife
connectivity;
``(ix) benefits to nonvehicular and public
transportation users;
``(x) benefits of using--
``(I) innovative design and construction
techniques; or
``(II) innovative technologies; or
``(xi) reductions in maintenance costs, including, in
the case of a federally-owned bridge, cost savings to the
Federal budget;
``(C) is cost effective based on an analysis of whether the
benefits and avoided costs described in subparagraph (B) are
expected to outweigh the project costs;
``(D) is supported by other Federal or non-Federal
financial commitments or revenues adequate to fund ongoing
maintenance and preservation; and
``(E) is consistent with the objectives of an applicable
asset management plan of the project sponsor, including a State
asset management plan under section 119(e) in the case of a
project on the National Highway System that is sponsored by a
State.
``(5) Ratings.--
``(A) In general.--The Secretary shall develop a
methodology to evaluate and rate a large project on a 5-point
scale (the points of which include `high', `medium-high',
`medium', `medium-low', and `low') for each of--
``(i) paragraph (4)(B);
``(ii) paragraph (4)(C); and
``(iii) paragraph (4)(D).
``(B) Requirement.--To be considered justified and receive
a recommendation for funding in the annual report under
paragraph (6), a project shall receive a rating of not less
than `medium' for each rating required under subparagraph (A).
``(C) Interim methodology.--In the first fiscal year for
which funds are made available for obligation for grants under
the program, the Secretary may establish an interim methodology
to evaluate and rate a large project for each of--
``(i) paragraph (4)(B);
``(ii) paragraph (4)(C); and
``(iii) paragraph (4)(D).
``(6) Annual report on funding recommendations for large
projects.--
``(A) In general.--Not later than the first Monday in
February of each year, the Secretary shall submit to the
Committees on Transportation and Infrastructure and
Appropriations of the House of Representatives and the
Committees on Environment and Public Works and Appropriations
of the Senate a report that includes--
``(i) a list of large projects that have requested a
recommendation for funding under a new grant agreement from
funds anticipated to be available to carry out this
subsection in the next fiscal year;
``(ii) the evaluation under paragraph (4) and ratings
under paragraph (5) for each project referred to in clause
(i);
``(iii) the grant amounts that the Secretary recommends
providing to large projects in the next fiscal year,
including--
``(I) scheduled payments under previously signed
multiyear grant agreements under subsection (j);
``(II) payments for new grant agreements, including
single-year grant agreements and multiyear grant
agreements; and
``(III) a description of how amounts anticipated to
be available for the program from the Highway Trust
Fund for that fiscal year will be distributed; and
``(iv) for each project for which the Secretary
recommends a new multiyear grant agreement under subsection
(j), the proposed payout schedule for the project.
``(B) Limitations.--
``(i) In general.--The Secretary shall not recommend in
an annual report under this paragraph a new multiyear grant
agreement provided from funds from the Highway Trust Fund
unless the Secretary determines that the project can be
completed using funds that are anticipated to be available
from the Highway Trust Fund in future fiscal years.
``(ii) General fund projects.--The Secretary--
``(I) may recommend for funding in an annual report
under this paragraph a large project using funds from
the general fund of the Treasury; but
``(II) shall not execute a grant agreement for that
project unless--
``(aa) funds other than from the Highway Trust
Fund have been made available for the project; and
``(bb) the Secretary determines that the
project can be completed using funds other than
from the Highway Trust Fund that are anticipated to
be available in future fiscal years.
``(C) Considerations.--In selecting projects to recommend
for funding in the annual report under this paragraph, or, in
the case of the first fiscal year for which funds are made
available for obligation for grants under the program, projects
for immediate execution of a grant agreement, the Secretary
shall--
``(i) consider the amount of funds available in future
fiscal years for multiyear grant agreements as described in
subparagraph (B); and
``(ii) assume the availability of funds in future
fiscal years for multiyear grant agreements that extend
beyond the period of authorization based on the amount made
available for large projects under the program in the last
fiscal year of the period of authorization.
``(D) Project diversity.--In selecting projects to
recommend for funding in the annual report under this
paragraph, the Secretary shall ensure diversity among projects
recommended based on--
``(i) the amount of the grant requested; and
``(ii) grants for an eligible project for 1 bridge
compared to an eligible project that is a bundle of
projects.
``(h) Eligible Project Costs.--A grant received for an eligible
project under the program may be used for--
``(1) development phase activities, including planning,
feasibility analysis, revenue forecasting, environmental review,
preliminary engineering and design work, and other preconstruction
activities;
``(2) construction, reconstruction, rehabilitation, acquisition
of real property (including land related to the project and
improvements to the land), environmental mitigation, construction
contingencies, acquisition of equipment, and operational
improvements directly related to improving system performance; and
``(3) expenses related to the protection (as described in
section 133(b)(10)) of a bridge, including seismic or scour
protection.
``(i) TIFIA Program.--On the request of an eligible entity carrying
out an eligible project, the Secretary may use amounts awarded to the
entity to pay subsidy and administrative costs necessary to provide to
the entity Federal credit assistance under chapter 6 with respect to
the eligible project for which the grant was awarded.
``(j) Multiyear Grant Agreements for Large Projects.--
``(1) In general.--A large project that receives a grant under
the program in an amount of not less than $100,000,000 may be
carried out through a multiyear grant agreement in accordance with
this subsection.
``(2) Requirements.--A multiyear grant agreement for a large
project described in paragraph (1) shall--
``(A) establish the terms of participation by the Federal
Government in the project;
``(B) establish the maximum amount of Federal financial
assistance for the project in accordance with paragraphs (3)
and (4) of subsection (c);
``(C) establish a payout schedule for the project that
provides for disbursement of the full grant amount by not later
than 4 fiscal years after the fiscal year in which the initial
amount is provided;
``(D) determine the period of time for completing the
project, even if that period extends beyond the period of an
authorization; and
``(E) attempt to improve timely and efficient management of
the project, consistent with all applicable Federal laws
(including regulations).
``(3) Special financial rules.--
``(A) In general.--A multiyear grant agreement under this
subsection--
``(i) shall obligate an amount of available budget
authority specified in law; and
``(ii) may include a commitment, contingent on amounts
to be specified in law in advance for commitments under
this paragraph, to obligate an additional amount from
future available budget authority specified in law.
``(B) Statement of contingent commitment.--The agreement
shall state that the contingent commitment is not an obligation
of the Federal Government.
``(C) Interest and other financing costs.--
``(i) In general.--Interest and other financing costs
of carrying out a part of the project within a reasonable
time shall be considered a cost of carrying out the project
under a multiyear grant agreement, except that eligible
costs may not be more than the cost of the most favorable
financing terms reasonably available for the project at the
time of borrowing.
``(ii) Certification.--The applicant shall certify to
the Secretary that the applicant has shown reasonable
diligence in seeking the most favorable financing terms.
``(4) Advance payment.--Notwithstanding any other provision of
law, an eligible entity carrying out a large project under a
multiyear grant agreement--
``(A) may use funds made available to the eligible entity
under this title for eligible project costs of the large
project until the amount specified in the multiyear grant
agreement for the project for that fiscal year becomes
available for obligation; and
``(B) if the eligible entity uses funds as described in
subparagraph (A), the funds used shall be reimbursed from the
amount made available under the multiyear grant agreement for
the project.
``(k) Undertaking Parts of Projects in Advance Under Letters of No
Prejudice.--
``(1) In general.--The Secretary may pay to an applicant all
eligible project costs under the program, including costs for an
activity for an eligible project incurred prior to the date on
which the project receives funding under the program if--
``(A) before the applicant carries out the activity, the
Secretary approves through a letter to the applicant the
activity in the same manner as the Secretary approves other
activities as eligible under the program;
``(B) a record of decision, a finding of no significant
impact, or a categorical exclusion under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) has
been issued for the eligible project; and
``(C) the activity is carried out without Federal
assistance and in accordance with all applicable procedures and
requirements.
``(2) Interest and other financing costs.--
``(A) In general.--For purposes of paragraph (1), the cost
of carrying out an activity for an eligible project includes
the amount of interest and other financing costs, including any
interest earned and payable on bonds, to the extent interest
and other financing costs are expended in carrying out the
activity for the eligible project, except that interest and
other financing costs may not be more than the cost of the most
favorable financing terms reasonably available for the eligible
project at the time of borrowing.
``(B) Certification.--The applicant shall certify to the
Secretary that the applicant has shown reasonable diligence in
seeking the most favorable financing terms under subparagraph
(A).
``(3) No obligation or influence on recommendations.--An
approval by the Secretary under paragraph (1)(A) shall not--
``(A) constitute an obligation of the Federal Government;
or
``(B) alter or influence any evaluation under subsection
(f)(3)(A)(i) or (g)(4) or any recommendation by the Secretary
for funding under the program.
``(l) Federally-owned Bridges.--
``(1) Divestiture consideration.--In the case of a bridge owned
by a Federal land management agency for which that agency applies
for a grant under the program, the agency--
``(A) shall consider options to divest the bridge to a
State or local entity after completion of the project; and
``(B) may apply jointly with the State or local entity to
which the bridge may be divested.
``(2) Treatment.--Notwithstanding any other provision of law,
section 129 shall apply to a bridge that was previously owned by a
Federal land management agency and has been transferred to a non-
Federal entity under paragraph (1) in the same manner as if the
bridge was never federally owned.
``(m) Treatment of Projects.--Notwithstanding any other provision
of law, a project assisted under this section shall be treated as a
project on a Federal-aid highway under this chapter.
``(n) Congressional Notification.--Not later than 30 days before
making a grant for an eligible project under the program, the Secretary
shall submit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Environment and
Public Works of the Senate a written notification of the proposed grant
that includes--
``(1) an evaluation and justification for the eligible project;
and
``(2) the amount of the proposed grant.
``(o) Reports.--
``(1) Annual report.--Not later than August 1 of each fiscal
year, the Secretary shall make available on the website of the
Department of Transportation an annual report that lists each
eligible project for which a grant has been provided under the
program during the fiscal year.
``(2) GAO assessment and report.--Not later than 3 years after
the date of enactment of the Surface Transportation Reauthorization
Act of 2021, the Comptroller General of the United States shall--
``(A) conduct an assessment of the administrative
establishment, solicitation, selection, and justification
process with respect to the funding of grants under the
program; and
``(B) submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate a
report that describes--
``(i) the adequacy and fairness of the process under
which each eligible project that received a grant under the
program was selected; and
``(ii) the justification and criteria used for the
selection of each eligible project.
``(p) Limitation.--
``(1) Large projects.--Of the amounts made available out of the
Highway Trust Fund (other than the Mass Transit Account) to carry
out this section for each of fiscal years 2022 through 2026, not
less than 50 percent, in aggregate, shall be used for large
projects.
``(2) Unutilized amounts.--If, in fiscal year 2026, the
Secretary determines that grants under the program will not allow
for the requirement under paragraph (1) to be met, the Secretary
shall use the unutilized amounts to make other grants under the
program during that fiscal year.
``(q) Tribal Transportation Facility Bridge Set Aside.--
``(1) In general.--Of the amounts made available from the
Highway Trust Fund (other than the Mass Transit Account) for a
fiscal year to carry out this section, the Secretary shall use, to
carry out section 202(d)--
``(A) $16,000,000 for fiscal year 2022;
``(B) $18,000,000 for fiscal year 2023;
``(C) $20,000,000 for fiscal year 2024;
``(D) $22,000,000 for fiscal year 2025; and
``(E) $24,000,000 for fiscal year 2026.
``(2) Treatment.--For purposes of section 201, funds made
available for section 202(d) under paragraph (1) shall be
considered to be part of the tribal transportation program.''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by inserting after the item relating to
section 123 the following:
``124. Bridge investment program.''.
SEC. 11119. SAFE ROUTES TO SCHOOL.
(a) In General.--Chapter 2 of title 23, United States Code, is
amended by inserting after section 207 the following:
``Sec. 208. Safe routes to school
``(a) Definitions.--In this section:
``(1) In the vicinity of schools.--The term `in the vicinity of
schools', with respect to a school, means the approximately 2-mile
area within bicycling and walking distance of the school.
``(2) Primary, middle, and high schools.--The term `primary,
middle, and high schools' means schools providing education from
kindergarten through 12th grade.
``(b) Establishment.--Subject to the requirements of this section,
the Secretary shall establish and carry out a safe routes to school
program for the benefit of children in primary, middle, and high
schools.
``(c) Purposes.--The purposes of the program established under
subsection (b) shall be--
``(1) to enable and encourage children, including those with
disabilities, to walk and bicycle to school;
``(2) to make bicycling and walking to school a safer and more
appealing transportation alternative, thereby encouraging a healthy
and active lifestyle from an early age; and
``(3) to facilitate the planning, development, and
implementation of projects and activities that will improve safety
and reduce traffic, fuel consumption, and air pollution in the
vicinity of schools.
``(d) Apportionment of Funds.--
``(1) In general.--Subject to paragraphs (2), (3), and (4),
amounts made available to carry out this section for a fiscal year
shall be apportioned among the States so that each State receives
the amount equal to the proportion that--
``(A) the total student enrollment in primary, middle, and
high schools in each State; bears to
``(B) the total student enrollment in primary, middle, and
high schools in all States.
``(2) Minimum apportionment.--No State shall receive an
apportionment under this section for a fiscal year of less than
$1,000,000.
``(3) Set-aside for administrative expenses.--Before
apportioning under this subsection amounts made available to carry
out this section for a fiscal year, the Secretary shall set aside
not more than $3,000,000 of those amounts for the administrative
expenses of the Secretary in carrying out this section.
``(4) Determination of student enrollments.--Determinations
under this subsection relating to student enrollments shall be made
by the Secretary.
``(e) Administration of Amounts.--Amounts apportioned to a State
under this section shall be administered by the State department of
transportation.
``(f) Eligible Recipients.--Amounts apportioned to a State under
this section shall be used by the State to provide financial assistance
to State, local, Tribal, and regional agencies, including nonprofit
organizations, that demonstrate an ability to meet the requirements of
this section.
``(g) Eligible Projects and Activities.--
``(1) Infrastructure-related projects.--
``(A) In general.--Amounts apportioned to a State under
this section may be used for the planning, design, and
construction of infrastructure-related projects that will
substantially improve the ability of students to walk and
bicycle to school, including sidewalk improvements, traffic
calming and speed reduction improvements, pedestrian and
bicycle crossing improvements, on-street bicycle facilities,
off-street bicycle and pedestrian facilities, secure bicycle
parking facilities, and traffic diversion improvements in the
vicinity of schools.
``(B) Location of projects.--Infrastructure-related
projects under subparagraph (A) may be carried out on any
public road or any bicycle or pedestrian pathway or trail in
the vicinity of schools.
``(2) Noninfrastructure-related activities.--
``(A) In general.--In addition to projects described in
paragraph (1), amounts apportioned to a State under this
section may be used for noninfrastructure-related activities to
encourage walking and bicycling to school, including public
awareness campaigns and outreach to press and community
leaders, traffic education and enforcement in the vicinity of
schools, student sessions on bicycle and pedestrian safety,
health, and environment, and funding for training, volunteers,
and managers of safe routes to school programs.
``(B) Allocation.--Not less than 10 percent and not more
than 30 percent of the amount apportioned to a State under this
section for a fiscal year shall be used for noninfrastructure-
related activities under this paragraph.
``(3) Safe routes to school coordinator.--Each State shall use
a sufficient amount of the apportionment of the State for each
fiscal year to fund a full-time position of coordinator of the safe
routes to school program of the State.
``(h) Clearinghouse.--
``(1) In general.--The Secretary shall make grants to a
national nonprofit organization engaged in promoting safe routes to
schools--
``(A) to operate a national safe routes to school
clearinghouse;
``(B) to develop information and educational programs on
safe routes to school; and
``(C) to provide technical assistance and disseminate
techniques and strategies used for successful safe routes to
school programs.
``(2) Funding.--The Secretary shall carry out this subsection
using amounts set aside for administrative expenses under
subsection (d)(3).
``(i) Treatment of Projects.--Notwithstanding any other provision
of law, a project assisted under this section shall be treated as a
project on a Federal-aid highway under chapter 1.''.
(b) Conforming Amendments.--
(1) The analysis for chapter 2 of title 23, United States Code,
is amended by inserting after the item relating to section 207 the
following:
``208. Safe routes to school.''.
(2) Section 1404 of SAFETEA-LU (23 U.S.C. 402 note; Public Law
109-59) is repealed.
(3) The table of contents in section 1(b) of SAFETEA-LU (Public
Law 109-59; 119 Stat. 1144) is amended by striking the item
relating to section 1404.
SEC. 11120. HIGHWAY USE TAX EVASION PROJECTS.
Section 143(b)(2)(A) of title 23, United States Code, is amended by
striking ``fiscal years 2016 through 2020'' and inserting ``fiscal
years 2022 through 2026''.
SEC. 11121. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL FACILITIES.
Section 147 of title 23, United States Code, is amended by striking
subsection (h) and inserting the following:
``(h) Authorization of Appropriations.--There are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account) to carry out this section--
``(1) $110,000,000 for fiscal year 2022;
``(2) $112,000,000 for fiscal year 2023;
``(3) $114,000,000 for fiscal year 2024;
``(4) $116,000,000 for fiscal year 2025; and
``(5) $118,000,000 for fiscal year 2026.''.
SEC. 11122. VULNERABLE ROAD USER RESEARCH.
(a) Definitions.--In this subsection:
(1) Administrator.--The term ``Administrator'' means the
Secretary, acting through the Administrator of the Federal Highway
Administration.
(2) Vulnerable road user.--The term ``vulnerable road user''
has the meaning given the term in section 148(a) of title 23,
United States Code.
(b) Establishment of Research Plan.--The Administrator shall
establish a research plan to prioritize research on roadway designs,
the development of safety countermeasures to minimize fatalities and
serious injuries to vulnerable road users, and the promotion of
bicycling and walking, including research relating to--
(1) roadway safety improvements, including traffic calming
techniques and vulnerable road user accommodations appropriate in a
suburban arterial context;
(2) the impacts of traffic speeds, and access to low-traffic
stress corridors, on safety and rates of bicycling and walking;
(3) tools to evaluate the impact of transportation improvements
on projected rates and safety of bicycling and walking; and
(4) other research areas to be determined by the Administrator.
(c) Vulnerable Road User Assessments.--The Administrator shall--
(1) review each vulnerable road user safety assessment
submitted by a State under section 148(l) of title 23, United
States Code, and other relevant sources of data to determine what,
if any, standard definitions and methods should be developed
through guidance to enable a State to collect pedestrian injury and
fatality data; and
(2) in the first progress update under subsection (d)(2),
provide--
(A) the results of the determination described in paragraph
(1); and
(B) the recommendations of the Secretary with respect to
the collection and reporting of data on the safety of
vulnerable road users.
(d) Submission; Publication.--
(1) Submission of plan.--Not later than 180 days after the date
of enactment of this Act, the Administrator shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives the research plan described in subsection (b).
(2) Progress updates.--Not later than 2 years after the date of
enactment of this Act, and biannually thereafter, the Administrator
shall submit to the Committees described in paragraph (1)--
(A) updates on the progress and findings of the research
conducted pursuant to the plan described in subsection (b); and
(B) in the first submission under this paragraph, the
results and recommendations described in subsection (c)(2).
SEC. 11123. WILDLIFE CROSSING SAFETY.
(a) Declaration of Policy.--Section 101(b)(3)(D) of title 23,
United States Code, is amended, in the matter preceding clause (i), by
inserting ``resilient,'' after ``efficient,''.
(b) Wildlife Crossings Pilot Program.--
(1) In general.--Chapter 1 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 171. Wildlife crossings pilot program
``(a) Finding.--Congress finds that greater adoption of wildlife-
vehicle collision safety countermeasures is in the public interest
because--
``(1) according to the report of the Federal Highway
Administration entitled `Wildlife-Vehicle Collision Reduction
Study', there are more than 1,000,000 wildlife-vehicle collisions
every year;
``(2) wildlife-vehicle collisions--
``(A) present a danger to--
``(i) human safety; and
``(ii) wildlife survival; and
``(B) represent a persistent concern that results in tens
of thousands of serious injuries and hundreds of fatalities on
the roadways of the United States; and
``(3) the total annual cost associated with wildlife-vehicle
collisions has been estimated to be $8,388,000,000; and
``(4) wildlife-vehicle collisions are a major threat to the
survival of species, including birds, reptiles, mammals, and
amphibians.
``(b) Establishment.--The Secretary shall establish a competitive
wildlife crossings pilot program (referred to in this section as the
`pilot program') to provide grants for projects that seek to achieve--
``(1) a reduction in the number of wildlife-vehicle collisions;
and
``(2) in carrying out the purpose described in paragraph (1),
improved habitat connectivity for terrestrial and aquatic species.
``(c) Eligible Entities.--An entity eligible to apply for a grant
under the pilot program is--
``(1) a State highway agency, or an equivalent of that agency;
``(2) a metropolitan planning organization (as defined in
section 134(b));
``(3) a unit of local government;
``(4) a regional transportation authority;
``(5) a special purpose district or public authority with a
transportation function, including a port authority;
``(6) an Indian tribe (as defined in section 207(m)(1)),
including a Native village and a Native Corporation (as those terms
are defined in section 3 of the Alaska Native Claims Settlement Act
(43 U.S.C. 1602));
``(7) a Federal land management agency; or
``(8) a group of any of the entities described in paragraphs
(1) through (7).
``(d) Applications.--
``(1) In general.--To be eligible to receive a grant under the
pilot program, an eligible entity shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
``(2) Requirement.--If an application under paragraph (1) is
submitted by an eligible entity other than an eligible entity
described in paragraph (1) or (7) of subsection (c), the
application shall include documentation that the State highway
agency, or an equivalent of that agency, of the State in which the
eligible entity is located was consulted during the development of
the application.
``(3) Guidance.--To enhance consideration of current and
reliable data, eligible entities may obtain guidance from an agency
in the State with jurisdiction over fish and wildlife.
``(e) Considerations.--In selecting grant recipients under the
pilot program, the Secretary shall take into consideration the
following:
``(1) Primarily, the extent to which the proposed project of an
eligible entity is likely to protect motorists and wildlife by
reducing the number of wildlife-vehicle collisions and improve
habitat connectivity for terrestrial and aquatic species.
``(2) Secondarily, the extent to which the proposed project of
an eligible entity is likely to accomplish the following:
``(A) Leveraging Federal investment by encouraging non-
Federal contributions to the project, including projects from
public-private partnerships.
``(B) Supporting local economic development and improvement
of visitation opportunities.
``(C) Incorporation of innovative technologies, including
advanced design techniques and other strategies to enhance
efficiency and effectiveness in reducing wildlife-vehicle
collisions and improving habitat connectivity for terrestrial
and aquatic species.
``(D) Provision of educational and outreach opportunities.
``(E) Monitoring and research to evaluate, compare
effectiveness of, and identify best practices in, selected
projects.
``(F) Any other criteria relevant to reducing the number of
wildlife-vehicle collisions and improving habitat connectivity
for terrestrial and aquatic species, as the Secretary
determines to be appropriate, subject to the condition that the
implementation of the pilot program shall not be delayed in the
absence of action by the Secretary to identify additional
criteria under this subparagraph.
``(f) Use of Funds.--
``(1) In general.--The Secretary shall ensure that a grant
received under the pilot program is used for a project to reduce
wildlife-vehicle collisions.
``(2) Grant administration.--
``(A) In general.--A grant received under the pilot program
shall be administered by--
``(i) in the case of a grant to a Federal land
management agency or an Indian tribe (as defined in section
207(m)(1), including a Native village and a Native
Corporation (as those terms are defined in section 3 of the
Alaska Native Claims Settlement Act (43 U.S.C. 1602))), the
Federal Highway Administration, through an agreement; and
``(ii) in the case of a grant to an eligible entity
other than an eligible entity described in clause (i), the
State highway agency, or an equivalent of that agency, for
the State in which the project is to be carried out.
``(B) Partnerships.--
``(i) In general.--A grant received under the pilot
program may be used to provide funds to eligible partners
of the project for which the grant was received described
in clause (ii), in accordance with the terms of the project
agreement.
``(ii) Eligible partners described.--The eligible
partners referred to in clause (i) include--
``(I) a metropolitan planning organization (as
defined in section 134(b));
``(II) a unit of local government;
``(III) a regional transportation authority;
``(IV) a special purpose district or public
authority with a transportation function, including a
port authority;
``(V) an Indian tribe (as defined in section
207(m)(1)), including a Native village and a Native
Corporation (as those terms are defined in section 3 of
the Alaska Native Claims Settlement Act (43 U.S.C.
1602));
``(VI) a Federal land management agency;
``(VII) a foundation, nongovernmental organization,
or institution of higher education;
``(VIII) a Federal, Tribal, regional, or State
government entity; and
``(IX) a group of any of the entities described in
subclauses (I) through (VIII).
``(3) Compliance.--An eligible entity that receives a grant
under the pilot program and enters into a partnership described in
paragraph (2) shall establish measures to verify that an eligible
partner that receives funds from the grant complies with the
conditions of the pilot program in using those funds.
``(g) Requirement.--The Secretary shall ensure that not less than
60 percent of the amounts made available for grants under the pilot
program each fiscal year are for projects located in rural areas.
``(h) Annual Report to Congress.--
``(1) In general.--Not later than December 31 of each calendar
year, the Secretary shall submit to Congress, and make publicly
available, a report describing the activities under the pilot
program for the fiscal year that ends during that calendar year.
``(2) Contents.--The report under paragraph (1) shall include--
``(A) a detailed description of the activities carried out
under the pilot program;
``(B) an evaluation of the effectiveness of the pilot
program in meeting the purposes described in subsection (b);
and
``(C) policy recommendations to improve the effectiveness
of the pilot program.
``(i) Treatment of Projects.--Notwithstanding any other provision
of law, a project assisted under this section shall be treated as a
project on a Federal-aid highway under this chapter.''.
(2) Clerical amendment.--The analysis for chapter 1 of title
23, United States Code, is amended by inserting after the item
relating to section 170 the following:
``171. Wildlife crossings pilot program.''.
(c) Wildlife Vehicle Collision Reduction and Habitat Connectivity
Improvement.--
(1) In general.--Chapter 1 of title 23, United States Code (as
amended by subsection (b)(1)), is amended by adding at the end the
following:
``Sec. 172. Wildlife-vehicle collision reduction and habitat
connectivity improvement
``(a) Study.--
``(1) In general.--The Secretary shall conduct a study
(referred to in this subsection as the `study') of the state, as of
the date of the study, of the practice of methods to reduce
collisions between motorists and wildlife (referred to in this
section as `wildlife-vehicle collisions').
``(2) Contents.--
``(A) Areas of study.--The study shall--
``(i) update and expand on, as appropriate--
``(I) the report entitled `Wildlife Vehicle
Collision Reduction Study: 2008 Report to Congress';
and
``(II) the document entitled `Wildlife Vehicle
Collision Reduction Study: Best Practices Manual' and
dated October 2008; and
``(ii) include--
``(I) an assessment, as of the date of the study,
of--
``(aa) the causes of wildlife-vehicle
collisions;
``(bb) the impact of wildlife-vehicle
collisions on motorists and wildlife; and
``(cc) the impacts of roads and traffic on
habitat connectivity for terrestrial and aquatic
species; and
``(II) solutions and best practices for--
``(aa) reducing wildlife-vehicle collisions;
and
``(bb) improving habitat connectivity for
terrestrial and aquatic species.
``(B) Methods.--In carrying out the study, the Secretary
shall--
``(i) conduct a thorough review of research and data
relating to--
``(I) wildlife-vehicle collisions; and
``(II) habitat fragmentation that results from
transportation infrastructure;
``(ii) survey current practices of the Department of
Transportation and State departments of transportation to
reduce wildlife-vehicle collisions; and
``(iii) consult with--
``(I) appropriate experts in the field of wildlife-
vehicle collisions; and
``(II) appropriate experts on the effects of roads
and traffic on habitat connectivity for terrestrial and
aquatic species.
``(3) Report.--
``(A) In general.--Not later than 18 months after the date
of enactment of the Surface Transportation Reauthorization Act
of 2021, the Secretary shall submit to Congress a report on the
results of the study.
``(B) Contents.--The report under subparagraph (A) shall
include--
``(i) a description of--
``(I) the causes of wildlife-vehicle collisions;
``(II) the impacts of wildlife-vehicle collisions;
and
``(III) the impacts of roads and traffic on--
``(aa) species listed as threatened species or
endangered species under the Endangered Species Act
of 1973 (16 U.S.C. 1531 et seq.);
``(bb) species identified by States as species
of greatest conservation need;
``(cc) species identified in State wildlife
plans; and
``(dd) medium and small terrestrial and aquatic
species;
``(ii) an economic evaluation of the costs and benefits
of installing highway infrastructure and other measures to
mitigate damage to terrestrial and aquatic species,
including the effect on jobs, property values, and economic
growth to society, adjacent communities, and landowners;
``(iii) recommendations for preventing wildlife-vehicle
collisions, including recommended best practices, funding
resources, or other recommendations for addressing
wildlife-vehicle collisions; and
``(iv) guidance, developed in consultation with Federal
land management agencies and State departments of
transportation, State fish and wildlife agencies, and
Tribal governments that agree to participate, for
developing, for each State that agrees to participate, a
voluntary joint statewide transportation and wildlife
action plan--
``(I) to address wildlife-vehicle collisions; and
``(II) to improve habitat connectivity for
terrestrial and aquatic species.
``(b) Workforce Development and Technical Training.--
``(1) In general.--Not later than 3 years after the date of
enactment of the Surface Transportation Reauthorization Act of
2021, the Secretary shall, based on the study conducted under
subsection (a), develop a series of in-person and online workforce
development and technical training courses--
``(A) to reduce wildlife-vehicle collisions; and
``(B) to improve habitat connectivity for terrestrial and
aquatic species.
``(2) Availability.--The Secretary shall--
``(A) make the series of courses developed under paragraph
(1) available for transportation and fish and wildlife
professionals; and
``(B) update the series of courses not less frequently than
once every 2 years.
``(c) Standardization of Wildlife Collision and Carcass Data.--
``(1) Standardized methodology.--
``(A) In general.--The Secretary, acting through the
Administrator of the Federal Highway Administration (referred
to in this subsection as the `Secretary'), shall develop a
quality standardized methodology for collecting and reporting
spatially accurate wildlife collision and carcass data for the
National Highway System, considering the practicability of the
methodology with respect to technology and cost.
``(B) Methodology.--In developing the standardized
methodology under subparagraph (A), the Secretary shall--
``(i) survey existing methodologies and sources of data
collection, including the Fatality Analysis Reporting
System, the General Estimates System of the National
Automotive Sampling System, and the Highway Safety
Information System; and
``(ii) to the extent practicable, identify and correct
limitations of those existing methodologies and sources of
data collection.
``(C) Consultation.--In developing the standardized
methodology under subparagraph (A), the Secretary shall consult
with--
``(i) the Secretary of the Interior;
``(ii) the Secretary of Agriculture, acting through the
Chief of the Forest Service;
``(iii) Tribal, State, and local transportation and
wildlife authorities;
``(iv) metropolitan planning organizations (as defined
in section 134(b));
``(v) members of the American Association of State
Highway Transportation Officials;
``(vi) members of the Association of Fish and Wildlife
Agencies;
``(vii) experts in the field of wildlife-vehicle
collisions;
``(viii) nongovernmental organizations; and
``(ix) other interested stakeholders, as appropriate.
``(2) Standardized national data system with voluntary template
implementation.--The Secretary shall--
``(A) develop a template for State implementation of a
standardized national wildlife collision and carcass data
system for the National Highway System that is based on the
standardized methodology developed under paragraph (1); and
``(B) encourage the voluntary implementation of the
template developed under subparagraph (A).
``(3) Reports.--
``(A) Methodology.--The Secretary shall submit to Congress
a report describing the standardized methodology developed
under paragraph (1) not later than the later of--
``(i) the date that is 18 months after the date of
enactment of the Surface Transportation Reauthorization Act
of 2021; and
``(ii) the date that is 180 days after the date on
which the Secretary completes the development of the
standardized methodology.
``(B) Implementation.--Not later than 4 years after the
date of enactment of the Surface Transportation Reauthorization
Act of 2021, the Secretary shall submit to Congress a report
describing--
``(i) the status of the voluntary implementation of the
standardized methodology developed under paragraph (1) and
the template developed under paragraph (2)(A);
``(ii) whether the implementation of the standardized
methodology developed under paragraph (1) and the template
developed under paragraph (2)(A) has impacted efforts by
States, units of local government, and other entities--
``(I) to reduce the number of wildlife-vehicle
collisions; and
``(II) to improve habitat connectivity;
``(iii) the degree of the impact described in clause
(ii); and
``(iv) the recommendations of the Secretary, including
recommendations for further study aimed at reducing
motorist collisions involving wildlife and improving
habitat connectivity for terrestrial and aquatic species on
the National Highway System, if any.
``(d) National Threshold Guidance.--The Secretary shall--
``(1) establish guidance, to be carried out by States on a
voluntary basis, that contains a threshold for determining whether
a highway shall be evaluated for potential mitigation measures to
reduce wildlife-vehicle collisions and increase habitat
connectivity for terrestrial and aquatic species, taking into
consideration--
``(A) the number of wildlife-vehicle collisions on the
highway that pose a human safety risk;
``(B) highway-related mortality and the effects of traffic
on the highway on--
``(i) species listed as endangered species or
threatened species under the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.);
``(ii) species identified by a State as species of
greatest conservation need;
``(iii) species identified in State wildlife plans; and
``(iv) medium and small terrestrial and aquatic
species; and
``(C) habitat connectivity values for terrestrial and
aquatic species and the barrier effect of the highway on the
movements and migrations of those species.''.
(2) Clerical amendment.--The analysis for chapter 1 of title
23, United States Code (as amended by subsection (b)(2)) is amended
by inserting after the item relating to section 171 the following:
``172. Wildlife-vehicle collision reduction and habitat connectivity
improvement.''.
(d) Wildlife Crossings Standards.--Section 109(c)(2) of title 23,
United States Code, is amended--
(1) in subparagraph (E), by striking ``and'' at the end;
(2) by redesignating subparagraph (F) as subparagraph (G); and
(3) by inserting after subparagraph (E) the following:
``(F) the publication of the Federal Highway Administration
entitled `Wildlife Crossing Structure Handbook: Design and
Evaluation in North America' and dated March 2011; and''.
(e) Wildlife Habitat Connectivity and National Bridge and Tunnel
Inventory and Inspection Standards.--Section 144 of title 23, United
States Code, is amended--
(1) in subsection (a)(2)--
(A) in subparagraph (B), by inserting ``, resilience,''
after ``safety'';
(B) in subparagraph (D), by striking ``and'' at the end;
(C) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(D) by adding at the end the following:
``(F) to ensure adequate passage of aquatic and terrestrial
species, where appropriate.'';
(2) in subsection (b)--
(A) in paragraph (4), by striking ``and'' at the end;
(B) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(6) determine if the replacement or rehabilitation of bridges
and tunnels should include measures to enable safe and unimpeded
movement for terrestrial and aquatic species.''; and
(3) in subsection (i), by adding at the end the following:
``(3) Requirement.--The first revision under paragraph (2)
after the date of enactment of the Surface Transportation
Reauthorization Act of 2021 shall include techniques to assess
passage of aquatic and terrestrial species and habitat restoration
potential.''.
SEC. 11124. CONSOLIDATION OF PROGRAMS.
Section 1519(a) of MAP-21 (Public Law 112-141; 126 Stat. 574; 129
Stat. 1423) is amended, in the matter preceding paragraph (1), by
striking ``fiscal years 2016 through 2020'' and inserting ``fiscal
years 2022 through 2026''.
SEC. 11125. GAO REPORT.
(a) In General.--Section 1433 of the FAST Act (23 U.S.C. 101 note;
Public Law 114-94) is repealed.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the FAST Act (Public Law 114-94; 129 Stat. 1312) is amended by striking
the item relating to section 1433.
SEC. 11126. TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM.
Section 165 of title 23, United States Code, is amended--
(1) in subsection (a), by striking paragraphs (1) and (2) and
inserting the following:
``(1) for the Puerto Rico highway program under subsection
(b)--
``(A) $173,010,000 shall be for fiscal year 2022;
``(B) $176,960,000 shall be for fiscal year 2023;
``(C) $180,120,000 shall be for fiscal year 2024;
``(D) $183,675,000 shall be for fiscal year 2025; and
``(E) $187,230,000 shall be for fiscal year 2026; and
``(2) for the territorial highway program under subsection
(c)--
``(A) $45,990,000 shall be for fiscal year 2022;
``(B) $47,040,000 shall be for fiscal year 2023;
``(C) $47,880,000 shall be for fiscal year 2024;
``(D) $48,825,000 shall be for fiscal year 2025; and
``(E) $49,770,000 shall be for fiscal year 2026.'';
(2) in subsection (b)(2)(C)(iii), by inserting ``and
preventative maintenance on the National Highway System'' after
``chapter 1''; and
(3) in subsection (c)(7), by striking ``paragraphs (1) through
(4) of section 133(c) and section 133(b)(12)'' and inserting
``paragraphs (1), (2), (3), and (5) of section 133(c) and section
133(b)(13)''.
SEC. 11127. NATIONALLY SIGNIFICANT FEDERAL LANDS AND TRIBAL PROJECTS
PROGRAM.
Section 1123 of the FAST Act (23 U.S.C. 201 note; Public Law 114-
94) is amended--
(1) in subsection (c)(3), by striking ``$25,000,000'' and all
that follows through the period at the end and inserting
``$12,500,000.'';
(2) in subsection (g)--
(A) by striking the subsection designation and heading and
all that follows through ``The Federal'' in paragraph (1) and
inserting the following:
``(g) Cost Share.--
``(1) Federal share.--
``(A) In general.--Except as provided in subparagraph (B),
the Federal'';
(B) in paragraph (1), by adding at the end the following:
``(B) Tribal projects.--In the case of a project on a
tribal transportation facility (as defined in section 101(a) of
title 23, United States Code), the Federal share of the cost of
the project shall be 100 percent.''; and
(C) in paragraph (2), by striking ``other than those made
available under title 23 or title 49, United States Code,'';
and
(3) by striking subsection (h) and inserting the following:
``(h) Use of Funds.--
``(1) In general.--For each fiscal year, of the amounts made
available to carry out this section--
``(A) 50 percent shall be used for eligible projects on
Federal lands transportation facilities and Federal lands
access transportation facilities (as those terms are defined in
section 101(a) of title 23, United States Code); and
``(B) 50 percent shall be used for eligible projects on
tribal transportation facilities (as defined in section 101(a)
of title 23, United States Code).
``(2) Requirement.--Not less than 1 eligible project carried
out using the amount described in paragraph (1)(A) shall be in a
unit of the National Park System with not less than 3,000,000
annual visitors.
``(3) Availability.--Amounts made available to carry out this
section shall remain available for a period of 3 fiscal years
following the fiscal year for which the amounts are
appropriated.''.
SEC. 11128. TRIBAL HIGH PRIORITY PROJECTS PROGRAM.
Section 1123(h) of MAP-21 (23 U.S.C. 202 note; Public Law 112-141)
is amended--
(1) by redesignating paragraph (2) as paragraph (3);
(2) in paragraph (3) (as so redesignated), in the matter
preceding subparagraph (A), by striking ``paragraph (1)'' and
inserting ``paragraphs (1) and (2)''; and
(3) by striking the subsection designation and heading and all
that follows through the period at the end of paragraph (1) and
inserting the following:
``(h) Funding.--
``(1) Set-aside.--For each of fiscal years 2022 through 2026,
of the amounts made available to carry out the tribal
transportation program under section 202 of title 23, United States
Code, for that fiscal year, the Secretary shall use $9,000,000 to
carry out the program.
``(2) Authorization of appropriations.--In addition to amounts
made available under paragraph (1), there is authorized to be
appropriated $30,000,000 out of the general fund of the Treasury to
carry out the program for each of fiscal years 2022 through
2026.''.
SEC. 11129. STANDARDS.
Section 109 of title 23, United States Code, is amended--
(1) in subsection (d)--
(A) by striking ``(d) On any'' and inserting the following:
``(d) Manual on Uniform Traffic Control Devices.--
``(1) In general.--On any'';
(B) in paragraph (1) (as so designated), by striking
``promote the safe'' and inserting ``promote the safety,
inclusion, and mobility of all users''; and
(C) by adding at the end the following:
``(2) Updates.--Not later than 18 months after the date of
enactment of the Surface Transportation Reauthorization Act of 2021
and not less frequently than every 4 years thereafter, the
Secretary shall update the Manual on Uniform Traffic Control
Devices.'';
(2) in subsection (o)--
(A) by striking ``Projects'' and inserting:
``(A) In general.--Projects''; and
(B) by inserting at the end the following:
``(B) Local jurisdictions.--Notwithstanding subparagraph
(A), a local jurisdiction may use a roadway design guide
recognized by the Federal Highway Administration and adopted by
the local jurisdiction that is different from the roadway
design guide used by the State in which the local jurisdiction
is located for the design of projects on all roadways under the
ownership of the local jurisdiction (other than a highway on
the National Highway System) for which the local jurisdiction
is the project sponsor, provided that the design complies with
all other applicable Federal laws.''; and
(3) by adding at the end the following:
``(s) Electric Vehicle Charging Stations.--
``(1) Standards.--Electric vehicle charging infrastructure
installed using funds provided under this title shall provide, at a
minimum--
``(A) non-proprietary charging connectors that meet
applicable industry safety standards; and
``(B) open access to payment methods that are available to
all members of the public to ensure secure, convenient, and
equal access to the electric vehicle charging infrastructure
that shall not be limited by membership to a particular payment
provider.
``(2) Treatment of projects.--Notwithstanding any other
provision of law, a project to install electric vehicle charging
infrastructure using funds provided under this title shall be
treated as if the project is located on a Federal-aid highway.''.
SEC. 11130. PUBLIC TRANSPORTATION.
(a) In General.--Section 142(a) of title 23, United States Code, is
amended by adding at the end the following:
``(3) Bus corridors.--In addition to the projects described in
paragraphs (1) and (2), the Secretary may approve payment from sums
apportioned under paragraph (2) or (7) of section 104(b) for
carrying out a capital project for the construction of a bus rapid
transit corridor or dedicated bus lanes, including the construction
or installation of--
``(A) traffic signaling and prioritization systems;
``(B) redesigned intersections that are necessary for the
establishment of a bus rapid transit corridor;
``(C) on-street stations;
``(D) fare collection systems;
``(E) information and wayfinding systems; and
``(F) depots.''.
(b) Technical Correction.--Section 142 of title 23, United States
Code, is amended by striking subsection (i).
SEC. 11131. RESERVATION OF CERTAIN FUNDS.
(a) Open Container Requirements.--Section 154(c)(2) of title 23,
United States Code, is amended--
(1) in the paragraph heading, by striking ``2012'' and
inserting ``2022'';
(2) by striking subparagraph (A) and inserting the following:
``(A) Reservation of funds.--
``(i) In general.--On October 1, 2021, and each October
1 thereafter, in the case of a State described in clause
(ii), the Secretary shall reserve an amount equal to 2.5
percent of the funds to be apportioned to the State on that
date under each of paragraphs (1) and (2) of section 104(b)
until the State certifies to the Secretary the means by
which the State will use those reserved funds in accordance
with subparagraphs (A) and (B) of paragraph (1), and
paragraph (3).
``(ii) States described.--A State referred to in clause
(i) is a State--
``(I) that has not enacted or is not enforcing an
open container law described in subsection (b); and
``(II) for which the Secretary determined for the
prior fiscal year that the State had not enacted or was
not enforcing an open container law described in
subsection (b).''; and
(3) in subparagraph (B), in the matter preceding clause (i), by
striking ``subparagraph (A)'' and inserting ``subparagraph
(A)(i)''.
(b) Repeat Intoxicated Driver Laws.--Section 164(b)(2) of title 23,
United States Code, is amended--
(1) in the paragraph heading, by striking ``2012'' and
inserting ``2022'';
(2) by striking subparagraph (A) and inserting the following:
``(A) Reservation of funds.--
``(i) In general.--On October 1, 2021, and each October
1 thereafter, in the case of a State described in clause
(ii), the Secretary shall reserve an amount equal to 2.5
percent of the funds to be apportioned to the State on that
date under each of paragraphs (1) and (2) of section 104(b)
until the State certifies to the Secretary the means by
which the State will use those reserved funds in accordance
with subparagraphs (A) and (B) of paragraph (1), and
paragraph (3).
``(ii) States described.--A State referred to in clause
(i) is a State--
``(I) that has not enacted or is not enforcing a
repeat intoxicated driver law; and
``(II) for which the Secretary determined for the
prior fiscal year that the State had not enacted or was
not enforcing a repeat intoxicated driver law.''; and
(3) in subparagraph (B), in the matter preceding clause (i), by
striking ``subparagraph (A)'' and inserting ``subparagraph
(A)(i)''.
SEC. 11132. RURAL SURFACE TRANSPORTATION GRANT PROGRAM.
(a) In General.--Chapter 1 of title 23, United States Code (as
amended by section 11123(c)(1)), is amended by adding at the end the
following:
``Sec. 173. Rural surface transportation grant program
``(a) Definitions.--In this section:
``(1) Program.--The term `program' means the program
established under subsection (b)(1).
``(2) Rural area.--The term `rural area' means an area that is
outside an urbanized area with a population of over 200,000.
``(b) Establishment.--
``(1) In general.--The Secretary shall establish a rural
surface transportation grant program to provide grants, on a
competitive basis, to eligible entities to improve and expand the
surface transportation infrastructure in rural areas.
``(2) Goals.--The goals of the program shall be--
``(A) to increase connectivity;
``(B) to improve the safety and reliability of the movement
of people and freight; and
``(C) to generate regional economic growth and improve
quality of life.
``(3) Grant administration.--The Secretary may--
``(A) retain not more than a total of 2 percent of the
funds made available to carry out the program and to review
applications for grants under the program; and
``(B) transfer portions of the funds retained under
subparagraph (A) to the relevant Administrators to fund the
award and oversight of grants provided under the program.
``(c) Eligible Entities.--The Secretary may make a grant under the
program to--
``(1) a State;
``(2) a regional transportation planning organization;
``(3) a unit of local government;
``(4) a Tribal government or a consortium of Tribal
governments; and
``(5) a multijurisdictional group of entities described in
paragraphs (1) through (4).
``(d) Applications.--To be eligible to receive a grant under the
program, an eligible entity shall submit to the Secretary an
application in such form, at such time, and containing such information
as the Secretary may require.
``(e) Eligible Projects.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary may make a grant under the program only for a project
that is--
``(A) a highway, bridge, or tunnel project eligible under
section 119(d);
``(B) a highway, bridge, or tunnel project eligible under
section 133(b);
``(C) a project eligible under section 202(a);
``(D) a highway freight project eligible under section
167(h)(5);
``(E) a highway safety improvement project, including a
project to improve a high risk rural road (as those terms are
defined in section 148(a));
``(F) a project on a publicly-owned highway or bridge that
provides or increases access to an agricultural, commercial,
energy, or intermodal facility that supports the economy of a
rural area; or
``(G) a project to develop, establish, or maintain an
integrated mobility management system, a transportation demand
management system, or on-demand mobility services.
``(2) Bundling of eligible projects.--
``(A) In general.--An eligible entity may bundle 2 or more
similar eligible projects under the program that are--
``(i) included as a bundled project in a statewide
transportation improvement program under section 135; and
``(ii) awarded to a single contractor or consultant
pursuant to a contract for engineering and design or
construction between the contractor and the eligible
entity.
``(B) Itemization.--Notwithstanding any other provision of
law (including regulations), a bundling of eligible projects
under this paragraph may be considered to be a single project,
including for purposes of section 135.
``(f) Eligible Project Costs.--An eligible entity may use funds
from a grant under the program for--
``(1) development phase activities, including planning,
feasibility analysis, revenue forecasting, environmental review,
preliminary engineering and design work, and other preconstruction
activities; and
``(2) construction, reconstruction, rehabilitation, acquisition
of real property (including land related to the project and
improvements to the land), environmental mitigation, construction
contingencies, acquisition of equipment, and operational
improvements.
``(g) Project Requirements.--The Secretary may provide a grant
under the program to an eligible project only if the Secretary
determines that the project--
``(1) will generate regional economic, mobility, or safety
benefits;
``(2) will be cost effective;
``(3) will contribute to the accomplishment of 1 or more of the
national goals under section 150;
``(4) is based on the results of preliminary engineering; and
``(5) is reasonably expected to begin construction not later
than 18 months after the date of obligation of funds for the
project.
``(h) Additional Considerations.--In providing grants under the
program, the Secretary shall consider the extent to which an eligible
project will--
``(1) improve the state of good repair of existing highway,
bridge, and tunnel facilities;
``(2) increase the capacity or connectivity of the surface
transportation system and improve mobility for residents of rural
areas;
``(3) address economic development and job creation challenges,
including energy sector job losses in energy communities as
identified in the report released in April 2021 by the interagency
working group established by section 218 of Executive Order 14008
(86 Fed. Reg. 7628 (February 1, 2021));
``(4) enhance recreational and tourism opportunities by
providing access to Federal land, national parks, national forests,
national recreation areas, national wildlife refuges, wilderness
areas, or State parks;
``(5) contribute to geographic diversity among grant
recipients;
``(6) utilize innovative project delivery approaches or
incorporate transportation technologies;
``(7) coordinate with projects to address broadband
infrastructure needs; or
``(8) improve access to emergency care, essential services,
healthcare providers, or drug and alcohol treatment and
rehabilitation resources.
``(i) Grant Amount.--Except as provided in subsection (k)(1), a
grant under the program shall be in an amount that is not less than
$25,000,000.
``(j) Federal Share.--
``(1) In general.--Except as provided in paragraph (2), the
Federal share of the cost of a project carried out with a grant
under the program may not exceed 80 percent.
``(2) Federal share for certain projects.--The Federal share of
the cost of an eligible project that furthers the completion of a
designated segment of the Appalachian Development Highway System
under section 14501 of title 40, or addresses a surface
transportation infrastructure need identified for the Denali access
system program under section 309 of the Denali Commission Act of
1998 (42 U.S.C. 3121 note; Public Law 105-277) shall be up to 100
percent, as determined by the State.
``(3) Use of other federal assistance.--Federal assistance
other than a grant under the program may be used to satisfy the
non-Federal share of the cost of a project carried out with a grant
under the program.
``(k) Set Asides.--
``(1) Small projects.--The Secretary shall use not more than 10
percent of the amounts made available for the program for each
fiscal year to provide grants for eligible projects in an amount
that is less than $25,000,000.
``(2) Appalachian development highway system.--The Secretary
shall reserve 25 percent of the amounts made available for the
program for each fiscal year for eligible projects that further the
completion of designated routes of the Appalachian Development
Highway System under section 14501 of title 40.
``(3) Rural roadway lane departures.--The Secretary shall
reserve 15 percent of the amounts made available for the program
for each fiscal year to provide grants for eligible projects
located in States that have rural roadway fatalities as a result of
lane departures that are greater than the average of rural roadway
fatalities as a result of lane departures in the United States,
based on the latest available data from the Secretary.
``(4) Excess funding.--In any fiscal year in which qualified
applications for grants under this subsection do not allow for the
amounts reserved under paragraphs (1), (2), or (3) to be fully
utilized, the Secretary shall use the unutilized amounts to make
other grants under the program.
``(l) Congressional Review.--
``(1) Notification.--Not less than 60 days before providing a
grant under the program, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives--
``(A) a list of all applications determined to be eligible
for a grant by the Secretary;
``(B) each application proposed to be selected for a grant,
including a justification for the selection; and
``(C) proposed grant amounts.
``(2) Committee review.--Before the last day of the 60-day
period described in paragraph (1), each Committee described in
paragraph (1) shall review the list of proposed projects submitted
by the Secretary.
``(3) Congressional disapproval.--The Secretary may not make a
grant or any other obligation or commitment to fund a project under
the program if a joint resolution is enacted disapproving funding
for the project before the last day of the 60-day period described
in paragraph (1).
``(m) Transparency.--
``(1) In general.--Not later than 30 days after providing a
grant for a project under the program, the Secretary shall provide
to all applicants, and publish on the website of the Department of
Transportation, the information described in subsection (l)(1).
``(2) Briefing.--The Secretary shall provide, on the request of
an eligible entity, the opportunity to receive a briefing to
explain any reasons the eligible entity was not selected to receive
a grant under the program.
``(n) Reports.--
``(1) Annual report.--The Secretary shall make available on the
website of the Department of Transportation at the end of each
fiscal year an annual report that lists each project for which a
grant has been provided under the program during that fiscal year.
``(2) Comptroller general.--
``(A) Assessment.--The Comptroller General of the United
States shall conduct an assessment of the administrative
establishment, solicitation, selection, and justification
process with respect to the awarding of grants under the
program for each fiscal year.
``(B) Report.--Each fiscal year, the Comptroller General
shall submit to the Committee on Environment and Public Works
of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report that
describes, for the fiscal year--
``(i) the adequacy and fairness of the process by which
each project was selected, if applicable; and
``(ii) the justification and criteria used for the
selection of each project, if applicable.
``(o) Treatment of Projects.--Notwithstanding any other provision
of law, a project assisted under this section shall be treated as a
project on a Federal-aid highway under this chapter.''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code (as amended by section 11123(c)(2)), is amended by
inserting after the item relating to section 172 the following:
``173. Rural surface transportation grant program.''.
SEC. 11133. BICYCLE TRANSPORTATION AND PEDESTRIAN WALKWAYS.
Section 217 of title 23, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``pedestrian walkways and bicycle'' and
inserting ``pedestrian walkways and bicycle and shared
micromobility''; and
(B) by striking ``safe bicycle use'' and inserting ``safe
access for bicyclists and pedestrians'';
(2) in subsection (d), by striking ``a position'' and inserting
``up to 2 positions'';
(3) in subsection (e), by striking ``bicycles'' each place it
appears and inserting ``pedestrians or bicyclists'';
(4) in subsection (f), by striking ``and a bicycle'' and
inserting ``or a bicycle or shared micromobility''; and
(5) in subsection (j), by striking paragraph (2) and inserting
the following:
``(2) Electric bicycle.--
``(A) In general.--The term `electric bicycle' means a
bicycle--
``(i) equipped with fully operable pedals, a saddle or
seat for the rider, and an electric motor of less than 750
watts;
``(ii) that can safely share a bicycle transportation
facility with other users of such facility; and
``(iii) that is a class 1 electric bicycle, class 2
electric bicycle, or class 3 electric bicycle.
``(B) Classes of electric bicycles.--
``(i) Class 1 electric bicycle.--For purposes of
subparagraph (A)(iii), the term `class 1 electric bicycle'
means an electric bicycle, other than a class 3 electric
bicycle, equipped with a motor that--
``(I) provides assistance only when the rider is
pedaling; and
``(II) ceases to provide assistance when the speed
of the bicycle reaches or exceeds 20 miles per hour.
``(ii) Class 2 electric bicycle.--For purposes of
subparagraph (A)(iii), the term `class 2 electric bicycle'
means an electric bicycle equipped with a motor that--
``(I) may be used exclusively to propel the
bicycle; and
``(II) is not capable of providing assistance when
the speed of the bicycle reaches or exceeds 20 miles
per hour.
``(iii) Class 3 electric bicycle.--For purposes of
subparagraph (A)(iii), the term `class 3 electric bicycle'
means an electric bicycle equipped with a motor that--
``(I) provides assistance only when the rider is
pedaling; and
``(II) ceases to provide assistance when the speed
of the bicycle reaches or exceeds 28 miles per hour.''.
SEC. 11134. RECREATIONAL TRAILS PROGRAM.
Section 206 of title 23, United States Code, is amended by adding
at the end the following:
``(j) Use of Other Apportioned Funds.--Funds apportioned to a State
under section 104(b) that are obligated for a recreational trail or a
related project shall be administered as if the funds were made
available to carry out this section.''.
SEC. 11135. UPDATES TO MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES.
In carrying out the first update to the Manual on Uniform Traffic
Control Devices under section 109(d)(2) of title 23, United States
Code, to the greatest extent practicable, the Secretary shall include
updates necessary to provide for--
(1) the protection of vulnerable road users (as defined in
section 148(a) of title 23, United States Code);
(2) supporting the safe testing of automated vehicle technology
and any preparation necessary for the safe integration of automated
vehicles onto public streets;
(3) appropriate use of variable message signs to enhance public
safety;
(4) the minimum retroreflectivity of traffic control devices
and pavement markings; and
(5) any additional recommendations made by the National
Committee on Uniform Traffic Control Devices that have not been
incorporated into the Manual on Uniform Traffic Control Devices.
Subtitle B--Planning and Performance Management
SEC. 11201. TRANSPORTATION PLANNING.
(a) Metropolitan Transportation Planning.--Section 134 of title 23,
United States Code, is amended--
(1) in subsection (d)--
(A) in paragraph (3), by adding at the end the following:
``(D) Considerations.--In designating officials or
representatives under paragraph (2) for the first time, subject
to the bylaws or enabling statute of the metropolitan planning
organization, the metropolitan planning organization shall
consider the equitable and proportional representation of the
population of the metropolitan planning area.''; and
(B) in paragraph (7)--
(i) by striking ``an existing metropolitan planning
area'' and inserting ``an existing urbanized area (as
defined by the Bureau of the Census)''; and
(ii) by striking ``the existing metropolitan planning
area'' and inserting ``the area'';
(2) in subsection (g)--
(A) in paragraph (1), by striking ``a metropolitan area''
and inserting ``an urbanized area (as defined by the Bureau of
the Census)''; and
(B) by adding at the end the following:
``(4) Coordination between MPOs.--If more than 1 metropolitan
planning organization is designated within an urbanized area (as
defined by the Bureau of the Census) under subsection (d)(7), the
metropolitan planning organizations designated within the area
shall ensure, to the maximum extent practicable, the consistency of
any data used in the planning process, including information used
in forecasting travel demand.
``(5) Savings clause.--Nothing in this subsection requires
metropolitan planning organizations designated within a single
urbanized area to jointly develop planning documents, including a
unified long-range transportation plan or unified TIP.'';
(3) in subsection (i)(6), by adding at the end the following:
``(D) Use of technology.--A metropolitan planning
organization may use social media and other web-based tools--
``(i) to further encourage public participation; and
``(ii) to solicit public feedback during the
transportation planning process.''; and
(4) in subsection (p), by striking ``paragraphs (5)(D) and (6)
of section 104(b) of this title'' and inserting ``section
104(b)(6)''.
(b) Statewide and Nonmetropolitan Transportation Planning.--Section
135(f)(3) of title 23, United States Code, is amended by adding at the
end the following:
``(C) Use of technology.--A State may use social media and
other web-based tools--
``(i) to further encourage public participation; and
``(ii) to solicit public feedback during the
transportation planning process.''.
(c) Conforming Amendment.--Section 135(i) of title 23, United
States Code, is amended by striking ``paragraphs (5)(D) and (6) of
section 104(b) of this title'' and inserting ``section 104(b)(6)''.
(d) Housing Coordination.--Section 134 of title 23, United States
Code, is amended--
(1) in subsection (a)(1), by inserting ``better connect housing
and employment,'' after ``urbanized areas'';
(2) in subsection (g)(3)(A), by inserting ``housing,'' after
``economic development,'';
(3) in subsection (h)(1)(E), by inserting ``, housing,'' after
``growth'';
(4) in subsection (i)--
(A) in paragraph (4)(B)--
(i) by redesignating clauses (iii) through (vi) as
clauses (iv) through (vii), respectively; and
(ii) by inserting after clause (ii) the following:
``(iii) assumed distribution of population and
housing;''; and
(B) in paragraph (6)(A), by inserting ``affordable housing
organizations,'' after ``disabled,''; and
(5) in subsection (k)--
(A) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), respectively; and
(B) by inserting after paragraph (3) the following:
``(4) Housing coordination process.--
``(A) In general.--Within a metropolitan planning area
serving a transportation management area, the transportation
planning process under this section may address the integration
of housing, transportation, and economic development strategies
through a process that provides for effective integration,
based on a cooperatively developed and implemented strategy, of
new and existing transportation facilities eligible for funding
under this title and chapter 53 of title 49.
``(B) Coordination in integrated planning process.--In
carrying out the process described in subparagraph (A), a
metropolitan planning organization may--
``(i) consult with--
``(I) State and local entities responsible for land
use, economic development, housing, management of road
networks, or public transportation; and
``(II) other appropriate public or private
entities; and
``(ii) coordinate, to the extent practicable, with
applicable State and local entities to align the goals of
the process with the goals of any comprehensive housing
affordability strategies established within the
metropolitan planning area pursuant to section 105 of the
Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 12705) and plans developed under section 5A of the
United States Housing Act of 1937 (42 U.S.C. 1437c-1).
``(C) Housing coordination plan.--
``(i) In general.--A metropolitan planning organization
serving a transportation management area may develop a
housing coordination plan that includes projects and
strategies that may be considered in the metropolitan
transportation plan of the metropolitan planning
organization.
``(ii) Contents.--A plan described in clause (i) may--
``(I) develop regional goals for the integration of
housing, transportation, and economic development
strategies to--
``(aa) better connect housing and employment
while mitigating commuting times;
``(bb) align transportation improvements with
housing needs, such as housing supply shortages,
and proposed housing development;
``(cc) align planning for housing and
transportation to address needs in relationship to
household incomes within the metropolitan planning
area;
``(dd) expand housing and economic development
within the catchment areas of existing
transportation facilities and public transportation
services when appropriate, including higher-density
development, as locally determined;
``(ee) manage effects of growth of vehicle
miles traveled experienced in the metropolitan
planning area related to housing development and
economic development;
``(ff) increase share of households with
sufficient and affordable access to the
transportation networks of the metropolitan
planning area;
``(II) identify the location of existing and
planned housing and employment, and transportation
options that connect housing and employment; and
``(III) include a comparison of transportation
plans to land use management plans, including zoning
plans, that may affect road use, public transportation
ridership, and housing development.''.
SEC. 11202. FISCAL CONSTRAINT ON LONG-RANGE TRANSPORTATION PLANS.
Not later than 1 year after the date of enactment of this Act, the
Secretary shall amend section 450.324(f)(11)(v) of title 23, Code of
Federal Regulations, to ensure that the outer years of a metropolitan
transportation plan are defined as ``beyond the first 4 years''.
SEC. 11203. STATE HUMAN CAPITAL PLANS.
(a) In General.--Chapter 1 of title 23, United States Code (as
amended by section 11132(a)), is amended by adding at the end the
following:
``Sec. 174. State human capital plans
``(a) In General.--Not later than 18 months after the date of
enactment of this section, the Secretary shall encourage each State to
develop a voluntary plan, to be known as a `human capital plan', that
provides for the immediate and long-term personnel and workforce needs
of the State with respect to the capacity of the State to deliver
transportation and public infrastructure eligible under this title.
``(b) Plan Contents.--
``(1) In general.--A human capital plan developed by a State
under subsection (a) shall, to the maximum extent practicable, take
into consideration--
``(A) significant transportation workforce trends, needs,
issues, and challenges with respect to the State;
``(B) the human capital policies, strategies, and
performance measures that will guide the transportation-related
workforce investment decisions of the State;
``(C) coordination with educational institutions, industry,
organized labor, workforce boards, and other agencies or
organizations to address the human capital transportation needs
of the State;
``(D) a workforce planning strategy that identifies current
and future human capital needs, including the knowledge,
skills, and abilities needed to recruit and retain skilled
workers in the transportation industry;
``(E) a human capital management strategy that is aligned
with the transportation mission, goals, and organizational
objectives of the State;
``(F) an implementation system for workforce goals focused
on addressing continuity of leadership and knowledge sharing
across the State;
``(G) an implementation system that addresses workforce
competency gaps, particularly in mission-critical occupations;
``(H) in the case of public-private partnerships or other
alternative project delivery methods to carry out the
transportation program of the State, a description of workforce
needs--
``(i) to ensure that the transportation mission, goals,
and organizational objectives of the State are fully
carried out; and
``(ii) to ensure that procurement methods provide the
best public value;
``(I) a system for analyzing and evaluating the performance
of the State department of transportation with respect to all
aspects of human capital management policies, programs, and
activities; and
``(J) the manner in which the plan will improve the ability
of the State to meet the national policy in support of
performance management established under section 150.
``(2) Planning period.--If a State develops a human capital
plan under subsection (a), the plan shall address a 5-year forecast
period.
``(c) Plan Updates.--If a State develops a human capital plan under
subsection (a), the State shall update the plan not less frequently
than once every 5 years.
``(d) Relationship to Long-range Plan.--
``(1) In general.--Subject to paragraph (2), a human capital
plan developed by a State under subsection (a) may be developed
separately from, or incorporated into, the long-range statewide
transportation plan required under section 135.
``(2) Effect of section.--Nothing in this section requires a
State, or authorizes the Secretary to require a State, to
incorporate a human capital plan into the long-range statewide
transportation plan required under section 135.
``(e) Public Availability.--Each State that develops a human
capital plan under subsection (a) shall make a copy of the plan
available to the public in a user-friendly format on the website of the
State department of transportation.
``(f) Savings Provision.--Nothing in this section prevents a State
from carrying out transportation workforce planning--
``(1) not described in this section; or
``(2) not in accordance with this section.''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code (as amended by section 11132(b)), is amended by
inserting after the item relating to section 173 the following:
``174. State human capital plans.''.
SEC. 11204. PRIORITIZATION PROCESS PILOT PROGRAM.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means any of
the following:
(A) A metropolitan planning organization that serves an
area with a population of over 200,000.
(B) A State.
(2) Metropolitan planning organization.--The term
``metropolitan planning organization'' has the meaning given the
term in section 134(b) of title 23, United States Code.
(3) Prioritization process pilot program.--The term
``prioritization process pilot program'' means the pilot program
established under subsection (b)(1).
(b) Establishment.--
(1) In general.--The Secretary shall establish and solicit
applications for a prioritization process pilot program.
(2) Purpose.--The purpose of the prioritization process pilot
program shall be to support data-driven approaches to planning
that, on completion, can be evaluated for public benefit.
(c) Pilot Program Administration.--
(1) In general.--An eligible entity participating in the
prioritization process pilot program shall--
(A) use priority objectives that are developed--
(i) in the case of an urbanized area with a population
of over 200,000, by the metropolitan planning organization
that serves the area, in consultation with the State;
(ii) in the case of an urbanized area with a population
of 200,000 or fewer, by the State in consultation with all
metropolitan planning organizations in the State; and
(iii) through a public process that provides an
opportunity for public input;
(B) assess and score projects and strategies on the basis
of--
(i) the contribution and benefits of the project or
strategy to each priority objective developed under
subparagraph (A);
(ii) the cost of the project or strategy relative to
the contribution and benefits assessed and scored under
clause (i); and
(iii) public support;
(C) use the scores assigned under subparagraph (B) to guide
project selection in the development of the transportation plan
and transportation improvement program; and
(D) ensure that the public--
(i) has opportunities to provide public comment on
projects before decisions are made on the transportation
plan and the transportation improvement program; and
(ii) has access to clear reasons why each project or
strategy was selected or not selected.
(2) Requirements.--An eligible entity that receives a grant
under the prioritization process pilot program shall use the funds
as described in each of the following, as applicable:
(A) Metropolitan transportation planning.--In the case of a
metropolitan planning organization that serves an area with a
population of over 200,000, the entity shall--
(i) develop and implement a publicly accessible,
transparent prioritization process for the selection of
projects for inclusion on the transportation plan for the
metropolitan planning area under section 134(i) of title
23, United States Code, and section 5303(i) of title 49,
United States Code, which shall--
(I) include criteria identified by the metropolitan
planning organization, which may be weighted to reflect
the priority objectives developed under paragraph
(1)(A), that the metropolitan planning organization has
determined support--
(aa) factors described in section 134(h) of
title 23, United States Code, and section 5303(h)
of title 49, United States Code;
(bb) targets for national performance measures
under section 150(b) of title 23, United States
Code;
(cc) applicable transportation goals in the
metropolitan planning area or State set by the
applicable transportation agency; and
(dd) priority objectives developed under
paragraph (1)(A);
(II) evaluate the outcomes for each proposed
project on the basis of the benefits of the proposed
project with respect to each of the criteria described
in subclause (I) relative to the cost of the proposed
project; and
(III) use the evaluation under subclause (II) to
create a ranked list of proposed projects; and
(ii) with respect to the priority list under section
134(j)(2)(A) of title 23 and section 5303(j)(2)(A) of title
49, United States Code, include projects according to the
rank of the project under clause (i)(III), except as
provided in subparagraph (D).
(B) Statewide transportation planning.--In the case of a
State, the State shall--
(i) develop and implement a publicly accessible,
transparent process for the selection of projects for
inclusion on the long-range statewide transportation plan
under section 135(f) of title 23, United States Code, which
shall--
(I) include criteria identified by the State, which
may be weighted to reflect statewide priorities, that
the State has determined support--
(aa) factors described in section 135(d) of
title 23, United States Code, and section 5304(d)
of title 49, United States Code;
(bb) national transportation goals under
section 150(b) of title 23, United States Code;
(cc) applicable transportation goals in the
State; and
(dd) the priority objectives developed under
paragraph (1)(A);
(II) evaluate the outcomes for each proposed
project on the basis of the benefits of the proposed
project with respect to each of the criteria described
in subclause (I) relative to the cost of the proposed
project; and
(III) use the evaluation under subclause (II) to
create a ranked list of proposed projects; and
(ii) with respect to the statewide transportation
improvement program under section 135(g) of title 23,
United States Code, and section 5304(g) of title 49, United
States Code, include projects according to the rank of the
project under clause (i)(III), except as provided in
subparagraph (D).
(C) Additional transportation planning.--If the eligible
entity has implemented, and has in effect, the requirements
under subparagraph (A) or (B), as applicable, the eligible
entity may use any remaining funds from a grant provided under
the pilot program for any transportation planning purpose.
(D) Exceptions to priority ranking.--In the case of any
project that the eligible entity chooses to include or not
include in the transportation improvement program under section
134(j) of title 23, United States Code, or the statewide
transportation improvement program under section 135(g) of
title 23, United States Code, as applicable, in a manner that
is contrary to the priority ranking for that project
established under subparagraph (A)(i)(III) or (B)(i)(III), the
eligible entity shall make publicly available an explanation
for the decision, including--
(i) a review of public comments regarding the project;
(ii) an evaluation of public support for the project;
(iii) an assessment of geographic balance of projects
of the eligible entity; and
(iv) the number of projects of the eligible entity in
economically distressed areas.
(3) Maximum amount.--The maximum amount of a grant under the
prioritization process pilot program is $2,000,000.
(d) Applications.--To be eligible to participate in the
prioritization process pilot program, an eligible entity shall submit
to the Secretary an application at such time, in such manner, and
containing such information as the Secretary may require.
SEC. 11205. TRAVEL DEMAND DATA AND MODELING.
(a) Definition of Metropolitan Planning Organization.--In this
section, the term ``metropolitan planning organization'' has the
meaning given the term in section 134(b) of title 23, United States
Code.
(b) Study.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, and not less frequently than once every 5
years thereafter, the Secretary shall carry out a study that--
(A) gathers travel data and travel demand forecasts from a
representative sample of States and metropolitan planning
organizations;
(B) uses the data and forecasts gathered under subparagraph
(A) to compare travel demand forecasts with the observed data,
including--
(i) traffic counts;
(ii) travel mode share and public transit ridership;
and
(iii) vehicle occupancy measures; and
(C) uses the information described in subparagraphs (A) and
(B)--
(i) to develop best practices or guidance for States
and metropolitan planning organizations to use in
forecasting travel demand for future investments in
transportation improvements;
(ii) to evaluate the impact of transportation
investments, including new roadway capacity, on travel
behavior and travel demand, including public transportation
ridership, induced highway travel, and congestion;
(iii) to support more accurate travel demand
forecasting by States and metropolitan planning
organizations; and
(iv) to enhance the capacity of States and metropolitan
planning organizations--
(I) to forecast travel demand; and
(II) to track observed travel behavior responses,
including induced travel, to changes in transportation
capacity, pricing, and land use patterns.
(2) Secretarial support.--The Secretary shall seek
opportunities to support the transportation planning processes
under sections 134 and 135 of title 23, United States Code, through
the provision of data to States and metropolitan planning
organizations to improve the quality of plans, models, and
forecasts described in this subsection.
(3) Evaluation tool.--The Secretary shall develop a publicly
available multimodal web-based tool for the purpose of enabling
States and metropolitan planning organizations to evaluate the
effect of investments in highway and public transportation projects
on the use and conditions of all transportation assets within the
State or area served by the metropolitan planning organization, as
applicable.
SEC. 11206. INCREASING SAFE AND ACCESSIBLE TRANSPORTATION OPTIONS.
(a) Definition of Complete Streets Standards or Policies.--In this
section, the term ``Complete Streets standards or policies'' means
standards or policies that ensure the safe and adequate accommodation
of all users of the transportation system, including pedestrians,
bicyclists, public transportation users, children, older individuals,
individuals with disabilities, motorists, and freight vehicles.
(b) Funding Requirement.--Notwithstanding any other provision of
law, each State and metropolitan planning organization shall use to
carry out 1 or more activities described in subsection (c)--
(1) in the case of a State, not less than 2.5 percent of the
amounts made available to the State to carry out section 505 of
title 23, United States Code; and
(2) in the case of a metropolitan planning organization, not
less than 2.5 percent of the amounts made available to the
metropolitan planning organization under section 104(d) of title
23, United States Code.
(c) Activities Described.--An activity referred to in subsection
(b) is an activity to increase safe and accessible options for multiple
travel modes for people of all ages and abilities, which, if
permissible under applicable State and local laws, may include--
(1) adoption of Complete Streets standards or policies;
(2) development of a Complete Streets prioritization plan that
identifies a specific list of Complete Streets projects to improve
the safety, mobility, or accessibility of a street;
(3) development of transportation plans--
(A) to create a network of active transportation
facilities, including sidewalks, bikeways, or pedestrian and
bicycle trails, to connect neighborhoods with destinations such
as workplaces, schools, residences, businesses, recreation
areas, healthcare and child care services, or other community
activity centers;
(B) to integrate active transportation facilities with
public transportation service or improve access to public
transportation;
(C) to create multiuse active transportation infrastructure
facilities, including bikeways or pedestrian and bicycle
trails, that make connections within or between communities;
(D) to increase public transportation ridership; and
(E) to improve the safety of bicyclists and pedestrians;
(4) regional and megaregional planning to address travel demand
and capacity constraints through alternatives to new highway
capacity, including through intercity passenger rail; and
(5) development of transportation plans and policies that
support transit-oriented development.
(d) Federal Share.--The Federal share of the cost of an activity
carried out under this section shall be 80 percent, unless the
Secretary determines that the interests of the Federal-aid highway
program would be best served by decreasing or eliminating the non-
Federal share.
(e) State Flexibility.--A State or metropolitan planning
organization, with the approval of the Secretary, may opt out of the
requirements of this section if the State or metropolitan planning
organization demonstrates to the Secretary, by not later than 30 days
before the Secretary apportions funds for a fiscal year under section
104, that the State or metropolitan planning organization--
(1) has Complete Streets standards and policies in place; and
(2) has developed an up-to-date Complete Streets prioritization
plan as described in subsection (c)(2).
Subtitle C--Project Delivery and Process Improvement
SEC. 11301. CODIFICATION OF ONE FEDERAL DECISION.
(a) In General.--Section 139 of title 23, United States Code, is
amended--
(1) in the section heading, by striking ``decisionmaking'' and
inserting ``decisionmaking and One Federal Decision'';
(2) in subsection (a)--
(A) by redesignating paragraphs (2) through (8) as
paragraphs (4), (5), (6), (8), (9), (10), and (11),
respectively;
(B) by inserting after paragraph (1) the following:
``(2) Authorization.--The term `authorization' means any
environmental license, permit, approval, finding, or other
administrative decision related to the environmental review process
that is required under Federal law to site, construct, or
reconstruct a project.
``(3) Environmental document.--The term `environmental
document' includes an environmental assessment, finding of no
significant impact, notice of intent, environmental impact
statement, or record of decision under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).'';
(C) in subparagraph (B) of paragraph (5) (as so
redesignated), by striking ``process for and completion of any
environmental permit'' and inserting ``process and schedule,
including a timetable for and completion of any environmental
permit''; and
(D) by inserting after paragraph (6) (as so redesignated)
the following:
``(7) Major project.--
``(A) In general.--The term `major project' means a project
for which--
``(i) multiple permits, approvals, reviews, or studies
are required under a Federal law other than the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
``(ii) the project sponsor has identified the
reasonable availability of funds sufficient to complete the
project;
``(iii) the project is not a covered project (as
defined in section 41001 of the FAST Act (42 U.S.C.
4370m)); and
``(iv)(I) the head of the lead agency has determined
that an environmental impact statement is required; or
``(II) the head of the lead agency has determined that
an environmental assessment is required, and the project
sponsor requests that the project be treated as a major
project.
``(B) Clarification.--In this section, the term `major
project' does not have the same meaning as the term `major
project' as described in section 106(h).'';
(3) in subsection (b)(1)--
(A) by inserting ``, including major projects,'' after
``all projects''; and
(B) by inserting ``as requested by a project sponsor and''
after ``applied,'';
(4) in subsection (c)--
(A) in paragraph (6)--
(i) in subparagraph (B), by striking ``and'' at the
end;
(ii) in subparagraph (C), by striking the period at the
end and inserting ``; and''; and
(iii) by adding at the end the following:
``(D) to calculate annually the average time taken by the
lead agency to complete all environmental documents for each
project during the previous fiscal year.''; and
(B) by adding at the end the following:
``(7) Process improvements for projects.--
``(A) In general.--The Secretary shall review--
``(i) existing practices, procedures, rules,
regulations, and applicable laws to identify impediments to
meeting the requirements applicable to projects under this
section; and
``(ii) best practices, programmatic agreements, and
potential changes to internal departmental procedures that
would facilitate an efficient environmental review process
for projects.
``(B) Consultation.--In conducting the review under
subparagraph (A), the Secretary shall consult, as appropriate,
with the heads of other Federal agencies that participate in
the environmental review process.
``(C) Report.--Not later than 2 years after the date of
enactment of the Surface Transportation Reauthorization Act of
2021, the Secretary shall submit to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report that includes--
``(i) the results of the review under subparagraph (A);
and
``(ii) an analysis of whether additional funding would
help the Secretary meet the requirements applicable to
projects under this section.'';
(5) in subsection (d)--
(A) in paragraph (8)--
(i) in the paragraph heading, by striking ``NEPA'' and
inserting ``environmental'';
(ii) in subparagraph (A)--
(I) by inserting ``and except as provided in
subparagraph (D)'' after ``paragraph (7)'';
(II) by striking ``permits'' and inserting
``authorizations''; and
(III) by striking ``single environment document''
and inserting ``single environmental document for each
kind of environmental document'';
(iii) in subparagraph (B)(i)--
(I) by striking ``an environmental document'' and
inserting ``environmental documents''; and
(II) by striking ``permits issued'' and inserting
``authorizations''; and
(iv) by adding at the end the following:
``(D) Exceptions.--The lead agency may waive the
application of subparagraph (A) with respect to a project if--
``(i) the project sponsor requests that agencies issue
separate environmental documents;
``(ii) the obligations of a cooperating agency or
participating agency under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) have already
been satisfied with respect to the project; or
``(iii) the lead agency determines that reliance on a
single environmental document (as described in subparagraph
(A)) would not facilitate timely completion of the
environmental review process for the project.''; and
(B) by adding at the end the following:
``(10) Timely authorizations for major projects.--
``(A) Deadline.--Except as provided in subparagraph (C),
all authorization decisions necessary for the construction of a
major project shall be completed by not later than 90 days
after the date of the issuance of a record of decision for the
major project.
``(B) Detail.--The final environmental impact statement for
a major project shall include an adequate level of detail to
inform decisions necessary for the role of the participating
agencies and cooperating agencies in the environmental review
process.
``(C) Extension of deadline.--The head of the lead agency
may extend the deadline under subparagraph (A) if--
``(i) Federal law prohibits the lead agency or another
agency from issuing an approval or permit within the period
described in that subparagraph;
``(ii) the project sponsor requests that the permit or
approval follow a different timeline; or
``(iii) an extension would facilitate completion of the
environmental review and authorization process of the major
project.'';
(6) in subsection (g)(1)--
(A) in subparagraph (B)--
(i) in clause (ii)(IV), by striking ``schedule for and
cost of'' and inserting ``time required by an agency to
conduct an environmental review and make decisions under
applicable Federal law relating to a project (including the
issuance or denial of a permit or license) and the cost
of''; and
(ii) by adding at the end the following:
``(iii) Major project schedule.--To the maximum extent
practicable and consistent with applicable Federal law, in
the case of a major project, the lead agency shall develop,
in concurrence with the project sponsor, a schedule for the
major project that is consistent with an agency average of
not more than 2 years for the completion of the
environmental review process for major projects, as
measured from, as applicable--
``(I) the date of publication of a notice of intent
to prepare an environmental impact statement to the
record of decision; or
``(II) the date on which the head of the lead
agency determines that an environmental assessment is
required to a finding of no significant impact.'';
(B) by striking subparagraph (D) and inserting the
following:
``(D) Modification.--
``(i) In general.--Except as provided in clause (ii),
the lead agency may lengthen or shorten a schedule
established under subparagraph (B) for good cause.
``(ii) Exceptions.--
``(I) Major projects.--In the case of a major
project, the lead agency may lengthen a schedule under
clause (i) for a cooperating Federal agency by not more
than 1 year after the latest deadline established for
the major project by the lead agency.
``(II) Shortened schedules.--The lead agency may
not shorten a schedule under clause (i) if doing so
would impair the ability of a cooperating Federal
agency to conduct necessary analyses or otherwise carry
out relevant obligations of the Federal agency for the
project.'';
(C) by redesignating subparagraph (E) as subparagraph (F);
and
(D) by inserting after subparagraph (D) the following:
``(E) Failure to meet deadline.--If a cooperating Federal
agency fails to meet a deadline established under subparagraph
(D)(ii)(I)--
``(i) the cooperating Federal agency shall submit to
the Secretary a report that describes the reasons why the
deadline was not met; and
``(ii) the Secretary shall--
``(I) transmit to the Committee on Environment and
Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a copy of the report under clause (i);
and
``(II) make the report under clause (i) publicly
available on the internet.'';
(7) in subsection (n), by adding at the end the following:
``(3) Length of environmental document.--
``(A) In general.--Notwithstanding any other provision of
law and except as provided in subparagraph (B), to the maximum
extent practicable, the text of the items described in
paragraphs (4) through (6) of section 1502.10(a) of title 40,
Code of Federal Regulations (or successor regulations), of an
environmental impact statement for a project shall be 200 pages
or fewer.
``(B) Exemption.--An environmental impact statement for a
project may exceed 200 pages, if the lead agency establishes a
new page limit for the environmental impact statement for that
project.''; and
(8) by adding at the end the following:
``(p) Accountability and Reporting for Major Projects.--
``(1) In general.--The Secretary shall establish a performance
accountability system to track each major project.
``(2) Requirements.--The performance accountability system
under paragraph (1) shall, for each major project, track, at a
minimum--
``(A) the environmental review process for the major
project, including the project schedule;
``(B) whether the lead agency, cooperating agencies, and
participating agencies are meeting the schedule established for
the environmental review process; and
``(C) the time taken to complete the environmental review
process.
``(q) Development of Categorical Exclusions.--
``(1) In general.--Not later than 60 days after the date of
enactment of this subsection, and every 4 years thereafter, the
Secretary shall--
``(A) in consultation with the agencies described in
paragraph (2), identify the categorical exclusions described in
section 771.117 of title 23, Code of Federal Regulations (or
successor regulations), that would accelerate delivery of a
project if those categorical exclusions were available to those
agencies;
``(B) collect existing documentation and substantiating
information on the categorical exclusions described in
subparagraph (A); and
``(C) provide to each agency described in paragraph (2)--
``(i) a list of the categorical exclusions identified
under subparagraph (A); and
``(ii) the documentation and substantiating information
under subparagraph (B).
``(2) Agencies described.--The agencies referred to in
paragraph (1) are--
``(A) the Department of the Interior;
``(B) the Department of the Army;
``(C) the Department of Commerce;
``(D) the Department of Agriculture;
``(E) the Department of Energy;
``(F) the Department of Defense; and
``(G) any other Federal agency that has participated in an
environmental review process for a project, as determined by
the Secretary.
``(3) Adoption of categorical exclusions.--
``(A) In general.--Not later than 1 year after the date on
which the Secretary provides a list under paragraph (1)(C), an
agency described in paragraph (2) shall publish a notice of
proposed rulemaking to propose any categorical exclusions from
the list applicable to the agency, subject to the condition
that the categorical exclusion identified under paragraph
(1)(A) meets the criteria for a categorical exclusion under
section 1508.1 of title 40, Code of Federal Regulations (or
successor regulations).
``(B) Public comment.--In a notice of proposed rulemaking
under subparagraph (A), the applicable agency may solicit
comments on whether any of the proposed new categorical
exclusions meet the criteria for a categorical exclusion under
section 1508.1 of title 40, Code of Federal Regulations (or
successor regulations).''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by striking the item relating to section
139 and inserting the following:
``139. Efficient environmental reviews for project decisionmaking and
One Federal Decision.''.
SEC. 11302. WORK ZONE PROCESS REVIEWS.
The Secretary shall amend section 630.1008(e) of title 23, Code of
Federal Regulations, to ensure that the work zone process review under
that subsection is required not more frequently than once every 5
years.
SEC. 11303. TRANSPORTATION MANAGEMENT PLANS.
(a) In General.--The Secretary shall amend section 630.1010(c) of
title 23, Code of Federal Regulations, to ensure that only a project
described in that subsection with a lane closure for 3 or more
consecutive days shall be considered to be a significant project for
purposes of that section.
(b) Non-Interstate Projects.--Notwithstanding any other provision
of law, a State shall not be required to develop or implement a
transportation management plan (as described in section 630.1012 of
title 23, Code of Federal Regulations (or successor regulations)) for a
highway project not on the Interstate System if the project requires
not more than 3 consecutive days of lane closures.
SEC. 11304. INTELLIGENT TRANSPORTATION SYSTEMS.
(a) In General.--The Secretary shall develop guidance for using
existing flexibilities with respect to the systems engineering analysis
described in part 940 of title 23, Code of Federal Regulations (or
successor regulations).
(b) Implementation.--The Secretary shall ensure that any guidance
developed under subsection (a)--
(1) clearly identifies criteria for low-risk and exempt
intelligent transportation systems projects, with a goal of
minimizing unnecessary delay or paperwork burden;
(2) is consistently implemented by the Department nationwide;
and
(3) is disseminated to Federal-aid recipients.
(c) Savings Provision.--Nothing in this section prevents the
Secretary from amending part 940 of title 23, Code of Federal
Regulations (or successor regulations), to reduce State administrative
burdens.
SEC. 11305. ALTERNATIVE CONTRACTING METHODS.
(a) Alternative Contracting Methods for Federal Land Management
Agencies and Tribal Governments.--Section 201 of title 23, United
States Code, is amended by adding at the end the following:
``(f) Alternative Contracting Methods.--
``(1) In general.--Notwithstanding any other provision of law
(including the Federal Acquisition Regulation), a contracting
method available to a State under this title may be used by the
Secretary, on behalf of--
``(A) a Federal land management agency, in using any funds
pursuant to section 203, 204, or 308;
``(B) a Federal land management agency, in using any funds
pursuant to section 1535 of title 31 for any of the eligible
uses described in sections 203(a)(1) and 204(a)(1) and
paragraphs (1) and (2) of section 308(a); or
``(C) a Tribal government, in using funds pursuant to
section 202(b)(7)(D).
``(2) Methods described.--The contracting methods referred to
in paragraph (1) shall include, at a minimum--
``(A) project bundling;
``(B) bridge bundling;
``(C) design-build contracting;
``(D) 2-phase contracting;
``(E) long-term concession agreements; and
``(F) any method tested, or that could be tested, under an
experimental program relating to contracting methods carried
out by the Secretary.
``(3) Effect.--Nothing in this subsection--
``(A) affects the application of the Federal share for the
project carried out with a contracting method under this
subsection; or
``(B) modifies the point of obligation of Federal salaries
and expenses.''.
(b) Cooperation With Federal and State Agencies and Foreign
Countries.--Section 308(a) of title 23, United States Code, is amended
by adding at the end the following:
``(4) Alternative contracting methods.--
``(A) In general.--Notwithstanding any other provision of
law (including the Federal Acquisition Regulation), in
performing services under paragraph (1), the Secretary may use
any contracting method available to a State under this title.
``(B) Methods described.--The contracting methods referred
to in subparagraph (A) shall include, at a minimum--
``(i) project bundling;
``(ii) bridge bundling;
``(iii) design-build contracting;
``(iv) 2-phase contracting;
``(v) long-term concession agreements; and
``(vi) any method tested, or that could be tested,
under an experimental program relating to contracting
methods carried out by the Secretary.''.
(c) Use of Alternative Contracting Methods.--In carrying out an
alternative contracting method under section 201(f) or 308(a)(4) of
title 23, United States Code, the Secretary shall--
(1) in consultation with the applicable Federal land management
agencies, establish clear procedures that are--
(A) applicable to the alternative contracting method; and
(B) to the maximum extent practicable, consistent with the
requirements applicable to Federal procurement transactions;
(2) solicit input on the use of the alternative contracting
method from the affected industry prior to using the method; and
(3) analyze and prepare an evaluation of the use of the
alternative contracting method.
SEC. 11306. FLEXIBILITY FOR PROJECTS.
Section 1420 of the FAST Act (23 U.S.C. 101 note; Public Law 114-
94) is amended--
(1) in subsection (a), by striking ``and on request by a State,
the Secretary may'' in the matter preceding paragraph (1) and all
that follows through the period at the end of paragraph (2) and
inserting the following: ``, on request by a State, and if in the
public interest (as determined by the Secretary), the Secretary
shall exercise all existing flexibilities under--
``(1) the requirements of title 23, United States Code; and
``(2) other requirements administered by the Secretary, in
whole or in part.''; and
(2) in subsection (b)(2)(A), by inserting ``(including
regulations)'' after ``environmental law''.
SEC. 11307. IMPROVED FEDERAL-STATE STEWARDSHIP AND OVERSIGHT
AGREEMENTS.
(a) Definition of Template.--In this section, the term ``template''
means a template created by the Secretary for Federal-State stewardship
and oversight agreements that--
(1) includes all standard terms found in stewardship and
oversight agreements, including any terms in an attachment to the
agreement;
(2) is developed in accordance with section 106 of title 23,
United States Code, or any other applicable authority; and
(3) may be developed with consideration of relevant
regulations, guidance, or policies.
(b) Request for Comment.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Secretary shall publish in the Federal
Register the template and a notice requesting public comment on
ways to improve the template.
(2) Comment period.--The Secretary shall provide a period of
not less than 60 days for public comment on the notice under
paragraph (1).
(3) Certain issues.--The notice under paragraph (1) shall allow
comment on any aspect of the template and shall specifically
request public comment on--
(A) whether the template should be revised to delete
standard terms requiring approval by the Secretary of the
policies, procedures, processes, or manuals of the States, or
other State actions, if Federal law (including regulations)
does not specifically require an approval;
(B) opportunities to modify the template to allow
adjustments to the review schedules for State practices or
actions, including through risk-based approaches, program
reviews, process reviews, or other means; and
(C) any other matters that the Secretary determines to be
appropriate.
(c) Notice of Action; Updates.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, after considering the comments received in
response to the Federal Register notice under subsection (b), the
Secretary shall publish in the Federal Register a notice that--
(A) describes any proposed changes to be made, and any
alternatives to such changes, to the template;
(B) addresses comments in response to which changes were
not made to the template; and
(C) prescribes a schedule and a plan to execute a process
for implementing the changes referred to in subparagraph (A).
(2) Approval requirements.--In addressing comments under
paragraph (1)(B), the Secretary shall include an explanation of the
basis for retaining any requirement for approval of State policies,
procedures, processes, or manuals, or other State actions, if
Federal law (including regulations) does not specifically require
the approval.
(3) Implementation.--
(A) In general.--Not later than 60 days after the date on
which the notice under paragraph (1) is published, the
Secretary shall make changes to the template in accordance
with--
(i) the changes described in the notice under paragraph
(1)(A); and
(ii) the schedule and plan described in the notice
under paragraph (1)(C).
(B) Updates.--Not later than 1 year after the date on which
the revised template under subparagraph (A) is published, the
Secretary shall update existing agreements with States
according to the template updated under subparagraph (A).
(d) Inclusion of Non-standard Terms.--Nothing in this section
precludes the inclusion in a Federal-State stewardship and oversight
agreement of non-standard terms to address a State-specific matter,
including risk-based stewardship and Department oversight involvement
in individual projects of division interest.
(e) Compliance With Non-statutory Terms.--
(1) In general.--The Secretary shall not enforce or otherwise
require a State to comply with approval requirements that are not
required by Federal law (including regulations) in a Federal-State
stewardship and oversight agreement.
(2) Approval authority.--Notwithstanding any other provision of
law, the Secretary shall not assert approval authority over any
matter in a Federal-State stewardship and oversight agreement
reserved to States.
(f) Frequency of Reviews.--Section 106(g)(3) of title 23, United
States Code, is amended--
(1) by striking ``annual'';
(2) by striking ``The Secretary'' and inserting the following:
``(A) In general.--The Secretary''; and
(3) by adding at the end the following:
``(B) Frequency.--
``(i) In general.--Except as provided in clauses (ii)
and (iii), the Secretary shall carry out a review under
subparagraph (A) not less frequently than once every 2
years.
``(ii) Consultation with state.--The Secretary, after
consultation with a State, may make a determination to
carry out a review under subparagraph (A) for that State
less frequently than provided under clause (i).
``(iii) Cause.--If the Secretary determines that there
is a specific reason to require a review more frequently
than provided under clause (i) with respect to a State, the
Secretary may carry out a review more frequently than
provided under that clause.''.
SEC. 11308. GEOMATIC DATA.
(a) In General.--The Secretary shall develop guidance for the
acceptance and use of information obtained from a non-Federal entity
through geomatic techniques, including remote sensing and land
surveying, cartography, geographic information systems, global
navigation satellite systems, photogrammetry, or other remote means.
(b) Considerations.--In carrying out this section, the Secretary
shall ensure that acceptance or use of information described in
subsection (a) meets the data quality and operational requirements of
the Secretary.
(c) Public Comment.--Before issuing any final guidance under
subsection (a), the Secretary shall provide to the public--
(1) notice of the proposed guidance; and
(2) an opportunity to comment on the proposed guidance.
(d) Savings Clause.--Nothing in this section--
(1) requires the Secretary to accept or use information that
the Secretary determines does not meet the guidance developed under
this section; or
(2) changes the current statutory or regulatory requirements of
the Department.
SEC. 11309. EVALUATION OF PROJECTS WITHIN AN OPERATIONAL RIGHT-OF-WAY.
(a) In General.--Chapter 3 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 331. Evaluation of projects within an operational right-of-way
``(a) Definitions.--
``(1) Eligible project or activity.--
``(A) In general.--In this section, the term `eligible
project or activity' means a project or activity within an
existing operational right-of-way (as defined in section
771.117(c)(22) of title 23, Code of Federal Regulations (or
successor regulations))--
``(i)(I) eligible for assistance under this title; or
``(II) administered as if made available under this
title;
``(ii) that is--
``(I) a preventive maintenance, preservation, or
highway safety improvement project (as defined in
section 148(a)); or
``(II) a new turn lane that the State advises in
writing to the Secretary would assist public safety;
and
``(iii) that--
``(I) is classified as a categorical exclusion
under section 771.117 of title 23, Code of Federal
Regulations (or successor regulations); or
``(II) if the project or activity does not receive
assistance described in clause (i) would be considered
a categorical exclusion if the project or activity
received assistance described in clause (i).
``(B) Exclusion.--The term `eligible project or activity'
does not include a project to create a new travel lane.
``(2) Preliminary evaluation.--The term `preliminary
evaluation', with respect to an application described in subsection
(b)(1), means an evaluation that is customary or practicable for
the relevant agency to complete within a 45-day period for similar
applications.
``(3) Relevant agency.--The term `relevant agency' means a
Federal agency, other than the Federal Highway Administration, with
responsibility for review of an application from a State for a
permit, approval, or jurisdictional determination for an eligible
project or activity.
``(b) Action Required.--
``(1) In general.--Subject to paragraph (2), not later than 45
days after the date of receipt of an application by a State for a
permit, approval, or jurisdictional determination for an eligible
project or activity, the head of the relevant agency shall--
``(A) make at least a preliminary evaluation of the
application; and
``(B) notify the State of the results of the preliminary
evaluation under subparagraph (A).
``(2) Extension.--The head of the relevant agency may extend
the review period under paragraph (1) by not more than 30 days if
the head of the relevant agency provides to the State written
notice that includes an explanation of the need for the extension.
``(3) Failure to act.--If the head of the relevant agency fails
to meet a deadline under paragraph (1) or (2), as applicable, the
head of the relevant agency shall--
``(A) not later than 30 days after the date of the missed
deadline, submit to the State, the Committee on Environment and
Public Works of the Senate, and the Committee on Transportation
and Infrastructure of the House of Representatives a report
that describes why the deadline was missed; and
``(B) not later than 14 days after the date on which a
report is submitted under subparagraph (A), make publicly
available, including on the internet, a copy of that report.''.
(b) Clerical Amendment.--The analysis for chapter 3 of title 23,
United States Code, is amended by adding at the end the following:
``331. Evaluation of projects within an operational right-of-way.''.
SEC. 11310. PRELIMINARY ENGINEERING.
(a) In General.--Section 102 of title 23, United States Code, is
amended--
(1) by striking subsection (b); and
(2) in subsection (a), in the second sentence, by striking
``Nothing in this subsection'' and inserting the following:
``(b) Savings Provision.--Nothing in this section''.
(b) Conforming Amendment.--Section 144(j) of title 23, United
States Code, is amended by striking paragraph (6).
SEC. 11311. EFFICIENT IMPLEMENTATION OF NEPA FOR FEDERAL LAND
MANAGEMENT PROJECTS.
Section 203 of title 23, United States Code, is amended by adding
at the end the following:
``(e) Efficient Implementation of NEPA.--
``(1) Definitions.--In this subsection:
``(A) Environmental document.--The term `environmental
document' means an environmental impact statement,
environmental assessment, categorical exclusion, or other
document prepared under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.).
``(B) Project.--The term `project' means a highway project,
public transportation capital project, or multimodal project
that--
``(i) receives funds under this title; and
``(ii) is authorized under this section or section 204.
``(C) Project sponsor.--The term `project sponsor' means
the Federal land management agency that seeks or receives funds
under this title for a project.
``(2) Environmental review to be completed by federal highway
administration.--The Federal Highway Administration may prepare an
environmental document pursuant to the implementing procedures of
the Federal Highway Administration to comply with the requirements
of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) if--
``(A) requested by a project sponsor; and
``(B) all areas of analysis required by the project sponsor
can be addressed.
``(3) Federal land management agencies adoption of existing
environmental review documents.--
``(A) In general.--To the maximum extent practicable, if
the Federal Highway Administration prepares an environmental
document pursuant to paragraph (2), that environmental document
shall address all areas of analysis required by a Federal land
management agency.
``(B) Independent evaluation.--Notwithstanding any other
provision of law, a Federal land management agency shall not be
required to conduct an independent evaluation to determine the
adequacy of an environmental document prepared by the Federal
Highway Administration pursuant to paragraph (2).
``(C) Use of same document.--In authorizing or implementing
a project, a Federal land management agency may use an
environmental document previously prepared by the Federal
Highway Administration for a project addressing the same or
substantially the same action to the same extent that the
Federal land management agency could adopt or use a document
previously prepared by another Federal agency.
``(4) Application by federal land management agencies of
categorical exclusions established by federal highway
administration.--In carrying out requirements under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for a
project, the project sponsor may use categorical exclusions
designated under that Act in the implementing regulations of the
Federal Highway Administration, subject to the conditions that--
``(A) the project sponsor makes a determination, in
consultation with the Federal Highway Administration, that the
categorical exclusion applies to the project;
``(B) the project satisfies the conditions for a
categorical exclusion under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.); and
``(C) the use of the categorical exclusion does not
otherwise conflict with the implementing regulations of the
project sponsor, except any list of the project sponsor that
designates categorical exclusions.
``(5) Mitigation commitments.--The Secretary shall assist the
Federal land management agency with all design and mitigation
commitments made jointly by the Secretary and the project sponsor
in any environmental document prepared by the Secretary in
accordance with this subsection.''.
SEC. 11312. NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 REPORTING
PROGRAM.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by inserting after section 156 the following:
``Sec. 157. National Environmental Policy Act of 1969 reporting program
``(a) Definitions.--In this section:
``(1) Categorical exclusion.--The term `categorical exclusion'
has the meaning given the term in section 771.117(c) of title 23,
Code of Federal Regulations (or a successor regulation).
``(2) Documented categorical exclusion.--The term `documented
categorical exclusion' has the meaning given the term in section
771.117(d) of title 23, Code of Federal Regulations (or a successor
regulation).
``(3) Environmental assessment.--The term `environmental
assessment' has the meaning given the term in section 1508.1 of
title 40, Code of Federal Regulations (or a successor regulation).
``(4) Environmental impact statement.--The term `environmental
impact statement' means a detailed statement required under section
102(2)(C) of the National Environmental Policy Act of 1969 (42
U.S.C. 4332(2)(C)).
``(5) Federal agency.--The term `Federal agency' includes a
State that has assumed responsibility under section 327.
``(6) NEPA process.--The term `NEPA process' means the entirety
of the development and documentation of the analysis required under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), including the assessment and analysis of any impacts,
alternatives, and mitigation of a proposed action, and any
interagency participation and public involvement required to be
carried out before the Secretary undertakes a proposed action.
``(7) Proposed action.--The term `proposed action' means an
action (within the meaning of the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.)) under this title that the
Secretary proposes to carry out.
``(8) Reporting period.--The term `reporting period' means the
fiscal year prior to the fiscal year in which a report is issued
under subsection (b).
``(9) Secretary.--The term `Secretary' includes the governor or
head of an applicable State agency of a State that has assumed
responsibility under section 327.
``(b) Report on NEPA Data.--
``(1) In general.--The Secretary shall carry out a process to
track, and annually submit to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report containing,
the information described in paragraph (3).
``(2) Time to complete.--For purposes of paragraph (3), the
NEPA process--
``(A) for an environmental impact statement--
``(i) begins on the date on which the Notice of Intent
is published in the Federal Register; and
``(ii) ends on the date on which the Secretary issues a
record of decision, including, if necessary, a revised
record of decision; and
``(B) for an environmental assessment--
``(i) begins on the date on which the Secretary makes a
determination to prepare an environmental assessment; and
``(ii) ends on the date on which the Secretary issues a
finding of no significant impact or determines that
preparation of an environmental impact statement is
necessary.
``(3) Information described.--The information referred to in
paragraph (1) is, with respect to the Department of
Transportation--
``(A) the number of proposed actions for which a
categorical exclusion was issued during the reporting period;
``(B) the number of proposed actions for which a documented
categorical exclusion was issued by the Department of
Transportation during the reporting period;
``(C) the number of proposed actions pending on the date on
which the report is submitted for which the issuance of a
documented categorical exclusion by the Department of
Transportation is pending;
``(D) the number of proposed actions for which an
environmental assessment was issued by the Department of
Transportation during the reporting period;
``(E) the length of time the Department of Transportation
took to complete each environmental assessment described in
subparagraph (D);
``(F) the number of proposed actions pending on the date on
which the report is submitted for which an environmental
assessment is being drafted by the Department of
Transportation;
``(G) the number of proposed actions for which an
environmental impact statement was completed by the Department
of Transportation during the reporting period;
``(H) the length of time that the Department of
Transportation took to complete each environmental impact
statement described in subparagraph (G);
``(I) the number of proposed actions pending on the date on
which the report is submitted for which an environmental impact
statement is being drafted; and
``(J) for the proposed actions reported under subparagraphs
(F) and (I), the percentage of those proposed actions for
which--
``(i) funding has been identified; and
``(ii) all other Federal, State, and local activities
that are required to allow the proposed action to proceed
are completed.''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by inserting after the item relating to
section 156 the following:
``157. National Environmental Policy Act of 1969 reporting program.''.
SEC. 11313. SURFACE TRANSPORTATION PROJECT DELIVERY PROGRAM WRITTEN
AGREEMENTS.
Section 327 of title 23, United States Code, is amended--
(1) in subsection (a)(2)(G), by inserting ``, including the
payment of fees awarded under section 2412 of title 28'' before the
period at the end;
(2) in subsection (c)--
(A) by striking paragraph (5) and inserting the following:
``(5) except as provided under paragraph (7), have a term of
not more than 5 years;'';
(B) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(7) for any State that has participated in a program under
this section (or under a predecessor program) for at least 10
years, have a term of 10 years.'';
(3) in subsection (g)(1)--
(A) in subparagraph (B), by striking ``and'' at the end;
(B) in subparagraph (C), by striking ``annual'';
(C) by redesignating subparagraph (C) as subparagraph (D);
and
(D) by inserting after subparagraph (B) the following:
``(C) in the case of an agreement period of greater than 5
years pursuant to subsection (c)(7), conduct an audit covering
the first 5 years of the agreement period; and''; and
(4) by adding at the end the following:
``(m) Agency Deemed to Be Federal Agency.--A State agency that is
assigned a responsibility under an agreement under this section shall
be deemed to be an agency for the purposes of section 2412 of title
28.''.
SEC. 11314. STATE ASSUMPTION OF RESPONSIBILITY FOR CATEGORICAL
EXCLUSIONS.
Section 326(c)(3) of title 23, United States Code, is amended--
(1) by striking subparagraph (A) and inserting the following:
``(A) except as provided under subparagraph (C), shall have
a term of not more than 3 years;'';
(2) in subparagraph (B), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(C) shall have a term of 5 years, in the case of a State
that has assumed the responsibility for categorical exclusions
under this section for not fewer than 10 years.''.
SEC. 11315. EARLY UTILITY RELOCATION PRIOR TO TRANSPORTATION PROJECT
ENVIRONMENTAL REVIEW.
Section 123 of title 23, United States Code, is amended to read as
follows:
``Sec. 123. Relocation of utility facilities
``(a) Definitions.--In this section:
``(1) Cost of relocation.--The term `cost of relocation'
includes the entire amount paid by a utility properly attributable
to the relocation of a utility facility, minus any increase in the
value of the new facility and any salvage value derived from the
old facility.
``(2) Early utility relocation project.--The term `early
utility relocation project' means utility relocation activities
identified by the State for performance before completion of the
environmental review process for the transportation project.
``(3) Environmental review process.--The term `environmental
review process' has the meaning given the term in section 139(a).
``(4) Transportation project.--The term `transportation
project' means a project.
``(5) Utility facility.--The term `utility facility' means any
privately, publicly, or cooperatively owned line, facility, or
system for producing, transmitting, or distributing communications,
power, electricity, light, heat, gas, oil, crude products, water,
steam, waste, stormwater not connected with highway drainage, or
any other similar commodity, including any fire or police signal
system or street lighting system, that directly or indirectly
serves the public.
``(6) Utility relocation activity.--The term `utility
relocation activity' means an activity necessary for the relocation
of a utility facility, including preliminary and final design,
surveys, real property acquisition, materials acquisition, and
construction.
``(b) Reimbursement to States.--
``(1) In general.--If a State pays for the cost of relocation
of a utility facility necessitated by the construction of a
transportation project, Federal funds may be used to reimburse the
State for the cost of relocation in the same proportion as Federal
funds are expended on the transportation project.
``(2) Limitation.--Federal funds shall not be used to reimburse
a State under this section if the payment to the utility--
``(A) violates the law of the State; or
``(B) violates a legal contract between the utility and the
State.
``(3) Requirement.--A reimbursement under paragraph (1) shall
be made only if the State demonstrates to the satisfaction of the
Secretary that the State paid the cost of the utility relocation
activity from funds of the State with respect to transportation
projects for which Federal funds are obligated subsequent to April
16, 1958, for work, including utility relocation activities.
``(4) Reimbursement eligibility for early relocation prior to
transportation project environmental review process.--
``(A) In general.--In addition to the requirements under
paragraphs (1) through (3), a State may carry out, at the
expense of the State, an early utility relocation project for a
transportation project before completion of the environmental
review process for the transportation project.
``(B) Requirements for reimbursement.--Funds apportioned to
a State under this title may be used to pay the costs incurred
by the State for an early utility relocation project only if
the State demonstrates to the Secretary, and the Secretary
finds that--
``(i) the early utility relocation project is necessary
to accommodate a transportation project;
``(ii) the State provides adequate documentation to the
Secretary of eligible costs incurred by the State for the
early utility relocation project;
``(iii) before the commencement of the utility
relocation activities, an environmental review process was
completed for the early utility relocation project that
resulted in a finding that the early utility relocation
project--
``(I) would not result in significant adverse
environmental impacts; and
``(II) would comply with other applicable Federal
environmental requirements;
``(iv) the early utility relocation project did not
influence--
``(I) the environmental review process for the
transportation project;
``(II) the decision relating to the need to
construct the transportation project; or
``(III) the selection of the transportation project
design or location;
``(v) the early utility relocation project complies
with all applicable provisions of law, including
regulations issued pursuant to this title;
``(vi) the early utility relocation project follows
applicable financial procedures and requirements, including
documentation of eligible costs and the requirements under
section 109(l), but not including requirements applicable
to authorization and obligation of Federal funds;
``(vii) the transportation project for which the early
utility relocation project was necessitated was included in
the applicable transportation improvement program under
section 134 or 135;
``(viii) before the cost incurred by a State is
approved for Federal participation, environmental
compliance pursuant to the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) has been completed for
the transportation project for which the early utility
relocation project was necessitated; and
``(ix) the transportation project that necessitated the
utility relocation activity is approved for construction.
``(C) Savings provision.--Nothing in this paragraph affects
other eligibility requirements or authorities for Federal
participation in payment of costs incurred for utility
relocation activities.
``(c) Applicability of Other Provisions.--Nothing in this section
affects the applicability of other requirements that would otherwise
apply to an early utility relocation project, including any applicable
requirements under--
``(1) section 138;
``(2) the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.),
including regulations under part 24 of title 49, Code of Federal
Regulations (or successor regulations);
``(3) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d
et seq.); or
``(4) an environmental review process.''.
SEC. 11316. STREAMLINING OF SECTION 4(F) REVIEWS.
Section 138(a) of title 23, United States Code, is amended--
(1) in the fourth sentence, by striking ``In carrying out'' and
inserting the following:
``(4) Studies.--In carrying out'';
(2) in the third sentence--
(A) by striking ``such land, and (2) such program'' and
inserting the following: ``the land; and
``(B) the program'';
(B) by striking ``unless (1) there is'' and inserting the
following: ``unless--
``(A) there is''; and
(C) by striking ``After the'' and inserting the following:
``(3) Requirement.--After the'';
(3) in the second sentence--
(A) by striking ``The Secretary of Transportation'' and
inserting the following:
``(2) Cooperation and consultation.--
``(A) In general.--The Secretary''; and
(B) by adding at the end the following:
``(B) Timeline for approvals.--
``(i) In general.--The Secretary shall--
``(I) provide an evaluation under this section to
the Secretaries described in subparagraph (A); and
``(II) provide a period of 30 days for receipt of
comments.
``(ii) Assumed acceptance.--If the Secretary does not
receive comments by 15 days after the deadline under clause
(i)(II), the Secretary shall assume a lack of objection and
proceed with the action.
``(C) Effect.--Nothing in subparagraph (B) affects--
``(i) the requirements under--
``(I) subsections (b) through (f); or
``(II) the consultation process under section
306108 of title 54; or
``(ii) programmatic section 4(f) evaluations, as
described in regulations issued by the Secretary.''; and
(4) in the first sentence, by striking ``It is declared to be''
and inserting the following:
``(1) In general.--It is''.
SEC. 11317. CATEGORICAL EXCLUSION FOR PROJECTS OF LIMITED FEDERAL
ASSISTANCE.
Section 1317(1) of MAP-21 (23 U.S.C. 109 note; Public Law 112-141)
is amended--
(1) in subparagraph (A), by striking ``$5,000,000'' and
inserting ``$6,000,000''; and
(2) in subparagraph (B), by striking ``$30,000,000'' and
inserting ``$35,000,000''.
SEC. 11318. CERTAIN GATHERING LINES LOCATED ON FEDERAL LAND AND INDIAN
LAND.
(a) Definitions.--In this section:
(1) Federal land.--
(A) In general.--The term ``Federal land'' means land the
title to which is held by the United States.
(B) Exclusions.--The term ``Federal land'' does not
include--
(i) a unit of the National Park System;
(ii) a unit of the National Wildlife Refuge System;
(iii) a component of the National Wilderness
Preservation System;
(iv) a wilderness study area within the National Forest
System; or
(v) Indian land.
(2) Gathering line and associated field compression or pumping
unit.--
(A) In general.--The term ``gathering line and associated
field compression or pumping unit'' means--
(i) a pipeline that is installed to transport oil,
natural gas and related constituents, or produced water
from 1 or more wells drilled and completed to produce oil
or gas; and
(ii) if necessary, 1 or more compressors or pumps to
raise the pressure of the transported oil, natural gas and
related constituents, or produced water to higher pressures
necessary to enable the oil, natural gas and related
constituents, or produced water to flow into pipelines and
other facilities.
(B) Inclusions.--The term ``gathering line and associated
field compression or pumping unit'' includes a pipeline or
associated compression or pumping unit that is installed to
transport oil or natural gas from a processing plant to a
common carrier pipeline or facility.
(C) Exclusions.--The term ``gathering line and associated
field compression or pumping unit'' does not include a common
carrier pipeline.
(3) Indian land.--The term ``Indian land'' means land the title
to which is held by--
(A) the United States in trust for an Indian Tribe or an
individual Indian; or
(B) an Indian Tribe or an individual Indian subject to a
restriction by the United States against alienation.
(4) Produced water.--The term ``produced water'' means water
produced from an oil or gas well bore that is not a fluid prepared
at, or transported to, the well site to resolve a specific oil or
gas well bore or reservoir condition.
(5) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(b) Certain Gathering Lines.--
(1) In general.--Subject to paragraph (2), the issuance of a
sundry notice or right-of-way for a gathering line and associated
field compression or pumping unit that is located on Federal land
or Indian land and that services any oil or gas well may be
considered by the Secretary to be an action that is categorically
excluded (as defined in section 1508.1 of title 40, Code of Federal
Regulations (as in effect on the date of enactment of this Act))
for purposes of the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) if the gathering line and associated field
compression or pumping unit--
(A) are within a field or unit for which an approved land
use plan or an environmental document prepared pursuant to the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) analyzed transportation of oil, natural gas, or produced
water from 1 or more oil or gas wells in the field or unit as a
reasonably foreseeable activity;
(B) are located adjacent to or within--
(i) any existing disturbed area; or
(ii) an existing corridor for a right-of-way; and
(C) would reduce--
(i) in the case of a gathering line and associated
field compression or pumping unit transporting methane, the
total quantity of methane that would otherwise be vented,
flared, or unintentionally emitted from the field or unit;
or
(ii) in the case of a gathering line and associated
field compression or pumping unit not transporting methane,
the vehicular traffic that would otherwise service the
field or unit.
(2) Applicability.--Paragraph (1) shall apply to Indian land,
or a portion of Indian land--
(A) to which the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) applies; and
(B) for which the Indian Tribe with jurisdiction over the
Indian land submits to the Secretary a written request that
paragraph (1) apply to that Indian land (or portion of Indian
land).
(c) Effect on Other Law.--Nothing in this section--
(1) affects or alters any requirement--
(A) relating to prior consent under--
(i) section 2 of the Act of February 5, 1948 (62 Stat.
18, chapter 45; 25 U.S.C. 324); or
(ii) section 16(e) of the Act of June 18, 1934 (48
Stat. 987, chapter 576; 102 Stat. 2939; 114 Stat. 47; 25
U.S.C. 5123(e)) (commonly known as the ``Indian
Reorganization Act'');
(B) under section 306108 of title 54, United States Code;
or
(C) under any other Federal law (including regulations)
relating to Tribal consent for rights-of-way across Indian
land; or
(2) makes the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) applicable to land to which that Act otherwise
would not apply.
SEC. 11319. ANNUAL REPORT.
(a) Definition of Covered Project.--In this section, the term
``covered project'' means a project or activity carried out with funds
provided by the Department, including a project carried out under title
23 or 49, United States Code--
(1) that is more than 5 years behind schedule; or
(2) for which the total amount spent on the project or activity
is not less than $1,000,000,000 more than the original cost
estimate for the project or activity.
(b) Requirement.--Not later than 1 year after the date of enactment
of this Act, and annually thereafter, the Secretary shall submit to
Congress a report on covered projects of the Department, which shall
include, for each covered project--
(1) a brief description of the covered project, including--
(A) the purpose of the covered project;
(B) each location in which the covered project is carried
out;
(C) the contract or award number of the covered project, if
applicable;
(D) the year in which the covered project was initiated;
(E) the Federal share of the total cost of the covered
project; and
(F) each primary contractor, subcontractor, grant
recipient, and subgrantee recipient of the covered project;
(2) an explanation of any change to the original scope of the
covered project, including by the addition or narrowing of the
initial requirements of the covered project;
(3) the original expected date for completion of the covered
project;
(4) the current expected date for completion of the covered
project;
(5) the original cost estimate for the covered project, as
adjusted to reflect increases in the Consumer Price Index for All
Urban Consumers, as published by the Bureau of Labor Statistics;
(6) the current cost estimate for the covered project, as
adjusted to reflect increases in the Consumer Price Index for All
Urban Consumers, as published by the Bureau of Labor Statistics;
(7) an explanation for a delay in completion or an increase in
the original cost estimate for the covered project, including,
where applicable, any impact of insufficient or delayed
appropriations; and
(8) the amount of and rationale for any award, incentive fee,
or other type of bonus, if any, awarded for the covered project.
Subtitle D--Climate Change
SEC. 11401. GRANTS FOR CHARGING AND FUELING INFRASTRUCTURE.
(a) Purpose.--The purpose of this section is to establish a grant
program to strategically deploy publicly accessible electric vehicle
charging infrastructure, hydrogen fueling infrastructure, propane
fueling infrastructure, and natural gas fueling infrastructure along
designated alternative fuel corridors or in certain other locations
that will be accessible to all drivers of electric vehicles, hydrogen
vehicles, propane vehicles, and natural gas vehicles.
(b) Grant Program.--Section 151 of title 23, United States Code, is
amended--
(1) in subsection (a)--
(A) by striking ``Not later than 1 year after the date of
enactment of the FAST Act, the Secretary shall'' and inserting
``The Secretary shall periodically''; and
(B) by striking ``to improve the mobility'' and inserting
``to support changes in the transportation sector that help
achieve a reduction in greenhouse gas emissions and improve the
mobility'';
(2) in subsection (b)(2), by inserting ``previously designated
by the Federal Highway Administration or'' before ``designated
by'';
(3) by striking subsection (d) and inserting the following:
``(d) Redesignation.--
``(1) Initial redesignation.--Not later than 180 days after the
date of enactment of the Surface Transportation Reauthorization Act
of 2021, the Secretary shall update and redesignate the corridors
under subsection (a).
``(2) Subsequent redesignation.--The Secretary shall establish
a recurring process to regularly update and redesignate the
corridors under subsection (a).'';
(4) in subsection (e)--
(A) in paragraph (1), by striking ``and'' at the end;
(B) in paragraph (2)--
(i) by striking ``establishes an aspirational goal of
achieving'' and inserting ``describes efforts, including
through funds awarded through the grant program under
subsection (f), that will aid efforts to achieve''; and
(ii) by striking ``by the end of fiscal year 2020.''
and inserting ``; and''; and
(C) by adding at the end the following:
``(3) summarizes best practices and provides guidance,
developed through consultation with the Secretary of Energy, for
project development of electric vehicle charging infrastructure,
hydrogen fueling infrastructure, propane fueling infrastructure and
natural gas fueling infrastructure at the State, Tribal, and local
level to allow for the predictable deployment of that
infrastructure.''; and
(5) by adding at the end the following:
``(f) Grant Program.--
``(1) Definition of private entity.--In this subsection, the
term `private entity' means a corporation, partnership, company, or
nonprofit organization.
``(2) Establishment.--Not later than 1 year after the date of
enactment of the Surface Transportation Reauthorization Act of
2021, the Secretary shall establish a grant program to award grants
to eligible entities to carry out the activities described in
paragraph (6).
``(3) Eligible entities.--An entity eligible to receive a grant
under this subsection is--
``(A) a State or political subdivision of a State;
``(B) a metropolitan planning organization;
``(C) a unit of local government;
``(D) a special purpose district or public authority with a
transportation function, including a port authority;
``(E) an Indian tribe (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304));
``(F) a territory of the United States;
``(G) an authority, agency, or instrumentality of, or an
entity owned by, 1 or more entities described in subparagraphs
(A) through (F); or
``(H) a group of entities described in subparagraphs (A)
through (G).
``(4) Applications.--To be eligible to receive a grant under
this subsection, an eligible entity shall submit to the Secretary
an application at such time, in such manner, and containing such
information as the Secretary shall require, including--
``(A) a description of how the eligible entity has
considered--
``(i) public accessibility of charging or fueling
infrastructure proposed to be funded with a grant under
this subsection, including--
``(I) charging or fueling connector types and
publicly available information on real-time
availability; and
``(II) payment methods to ensure secure,
convenient, fair, and equal access;
``(ii) collaborative engagement with stakeholders
(including automobile manufacturers, utilities,
infrastructure providers, technology providers, electric
charging, hydrogen, propane, and natural gas fuel
providers, metropolitan planning organizations, States,
Indian tribes, and units of local governments, fleet
owners, fleet managers, fuel station owners and operators,
labor organizations, infrastructure construction and
component parts suppliers, and multi-State and regional
entities)--
``(I) to foster enhanced, coordinated, public-
private or private investment in electric vehicle
charging infrastructure, hydrogen fueling
infrastructure, propane fueling infrastructure, or
natural gas fueling infrastructure;
``(II) to expand deployment of electric vehicle
charging infrastructure, hydrogen fueling
infrastructure, propane fueling infrastructure, or
natural gas fueling infrastructure;
``(III) to protect personal privacy and ensure
cybersecurity; and
``(IV) to ensure that a properly trained workforce
is available to construct and install electric vehicle
charging infrastructure, hydrogen fueling
infrastructure, propane fueling infrastructure, or
natural gas fueling infrastructure;
``(iii) the location of the station or fueling site,
such as consideration of--
``(I) the availability of onsite amenities for
vehicle operators, such as restrooms or food
facilities;
``(II) access in compliance with the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.);
``(III) height and fueling capacity requirements
for facilities that charge or refuel large vehicles,
such as semi-trailer trucks; and
``(IV) appropriate distribution to avoid redundancy
and fill charging or fueling gaps;
``(iv) infrastructure installation that can be
responsive to technology advancements, such as
accommodating autonomous vehicles, vehicle-to-grid
technology, and future charging methods; and
``(v) the long-term operation and maintenance of the
electric vehicle charging infrastructure, hydrogen fueling
infrastructure, propane fueling infrastructure, or natural
gas fueling infrastructure, to avoid stranded assets and
protect the investment of public funds in that
infrastructure; and
``(B) an assessment of the estimated emissions that will be
reduced through the use of electric vehicle charging
infrastructure, hydrogen fueling infrastructure, propane
fueling infrastructure, or natural gas fueling infrastructure,
which shall be conducted using the Alternative Fuel Life-Cycle
Environmental and Economic Transportation (AFLEET) tool
developed by Argonne National Laboratory (or a successor tool).
``(5) Considerations.--In selecting eligible entities to
receive a grant under this subsection, the Secretary shall--
``(A) consider the extent to which the application of the
eligible entity would--
``(i) improve alternative fueling corridor networks
by--
``(I) converting corridor-pending corridors to
corridor-ready corridors; or
``(II) in the case of corridor-ready corridors,
providing redundancy--
``(aa) to meet excess demand for charging or
fueling infrastructure; or
``(bb) to reduce congestion at existing
charging or fueling infrastructure in high-traffic
locations;
``(ii) meet current or anticipated market demands for
charging or fueling infrastructure;
``(iii) enable or accelerate the construction of
charging or fueling infrastructure that would be unlikely
to be completed without Federal assistance;
``(iv) support a long-term competitive market for
electric vehicle charging infrastructure, hydrogen fueling
infrastructure, propane fueling infrastructure, or natural
gas fueling infrastructure that does not significantly
impair existing electric vehicle charging infrastructure,
hydrogen fueling infrastructure, propane fueling
infrastructure, or natural gas fueling infrastructure
providers;
``(v) provide access to electric vehicle charging
infrastructure, hydrogen fueling infrastructure, propane
fueling infrastructure, or natural gas fueling
infrastructure in areas with a current or forecasted need;
and
``(vi) deploy electric vehicle charging infrastructure,
hydrogen fueling infrastructure, propane fueling
infrastructure, or natural gas fueling infrastructure for
medium- and heavy-duty vehicles (including along the
National Highway Freight Network established under section
167(c)) and in proximity to intermodal transfer stations;
``(B) ensure, to the maximum extent practicable, geographic
diversity among grant recipients to ensure that electric
vehicle charging infrastructure, hydrogen fueling
infrastructure, propane fueling infrastructure, or natural gas
fueling infrastructure is available throughout the United
States;
``(C) consider whether the private entity that the eligible
entity contracts with under paragraph (6)--
``(i) submits to the Secretary the most recent year of
audited financial statements; and
``(ii) has experience in installing and operating
electric vehicle charging infrastructure, hydrogen fueling
infrastructure, propane fueling infrastructure, or natural
gas fueling infrastructure; and
``(D) consider whether, to the maximum extent practicable,
the eligible entity and the private entity that the eligible
entity contracts with under paragraph (6) enter into an
agreement--
``(i) to operate and maintain publicly available
electric vehicle charging infrastructure, hydrogen fueling
infrastructure, propane fueling infrastructure, or natural
gas infrastructure; and
``(ii) that provides a remedy and an opportunity to
cure if the requirements described in clause (i) are not
met.
``(6) Use of funds.--
``(A) In general.--An eligible entity receiving a grant
under this subsection shall only use the funds in accordance
with this paragraph to contract with a private entity for
acquisition and installation of publicly accessible electric
vehicle charging infrastructure, hydrogen fueling
infrastructure, propane fueling infrastructure, or natural gas
fueling infrastructure that is directly related to the charging
or fueling of a vehicle.
``(B) Location of infrastructure.--Any publicly accessible
electric vehicle charging infrastructure, hydrogen fueling
infrastructure, propane fueling infrastructure, or natural gas
fueling infrastructure acquired and installed with a grant
under this subsection shall be located along an alternative
fuel corridor designated under this section, on the condition
that any affected Indian tribes are consulted before the
designation.
``(C) Operating assistance.--
``(i) In general.--Subject to clauses (ii) and (iii),
an eligible entity that receives a grant under this
subsection may use a portion of the funds to provide to a
private entity operating assistance for the first 5 years
of operations after the installation of publicly available
electric vehicle charging infrastructure, hydrogen fueling
infrastructure, propane fueling infrastructure, or natural
gas fueling infrastructure while the facility transitions
to independent system operations.
``(ii) Inclusions.--Operating assistance under this
subparagraph shall be limited to costs allocable to
operating and maintaining the electric vehicle charging
infrastructure, hydrogen fueling infrastructure, propane
fueling infrastructure, or natural gas fueling
infrastructure and service.
``(iii) Limitation.--Operating assistance under this
subparagraph may not exceed the amount of a contract under
subparagraph (A) to acquire and install publicly accessible
electric vehicle charging infrastructure, hydrogen fueling
infrastructure, propane fueling infrastructure, or natural
gas fueling infrastructure.
``(D) Traffic control devices.--
``(i) In general.--Subject to this paragraph, an
eligible entity that receives a grant under this subsection
may use a portion of the funds to acquire and install
traffic control devices located in the right-of-way to
provide directional information to publicly accessible
electric vehicle charging infrastructure, hydrogen fueling
infrastructure, propane fueling infrastructure, or natural
gas fueling infrastructure acquired, installed, or operated
with the grant.
``(ii) Applicability.--Clause (i) shall apply only to
an eligible entity that--
``(I) receives a grant under this subsection; and
``(II) is using that grant for the acquisition and
installation of publicly accessible electric vehicle
charging infrastructure, hydrogen fueling
infrastructure, propane fueling infrastructure, or
natural gas fueling infrastructure.
``(iii) Limitation on amount.--The amount of funds used
to acquire and install traffic control devices under clause
(i) may not exceed the amount of a contract under
subparagraph (A) to acquire and install publicly accessible
charging or fueling infrastructure.
``(iv) No new authority created.--Nothing in this
subparagraph authorizes an eligible entity that receives a
grant under this subsection to acquire and install traffic
control devices if the entity is not otherwise authorized
to do so.
``(E) Revenue.--
``(i) In general.--An eligible entity receiving a grant
under this subsection and a private entity referred to in
subparagraph (A) may enter into a cost-sharing agreement
under which the private entity submits to the eligible
entity a portion of the revenue from the electric vehicle
charging infrastructure, hydrogen fueling infrastructure,
propane fueling infrastructure, or natural gas fueling
infrastructure.
``(ii) Uses of revenue.--An eligible entity that
receives revenue from a cost-sharing agreement under clause
(i) may only use that revenue for a project that is
eligible under this title.
``(7) Certain fuels.--The use of grants for propane fueling
infrastructure under this subsection shall be limited to
infrastructure for medium- and heavy-duty vehicles.
``(8) Community grants.--
``(A) In general.--Notwithstanding paragraphs (4), (5), and
(6), the Secretary shall reserve 50 percent of the amounts made
available each fiscal year to carry out this section to provide
grants to eligible entities in accordance with this paragraph.
``(B) Applications.--To be eligible to receive a grant
under this paragraph, an eligible entity shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require.
``(C) Eligible entities.--An entity eligible to receive a
grant under this paragraph is--
``(i) an entity described in paragraph (3); and
``(ii) a State or local authority with ownership of
publicly accessible transportation facilities.
``(D) Eligible projects.--The Secretary may provide a grant
under this paragraph for a project that is expected to reduce
greenhouse gas emissions and to expand or fill gaps in access
to publicly accessible electric vehicle charging
infrastructure, hydrogen fueling infrastructure, propane
fueling infrastructure, or natural gas fueling infrastructure,
including--
``(i) development phase activities, including planning,
feasibility analysis, revenue forecasting, environmental
review, preliminary engineering and design work, and other
preconstruction activities; and
``(ii) the acquisition and installation of electric
vehicle charging infrastructure, hydrogen fueling
infrastructure, propane fueling infrastructure, or natural
gas fueling infrastructure that is directly related to the
charging or fueling of a vehicle, including any related
construction or reconstruction and the acquisition of real
property directly related to the project, such as locations
described in subparagraph (E), to expand access to electric
vehicle charging infrastructure, hydrogen fueling
infrastructure, propane fueling infrastructure, or natural
gas fueling infrastructure.
``(E) Project locations.--A project receiving a grant under
this paragraph may be located on any public road or in other
publicly accessible locations, such as parking facilities at
public buildings, public schools, and public parks, or in
publicly accessible parking facilities owned or managed by a
private entity.
``(F) Priority.--In providing grants under this paragraph,
the Secretary shall give priority to projects that expand
access to electric vehicle charging infrastructure, hydrogen
fueling infrastructure, propane fueling infrastructure, or
natural gas fueling infrastructure within--
``(i) rural areas;
``(ii) low- and moderate-income neighborhoods; and
``(iii) communities with a low ratio of private parking
spaces to households or a high ratio of multiunit dwellings
to single family homes, as determined by the Secretary.
``(G) Additional considerations.--In providing grants under
this paragraph, the Secretary shall consider the extent to
which the project--
``(i) contributes to geographic diversity among
eligible entities, including achieving a balance between
urban and rural communities; and
``(ii) meets current or anticipated market demands for
charging or fueling infrastructure, including faster
charging speeds with high-powered capabilities necessary to
minimize the time to charge or refuel current and
anticipated vehicles.
``(H) Partnering with private entities.--An eligible entity
that receives a grant under this paragraph may use the grant
funds to contract with a private entity for the acquisition,
construction, installation, maintenance, or operation of
electric vehicle charging infrastructure, hydrogen fueling
infrastructure, propane fueling infrastructure, or natural gas
fueling infrastructure that is directly related to the charging
or fueling of a vehicle.
``(I) Maximum grant amount.--The amount of a grant under
this paragraph shall not be more than $15,000,000.
``(J) Technical assistance.--Of the amounts reserved under
subparagraph (A), the Secretary may use not more than 1 percent
to provide technical assistance to eligible entities.
``(K) Additional activities.--The recipient of a grant
under this paragraph may use not more than 5 percent of the
grant funds on educational and community engagement activities
to develop and implement education programs through
partnerships with schools, community organizations, and vehicle
dealerships to support the use of zero-emission vehicles and
associated infrastructure.
``(9) Requirements.--
``(A) Project treatment.--Notwithstanding any other
provision of law, any project funded by a grant under this
subsection shall be treated as a project on a Federal-aid
highway under this chapter.
``(B) Signs.--Any traffic control device or on-premises
sign acquired, installed, or operated with a grant under this
subsection shall comply with--
``(i) the Manual on Uniform Traffic Control Devices, if
located in the right-of-way; and
``(ii) other provisions of Federal, State, and local
law, as applicable.
``(10) Federal share.--
``(A) In general.--The Federal share of the cost of a
project carried out with a grant under this subsection shall
not exceed 80 percent of the total project cost.
``(B) Responsibility of private entity.--As a condition of
contracting with an eligible entity under paragraph (6) or (8),
a private entity shall agree to pay the share of the cost of a
project carried out with a grant under this subsection that is
not paid by the Federal Government under subparagraph (A).
``(11) Report.--Not later than 3 years after the date of
enactment of this subsection, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives and make publicly available a report on the
progress and implementation of this subsection.''.
SEC. 11402. REDUCTION OF TRUCK EMISSIONS AT PORT FACILITIES.
(a) Establishment of Program.--
(1) In general.--The Secretary shall establish a program to
reduce idling at port facilities, under which the Secretary shall--
(A) study how ports and intermodal port transfer facilities
would benefit from increased opportunities to reduce emissions
at ports, including through the electrification of port
operations;
(B) study emerging technologies and strategies that may
help reduce port-related emissions from idling trucks; and
(C) coordinate and provide funding to test, evaluate, and
deploy projects that reduce port-related emissions from idling
trucks, including through the advancement of port
electrification and improvements in efficiency, focusing on
port operations, including heavy-duty commercial vehicles, and
other related projects.
(2) Consultation.--In carrying out the program under this
subsection, the Secretary may consult with the Secretary of Energy
and the Administrator of the Environmental Protection Agency.
(b) Grants.--
(1) In general.--In carrying out subsection (a)(1)(C), the
Secretary shall award grants to fund projects that reduce emissions
at ports, including through the advancement of port
electrification.
(2) Cost share.--A grant awarded under paragraph (1) shall not
exceed 80 percent of the total cost of the project funded by the
grant.
(3) Coordination.--In carrying out the grant program under this
subsection, the Secretary shall--
(A) to the maximum extent practicable, leverage existing
resources and programs of the Department and other relevant
Federal agencies; and
(B) coordinate with other Federal agencies, as the
Secretary determines to be appropriate.
(4) Application; selection.--
(A) Application.--The Secretary shall solicit applications
for grants under paragraph (1) at such time, in such manner,
and containing such information as the Secretary determines to
be necessary.
(B) Selection.--The Secretary shall make grants under
paragraph (1) by not later than April 1 of each fiscal year for
which funding is made available.
(5) Requirement.--Notwithstanding any other provision of law,
any project funded by a grant under this subsection shall be
treated as a project on a Federal-aid highway under chapter 1 of
title 23, United States Code.
(c) Report.--Not later than 1 year after the date on which all of
the projects funded with a grant under subsection (b) are completed,
the Secretary shall submit to Congress a report that includes--
(1) the findings of the studies described in subparagraphs (A)
and (B) of subsection (a)(1);
(2) the results of the projects that received a grant under
subsection (b);
(3) any recommendations for workforce development and training
opportunities with respect to port electrification; and
(4) any policy recommendations based on the findings and
results described in paragraphs (1) and (2).
SEC. 11403. CARBON REDUCTION PROGRAM.
(a) In General.--Chapter 1 of title 23, United States Code (as
amended by section 11203(a)), is amended by adding at the end the
following:
``Sec. 175. Carbon reduction program
``(a) Definitions.--In this section:
``(1) Metropolitan planning organization; urbanized area.--The
terms `metropolitan planning organization' and `urbanized area'
have the meaning given those terms in section 134(b).
``(2) Transportation emissions.--The term `transportation
emissions' means carbon dioxide emissions from on-road highway
sources of those emissions within a State.
``(3) Transportation management area.--The term `transportation
management area' means a transportation management area identified
or designated by the Secretary under section 134(k)(1).
``(b) Establishment.--The Secretary shall establish a carbon
reduction program to reduce transportation emissions.
``(c) Eligible Projects.--
``(1) In general.--Subject to paragraph (2), funds apportioned
to a State under section 104(b)(7) may be obligated for projects to
support the reduction of transportation emissions, including--
``(A) a project described in section 149(b)(4) to establish
or operate a traffic monitoring, management, and control
facility or program, including advanced truck stop
electrification systems;
``(B) a public transportation project that is eligible for
assistance under section 142;
``(C) a project described in section 101(a)(29) (as in
effect on the day before the date of enactment of the FAST Act
(Public Law 114-94; 129 Stat. 1312)), including the
construction, planning, and design of on-road and off-road
trail facilities for pedestrians, bicyclists, and other
nonmotorized forms of transportation;
``(D) a project described in section 503(c)(4)(E) for
advanced transportation and congestion management technologies;
``(E) a project for the deployment of infrastructure-based
intelligent transportation systems capital improvements and the
installation of vehicle-to-infrastructure communications
equipment, including retrofitting dedicated short-range
communications (DSRC) technology deployed as part of an
existing pilot program to cellular vehicle-to-everything (C-
V2X) technology;
``(F) a project to replace street lighting and traffic
control devices with energy-efficient alternatives;
``(G) the development of a carbon reduction strategy in
accordance with subsection (d);
``(H) a project or strategy that is designed to support
congestion pricing, shifting transportation demand to nonpeak
hours or other transportation modes, increasing vehicle
occupancy rates, or otherwise reducing demand for roads,
including electronic toll collection, and travel demand
management strategies and programs;
``(I) efforts to reduce the environmental and community
impacts of freight movement;
``(J) a project to support deployment of alternative fuel
vehicles, including--
``(i) the acquisition, installation, or operation of
publicly accessible electric vehicle charging
infrastructure or hydrogen, natural gas, or propane vehicle
fueling infrastructure; and
``(ii) the purchase or lease of zero-emission
construction equipment and vehicles, including the
acquisition, construction, or leasing of required
supporting facilities;
``(K) a project described in section 149(b)(8) for a diesel
engine retrofit;
``(L) a project described in section 149(b)(5) that does
not result in the construction of new capacity; and
``(M) a project that reduces transportation emissions at
port facilities, including through the advancement of port
electrification.
``(2) Flexibility.--In addition to the eligible projects under
paragraph (1), a State may use funds apportioned under section
104(b)(7) for a project eligible under section 133(b) if the
Secretary certifies that the State has demonstrated a reduction in
transportation emissions--
``(A) as estimated on a per capita basis; and
``(B) as estimated on a per unit of economic output basis.
``(d) Carbon Reduction Strategy.--
``(1) In general.--Not later than 2 years after the date of
enactment of the Surface Transportation Reauthorization Act of
2021, a State, in consultation with any metropolitan planning
organization designated within the State, shall develop a carbon
reduction strategy in accordance with this subsection.
``(2) Requirements.--The carbon reduction strategy of a State
developed under paragraph (1) shall--
``(A) support efforts to reduce transportation emissions;
``(B) identify projects and strategies to reduce
transportation emissions, which may include projects and
strategies for safe, reliable, and cost-effective options--
``(i) to reduce traffic congestion by facilitating the
use of alternatives to single-occupant vehicle trips,
including public transportation facilities, pedestrian
facilities, bicycle facilities, and shared or pooled
vehicle trips within the State or an area served by the
applicable metropolitan planning organization, if any;
``(ii) to facilitate the use of vehicles or modes of
travel that result in lower transportation emissions per
person-mile traveled as compared to existing vehicles and
modes; and
``(iii) to facilitate approaches to the construction of
transportation assets that result in lower transportation
emissions as compared to existing approaches;
``(C) support the reduction of transportation emissions of
the State;
``(D) at the discretion of the State, quantify the total
carbon emissions from the production, transport, and use of
materials used in the construction of transportation facilities
within the State; and
``(E) be appropriate to the population density and context
of the State, including any metropolitan planning organization
designated within the State.
``(3) Updates.--The carbon reduction strategy of a State
developed under paragraph (1) shall be updated not less frequently
than once every 4 years.
``(4) Review.--Not later than 90 days after the date on which a
State submits a request for the approval of a carbon reduction
strategy developed by the State under paragraph (1), the Secretary
shall--
``(A) review the process used to develop the carbon
reduction strategy; and
``(B)(i) certify that the carbon reduction strategy meets
the requirements of paragraph (2); or
``(ii) deny certification of the carbon reduction strategy
and specify the actions necessary for the State to take to
correct the deficiencies in the process of the State in
developing the carbon reduction strategy.
``(5) Technical assistance.--At the request of a State, the
Secretary shall provide technical assistance in the development of
the carbon reduction strategy under paragraph (1).
``(e) Suballocation.--
``(1) In general.--For each fiscal year, of the funds
apportioned to the State under section 104(b)(7)--
``(A) 65 percent shall be obligated, in proportion to their
relative shares of the population of the State--
``(i) in urbanized areas of the State with an urbanized
area population of more than 200,000;
``(ii) in urbanized areas of the State with an
urbanized population of not less than 50,000 and not more
than 200,000;
``(iii) in urban areas of the State with a population
of not less than 5,000 and not more than 49,999; and
``(iv) in other areas of the State with a population of
less than 5,000; and
``(B) the remainder may be obligated in any area of the
State.
``(2) Metropolitan areas.--Funds attributed to an urbanized
area under paragraph (1)(A)(i) may be obligated in the metropolitan
area established under section 134 that encompasses the urbanized
area.
``(3) Distribution among urbanized areas of over 50,000
population.--
``(A) In general.--Except as provided in subparagraph (B),
the amounts that a State is required to obligate under clauses
(i) and (ii) of paragraph (1)(A) shall be obligated in
urbanized areas described in those clauses based on the
relative population of the areas.
``(B) Other factors.--The State may obligate the funds
described in subparagraph (A) based on other factors if--
``(i) the State and the relevant metropolitan planning
organizations jointly apply to the Secretary for the
permission to base the obligation on other factors; and
``(ii) the Secretary grants the request.
``(4) Coordination in urbanized areas.--Before obligating funds
for an eligible project under subsection (c) in an urbanized area
that is not a transportation management area, a State shall
coordinate with any metropolitan planning organization that
represents the urbanized area prior to determining which activities
should be carried out under the project.
``(5) Consultation in rural areas.--Before obligating funds for
an eligible project under subsection (c) in a rural area, a State
shall consult with any regional transportation planning
organization or metropolitan planning organization that represents
the rural area prior to determining which activities should be
carried out under the project.
``(6) Obligation authority.--
``(A) In general.--A State that is required to obligate in
an urbanized area with an urbanized area population of 50,000
or more under this subsection funds apportioned to the State
under section 104(b)(7) shall make available during the period
of fiscal years 2022 through 2026 an amount of obligation
authority distributed to the State for Federal-aid highways and
highway safety construction programs for use in the area that
is equal to the amount obtained by multiplying--
``(i) the aggregate amount of funds that the State is
required to obligate in the area under this subsection
during the period; and
``(ii) the ratio that--
``(I) the aggregate amount of obligation authority
distributed to the State for Federal-aid highways and
highway safety construction programs during the period;
bears to
``(II) the total of the sums apportioned to the
State for Federal-aid highways and highway safety
construction programs (excluding sums not subject to an
obligation limitation) during the period.
``(B) Joint responsibility.--Each State, each affected
metropolitan planning organization, and the Secretary shall
jointly ensure compliance with subparagraph (A).
``(f) Federal Share.--The Federal share of the cost of a project
carried out using funds apportioned to a State under section 104(b)(7)
shall be determined in accordance with section 120.
``(g) Treatment of Projects.--Notwithstanding any other provision
of law, a project assisted under this section shall be treated as a
project on a Federal-aid highway under this chapter.''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code (as amended by section 11203(b)) is amended by
inserting after the item relating to section 174 the following:
``175. Carbon reduction program.''.
SEC. 11404. CONGESTION RELIEF PROGRAM.
(a) In General.--Section 129 of title 23, United States Code, is
amended by adding at the end the following:
``(d) Congestion Relief Program.--
``(1) Definitions.--In this subsection:
``(A) Eligible entity.--The term `eligible entity' means
any of the following:
``(i) A State, for the purpose of carrying out a
project in an urbanized area with a population of more than
1,000,000.
``(ii) A metropolitan planning organization, city, or
municipality, for the purpose of carrying out a project in
an urbanized area with a population of more than 1,000,000.
``(B) Integrated congestion management system.--The term
`integrated congestion management system' means a system for
the integration of management and operations of a regional
transportation system that includes, at a minimum, traffic
incident management, work zone management, traffic signal
timing, managed lanes, real-time traveler information, and
active traffic management, in order to maximize the capacity of
all facilities and modes across the applicable region.
``(C) Program.--The term `program' means the congestion
relief program established under paragraph (2).
``(2) Establishment.--The Secretary shall establish a
congestion relief program to provide discretionary grants to
eligible entities to advance innovative, integrated, and multimodal
solutions to congestion relief in the most congested metropolitan
areas of the United States.
``(3) Program goals.--The goals of the program are to reduce
highway congestion, reduce economic and environmental costs
associated with that congestion, including transportation
emissions, and optimize existing highway capacity and usage of
highway and transit systems through--
``(A) improving intermodal integration with highways,
highway operations, and highway performance;
``(B) reducing or shifting highway users to off-peak travel
times or to nonhighway travel modes during peak travel times;
and
``(C) pricing of, or based on, as applicable--
``(i) parking;
``(ii) use of roadways, including in designated
geographic zones; or
``(iii) congestion.
``(4) Eligible projects.--Funds from a grant under the program
may be used for a project or an integrated collection of projects,
including planning, design, implementation, and construction
activities, to achieve the program goals under paragraph (3),
including--
``(A) deployment and operation of an integrated congestion
management system;
``(B) deployment and operation of a system that implements
or enforces high occupancy vehicle toll lanes, cordon pricing,
parking pricing, or congestion pricing;
``(C) deployment and operation of mobility services,
including establishing account-based financial systems,
commuter buses, commuter vans, express operations, paratransit,
and on-demand microtransit; and
``(D) incentive programs that encourage travelers to
carpool, use nonhighway travel modes during peak period, or
travel during nonpeak periods.
``(5) Application; selection.--
``(A) Application.--To be eligible to receive a grant under
the program, an eligible entity shall submit to the Secretary
an application at such time, in such manner, and containing
such information as the Secretary may require.
``(B) Priority.--In providing grants under the program, the
Secretary shall give priority to projects in urbanized areas
that are experiencing a high degree of recurrent congestion.
``(C) Federal share.--The Federal share of the cost of a
project carried out with a grant under the program shall not
exceed 80 percent of the total project cost.
``(D) Minimum award.--A grant provided under the program
shall be not less than $10,000,000.
``(6) Use of tolling.--
``(A) In general.--Notwithstanding subsection (a)(1) and
section 301 and subject to subparagraphs (B) and (C), the
Secretary shall allow the use of tolls on the Interstate System
as part of a project carried out with a grant under the
program.
``(B) Requirements.--The Secretary may only approve the use
of tolls under subparagraph (A) if--
``(i) the eligible entity has authority under State,
and if applicable, local, law to assess the applicable
toll;
``(ii) the maximum toll rate for any vehicle class is
not greater than the product obtained by multiplying--
``(I) the toll rate for any other vehicle class;
and
``(II) 5;
``(iii) the toll rates are not charged or varied on the
basis of State residency;
``(iv) the Secretary determines that the use of tolls
will enable the eligible entity to achieve the program
goals under paragraph (3) without a significant impact to
safety or mobility within the urbanized area in which the
project is located; and
``(v) the use of toll revenues complies with subsection
(a)(3).
``(C) Limitation.--The Secretary may not approve the use of
tolls on the Interstate System under the program in more than
10 urbanized areas.
``(7) Financial effects on low-income drivers.--A project under
the program--
``(A) shall include, if appropriate, an analysis of the
potential effects of the project on low-income drivers; and
``(B) may include mitigation measures to deal with any
potential adverse financial effects on low-income drivers.''.
(b) High Occupancy Vehicle Use of Certain Toll Facilities.--Section
129(a) of title 23, United States Code, is amended--
(1) by redesignating paragraph (10) as paragraph (11); and
(2) by inserting after paragraph (9) the following:
``(10) High occupancy vehicle use of certain toll facilities.--
Notwithstanding section 102(a), in the case of a toll facility that
is on the Interstate System and that is constructed or converted
after the date of enactment of the Surface Transportation
Reauthorization Act of 2021, the public authority with jurisdiction
over the toll facility shall allow high occupancy vehicles,
transit, and paratransit vehicles to use the facility at a discount
rate or without charge, unless the public authority, in
consultation with the Secretary, determines that the number of
those vehicles using the facility reduces the travel time
reliability of the facility.''.
SEC. 11405. PROMOTING RESILIENT OPERATIONS FOR TRANSFORMATIVE,
EFFICIENT, AND COST-SAVING TRANSPORTATION (PROTECT) PROGRAM.
(a) In General.--Chapter 1 of title 23, United States Code (as
amended by section 11403(a)), is amended by adding at the end the
following:
``Sec. 176. Promoting Resilient Operations for Transformative,
Efficient, and Cost-saving Transportation (PROTECT) program
``(a) Definitions.--In this section:
``(1) Emergency event.--The term `emergency event' means a
natural disaster or catastrophic failure resulting in--
``(A) an emergency declared by the Governor of the State in
which the disaster or failure occurred; or
``(B) an emergency or disaster declared by the President.
``(2) Evacuation route.--The term `evacuation route' means a
transportation route or system that--
``(A) is owned, operated, or maintained by a Federal,
State, Tribal, or local government;
``(B) is used--
``(i) to transport the public away from emergency
events; or
``(ii) to transport emergency responders and recovery
resources; and
``(C) is designated by the eligible entity with
jurisdiction over the area in which the route is located for
the purposes described in subparagraph (B).
``(3) Program.--The term `program' means the program
established under subsection (b)(1).
``(4) Resilience improvement.--The term `resilience
improvement' means the use of materials or structural or
nonstructural techniques, including natural infrastructure--
``(A) that allow a project--
``(i) to better anticipate, prepare for, and adapt to
changing conditions and to withstand and respond to
disruptions; and
``(ii) to be better able to continue to serve the
primary function of the project during and after weather
events and natural disasters for the expected life of the
project; or
``(B) that--
``(i) reduce the magnitude and duration of impacts of
current and future weather events and natural disasters to
a project; or
``(ii) have the absorptive capacity, adaptive capacity,
and recoverability to decrease project vulnerability to
current and future weather events or natural disasters.
``(b) Establishment.--
``(1) In general.--The Secretary shall establish a program, to
be known as the `Promoting Resilient Operations for Transformative,
Efficient, and Cost-saving Transportation program' or the `PROTECT
program'.
``(2) Purpose.--The purpose of the program is to provide grants
for resilience improvements through--
``(A) formula funding distributed to States to carry out
subsection (c);
``(B) competitive planning grants to enable communities to
assess vulnerabilities to current and future weather events and
natural disasters and changing conditions, including sea level
rise, and plan transportation improvements and emergency
response strategies to address those vulnerabilities; and
``(C) competitive resilience improvement grants to
protect--
``(i) surface transportation assets by making the
assets more resilient to current and future weather events
and natural disasters, such as severe storms, flooding,
drought, levee and dam failures, wildfire, rockslides,
mudslides, sea level rise, extreme weather, including
extreme temperature, and earthquakes;
``(ii) communities through resilience improvements and
strategies that allow for the continued operation or rapid
recovery of surface transportation systems that--
``(I) serve critical local, regional, and national
needs, including evacuation routes; and
``(II) provide access or service to hospitals and
other medical or emergency service facilities, major
employers, critical manufacturing centers, ports and
intermodal facilities, utilities, and Federal
facilities;
``(iii) coastal infrastructure, such as a tide gate to
protect highways, that is at long-term risk to sea level
rise; and
``(iv) natural infrastructure that protects and
enhances surface transportation assets while improving
ecosystem conditions, including culverts that ensure
adequate flows in rivers and estuarine systems.
``(c) Eligible Activities for Apportioned Funding.--
``(1) In general.--Except as provided in paragraph (2), funds
apportioned to the State under section 104(b)(8) shall be obligated
for activities eligible under subparagraph (A), (B), or (C) of
subsection (d)(4).
``(2) Planning set-aside.--Of the funds apportioned to a State
under section 104(b)(8) for each fiscal year, not less than 2
percent shall be for activities described in subsection (d)(3).
``(3) Requirements.--
``(A) Projects in certain areas.--If a project under this
subsection is carried out, in whole or in part, within a base
floodplain, the State shall--
``(i) identify the base floodplain in which the project
is to be located and disclose that information to the
Secretary; and
``(ii) indicate to the Secretary whether the State
plans to implement 1 or more components of the risk
mitigation plan under section 322 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5165) with respect to the area.
``(B) Eligibilities.--A State shall use funds apportioned
to the State under section 104(b)(8) for--
``(i) a highway project eligible for assistance under
this title;
``(ii) a public transportation facility or service
eligible for assistance under chapter 53 of title 49; or
``(iii) a port facility, including a facility that--
``(I) connects a port to other modes of
transportation;
``(II) improves the efficiency of evacuations and
disaster relief; or
``(III) aids transportation.
``(C) System resilience.--A project carried out by a State
with funds apportioned to the State under section 104(b)(8) may
include the use of natural infrastructure or the construction
or modification of storm surge, flood protection, or aquatic
ecosystem restoration elements that are functionally connected
to a transportation improvement, such as--
``(i) increasing marsh health and total area adjacent
to a highway right-of-way to promote additional flood
storage;
``(ii) upgrades to and installation of culverts
designed to withstand 100-year flood events;
``(iii) upgrades to and installation of tide gates to
protect highways;
``(iv) upgrades to and installation of flood gates to
protect tunnel entrances; and
``(v) improving functionality and resiliency of
stormwater controls, including inventory inspections,
upgrades to, and preservation of best management practices
to protect surface transportation infrastructure.
``(D) Federal cost share.--
``(i) In general.--Except as provided in subsection
(e)(1), the Federal share of the cost of a project carried
out using funds apportioned to the State under section
104(b)(8) shall not exceed 80 percent of the total project
cost.
``(ii) Non-federal share.--A State may use Federal
funds other than Federal funds apportioned to the State
under section 104(b)(8) to meet the non-Federal cost share
requirement for a project under this subsection.
``(E) Eligible project costs.--
``(i) In general.--Except as provided in clause (ii),
eligible project costs for activities carried out by a
State with funds apportioned to the State under section
104(b)(8) may include the costs of--
``(I) development phase activities, including
planning, feasibility analysis, revenue forecasting,
environmental review, preliminary engineering and
design work, and other preconstruction activities; and
``(II) construction, reconstruction,
rehabilitation, and acquisition of real property
(including land related to the project and improvements
to land), environmental mitigation, construction
contingencies, acquisition of equipment directly
related to improving system performance, and
operational improvements.
``(ii) Eligible planning costs.--In the case of a
planning activity described in subsection (d)(3) that is
carried out by a State with funds apportioned to the State
under section 104(b)(8), eligible costs may include
development phase activities, including planning,
feasibility analysis, revenue forecasting, environmental
review, preliminary engineering and design work, other
preconstruction activities, and other activities consistent
with carrying out the purposes of subsection (d)(3).
``(F) Limitations.--A State--
``(i) may use not more than 40 percent of the amounts
apportioned to the State under section 104(b)(8) for the
construction of new capacity; and
``(ii) may use not more than 10 percent of the amounts
apportioned to the State under section 104(b)(8) for
activities described in subparagraph (E)(i)(I).
``(d) Competitive Awards.--
``(1) In general.--In addition to funds apportioned to States
under section 104(b)(8) to carry out activities under subsection
(c), the Secretary shall provide grants on a competitive basis
under this subsection to eligible entities described in paragraph
(2).
``(2) Eligible entities.--Except as provided in paragraph
(4)(C), the Secretary may make a grant under this subsection to any
of the following:
``(A) A State or political subdivision of a State.
``(B) A metropolitan planning organization.
``(C) A unit of local government.
``(D) A special purpose district or public authority with a
transportation function, including a port authority.
``(E) An Indian tribe (as defined in section 207(m)(1)).
``(F) A Federal land management agency that applies jointly
with a State or group of States.
``(G) A multi-State or multijurisdictional group of
entities described in subparagraphs (A) through (F).
``(3) Planning grants.--Using funds made available under this
subsection, the Secretary shall provide planning grants to eligible
entities for the purpose of--
``(A) in the case of a State or metropolitan planning
organization, developing a resilience improvement plan under
subsection (e)(2);
``(B) resilience planning, predesign, design, or the
development of data tools to simulate transportation disruption
scenarios, including vulnerability assessments;
``(C) technical capacity building by the eligible entity to
facilitate the ability of the eligible entity to assess the
vulnerabilities of the surface transportation assets and
community response strategies of the eligible entity under
current conditions and a range of potential future conditions;
or
``(D) evacuation planning and preparation.
``(4) Resilience grants.--
``(A) Resilience improvement grants.--
``(i) In general.--Using funds made available under
this subsection, the Secretary shall provide resilience
improvement grants to eligible entities to carry out 1 or
more eligible activities under clause (ii).
``(ii) Eligible activities.--
``(I) In general.--An eligible entity may use a
resilience improvement grant under this subparagraph
for 1 or more construction activities to improve the
ability of an existing surface transportation asset to
withstand 1 or more elements of a weather event or
natural disaster, or to increase the resilience of
surface transportation infrastructure from the impacts
of changing conditions, such as sea level rise,
flooding, wildfires, extreme weather events, and other
natural disasters.
``(II) Inclusions.--An activity eligible to be
carried out under this subparagraph includes--
``(aa) resurfacing, restoration,
rehabilitation, reconstruction, replacement,
improvement, or realignment of an existing surface
transportation facility eligible for assistance
under this title;
``(bb) the incorporation of natural
infrastructure;
``(cc) the upgrade of an existing surface
transportation facility to meet or exceed a design
standard adopted by the Federal Highway
Administration;
``(dd) the installation of mitigation measures
that prevent the intrusion of floodwaters into
surface transportation systems;
``(ee) strengthening systems that remove
rainwater from surface transportation facilities;
``(ff) upgrades to and installation of
structural stormwater controls;
``(gg) a resilience project that addresses
identified vulnerabilities described in the
resilience improvement plan of the eligible entity,
if applicable;
``(hh) relocating roadways in a base floodplain
to higher ground above projected flood elevation
levels, or away from slide prone areas;
``(ii) stabilizing slide areas or slopes;
``(jj) installing riprap;
``(kk) lengthening or raising bridges to
increase waterway openings, including to respond to
extreme weather;
``(ll) increasing the size or number of
drainage structures;
``(mm) installing seismic retrofits on bridges;
``(nn) adding scour protection at bridges;
``(oo) adding scour, stream stability, coastal,
and other hydraulic countermeasures, including spur
dikes;
``(pp) vegetation management practices in
transportation rights-of-way to improve roadway
safety, prevent against invasive species,
facilitate wildfire control, and provide erosion
control; and
``(qq) any other protective features, including
natural infrastructure, as determined by the
Secretary.
``(iii) Priority.--The Secretary shall prioritize a
resilience improvement grant to an eligible entity if--
``(I) the Secretary determines--
``(aa) the benefits of the eligible activity
proposed to be carried out by the eligible entity
exceed the costs of the activity; and
``(bb) there is a need to address the
vulnerabilities of surface transportation assets of
the eligible entity with a high risk of, and
impacts associated with, failure due to the impacts
of weather events, natural disasters, or changing
conditions, such as sea level rise, wildfires, and
increased flood risk; or
``(II) the eligible activity proposed to be carried
out by the eligible entity is included in the
applicable resilience improvement plan under subsection
(e)(2).
``(B) Community resilience and evacuation route grants.--
``(i) In general.--Using funds made available under
this subsection, the Secretary shall provide community
resilience and evacuation route grants to eligible entities
to carry out 1 or more eligible activities under clause
(ii).
``(ii) Eligible activities.--An eligible entity may use
a community resilience and evacuation route grant under
this subparagraph for 1 or more projects that strengthen
and protect evacuation routes that are essential for
providing and supporting evacuations caused by emergency
events, including a project that--
``(I) is an eligible activity under subparagraph
(A)(ii), if that eligible activity will improve an
evacuation route;
``(II) ensures the ability of the evacuation route
to provide safe passage during an evacuation and
reduces the risk of damage to evacuation routes as a
result of future emergency events, including restoring
or replacing existing evacuation routes that are in
poor condition or not designed to meet the anticipated
demand during an emergency event, and including steps
to protect routes from mud, rock, or other debris
slides;
``(III) if the eligible entity notifies the
Secretary that existing evacuation routes are not
sufficient to adequately facilitate evacuations,
including the transportation of emergency responders
and recovery resources, expands the capacity of
evacuation routes to swiftly and safely accommodate
evacuations, including installation of--
``(aa) communications and intelligent
transportation system equipment and infrastructure;
``(bb) counterflow measures; or
``(cc) shoulders;
``(IV) is for the construction of new or redundant
evacuation routes, if the eligible entity notifies the
Secretary that existing evacuation routes are not
sufficient to adequately facilitate evacuations,
including the transportation of emergency responders
and recovery resources;
``(V) is for the acquisition of evacuation route or
traffic incident management equipment or signage; or
``(VI) will ensure access or service to critical
destinations, including hospitals and other medical or
emergency service facilities, major employers, critical
manufacturing centers, ports and intermodal facilities,
utilities, and Federal facilities.
``(iii) Priority.--The Secretary shall prioritize
community resilience and evacuation route grants under this
subparagraph for eligible activities that are cost-
effective, as determined by the Secretary, taking into
account--
``(I) current and future vulnerabilities to an
evacuation route due to future occurrence or recurrence
of emergency events that are likely to occur in the
geographic area in which the evacuation route is
located; and
``(II) projected changes in development patterns,
demographics, and extreme weather events based on the
best available evidence and analysis.
``(iv) Consultation.--In providing grants for community
resilience and evacuation routes under this subparagraph,
the Secretary may consult with the Administrator of the
Federal Emergency Management Agency, who may provide
technical assistance to the Secretary and to eligible
entities.
``(C) At-risk coastal infrastructure grants.--
``(i) Definition of eligible entity.--In this
subparagraph, the term `eligible entity' means any of the
following:
``(I) A State (including the United States Virgin
Islands, Guam, American Samoa, and the Commonwealth of
the Northern Mariana Islands) in, or bordering on, the
Atlantic, Pacific, or Arctic Ocean, the Gulf of Mexico,
Long Island Sound, or 1 or more of the Great Lakes.
``(II) A political subdivision of a State described
in subclause (I).
``(III) A metropolitan planning organization in a
State described in subclause (I).
``(IV) A unit of local government in a State
described in subclause (I).
``(V) A special purpose district or public
authority with a transportation function, including a
port authority, in a State described in subclause (I).
``(VI) An Indian tribe in a State described in
subclause (I).
``(VII) A Federal land management agency that
applies jointly with a State or group of States
described in subclause (I).
``(VIII) A multi-State or multijurisdictional group
of entities described in subclauses (I) through (VII).
``(ii) Grants.--Using funds made available under this
subsection, the Secretary shall provide at-risk coastal
infrastructure grants to eligible entities to carry out 1
or more eligible activities under clause (iii).
``(iii) Eligible activities.--An eligible entity may
use an at-risk coastal infrastructure grant under this
subparagraph for strengthening, stabilizing, hardening,
elevating, relocating, or otherwise enhancing the
resilience of highway and non-rail infrastructure,
including bridges, roads, pedestrian walkways, and bicycle
lanes, and associated infrastructure, such as culverts and
tide gates to protect highways, that are subject to, or
face increased long-term future risks of, a weather event,
a natural disaster, or changing conditions, including
coastal flooding, coastal erosion, wave action, storm
surge, or sea level rise, in order to improve
transportation and public safety and to reduce costs by
avoiding larger future maintenance or rebuilding costs.
``(iv) Criteria.--The Secretary shall provide at-risk
coastal infrastructure grants under this subparagraph for a
project--
``(I) that addresses the risks from a current or
future weather event or natural disaster, including
coastal flooding, coastal erosion, wave action, storm
surge, or sea level change; and
``(II) that reduces long-term infrastructure costs
by avoiding larger future maintenance or rebuilding
costs.
``(v) Coastal benefits.--In addition to the criteria
under clause (iv), for the purpose of providing at-risk
coastal infrastructure grants under this subparagraph, the
Secretary shall evaluate the extent to which a project will
provide--
``(I) access to coastal homes, businesses,
communities, and other critical infrastructure,
including access by first responders and other
emergency personnel; or
``(II) access to a designated evacuation route.
``(5) Grant requirements.--
``(A) Solicitations for grants.--In providing grants under
this subsection, the Secretary shall conduct a transparent and
competitive national solicitation process to select eligible
projects to receive grants under paragraph (3) and
subparagraphs (A), (B), and (C) of paragraph (4).
``(B) Applications.--
``(i) In general.--To be eligible to receive a grant
under paragraph (3) or subparagraph (A), (B), or (C) of
paragraph (4), an eligible entity shall submit to the
Secretary an application in such form, at such time, and
containing such information as the Secretary determines to
be necessary.
``(ii) Projects in certain areas.--If a project is
proposed to be carried out by the eligible entity, in whole
or in part, within a base floodplain, the eligible entity
shall--
``(I) as part of the application, identify the
floodplain in which the project is to be located and
disclose that information to the Secretary; and
``(II) indicate in the application whether, if
selected, the eligible entity will implement 1 or more
components of the risk mitigation plan under section
322 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5165) with respect
to the area.
``(C) Eligibilities.--The Secretary may make a grant under
paragraph (3) or subparagraph (A), (B), or (C) of paragraph (4)
only for--
``(i) a highway project eligible for assistance under
this title;
``(ii) a public transportation facility or service
eligible for assistance under chapter 53 of title 49;
``(iii) a facility or service for intercity rail
passenger transportation (as defined in section 24102 of
title 49); or
``(iv) a port facility, including a facility that--
``(I) connects a port to other modes of
transportation;
``(II) improves the efficiency of evacuations and
disaster relief; or
``(III) aids transportation.
``(D) System resilience.--A project for which a grant is
provided under paragraph (3) or subparagraph (A), (B), or (C)
of paragraph (4) may include the use of natural infrastructure
or the construction or modification of storm surge, flood
protection, or aquatic ecosystem restoration elements that the
Secretary determines are functionally connected to a
transportation improvement, such as--
``(i) increasing marsh health and total area adjacent
to a highway right-of-way to promote additional flood
storage;
``(ii) upgrades to and installing of culverts designed
to withstand 100-year flood events;
``(iii) upgrades to and installation of tide gates to
protect highways; and
``(iv) upgrades to and installation of flood gates to
protect tunnel entrances.
``(E) Federal cost share.--
``(i) Planning grant.--The Federal share of the cost of
a planning activity carried out using a planning grant
under paragraph (3) shall be 100 percent.
``(ii) Resilience grants.--
``(I) In general.--Except as provided in subclause
(II) and subsection (e)(1), the Federal share of the
cost of a project carried out using a grant under
subparagraph (A), (B), or (C) of paragraph (4) shall
not exceed 80 percent of the total project cost.
``(II) Tribal projects.--On the determination of
the Secretary, the Federal share of the cost of a
project carried out using a grant under subparagraph
(A), (B), or (C) of paragraph (4) by an Indian tribe
(as defined in section 207(m)(1)) may be up to 100
percent.
``(iii) Non-federal share.--The eligible entity may use
Federal funds other than Federal funds provided under this
subsection to meet the non-Federal cost share requirement
for a project carried out with a grant under this
subsection.
``(F) Eligible project costs.--
``(i) Resilience grant projects.--Eligible project
costs for activities funded with a grant under subparagraph
(A), (B), or (C) of paragraph (4) may include the costs
of--
``(I) development phase activities, including
planning, feasibility analysis, revenue forecasting,
environmental review, preliminary engineering and
design work, and other preconstruction activities; and
``(II) construction, reconstruction,
rehabilitation, and acquisition of real property
(including land related to the project and improvements
to land), environmental mitigation, construction
contingencies, acquisition of equipment directly
related to improving system performance, and
operational improvements.
``(ii) Planning grants.--Eligible project costs for
activities funded with a grant under paragraph (3) may
include the costs of development phase activities,
including planning, feasibility analysis, revenue
forecasting, environmental review, preliminary engineering
and design work, other preconstruction activities, and
other activities consistent with carrying out the purposes
of that paragraph.
``(G) Limitations.--
``(i) In general.--An eligible entity that receives a
grant under subparagraph (A), (B), or (C) of paragraph
(4)--
``(I) may use not more than 40 percent of the
amount of the grant for the construction of new
capacity; and
``(II) may use not more than 10 percent of the
amount of the grant for activities described in
subparagraph (F)(i)(I).
``(ii) Limit on certain activities.--For each fiscal
year, not more than 25 percent of the total amount provided
under this subsection may be used for projects described in
subparagraph (C)(iii).
``(H) Distribution of grants.--
``(i) In general.--Subject to the availability of
funds, an eligible entity may request and the Secretary may
distribute funds for a grant under this subsection on a
multiyear basis, as the Secretary determines to be
necessary.
``(ii) Rural set-aside.--Of the amounts made available
to carry out this subsection for each fiscal year, the
Secretary shall use not less than 25 percent for grants for
projects located in areas that are outside an urbanized
area with a population of over 200,000.
``(iii) Tribal set-aside.--Of the amounts made
available to carry out this subsection for each fiscal
year, the Secretary shall use not less than 2 percent for
grants to Indian tribes (as defined in section 207(m)(1)).
``(iv) Reallocation.--For any fiscal year, if the
Secretary determines that the amount described in clause
(ii) or (iii) will not be fully utilized for the grant
described in that clause, the Secretary may reallocate the
unutilized funds to provide grants to other eligible
entities under this subsection.
``(6) Consultation.--In carrying out this subsection, the
Secretary shall--
``(A) consult with the Assistant Secretary of the Army for
Civil Works, the Administrator of the Environmental Protection
Agency, the Secretary of the Interior, and the Secretary of
Commerce; and
``(B) solicit technical support from the Administrator of
the Federal Emergency Management Agency.
``(7) Grant administration.--The Secretary may--
``(A) retain not more than a total of 5 percent of the
funds made available to carry out this subsection and to review
applications for grants under this subsection; and
``(B) transfer portions of the funds retained under
subparagraph (A) to the relevant Administrators to fund the
award and oversight of grants provided under this subsection.
``(e) Resilience Improvement Plan and Lower Non-Federal Share.--
``(1) Federal share reductions.--
``(A) In general.--A State that receives funds apportioned
to the State under section 104(b)(8) or an eligible entity that
receives a grant under subsection (d) shall have the non-
Federal share of a project carried out with the funds or grant,
as applicable, reduced by an amount described in subparagraph
(B) if the State or eligible entity meets the applicable
requirements under that subparagraph.
``(B) Amount of reductions.--
``(i) Resilience improvement plan.--Subject to clause
(iii), the amount of the non-Federal share of the costs of
a project carried out with funds apportioned to a State
under section 104(b)(8) or a grant under subsection (d)
shall be reduced by 7 percentage points if--
``(I) in the case of a State or an eligible entity
that is a State or a metropolitan planning
organization, the State or eligible entity has--
``(aa) developed a resilience improvement plan
in accordance with this subsection; and
``(bb) prioritized the project on that
resilience improvement plan; and
``(II) in the case of an eligible entity not
described in subclause (I), the eligible entity is
located in a State or an area served by a metropolitan
planning organization that has--
``(aa) developed a resilience improvement plan
in accordance with this subsection; and
``(bb) prioritized the project on that
resilience improvement plan.
``(ii) Incorporation of resilience improvement plan in
other planning.--Subject to clause (iii), the amount of the
non-Federal share of the cost of a project carried out with
funds under subsection (c) or a grant under subsection (d)
shall be reduced by 3 percentage points if--
``(I) in the case of a State or an eligible entity
that is a State or a metropolitan planning
organization, the resilience improvement plan developed
in accordance with this subsection has been
incorporated into the metropolitan transportation plan
under section 134 or the long-range statewide
transportation plan under section 135, as applicable;
and
``(II) in the case of an eligible entity not
described in subclause (I), the eligible entity is
located in a State or an area served by a metropolitan
planning organization that incorporated a resilience
improvement plan into the metropolitan transportation
plan under section 134 or the long-range statewide
transportation plan under section 135, as applicable.
``(iii) Limitations.--
``(I) Maximum reduction.--A State or eligible
entity may not receive a reduction under this paragraph
of more than 10 percentage points for any single
project carried out with funds under subsection (c) or
a grant under subsection (d).
``(II) No negative non-federal share.--A reduction
under this paragraph shall not reduce the non-Federal
share of the costs of a project carried out with funds
under subsection (c) or a grant under subsection (d) to
an amount that is less than zero.
``(2) Plan contents.--A resilience improvement plan referred to
in paragraph (1)--
``(A) shall be for the immediate and long-range planning
activities and investments of the State or metropolitan
planning organization with respect to resilience of the surface
transportation system within the boundaries of the State or
metropolitan planning organization, as applicable;
``(B) shall demonstrate a systemic approach to surface
transportation system resilience and be consistent with and
complementary of the State and local mitigation plans required
under section 322 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5165);
``(C) shall include a risk-based assessment of
vulnerabilities of transportation assets and systems to current
and future weather events and natural disasters, such as severe
storms, flooding, drought, levee and dam failures, wildfire,
rockslides, mudslides, sea level rise, extreme weather,
including extreme temperatures, and earthquakes;
``(D) may--
``(i) designate evacuation routes and strategies,
including multimodal facilities, designated with
consideration for individuals without access to personal
vehicles;
``(ii) plan for response to anticipated emergencies,
including plans for the mobility of--
``(I) emergency response personnel and equipment;
and
``(II) access to emergency services, including for
vulnerable or disadvantaged populations;
``(iii) describe the resilience improvement policies,
including strategies, land-use and zoning changes,
investments in natural infrastructure, or performance
measures that will inform the transportation investment
decisions of the State or metropolitan planning
organization with the goal of increasing resilience;
``(iv) include an investment plan that--
``(I) includes a list of priority projects; and
``(II) describes how funds apportioned to the State
under section 104(b)(8) or provided by a grant under
the program would be invested and matched, which shall
not be subject to fiscal constraint requirements; and
``(v) use science and data and indicate the source of
data and methodologies; and
``(E) shall, as appropriate--
``(i) include a description of how the plan will
improve the ability of the State or metropolitan planning
organization--
``(I) to respond promptly to the impacts of weather
events and natural disasters; and
``(II) to be prepared for changing conditions, such
as sea level rise and increased flood risk;
``(ii) describe the codes, standards, and regulatory
framework, if any, adopted and enforced to ensure
resilience improvements within the impacted area of
proposed projects included in the resilience improvement
plan;
``(iii) consider the benefits of combining hard surface
transportation assets, and natural infrastructure, through
coordinated efforts by the Federal Government and the
States;
``(iv) assess the resilience of other community assets,
including buildings and housing, emergency management
assets, and energy, water, and communication
infrastructure;
``(v) use a long-term planning period; and
``(vi) include such other information as the State or
metropolitan planning organization considers appropriate.
``(3) No new planning requirements.--Nothing in this section
requires a metropolitan planning organization or a State to develop
a resilience improvement plan or to include a resilience
improvement plan under the metropolitan transportation plan under
section 134 or the long-range statewide transportation plan under
section 135, as applicable, of the metropolitan planning
organization or State.
``(f) Monitoring.--
``(1) In general.--Not later than 18 months after the date of
enactment of this section, the Secretary shall--
``(A) establish, for the purpose of evaluating the
effectiveness and impacts of projects carried out with a grant
under subsection (d)--
``(i) subject to paragraph (2), transportation and any
other metrics as the Secretary determines to be necessary;
and
``(ii) procedures for monitoring and evaluating
projects based on those metrics; and
``(B) select a representative sample of projects to
evaluate based on the metrics and procedures established under
subparagraph (A).
``(2) Notice.--Before adopting any metrics described in
paragraph (1), the Secretary shall--
``(A) publish the proposed metrics in the Federal Register;
and
``(B) provide to the public an opportunity for comment on
the proposed metrics.
``(g) Reports.--
``(1) Reports from eligible entities.--Not later than 1 year
after the date on which a project carried out with a grant under
subsection (d) is completed, the eligible entity that carried out
the project shall submit to the Secretary a report on the results
of the project and the use of the funds awarded.
``(2) Reports to congress.--
``(A) Annual reports.--The Secretary shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives, and publish on the website of the Department
of Transportation, an annual report that describes the
implementation of the program during the preceding calendar
year, including--
``(i) each project for which a grant was provided under
subsection (d);
``(ii) information relating to project applications
received;
``(iii) the manner in which the consultation
requirements were implemented under subsection (d);
``(iv) recommendations to improve the administration of
subsection (d), including whether assistance from
additional or fewer agencies to carry out the program is
appropriate;
``(v) the period required to disburse grant funds to
eligible entities based on applicable Federal coordination
requirements; and
``(vi) a list of facilities that repeatedly require
repair or reconstruction due to emergency events.
``(B) Final report.--Not later than 5 years after the date
of enactment of the Surface Transportation Reauthorization Act
of 2021, the Secretary shall submit to Congress a report that
includes the results of the reports submitted under
subparagraph (A).
``(h) Treatment of Projects.--Notwithstanding any other provision
of law, a project assisted under this section shall be treated as a
project on a Federal-aid highway under this chapter.''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code (as amended by section 11403(b)), is amended by
inserting after the item relating to section 175 the following:
``176. Promoting Resilient Operations for Transformative, Efficient, and
Cost-saving Transportation (PROTECT) program.''.
SEC. 11406. HEALTHY STREETS PROGRAM.
(a) Definitions.--In this section:
(1) Cool pavement.--The term ``cool pavement'' means a pavement
with reflective surfaces with higher albedo to decrease the surface
temperature of that pavement.
(2) Eligible entity.--The term ``eligible entity'' means--
(A) a State;
(B) a metropolitan planning organization;
(C) a unit of local government;
(D) a Tribal government; and
(E) a nonprofit organization working in coordination with
an entity described in subparagraphs (A) through (D).
(3) Low-income community.--The term ``low-income community''
means a census block group in which not less than 30 percent of the
population lives below the poverty line (as defined in section 673
of the Community Services Block Grant Act (42 U.S.C. 9902)).
(4) Porous pavement.--The term ``porous pavement'' means a
paved surface with a higher than normal percentage of air voids to
allow water to pass through the surface and infiltrate into the
subsoil.
(5) Program.--The term ``program'' means the Healthy Streets
program established under subsection (b).
(6) State.--The term ``State'' has the meaning given the term
in section 101(a) of title 23, United States Code.
(7) Tribal government.--The term ``Tribal government'' means
the recognized governing body of any Indian or Alaska Native tribe,
band, nation, pueblo, village, community, component band, or
component reservation, individually identified (including
parenthetically) in the list published most recently as of the date
of enactment of this Act pursuant to section 104 of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).
(b) Establishment.--The Secretary shall establish a discretionary
grant program, to be known as the ``Healthy Streets program'', to
provide grants to eligible entities--
(1) to deploy cool pavements and porous pavements; and
(2) to expand tree cover.
(c) Goals.--The goals of the program are--
(1) to mitigate urban heat islands;
(2) to improve air quality; and
(3) to reduce--
(A) the extent of impervious surfaces;
(B) stormwater runoff and flood risks; and
(C) heat impacts to infrastructure and road users.
(d) Application.--
(1) In general.--To be eligible to receive a grant under the
program, an eligible entity shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
(2) Requirements.--The application submitted by an eligible
entity under paragraph (1) shall include a description of--
(A) how the eligible entity would use the grant funds; and
(B) the contribution that the projects intended to be
carried out with grant funds would make to improving the
safety, health outcomes, natural environment, and quality of
life in low-income communities and disadvantaged communities.
(e) Use of Funds.--An eligible entity that receives a grant under
the program may use the grant funds for 1 or more of the following
activities:
(1) Conducting an assessment of urban heat islands to identify
hot spot areas of extreme heat or elevated air pollution.
(2) Conducting a comprehensive tree canopy assessment, which
shall assess the current tree locations and canopy, including--
(A) an inventory of the location, species, condition, and
health of existing tree canopies and trees on public
facilities; and
(B) an identification of--
(i) the locations where trees need to be replaced;
(ii) empty tree boxes or other locations where trees
could be added; and
(iii) flood-prone locations where trees or other
natural infrastructure could mitigate flooding.
(3) Conducting an equity assessment by mapping tree canopy
gaps, flood-prone locations, and urban heat island hot spots as
compared to--
(A) pedestrian walkways and public transportation stop
locations;
(B) low-income communities; and
(C) disadvantaged communities.
(4) Planning activities, including developing an investment
plan based on the results of the assessments carried out under
paragraphs (1), (2), and (3).
(5) Purchasing and deploying cool pavements to mitigate urban
heat island hot spots.
(6) Purchasing and deploying porous pavement to mitigate
flooding and stormwater runoff in--
(A) pedestrian-only areas; and
(B) areas of low-volume, low-speed vehicular use.
(7) Purchasing of trees, site preparation, planting of trees,
ongoing maintenance and monitoring of trees, and repairing of storm
damage to trees, with priority given to--
(A) to the extent practicable, the planting of native
species; and
(B) projects located in a neighborhood with lower tree
cover or higher maximum daytime summer temperatures compared to
surrounding neighborhoods.
(8) Assessing underground infrastructure and coordinating with
local transportation and utility providers.
(9) Hiring staff to conduct any of the activities described in
paragraphs (1) through (8).
(f) Priority.--In awarding grants to eligible entities under the
program, the Secretary shall give priority to an eligible entity--
(1) proposing to carry out an activity or project in a low-
income community or a disadvantaged community;
(2) that has entered into a community benefits agreement with
representatives of the community; or
(3) that is partnering with a qualified youth or conservation
corps (as defined in section 203 of the Public Lands Corps Act of
1993 (16 U.S.C. 1722)).
(g) Distribution Requirement.--Of the amounts made available to
carry out the program for each fiscal year, not less than 80 percent
shall be provided for projects in urbanized areas (as defined in
section 101(a) of title 23, United States Code).
(h) Federal Share.--
(1) In general.--Except as provided under paragraph (2), the
Federal share of the cost of a project carried out under the
program shall be 80 percent.
(2) Waiver.--The Secretary may increase the Federal share
requirement under paragraph (1) to 100 percent for projects carried
out by an eligible entity that demonstrates economic hardship, as
determined by the Secretary.
(i) Maximum Grant Amount.--An individual grant under this section
shall not exceed $15,000,000.
(j) Treatment of Projects.--Notwithstanding any other provision of
law, a project assisted under this section shall be treated as a
project on a Federal-aid highway under chapter 1 of title 23, United
States Code.
Subtitle E--Miscellaneous
SEC. 11501. ADDITIONAL DEPOSITS INTO HIGHWAY TRUST FUND.
(a) In General.--Section 105 of title 23, United States Code, is
repealed.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by striking the item relating to section
105.
SEC. 11502. STOPPING THREATS ON PEDESTRIANS.
(a) Definition of Bollard Installation Project.--In this section,
the term ``bollard installation project'' means a project to install
raised concrete or metal posts on a sidewalk adjacent to a roadway that
are designed to slow or stop a motor vehicle.
(b) Establishment.--Not later than 1 year after the date of
enactment of this Act and subject to the availability of
appropriations, the Secretary shall establish and carry out a
competitive grant pilot program to provide assistance to State
departments of transportation and local government entities for bollard
installation projects designed to prevent pedestrian injuries and acts
of terrorism in areas used by large numbers of pedestrians.
(c) Application.--To be eligible to receive a grant under this
section, a State department of transportation or local government
entity shall submit to the Secretary an application at such time, in
such form, and containing such information as the Secretary determines
to be appropriate, which shall include, at a minimum--
(1) a description of the proposed bollard installation project
to be carried out;
(2) a description of the pedestrian injury or terrorism risks
with respect to the proposed installation area; and
(3) an analysis of how the proposed bollard installation
project will mitigate those risks.
(d) Use of Funds.--A recipient of a grant under this section may
only use the grant funds for a bollard installation project.
(e) Federal Share.--The Federal share of the costs of a bollard
installation project carried out with a grant under this section may be
up to 100 percent.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $5,000,000 for
each of fiscal years 2022 through 2026.
(g) Treatment of Projects.--Notwithstanding any other provision of
law, a project assisted under this section shall be treated as a
project on a Federal-aid highway under chapter 1 of title 23, United
States Code.
SEC. 11503. TRANSFER AND SALE OF TOLL CREDITS.
(a) Definitions.--In this section:
(1) Originating state.--The term ``originating State'' means a
State that--
(A) is eligible to use a credit under section 120(i) of
title 23, United States Code; and
(B) has been selected by the Secretary under subsection
(d)(2).
(2) Pilot program.--The term ``pilot program'' means the pilot
program established under subsection (b).
(3) Recipient state.--The term ``recipient State'' means a
State that receives a credit by transfer or by sale under this
section from an originating State.
(4) State.--The term ``State'' has the meaning given the term
in section 101(a) of title 23, United States Code.
(b) Establishment of Pilot Program.--The Secretary shall establish
and implement a toll credit exchange pilot program in accordance with
this section.
(c) Purposes.--The purposes of the pilot program are--
(1) to identify the extent of the demand to purchase toll
credits;
(2) to identify the cash price of toll credits through
bilateral transactions between States;
(3) to analyze the impact of the purchase or sale of toll
credits on transportation expenditures;
(4) to test the feasibility of expanding the pilot program to
allow all States to participate on a permanent basis; and
(5) to identify any other repercussions of the toll credit
exchange.
(d) Selection of Originating States.--
(1) Application.--In order to participate in the pilot program
as an originating State, a State shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require, including, at a minimum,
such information as is required for the Secretary to verify--
(A) the amount of unused toll credits for which the State
has submitted certification to the Secretary that are available
to be sold or transferred under the pilot program, including--
(i) toll revenue generated and the sources of that
revenue;
(ii) toll revenue used by public, quasi-public, and
private agencies to build, improve, or maintain highways,
bridges, or tunnels that serve the public purpose of
interstate commerce; and
(iii) an accounting of any Federal funds used by the
public, quasi-public, or private agency to build, improve,
or maintain the toll facility, to validate that the credit
has been reduced by a percentage equal to the percentage of
the total cost of building, improving, or maintaining the
facility that was derived from Federal funds;
(B) the documentation of maintenance of effort for toll
credits earned by the originating State; and
(C) the accuracy of the accounting system of the State to
earn and track toll credits.
(2) Selection.--Of the States that submit an application under
paragraph (1), the Secretary may select not more than 10 States to
be designated as an originating State.
(3) Limitation on sales.--At any time, the Secretary may limit
the amount of unused toll credits that may be offered for sale
under the pilot program.
(e) Transfer or Sale of Credits.--
(1) In general.--In carrying out the pilot program, the
Secretary shall provide that an originating State may transfer or
sell to a recipient State a credit not previously used by the
originating State under section 120(i) of title 23, United States
Code.
(2) Website support.--The Secretary shall make available a
publicly accessible website on which originating States shall post
the amount of toll credits, verified under subsection (d)(1)(A),
that are available for sale or transfer to a recipient State.
(3) Bilateral transactions.--An originating State and a
recipient State may enter into a bilateral transaction to sell or
transfer verified toll credits.
(4) Notification.--Not later than 30 days after the date on
which a credit is transferred or sold, the originating State and
the recipient State shall jointly submit to the Secretary a written
notification of the transfer or sale, including details on--
(A) the amount of toll credits that have been sold or
transferred;
(B) the price paid or other value transferred in exchange
for the toll credits;
(C) the intended use by the recipient State of the toll
credits, if known;
(D) the intended use by the originating State of the cash
or other value transferred;
(E) an update on the toll credit balance of the originating
State and the recipient State; and
(F) any other information about the transaction that the
Secretary may require.
(5) Use of credits by transferee or purchaser.--A recipient
State may use a credit received under paragraph (1) toward the non-
Federal share requirement for any funds made available to carry out
title 23 or chapter 53 of title 49, United States Code, in
accordance with section 120(i) of title 23, United States Code.
(6) Use of proceeds from sale of credits.--An originating State
shall use the proceeds from the sale of a credit under paragraph
(1) for the construction costs of any project in the originating
State that is eligible under title 23, United States Code.
(f) Reporting Requirements.--
(1) Initial report.--Not later than 1 year after the date on
which the pilot program is established, the Secretary shall submit
to the Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives a report on the progress of the pilot program.
(2) Final report.--Not later than 3 years after the date on
which the pilot program is established, the Secretary shall--
(A) submit to the Committee on Environment and Public Works
of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report that--
(i) determines whether a toll credit marketplace is
viable and cost-effective;
(ii) describes the buying and selling activities under
the pilot program;
(iii) describes the average sale price of toll credits;
(iv) determines whether the pilot program could be
expanded to more States or all States or to non-State
operators of toll facilities;
(v) provides updated information on the toll credit
balance accumulated by each State; and
(vi) describes the list of projects that were assisted
by the pilot program; and
(B) make the report under subparagraph (A) publicly
available on the website of the Department.
(g) Termination.--
(1) In general.--The Secretary may terminate the pilot program
or the participation of any State in the pilot program if the
Secretary determines that--
(A) the pilot program is not serving a public benefit; or
(B) it is not cost effective to carry out the pilot
program.
(2) Procedures.--The termination of the pilot program or the
participation of a State in the pilot program shall be carried out
consistent with Federal requirements for project closeout,
adjustment, and continuing responsibilities.
SEC. 11504. STUDY OF IMPACTS ON ROADS FROM SELF-DRIVING VEHICLES.
(a) In General.--Not later than 60 days after the date of enactment
of this Act, the Secretary shall initiate a study on the existing and
future impacts of self-driving vehicles to transportation
infrastructure, mobility, the environment, and safety, including
impacts on--
(1) the Interstate System (as defined in section 101(a) of
title 23, United States Code);
(2) urban roads;
(3) rural roads;
(4) corridors with heavy traffic congestion;
(5) transportation systems optimization; and
(6) any other areas or issues relevant to operations of the
Federal Highway Administration that the Secretary determines to be
appropriate.
(b) Contents of Study.--The study under subsection (a) shall
include specific recommendations for both rural and urban communities
regarding the impacts of self-driving vehicles on existing
transportation system capacity.
(c) Considerations.--In carrying out the study under subsection
(a), the Secretary shall--
(1) consider the need for and recommend any policy changes to
be undertaken by the Federal Highway Administration on the impacts
of self-driving vehicles as identified under paragraph (2); and
(2) for both rural and urban communities, include a discussion
of--
(A) the impacts that self-driving vehicles will have on
existing transportation infrastructure, such as signage and
markings, traffic lights, and highway capacity and design;
(B) the impact on commercial and private traffic flows;
(C) infrastructure improvement needs that may be necessary
for transportation infrastructure to accommodate self-driving
vehicles;
(D) the impact of self-driving vehicles on the environment,
congestion, and vehicle miles traveled; and
(E) the impact of self-driving vehicles on mobility.
(d) Coordination.--In carrying out the study under subsection (a),
the Secretary shall consider and incorporate relevant current and
ongoing research of the Department.
(e) Consultation.--In carrying out the study under subsection (a),
the Secretary shall convene and consult with a panel of national
experts in both rural and urban transportation, including--
(1) operators and users of the Interstate System (as defined in
section 101(a) of title 23, United States Code), including private
sector stakeholders;
(2) States and State departments of transportation;
(3) metropolitan planning organizations;
(4) the motor carrier industry;
(5) representatives of public transportation agencies or
organizations;
(6) highway safety and academic groups;
(7) nonprofit entities with experience in transportation
policy;
(8) National Laboratories (as defined in section 2 of the
Energy Policy Act of 2005 (42 U.S.C. 15801));
(9) environmental stakeholders; and
(10) self-driving vehicle producers, manufacturers, and
technology developers.
(f) Report.--Not later than 1 year after the date on which the
study under subsection (a) is initiated, the Secretary shall submit a
report on the results of the study to--
(1) the Committee on Environment and Public Works of the
Senate; and
(2) the Committee on Transportation and Infrastructure of the
House of Representatives.
SEC. 11505. DISASTER RELIEF MOBILIZATION STUDY.
(a) Definition of Local Community.--In this section, the term
``local community'' means--
(1) a unit of local government;
(2) a political subdivision of a State or local government;
(3) a metropolitan planning organization (as defined in section
134(b) of title 23, United States Code);
(4) a rural planning organization; or
(5) a Tribal government.
(b) Study.--
(1) In general.--The Secretary shall carry out a study to
determine the utility of incorporating the use of bicycles into the
disaster preparedness and disaster response plans of local
communities.
(2) Requirements.--The study carried out under paragraph (1)
shall include--
(A) a vulnerability assessment of the infrastructure in
local communities as of the date of enactment of this Act that
supports active transportation, including bicycling, walking,
and personal mobility devices, with a particular focus on areas
in local communities that--
(i) have low levels of vehicle ownership; and
(ii) lack sufficient active transportation
infrastructure routes to public transportation;
(B) an evaluation of whether disaster preparedness and
disaster response plans should include the use of bicycles by
first responders, emergency workers, and community organization
representatives--
(i) during a mandatory or voluntary evacuation ordered
by a Federal, State, Tribal, or local government entity--
(I) to notify residents of the need to evacuate;
(II) to evacuate individuals and goods; and
(III) to reach individuals who are in need of first
aid and medical assistance; and
(ii) after a disaster or emergency declared by a
Federal, State, Tribal, or local government entity--
(I) to participate in search and rescue activities;
(II) to carry commodities to be used for life-
saving or life-sustaining purposes, including--
(aa) water;
(bb) food;
(cc) first aid and other medical supplies; and
(dd) power sources and electric supplies, such
as cell phones, radios, lights, and batteries;
(III) to reach individuals who are in need of the
commodities described in subclause (II); and
(IV) to assist with other disaster relief tasks, as
appropriate; and
(C) a review of training programs for first responders,
emergency workers, and community organization representatives
relating to--
(i) competent bicycle skills, including the use of
cargo bicycles and electric bicycles, as applicable;
(ii) basic bicycle maintenance;
(iii) compliance with relevant traffic safety laws;
(iv) methods to use bicycles to carry out the
activities described in clauses (i) and (ii) of
subparagraph (2)(B); and
(v) exercises conducted for the purpose of--
(I) exercising the skills described in clause (i);
and
(II) maintaining bicycles and related equipment.
(c) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall submit to the Committee on Environment
and Public Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report that--
(1) describes the results of the study carried out under
subsection (b); and
(2) provides recommendations, if any, relating to--
(A) the methods by which to incorporate bicycles into
disaster preparedness and disaster response plans of local
communities; and
(B) improvements to training programs described in
subsection (b)(2)(C).
SEC. 11506. APPALACHIAN REGIONAL COMMISSION.
(a) Definitions.--Section 14102(a)(1) of title 40, United States
Code, is amended--
(1) in subparagraph (G)--
(A) by inserting ``Catawba,'' after ``Caldwell,''; and
(B) by inserting ``Cleveland,'' after ``Clay,'';
(2) in subparagraph (J), by striking ``and Spartanburg'' and
inserting ``Spartanburg, and Union''; and
(3) in subparagraph (M), by inserting ``, of which the counties
of Brooke, Hancock, Marshall, and Ohio shall be considered to be
located in the North Central subregion'' after ``West Virginia''.
(b) Functions.--Section 14303(a) of title 40, United States Code,
is amended--
(1) in paragraph (9), by striking ``and'' at the end;
(2) in paragraph (10), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(11) support broadband access in the Appalachian region.''.
(c) Congressional Notification.--
(1) In general.--Subchapter II of chapter 143 of subtitle IV of
title 40, United States Code, is amended by adding at the end the
following:
``Sec. 14323. Congressional notification
``(a) In General.--In the case of a project described in subsection
(b), the Appalachian Regional Commission shall provide to the Committee
on Transportation and Infrastructure of the House of Representatives
and the Committee on Environment and Public Works of the Senate notice
of the award of a grant or other financial assistance not less than 3
full business days before awarding the grant or other financial
assistance.
``(b) Projects Described.--A project referred to in subsection (a)
is a project that the Appalachian Regional Commission has selected to
receive a grant or other financial assistance under this subtitle in an
amount not less than $50,000.''.
(2) Clerical amendment.--The analysis for subchapter II of
chapter 143 of subtitle IV of title 40, United States Code, is
amended by adding at the end the following:
``14323. Congressional notification.''.
(d) High-speed Broadband Deployment Initiative.--Section 14509 of
title 40, United States Code, is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--The Appalachian Regional Commission may provide
technical assistance, make grants, enter into contracts, or otherwise
provide amounts to individuals or entities in the Appalachian region
for projects and activities to increase affordable access to broadband
networks throughout the Appalachian region.'';
(2) by redesignating subsections (b) through (d) as subsections
(c) through (e), respectively;
(3) by inserting after subsection (a) the following:
``(b) Eligible Projects and Activities.--A project or activity
eligible to be carried out under this section is a project or
activity--
``(1) to conduct research, analysis, and training to increase
broadband adoption efforts in the Appalachian region; or
``(2) for the construction and deployment of broadband service-
related infrastructure in the Appalachian region.'';
(4) in subsection (d) (as so redesignated), in the matter
preceding paragraph (1), by striking ``subsection (b)'' and
inserting ``subsection (c)''; and
(5) by adding at the end the following:
``(f) Request for Data.--Before making a grant for a project or
activity described in subsection (b)(2), the Appalachian Regional
Commission shall request from the Federal Communications Commission,
the National Telecommunications and Information Administration, the
Economic Development Administration, and the Department of Agriculture
data on--
``(1) the level and extent of broadband service that exists in
the area proposed to be served by the broadband service-related
infrastructure; and
``(2) the level and extent of broadband service that will be
deployed in the area proposed to be served by the broadband
service-related infrastructure pursuant to another Federal program.
``(g) Requirement.--For each fiscal year, not less than 65 percent
of the amounts made available to carry out this section shall be used
for grants for projects and activities described in subsection
(b)(2).''.
(e) Appalachian Regional Energy Hub Initiative.--
(1) In general.--Subchapter I of chapter 145 of subtitle IV of
title 40, United States Code, is amended by adding at the end the
following:
``Sec. 14511. Appalachian regional energy hub initiative
``(a) In General.--The Appalachian Regional Commission may provide
technical assistance to, make grants to, enter into contracts with, or
otherwise provide amounts to individuals or entities in the Appalachian
region for projects and activities--
``(1) to conduct research and analysis regarding the economic
impact of an ethane storage hub in the Appalachian region that
supports a more-effective energy market performance due to the
scale of the project, such as a project with the capacity to store
and distribute more than 100,000 barrels per day of hydrocarbon
feedstock with a minimum gross heating value of 1,700 Btu per
standard cubic foot;
``(2) with the potential to significantly contribute to the
economic resilience of the area in which the project is located;
and
``(3) that will help establish a regional energy hub in the
Appalachian region for natural gas and natural gas liquids,
including hydrogen produced from the steam methane reforming of
natural gas feedstocks.
``(b) Limitation on Available Amounts.--Of the cost of any project
or activity eligible for a grant under this section--
``(1) except as provided in paragraphs (2) and (3), not more
than 50 percent may be provided from amounts made available to
carry out this section;
``(2) in the case of a project or activity to be carried out in
a county for which a distressed county designation is in effect
under section 14526, not more than 80 percent may be provided from
amounts made available to carry out this section; and
``(3) in the case of a project or activity to be carried out in
a county for which an at-risk county designation is in effect under
section 14526, not more than 70 percent may be provided from
amounts made available to carry out this section.
``(c) Sources of Assistance.--Subject to subsection (b), a grant
provided under this section may be provided from amounts made available
to carry out this section, in combination with amounts made available--
``(1) under any other Federal program; or
``(2) from any other source.
``(d) Federal Share.--Notwithstanding any provision of law limiting
the Federal share under any other Federal program, amounts made
available to carry out this section may be used to increase that
Federal share, as the Appalachian Regional Commission determines to be
appropriate.''.
(2) Clerical amendment.--The analysis for subchapter I of
chapter 145 of title 40, United States Code, is amended by adding
at the end the following:
``14511. Appalachian regional energy hub initiative.''.
(f) Authorization of Appropriations.--Section 14703 of title 40,
United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (4), by striking ``and'' at the end;
(B) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(6) $200,000,000 for each of fiscal years 2022 through
2026.'';
(2) in subsection (c), by striking ``$10,000,000 may be used to
carry out section 14509 for each of fiscal years 2016 through
2021'' and inserting ``$20,000,000 may be used to carry out section
14509 for each of fiscal years 2022 through 2026'';
(3) by redesignating subsections (d) and (e) as subsections (e)
and (f), respectively; and
(4) by inserting after subsection (c) the following:
``(d) Appalachian Regional Energy Hub Initiative.--Of the amounts
made available under subsection (a), $5,000,000 shall be used to carry
out section 14511 for each of fiscal years 2022 through 2026.''.
(g) Termination.--Section 14704 of title 40, United States Code, is
amended by striking ``2021'' and inserting ``2026''.
SEC. 11507. DENALI COMMISSION.
(a) Denali Access System Program.--Notwithstanding subsection (j)
of section 309 of the Denali Commission Act of 1998 (42 U.S.C. 3121
note; Public Law 105-277), there is authorized to be appropriated
$20,000,000 for each of fiscal years 2022 through 2026 to carry out
that section.
(b) Transfers of Funds.--Section 311(c) of the Denali Commission
Act of 1998 (42 U.S.C. 3121 note; Public Law 105-277) is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) notwithstanding any other provision of law, shall--
``(A) be treated as if directly appropriated to the
Commission and subject to applicable provisions of this Act;
and
``(B) not be subject to any requirements that applied to
the funds before the transfer, including a requirement in an
appropriations Act or a requirement or regulation of the
Federal agency from which the funds are transferred.''.
SEC. 11508. REQUIREMENTS FOR TRANSPORTATION PROJECTS CARRIED OUT
THROUGH PUBLIC-PRIVATE PARTNERSHIPS.
(a) Definitions.--In this section:
(1) Project.--The term ``project'' means a project (as defined
in section 101 of title 23, United States Code) that--
(A) is carried out, in whole or in part, using Federal
financial assistance; and
(B) has an estimated total cost of $100,000,000 or more.
(2) Public-private partnership.--The term ``public-private
partnership'' means an agreement between a public agency and a
private entity to finance, build, and maintain or operate a
project.
(b) Requirements for Projects Carried Out Through Public-private
Partnerships.--With respect to a public-private partnership, as a
condition of receiving Federal financial assistance for a project, the
Secretary shall require the public partner, not later than 3 years
after the date of opening of the project to traffic--
(1) to conduct a review of the project, including a review of
the compliance of the private partner with the terms of the public-
private partnership agreement;
(2)(A) to certify to the Secretary that the private partner of
the public-private partnership is meeting the terms of the public-
private partnership agreement for the project; or
(B) to notify the Secretary that the private partner of the
public-private partnership has not met 1 or more of the terms of
the public-private partnership agreement for the project, including
a brief description of each violation of the public-private
partnership agreement; and
(3) to make publicly available the certification or
notification, as applicable, under paragraph (2) in a form that
does not disclose any proprietary or confidential business
information.
(c) Notification.--If the Secretary provides Federal financial
assistance to a project carried out through a public-private
partnership, not later than 30 days after the date on which the Federal
financial assistance is first obligated, the Secretary shall submit to
the Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a notification of the Federal financial assistance made
available for the project.
(d) Value for Money Analysis.--
(1) Project approval and oversight.--Section 106(h)(3) of title
23, United States Code, is amended--
(A) in subparagraph (C), by striking ``and'' at the end;
(B) by redesignating subparagraph (D) as subparagraph (E);
and
(C) by inserting after subparagraph (C) the following:
``(D) for a project in which the project sponsor intends to
carry out the project through a public-private partnership
agreement, shall include a detailed value for money analysis or
similar comparative analysis for the project; and''.
(2) Surface transportation block grant program.--Paragraph (21)
of section 133(b) of title 23, United States Code (as redesignated
by section 1109(a)(1)(C)), is amended by inserting ``, including
conducting value for money analyses or similar comparative
analyses,'' after ``oversight''.
(3) TIFIA.--Section 602(a) of title 23, United States Code, is
amended by adding at the end the following:
``(11) Public-private partnerships.--In the case of a project
to be carried out through a public-private partnership, the public
partner shall have--
``(A) conducted a value for money analysis or similar
comparative analysis; and
``(B) determined the appropriateness of the public-private
partnership agreement.''.
(e) Applicability.--This section and the amendments made by this
section shall only apply to a public-private partnership agreement
entered into on or after the date of enactment of this Act.
SEC. 11509. RECONNECTING COMMUNITIES PILOT PROGRAM.
(a) Definition of Eligible Facility.--
(1) In general.--In this section, the term ``eligible
facility'' means a highway or other transportation facility that
creates a barrier to community connectivity, including barriers to
mobility, access, or economic development, due to high speeds,
grade separations, or other design factors.
(2) Inclusions.--In this section, the term ``eligible
facility'' may include--
(A) a limited access highway;
(B) a viaduct; and
(C) any other principal arterial facility.
(b) Establishment.--The Secretary shall establish a pilot program
through which an eligible entity may apply for funding, in order to
restore community connectivity--
(1) to study the feasibility and impacts of removing,
retrofitting, or mitigating an existing eligible facility;
(2) to conduct planning activities necessary to design a
project to remove, retrofit, or mitigate an existing eligible
facility; and
(3) to conduct construction activities necessary to carry out a
project to remove, retrofit, or mitigate an existing eligible
facility.
(c) Planning Grants.--
(1) Eligible entities.--The Secretary may award a grant
(referred to in this section as a ``planning grant'') to carry out
planning activities described in paragraph (2) to--
(A) a State;
(B) a unit of local government;
(C) a Tribal government;
(D) a metropolitan planning organization; and
(E) a nonprofit organization.
(2) Eligible activities described.--The planning activities
referred to in paragraph (1) are--
(A) planning studies to evaluate the feasibility of
removing, retrofitting, or mitigating an existing eligible
facility to restore community connectivity, including
evaluations of--
(i) current traffic patterns on the eligible facility
proposed for removal, retrofit, or mitigation and the
surrounding street network;
(ii) the capacity of existing transportation networks
to maintain mobility needs;
(iii) an analysis of alternative roadway designs or
other uses for the right-of-way of the eligible facility,
including an analysis of whether the available right-of-way
would suffice to create an alternative roadway design;
(iv) the effect of the removal, retrofit, or mitigation
of the eligible facility on the mobility of freight and
people;
(v) the effect of the removal, retrofit, or mitigation
of the eligible facility on the safety of the traveling
public;
(vi) the cost to remove, retrofit, or mitigate the
eligible facility--
(I) to restore community connectivity; and
(II) to convert the eligible facility to a
different roadway design or use, compared to any
expected costs for necessary maintenance or
reconstruction of the eligible facility;
(vii) the anticipated economic impact of removing,
retrofitting, or mitigating and converting the eligible
facility and any economic development opportunities that
would be created by removing, retrofitting, or mitigating
and converting the eligible facility; and
(viii) the environmental impacts of retaining or
reconstructing the eligible facility and the anticipated
effect of the proposed alternative use or roadway design;
(B) public engagement activities to provide opportunities
for public input into a plan to remove and convert an eligible
facility; and
(C) other transportation planning activities required in
advance of a project to remove, retrofit, or mitigate an
existing eligible facility to restore community connectivity,
as determined by the Secretary.
(3) Technical assistance program.--
(A) In general.--The Secretary may provide technical
assistance described in subparagraph (B) to an eligible entity.
(B) Technical assistance described.--The technical
assistance referred to in subparagraph (A) is technical
assistance in building organizational or community capacity--
(i) to engage in transportation planning; and
(ii) to identify innovative solutions to infrastructure
challenges, including reconnecting communities that--
(I) are bifurcated by eligible facilities; or
(II) lack safe, reliable, and affordable
transportation choices.
(C) Priorities.--In selecting recipients of technical
assistance under subparagraph (A), the Secretary shall give
priority to an application from a community that is
economically disadvantaged.
(4) Selection.--The Secretary shall--
(A) solicit applications for--
(i) planning grants; and
(ii) technical assistance under paragraph (3); and
(B) evaluate applications for a planning grant on the basis
of the demonstration by the applicant that--
(i) the eligible facility is aged and is likely to need
replacement or significant reconstruction within the 20-
year period beginning on the date of the submission of the
application;
(ii) the eligible facility--
(I) creates barriers to mobility, access, or
economic development; or
(II) is not justified by current and forecast
future travel demand; and
(iii) on the basis of preliminary investigations into
the feasibility of removing, retrofitting, or mitigating
the eligible facility to restore community connectivity,
further investigation is necessary and likely to be
productive.
(5) Award amounts.--A planning grant may not exceed $2,000,000
per recipient.
(6) Federal share.--The total Federal share of the cost of a
planning activity for which a planning grant is used shall not
exceed 80 percent.
(d) Capital Construction Grants.--
(1) Eligible entities.--The Secretary may award a grant
(referred to in this section as a ``capital construction grant'')
to the owner of an eligible facility to carry out an eligible
project described in paragraph (3) for which all necessary
feasibility studies and other planning activities have been
completed.
(2) Partnerships.--An owner of an eligible facility may, for
the purposes of submitting an application for a capital
construction grant, if applicable, partner with--
(A) a State;
(B) a unit of local government;
(C) a Tribal government;
(D) a metropolitan planning organization; or
(E) a nonprofit organization.
(3) Eligible projects.--A project eligible to be carried out
with a capital construction grant includes--
(A) the removal, retrofit, or mitigation of an eligible
facility; and
(B) the replacement of an eligible facility with a new
facility that--
(i) restores community connectivity; and
(ii) is--
(I) sensitive to the context of the surrounding
community; and
(II) otherwise eligible for funding under title 23,
United States Code.
(4) Selection.--The Secretary shall--
(A) solicit applications for capital construction grants;
and
(B) evaluate applications on the basis of--
(i) the degree to which the project will improve
mobility and access through the removal of barriers;
(ii) the appropriateness of removing, retrofitting, or
mitigating the eligible facility, based on current traffic
patterns and the ability of the replacement facility and
the regional transportation network to absorb
transportation demand and provide safe mobility and access;
(iii) the impact of the project on freight movement;
(iv) the results of a cost-benefit analysis of the
project;
(v) the opportunities for inclusive economic
development;
(vi) the degree to which the eligible facility is out
of context with the current or planned land use;
(vii) the results of any feasibility study completed
for the project; and
(viii) the plan of the applicant for--
(I) employing residents in the area impacted by the
project through targeted hiring programs, in
partnership with registered apprenticeship programs, if
applicable; and
(II) contracting and subcontracting with
disadvantaged business enterprises.
(5) Minimum award amounts.--A capital construction grant shall
be in an amount not less than $5,000,000 per recipient.
(6) Federal share.--
(A) In general.--Subject to subparagraph (B), a capital
construction grant may not exceed 50 percent of the total cost
of the project for which the grant is awarded.
(B) Maximum federal involvement.--Federal assistance other
than a capital construction grant may be used to satisfy the
non-Federal share of the cost of a project for which the grant
is awarded, except that the total Federal assistance provided
for a project for which the grant is awarded may not exceed 80
percent of the total cost of the project.
(7) Community advisory board.--
(A) In general.--To help achieve inclusive economic
development benefits with respect to the project for which a
grant is awarded, a grant recipient may form a community
advisory board, which shall--
(i) facilitate community engagement with respect to the
project; and
(ii) track progress with respect to commitments of the
grant recipient to inclusive employment, contracting, and
economic development under the project.
(B) Membership.--If a grant recipient forms a community
advisory board under subparagraph (A), the community advisory
board shall be composed of representatives of--
(i) the community;
(ii) owners of businesses that serve the community;
(iii) labor organizations that represent workers that
serve the community; and
(iv) State and local government.
(e) Reports.--
(1) USDOT report on program.--Not later than January 1, 2026,
the Secretary shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report that
evaluates the program under this section, including--
(A) information about the level of applicant interest in
planning grants, technical assistance under subsection (c)(3),
and capital construction grants, including the extent to which
overall demand exceeded available funds; and
(B) for recipients of capital construction grants, the
outcomes and impacts of the highway removal project,
including--
(i) any changes in the overall level of mobility,
congestion, access, and safety in the project area; and
(ii) environmental impacts and economic development
opportunities in the project area.
(2) GAO report on highway removals.--Not later than 2 years
after the date of enactment of this Act, the Comptroller General of
the United States shall issue a report that--
(A) identifies examples of projects to remove highways
using Federal highway funds;
(B) evaluates the effect of highway removal projects on the
surrounding area, including impacts to the local economy,
congestion effects, safety outcomes, and impacts on the
movement of freight and people;
(C) evaluates the existing Federal-aid program eligibility
under title 23, United States Code, for highway removal
projects;
(D) analyzes the costs and benefits of and barriers to
removing underutilized highways that are nearing the end of
their useful life compared to replacing or reconstructing the
highway; and
(E) provides recommendations for integrating those
assessments into transportation planning and decision-making
processes.
(f) Technical Assistance.--Of the funds made available to carry out
this section for planning grants, the Secretary may use not more than
$15,000,000 during the period of fiscal years 2022 through 2026 to
provide technical assistance under subsection (c)(3).
(g) Treatment of Projects.--Notwithstanding any other provision of
law, a project assisted under this section shall be treated as a
project on a Federal-aid highway under chapter 1 of title 23, United
States Code.
SEC. 11510. CYBERSECURITY TOOL; CYBER COORDINATOR.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Highway Administration.
(2) Cyber incident.--The term ``cyber incident'' has the
meaning given the term ``incident'' in section 3552 of title 44,
United States Code.
(3) Transportation authority.--The term ``transportation
authority'' means--
(A) a public authority (as defined in section 101(a) of
title 23, United States Code);
(B) an owner or operator of a highway (as defined in
section 101(a) of title 23, United States Code);
(C) a manufacturer that manufactures a product related to
transportation; and
(D) a division office of the Federal Highway
Administration.
(b) Cybersecurity Tool.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Administrator shall develop a tool to
assist transportation authorities in identifying, detecting,
protecting against, responding to, and recovering from cyber
incidents.
(2) Requirements.--In developing the tool under paragraph (1),
the Administrator shall--
(A) use the cybersecurity framework established by the
National Institute of Standards and Technology and required by
Executive Order 13636 of February 12, 2013 (78 Fed. Reg. 11739;
relating to improving critical infrastructure cybersecurity);
(B) establish a structured cybersecurity assessment and
development program;
(C) coordinate with the Transportation Security
Administration and the Cybersecurity and Infrastructure
Security Agency;
(D) consult with appropriate transportation authorities,
operating agencies, industry stakeholders, and cybersecurity
experts; and
(E) provide for a period of public comment and review on
the tool.
(c) Designation of Cyber Coordinator.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Administrator shall designate an office
as a ``cyber coordinator'', which shall be responsible for
monitoring, alerting, and advising transportation authorities of
cyber incidents.
(2) Requirements.--The office designated under paragraph (1)
shall, in coordination with the Transportation Security
Administration and the Cybersecurity and Infrastructure Security
Agency--
(A) provide to transportation authorities a secure method
of notifying the Federal Highway Administration of cyber
incidents;
(B) share the information collected under subparagraph (A)
with the Transportation Security Administration and the
Cybersecurity and Infrastructure Security Agency;
(C) monitor cyber incidents that affect transportation
authorities;
(D) alert transportation authorities to cyber incidents
that affect those transportation authorities;
(E) investigate unaddressed cyber incidents that affect
transportation authorities; and
(F) provide to transportation authorities educational
resources, outreach, and awareness on fundamental principles
and best practices in cybersecurity for transportation systems.
SEC. 11511. REPORT ON EMERGING ALTERNATIVE FUEL VEHICLES AND
INFRASTRUCTURE.
(a) Definitions.--In this section:
(1) Emerging alternative fuel vehicle.--The term ``emerging
alternative fuel vehicle'' means a vehicle fueled by hydrogen,
natural gas, or propane.
(2) Emerging alternative fueling infrastructure.--The term
``emerging alternative fueling infrastructure'' means
infrastructure for fueling an emerging alternative fuel vehicle.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, to help guide future investments for emerging alternative
fueling infrastructure, the Secretary shall submit to Congress and make
publicly available a report that--
(1) includes an evaluation of emerging alternative fuel
vehicles and projections for potential locations of emerging
alternative fuel vehicle owners during the 5-year period beginning
on the date of submission of the report;
(2) identifies areas where emerging alternative fueling
infrastructure will be needed to meet the current and future needs
of drivers during the 5-year period beginning on the date of
submission of the report;
(3) identifies specific areas, such as a lack of pipeline
infrastructure, that may impede deployment and adoption of emerging
alternative fuel vehicles;
(4) includes a map that identifies concentrations of emerging
alternative fuel vehicles to meet the needs of current and future
emerging alternative fueling infrastructure;
(5) estimates the future need for emerging alternative fueling
infrastructure to support the adoption and use of emerging
alternative fuel vehicles; and
(6) includes a tool to allow States to compare and evaluate
different adoption and use scenarios for emerging alternative fuel
vehicles, with the ability to adjust factors to account for
regionally specific characteristics.
SEC. 11512. NONHIGHWAY RECREATIONAL FUEL STUDY.
(a) Definitions.--In this section:
(1) Highway trust fund.--The term ``Highway Trust Fund'' means
the Highway Trust Fund established by section 9503(a) of the
Internal Revenue Code of 1986.
(2) Nonhighway recreational fuel taxes.--The term ``nonhighway
recreational fuel taxes'' means taxes under section 4041 and 4081
of the Internal Revenue Code of 1986 with respect to fuel used in
vehicles on recreational trails or back country terrain (including
vehicles registered for highway use when used on recreational
trails, trail access roads not eligible for funding under title 23,
United States Code, or back country terrain).
(3) Recreational trails program.--The term ``recreational
trails program'' means the recreational trails program under
section 206 of title 23, United States Code.
(b) Assessment; Report.--
(1) Assessment.--Not later than 1 year after the date of
enactment of this Act and not less frequently than once every 5
years thereafter, as determined by the Secretary, the Secretary
shall carry out an assessment of the best available estimate of the
total amount of nonhighway recreational fuel taxes received by the
Secretary of the Treasury and transferred to the Highway Trust Fund
for the period covered by the assessment.
(2) Report.--After carrying out each assessment under paragraph
(1), the Secretary shall submit to the Committees on Finance and
Environment and Public Works of the Senate and the Committees on
Ways and Means and Transportation and Infrastructure of the House
of Representatives a report that includes--
(A) to assist Congress in determining an appropriate
funding level for the recreational trails program--
(i) a description of the results of the assessment; and
(ii) an evaluation of whether the current recreational
trails program funding level reflects the amount of
nonhighway recreational fuel taxes collected and
transferred to the Highway Trust Fund; and
(B) in the case of the first report submitted under this
paragraph, an estimate of the frequency with which the
Secretary anticipates carrying out the assessment under
paragraph (1), subject to the condition that such an assessment
shall be carried out not less frequently than once every 5
years.
(c) Consultation.--In carrying out an assessment under subsection
(b)(1), the Secretary may consult with, as the Secretary determines to
be appropriate--
(1) the heads of--
(A) State agencies designated by Governors pursuant to
section 206(c)(1) of title 23, United States Code, to
administer the recreational trails program; and
(B) division offices of the Department;
(2) the Secretary of the Treasury;
(3) the Administrator of the Federal Highway Administration;
and
(4) groups representing recreational activities and interests,
including hiking, biking and mountain biking, horseback riding,
water trails, snowshoeing, cross-country skiing, snowmobiling, off-
highway motorcycling, all-terrain vehicles and other offroad
motorized vehicle activities, and recreational trail advocates.
SEC. 11513. BUY AMERICA.
Section 313 of title 23, United States Code, is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following:
``(g) Waivers.--
``(1) In general.--Not less than 15 days before issuing a
waiver under this section, the Secretary shall provide to the
public--
``(A) notice of the proposed waiver;
``(B) an opportunity for comment on the proposed waiver;
and
``(C) the reasons for the proposed waiver.
``(2) Report.--Not less frequently than annually, the Secretary
shall submit to the Committee on Environment and Public Works of
the Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report on the waivers provided
under this section.''.
SEC. 11514. HIGH PRIORITY CORRIDORS ON THE NATIONAL HIGHWAY SYSTEM.
(a) High Priority Corridors.--Section 1105(c) of the Intermodal
Surface Transportation Efficiency Act of 1991 (Public Law 102-240; 105
Stat. 2032; 133 Stat. 3018) is amended--
(1) by striking paragraph (84) and inserting the following:
``(84) The Central Texas Corridor, including the route--
``(A) commencing in the vicinity of Texas Highway 338 in
Odessa, Texas, running eastward generally following Interstate
Route 20, connecting to Texas Highway 158 in the vicinity of
Midland, Texas, then following Texas Highway 158 eastward to
United States Route 87 and then following United States Route
87 southeastward, passing in the vicinity of San Angelo, Texas,
and connecting to United States Route 190 in the vicinity of
Brady, Texas;
``(B) commencing at the intersection of Interstate Route 10
and United States Route 190 in Pecos County, Texas, and
following United States Route 190 to Brady, Texas;
``(C) following portions of United States Route 190
eastward, passing in the vicinity of Fort Hood, Killeen,
Belton, Temple, Bryan, College Station, Huntsville, Livingston,
Woodville, and Jasper, to the logical terminus of Texas Highway
63 at the Sabine River Bridge at Burrs Crossing and including a
loop generally encircling Bryan/College Station, Texas;
``(D) following United States Route 83 southward from the
vicinity of Eden, Texas, to a logical connection to Interstate
Route 10 at Junction, Texas;
``(E) following United States Route 69 from Interstate
Route 10 in Beaumont, Texas, north to United States Route 190
in the vicinity of Woodville, Texas;
``(F) following United States Route 96 from Interstate
Route 10 in Beaumont, Texas, north to United States Route 190
in the vicinity of Jasper, Texas; and
``(G) following United States Route 190, State Highway 305,
and United States Route 385 from Interstate Route 10 in Pecos
County, Texas, to Interstate 20 at Odessa, Texas.''; and
(2) by adding at the end the following:
``(92) United States Route 421 from the interchange with
Interstate Route 85 in Greensboro, North Carolina, to the
interchange with Interstate Route 95 in Dunn, North Carolina.
``(93) The South Mississippi Corridor from the Louisiana and
Mississippi border near Natchez, Mississippi, to Gulfport,
Mississippi, shall generally follow--
``(A) United States Route 84 from the Louisiana border at
the Mississippi River passing in the vicinity of Natchez,
Brookhaven, Monticello, Prentiss, and Collins, Mississippi, to
the logical terminus with Interstate Route 59 in the vicinity
of Laurel, Mississippi, and continuing on Interstate Route 59
south to the vicinity of Hattiesburg, Mississippi; and
``(B) United States Route 49 from the vicinity of
Hattiesburg, Mississippi, south to Interstate Route 10 in the
vicinity of Gulfport, Mississippi, following Mississippi Route
601 south and terminating near the Mississippi State Port at
Gulfport.
``(94) The Kosciusko to Gulf Coast corridor commencing at the
logical terminus of Interstate Route 55 near Vaiden, Mississippi,
running south and passing east of the vicinity of the Jackson
Urbanized Area, connecting to United States Route 49 north of
Hattiesburg, Mississippi, and generally following United States
Route 49 to a logical connection with Interstate Route 10 in the
vicinity of Gulfport, Mississippi.
``(95) The Interstate Route 22 spur from the vicinity of
Tupelo, Mississippi, running south generally along United States
Route 45 to the vicinity of Shannon, Mississippi.
``(96) The route that generally follows United States Route 412
from its intersection with Interstate Route 35 in Noble County,
Oklahoma, passing through Tulsa, Oklahoma, to its intersection with
Interstate Route 49 in Springdale, Arkansas.
``(97) The Louie B. Nunn Cumberland Expressway from the
interchange with Interstate Route 65 in Barren County, Kentucky,
east to the interchange with United States Highway 27 in Somerset,
Kentucky.
``(98) The route that generally follows State Route 7 from
Grenada, Mississippi, to Holly Springs, Mississippi, passing in the
vicinity of Coffeeville, Water Valley, Oxford, and Abbeville,
Mississippi, to its logical connection with Interstate Route 22 in
the vicinity of Holly Springs, Mississippi.
``(99) The Central Louisiana Corridor commencing at the logical
terminus of Louisiana Highway 8 at the Sabine River Bridge at Burrs
Crossing and generally following portions of Louisiana Highway 8 to
Leesville, Louisiana, and then eastward on Louisiana Highway 28,
passing in the vicinity of Alexandria, Pineville, Walters, and
Archie, to the logical terminus of United States Route 84 at the
Mississippi River Bridge at Vidalia, Louisiana.
``(100) The Central Mississippi Corridor, including the route--
``(A) commencing at the logical terminus of United States
Route 84 at the Mississippi River and then generally following
portions of United States Route 84 passing in the vicinity of
Natchez, Brookhaven, Monticello, Prentiss, and Collins, to
Interstate Route 59 in the vicinity of Laurel, Mississippi, and
continuing on Interstate Route 59 north to Interstate Route 20
and on Interstate Route 20 to the Mississippi-Alabama State
border; and
``(B) commencing in the vicinity of Laurel, Mississippi,
running south on Interstate Route 59 to United States Route 98
in the vicinity of Hattiesburg, connecting to United States
Route 49 south then following United States Route 49 south to
Interstate Route 10 in the vicinity of Gulfport and following
Mississippi Route 601 southerly terminating near the
Mississippi State Port at Gulfport.
``(101) The Middle Alabama Corridor including the route--
``(A) beginning at the Alabama-Mississippi border generally
following portions of I-20 until following a new interstate
extension paralleling United States Highway 80, specifically--
``(B) crossing Alabama Route 28 near Coatopa, Alabama,
traveling eastward crossing United States Highway 43 and
Alabama Route 69 near Selma, Alabama, traveling eastwards
closely paralleling United States Highway 80 to the south
crossing over Alabama Routes 22, 41, and 21, until its
intersection with I-65 near Hope Hull, Alabama;
``(C) continuing east along the proposed Montgomery Outer
Loop south of Montgomery, Alabama where it would next join with
I-85 east of Montgomery, Alabama;
``(D) continuing along I-85 east bound until its
intersection with United States Highway 280 near Opelika,
Alabama or United States Highway 80 near Tuskegee, Alabama;
``(E) generally following the most expedient route until
intersecting with existing United States Highway 80 (JR Allen
Parkway) through Phenix City until continuing into Columbus,
Georgia.
``(102) The Middle Georgia Corridor including the route--
``(A) beginning at the Alabama-Georgia Border generally
following the Fall Line Freeway from Columbus, Georgia to
Augusta, Georgia, specifically--
``(B) travelling along United States Route 80 (JR Allen
Parkway) through Columbus, Georgia and near Fort Benning,
Georgia, east to Talbot County, Georgia where it would follow
Georgia Route 96, then commencing on Georgia Route 49C (Fort
Valley Bypass) to Georgia Route 49 (Peach Parkway) to its
intersection with Interstate Route 75 in Byron, Georgia;
``(C) continuing north along Interstate Route 75 through
Warner Robins and Macon, Georgia where it would meet Interstate
Route 16, then following Interstate Route 16 east it would next
join United States Route 80 and then onto State Route 57;
``(D) commencing with State Route 57 which turns into State
Route 24 near Milledgeville, Georgia would then bypass Wrens,
Georgia with a newly constructed bypass, and after the bypass
it would join United States Route 1 near Fort Gordon into
Augusta, Georgia where it will terminate at Interstate Route
520.''.
(b) Designation as Future Interstates.--Section 1105(e)(5)(A) of
the Intermodal Surface Transportation Efficiency Act of 1991 (Public
Law 102-240; 109 Stat. 597; 133 Stat. 3018) is amended in the first
sentence--
(1) by inserting ``subsection (c)(84),'' after ``subsection
(c)(83),''; and
(2) by striking ``and subsection (c)(91)'' and inserting
``subsection (c)(91), subsection (c)(92), subsection (c)(93)(A),
subsection (c)(94), subsection (c)(95), subsection (c)(96),
subsection (c)(97), subsection (c)(99), subsection (c)(100),
subsection (c)(101), and subsection (c)(102)''.
(c) Numbering of Parkway.--Section 1105(e)(5)(C)(i) of the
Intermodal Surface Transportation Efficiency Act of 1991 (Public Law
102-240; 109 Stat. 598; 133 Stat. 3018) is amended--
(1) by striking the fifteenth sentence and inserting the
following: ``The route referred to in subsection (c)(84)(A) is
designated as Interstate Route I-14 North. The route referred to in
subsection (c)(84)(B) is designated as Interstate Route I-14 South.
The Bryan/College Station, Texas loop referred to in subsection
(c)(84)(C) is designated as Interstate Route I-214.''; and
(2) by adding at the end the following: ``The route referred to
in subsection (c)(97) is designated as Interstate Route I-365. The
routes referred to in subsections (c)(84)(C), (c)(99), (c)(100),
(c)(101), and (c)(102) are designated as Interstate Route I-14. The
routes referred to in subparagraphs (D), (E), (F), and (G) of
subsection (c)(84) and subparagraph (B) of subsection (c)(100)
shall each be given separate Interstate route numbers.''.
(d) GAO Report on Designation of Segments as Part of Interstate
System.--
(1) Definition of applicable segment.--In this subsection, the
term ``applicable segment'' means the route described in paragraph
(92) of section 1105(c) of the Intermodal Surface Transportation
Efficiency Act of 1991 (Public Law 102-240; 105 Stat. 2032).
(2) Report.--
(A) In general.--Not later than 2 years after the date on
which the applicable segment is open for operations as part of
the Interstate System, the Comptroller General of the United
States shall submit to Congress a report on the impact, if any,
during that 2-year period of allowing the continuation of
weight limits that applied before the designation of the
applicable segment as a route on the Interstate System.
(B) Requirements.--The report under subparagraph (A)
shall--
(i) be informed by the views and documentation provided
by the State highway agency (or equivalent agency) in the
State in which the applicable segment is located;
(ii) describe any impacts on safety and infrastructure
on the applicable segment;
(iii) describe any view of the State highway agency (or
equivalent agency) in the State in which the applicable
segment is located on the impact of the applicable segment;
and
(iv) focus only on the applicable segment.
SEC. 11515. INTERSTATE WEIGHT LIMITS.
Section 127 of title 23, United States Code, is amended--
(1) in subsection (l)(3)(A)--
(A) in the matter preceding clause (i), in the first
sentence, by striking ``clauses (i) through (iv) of this
subparagraph'' and inserting ``clauses (i) through (v)''; and
(B) by adding at the end the following:
``(v) The Louie B. Nunn Cumberland Expressway (to be
designated as a spur of Interstate Route 65) from the
interchange with Interstate Route 65 in Barren County,
Kentucky, east to the interchange with United States
Highway 27 in Somerset, Kentucky.''; and
(2) by adding at the end the following:
``(v) Operation of Vehicles on Certain North Carolina Highways.--If
any segment in the State of North Carolina of United States Route 17,
United States Route 29, United States Route 52, United States Route 64,
United States Route 70, United States Route 74, United States Route
117, United States Route 220, United States Route 264, or United States
Route 421 is designated as a route on the Interstate System, a vehicle
that could operate legally on that segment before the date of such
designation may continue to operate on that segment, without regard to
any requirement under subsection (a).
``(w) Operation of Vehicles on Certain Oklahoma Highways.--If any
segment of the highway referred to in paragraph (96) of section 1105(c)
of the Intermodal Surface Transportation Efficiency Act of 1991 (Public
Law 102-240; 105 Stat. 2032) is designated as a route on the Interstate
System, a vehicle that could operate legally on that segment before the
date of such designation may continue to operate on that segment,
without any regard to any requirement under this section.''.
SEC. 11516. REPORT ON AIR QUALITY IMPROVEMENTS.
(a) In General.--Not later than 3 years after the date of enactment
of this Act, the Comptroller General of the United States shall submit
a report that evaluates the congestion mitigation and air quality
improvement program under section 149 of title 23, United States Code
(referred to in this section as the ``program''), to--
(1) the Committee on Environment and Public Works of the
Senate; and
(2) the Committee on Transportation and Infrastructure of the
House of Representatives.
(b) Contents.--The evaluation under subsection (a) shall include an
evaluation of--
(1) the reductions of ozone, carbon monoxide, and particulate
matter that result from projects under the program;
(2) the cost-effectiveness of the reductions described in
paragraph (1);
(3) the result of investments of funding under the program in
minority and low-income communities that are disproportionately
affected by ozone, carbon monoxide, and particulate matter;
(4) the effectiveness, with respect to the attainment or
maintenance of national ambient air quality standards under section
109 of the Clean Air Act (42 U.S.C. 7409) for ozone, carbon
monoxide, and particulate matter, of performance measures
established under section 150(c)(5) of title 23, United States
Code, and performance targets established under subsection (d) of
that section for traffic congestion and on-road mobile source
emissions;
(5) the extent to which there are any types of projects that
are not eligible funding under the program that would be likely to
contribute to the attainment or maintenance of the national ambient
air quality standards described in paragraph (4); and
(6) the extent to which projects under the program reduce
sulfur dioxide, nitrogen dioxide, and lead.
SEC. 11517. ROADSIDE HIGHWAY SAFETY HARDWARE.
(a) In General.--To the maximum extent practicable, the Secretary
shall develop a process for third party verification of full-scale
crash testing results from crash test labs, including a method for
formally verifying the testing outcomes and providing for an
independent pass/fail determination. In establishing such a process,
the Secretary shall seek to ensure the independence of crash test labs
by ensuring that those labs have a clear separation between device
development and testing in cases in which lab employees test devices
that were developed within the parent organization of the employee.
(b) Continued Issuance of Eligibility Letters.--Until the
implementation of the process described in subsection (a) is complete,
the Secretary may, and is encouraged to, ensure that the Administrator
of the Federal Highway Administration continues to issue Federal-aid
reimbursement eligibility letters for roadside safety hardware as a
service to States.
(c) Report to Congress.--
(1) In general.--If the Secretary seeks to discontinue issuing
the letters described in subsection (b), the Secretary shall submit
to the Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives a report at least 1 year before discontinuing the
letters.
(2) Inclusions.--The report described in paragraph (1) shall
include a summary of the third-party verification process described
in subsection (a) that will replace the Federal Highway
Administration issuance of eligibility letters and any other
relevant information that the Secretary deems necessary.
SEC. 11518. PERMEABLE PAVEMENTS STUDY.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall carry out a study--
(1) to gather existing information on the effects of permeable
pavements on flood control in different contexts, including in
urban areas, and over the lifetime of the permeable pavement;
(2) to perform research to fill gaps in the existing
information gathered under paragraph (1); and
(3) to develop--
(A) models for the performance of permeable pavements in
flood control; and
(B) best practices for designing permeable pavement to meet
flood control requirements.
(b) Data Survey.--In carrying out the study under subsection (a),
the Secretary shall develop--
(1) a summary, based on available literature and models, of
localized flood control capabilities of permeable pavement that
considers long-term performance and cost information; and
(2) best practices for the design of localized flood control
using permeable pavement that considers long-term performance and
cost information.
(c) Publication.--The Secretary shall make a report describing the
results of the study under subsection (a) publicly available.
SEC. 11519. EMERGENCY RELIEF PROJECTS.
(a) Definition of Emergency Relief Project.--In this section, the
term ``emergency relief project'' means a project carried out under the
emergency relief program under section 125 of title 23, United States
Code.
(b) Improving the Emergency Relief Program.--Not later than 90 days
after the date of enactment of this Act, the Secretary shall--
(1) revise the emergency relief manual of the Federal Highway
Administration--
(A) to include and reflect the definition of the term
``resilience'' (as defined in section 101(a) of title 23,
United States Code);
(B) to identify procedures that States may use to
incorporate resilience into emergency relief projects; and
(C) to encourage the use of Complete Streets design
principles and consideration of access for moderate- and low-
income families impacted by a declared disaster;
(2) develop best practices for improving the use of resilience
in--
(A) the emergency relief program under section 125 of title
23, United States Code; and
(B) emergency relief efforts;
(3) provide to division offices of the Federal Highway
Administration and State departments of transportation information
on the best practices developed under paragraph (2); and
(4) develop and implement a process to track--
(A) the consideration of resilience as part of the
emergency relief program under section 125 of title 23, United
States Code; and
(B) the costs of emergency relief projects.
SEC. 11520. STUDY ON STORMWATER BEST MANAGEMENT PRACTICES.
(a) Study.--Not later than 180 days after the date of enactment of
this Act, the Secretary and the Administrator of the Environment
Protection Agency shall offer to enter into an agreement with the
Transportation Research Board of the National Academy of Sciences to
conduct a study--
(1) to estimate pollutant loads from stormwater runoff from
highways and pedestrian facilities eligible for assistance under
title 23, United States Code, to inform the development of
appropriate total maximum daily load (as defined in section 130.2
of title 40, Code of Federal Regulations (or successor
regulations)) requirements;
(2) to provide recommendations regarding the evaluation and
selection by State departments of transportation of potential
stormwater management and total maximum daily load compliance
strategies within a watershed, including environmental restoration
and pollution abatement carried out under section 328 of title 23,
United States Code (including any revisions to law (including
regulations) that the Transportation Research Board determines to
be appropriate); and
(3) to examine the potential for the Secretary to assist State
departments of transportation in carrying out and communicating
stormwater management practices for highways and pedestrian
facilities that are eligible for assistance under title 23, United
States Code, through information-sharing agreements, database
assistance, or an administrative platform to provide the
information described in paragraphs (1) and (2) to entities issued
permits under the Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.).
(b) Requirements.--If the Transportation Research Board enters into
an agreement under subsection (a), in conducting the study under that
subsection, the Transportation Research Board shall--
(1) review and supplement, as appropriate, the methodologies
examined and recommended in the report of the National Academies of
Sciences, Engineering, and Medicine entitled ``Approaches for
Determining and Complying with TMDL Requirements Related to Roadway
Stormwater Runoff'' and dated 2019;
(2) consult with--
(A) the Secretary;
(B) the Administrator of the Environmental Protection
Agency;
(C) the Secretary of the Army, acting through the Chief of
Engineers; and
(D) State departments of transportation; and
(3) solicit input from--
(A) stakeholders with experience in implementing stormwater
management practices for projects; and
(B) educational and technical stormwater management groups.
(c) Report.--If the Transportation Research Board enters into an
agreement under subsection (a), not later than 18 months after the date
of enactment of this Act, the Transportation Research Board shall
submit to the Secretary, the Committee on Environment and Public Works
of the Senate, and the Committee on Transportation and Infrastructure
of the House of Representatives a report describing the results of the
study.
SEC. 11521. STORMWATER BEST MANAGEMENT PRACTICES REPORTS.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Highway Administration.
(2) Best management practices report.--The term ``best
management practices report'' means--
(A) the 2014 report sponsored by the Administrator entitled
``Determining the State of the Practice in Data Collection and
Performance Measurement of Stormwater Best Management
Practices''; and
(B) the 1997 report sponsored by the Administrator entitled
``Stormwater Best Management Practices in an Ultra-Urban
Setting: Selection and Monitoring''.
(b) Reissuance.--Not later than 1 year after the date of enactment
of this Act, the Administrator shall update and reissue each best
management practices report to reflect new information and advancements
in stormwater management.
(c) Updates.--Not less frequently than once every 5 years after the
date on which the Administrator reissues a best management practices
report described in subsection (b), the Administrator shall update and
reissue the best management practices report until the earlier of the
date on which--
(1) the best management practices report is withdrawn; or
(2) the contents of the best management practices report are
incorporated (including by reference) into applicable regulations
of the Administrator.
SEC. 11522. INVASIVE PLANT ELIMINATION PROGRAM.
(a) Definitions.--In this section:
(1) Invasive plant.--The term ``invasive plant'' means a
nonnative plant, tree, grass, or weed species, including, at a
minimum, cheatgrass, Ventenata dubia, medusahead, bulbous
bluegrass, Japanese brome, rattail fescue, Japanese honeysuckle,
phragmites, autumn olive, Bradford pear, wild parsnip, sericea
lespedeza, spotted knapweed, garlic mustard, and palmer amaranth.
(2) Program.--The term ``program'' means the grant program
established under subsection (b).
(3) Transportation corridor.--The term ``transportation
corridor'' means a road, highway, railroad, or other surface
transportation route.
(b) Establishment.--The Secretary shall carry out a program to
provide grants to States to eliminate or control existing invasive
plants or prevent introduction of or encroachment by new invasive
plants along and in areas adjacent to transportation corridor rights-
of-way.
(c) Application.--To be eligible to receive a grant under the
program, a State shall submit to the Secretary an application at such
time, in such manner, and containing such information as the Secretary
may require.
(d) Eligible Activities.--
(1) In general.--Subject to this subsection, a State that
receives a grant under the program may use the grant funds to carry
out activities to eliminate or control existing invasive plants or
prevent introduction of or encroachment by new invasive plants
along and in areas adjacent to transportation corridor rights-of-
way.
(2) Prioritization of projects.--In carrying out the program,
the Secretary shall give priority to projects that utilize
revegetation with native plants and wildflowers, including those
that are pollinator-friendly.
(3) Prohibition on certain uses of funds.--Amounts provided to
a State under the program may not be used for costs relating to
mowing a transportation corridor right-of-way or the adjacent area
unless--
(A) mowing is identified as the best means of treatment
according to best management practices; or
(B) mowing is used in conjunction with another treatment.
(4) Limitation.--Not more than 10 percent of the amounts
provided to a State under the program may be used for the purchase
of equipment.
(5) Administrative and indirect costs.--Not more than 5 percent
of the amounts provided to a State under the program may be used
for the administrative and other indirect costs (such as full time
employee salaries, rent, insurance, subscriptions, utilities, and
office supplies) of carrying out eligible activities.
(e) Requirements.--
(1) Coordination.--In carrying out eligible activities with a
grant under the program, a State shall coordinate with--
(A) units of local government, political subdivisions of
the State, and Tribal authorities that are carrying out
eligible activities in the areas to be treated;
(B) local regulatory authorities, in the case of a
treatment along or adjacent to a railroad right-of-way; and
(C) with respect to the most effective roadside control
methods, State and Federal land management agencies and any
relevant Tribal authorities.
(2) Annual report.--Not later than 1 year after the date on
which a State receives a grant under the program, and annually
thereafter, that State shall provide to the Secretary an annual
report on the treatments carried out using funds from the grant.
(f) Federal Share.--
(1) In general.--The Federal share of the cost of an eligible
activity carried out using funds from a grant under the program
shall be--
(A) in the case of a project that utilizes revegetation
with native plants and wildflowers, including those that are
pollinator-friendly, 75 percent; and
(B) in the case of any other project not described in
subparagraph (A), 50 percent.
(2) Certain funds counted toward non-federal share.--A State
may include amounts expended by the State or a unit of local
government in the State to address current invasive plant
populations and prevent future infestation along or in areas
adjacent to transportation corridor rights-of-way in calculating
the non-Federal share required under the program.
(g) Funding.--There is authorized to be appropriated to carry out
the program $50,000,000 for each of fiscal years 2022 through 2026.
SEC. 11523. OVER-THE-ROAD BUS TOLLING EQUITY.
Section 129(a) of title 23, United States Code, is amended--
(1) in paragraph (3)(B)(i), by inserting ``, together with the
results of the audit under paragraph (9)(C),'' after ``the
audits''; and
(2) in paragraph (9)--
(A) by striking ``An over-the-road'' and inserting the
following:
``(A) In general.--An over-the-road'';
(B) in subparagraph (A) (as so designated), by striking
``public transportation buses'' and inserting ``public
transportation vehicles''; and
(C) by adding at the end the following:
``(B) Reports.--
``(i) In general.--Not later than 90 days after the
date of enactment of this subparagraph, a public authority
that operates a toll facility shall report to the Secretary
any rates, terms, or conditions for access to the toll
facility by public transportation vehicles that differ from
the rates, terms, or conditions applicable to over-the-road
buses.
``(ii) Updates.--A public authority that operates a
toll facility shall report to the Secretary any change to
the rates, terms, or conditions for access to the toll
facility by public transportation vehicles that differ from
the rates, terms, or conditions applicable to over-the-road
buses by not later than 30 days after the date on which the
change takes effect.
``(iii) Publication.--The Secretary shall publish
information reported to the Secretary under clauses (i) and
(ii) on a publicly accessible internet website.
``(C) Annual audit.--
``(i) In general.--A public authority (as defined in
section 101(a)) with jurisdiction over a toll facility
shall--
``(I) conduct or have an independent auditor
conduct an annual audit of toll facility records to
verify compliance with this paragraph; and
``(II) report the results of the audit, together
with the results of the audit under paragraph (3)(B),
to the Secretary.
``(ii) Records.--After providing reasonable notice, a
public authority described in clause (i) shall make all
records of the public authority pertaining to the toll
facility available for audit by the Secretary.
``(iii) Noncompliance.--If the Secretary determines
that a public authority described in clause (i) has not
complied with this paragraph, the Secretary may require the
public authority to discontinue collecting tolls until an
agreement with the Secretary is reached to achieve
compliance.''.
SEC. 11524. BRIDGE TERMINOLOGY.
(a) Condition of NHS Bridges.--Section 119(f)(2) of title 23,
United States Code, is amended by striking ``structurally deficient''
each place it appears and inserting ``in poor condition''.
(b) National Bridge and Tunnel Inventories.--Section 144(b)(5) of
title 23, United States Code, is amended by striking ``structurally
deficient bridge'' and inserting ``bridge classified as in poor
condition''.
(c) Tribal Transportation Facility Bridges.--Section 202(d) of
title 23, United States Code, is amended--
(1) in paragraph (1), by striking ``deficient bridges eligible
for the tribal transportation program'' and inserting ``bridges
eligible for the tribal transportation program classified as in
poor condition, having low load capacity, or needing geometric
improvements''; and
(2) in paragraph (3)(C), by striking ``structurally deficient
or functionally obsolete'' and inserting ``classified as in poor
condition, having a low load capacity, or needing geometric
improvements''.
SEC. 11525. TECHNICAL CORRECTIONS.
(a) Section 101(b)(1) of title 23, United States Code, is amended
by inserting ``Highways'' after ``and Defense''.
(b) Section 104(f)(3) of title 23, United States Code, is amended--
(1) in the paragraph heading, by striking ``federal highway
administration'' and inserting ``an operating administration of the
department of transportation''; and
(2) in subparagraph (A), by striking ``the Federal Highway
Administration'' and inserting ``an operating administration of the
Department of Transportation''.
(c) Section 108(c)(3)(F) of title 23, United States Code, is
amended--
(1) by inserting ``of 1969 (42 U.S.C. 4321 et seq.)'' after
``Policy Act''; and
(2) by striking ``this Act'' and inserting ``this title''.
(d) Section 112(b)(2) of title 23, United States Code, is amended
by striking ``(F) (F) Subparagraphs'' and inserting the following:
``(F) Exclusion.--Subparagraphs''.
(e) Section 115(c) of title 23, United States Code, is amended by
striking ``section 135(f)'' and inserting ``section 135(g)''.
(f) Section 130(g) of title 23, United States Code, is amended--
(1) in the third sentence--
(A) by striking ``and Transportation,'' and inserting ``and
Transportation''; and
(B) by striking ``thereafter,,'' and inserting
``thereafter,''; and
(2) in the fifth sentence, by striking ``railroad highway'' and
inserting ``railway-highway''.
(g) Section 135(g) of title 23, United States Code, is amended--
(1) in paragraph (3), by striking ``operators),,'' and
inserting ``operators),''; and
(2) in paragraph (6)(B), by striking ``5310, 5311, 5316, and
5317'' and inserting ``5310 and 5311''.
(h) Section 139 of title 23, United States Code (as amended by
section 11301), is amended--
(1) in subsection (b)(1), by inserting ``(42 U.S.C. 4321 et
seq.)'' after ``of 1969'';
(2) in subsection (c), by inserting ``(42 U.S.C. 4321 et
seq.)'' after ``of 1969'' each place it appears; and
(3) in subsection (k)(2), by inserting ``(42 U.S.C. 4321 et
seq.)'' after ``of 1969''.
(i) Section 140(a) of title 23, United States Code, is amended, in
the third sentence, by inserting a comma after ``Secretary''.
(j) Section 148(i)(2)(D) of title 23, United States Code, is
amended by striking ``safety safety'' and inserting ``safety''.
(k) Section 166(a)(1) of title 23, United States Code, is amended
by striking the paragraph designation and heading and all that follows
through ``A public authority'' and inserting the following:
``(1) Authority of public authorities.--A public authority''.
(l) Section 201(c)(6)(A)(ii) of title 23, United States Code, is
amended by striking ``(25 U.S.C. 450 et seq.)'' and inserting ``(25
U.S.C. 5301 et seq.)''.
(m) Section 202 of title 23, United States Code, is amended--
(1) by striking ``(25 U.S.C. 450 et seq.)'' each place it
appears and inserting ``(25 U.S.C. 5301 et seq.)'';
(2) in subsection (a)(10)(B), by striking ``(25 U.S.C.
450e(b))'' and inserting ``(25 U.S.C. 5307(b))''; and
(3) in subsection (b)(5), in the matter preceding subparagraph
(A), by inserting ``the'' after ``agreement under''.
(n) Section 206(d)(2)(G) of title 23, United States Code, is
amended by striking ``use of recreational trails'' and inserting ``uses
of recreational trails''.
(o) Section 207 of title 23, United States Code, is amended--
(1) in subsection (g)--
(A) by striking ``(25 U.S.C. 450j-1)'' and inserting ``(25
U.S.C. 5325)''; and
(B) by striking ``(25 U.S.C. 450j-1(f))'' and inserting
``(25 U.S.C. 5325(f))'';
(2) in subsection (l)--
(A) in paragraph (1), by striking ``(25 U.S.C. 458aaa-5)''
and inserting ``(25 U.S.C. 5386)'';
(B) in paragraph (2), by striking ``(25 U.S.C. 458aaa-6)''
and inserting ``(25 U.S.C. 5387)'';
(C) in paragraph (3), by striking ``(25 U.S.C. 458aaa-7)''
and inserting ``(25 U.S.C. 5388)'';
(D) in paragraph (4), by striking ``(25 U.S.C. 458aaa-9)''
and inserting ``(25 U.S.C. 5390)'';
(E) in paragraph (5), by striking ``(25 U.S.C. 458aaa-10)''
and inserting ``(25 U.S.C. 5391)'';
(F) in paragraph (6), by striking ``(25 U.S.C. 458aaa-11)''
and inserting ``(25 U.S.C. 5392)'';
(G) in paragraph (7), by striking ``(25 U.S.C. 458aaa-14)''
and inserting ``(25 U.S.C. 5395)'';
(H) in paragraph (8), by striking ``(25 U.S.C. 458aaa-15)''
and inserting ``(25 U.S.C. 5396)''; and
(I) in paragraph (9), by striking ``(25 U.S.C. 458aaa-17)''
and inserting ``(25 U.S.C. 5398)''; and
(3) in subsection (m)(2)--
(A) by striking ``505'' and inserting ``501''; and
(B) by striking ``(25 U.S.C. 450b; 458aaa)'' and inserting
``(25 U.S.C. 5304; 5381)''.
(p) Section 217(d) of title 23, United States Code, is amended by
striking ``104(b)(3)'' and inserting ``104(b)(4)''.
(q) Section 323(d) of title 23, United States Code, is amended in
the matter preceding paragraph (1), in the second sentence, by
inserting ``(42 U.S.C. 4321 et seq.)'' after ``of 1969''.
(r) Section 325 of title 23, United States Code, is repealed.
(s) Section 504(g)(6) of title 23, United States Code, is amended
by striking ``make grants or to'' and inserting ``make grants to''.
(t) The analysis for chapter 3 of title 23, United States Code, is
amended by striking the item relating to section 325.
SEC. 11526. WORKING GROUP ON COVERED RESOURCES.
(a) Definitions.--In this section:
(1) Covered resource.--The term ``covered resource'' means a
common variety material used in transportation infrastructure
construction and maintenance, including stone, sand, and gravel.
(2) State.--The term ``State'' means each of the several
States, the District of Columbia, and each territory or possession
of the United States.
(3) Working group.--The term ``Working Group'' means the
working group established under subsection (b).
(b) Establishment.--Not later than 120 days after the date of
enactment of this Act, the Secretary shall establish a working group to
conduct a study on access to covered resources for infrastructure
projects.
(c) Membership.--
(1) Appointment.--The Secretary shall appoint to the Working
Group individuals with knowledge and expertise in the production
and transportation of covered resources.
(2) Representation.--The Working Group shall include not less
than 1 representative of each of the following:
(A) State departments of transportation.
(B) State agencies associated with covered resources
protection.
(C) State planning and geologic survey and mapping
agencies.
(D) Commercial motor vehicle operators, including small
business operators and operators who transport covered
resources.
(E) Covered resources producers.
(F) Construction contractors.
(G) Labor organizations.
(H) Metropolitan planning organizations and regional
planning organizations.
(I) Indian Tribes, including Tribal elected leadership or
Tribal transportation officials.
(J) Any other stakeholders that the Secretary determines
appropriate.
(3) Termination.--The Working Group shall terminate 180 days
after the date on which the Secretary receives the report under
subsection (f)(1).
(d) Duties.--In carrying out the study required under subsection
(b), the Working Group shall analyze--
(1) the use of covered resources in transportation projects
funded with Federal dollars;
(2) how the proximity of covered resources to such projects
affects the cost and environmental impact of those projects;
(3) whether and how State, Tribal, and local transportation and
planning agencies consider covered resources when developing
transportation projects; and
(4) any challenges for transportation project sponsors
regarding access and proximity to covered resources.
(e) Consultation.--In carrying out the study required under
subsection (b), the Working Group shall consult with, as appropriate--
(1) chief executive officers of States;
(2) State, Tribal, and local transportation and planning
agencies;
(3) other relevant State, Tribal, and local agencies, including
State agencies associated with covered resources protection;
(4) members of the public with industry experience with respect
to covered resources;
(5) other Federal entities that provide funding for
transportation projects; and
(6) any other stakeholder the Working Group determines
appropriate.
(f) Reports.--
(1) Working group report.--Not later than 2 years after the
date on which the Working Group is established, the Working Group
shall submit to the Secretary a report that includes--
(A) the findings of the study required under subsection
(b), including a summary of comments received during the
consultation process under subsection (e); and
(B) any recommendations to preserve access to and reduce
the costs and environmental impacts of covered resources for
infrastructure projects.
(2) Departmental report.--Not later than 90 days after the date
on which the Secretary receives the report under paragraph (1), the
Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate a summary of the
findings under the report and any recommendations, as appropriate.
SEC. 11527. BLOOD TRANSPORT VEHICLES.
Section 166(b) of title 23, United States Code, is amended by
adding at the end the following:
``(6) Blood transport vehicles.--The public authority may allow
blood transport vehicles that are transporting blood between a
collection point and a hospital or storage center to use the HOV
facility if the public authority establishes requirements for
clearly identifying such vehicles.''.
SEC. 11528. POLLINATOR-FRIENDLY PRACTICES ON ROADSIDES AND HIGHWAY
RIGHTS-OF-WAY.
(a) In General.--Chapter 3 of title 23, United States Code (as
amended by section 11309(a)), is amended by adding at the end the
following:
``Sec. 332. Pollinator-friendly practices on roadsides and highway
rights-of-way
``(a) In General.--The Secretary shall establish a program to
provide grants to eligible entities to carry out activities to benefit
pollinators on roadsides and highway rights-of-way, including the
planting and seeding of native, locally-appropriate grasses and
wildflowers, including milkweed.
``(b) Eligible Entities.--An entity eligible to receive a grant
under this section is--
``(1) a State department of transportation;
``(2) an Indian tribe; or
``(3) a Federal land management agency.
``(c) Application.--To be eligible to receive a grant under this
section, an eligible entity shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require, including a pollinator-
friendly practices plan described in subsection (d).
``(d) Pollinator-friendly Practices Plan.--
``(1) In general.--An eligible entity shall include in the
application under subsection (c) a plan that describes the
pollinator-friendly practices that the eligible entity has
implemented or plans to implement, including--
``(A) practices relating to mowing strategies that promote
early successional vegetation and limit disturbance during
periods of highest use by target pollinator species on
roadsides and highway rights-of-way, such as--
``(i) reducing the mowing swath outside of the State-
designated safety zone;
``(ii) increasing the mowing height;
``(iii) reducing the mowing frequency;
``(iv) refraining from mowing monarch and other
pollinator habitat during periods in which monarchs or
other pollinators are present;
``(v) use of a flushing bar and cutting at reduced
speeds to reduce pollinator deaths due to mowing; or
``(vi) reducing raking along roadsides and highway
rights-of-way;
``(B) implementation of an integrated vegetation management
plan that includes approaches such as mechanical tree and brush
removal, targeted and judicious use of herbicides, and mowing,
to address weed issues on roadsides and highway rights-of-way;
``(C) planting or seeding of native, locally-appropriate
grasses and wildflowers, including milkweed, on roadsides and
highway rights-of-way to enhance pollinator habitat, including
larval host plants;
``(D) removing nonnative grasses from planting and seeding
mixes, except for use as nurse or cover crops;
``(E) obtaining expert training or assistance on
pollinator-friendly practices, including--
``(i) native plant identification;
``(ii) establishment and management of locally-
appropriate native plants that benefit pollinators;
``(iii) land management practices that benefit
pollinators; and
``(iv) pollinator-focused integrated vegetation
management; or
``(F) any other pollinator-friendly practices the Secretary
determines to be appropriate.
``(2) Coordination.--In developing a plan under paragraph (1),
an eligible entity that is a State department of transportation or
a Federal land management agency shall coordinate with applicable
State agencies, including State agencies with jurisdiction over
agriculture and fish and wildlife.
``(3) Consultation.--In developing a plan under paragraph (1)--
``(A) an eligible entity that is a State department of
transportation or a Federal land management agency shall
consult with affected or interested Indian tribes; and
``(B) any eligible entity may consult with nonprofit
organizations, institutions of higher education, metropolitan
planning organizations, and any other relevant entities.
``(e) Award of Grants.--
``(1) In general.--The Secretary shall provide a grant to each
eligible entity that submits an application under subsection (c),
including a plan under subsection (d), that the Secretary
determines to be satisfactory.
``(2) Amount of grants.--The amount of a grant under this
section--
``(A) shall be based on the number of pollinator-friendly
practices the eligible entity has implemented or plans to
implement; and
``(B) shall not exceed $150,000.
``(f) Use of Funds.--An eligible entity that receives a grant under
this section shall use the funds for the implementation, improvement,
or further development of the plan under subsection (d).
``(g) Federal Share.--The Federal share of the cost of an activity
carried out with a grant under this section shall be 100 percent.
``(h) Best Practices.--The Secretary shall develop and make
available to eligible entities best practices for, and a priority
ranking of, pollinator-friendly practices on roadsides and highway
rights-of-way.
``(i) Technical Assistance.--On request of an eligible entity that
receives a grant under this section, the Secretary shall provide
technical assistance with the implementation, improvement, or further
development of a plan under subsection (d).
``(j) Administrative Costs.--For each fiscal year, the Secretary
may use not more than 2 percent of the amounts made available to carry
out this section for the administrative costs of carrying out this
section.
``(k) Report.--Not later than 1 year after the date on which the
first grant is provided under this section, the Secretary shall submit
to the Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report on the implementation of the program under
this section.
``(l) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated to
carry out this section $2,000,000 for each of fiscal years 2022
through 2026.
``(2) Availability.--Amounts made available under this section
shall remain available for a period of 3 years after the last day
of the fiscal year for which the funds are authorized.''.
(b) Clerical Amendment.--The analysis for chapter 3 of title 23,
United States Code (as amended by section 11309(b)), is amended by
adding at the end the following:
``332. Pollinator-friendly practices on roadsides and highway rights-of-
way.''.
SEC. 11529. ACTIVE TRANSPORTATION INFRASTRUCTURE INVESTMENT PROGRAM.
(a) In General.--Subject to the availability of appropriations, the
Secretary shall carry out an active transportation infrastructure
investment program to make grants, on a competitive basis, to eligible
organizations to construct eligible projects to provide safe and
connected active transportation facilities in an active transportation
network or active transportation spine.
(b) Application.--
(1) In general.--To be eligible to receive a grant under this
section, an eligible organization shall submit to the Secretary an
application in such manner and containing such information as the
Secretary may require.
(2) Eligible projects partially on federal land.--With respect
to an application for an eligible project that is located in part
on Federal land, an eligible organization shall enter into a
cooperative agreement with the appropriate Federal agency with
jurisdiction over such land to submit an application described in
paragraph (1).
(c) Application Considerations.--In making a grant for construction
of an active transportation network or active transportation spine
under this section, the Secretary shall consider the following:
(1) Whether the eligible organization submitted a plan for an
eligible project for the development of walking and bicycling
infrastructure that is likely to provide substantial additional
opportunities for walking and bicycling, including effective
plans--
(A) to create an active transportation network connecting
destinations within or between communities, including schools,
workplaces, residences, businesses, recreation areas, and other
community areas, or create an active transportation spine
connecting two or more communities, metropolitan regions, or
States; and
(B) to integrate active transportation facilities with
transit services, where available, to improve access to public
transportation.
(2) Whether the eligible organization demonstrates broad
community support through--
(A) the use of public input in the development of
transportation plans; and
(B) the commitment of community leaders to the success and
timely implementation of an eligible project.
(3) Whether the eligible organization provides evidence of
commitment to traffic safety, regulations, financial incentives, or
community design policies that facilitate significant increases in
walking and bicycling.
(4) The extent to which the eligible organization demonstrates
commitment of State, local, or eligible Federal matching funds, and
land or in-kind contributions, in addition to the local match
required under subsection (f)(1), unless the applicant qualifies
for an exception under subsection (f)(2).
(5) The extent to which the eligible organization demonstrates
that the grant will address existing disparities in bicyclist and
pedestrian fatality rates based on race or income level or provide
access to jobs and services for low-income communities and
disadvantaged communities.
(6) Whether the eligible organization demonstrates how
investment in active transportation will advance safety for
pedestrians and cyclists, accessibility to jobs and key
destinations, economic competitiveness, environmental protection,
and quality of life.
(d) Use of Funds.--
(1) In general.--Of the amounts made available to carry out
this section and subject to paragraphs (2) and (3), the Secretary
shall obligate--
(A) not less than 30 percent to eligible projects that
construct active transportation networks that connect people
with public transportation, businesses, workplaces, schools,
residences, recreation areas, and other community activity
centers; and
(B) not less than 30 percent to eligible projects that
construct active transportation spines.
(2) Planning and design grants.--Each fiscal year, the
Secretary shall set aside not less than $3,000,000 of the funds
made available to carry out this section to provide planning grants
for eligible organizations to develop plans for active
transportation networks and active transportation spines.
(3) Administrative costs.--Each fiscal year, the Secretary
shall set aside not more than $2,000,000 of the funds made
available to carry out this section to cover the costs of
administration, research, technical assistance, communications, and
training activities under the program.
(4) Limitation on statutory construction.--Nothing in this
subsection prohibits an eligible organization from receiving
research or other funds under title 23 or 49, United States Code.
(e) Grant Timing.--
(1) Request for application.--Not later than 30 days after
funds are made available to carry out this section for a fiscal
year, the Secretary shall publish in the Federal Register a request
for applications for grants under this section for that fiscal
year.
(2) Selection of grant recipients.--Not later than 150 days
after funds are made available to carry out this section for a
fiscal year, the Secretary shall select grant recipients of grants
under this section for that fiscal year.
(f) Federal Share.--
(1) In general.--Except as provided in paragraph (2), the
Federal share of the cost of an eligible project carried out using
a grant under this section shall not exceed 80 percent of the total
project cost.
(2) Exception for disadvantaged communities.--For eligible
projects serving communities with a poverty rate of over 40 percent
based on the majority of census tracts served by the eligible
project, the Secretary may increase the Federal share of the cost
of the eligible project up to 100 percent of the total project
cost.
(g) Assistance to Indian Tribes.--In carrying out this section, the
Secretary may enter into grant agreements, self-determination
contracts, and self-governance compacts under the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5301 et seq.)
with Indian tribes that are eligible organizations, and such
agreements, contracts, and compacts shall be administered in accordance
with that Act.
(h) Reports.--
(1) Interim report.--Not later than September 30, 2024, the
Secretary shall submit to Congress a report containing the
information described in paragraph (3).
(2) Final report.--Not later than September 30, 2026, the
Secretary shall submit to Congress a report containing the
information described in paragraph (3).
(3) Report information.--A report submitted under this
subsection shall contain the following, with respect to the period
covered by the applicable report:
(A) A list of grants made under this section.
(B) Best practices of eligible organizations that receive
grants under this section in implementing eligible projects.
(C) Impediments experienced by eligible organizations that
receive grants under this section in developing and shifting to
active transportation.
(i) Rule Required.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall issue a final rule that
encourages the use of the programmatic categorical exclusion, expedited
procurement techniques, and other best practices to facilitate
productive and timely expenditures for eligible projects that are
small, low-impact, and constructed within an existing built
environment.
(j) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to the
Secretary to carry out this section $200,000,000 for each of fiscal
years 2022 through 2026.
(2) Availability.--The amounts made available to carry out this
section shall remain available until expended.
(k) Treatment of Projects.--Notwithstanding any other provision of
law, a project assisted under this section shall be treated as a
project on a Federal-aid highway under chapter 1 of title 23, United
States Code.
(l) Definitions.--In this section:
(1) Active transportation.--The term ``active transportation''
means mobility options powered primarily by human energy, including
bicycling and walking.
(2) Active transportation network.--The term ``active
transportation network'' means facilities built for active
transportation, including sidewalks, bikeways, and pedestrian and
bicycle trails, that connect between destinations within a
community or metropolitan region.
(3) Active transportation spine.--The term ``active
transportation spine'' means facilities built for active
transportation, including sidewalks, bikeways, and pedestrian and
bicycle trails that connect between communities, metropolitan
regions, or States.
(4) Community.--The term ``community'' means a geographic area
that is socioeconomically interdependent and may include rural,
suburban, and urban jurisdictions.
(5) Eligible organization.--The term ``eligible organization''
means--
(A) a local or regional governmental organization,
including a metropolitan planning organization or regional
planning organization or council;
(B) a multicounty special district;
(C) a State;
(D) a multistate group of governments; or
(E) an Indian tribe.
(6) Eligible project.--The term ``eligible project'' means an
active transportation project or group of projects--
(A) within or between a community or group of communities,
at least one of which falls within the jurisdiction of an
eligible organization, which has submitted an application under
this section; and
(B) that has--
(i) a total cost of not less than $15,000,000; or
(ii) with respect to planning and design grants,
planning and design costs of not less than $100,000.
(7) Indian tribe.--The term ``Indian tribe'' has the meaning
given the term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
(8) Total project cost.--The term ``total project cost'' means
the sum total of all costs incurred in the development of an
eligible project that are approved by the Secretary as reasonable
and necessary, including--
(A) the cost of acquiring real property;
(B) the cost of site preparation, demolition, and
development;
(C) expenses related to the issuance of bonds or notes;
(D) fees in connection with the planning, execution, and
financing of the eligible project;
(E) the cost of studies, surveys, plans, permits,
insurance, interest, financing, tax, and assessments;
(F) the cost of construction, rehabilitation,
reconstruction, and equipping the eligible project;
(G) the cost of land improvements;
(H) contractor fees;
(I) the cost of training and education related to the
safety of users of any bicycle or pedestrian network or spine
constructed as part of an eligible project; and
(J) any other cost that the Secretary determines is
necessary and reasonable.
SEC. 11530. HIGHWAY COST ALLOCATION STUDY.
(a) In General.--Not later than 4 years after the date of enactment
of this Act, the Secretary, in coordination with State departments of
transportation, shall carry out a highway cost allocation study to
determine the direct costs of highway use by various types of users.
(b) Inclusions.--The study under subsection (a) shall include an
examination of--
(1) the Federal costs occasioned in the design, construction,
rehabilitation, and maintenance of Federal-aid highways by--
(A) the use of vehicles of different dimensions, weights,
number of axles, and other specifications; and
(B) the frequency of those vehicles in the traffic stream;
(2) the safety-, emissions-, congestion-, and noise-related
costs of highway use by various types of users, and other costs as
determined by the Secretary; and
(3) the proportionate share of the costs described in paragraph
(1) that are attributable to each class of highway users.
(c) Requirements.--In carrying out the study under subsection (a),
the Secretary shall--
(1) ensure that the study examines only direct costs of highway
use;
(2) capture the various driving conditions in different
geographic areas of the United States;
(3) to the maximum extent practicable, distinguish between
costs directly occasioned by a highway user class and costs
occasioned by all highway user classes; and
(4) compare the costs occasioned by various highway user
classes with the user fee revenue contributed to the Highway Trust
Fund by those highway user classes.
(d) Reports.--
(1) Interim reports.--Not less frequently than annually during
the period during which the Secretary is carrying out the study
under subsection (a), the Secretary shall submit to Congress an
interim report on the progress of the study.
(2) Final report.--On completion of the study under subsection
(a), the Secretary shall submit to Congress a final report on the
results of the study, including the recommendations under
subsection (e).
(e) Recommendations.--On completion of the study under subsection
(a), the Secretary, in coordination with the Secretary of the Treasury,
shall develop recommendations for a set of revenue options to fully
cover the costs occasioned by highway users, including recommendations
for--
(1) changes to existing revenue streams; and
(2) new revenue streams based on user fees.
TITLE II--TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION
SEC. 12001. TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION ACT OF
1998 AMENDMENTS.
(a) Definitions.--Section 601(a) of title 23, United States Code,
is amended--
(1) in subparagraph (E) of paragraph (10), by striking ``3
years'' and inserting ``5 years''; and
(2) in paragraph (12)--
(A) by striking subparagraph (E) and inserting the
following:
``(E) a project to improve or construct public
infrastructure--
``(i) that--
``(I) is located within walking distance of, and
accessible to, a fixed guideway transit facility,
passenger rail station, intercity bus station, or
intermodal facility, including a transportation, public
utility, or capital project described in section
5302(3)(G)(v) of title 49, and related infrastructure;
or
``(II) is a project for economic development,
including commercial and residential development, and
related infrastructure and activities--
``(aa) that incorporates private investment;
``(bb) that is physically or functionally
related to a passenger rail station or multimodal
station that includes rail service;
``(cc) for which the project sponsor has a high
probability of commencing the contracting process
for construction by not later than 90 days after
the date on which credit assistance under the TIFIA
program is provided for the project; and
``(dd) that has a high probability of reducing
the need for financial assistance under any other
Federal program for the relevant passenger rail
station or service by increasing ridership, tenant
lease payments, or other activities that generate
revenue exceeding costs; and
``(ii) for which, by not later than September 30, 2026,
the Secretary has--
``(I) received a letter of interest; and
``(II) determined that the project is eligible for
assistance;'';
(B) in subparagraph (F), by striking the period at the end
and inserting a semicolon; and
(C) by adding at the end the following:
``(G) an eligible airport-related project (as defined in
section 40117(a) of title 49) for which, not later than
September 30, 2025, the Secretary has--
``(i) received a letter of interest; and
``(ii) determined that the project is eligible for
assistance; and
``(H) a project for the acquisition of plant and wildlife
habitat pursuant to a conservation plan that--
``(i) has been approved by the Secretary of the
Interior pursuant to section 10 of the Endangered Species
Act of 1973 (16 U.S.C. 1539); and
``(ii) in the judgment of the Secretary, would mitigate
the environmental impacts of transportation infrastructure
projects otherwise eligible for assistance under this
title.''.
(b) Eligibility.--Section 602(a)(2) of title 23, United States
Code, is amended--
(1) in subparagraph (A)(iv)--
(A) by striking ``a rating'' and inserting ``an investment-
grade rating''; and
(B) by striking ``$75,000,000'' and inserting
``$150,000,000''; and
(2) in subparagraph (B)--
(A) by striking ``the senior debt'' and inserting ``senior
debt''; and
(B) by striking ``credit instrument is for an amount less
than $75,000,000'' and inserting ``total amount of other senior
debt and the Federal credit instrument is less than
$150,000,000''.
(c) Federal Requirements.--Section 602(c)(1) of title 23, United
States Code, is amended in the matter preceding subparagraph (A) by
striking ``and the requirements of section 5333(a) of title 49 for rail
projects,'' and inserting ``the requirements of section 5333(a) of
title 49 for rail projects, and the requirements of sections 47112(b)
and 50101 of title 49 for airport-related projects,''.
(d) Processing Timelines.--Section 602(d) of title 23, United
States Code, is amended--
(1) by redesignating paragraphs (1) and (2) as paragraphs (2)
and (3), respectively;
(2) in paragraph (3) (as so redesignated), by striking
``paragraph (1)'' and inserting ``paragraph (2)''; and
(3) by inserting before paragraph (2) (as so redesignated) the
following:
``(1) Processing timelines.--Except in the case of an
application described in subsection (a)(8) and to the maximum
extent practicable, the Secretary shall provide an applicant with a
specific estimate of the timeline for the approval or disapproval
of the application of the applicant, which, to the maximum extent
practicable, the Secretary shall endeavor to complete by not later
than 150 days after the date on which the applicant submits a
letter of interest to the Secretary.''.
(e) Maturity Date of Certain Secured Loans.--Section 603(b)(5) of
title 23, United States Code, is amended--
(1) in subparagraph (A), in the matter preceding clause (i), by
striking ``subparagraph (B)'' and inserting ``subparagraphs (B) and
(C)''; and
(2) by adding at the end the following:
``(C) Long lived assets.--In the case of a capital asset
with an estimated life of more than 50 years, the final
maturity date of the secured loan shall be the lesser of--
``(i) 75 years after the date of substantial completion
of the project; or
``(ii) 75 percent of the estimated useful life of the
capital asset.''.
(f) Secured Loans.--Section 603(c)(4)(A) of title 23, United States
Code, is amended--
(1) by striking ``Any excess'' and inserting the following:
``(i) In general.--Except as provided in clause (ii),
any excess''; and
(2) by adding at the end the following:
``(ii) Certain applicants.--In the case of a secured
loan or other secured Federal credit instrument provided
after the date of enactment of the Surface Transportation
Reauthorization Act of 2021, if the obligor is a
governmental entity, agency, or instrumentality, the
obligor shall not be required to prepay the secured loan or
other secured Federal credit instrument with any excess
revenues described in clause (i) if the obligor enters into
an agreement to use those excess revenues only for purposes
authorized under this title or title 49.''.
(g) Technical Amendment.--Section 602(e) of title 23, United States
Code, is amended by striking ``section 601(a)(1)(A)'' and inserting
``section 601(a)(2)(A)''.
(h) Streamlined Application Process.--Section 603(f) of title 23,
United States Code, is amended by adding at the end the following:
``(3) Additional terms for expedited decisions.--
``(A) In general.--Not later than 120 days after the date
of enactment of this paragraph, the Secretary shall implement
an expedited decision timeline for public agency borrowers
seeking secured loans that meet--
``(i) the terms under paragraph (2); and
``(ii) the additional criteria described in
subparagraph (B).
``(B) Additional criteria.--The additional criteria
referred to in subparagraph (A)(ii) are the following:
``(i) The secured loan is made on terms and conditions
that substantially conform to the conventional terms and
conditions established by the National Surface
Transportation Innovative Finance Bureau.
``(ii) The secured loan is rated in the A category or
higher.
``(iii) The TIFIA program share of eligible project
costs is 33 percent or less.
``(iv) The applicant demonstrates a reasonable
expectation that the contracting process for the project
can commence by not later than 90 days after the date on
which a Federal credit instrument is obligated for the
project under the TIFIA program.
``(v) The project has received a categorical exclusion,
a finding of no significant impact, or a record of decision
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
``(C) Written notice.--The Secretary shall provide to an
applicant seeking a secured loan under the expedited decision
process under this paragraph a written notice informing the
applicant whether the Secretary has approved or disapproved the
application by not later than 180 days after the date on which
the Secretary submits to the applicant a letter indicating that
the National Surface Transportation Innovative Finance Bureau
has commenced the creditworthiness review of the project.''.
(i) Funding.--
(1) In general.--Section 608(a) of title 23, United States
Code, is amended--
(A) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), respectively;
(B) by inserting after paragraph (3) the following:
``(4) Limitation for certain projects.--
``(A) Transit-oriented development projects.--For each
fiscal year, the Secretary may use to carry out projects
described in section 601(a)(12)(E) not more than 15 percent of
the amounts made available to carry out the TIFIA program for
that fiscal year.
``(B) Airport-related projects.--The Secretary may use to
carry out projects described in section 601(a)(12)(G)--
``(i) for each fiscal year, not more than 15 percent of
the amounts made available to carry out the TIFIA program
under the Surface Transportation Reauthorization Act of
2021 for that fiscal year; and
``(ii) for the period of fiscal years 2022 through
2026, not more than 15 percent of the unobligated carryover
balances (as of October 1, 2021).''; and
(C) by striking paragraph (6) (as so redesignated) and
inserting the following:
``(6) Administrative costs.--Of the amounts made available to
carry out the TIFIA program, the Secretary may use not more than
$10,000,000 for each of fiscal years 2022 through 2026 for the
administration of the TIFIA program.''.
(2) Conforming amendment.--Section 605(f)(1) of title 23,
United States Code, is amended by striking ``section 608(a)(5)''
and inserting ``section 608(a)(6)''.
(j) Status Reports.--Section 609 of title 23, United States Code,
is amended by adding at the end the following:
``(c) Status Reports.--
``(1) In general.--The Secretary shall publish on the website
for the TIFIA program--
``(A) on a monthly basis, a current status report on all
submitted letters of interest and applications received for
assistance under the TIFIA program; and
``(B) on a quarterly basis, a current status report on all
approved applications for assistance under the TIFIA program.
``(2) Inclusions.--Each monthly and quarterly status report
under paragraph (1) shall include, at a minimum, with respect to
each project included in the status report--
``(A) the name of the party submitting the letter of
interest or application;
``(B) the name of the project;
``(C) the date on which the letter of interest or
application was received;
``(D) the estimated project eligible costs;
``(E) the type of credit assistance sought; and
``(F) the anticipated fiscal year and quarter for closing
of the credit assistance.''.
(k) State Infrastructure Bank Program.--Section 610 of title 23,
United States Code, is amended--
(1) in subsection (d)--
(A) in paragraph (1)(A), by striking ``fiscal years 2016
through 2020'' and inserting ``fiscal years 2022 through
2026'';
(B) in paragraph (2), by striking ``fiscal years 2016
through 2020'' and inserting ``fiscal years 2022 through
2026''; and
(C) in paragraph (3), by striking ``fiscal years 2016
through 2020'' and inserting ``fiscal years 2022 through
2026''; and
(2) in subsection (k), by striking ``fiscal years 2016 through
2020'' and inserting ``fiscal years 2022 through 2026''.
(l) Report.--Not later than September 30, 2025, the Secretary shall
submit to the Committee on Environment and Public Works of the Senate
and the Committee on Transportation and Infrastructure of the House of
Representatives a report on the impact of the amendment relating to
airport-related projects under subsection (a)(2)(C) and subsection
(i)(1)(B), including--
(1) information on the use of TIFIA program (as defined in
section 601(a) of title 23, United States Code) funds for eligible
airport-related projects (as defined in section 40117(a) of title
49, United States Code); and
(2) recommendations for modifications to the TIFIA program.
SEC. 12002. FEDERAL REQUIREMENTS FOR TIFIA ELIGIBILITY AND PROJECT
SELECTION.
(a) In General.--Section 602(c) of title 23, United States Code, is
amended by adding at the end the following:
``(3) Payment and performance security.--
``(A) In general.--The Secretary shall ensure that the
design and construction of a project carried out with
assistance under the TIFIA program shall have appropriate
payment and performance security, regardless of whether the
obligor is a State, local government, agency or instrumentality
of a State or local government, public authority, or private
party.
``(B) Written determination.--If payment and performance
security is required to be furnished by applicable State or
local statute or regulation, the Secretary may accept such
payment and performance security requirements applicable to the
obligor if the Federal interest with respect to Federal funds
and other project risk related to design and construction is
adequately protected.
``(C) No determination or applicable requirements.--If
there are no payment and performance security requirements
applicable to the obligor, the security under section 3131(b)
of title 40 or an equivalent State or local requirement, as
determined by the Secretary, shall be required.''.
(b) Applicability.--The amendments made by this section shall apply
with respect to any agreement for credit assistance entered into on or
after the date of enactment of this Act.
TITLE III--RESEARCH, TECHNOLOGY, AND EDUCATION
SEC. 13001. STRATEGIC INNOVATION FOR REVENUE COLLECTION.
(a) In General.--The Secretary shall establish a program to test
the feasibility of a road usage fee and other user-based alternative
revenue mechanisms (referred to in this section as ``user-based
alternative revenue mechanisms'') to help maintain the long-term
solvency of the Highway Trust Fund, through pilot projects at the
State, local, and regional level.
(b) Grants.--
(1) In general.--The Secretary shall provide grants to eligible
entities to carry out pilot projects under this section.
(2) Applications.--To be eligible for a grant under this
section, an eligible entity shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
(3) Objectives.--The Secretary shall ensure that, in the
aggregate, the pilot projects carried out using funds provided
under this section meet the following objectives:
(A) To test the design, acceptance, equity, and
implementation of user-based alternative revenue mechanisms,
including among--
(i) differing income groups; and
(ii) rural and urban drivers, as applicable.
(B) To provide recommendations regarding adoption and
implementation of user-based alternative revenue mechanisms.
(C) To quantify and minimize the administrative costs of
any potential user-based alternative revenue mechanisms.
(D) To test a variety of solutions, including the use of
independent and private third-party vendors, for the collection
of data and fees from user-based alternative revenue
mechanisms, including the reliability and security of those
solutions and vendors.
(E) To test solutions to ensure the privacy and security of
data collected for the purpose of implementing a user-based
alternative revenue mechanism.
(F) To conduct public education and outreach to increase
public awareness regarding the need for user-based alternative
revenue mechanisms for surface transportation programs.
(G) To evaluate the ease of compliance and enforcement of a
variety of implementation approaches for different users of the
surface transportation system.
(H) To ensure, to the greatest extent practicable, the use
of innovation.
(I) To consider, to the greatest extent practicable, the
potential for revenue collection along a network of alternative
fueling stations.
(J) To evaluate the impacts of the imposition of a user-
based alternative revenue mechanism on--
(i) transportation revenues;
(ii) personal mobility, driving patterns, congestion,
and transportation costs; and
(iii) freight movement and costs.
(K) To evaluate options for the integration of a user-based
alternative revenue mechanism with--
(i) nationwide transportation revenue collections and
regulations;
(ii) toll revenue collection platforms;
(iii) transportation network company fees; and
(iv) any other relevant transportation revenue
mechanisms.
(4) Eligible entity.--An entity eligible to apply for a grant
under this section is--
(A) a State or a group of States;
(B) a local government or a group of local governments; or
(C) a metropolitan planning organization (as defined in
section 134(b) of title 23, United States Code) or a group of
metropolitan planning organizations.
(5) Use of funds.--An eligible entity that receives a grant
under this section shall use the grant to carry out a pilot project
to address 1 or more of the objectives described in paragraph (3).
(6) Consideration.--The Secretary shall consider geographic
diversity in awarding grants under this subsection.
(7) Federal share.--The Federal share of the cost of a pilot
project carried out under this section may not exceed--
(A) 80 percent of the total cost of a project carried out
by an eligible entity that has not otherwise received a grant
under this section; and
(B) 70 percent of the total cost of a project carried out
by an eligible entity that has received at least 1 grant under
this section.
(c) Limitation on Revenue Collected.--Any revenue collected through
a user-based alternative revenue mechanism established using funds
provided under this section shall not be considered a toll under
section 301 of title 23, United States Code.
(d) Recommendations and Report.--Not later than 3 years after the
date of enactment of this Act, the Secretary, in coordination with the
Secretary of the Treasury and the Federal System Funding Alternative
Advisory Board established under section 13002(g)(1), shall submit to
the Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report that--
(1) summarizes the results of the pilot projects under this
section and the national pilot program under section 13002; and
(2) provides recommendations, if applicable, to enable
potential implementation of a nationwide user-based alternative
revenue mechanism.
(e) Funding.--
(1) In general.--Of the funds made available to carry out
section 503(b) of title 23, United States Code, for each of fiscal
years 2022 through 2026 $15,000,000 shall be used for pilot
projects under this section.
(2) Flexibility.--If, by August 1 of each fiscal year, the
Secretary determines that there are not enough grant applications
to meet the requirements of this section for that fiscal year, the
Secretary shall transfer to the national pilot program under
section 13002 or to the highway research and development program
under section 503(b) of title 23, United States Code--
(A) any funds reserved for a fiscal year under paragraph
(1) that the Secretary has not yet awarded under this section;
and
(B) an amount of obligation limitation equal to the amount
of funds that the Secretary transfers under subparagraph (A).
(f) Repeal.--
(1) In general.--Section 6020 of the FAST Act (23 U.S.C. 503
note; Public Law 114-94) is repealed.
(2) Clerical amendment.--The table of contents in section 1(b)
of the FAST Act (Public Law 114-94; 129 Stat. 1312) is amended by
striking the item relating to section 6020.
SEC. 13002. NATIONAL MOTOR VEHICLE PER-MILE USER FEE PILOT.
(a) Definitions.--In this section:
(1) Advisory board.--The term ``advisory board'' means the
Federal System Funding Alternative Advisory Board established under
subsection (g)(1).
(2) Commercial vehicle.--The term ``commercial vehicle'' has
the meaning given the term commercial motor vehicle in section
31101 of title 49, United States Code.
(3) Highway trust fund.--The term ``Highway Trust Fund'' means
the Highway Trust Fund established under section 9503 of the
Internal Revenue Code of 1986.
(4) Light truck.--The term ``light truck'' has the meaning
given the term in section 523.2 of title 49, Code of Federal
Regulations (or successor regulations).
(5) Medium- and heavy-duty truck.--The term ``medium- and
heavy-duty truck'' has the meaning given the term ``commercial
medium- and heavy-duty on-highway vehicle'' in section 32901(a) of
title 49, United States Code.
(6) Passenger motor vehicle.--The term ``passenger motor
vehicle'' has the meaning given the term in section 32101 of title
49, United States Code.
(7) Per-mile user fee.--The term ``per-mile user fee'' means a
revenue mechanism that--
(A) is applied to road users operating motor vehicles on
the surface transportation system; and
(B) is based on the number of vehicle miles traveled by an
individual road user.
(8) Pilot program.--The term ``pilot program'' means the pilot
program established under subsection (b)(1).
(9) Volunteer participant.--The term ``volunteer participant''
means--
(A) an owner or lessee of a private, personal motor vehicle
who volunteers to participate in the pilot program;
(B) a commercial vehicle operator who volunteers to
participate in the pilot program; or
(C) an owner of a motor vehicle fleet who volunteers to
participate in the pilot program.
(b) Establishment.--
(1) In general.--The Secretary, in coordination with the
Secretary of the Treasury, and consistent with the recommendations
of the advisory board, shall establish a pilot program to
demonstrate a national motor vehicle per-mile user fee--
(A) to restore and maintain the long-term solvency of the
Highway Trust Fund; and
(B) to improve and maintain the surface transportation
system.
(2) Objectives.--The objectives of the pilot program are--
(A) to test the design, acceptance, implementation, and
financial sustainability of a national motor vehicle per-mile
user fee;
(B) to address the need for additional revenue for surface
transportation infrastructure and a national motor vehicle per-
mile user fee; and
(C) to provide recommendations relating to the adoption and
implementation of a national motor vehicle per-mile user fee.
(c) Parameters.--In carrying out the pilot program, the Secretary,
in coordination with the Secretary of the Treasury, shall--
(1) provide different methods that volunteer participants can
choose from to track motor vehicle miles traveled;
(2) solicit volunteer participants from all 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico;
(3) ensure an equitable geographic distribution by population
among volunteer participants;
(4) include commercial vehicles and passenger motor vehicles;
and
(5) use components of and, where appropriate, coordinate with--
(A) the States that received a grant under section 6020 of
the FAST Act (23 U.S.C. 503 note; Public Law 114-94) (as in
effect on the day before the date of enactment of this Act);
and
(B) eligible entities that received a grant under section
13001.
(d) Methods.--
(1) Tools.--In selecting the methods described in subsection
(c)(1), the Secretary shall coordinate with entities that
voluntarily provide to the Secretary for use under the pilot
program any of the following vehicle-miles-traveled collection
tools:
(A) Third-party on-board diagnostic (OBD-II) devices.
(B) Smart phone applications.
(C) Telemetric data collected by automakers.
(D) Motor vehicle data obtained by car insurance companies.
(E) Data from the States that received a grant under
section 6020 of the FAST Act (23 U.S.C. 503 note; Public Law
114-94) (as in effect on the day before the date of enactment
of this Act).
(F) Motor vehicle data obtained from fueling stations.
(G) Any other method that the Secretary considers
appropriate.
(2) Coordination.--
(A) Selection.--The Secretary shall determine which
collection tools under paragraph (1) are selected for the pilot
program.
(B) Volunteer participants.--In a manner that the Secretary
considers appropriate, the Secretary shall enable each
volunteer participant to choose 1 of the selected collection
tools under paragraph (1).
(e) Motor Vehicle Per-mile User Fees.--For the purposes of the
pilot program, the Secretary of the Treasury shall establish, on an
annual basis, per-mile user fees for passenger motor vehicles, light
trucks, and medium- and heavy-duty trucks, which amount may vary
between vehicle types and weight classes to reflect estimated impacts
on infrastructure, safety, congestion, the environment, or other
related social impacts.
(f) Volunteer Participants.--The Secretary, in coordination with
the Secretary of the Treasury, shall--
(1)(A) ensure, to the extent practicable, that the greatest
number of volunteer participants participate in the pilot program;
and
(B) ensure that such volunteer participants represent
geographically diverse regions of the United States, including from
urban and rural areas; and
(2) issue policies relating to the protection of volunteer
participants, including policies that--
(A) protect the privacy of volunteer participants; and
(B) secure the data provided by volunteer participants.
(g) Federal System Funding Alternative Advisory Board.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall establish an advisory
board, to be known as the ``Federal System Funding Alternative
Advisory Board'', to assist with--
(A) providing the Secretary with recommendations related to
the structure, scope, and methodology for developing and
implementing the pilot program;
(B) carrying out the public awareness campaign under
subsection (h); and
(C) developing the report under subsection (n).
(2) Membership.--The advisory board shall include, at a
minimum, the following representatives and entities, to be
appointed by the Secretary:
(A) State departments of transportation.
(B) Any public or nonprofit entity that led a surface
transportation system funding alternatives pilot project under
section 6020 of the FAST Act (23 U.S.C. 503 note; Public Law
114-94) (as in effect on the day before the date of enactment
of this Act).
(C) Representatives of the trucking industry, including
owner-operator independent drivers.
(D) Data security experts with expertise in personal
privacy.
(E) Academic experts on surface transportation systems.
(F) Consumer advocates, including privacy experts.
(G) Advocacy groups focused on equity.
(H) Owners of motor vehicle fleets.
(I) Owners and operators of toll facilities.
(J) Tribal groups or representatives.
(K) Any other representatives or entities, as determined
appropriate by the Secretary.
(3) Recommendations.--Not later than 1 year after the date on
which the advisory board is established under paragraph (1), the
advisory board shall provide the Secretary with the recommendations
described in subparagraph (A) of that paragraph, which the
Secretary shall use in implementing the pilot program.
(h) Public Awareness Campaign.--
(1) In general.--The Secretary, with guidance from the advisory
board, may carry out a public awareness campaign to increase public
awareness regarding a national motor vehicle per-mile user fee,
including distributing information--
(A) related to the pilot program;
(B) from the State surface transportation system funding
alternatives pilot program under section 6020 of the FAST Act
(23 U.S.C. 503 note; Public Law 114-94) (as in effect on the
day before the date of enactment of this Act); and
(C) related to consumer privacy.
(2) Considerations.--In carrying out the public awareness
campaign under this subsection, the Secretary shall consider issues
unique to each State.
(i) Revenue Collection.--The Secretary of the Treasury, in
coordination with the Secretary, shall establish a mechanism to collect
motor vehicle per-mile user fees established under subsection (e) from
volunteer participants, which--
(1) may be adjusted as needed to address technical challenges;
and
(2) may allow independent and private third-party vendors to
collect the motor vehicle per-mile user fees and forward such fees
to the Treasury.
(j) Agreement.--The Secretary may enter into an agreement with a
volunteer participant containing such terms and conditions as the
Secretary considers necessary for participation in the pilot program.
(k) Limitation.--Any revenue collected through the mechanism
established under subsection (i) shall not be considered a toll under
section 301 of title 23, United States Code.
(l) Highway Trust Fund.--The Secretary of the Treasury shall ensure
that any revenue collected under subsection (i) is deposited into the
Highway Trust Fund.
(m) Payment.--Not more than 60 days after the end of each calendar
quarter in which a volunteer participant has participated in the pilot
program, the Secretary of the Treasury, in consultation with the
Secretary of Transportation, shall estimate an amount of payment for
each volunteer based on the vehicle miles submitted by the volunteer
for the calendar quarter and issue such payment to such volunteer
participant.
(n) Report to Congress.--Not later than 1 year after the date on
which volunteer participants begin participating in the pilot program,
and each year thereafter for the duration of the pilot program, the
Secretary and the Secretary of the Treasury shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report that includes an analysis of--
(1) whether the objectives described in subsection (b)(2) were
achieved;
(2) how volunteer participant protections in subsection (f)(2)
were complied with;
(3) whether motor vehicle per-mile user fees can maintain the
long-term solvency of the Highway Trust Fund and improve and
maintain the surface transportation system, which shall include
estimates of administrative costs related to collecting such motor
vehicle per mile user fees;
(4) how the privacy of volunteers was maintained; and
(5) equity impacts of the pilot program, including the impacts
of the pilot program on low-income commuters.
(o) Funding.--
(1) In general.--Of the funds made available to carry out
section 503(b) of title 23, United States Code, for each of fiscal
years 2022 through 2026 $10,000,000 shall be used to carry out the
pilot program under this section.
(2) Excess funds.--Any excess funds remaining after carrying
out the pilot program under this section shall be available to make
grants for pilot projects under section 13001.
SEC. 13003. PERFORMANCE MANAGEMENT DATA SUPPORT PROGRAM.
Section 6028(c) of the FAST Act (23 U.S.C. 150 note; Public Law
114-94) is amended by striking ``fiscal years 2016 through 2020'' and
inserting ``fiscal years 2022 through 2026''.
SEC. 13004. DATA INTEGRATION PILOT PROGRAM.
(a) Establishment.--The Secretary shall establish a pilot program--
(1) to provide research and develop models that integrate, in
near-real-time, data from multiple sources, including geolocated--
(A) weather conditions;
(B) roadway conditions;
(C) incidents, work zones, and other nonrecurring events
related to emergency planning; and
(D) information from emergency responders; and
(2) to facilitate data integration between the Department, the
National Weather Service, and other sources of data that provide
real-time data with respect to roadway conditions during or as a
result of severe weather events, including, at a minimum--
(A) winter weather;
(B) heavy rainfall; and
(C) tropical weather events.
(b) Requirements.--In carrying out subsection (a)(1), the Secretary
shall--
(1) address the safety, resiliency, and vulnerability of the
transportation system to disasters; and
(2) develop tools for decisionmakers and other end-users who
could use or benefit from the integrated data described in that
subsection to improve public safety and mobility.
(c) Treatment.--Except as otherwise provided in this section, the
Secretary shall carry out activities under the pilot program under this
section as if--
(1) those activities were authorized under chapter 5 of title
23, United States Code; and
(2) the funds made available to carry out the pilot program
were made available under that chapter.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,500,000 for each of fiscal
years 2022 through 2026, to remain available until expended.
SEC. 13005. EMERGING TECHNOLOGY RESEARCH PILOT PROGRAM.
(a) Establishment.--The Secretary shall establish a pilot program
to conduct emerging technology research in accordance with this
section.
(b) Activities.--The pilot program under this section shall
include--
(1) research and development activities relating to leveraging
advanced and additive manufacturing technologies to increase the
structural integrity and cost-effectiveness of surface
transportation infrastructure; and
(2) research and development activities (including laboratory
and test track supported accelerated pavement testing research
regarding the impacts of connected, autonomous, and platooned
vehicles on pavement and infrastructure performance)--
(A) to reduce the impact of automated and connected driving
systems and advanced driver-assistance systems on pavement and
infrastructure performance; and
(B) to improve transportation infrastructure design in
anticipation of increased usage of automated driving systems
and advanced driver-assistance systems.
(c) Treatment.--Except as otherwise provided in this section, the
Secretary shall carry out activities under the pilot program under this
section as if--
(1) those activities were authorized under chapter 5 of title
23, United States Code; and
(2) the funds made available to carry out the pilot program
were made available under that chapter.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2022 through 2026, to remain available until expended.
SEC. 13006. RESEARCH AND TECHNOLOGY DEVELOPMENT AND DEPLOYMENT.
(a) In General.--Section 503 of title 23, United States Code, is
amended--
(1) in subsection (a)(2), by striking ``section 508'' and
inserting ``section 6503 of title 49'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (C), by striking ``and'' at the
end;
(ii) in subparagraph (D), by striking the period at the
end and inserting a semicolon; and
(iii) by adding at the end the following:
``(E) engage with public and private entities to spur
advancement of emerging transformative innovations through
accelerated market readiness; and
``(F) consult frequently with public and private entities
on new transportation technologies.'';
(B) in paragraph (2)(C)--
(i) by redesignating clauses (x) through (xv) as
clauses (xi) through (xvi), respectively; and
(ii) by inserting after clause (ix) the following:
``(x) safety measures to reduce the number of wildlife-
vehicle collisions;'';
(C) in paragraph (3)--
(i) in subparagraph (B)(viii), by inserting ``,
including weather,'' after ``events''; and
(ii) in subparagraph (C)--
(I) in clause (xv), by inserting ``extreme weather
events and'' after ``withstand'';
(II) in clause (xviii), by striking ``and'' at the
end;
(III) in clause (xix), by striking the period at
the end and inserting ``; and''; and
(IV) by adding at the end the following:
``(xx) studies on the deployment and revenue potential
of the deployment of energy and broadband infrastructure in
highway rights-of-way, including potential adverse impacts
of the use or nonuse of those rights-of-way.'';
(D) in paragraph (6)--
(i) in subparagraph (A), by striking ``and'' at the
end;
(ii) in subparagraph (B), by striking the period at the
end and inserting ``; and''; and
(iii) by adding at the end the following:
``(C) to support research on non-market-ready technologies
in consultation with public and private entities.'';
(E) in paragraph (7)(B)--
(i) in the matter preceding clause (i), by inserting
``innovations by leading'' after ``support'';
(ii) in clause (iii), by striking ``and'' at the end;
(iii) in clause (iv), by striking the period at the end
and inserting ``; and''; and
(iv) by adding at the end the following:
``(v) the evaluation of information from accelerated
market readiness efforts, including non-market-ready
technologies, in consultation with other offices of the
Federal Highway Administration, the National Highway
Traffic Safety Administration, and other key partners.'';
(F) in paragraph (8)(A), by striking ``future highway'' and
all that follows through ``needs.'' and inserting the
following: ``current conditions and future needs of highways,
bridges, and tunnels of the United States, including--
``(i) the conditions and performance of the highway
network for freight movement;
``(ii) intelligent transportation systems;
``(iii) resilience needs; and
``(iv) the backlog of current highway, bridge, and
tunnel needs.''; and
(G) by adding at the end the following:
``(9) Analysis tools.--The Secretary may develop interactive
modeling tools and databases that--
``(A) track the full condition of highway assets, including
interchanges, and the reconstruction history of those assets;
``(B) can be used to assess transportation options;
``(C) allow for the monitoring and modeling of network-
level traffic flows on highways; and
``(D) further Federal and State understanding of the
importance of national and regional connectivity and the need
for long-distance and interregional passenger and freight
travel by highway and other surface transportation modes.'';
and
(3) in subsection (c)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by
inserting ``use of rights-of-way permissible under
applicable law,'' after ``structures,'';
(ii) in subparagraph (D), by striking ``and'' at the
end;
(iii) in subparagraph (E), by striking the period at
the end and inserting ``; and''; and
(iv) by adding at the end the following:
``(F) disseminating and evaluating information from
accelerated market readiness efforts, including non-market-
ready technologies, to public and private entities.'';
(B) in paragraph (2)--
(i) in subparagraph (B)(iii), by striking ``improved
tools and methods to accelerate the adoption'' and
inserting ``and deploy improved tools and methods to
accelerate the adoption of early-stage and proven
innovative practices and technologies and, as the Secretary
determines to be appropriate, support continued
implementation''; and
(ii) by adding at the end the following:
``(D) Report.--Not later than 2 years after the date of
enactment of this subparagraph and every 2 years thereafter,
the Secretary shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives and make
publicly available on an internet website a report that
describes--
``(i) the activities the Secretary has undertaken to
carry out the program established under paragraph (1); and
``(ii) how and to what extent the Secretary has worked
to disseminate non-market-ready technologies to public and
private entities.'';
(C) in paragraph (3)--
(i) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively;
(ii) by inserting after subparagraph (B) the following:
``(C) High-friction surface treatment application study.--
``(i) Definition of institution.--In this subparagraph,
the term `institution' means a private sector entity,
public agency, research university or other research
institution, or organization representing transportation
and technology leaders or other transportation stakeholders
that, as determined by the Secretary, is capable of working
with State highway agencies, the Federal Highway
Administration, and the highway construction industry to
develop and evaluate new products, design technologies, and
construction methods that quickly lead to pavement
improvements.
``(ii) Study.--The Secretary shall seek to enter into
an agreement with an institution to carry out a study on
the use of natural and synthetic calcined bauxite as a
high-friction surface treatment application on pavement.
``(iii) Report.--Not later than 18 months after the
date of enactment of the Surface Transportation
Reauthorization Act of 2021, the Secretary shall submit a
report on the results of the study under clause (ii) to--
``(I) the Committee on Environment and Public Works
of the Senate;
``(II) the Committee on Transportation and
Infrastructure of the House of Representatives;
``(III) the Federal Highway Administration; and
``(IV) the American Association of State Highway
and Transportation Officials.'';
(iii) in subparagraph (D) (as so redesignated), by
striking ``fiscal years 2016 through 2020'' and inserting
``fiscal years 2022 through 2026''; and
(iv) in subparagraph (E) (as so redesignated)--
(I) in clause (i), by striking ``annually'' and
inserting ``once every 3 years''; and
(II) in clause (ii)--
(aa) in subclause (III), by striking ``and'' at
the end;
(bb) in subclause (IV), by striking the period
at the end and inserting a semicolon; and
(cc) by adding at the end the following:
``(V) pavement monitoring and data collection
practices;
``(VI) pavement durability and resilience;
``(VII) stormwater management;
``(VIII) impacts on vehicle efficiency;
``(IX) the energy efficiency of the production of
paving materials and the ability of paving materials to
enhance the environment and promote sustainability; and
``(X) integration of renewable energy in pavement
designs.''; and
(D) by adding at the end the following:
``(5) Accelerated implementation and deployment of advanced
digital construction management systems.--
``(A) In general.--The Secretary shall establish and
implement a program under the technology and innovation
deployment program established under paragraph (1) to promote,
implement, deploy, demonstrate, showcase, support, and document
the application of advanced digital construction management
systems, practices, performance, and benefits.
``(B) Goals.--The goals of the accelerated implementation
and deployment of advanced digital construction management
systems program established under subparagraph (A) shall
include--
``(i) accelerated State adoption of advanced digital
construction management systems applied throughout the
construction lifecycle (including through the design and
engineering, construction, and operations phases) that--
``(I) maximize interoperability with other systems,
products, tools, or applications;
``(II) boost productivity;
``(III) manage complexity;
``(IV) reduce project delays and cost overruns; and
``(V) enhance safety and quality;
``(ii) more timely and productive information-sharing
among stakeholders through reduced reliance on paper to
manage construction processes and deliverables such as
blueprints, design drawings, procurement and supply-chain
orders, equipment logs, daily progress reports, and punch
lists;
``(iii) deployment of digital management systems that
enable and leverage the use of digital technologies on
construction sites by contractors, such as state-of-the-art
automated and connected machinery and optimized routing
software that allows construction workers to perform tasks
faster, safer, more accurately, and with minimal
supervision;
``(iv) the development and deployment of best practices
for use in digital construction management;
``(v) increased technology adoption and deployment by
States and units of local government that enables project
sponsors--
``(I) to integrate the adoption of digital
management systems and technologies in contracts; and
``(II) to weigh the cost of digitization and
technology in setting project budgets;
``(vi) technology training and workforce development to
build the capabilities of project managers and sponsors
that enables States and units of local government--
``(I) to better manage projects using advanced
construction management technologies; and
``(II) to properly measure and reward technology
adoption across projects of the State or unit of local
government;
``(vii) development of guidance to assist States in
updating regulations of the State to allow project sponsors
and contractors--
``(I) to report data relating to the project in
digital formats; and
``(II) to fully capture the efficiencies and
benefits of advanced digital construction management
systems and related technologies;
``(viii) reduction in the environmental footprint of
construction projects using advanced digital construction
management systems resulting from elimination of congestion
through more efficient projects; and
``(ix) enhanced worker and pedestrian safety resulting
from increased transparency.
``(C) Funding.--For each of fiscal years 2022 through 2026,
the Secretary shall obligate from funds made available to carry
out this subsection $20,000,000 to accelerate the deployment
and implementation of advanced digital construction management
systems.
``(D) Publication.--
``(i) In general.--Not less frequently than annually,
the Secretary shall issue and make available to the public
on a website a report on--
``(I) progress made in the implementation of
advanced digital management systems by States; and
``(II) the costs and benefits of the deployment of
new technology and innovations that substantially and
directly resulted from the program established under
this paragraph.
``(ii) Inclusions.--The report under clause (i) may
include an analysis of--
``(I) Federal, State, and local cost savings;
``(II) project delivery time improvements;
``(III) congestion impacts; and
``(IV) safety improvements for roadway users and
construction workers.''.
(b) Advanced Transportation Technologies and Innovative Mobility
Deployment.--Section 503(c)(4) of title 23, United States Code, is
amended--
(1) in the heading, by inserting ``and innovative mobility''
before ``deployment'';
(2) by striking subparagraph (A) and inserting the following:
``(A) In general.--The Secretary shall provide grants to
eligible entities to deploy, install, and operate advanced
transportation technologies to improve safety, mobility,
efficiency, system performance, intermodal connectivity, and
infrastructure return on investment.'';
(3) in subparagraph (B)--
(A) in clause (i), by striking ``the enhanced use'' and
inserting ``optimization'';
(B) in clause (v)--
(i) by striking ``transit,'' and inserting ``work zone,
weather, transit, paratransit,''; and
(ii) by striking ``and accessible transportation'' and
inserting ``, accessible, and integrated transportation and
transportation services'';
(C) by redesignating clauses (i) through (viii) as clauses
(iii), (iv), (v), (vi), (vii), (ix), (x), and (xi),
respectively;
(D) by inserting before clause (iii) (as so redesignated)
the following:
``(i) improve the mobility of people and goods;
``(ii) improve the durability and extend the life of
transportation infrastructure;'';
(E) in clause (iv) (as so redesignated), by striking
``deliver'' and inserting ``protect the environment and
deliver'';
(F) by inserting after clause (vii) (as so redesignated)
the following:
``(viii) facilitate account-based payments for
transportation access and services and integrate payment
systems across modes;'';
(G) in clause (x) (as so redesignated), by striking ``or''
at the end;
(H) in clause (xi) (as so redesignated)--
(i) by inserting ``vehicle-to-pedestrian,'' after
``vehicle-to-infrastructure,''; and
(ii) by striking the period at the end and inserting
``; or''; and
(I) by adding at the end the following:
``(xii) incentivize travelers--
``(I) to share trips during periods in which travel
demand exceeds system capacity; or
``(II) to shift trips to periods in which travel
demand does not exceed system capacity.'';
(4) in subparagraph (C)--
(A) in clause (i), by striking ``Not later'' and all that
follows through ``thereafter'' and inserting ``Each fiscal year
for which funding is made available for activities under this
paragraph''; and
(B) in clause (ii)--
(i) in subclause (I), by inserting ``mobility,'' after
``safety,''; and
(ii) in subclause (II)--
(I) in item (bb), by striking ``and'' at the end;
(II) in item (cc), by striking the period at the
end and inserting ``; and''; and
(III) by adding at the end the following:
``(dd) facilitating payment for transportation
services.'';
(5) in subparagraph (D)--
(A) in clause (i), by striking ``Not later'' and all that
follows through ``thereafter'' and inserting ``Each fiscal year
for which funding is made available for activities under this
paragraph''; and
(B) in clause (ii)--
(i) by striking ``In awarding'' and inserting the
following:
``(I) In general.--Subject to subclause (II), in
awarding''; and
(ii) by adding at the end the following:
``(II) Rural set-aside.--Not less than 20 percent
of the amounts made available to carry out this
paragraph shall be reserved for projects serving rural
areas.'';
(6) in subparagraph (E)--
(A) by redesignating clauses (iii) through (ix) as clauses
(iv), (v), (vi), (vii), (viii), (xi), and (xiv), respectively;
(B) by inserting after clause (ii) the following:
``(iii) advanced transportation technologies to improve
emergency evacuation and response by Federal, State, and
local authorities;'';
(C) by inserting after clause (viii) (as so redesignated)
the following:
``(ix) integrated corridor management systems;
``(x) advanced parking reservation or variable pricing
systems;'';
(D) in clause (xi) (as so redesignated)--
(i) by inserting ``, toll collection,'' after
``pricing''; and
(ii) by striking ``or'' at the end;
(E) by inserting after clause (xi) (as so redesignated) the
following:
``(xii) technology that enhances high occupancy vehicle
toll lanes, cordon pricing, or congestion pricing;
``(xiii) integration of transportation service payment
systems;'';
(F) in clause (xiv) (as so redesignated)--
(i) by striking ``and access'' and inserting ``,
access, and on-demand transportation service'';
(ii) by inserting ``and other shared-use mobility
applications'' after ``ridesharing''; and
(iii) by striking the period at the end and inserting a
semicolon; and
(G) by adding at the end the following:
``(xv) retrofitting dedicated short-range
communications (DSRC) technology deployed as part of an
existing pilot program to cellular vehicle-to-everything
(C-V2X) technology, subject to the condition that the
retrofitted technology operates only within the existing
spectrum allocations for connected vehicle systems; or
``(xvi) advanced transportation technologies, in
accordance with the research areas described in section
6503 of title 49.'';
(7) in subparagraph (F)(ii)(IV), by striking ``efficiency and
multimodal system performance'' and inserting ``mobility,
efficiency, multimodal system performance, and payment system
performance'';
(8) in subparagraph (G)--
(A) by redesignating clauses (vi) through (viii) as clauses
(vii) through (ix), respectively; and
(B) by inserting after clause (v) the following:
``(vi) improved integration of payment systems;'';
(9) in subparagraph (I)(i), by striking ``fiscal years 2016
through 2020'' and inserting ``fiscal years 2022 through 2026'';
(10) in subparagraph (J), by striking ``50'' and inserting
``80''; and
(11) in subparagraph (N)--
(A) in the matter preceding clause (i), by striking ``, the
following definitions apply'';
(B) in clause (i), by striking ``representing a population
of over 200,000''; and
(C) in clause (iii), in the matter preceding subclause (I),
by striking ``a any'' and inserting ``any''.
(c) Center of Excellence on New Mobility and Automated Vehicles.--
Section 503(c) of title 23, United States Code (as amended by
subsection (a)(3)(D)), is amended by adding at the end the following:
``(6) Center of excellence.--
``(A) Definitions.--In this paragraph:
``(i) Highly automated vehicle.--The term `highly
automated vehicle' means a motor vehicle that--
``(I) has a taxable gross weight (as defined in
section 41.4482(b)-1 of title 26, Code of Federal
Regulations (or successor regulations)) of 10,000
pounds or less; and
``(II) is equipped with a Level 3, Level 4, or
Level 5 automated driving system (as defined in the SAE
International Recommended Practice numbered J3016 and
dated June 15, 2018 (or a subsequent standard adopted
by the Secretary)).
``(ii) New mobility.--The term `new mobility' includes
shared services such as--
``(I) docked and dockless bicycles;
``(II) docked and dockless electric scooters; and
``(III) transportation network companies.
``(B) Establishment.--Not later than 1 year after the date
of enactment of the Surface Transportation Reauthorization Act
of 2021, the Secretary shall establish a Center of Excellence
to collect, conduct, and fund research on the impacts of new
mobility and highly automated vehicles on land use, urban
design, transportation, real estate, equity, and municipal
budgets.
``(C) Report.--Not later than 1 year after the date on
which the Center of Excellence is established, the Secretary
shall submit a report that describes the results of the
research regarding the impacts of new mobility and highly
automated vehicles to the Committees on Environment and Public
Works and Commerce, Science, and Transportation of the Senate
and the Committees on Transportation and Infrastructure and
Energy and Commerce of the House of Representatives.
``(D) Partnerships.--In establishing the Center of
Excellence under subparagraph (B), the Secretary shall enter
into appropriate partnerships with any institution of higher
education (as defined in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001)) or public or private research
entity.''.
(d) Accelerated Implementation and Deployment of Advanced Digital
Construction Management Systems.--Not later than 1 year after the date
of enactment of this Act, the Secretary shall submit to the Committee
on Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report that includes--
(1) a description of--
(A) the current status of the use of advanced digital
construction management systems in each State; and
(B) the progress of each State toward accelerating the
adoption of advanced digital construction management systems;
and
(2) an analysis of the savings in project delivery time and
project costs that can be achieved through the use of advanced
digital construction management systems.
(e) Open Challenge and Research Proposal Pilot Program.--
(1) In general.--The Secretary shall establish an open
challenge and research proposal pilot program under which eligible
entities may propose open highway challenges and research proposals
that are linked to identified or potential research needs.
(2) Requirements.--A research proposal submitted to the
Secretary by an eligible entity shall address--
(A) a research need identified by the Secretary or the
Administrator of the Federal Highway Administration; or
(B) an issue or challenge that the Secretary determines to
be important.
(3) Eligible entities.--An entity eligible to submit a research
proposal under the pilot program under paragraph (1) is--
(A) a State;
(B) a unit of local government;
(C) a university transportation center under section 5505
of title 49, United States Code;
(D) a private nonprofit organization;
(E) a private sector organization working in collaboration
with an entity described in subparagraphs (A) through (D); and
(F) any other individual or entity that the Secretary
determines to be appropriate.
(4) Project review.--The Secretary shall--
(A) review each research proposal submitted under the pilot
program under paragraph (1); and
(B) provide to the eligible entity a written notice that--
(i) if the research proposal is not selected--
(I) notifies the eligible entity that the research
proposal has not been selected for funding;
(II) provides an explanation as to why the research
proposal was not selected, including if the research
proposal does not cover an area of need; and
(III) if applicable, recommend that the research
proposal be submitted to another research program and
provide guidance and direction to the eligible entity
and the proposed research program office; and
(ii) if the research proposal is selected, notifies the
eligible entity that the research proposal has been
selected for funding.
(5) Federal share.--
(A) In general.--The Federal share of the cost of an
activity carried out under this subsection shall not exceed 80
percent.
(B) Non-federal share.--All costs directly incurred by the
non-Federal partners, including personnel, travel, facility,
and hardware development costs, shall be credited toward the
non-Federal share of the cost of an activity carried out under
this subsection.
(f) Conforming Amendment.--Section 167 of title 23, United States
Code, is amended--
(1) by striking subsection (h); and
(2) by redesignating subsections (i) through (l) as subsections
(h) through (k), respectively.
SEC. 13007. WORKFORCE DEVELOPMENT, TRAINING, AND EDUCATION.
(a) Surface Transportation Workforce Development, Training, and
Education.--Section 504(e) of title 23, United States Code, is
amended--
(1) in paragraph (1)--
(A) by redesignating subparagraphs (D) through (G) as
subparagraphs (E), (F), (H), and (I), respectively;
(B) by inserting after subparagraph (C) the following:
``(D) pre-apprenticeships, apprenticeships, and career
opportunities for on-the-job training;'';
(C) in subparagraph (E) (as so redesignated), by striking
``or community college'' and inserting ``, college, community
college, or vocational school''; and
(D) by inserting after subparagraph (F) (as so
redesignated) the following:
``(G) activities associated with workforce training and
employment services, such as targeted outreach and partnerships
with industry, economic development organizations, workforce
development boards, and labor organizations;'';
(2) in paragraph (2), by striking ``paragraph (1)(G)'' and
inserting ``paragraph (1)(I)''; and
(3) in paragraph (3)--
(A) by striking the period at the end and inserting a
semicolon;
(B) by striking ``including activities'' and inserting the
following: ``including--
``(A) activities''; and
(C) by adding at the end the following:
``(B) activities that address current workforce gaps, such
as work on construction projects, of State and local
transportation agencies;
``(C) activities to develop a robust surface transportation
workforce with new skills resulting from emerging
transportation technologies; and
``(D) activities to attract new sources of job-creating
investment.''.
(b) Transportation Education and Training Development and
Deployment Program.--Section 504(f) of title 23, United States Code, is
amended--
(1) in the subsection heading, by striking ``Development'' and
inserting ``and Training Development and Deployment'';
(2) by striking paragraph (1) and inserting the following:
``(1) Establishment.--The Secretary shall establish a program
to make grants to educational institutions or State departments of
transportation, in partnership with industry and relevant Federal
departments and agencies--
``(A) to develop, test, and review new curricula and
education programs to train individuals at all levels of the
transportation workforce; or
``(B) to implement the new curricula and education programs
to provide for hands-on career opportunities to meet current
and future needs.'';
(3) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by striking
``shall'' and inserting ``may'';
(B) in subparagraph (A), by inserting ``current or future''
after ``specific''; and
(C) in subparagraph (E)--
(i) by striking ``in nontraditional departments'';
(ii) by inserting ``construction,'' after ``such as'';
and
(iii) by inserting ``or emerging'' after
``industrial'';
(4) by redesignating paragraph (3) as paragraph (4); and
(5) by inserting after paragraph (2) the following:
``(3) Reporting.--The Secretary shall establish minimum
reporting requirements for grant recipients under this subsection,
which may include, with respect to a program carried out with a
grant under this subsection--
``(A) the percentage or number of program participants that
are employed during the second quarter after exiting the
program;
``(B) the percentage or number of program participants that
are employed during the fourth quarter after exiting the
program;
``(C) the median earnings of program participants that are
employed during the second quarter after exiting the program;
``(D) the percentage or number of program participants that
obtain a recognized postsecondary credential or a secondary
school diploma (or a recognized equivalent) during
participation in the program or by not later than 1 year after
exiting the program; and
``(E) the percentage or number of program participants
that, during a program year--
``(i) are in an education or training program that
leads to a recognized postsecondary credential or
employment; and
``(ii) are achieving measurable skill gains toward such
a credential or employment.''.
(c) Use of Funds.--Section 504 of title 23, United States Code, is
amended by adding at the end the following:
``(i) Use of Funds.--The Secretary may use funds made available to
carry out this section to carry out activities related to workforce
development and technical assistance and training if--
``(1) the activities are authorized by another provision of
this title; and
``(2) the activities are for entities other than employees of
the Secretary, such as States, units of local government, Federal
land management agencies, and Tribal governments.''.
SEC. 13008. WILDLIFE-VEHICLE COLLISION RESEARCH.
(a) General Authorities and Requirements Regarding Wildlife and
Habitat.--Section 515(h)(2) of title 23, United States Code, is
amended--
(1) in subparagraph (K), by striking ``and'' at the end;
(2) by redesignating subparagraphs (D), (E), (F), (G), (H),
(I), (J), (K), and (L) as subparagraphs (E), (F), (G), (H), (I),
(K), (L), (M), and (O), respectively;
(3) by inserting after subparagraph (C) the following:
``(D) a representative from a State, local, or regional
wildlife, land use, or resource management agency;'';
(4) by inserting after subparagraph (I) (as so redesignated)
the following:
``(J) an academic researcher who is a biological or
ecological scientist with expertise in transportation
issues;''; and
(5) by inserting after subparagraph (M) (as so redesignated)
the following:
``(N) a representative from a public interest group
concerned with the impact of the transportation system on
terrestrial and aquatic species and the habitat of those
species; and''.
(b) Animal Detection Systems Research and Development.--Section
516(b)(6) of title 23, United States Code, is amended by inserting ``,
including animal detection systems to reduce the number of wildlife-
vehicle collisions'' after ``systems''.
SEC. 13009. TRANSPORTATION RESILIENCE AND ADAPTATION CENTERS OF
EXCELLENCE.
(a) In General.--Chapter 5 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 520. Transportation Resilience and Adaptation Centers of
Excellence
``(a) Definition of Center of Excellence.--In this section, the
term `Center of Excellence' means a Center of Excellence for Resilience
and Adaptation designated under subsection (b).
``(b) Designation.--The Secretary shall designate 10 regional
Centers of Excellence for Resilience and Adaptation and 1 national
Center of Excellence for Resilience and Adaptation, which shall serve
as a coordinator for the regional Centers, to receive grants to advance
research and development that improves the resilience of regions of the
United States to natural disasters and extreme weather by promoting the
resilience of surface transportation infrastructure and infrastructure
dependent on surface transportation.
``(c) Eligibility.--An entity eligible to be designated as a Center
of Excellence is--
``(1) an institution of higher education (as defined in section
102 of the Higher Education Act of 1965 (20 U.S.C. 1002)); or
``(2) a consortium of nonprofit organizations led by an
institution of higher education.
``(d) Application.--To be eligible to be designated as a Center of
Excellence, an eligible entity shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require, including a proposal that
includes a description of the activities to be carried out with a grant
under this section.
``(e) Selection.--
``(1) Regional centers of excellence.--The Secretary shall
designate 1 regional Center of Excellence in each of the 10 Federal
regions that comprise the Standard Federal Regions established by
the Office of Management and Budget in the document entitled
`Standard Federal Regions' and dated April 1974 (circular A-105).
``(2) National center of excellence.--The Secretary shall
designate 1 national Center of Excellence to coordinate the
activities of all 10 regional Centers of Excellence to minimize
duplication and promote coordination and dissemination of research
among the Centers.
``(3) Criteria.--In selecting eligible entities to designate as
a Center of Excellence, the Secretary shall consider--
``(A) the past experience and performance of the eligible
entity in carrying out activities described in subsection (g);
``(B) the merits of the proposal of an eligible entity and
the extent to which the proposal would--
``(i) advance the state of practice in resilience
planning and identify innovative resilience solutions for
transportation assets and systems;
``(ii) support activities carried out under the PROTECT
program under section 176;
``(iii) support and build on work being carried out by
another Federal agency relating to resilience;
``(iv) inform transportation decisionmaking at all
levels of government;
``(v) engage local, regional, Tribal, State, and
national stakeholders, including, if applicable,
stakeholders representing transportation, transit, urban,
and land use planning, natural resources, environmental
protection, hazard mitigation, and emergency management;
and
``(vi) engage community groups and other stakeholders
that will be affected by transportation decisions,
including underserved, economically disadvantaged, rural,
and predominantly minority communities; and
``(C) the local, regional, Tribal, State, and national
impacts of the proposal of the eligible entity.
``(f) Grants.--Subject to the availability of appropriations, the
Secretary shall provide to each Center of Excellence a grant of not
less than $5,000,000 for each of fiscal years 2022 through 2031 to
carry out the activities described in subsection (g).
``(g) Activities.--In carrying out this section, the Secretary
shall ensure that a Center of Excellence uses the funds from a grant
under subsection (f) to promote resilient transportation
infrastructure, including through--
``(1) supporting climate vulnerability assessments informed by
climate change science, including national climate assessments
produced by the United States Global Change Research Program under
section 106 of the Global Change Research Act of 1990 (15 U.S.C.
2936), relevant feasibility analyses of resilient transportation
improvements, and transportation resilience planning;
``(2) development of new design, operations, and maintenance
standards for transportation infrastructure that can inform Federal
and State decisionmaking;
``(3) research and development of new materials and
technologies that could be integrated into existing and new
transportation infrastructure;
``(4) development, refinement, and piloting of new and emerging
resilience improvements and strategies, including natural
infrastructure approaches and relocation;
``(5) development of and investment in new approaches for
facilitating meaningful engagement in transportation decisionmaking
by local, Tribal, regional, or national stakeholders and
communities;
``(6) technical capacity building to facilitate the ability of
local, regional, Tribal, State, and national stakeholders--
``(A) to assess the vulnerability of transportation
infrastructure assets and systems;
``(B) to develop community response strategies;
``(C) to meaningfully engage with community stakeholders;
and
``(D) to develop strategies and improvements for enhancing
transportation infrastructure resilience under current
conditions and a range of potential future conditions;
``(7) workforce development and training;
``(8) development and dissemination of data, tools, techniques,
assessments, and information that informs Federal, State, Tribal,
and local government decisionmaking, policies, planning, and
investments;
``(9) education and outreach regarding transportation
infrastructure resilience; and
``(10) technology transfer and commercialization.
``(h) Federal Share.--The Federal share of the cost of an activity
under this section, including the costs of establishing and operating a
Center of Excellence, shall be 50 percent.''.
(b) Clerical Amendment.--The analysis for chapter 5 of title 23,
United States Code, is amended by adding at the end the following:
``520. Transportation Resilience and Adaptation Centers of
Excellence.''.
SEC. 13010. TRANSPORTATION ACCESS PILOT PROGRAM.
(a) Definitions.--In this section:
(1) Metropolitan planning organization.--The term
``metropolitan planning organization'' has the meaning given the
term in section 134(b) of title 23, United States Code.
(2) State.--The term ``State'' has the meaning given the term
in section 101(a) of title 23, United States Code.
(3) Surface transportation modes.--The term ``surface
transportation modes'' means--
(A) driving;
(B) public transportation;
(C) walking;
(D) cycling; and
(E) a combination of any of the modes of transportation
described in subparagraphs (A) through (D).
(4) Pilot program.--The term ``pilot program'' means the
transportation pilot program established under subsection (b).
(5) Regional transportation planning organization.--The term
``regional transportation planning organization'' has the meaning
given the term in section 134(b) of title 23, United States Code.
(b) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall establish a transportation
pilot program.
(c) Purpose.--The purpose of the pilot program is to develop or
procure an accessibility data set and make that data set available to
each eligible entity selected to participate in the pilot program--
(1) to improve the transportation planning of those eligible
entities by--
(A) measuring the level of access by surface transportation
modes to important destinations, which may include--
(i) jobs;
(ii) health care facilities;
(iii) child care services;
(iv) educational and workforce training facilities;
(v) housing;
(vi) food sources;
(vii) points within the supply chain for freight
commodities;
(viii) domestic or international markets; and
(ix) connections between surface transportation modes;
and
(B) disaggregating the level of access by surface
transportation modes by a variety of--
(i) population categories, which may include--
(I) low-income populations;
(II) minority populations;
(III) age;
(IV) disability; and
(V) geographical location; or
(ii) freight commodities, which may include--
(I) agricultural commodities;
(II) raw materials;
(III) finished products; and
(IV) energy commodities; and
(2) to assess the change in accessibility that would result
from new transportation investments.
(d) Eligible Entities.--An entity eligible to participate in the
pilot program is--
(1) a State;
(2) a metropolitan planning organization; or
(3) a regional transportation planning organization.
(e) Application.--To be eligible to participate in the pilot
program, an eligible entity shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require, including information
relating to--
(1) previous experience of the eligible entity measuring
transportation access or other performance management experience,
if applicable;
(2) the types of important destinations to which the eligible
entity intends to measure access;
(3) the types of data disaggregation the eligible entity
intends to pursue;
(4) a general description of the methodology the eligible
entity intends to apply; and
(5) if the applicant does not intend the pilot program to apply
to the full area under the jurisdiction of the applicant, a
description of the geographic area in which the applicant intends
the pilot program to apply.
(f) Selection.--
(1) In general.--The Secretary shall seek to achieve diversity
of participants in the pilot program by selecting a range of
eligible entities that shall include--
(A) States;
(B) metropolitan planning organizations that serve an area
with a population of 200,000 people or fewer;
(C) metropolitan planning organizations that serve an area
with a population of over 200,000 people; and
(D) regional transportation planning organizations.
(2) Inclusions.--The Secretary shall seek to ensure that, among
the eligible entities selected under paragraph (1), there is--
(A) a range of capacity and previous experience with
measuring transportation access; and
(B) a variety of proposed methodologies and focus areas for
measuring level of access.
(g) Duties.--For each eligible entity participating in the pilot
program, the Secretary shall--
(1) develop or acquire an accessibility data set described in
subsection (c); and
(2) submit the data set to the eligible entity.
(h) Methodology.--In calculating the measures for the data set
under the pilot program, the Secretary shall ensure that methodology is
open source.
(i) Availability.--The Secretary shall make an accessibility data
set under the pilot program available to--
(1) units of local government within the jurisdiction of the
eligible entity participating in the pilot program; and
(2) researchers.
(j) Report.--Not later than 2 years after the date of enactment of
this Act, and every 2 years thereafter, the Secretary shall submit to
the Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report on the results of the pilot program, including
the feasibility of developing and providing periodic accessibility data
sets for all States, regions, and localities.
(k) Transportation System Access.--
(1) In general.--The Secretary shall establish consistent
measures that States, metropolitan planning organizations, and
regional transportation planning organizations may choose to adopt
to assess the level of safe and convenient access by surface
transportation modes to important destinations as described in
subsection (c)(1)(A).
(2) Savings provision.--Nothing in this section provides the
Secretary the authority--
(A) to establish a performance measure or require States or
metropolitan planning organizations to set a performance target
for access as described in paragraph (1); or
(B) to establish any other Federal requirement.
(l) Funding.--The Secretary shall carry out the pilot program using
amounts made available to the Secretary for administrative expenses to
carry out programs under the authority of the Secretary.
(m) Sunset.--The pilot program shall terminate on the date that is
8 years after the date on which the pilot program is implemented.
TITLE IV--INDIAN AFFAIRS
SEC. 14001. DEFINITION OF SECRETARY.
In this title, the term ``Secretary'' means the Secretary of the
Interior.
SEC. 14002. ENVIRONMENTAL REVIEWS FOR CERTAIN TRIBAL TRANSPORTATION
FACILITIES.
(a) Definition of Tribal Transportation Safety Project.--
(1) In general.--In this section, the term ``tribal
transportation safety project'' means a project described in
paragraph (2) that is eligible for funding under section 202 of
title 23, United States Code.
(2) Project described.--A project described in this paragraph
is a project that corrects or improves a hazardous road location or
feature or addresses a highway safety problem through 1 or more of
the activities described in any of the clauses under section
148(a)(4)(B) of title 23, United States Code.
(b) Reviews of Tribal Transportation Safety Projects.--
(1) In general.--The Secretary or the Secretary of
Transportation, as applicable, or the head of another Federal
agency responsible for a decision related to a tribal
transportation safety project shall complete any approval or
decision for the review of the tribal transportation safety project
required under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) or any other applicable Federal law on an
expeditious basis using the shortest existing applicable process.
(2) Review of applications.--Not later than 45 days after the
date of receipt of a complete application by an Indian tribe for
approval of a tribal transportation safety project, the Secretary
or the Secretary of Transportation, as applicable, shall--
(A) take final action on the application; or
(B) provide the Indian tribe a schedule for completion of
the review described in paragraph (1), including the
identification of any other Federal agency that has
jurisdiction with respect to the project.
(3) Decisions under other federal laws.--In any case in which a
decision under any other Federal law relating to a tribal
transportation safety project (including the issuance or denial of
a permit or license) is required, not later than 45 days after the
Secretary or the Secretary of Transportation, as applicable, has
made all decisions of the lead agency under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with
respect to the project, the head of the Federal agency responsible
for the decision shall--
(A) make the applicable decision; or
(B) provide the Indian tribe a schedule for making the
decision.
(4) Extensions.--The Secretary or the Secretary of
Transportation, as applicable, or the head of the Federal agency
may extend the period under paragraph (2) or (3), as applicable, by
an additional 30 days by providing the Indian tribe notice of the
extension, including a statement of the need for the extension.
(5) Notification and explanation.--In any case in which a
required action is not completed by the deadline under paragraph
(2), (3), or (4), as applicable, the Secretary, the Secretary of
Transportation, or the head of a Federal agency, as applicable,
shall--
(A) notify the Committees on Indian Affairs and Environment
and Public Works of the Senate and the Committee on Natural
Resources of the House of Representatives of the failure to
comply with the deadline; and
(B) provide to the Committees described in subparagraph (A)
a detailed explanation of the reasons for the failure to comply
with the deadline.
SEC. 14003. PROGRAMMATIC AGREEMENTS FOR TRIBAL CATEGORICAL EXCLUSIONS.
(a) In General.--The Secretary and the Secretary of Transportation
shall enter into programmatic agreements with Indian tribes that
establish efficient administrative procedures for carrying out
environmental reviews for projects eligible for assistance under
section 202 of title 23, United States Code.
(b) Inclusions.--A programmatic agreement under subsection (a)--
(1) may include an agreement that allows an Indian tribe to
determine, on behalf of the Secretary and the Secretary of
Transportation, whether a project is categorically excluded from
the preparation of an environmental assessment or environmental
impact statement under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.); and
(2) shall--
(A) require that the Indian tribe maintain adequate
capability in terms of personnel and other resources to carry
out applicable agency responsibilities pursuant to section
1507.2 of title 40, Code of Federal Regulations (or successor
regulations);
(B) set forth the responsibilities of the Indian tribe for
making categorical exclusion determinations, documenting the
determinations, and achieving acceptable quality control and
quality assurance;
(C) allow--
(i) the Secretary and the Secretary of Transportation
to monitor compliance of the Indian tribe with the terms of
the agreement; and
(ii) the Indian tribe to execute any needed corrective
action;
(D) contain stipulations for amendments, termination, and
public availability of the agreement once the agreement has
been executed; and
(E) have a term of not more than 5 years, with an option
for renewal based on a review by the Secretary and the
Secretary of Transportation of the performance of the Indian
tribe.
SEC. 14004. USE OF CERTAIN TRIBAL TRANSPORTATION FUNDS.
Section 202(d) of title 23, United States Code, is amended by
striking paragraph (2) and inserting the following:
``(2) Use of funds.--Funds made available to carry out this
subsection shall be used--
``(A) to carry out any planning, design, engineering,
preconstruction, construction, and inspection of new or
replacement tribal transportation facility bridges;
``(B) to replace, rehabilitate, seismically retrofit,
paint, apply calcium magnesium acetate, sodium acetate/formate,
or other environmentally acceptable, minimally corrosive anti-
icing and deicing composition; or
``(C) to implement any countermeasure for tribal
transportation facility bridges classified as in poor
condition, having a low load capacity, or needing geometric
improvements, including multiple-pipe culverts.''.
SEC. 14005. BUREAU OF INDIAN AFFAIRS ROAD MAINTENANCE PROGRAM.
There are authorized to be appropriated to the Director of the
Bureau of Indian Affairs to carry out the road maintenance program of
the Bureau--
(1) $50,000,000 for fiscal year 2022;
(2) $52,000,000 for fiscal year 2023;
(3) $54,000,000 for fiscal year 2024;
(4) $56,000,000 for fiscal year 2025; and
(5) $58,000,000 for fiscal year 2026.
SEC. 14006. STUDY OF ROAD MAINTENANCE ON INDIAN LAND.
(a) Definitions.--In this section:
(1) Indian land.--The term ``Indian land'' has the meaning
given the term ``Indian lands'' in section 3 of the Native American
Business Development, Trade Promotion, and Tourism Act of 2000 (25
U.S.C. 4302).
(2) Indian tribe.--The term ``Indian tribe'' has the meaning
given the term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
(3) Road.--The term ``road'' means a road managed in whole or
in part by the Bureau of Indian Affairs.
(4) Secretary.--The term ``Secretary'' means the Secretary,
acting through the Assistant Secretary for Indian Affairs.
(b) Study.--Not later than 2 years after the date of enactment of
this Act, the Secretary, in consultation with the Secretary of
Transportation, shall carry out a study to evaluate--
(1) the long-term viability and useful life of existing roads
on Indian land;
(2) any steps necessary to achieve the goal of addressing the
deferred maintenance backlog of existing roads on Indian land;
(3) programmatic reforms and performance enhancements necessary
to achieve the goal of restructuring and streamlining road
maintenance programs on existing or future roads located on Indian
land; and
(4) recommendations on how to implement efforts to coordinate
with States, counties, municipalities, and other units of local
government to maintain roads on Indian land.
(c) Tribal Consultation and Input.--Before beginning the study
under subsection (b), the Secretary shall--
(1) consult with any Indian tribes that have jurisdiction over
roads eligible for funding under the road maintenance program of
the Bureau of Indian Affairs; and
(2) solicit and consider the input, comments, and
recommendations of the Indian tribes described in paragraph (1).
(d) Report.--On completion of the study under subsection (b), the
Secretary, in consultation with the Secretary of Transportation, shall
submit to the Committees on Indian Affairs and Environment and Public
Works of the Senate and the Committees on Natural Resources and
Transportation and Infrastructure of the House of Representatives a
report on the results and findings of the study.
(e) Status Report.--Not later than 2 years after the date of
enactment of this Act, and not less frequently than every 2 years
thereafter, the Secretary, in consultation with the Secretary of
Transportation, shall submit to the Committees on Indian Affairs and
Environment and Public Works of the Senate and the Committees on
Natural Resources and Transportation and Infrastructure of the House of
Representatives a report that includes a description of--
(1) the progress made toward addressing the deferred
maintenance needs of the roads on Indian land, including a list of
projects funded during the fiscal period covered by the report;
(2) the outstanding needs of the roads that have been provided
funding to address the deferred maintenance needs;
(3) the remaining needs of any of the projects referred to in
paragraph (1);
(4) how the goals described in subsection (b) have been met,
including--
(A) an identification and assessment of any deficiencies or
shortfalls in meeting the goals; and
(B) a plan to address the deficiencies or shortfalls in
meeting the goals; and
(5) any other issues or recommendations provided by an Indian
tribe under the consultation and input process under subsection (c)
that the Secretary determines to be appropriate.
SEC. 14007. MAINTENANCE OF CERTAIN INDIAN RESERVATION ROADS.
The Commissioner of U.S. Customs and Border Protection may transfer
funds to the Director of the Bureau of Indian Affairs to maintain,
repair, or reconstruct roads under the jurisdiction of the Director,
subject to the condition that the Commissioner and the Director shall
mutually agree that the primary user of the subject road is U.S.
Customs and Border Protection.
SEC. 14008. TRIBAL TRANSPORTATION SAFETY NEEDS.
(a) Definitions.--In this section:
(1) Alaska native.--The term ``Alaska Native'' has the meaning
given the term ``Native'' in section 3 of the Alaska Native Claims
Settlement Act (43 U.S.C. 1602).
(2) Alaska native village.--The term ``Alaska Native village''
has the meaning given the term ``Native village'' in section 3 of
the Alaska Native Claims Settlement Act (43 U.S.C. 1602).
(3) Indian tribe.--The term ``Indian tribe'' has the meaning
given the term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
(b) Best Practices, Standardized Crash Report Form.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation, in
consultation with the Secretary, Indian tribes, Alaska Native
villages, and State departments of transportation shall develop--
(A) best practices for the compiling, analysis, and sharing
of motor vehicle crash data for crashes occurring on Indian
reservations and in Alaska Native communities; and
(B) a standardized form for use by Indian tribes and Alaska
Native communities to carry out those best practices.
(2) Purpose.--The purpose of the best practices and
standardized form developed under paragraph (1) shall be to improve
the quality and quantity of crash data available to and used by the
Federal Highway Administration, State departments of
transportation, Indian tribes, and Alaska Native villages.
(3) Report.--On completion of the development of the best
practices and standardized form under paragraph (1), the Secretary
of Transportation shall submit to the Committees on Indian Affairs
and Environment and Public Works of the Senate and the Committees
on Natural Resources and Transportation and Infrastructure of the
House of Representatives a report describing the best practices and
standardized form.
(c) Use of IMARS.--The Director of the Bureau of Indian Affairs
shall require all law enforcement offices of the Bureau, for the
purpose of reporting motor vehicle crash data for crashes occurring on
Indian reservations and in Alaska Native communities--
(1) to use the crash report form of the applicable State; and
(2) to upload the information on that form to the Incident
Management Analysis and Reporting System (IMARS) of the Department
of the Interior.
(d) Tribal Transportation Program Safety Funding.--Section
202(e)(1) of title 23, United States Code, is amended by striking ``2
percent'' and inserting ``4 percent''.
SEC. 14009. OFFICE OF TRIBAL GOVERNMENT AFFAIRS.
Section 102 of title 49, United States Code, is amended--
(1) in subsection (e)(1)--
(A) in the matter preceding subparagraph (A), by striking
``6 Assistant'' and inserting ``7 Assistant'';
(B) in subparagraph (C), by striking ``and'' after the
semicolon;
(C) by redesignating subparagraph (D) as subparagraph (E);
and
(D) by inserting after subparagraph (C) the following:
``(D) an Assistant Secretary for Tribal Government Affairs,
who shall be appointed by the President; and''; and
(2) in subsection (f), by striking the subsection designation
and heading and all that follows through the end of paragraph (1)
and inserting the following:
``(f) Office of Tribal Government Affairs.--
``(1) Establishment.--There is established in the Department an
Office of Tribal Government Affairs, under the Assistant Secretary
for Tribal Government Affairs--
``(A) to oversee the tribal self-governance program under
section 207 of title 23;
``(B) to plan, coordinate, and implement policies and
programs serving Indian Tribes and Tribal organizations;
``(C) to coordinate Tribal transportation programs and
activities in all offices and administrations of the
Department; and
``(D) to be a participant in any negotiated rulemakings
relating to, or having an impact on, projects, programs, or
funding associated with the Tribal transportation program under
section 202 of title 23.''.
DIVISION B--SURFACE TRANSPORTATION INVESTMENT ACT OF 2021
SEC. 20001. SHORT TITLE.
This division may be cited as the ``Surface Transportation
Investment Act of 2021''.
SEC. 20002. DEFINITIONS.
In this division:
(1) Department.--The term ``Department'' means the Department
of Transportation.
(2) Secretary.--The term ``Secretary'' means the Secretary of
Transportation.
TITLE I--MULTIMODAL AND FREIGHT TRANSPORTATION
Subtitle A--Multimodal Freight Policy
SEC. 21101. OFFICE OF MULTIMODAL FREIGHT INFRASTRUCTURE AND POLICY.
(a) In General.--Chapter 1 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 118. Office of Multimodal Freight Infrastructure and Policy
``(a) Definitions.--In this section:
``(1) Department.--The term `Department' means the Department
of Transportation.
``(2) Freight office.--The term `Freight Office' means the
Office of Multimodal Freight Infrastructure and Policy established
under subsection (b).
``(3) Secretary.--The term `Secretary' means the Secretary of
Transportation.
``(b) Establishment.--The Secretary shall establish within the
Department an Office of Multimodal Freight Infrastructure and Policy.
``(c) Purposes.--The purposes of the Freight Office shall be--
``(1) to carry out the national multimodal freight policy
described in section 70101;
``(2) to administer and oversee certain multimodal freight
grant programs within the Department in accordance with subsection
(d);
``(3) to promote and facilitate the sharing of information
between the private and public sectors with respect to freight
issues;
``(4) to conduct research on improving multimodal freight
mobility, and to oversee the freight research activities of the
various agencies within the Department;
``(5) to assist cities and States in developing freight
mobility and supply chain expertise;
``(6) to liaise and coordinate with other Federal departments
and agencies; and
``(7) to carry out other duties, as prescribed by the
Secretary.
``(d) Administration of Policies and Programs.--The Freight Office
shall--
``(1) develop and manage--
``(A) the national freight strategic plan described in
section 70102; and
``(B) the National Multimodal Freight Network established
under section 70103;
``(2)(A) oversee the development and updating of the State
freight plans described in section 70202; and
``(B) provide guidance or best practices relating to the
development and updating of State freight plans under that section;
``(3)(A) administer multimodal freight grant programs,
including multimodal freight grants established under section 117
of title 23; and
``(B) establish procedures for analyzing and evaluating
applications for grants under those programs;
``(4) assist States in the establishment of--
``(A) State freight advisory committees under section
70201; and
``(B) multi-State freight mobility compacts under section
70204; and
``(5) provide to the Bureau of Transportation Statistics input
regarding freight data and planning tools.
``(e) Assistant Secretary.--
``(1) In general.--The Freight Office shall be headed by an
Assistant Secretary for Multimodal Freight, who shall--
``(A) be appointed by the President, by and with the advice
and consent of the Senate; and
``(B) have professional standing and demonstrated knowledge
in the field of freight transportation.
``(2) Duties.--The Assistant Secretary shall--
``(A) report to the Under Secretary of Transportation for
Policy;
``(B) be responsible for the management and oversight of
the activities, decisions, operations, and personnel of the
Freight Office;
``(C) work with the modal administrations of the Department
to encourage multimodal collaboration; and
``(D) carry out such additional duties as the Secretary may
prescribe.
``(f) Consolidation and Elimination of Duplicative Offices.--
``(1) Consolidation of offices and office functions.--The
Secretary may consolidate into the Freight Office any office or
office function within the Department that the Secretary determines
has duties, responsibilities, resources, or expertise that support
the purposes of the Freight Office.
``(2) Elimination of offices.--The Secretary may eliminate any
office within the Department if the Secretary determines that--
``(A) the purposes of the office are duplicative of the
purposes of the Freight Office;
``(B) the office or the functions of the office have been
substantially consolidated with the Freight Office pursuant to
paragraph (1);
``(C) the elimination of the office will not adversely
affect the requirements of the Secretary under any Federal law;
and
``(D) the elimination of the office will improve the
efficiency and effectiveness of the programs and functions
conducted by the office.
``(g) Staffing and Budgetary Resources.--
``(1) In general.--The Secretary shall ensure that the Freight
Office is adequately staffed and funded.
``(2) Staffing.--
``(A) Transfer of positions to freight office.--Subject to
subparagraph (B), the Secretary may transfer to the Freight
Office any position within any other office of the Department
if the Secretary determines that the position is necessary to
carry out the purposes of the Freight Office.
``(B) Requirement.--If the Secretary transfers a position
to the Freight Office pursuant to subparagraph (A), the
Secretary, in coordination with the appropriate modal
administration of the Department, shall ensure that the
transfer of the position does not adversely affect the
requirements of the modal administration under any Federal law.
``(3) Budgetary resources.--
``(A) Transfer of funds from consolidated or eliminated
offices.--
``(i) In general.--To carry out the purposes of the
Freight Office, the Secretary may transfer to the Freight
Office from any office or office function that is
consolidated or eliminated under subsection (f) any funds
allocated for the consolidated or eliminated office or
office function.
``(ii) Retransfer.--Any portion of any funds or
limitations of obligations transferred to the Freight
Office pursuant to clause (i) may be transferred back to,
and merged with, the original account.
``(B) Transfer of funds allocated for administrative
costs.--
``(i) In general.--The Secretary may transfer to the
Freight Office any funds allocated for the administrative
costs of the programs referred to in subsection (d)(3).
``(ii) Retransfer.--Any portion of any funds or
limitations of obligations transferred to the Freight
Office pursuant to clause (i) may be transferred back to,
and merged with, the original account.
``(h) Website.--
``(1) Description of freight office.--The Secretary shall make
publicly available on the website of the Department a description
of the Freight Office, including a description of--
``(A) the programs managed or made available by the Freight
Office; and
``(B) the eligibility requirements for those programs.
``(2) Clearinghouse.--The Secretary may establish a
clearinghouse for tools, templates, guidance, and best practices on
a page of the website of the Department that supports the purposes
of this section.
``(i) Notification to Congress.--Not later than 1 year after the
date of enactment of this section, and not less frequently than once
every 180 days thereafter until the date on which the Secretary
determines that the requirements of this section have been met, the
Secretary shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a notification that--
``(1) describes--
``(A) the programs and activities administered or overseen
by the Freight Office; and
``(B) the status of those programs and activities;
``(2) identifies--
``(A) the number of employees working in the Freight Office
as of the date of the notification;
``(B) the total number of employees expected to join the
Freight Office to support the programs and activities described
in paragraph (1); and
``(C) the total number of positions that, as a result of
the consolidation of offices under this section, were--
``(i) eliminated; or
``(ii) transferred, assigned, or joined to the Freight
Office;
``(3)(A) indicates whether the Secretary has consolidated into
the Freight Office any office or office function pursuant to
subsection (f)(1); and
``(B) if the Secretary has consolidated such an office or
function, describes the rationale for the consolidation;
``(4)(A) indicates whether the Secretary has eliminated any
office pursuant to subsection (f)(2); and
``(B) if the Secretary has eliminated such an office, describes
the rationale for the elimination;
``(5) describes any other actions carried out by the Secretary
to implement this section; and
``(6) describes any recommendations of the Secretary for
legislation that may be needed to further implement this section.
``(j) Savings Provisions.--
``(1) Effect on other law.--Except as otherwise provided in
this section, nothing in this section alters or affects any law
(including regulations) with respect to a program referred to in
subsection (d).
``(2) Effect on responsibilities of other agencies.--Except as
otherwise provided in this section, nothing in this section
abrogates the responsibilities of any agency, operating
administration, or office within the Department that is otherwise
charged by law (including regulations) with any aspect of program
administration, oversight, or project approval or implementation
with respect to a program or project subject to the
responsibilities of the Freight Office under this section.
``(3) Effect on pending applications.--Nothing in this section
affects any pending application under a program referred to in
subsection (d) that was received by the Secretary on or before the
date of enactment of the Surface Transportation Investment Act of
2021.
``(k) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated to
the Secretary such sums as are necessary to carry out this section.
``(2) Certain activities.--Authorizations under subsections (f)
and (g) are subject to appropriations.''.
(b) GAO Review.--The Comptroller General of the United States
shall--
(1) conduct a review of the activities carried out by the
Secretary pursuant to section 118 of title 49, United States Code;
and
(2) develop recommendations regarding additional activities--
(A) to improve the consolidation of duplicative functions
within the Department; and
(B) to promote increased staff efficiency for program
management within the Department.
(c) Clerical Amendment.--The analysis for chapter 1 of title 49,
United States Code, is amended by inserting after the item relating to
section 117 the following:
``118. Office of Multimodal Freight Infrastructure and Policy.''.
(d) Conforming Amendments.--
(1) Section 70101(c) of title 49, United States Code, is
amended, in the matter preceding paragraph (1), by striking ``Under
Secretary of Transportation for Policy'' and inserting ``Assistant
Secretary for Multimodal Freight''.
(2) Section 70102 of title 49, United States Code, is amended--
(A) in subsection (a), in the matter preceding paragraph
(1), by striking ``Not later'' and all that follows through
``the Under Secretary of Transportation for Policy'' and
inserting ``The Assistant Secretary for Multimodal Freight
(referred to in this section as the `Assistant Secretary')'';
(B) in subsection (b)(4), in the matter preceding
subparagraph (A), by striking ``Under Secretary'' and inserting
``Assistant Secretary'';
(C) in subsection (c), by striking ``Under Secretary'' and
inserting ``Assistant Secretary''; and
(D) in subsection (d), in the matter preceding paragraph
(1), by striking ``Under Secretary'' and inserting ``Assistant
Secretary''.
(3) Section 70103 of title 49, United States Code, is amended--
(A) in subsection (a), in the matter preceding paragraph
(1), by striking ``Under Secretary of Transportation for
Policy'' and inserting ``Assistant Secretary for Multimodal
Freight (referred to in this section as the `Assistant
Secretary')'';
(B) by striking subsection (b);
(C) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively;
(D) in subsection (b) (as so redesignated)--
(i) in the subsection heading, by striking ``Final
Network'' and inserting ``Designation of National
Multimodal Freight Network'';
(ii) in paragraph (1), in the matter preceding
subparagraph (A), by striking ``Not later'' and all that
follows through ``Under Secretary'' and inserting ``The
Assistant Secretary'';
(iii) in paragraph (2), in the matter preceding
subparagraph (A), by striking ``Under Secretary'' and
inserting ``Assistant Secretary''; and
(iv) in paragraph (3), in the matter preceding
subparagraph (A), by striking ``Under Secretary'' and
inserting ``Assistant Secretary''; and
(E) in subsection (c) (as so redesignated)--
(i) by striking ``subsection (c)'' each place it
appears and inserting ``subsection (b)''; and
(ii) by striking ``Under Secretary'' and inserting
``Assistant Secretary''.
(4) Section 116(d)(1) of title 49, United States Code, is
amended by striking subparagraph (D).
SEC. 21102. UPDATES TO NATIONAL FREIGHT PLAN.
Section 70102(b) of title 49, United States Code, is amended--
(1) in paragraph (10), by striking ``and'' at the end;
(2) in paragraph (11), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(12) best practices for reducing environmental impacts of
freight movement (including reducing local air pollution from
freight movement, stormwater runoff, and wildlife habitat loss
resulting from freight facilities, freight vehicles, or freight
activity);
``(13) possible strategies to increase the resilience of the
freight system, including the ability to anticipate, prepare for,
or adapt to conditions, or withstand, respond to, or recover
rapidly from disruptions, including extreme weather and natural
disasters;
``(14) strategies to promote United States economic growth and
international competitiveness;
``(15) consideration of any potential unique impacts of the
national freight system on rural and other underserved and
historically disadvantaged communities;
``(16) strategies for decarbonizing freight movement, as
appropriate; and
``(17) consideration of the impacts of e-commerce on the
national multimodal freight system.''.
SEC. 21103. STATE COLLABORATION WITH NATIONAL MULTIMODAL FREIGHT
NETWORK.
Subsection (b) of section 70103 of title 49, United States Code (as
redesignated by section 21101(d)(3)(C)), is amended--
(1) in paragraph (3), by striking subparagraph (C) and
inserting the following:
``(C) provide to the States an opportunity to submit
proposed designations from the States in accordance with
paragraph (4).''; and
(2) in paragraph (4)--
(A) in subparagraph (C)(i), by striking ``20 percent'' and
inserting ``30 percent''; and
(B) by adding at the end the following:
``(E) Condition for acceptance.--The Secretary shall accept
from a State a designation under subparagraph (D) only if the
Secretary determines that the designation meets the applicable
requirements of subparagraph (A).''.
SEC. 21104. IMPROVING STATE FREIGHT PLANS.
(a) In General.--Section 70202 of title 49, United States Code, is
amended--
(1) in subsection (b)--
(A) in paragraph (9), by striking ``and'' at the end;
(B) by redesignating paragraph (10) as paragraph (17); and
(C) by inserting after paragraph (9) the following:
``(10) the most recent commercial motor vehicle parking
facilities assessment conducted by the State under subsection (f);
``(11) the most recent supply chain cargo flows in the State,
expressed by mode of transportation;
``(12) an inventory of commercial ports in the State;
``(13) if applicable, consideration of the findings or
recommendations made by any multi-State freight compact to which
the State is a party under section 70204;
``(14) the impacts of e-commerce on freight infrastructure in
the State;
``(15) considerations of military freight;
``(16) strategies and goals to decrease--
``(A) the severity of impacts of extreme weather and
natural disasters on freight mobility;
``(B) the impacts of freight movement on local air
pollution;
``(C) the impacts of freight movement on flooding and
stormwater runoff; and
``(D) the impacts of freight movement on wildlife habitat
loss; and''; and
(2) by adding at the end the following:
``(f) Commercial Motor Vehicle Parking Facilities Assessments.--As
part of the development or updating, as applicable, of a State freight
plan under this section, each State that receives funding under section
167 of title 23, in consultation with relevant State motor carrier
safety personnel, shall conduct an assessment of--
``(1) the capability of the State, together with the private
sector in the State, to provide adequate parking facilities and
rest facilities for commercial motor vehicles engaged in interstate
transportation;
``(2) the volume of commercial motor vehicle traffic in the
State; and
``(3) whether there exist any areas within the State with a
shortage of adequate commercial motor vehicle parking facilities,
including an analysis (economic or otherwise, as the State
determines to be appropriate) of the underlying causes of such a
shortage.
``(g) Priority.--Each State freight plan under this section shall
include a requirement that the State, in carrying out activities under
the State freight plan--
``(1) enhance reliability or redundancy of freight
transportation; or
``(2) incorporate the ability to rapidly restore access and
reliability with respect to freight transportation.
``(h) Approval.--
``(1) In general.--The Secretary of Transportation shall
approve a State freight plan described in subsection (a) if the
plan achieves compliance with the requirements of this section.
``(2) Savings provision.--Nothing in this subsection
establishes new procedural requirements for the approval of a State
freight plan described in subsection (a).''.
(b) Studies.--For the purpose of facilitating the integration of
intelligent transportation systems into the freight transportation
network powered by electricity, the Secretary, acting through the
Assistant Secretary for Multimodal Freight, shall conduct a study
relating to--
(1) preparing to supply power to applicable electrical freight
infrastructure; and
(2) safely integrating freight into intelligent transportation
systems.
(c) Alignment of Transportation Planning.--Section 70202 of title
49, United States Code, is amended--
(1) in subsection (d), by striking ``5-year'' and inserting
``8-year''; and
(2) in subsection (e)(1), by striking ``5 years'' and inserting
``4 years''.
SEC. 21105. IMPLEMENTATION OF NATIONAL MULTIMODAL FREIGHT NETWORK.
Not later than 30 days after the date of enactment of this Act, the
Secretary shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report that--
(1) describes the status of the designation of the final
National Multimodal Freight Network required under section 70103 of
title 49, United States Code;
(2) explains the reasons why the designation of the network
referred to in paragraph (1) has not been finalized, if applicable;
and
(3) estimates the date by which that network will be
designated.
SEC. 21106. MULTI-STATE FREIGHT CORRIDOR PLANNING.
(a) In General.--Chapter 702 of title 49, United States Code, is
amended--
(1) by redesignating section 70204 as section 70206; and
(2) by inserting after section 70203 the following:
``Sec. 70204. Multi-State freight corridor planning
``(a) Consent to Multi-State Freight Mobility Compacts.--Congress
recognizes the right of States, cities, regional planning
organizations, federally recognized Indian Tribes, and local public
authorities (including public port authorities) that are regionally
linked with an interest in a specific nationally or regionally
significant multi-State freight corridor to enter into multi-State
compacts to promote the improved mobility of goods, including--
``(1) identifying projects along the corridor that benefit
multiple States;
``(2) assembling rights-of-way; and
``(3) performing capital improvements.
``(b) Financing.--A multi-State freight compact established by
entities under subsection (a) may provide that, in order to carry out
the compact, the relevant States or other entities may--
``(1) accept contributions from a unit of State or local
government;
``(2) use any Federal or State funds made available for freight
mobility infrastructure planning or construction, including
applying for grants;
``(3) subject to such terms and conditions as the States
consider to be advisable--
``(A) borrow money on a short-term basis; and
``(B) issue--
``(i) notes for borrowing under subparagraph (A); and
``(ii) bonds; and
``(4) obtain financing by other means permitted under
applicable Federal or State law.
``(c) Advisory Committees.--
``(1) In general.--A multi-State freight compact under this
section may establish a multi-State freight corridor advisory
committee, which shall include representatives of State departments
of transportation and other public and private sector entities with
an interest in freight mobility, such as--
``(A) ports;
``(B) freight railroads;
``(C) shippers;
``(D) carriers;
``(E) freight-related associations;
``(F) third-party logistics providers;
``(G) the freight industry workforce;
``(H) environmental organizations;
``(I) community organizations; and
``(J) units of local government.
``(2) Activities.--An advisory committee established under
paragraph (1) may--
``(A) advise the parties to the applicable multi-State
freight compact with respect to freight-related priorities,
issues, projects, and funding needs that impact multi-State--
``(i) freight mobility; and
``(ii) supply chains;
``(B) serve as a forum for States, Indian Tribes, and other
public entities to discuss decisions affecting freight
mobility;
``(C) communicate and coordinate multi-State freight
priorities with other organizations;
``(D) promote the sharing of information between the
private and public sectors with respect to freight issues; and
``(E) provide information for consideration in the
development of State freight plans under section 70202.
``(d) Grants.--
``(1) Establishment.--The Secretary of Transportation (referred
to in this section as the `Secretary') shall establish a program
under which the Secretary shall provide grants to multi-State
freight compacts, or States seeking to form a multi-State freight
compact, that seek to improve a route or corridor that is a part of
the National Multimodal Freight Network established under section
70103.
``(2) New compacts.--
``(A) In general.--To incentivize the establishment of
multi-State freight compacts, the Secretary may award a grant
for operations costs in an amount of not more than $2,000,000
to--
``(i) a multi-State freight compact established under
subsection (a) during the 2-year period beginning on the
date of establishment of the multi-State freight compact;
or
``(ii) States seeking to form a multi-State freight
compact described in that subsection.
``(B) Eligibility.--
``(i) New multi-state freight compacts.--A multi-State
freight compact shall be eligible for a grant under this
paragraph only during the initial 2 years of operation of
the compact.
``(ii) States seeking to form a compact.--States
seeking to form a multi-State freight compact shall be
eligible for a grant under this paragraph during--
``(I) the 2-year period beginning on the date on
which an application for a grant under this paragraph
with respect to the proposed compact is submitted to
the Secretary; or
``(II) if the compact is formed before the date on
which a grant under this paragraph is awarded in
accordance with subclause (I), the initial 2 years of
operation of the compact.
``(C) Requirements.--To be eligible to receive a grant
under this paragraph, a multi-State freight compact or the
applicable States seeking to form a multi-State freight compact
shall--
``(i) submit to the Secretary an application at such
time, in such manner, and containing such information as
the Secretary may require;
``(ii) provide a non-Federal match equal to not less
than 25 percent of the operating costs of the multi-State
freight compact; and
``(iii) commit to establishing a multi-State freight
corridor advisory committee under subsection (c)(1) during
the initial 2-year period of operation of the compact.
``(3) Existing compacts.--
``(A) In general.--The Secretary may award a grant to
multi-State freight compacts that are not eligible to receive a
grant under paragraph (2) for operations costs in an amount of
not more than $1,000,000.
``(B) Requirements.--To be eligible to receive a grant
under this paragraph, a multi-State freight compact shall--
``(i) submit to the Secretary an application at such
time, in such manner, and containing such information as
the Secretary may require;
``(ii) provide a non-Federal match of not less than 50
percent of the operating costs of the compact; and
``(iii) demonstrate that the compact has established a
multi-State freight corridor advisory committee under
subsection (c)(1).
``(4) Authorization of appropriations.--There is authorized to
be appropriated to the Secretary $5,000,000 for each fiscal year to
carry out this subsection.''.
(b) Clerical Amendment.--The analysis for chapter 702 of title 49,
United States Code, is amended by striking the item relating to section
70204 and inserting the following:
``70204. Multi-State freight corridor planning.
``70206. Savings provision.''.
SEC. 21107. STATE FREIGHT ADVISORY COMMITTEES.
Section 70201 of title 49, United States Code, is amended--
(1) in subsection (a), by striking ``representatives of ports,
freight railroads,'' and all that follows through the period at the
end and inserting the following: ``representatives of--
``(1) ports, if applicable;
``(2) freight railroads, if applicable;
``(3) shippers;
``(4) carriers;
``(5) freight-related associations;
``(6) third-party logistics providers;
``(7) the freight industry workforce;
``(8) the transportation department of the State;
``(9) metropolitan planning organizations;
``(10) local governments;
``(11) the environmental protection department of the State, if
applicable;
``(12) the air resources board of the State, if applicable;
``(13) economic development agencies of the State; and
``(14) not-for-profit organizations or community
organizations.'';
(2) in subsection (b)(5), by striking ``70202.'' and inserting
``70202, including by providing advice regarding the development of
the freight investment plan.'';
(3) by redesignating subsection (b) as subsection (c); and
(4) by inserting after subsection (a) the following:
``(b) Qualifications.--Each member of a freight advisory committee
established under subsection (a) shall have qualifications sufficient
to serve on a freight advisory committee, including, as applicable--
``(1) general business and financial experience;
``(2) experience or qualifications in the areas of freight
transportation and logistics;
``(3) experience in transportation planning;
``(4) experience representing employees of the freight
industry;
``(5) experience representing a State, local government, or
metropolitan planning organization; or
``(6) experience representing the views of a community group or
not-for-profit organization.''.
Subtitle B--Multimodal Investment
SEC. 21201. NATIONAL INFRASTRUCTURE PROJECT ASSISTANCE.
Subtitle III of title 49, United States Code, is amended by adding
at the end the following:
``CHAPTER 67--MULTIMODAL INFRASTRUCTURE INVESTMENTS
``6701. National infrastructure project assistance.
``6702. Local and regional project assistance.
``Sec. 6701. National infrastructure project assistance
``(a) Definitions.--In this section:
``(1) Department.--The term `Department' means the Department
of Transportation.
``(2) Eligible entity.--The term `eligible entity' means--
``(A) a State or a group of States;
``(B) a metropolitan planning organization;
``(C) a unit of local government;
``(D) a political subdivision of a State;
``(E) a special purpose district or public authority with a
transportation function, including a port authority;
``(F) a Tribal government or a consortium of Tribal
governments;
``(G) a partnership between Amtrak and 1 or more entities
described in subparagraphs (A) through (F); and
``(H) a group of entities described in any of subparagraphs
(A) through (G).
``(3) Program.--The term `program' means the program
established by subsection (b).
``(4) Secretary.--The term `Secretary' means the Secretary of
Transportation.
``(5) State.--The term `State' means--
``(A) any of the several States;
``(B) the District of Columbia;
``(C) the Commonwealth of Puerto Rico;
``(D) the Commonwealth of the Northern Mariana Islands;
``(E) the United States Virgin Islands;
``(F) Guam;
``(G) American Samoa; and
``(H) any other territory or possession of the United
States.
``(b) Establishment.--There is established a program under which
the Secretary shall provide to eligible entities grants, on a
competitive basis pursuant to single-year or multiyear grant
agreements, for projects described in subsection (d).
``(c) Applications.--
``(1) In general.--To be eligible for a grant under the
program, an eligible entity shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary determines to be appropriate.
``(2) Plan for data collection.--An application under paragraph
(1) shall include a plan for data collection and analysis described
in subsection (g).
``(d) Eligible Projects.--The Secretary may provide a grant under
the program only for a project--
``(1) that is--
``(A) a highway or bridge project carried out on--
``(i) the National Multimodal Freight Network
established under section 70103;
``(ii) the National Highway Freight Network established
under section 167 of title 23; or
``(iii) the National Highway System (as defined in
section 101(a) of title 23);
``(B) a freight intermodal (including public ports) or
freight rail project that provides a public benefit;
``(C) a railway-highway grade separation or elimination
project;
``(D) an intercity passenger rail project;
``(E) a public transportation project that is--
``(i) eligible for assistance under chapter 53; and
``(ii) part of a project described in any of
subparagraphs (A) through (D); or
``(F) a grouping, combination, or program of interrelated,
connected, or dependent projects of any of the projects
described in subparagraphs (A) through (E); and
``(2) the eligible project costs of which are--
``(A) reasonably anticipated to equal or exceed
$500,000,000; or
``(B) for any project funded by the set-aside under
subsection (m)(2)--
``(i) more than $100,000,000; but
``(ii) less than $500,000,000.
``(e) Geographical Distribution.--In providing grants under this
section, the Secretary shall ensure among grant recipients--
``(1) geographical diversity; and
``(2) a balance between rural and urban communities.
``(f) Project Evaluation and Selection.--
``(1) Requirements.--The Secretary may select a project
described in subsection (d) to receive a grant under the program
only if the Secretary determines that--
``(A) the project is likely to generate national or
regional economic, mobility, or safety benefits;
``(B) the project is in need of significant Federal
funding;
``(C) the project will be cost-effective;
``(D) with respect to related non-Federal financial
commitments, 1 or more stable and dependable sources of funding
and financing are available--
``(i) to construct, operate, and maintain the project;
and
``(ii) to cover cost increases; and
``(E) the applicant has, or will have, sufficient legal,
financial, and technical capacity to carry out the project.
``(2) Evaluation criteria.--In awarding a grant under the
program, the Secretary shall evaluate--
``(A) the extent to which a project supports achieving a
state of good repair for each existing asset to be improved by
the project;
``(B) the level of benefits a project is expected to
generate, including--
``(i) the costs avoided by the prevention of closure or
reduced use of the asset to be improved by the project;
``(ii) reductions in maintenance costs over the life of
the applicable asset;
``(iii) safety benefits, including the reduction of
serious injuries and fatalities and related costs;
``(iv) improved person or freight throughput, including
improved mobility and reliability; and
``(v) environmental benefits and health impacts, such
as--
``(I) reductions in greenhouse gas emissions;
``(II) air quality benefits;
``(III) preventing stormwater runoff that would be
a detriment to aquatic species; and
``(IV) improved infrastructure resilience;
``(C) the benefits of the project, as compared to the costs
of the project;
``(D) the number of persons or volume of freight, as
applicable, supported by the project; and
``(E) national and regional economic benefits of the
project, including with respect to short- and long-term job
access, growth, or creation.
``(3) Additional considerations.--In selecting projects to
receive grants under the program, the Secretary shall take into
consideration--
``(A) contributions to geographical diversity among grant
recipients, including a balance between the needs of rural and
urban communities;
``(B) whether multiple States would benefit from a project;
``(C) whether, and the degree to which, a project uses--
``(i) construction materials or approaches that have--
``(I) demonstrated reductions in greenhouse gas
emissions; or
``(II) reduced the need for maintenance of other
projects; or
``(ii) technologies that will allow for future
connectivity and automation;
``(D) whether a project would benefit--
``(i) a historically disadvantaged community or
population; or
``(ii) an area of persistent poverty;
``(E) whether a project benefits users of multiple modes of
transportation, including--
``(i) pedestrians;
``(ii) bicyclists; and
``(iii) users of nonvehicular rail and public
transportation, including intercity and commuter rail; and
``(F) whether a project improves connectivity between modes
of transportation moving persons or goods nationally or
regionally.
``(4) Ratings.--
``(A) In general.--In evaluating applications for a grant
under the program, the Secretary shall assign the project
proposed in the application a rating described in subparagraph
(B), based on the information contained in the applicable
notice published under paragraph (5).
``(B) Ratings.--
``(i) Highly recommended.--The Secretary shall assign a
rating of `highly recommended' to projects that, in the
determination of the Secretary--
``(I) are exemplary projects of national or
regional significance; and
``(II) would provide significant public benefit, as
determined based on the applicable criteria described
in this subsection, if funded under the program.
``(ii) Recommended.--The Secretary shall assign a
rating of `recommended' to projects that, in the
determination of the Secretary--
``(I) are of national or regional significance; and
``(II) would provide public benefit, as determined
based on the applicable criteria described in this
subsection, if funded under the program.
``(iii) Not recommended.--The Secretary shall assign a
rating of `not recommended' to projects that, in the
determination of the Secretary, should not receive a grant
under the program, based on the applicable criteria
described in this subsection.
``(C) Technical assistance.--
``(i) In general.--On request of an eligible entity
that submitted an application under subsection (c) for a
project that is not selected to receive a grant under the
program, the Secretary shall provide to the eligible entity
technical assistance and briefings relating to the project.
``(ii) Treatment.--Technical assistance provided under
this subparagraph shall not be considered a guarantee of
future selection of the applicable project under the
program.
``(5) Publication of project evaluation and selection
criteria.--Not later than 90 days after the date of enactment of
this chapter, the Secretary shall publish and make publicly
available on the website of the Department a notice that contains a
detailed explanation of--
``(A) the method by which the Secretary will determine
whether a project satisfies the applicable requirements
described in paragraph (1);
``(B) any additional ratings the Secretary may assign to
determine the means by which a project addresses the selection
criteria and additional considerations described in paragraphs
(2) and (3); and
``(C) the means by which the project requirements and
ratings referred to in subparagraphs (A) and (B) will be used
to assign an overall rating for the project under paragraph
(4).
``(6) Project selection priority.--In awarding grants under the
program, the Secretary shall give priority to projects to which the
Secretary has assigned a rating of `highly recommended' under
paragraph (4)(B)(i).
``(g) Data Collection and Analysis.--
``(1) Plan.--
``(A) In general.--An eligible entity seeking a grant under
the program shall submit to the Secretary, together with the
grant application, a plan for the collection and analysis of
data to identify in accordance with the framework established
under paragraph (2)--
``(i) the impacts of the project; and
``(ii) the accuracy of any forecast prepared during the
development phase of the project and included in the grant
application.
``(B) Contents.--A plan under subparagraph (A) shall
include--
``(i) an approach to measuring--
``(I) the criteria described in subsection (f)(2);
and
``(II) if applicable, the additional requirements
described in subsection (f)(3);
``(ii) an approach for analyzing the consistency of
predicted project characteristics with actual outcomes; and
``(iii) any other elements that the Secretary
determines to be necessary.
``(2) Framework.--The Secretary may publish a standardized
framework for the contents of the plans under paragraph (1), which
may include, as appropriate--
``(A) standardized forecasting and measurement approaches;
``(B) data storage system requirements; and
``(C) any other requirements the Secretary determines to be
necessary to carry out this section.
``(3) Multiyear grant agreements.--The Secretary shall require
an eligible entity, as a condition of receiving funding pursuant to
a multiyear grant agreement under the program, to collect
additional data to measure the impacts of the project and to
accurately track improvements made by the project, in accordance
with a plan described in paragraph (1).
``(4) Reports.--
``(A) Project baseline.--Before the date of completion of a
project for which a grant is provided under the program, the
eligible entity carrying out the project shall submit to the
Secretary a report providing baseline data for the purpose of
analyzing the long-term impact of the project in accordance
with the framework established under paragraph (2).
``(B) Updated report.--Not later than 6 years after the
date of completion of a project for which a grant is provided
under the program, the eligible entity carrying out the project
shall submit to the Secretary a report that compares the
baseline data included in the report under subparagraph (A) to
project data collected during the period--
``(i) beginning on the date that is 5 years after the
date of completion of the project; and
``(ii) ending on the date on which the updated report
is submitted.
``(h) Eligible Project Costs.--
``(1) In general.--An eligible entity may use a grant provided
under the program for--
``(A) development-phase activities and costs, including
planning, feasibility analysis, revenue forecasting,
alternatives analysis, data collection and analysis,
environmental review and activities to support environmental
review, preliminary engineering and design work, and other
preconstruction activities, including the preparation of a data
collection and post-construction analysis plan under subsection
(g); and
``(B) construction, reconstruction, rehabilitation,
acquisition of real property (including land relating to the
project and improvements to that land), environmental
mitigation (including projects to replace or rehabilitate
culverts or reduce stormwater runoff for the purpose of
improving habitat for aquatic species), construction
contingencies, acquisition of equipment, protection, and
operational improvements directly relating to the project.
``(2) Interest and other financing costs.--The interest and
other financing costs of carrying out any part of a project under a
multiyear grant agreement within a reasonable period of time shall
be considered to be an eligible project cost only if the applicable
eligible entity certifies to the Secretary that the eligible entity
has demonstrated reasonable diligence in seeking the most favorable
financing terms.
``(i) Cost Sharing.--
``(1) In general.--The total amount awarded for a project under
the program may not exceed 60 percent of the total eligible project
costs described in subsection (h).
``(2) Maximum federal involvement.--
``(A) In general.--Subject to subparagraph (B), Federal
assistance other than a grant awarded under the program may be
provided for a project for which a grant is awarded under the
program.
``(B) Limitation.--The total amount of Federal assistance
provided for a project for which a grant is awarded under the
program shall not exceed 80 percent of the total cost of the
project.
``(C) Non-federal share.--Secured loans or financing
provided under section 603 of title 23 or section 22402 of this
title and repaid with local funds or revenues shall be
considered to be part of the local share of the cost of a
project.
``(3) Application to multiyear agreements.--Notwithstanding any
other provision of this title, in any case in which amounts are
provided under the program pursuant to a multiyear agreement, the
disbursed Federal share of the cost of the project may exceed the
limitations described in paragraphs (1) and (2)(B) for 1 or more
years if the total amount of the Federal share of the cost of the
project, once completed, does not exceed those limitations.
``(j) Grant Agreements.--
``(1) In general.--A project for which an eligible entity
receives a multiyear grant under the program shall be carried out
in accordance with this subsection.
``(2) Terms.--A multiyear grant agreement under this subsection
shall--
``(A) establish the terms of Federal participation in the
applicable project;
``(B) establish the maximum amount of Federal financial
assistance for the project;
``(C) establish a schedule of anticipated Federal
obligations for the project that provides for obligation of the
full grant amount;
``(D) describe the period of time for completing the
project, regardless of whether that period extends beyond the
period of an authorization; and
``(E) facilitate timely and efficient management of the
applicable project by the eligible entity carrying out the
project, in accordance with applicable law.
``(3) Special rules.--
``(A) In general.--A multiyear grant agreement under this
subsection--
``(i) shall provide for the obligation of an amount of
available budget authority specified in law;
``(ii) may include a commitment, contingent on amounts
to be specified in law in advance for commitments under
this paragraph, to obligate an additional amount from
future available budget authority specified in law; and
``(iii) shall provide that any funds disbursed under
the program for the project before the completion of any
review required under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) may only cover costs
associated with development-phase activities described in
subsection (h)(1)(A).
``(B) Contingent commitment.--A contingent commitment under
this paragraph is not an obligation of the Federal Government,
including for purposes of section 1501 of title 31.
``(4) Single-year grants.--The Secretary may only provide to an
eligible entity a full grant under the program in a single year if
all reviews required under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) with respect to the applicable
project have been completed before the receipt of any program
funds.
``(k) Congressional Notification.--
``(1) In general.--Not later than 30 days before the date on
which the Secretary publishes the selection of projects to receive
grants under the program, the Secretary shall submit to the
Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House
of Representatives a written notice that includes--
``(A) a list of all project applications reviewed by the
Secretary as part of the selection process;
``(B) the rating assigned to each project under subsection
(f)(4);
``(C) an evaluation and justification with respect to each
project for which the Secretary will--
``(i) provide a grant under the program; and
``(ii) enter into a multiyear grant agreement under the
program;
``(D) a description of the means by which the Secretary
anticipates allocating among selected projects the amounts made
available to the Secretary to carry out the program; and
``(E) anticipated funding levels required for the 3 fiscal
years beginning after the date of submission of the notice for
projects selected for grants under the program, based on
information available to the Secretary as of that date.
``(2) Congressional disapproval.--The Secretary may not provide
a grant or any other obligation or commitment to fund a project
under the program if a joint resolution is enacted disapproving
funding for the project before the last day of the 30-day period
described in paragraph (1).
``(l) Reports.--
``(1) Transparency.--Not later than 60 days after the date on
which the grants are announced under the program, the Secretary
shall publish on the website of the Department a report that
includes--
``(A) a list of all project applications reviewed by the
Secretary as part of the selection process under the program;
``(B) the rating assigned to each project under subsection
(f)(4); and
``(C) a description of each project for which a grant has
been provided under the program.
``(2) Comptroller general.--
``(A) Assessment.--The Comptroller General of the United
States shall conduct an assessment of the administrative
establishment, solicitation, selection, and justification
process with respect to the funding of grants under the
program.
``(B) Report.--Not later than 18 months after the date on
which the initial grants are awarded for projects under the
program, the Comptroller General shall submit to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report that describes, as applicable--
``(i) the adequacy and fairness of the process by which
the projects were selected; and
``(ii) the justification and criteria used for the
selection of the projects.
``(m) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated to
the Secretary to carry out the program $2,000,000,000 for each of
fiscal years 2022 through 2026.
``(2) Other projects.--Of the amounts made available under
paragraph (1), 50 percent shall be set aside for projects that have
a project cost of--
``(A) more than $100,000,000; but
``(B) less than $500,000,000.
``(3) Administrative expenses.--Of the amounts made available
to carry out the program for each fiscal year, the Secretary may
reserve not more than 2 percent for the costs of--
``(A) administering and overseeing the program; and
``(B) hiring personnel for the program, including personnel
dedicated to processing permitting and environmental review
issues.
``(4) Transfer of authority.--The Secretary may transfer any
portion of the amounts reserved under paragraph (3) for a fiscal
year to the Administrator of any of the Federal Highway
Administration, the Federal Transit Administration, the Federal
Railroad Administration, or the Maritime Administration to award
and oversee grants in accordance with this section.
``(n) Additional Requirements.--
``(1) In general.--Each project that receives a grant under
this chapter shall achieve compliance with the applicable
requirements of--
``(A) subchapter IV of chapter 31 of title 40;
``(B) title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.); and
``(C) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
``(2) Modal requirements.--The Secretary shall, with respect to
a project funded by a grant under this section, apply--
``(A) the requirements of title 23 to a highway, road, or
bridge project;
``(B) the requirements of chapter 53 to a transit project;
and
``(C) the requirements of section 22905 to a rail project.
``(3) Multimodal projects.--
``(A) In general.--Except as otherwise provided in this
paragraph, if an eligible project is a multimodal project, the
Secretary shall--
``(i) determine the predominant modal component of the
project; and
``(ii) apply the applicable requirements described in
paragraph (2) of the predominant modal component to the
project.
``(B) Exceptions.--
``(i) Passenger or freight rail component.--The
requirements of section 22905 shall apply to any passenger
or freight rail component of a project.
``(ii) Public transportation component.--The
requirements of section 5333 shall apply to any public
transportation component of a project.''.
SEC. 21202. LOCAL AND REGIONAL PROJECT ASSISTANCE.
(a) In General.--Chapter 67 of subtitle III of title 49, United
States Code (as added by section 21201), is amended by adding at the
end the following:
``Sec. 6702. Local and regional project assistance
``(a) Definitions.--In this section:
``(1) Area of persistent poverty.--The term `area of persistent
poverty' means--
``(A) any county (or equivalent jurisdiction) in which,
during the 30-year period ending on the date of enactment of
this chapter, 20 percent or more of the population continually
lived in poverty, as measured by--
``(i) the 1990 decennial census;
``(ii) the 2000 decennial census; and
``(iii) the most recent annual small area income and
poverty estimate of the Bureau of the Census;
``(B) any census tract with a poverty rate of not less than
20 percent, as measured by the 5-year data series available
from the American Community Survey of the Bureau of the Census
for the period of 2014 through 2018; and
``(C) any territory or possession of the United States.
``(2) Eligible entity.--The term `eligible entity' means--
``(A) a State;
``(B) the District of Columbia;
``(C) any territory or possession of the United States;
``(D) a unit of local government;
``(E) a public agency or publicly chartered authority
established by 1 or more States;
``(F) a special purpose district or public authority with a
transportation function, including a port authority;
``(G) a federally recognized Indian Tribe or a consortium
of such Indian Tribes;
``(H) a transit agency; and
``(I) a multi-State or multijurisdictional group of
entities described in any of subparagraphs (A) through (H).
``(3) Eligible project.--The term `eligible project' means--
``(A) a highway or bridge project eligible for assistance
under title 23;
``(B) a public transportation project eligible for
assistance under chapter 53;
``(C) a passenger rail or freight rail transportation
project eligible for assistance under this title;
``(D) a port infrastructure investment, including--
``(i) inland port infrastructure; and
``(ii) a land port-of-entry;
``(E) the surface transportation components of an airport
project eligible for assistance under part B of subtitle VII;
``(F) a project for investment in a surface transportation
facility located on Tribal land, the title or maintenance
responsibility of which is vested in the Federal Government;
``(G) a project to replace or rehabilitate a culvert or
prevent stormwater runoff for the purpose of improving habitat
for aquatic species that will advance the goal of the program
described in subsection (b)(2); and
``(H) any other surface transportation infrastructure
project that the Secretary considers to be necessary to advance
the goal of the program.
``(4) Program.--The term `program' means the Local and Regional
Project Assistance Program established under subsection (b)(1).
``(5) Rural area.--The term `rural area' means an area that is
located outside of an urbanized area.
``(6) Secretary.--The term `Secretary' means the Secretary of
Transportation.
``(7) Urbanized area.--The term `urbanized area' means an area
with a population of more than 200,000 residents, based on the most
recent decennial census.
``(b) Establishment.--
``(1) In general.--The Secretary shall establish and carry out
a program, to be known as the `Local and Regional Project
Assistance Program', to provide for capital investments in surface
transportation infrastructure.
``(2) Goal.--The goal of the program shall be to fund eligible
projects that will have a significant local or regional impact and
improve transportation infrastructure.
``(c) Grants.--
``(1) In general.--In carrying out the program, the Secretary
may make grants to eligible entities, on a competitive basis, in
accordance with this section.
``(2) Amount.--Except as otherwise provided in this section,
each grant made under the program shall be in an amount equal to--
``(A) not less than $5,000,000 for an urbanized area;
``(B) not less than $1,000,000 for a rural area; and
``(C) not more than $25,000,000.
``(3) Limitation.--Not more than 15 percent of the funds made
available to carry out the program for a fiscal year may be awarded
to eligible projects in a single State during that fiscal year.
``(d) Selection of Eligible Projects.--
``(1) Notice of funding opportunity.--Not later than 60 days
after the date on which funds are made available to carry out the
program, the Secretary shall publish a notice of funding
opportunity for the funds.
``(2) Applications.--To be eligible to receive a grant under
the program, an eligible entity shall submit to the Secretary an
application--
``(A) in such form and containing such information as the
Secretary considers to be appropriate; and
``(B) by such date as the Secretary may establish, subject
to the condition that the date shall be not later than 90 days
after the date on which the Secretary issues the solicitation
under paragraph (1).
``(3) Primary selection criteria.--In awarding grants under the
program, the Secretary shall evaluate the extent to which a
project--
``(A) improves safety;
``(B) improves environmental sustainability;
``(C) improves the quality of life of rural areas or
urbanized areas;
``(D) increases economic competitiveness and opportunity,
including increasing tourism opportunities;
``(E) contributes to a state of good repair; and
``(F) improves mobility and community connectivity.
``(4) Additional selection criteria.--In selecting projects to
receive grants under the program, the Secretary shall take into
consideration the extent to which--
``(A) the project sponsors collaborated with other public
and private entities;
``(B) the project adopts innovative technologies or
techniques, including--
``(i) innovative technology;
``(ii) innovative project delivery techniques; and
``(iii) innovative project financing;
``(C) the project has demonstrated readiness; and
``(D) the project is cost effective.
``(5) Transparency.--
``(A) In general.--The Secretary, shall evaluate, through a
methodology that is discernible and transparent to the public,
the means by which each application submitted under paragraph
(2) addresses the criteria under paragraphs (3) and (4) or
otherwise established by the Secretary.
``(B) Publication.--The methodology under subparagraph (A)
shall be published by the Secretary as part of the notice of
funding opportunity under the program.
``(6) Awards.--Not later than 270 days after the date on which
amounts are made available to provide grants under the program for
a fiscal year, the Secretary shall announce the selection by the
Secretary of eligible projects to receive the grants in accordance
with this section.
``(7) Technical assistance.--
``(A) In general.--On request of an eligible entity that
submitted an application under paragraph (2) for a project that
is not selected to receive a grant under the program, the
Secretary shall provide to the eligible entity technical
assistance and briefings relating to the project.
``(B) Treatment.--Technical assistance provided under this
paragraph shall not be considered a guarantee of future
selection of the applicable project under the program.
``(e) Federal Share.--
``(1) In general.--Except as provided in paragraph (2), the
Federal share of the cost of an eligible project carried out using
a grant provided under the program shall not exceed 80 percent.
``(2) Exception.--The Federal share of the cost of an eligible
project carried out in a rural area, a historically disadvantaged
community, or an area of persistent poverty using a grant under
this subsection may exceed 80 percent, at the discretion of the
Secretary.
``(3) Treatment of other federal funds.--Amounts provided under
any of the following programs shall be considered to be a part of
the non-Federal share for purposes of this subsection:
``(A) The tribal transportation program under section 202
of title 23.
``(B) The Federal lands transportation program under
section 203 of title 23.
``(C) The TIFIA program (as defined in section 601(a) of
title 23).
``(D) The Railroad Rehabilitation and Improvement Financing
Program under chapter 224.
``(f) Other Considerations.--
``(1) In general.--Of the total amount made available to carry
out the program for each fiscal year--
``(A) not more than 50 percent shall be allocated for
eligible projects located in rural areas; and
``(B) not more than 50 percent shall be allocated for
eligible projects located in urbanized areas.
``(2) Historically disadvantaged communities and areas of
persistent poverty.--Of the total amount made available to carry
out the program for each fiscal year, not less than 1 percent shall
be awarded for projects in historically disadvantaged communities
or areas of persistent poverty.
``(3) Multimodal and geographical considerations.--In selecting
projects to receive grants under the program, the Secretary shall
take into consideration geographical and modal diversity.
``(g) Project Planning.--Of the amounts made available to carry out
the program for each fiscal year, not less than 5 percent shall be made
available for the planning, preparation, or design of eligible
projects.
``(h) Transfer of Authority.--Of the amounts made available to
carry out the program for each fiscal year, the Secretary may transfer
not more than 2 percent for a fiscal year to the Administrator of any
of the Federal Highway Administration, the Federal Transit
Administration, the Federal Railroad Administration, or the Maritime
Administration to award and oversee grants and credit assistance in
accordance with this section.
``(i) Credit Program Costs.--
``(1) In general.--Subject to paragraph (2), at the request of
an eligible entity, the Secretary may use a grant provided to the
eligible entity under the program to pay the subsidy or credit risk
premium, and the administrative costs, of an eligible project that
is eligible for Federal credit assistance under--
``(A) chapter 224; or
``(B) chapter 6 of title 23.
``(2) Limitation.--Not more than 20 percent of the funds made
available to carry out the program for a fiscal year may be used to
carry out paragraph (1).
``(j) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,500,000,000 for each of
fiscal years 2022 through 2026, to remain available for a period of 3
fiscal years following the fiscal year for which the amounts are
appropriated.
``(k) Reports.--
``(1) Annual report.--The Secretary shall make available on the
website of the Department of Transportation at the end of each
fiscal year an annual report that describes each eligible project
for which a grant was provided under the program during that fiscal
year.
``(2) Comptroller general.--Not later than 1 year after the
date on which the initial grants are awarded for eligible projects
under the program, the Comptroller General of the United States
shall--
``(A) review the administration of the program, including--
``(i) the solicitation process; and
``(ii) the selection process, including--
``(I) the adequacy and fairness of the process; and
``(II) the selection criteria; and
``(B) submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report describing the findings of the review
under subparagraph (A), including recommendations for improving
the administration of the program, if any.''.
(b) Study.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General of the United States shall conduct,
and submit to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives a report describing the results of, a
study of how changes to Federal share matching requirements and
selection criteria, such as using State population data in Department
discretionary programs, may impact the allocations made to States.
(c) Clerical Amendment.--The analysis for subtitle III of title 49,
United States Code, is amended by adding at the end the following:
``CHAPTER 67--Multimodal Infrastructure Investments
``6701. National infrastructure project assistance.
``6702. Local and regional project assistance.''.
SEC. 21203. NATIONAL CULVERT REMOVAL, REPLACEMENT, AND RESTORATION
GRANT PROGRAM.
(a) In General.--Chapter 67 of title 49, United States Code (as
amended by section 21202(a)), is amended by adding at the end the
following:
``Sec. 6703. National culvert removal, replacement, and restoration
grant program
``(a) Definitions.--In this section:
``(1) Director.--The term `Director' means the Director of the
United States Fish and Wildlife Service.
``(2) Indian tribe.--The term `Indian Tribe' has the meaning
given the term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
``(3) Program.--The term `program' means the annual competitive
grant program established under subsection (b).
``(4) Secretary.--The term `Secretary' means the Secretary of
Transportation.
``(5) Undersecretary.--The term `Undersecretary' means the
Undersecretary of Commerce for Oceans and Atmosphere.
``(b) Establishment.--The Secretary, in consultation with the
Undersecretary, shall establish an annual competitive grant program to
award grants to eligible entities for projects for the replacement,
removal, and repair of culverts or weirs that--
``(1) would meaningfully improve or restore fish passage for
anadromous fish; and
``(2) with respect to weirs, may include--
``(A) infrastructure to facilitate fish passage around or
over the weir; and
``(B) weir improvements.
``(c) Eligible Entities.--An entity eligible to receive a grant
under the program is--
``(1) a State;
``(2) a unit of local government; or
``(3) an Indian Tribe.
``(d) Grant Selection Process.--The Secretary, in consultation with
the Undersecretary and the Director, shall establish a process for
determining criteria for awarding grants under the program, subject to
subsection (e).
``(e) Prioritization.--The Secretary, in consultation with the
Undersecretary and the Director, shall establish procedures to
prioritize awarding grants under the program to--
``(1) projects that would improve fish passage for--
``(A) anadromous fish stocks listed as an endangered
species or a threatened species under section 4 of the
Endangered Species Act of 1973 (16 U.S.C. 1533);
``(B) anadromous fish stocks identified by the
Undersecretary or the Director that could reasonably become
listed as an endangered species or a threatened species under
that section;
``(C) anadromous fish stocks identified by the
Undersecretary or the Director as prey for endangered species,
threatened species, or protected species, including Southern
resident orcas (Orcinus orcas); or
``(D) anadromous fish stocks identified by the
Undersecretary or the Director as climate resilient stocks; and
``(2) projects that would open up more than 200 meters of
upstream habitat before the end of the natural habitat.
``(f) Federal Share.--The Federal share of the cost of a project
carried out with a grant to a State or a unit of local government under
the program shall be not more than 80 percent.
``(g) Technical Assistance.--The Secretary, in consultation with
the Undersecretary and the Director, shall develop a process to provide
technical assistance to Indian Tribes and underserved communities to
assist in the project design and grant process and procedures.
``(h) Administrative Expenses.--Of the amounts made available for
each fiscal year to carry out the program, the Secretary, the
Undersecretary, and the Director may use not more than 2 percent to pay
the administrative expenses necessary to carry out this section.
``(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out the program $800,000,000 for each of fiscal
years 2022 through 2026.''.
(b) Clerical Amendment.--The analysis for chapter 67 of title 49,
United States Code (as added by section 21202(c)), is amended by adding
at the end the following:
``6703. National culvert removal, replacement, and restoration grant
program.''.
SEC. 21204. NATIONAL MULTIMODAL COOPERATIVE FREIGHT RESEARCH PROGRAM.
(a) In General.--Chapter 702 of title 49, United States Code (as
amended by section 21106(a)), is amended by inserting after section
70204 the following:
``Sec. 70205. National multimodal cooperative freight research program
``(a) Establishment.--Not later than 1 year after the date of
enactment of this section, the Secretary of Transportation (referred to
in this section as the `Secretary') shall establish and support a
national cooperative freight transportation research program.
``(b) Administration by National Academy of Sciences.--
``(1) In general.--The Secretary shall enter into an agreement
with the National Academy of Sciences to support and carry out
administrative and management activities under the program
established under subsection (a).
``(2) Advisory committee.--To assist the National Academy of
Sciences in carrying out this subsection, the National Academy
shall establish an advisory committee, the members of which
represent a cross-section of multimodal freight stakeholders,
including--
``(A) the Department of Transportation and other relevant
Federal departments and agencies;
``(B) State (including the District of Columbia)
departments of transportation;
``(C) units of local government, including public port
authorities;
``(D) nonprofit entities;
``(E) institutions of higher education;
``(F) labor organizations representing employees in freight
industries; and
``(G) private sector entities representing various
transportation modes.
``(c) Activities.--
``(1) National research agenda.--
``(A) In general.--The advisory committee established under
subsection (b)(2), in consultation with interested parties,
shall recommend a national research agenda for the program in
accordance with subsection (d), which shall include a multiyear
strategic plan.
``(B) Action by interested parties.--For purposes of
subparagraph (A), an interested party may--
``(i) submit to the advisory committee research
proposals;
``(ii) participate in merit reviews of research
proposals and peer reviews of research products; and
``(iii) receive research results.
``(2) Research contracts and grants.--
``(A) In general.--The National Academy of Sciences may
award research contracts and grants under the program
established under subsection (a) through--
``(i) open competition; and
``(ii) merit review, conducted on a regular basis.
``(B) Evaluation.--
``(i) Peer review.--A contract or grant for research
under subparagraph (A) may allow peer review of the
research results.
``(ii) Programmatic evaluations.--The National Academy
of Sciences may conduct periodic programmatic evaluations
on a regular basis of a contract or grant for research
under subparagraph (A).
``(C) Dissemination of findings.--The National Academy of
Sciences shall disseminate the findings of any research
conducted under this paragraph to relevant researchers,
practitioners, and decisionmakers through--
``(i) conferences and seminars;
``(ii) field demonstrations;
``(iii) workshops;
``(iv) training programs;
``(v) presentations;
``(vi) testimony to government officials;
``(vii) publicly accessible websites;
``(viii) publications for the general public; and
``(ix) other appropriate means.
``(3) Report.--Not later than 1 year after the date of
establishment of the program under subsection (a), and annually
thereafter, the Secretary shall make available on a public website
a report that describes the ongoing research and findings under the
program.
``(d) Areas for Research.--The national research agenda under
subsection (c)(1) shall consider research in the following areas:
``(1) Improving the efficiency and resiliency of freight
movement, including--
``(A) improving the connections between rural areas and
domestic and foreign markets;
``(B) maximizing infrastructure utility, including
improving urban curb-use efficiency;
``(C) quantifying the national impact of blocked railroad
crossings;
``(D) improved techniques for estimating and quantifying
public benefits derived from freight transportation projects;
and
``(E) low-cost methods to reduce congestion at bottlenecks.
``(2) Adapting to future trends in freight, including--
``(A) considering the impacts of e-commerce;
``(B) automation; and
``(C) zero-emissions transportation.
``(3) Workforce considerations in freight, including--
``(A) diversifying the freight transportation industry
workforce; and
``(B) creating and transitioning a workforce capable of
designing, deploying, and operating emerging technologies.
``(e) Federal Share.--
``(1) In general.--The Federal share of the cost of an activity
carried out under this section shall be up to 100 percent.
``(2) Use of non-federal funds.--In addition to using funds
made available to carry out this section, the National Academy of
Sciences may seek and accept additional funding from public and
private entities capable of accepting funding from the Department
of Transportation, States, units of local government, nonprofit
entities, and the private sector.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary $3,750,000 for each fiscal year to carry
out the program established under subsection (a), to remain available
until expended.
``(g) Sunset.--The program established under subsection (a) shall
terminate 5 years after the date of enactment of this section.''.
(b) Clerical Amendment.--The analysis for chapter 702 of title 49,
United States Code (as amended by section 21106(b)), is amended by
inserting after the item relating to section 70204 the following:
``70205. National multimodal cooperative freight research program.''.
SEC. 21205. RURAL AND TRIBAL INFRASTRUCTURE ADVANCEMENT.
(a) Definitions.--In this section:
(1) Build america bureau.--The term ``Build America Bureau''
means the National Surface Transportation and Innovative Finance
Bureau established under section 116 of title 49, United States
Code.
(2) Eligible entity.--The term ``eligible entity'' means--
(A) a unit of local government or political subdivision
that is located outside of an urbanized area with a population
of more than 150,000 residents, as determined by the Bureau of
the Census;
(B) a State seeking to advance a project located in an area
described in subparagraph (A);
(C) a federally recognized Indian Tribe; and
(D) the Department of Hawaiian Home Lands.
(3) Eligible program.--The term ``eligible program'' means any
program described in--
(A) subparagraph (A) or (B) of section 116(d)(1) of title
49, United States Code;
(B) section 118(d)(3)(A) of that title (as added by section
21101(a)); or
(C) chapter 67 of that title (as added by section 21201).
(4) Pilot program.--The term ``pilot program'' means the Rural
and Tribal Assistance Pilot Program established under subsection
(b)(1).
(b) Establishment.--
(1) In general.--The Secretary shall establish within the Build
America Bureau a pilot program, to be known as the ``Rural and
Tribal Assistance Pilot Program'', to provide to eligible entities
the assistance and information described in paragraph (2).
(2) Assistance and information.--In carrying out the pilot
program, the Secretary may provide to an eligible entity the
following:
(A) Financial, technical, and legal assistance to evaluate
potential projects reasonably expected to be eligible to
receive funding or financing assistance under an eligible
program.
(B) Assistance with development-phase activities,
including--
(i) project planning;
(ii) feasibility studies;
(iii) revenue forecasting and funding and financing
options analyses;
(iv) environmental review;
(v) preliminary engineering and design work;
(vi) economic assessments and cost-benefit analyses;
(vii) public benefit studies;
(viii) statutory and regulatory framework analyses;
(ix) value for money studies;
(x) evaluations of costs to sustain the project;
(xi) evaluating opportunities for private financing and
project bundling; and
(xii) any other activity determined to be appropriate
by the Secretary.
(C) Information regarding innovative financing best
practices and case studies, if the eligible entity is
interested in using innovative financing methods.
(c) Assistance From Expert Firms.--The Secretary may retain the
services of expert firms, including counsel, in the field of municipal
and project finance to assist in providing financial, technical, and
legal assistance to eligible entities under the pilot program.
(d) Website.--
(1) Description of pilot program.--
(A) In general.--The Secretary shall make publicly
available on the website of the Department a description of the
pilot program, including--
(i) the resources available to eligible entities under
the pilot program; and
(ii) the application process established under
paragraph (2)(A).
(B) Clearinghouse.--The Secretary may establish a
clearinghouse for tools, templates, and best practices on the
page of the website of the Department that contains the
information described in subparagraph (A).
(2) Applications.--
(A) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish a process
by which an eligible entity may submit to the Secretary an
application under the pilot program, in such form and
containing such information as the Secretary may require.
(B) Online portal.--The Secretary shall develop and make
available to the public an online portal through which the
Secretary may receive applications under subparagraph (A), on a
rolling basis.
(C) Approval.--
(i) In general.--Not later than 60 days after the date
on which the Secretary receives a complete application
under subparagraph (A), the Secretary shall provide to each
eligible entity that submitted the application a notice
describing whether the application is approved or
disapproved.
(ii) Additional written notification.--
(I) In general.--Not later than 30 days after the
date on which the Secretary provides to an eligible
entity a notification under clause (i), the Secretary
shall provide to the eligible entity an additional
written notification of the approval or disapproval of
the application.
(II) Disapproved applications.--If the application
of an eligible entity is disapproved under this
subparagraph, the additional written notification
provided to the eligible entity under subclause (I)
shall include an offer for a written or telephonic
debrief by the Secretary that will provide an
explanation of, and guidance regarding, the reasons why
the application was disapproved.
(iii) Insufficient applications.--The Secretary shall
not approve an application under this subparagraph if the
application fails to meet the applicable criteria
established under this section.
(3) Dashboard.--The Secretary shall publish on the website of
the Department a monthly report that includes, for each application
received under the pilot program--
(A) the type of eligible entity that submitted the
application;
(B) the location of each potential project described in the
application;
(C) a brief description of the assistance requested;
(D) the date on which the Secretary received the
application; and
(E) the date on which the Secretary provided the notice of
approval or disapproval under paragraph (2)(C)(i).
(e) Experts.--An eligible entity that receives assistance under the
pilot program may retain the services of an expert for any phase of a
project carried out using the assistance, including project
development, regardless of whether the expert is retained by the
Secretary under subsection (c).
(f) Funding.--
(1) In general.--For each of fiscal years 2022 through 2026,
the Secretary may use to carry out the pilot program, including to
retain the services of expert firms under subsection (c), any
amount made available to the Secretary to provide credit assistance
under an eligible program that is not otherwise obligated, subject
to paragraph (2).
(2) Limitation.--The amount used under paragraph (1) to carry
out the pilot program shall be not more than--
(A) $1,600,000 for fiscal year 2022;
(B) $1,800,000 for fiscal year 2023;
(C) $2,000,000 for fiscal year 2024;
(D) $2,200,000 for fiscal year 2025; and
(E) $2,400,000 for fiscal year 2026.
(3) Geographical distribution.--Not more than 20 percent of the
funds made available to carry out the pilot program for a fiscal
year may be used for projects in a single State during that fiscal
year.
(g) Sunset.--The pilot program shall terminate on the date that is
5 years after the date of enactment of this Act.
(h) Nonapplicability.--Nothing in this section limits the ability
of the Build America Bureau or the Secretary to establish or carry out
any other assistance program under title 23 or title 49, United States
Code.
(i) Administration by Build America Bureau.--Section 116(d)(1) of
title 49, United States Code (as amended by section 21101(d)(4)), is
amended by adding at the end the following:
``(D) The Rural and Tribal Assistance Pilot Program
established under section 21205(b)(1) of the Surface
Transportation Investment Act of 2021.''.
Subtitle C--Railroad Rehabilitation and Improvement Financing Reforms
SEC. 21301. RRIF CODIFICATION AND REFORMS.
(a) Codification of Title V of the Railroad Revitalization and
Regulatory Reform Act of 1976.--Part B of subtitle V of title 49,
United States Code, is amended--
(1) by inserting after chapter 223 the following chapter
analysis:
``Chapter 224--Railroad Rehabilitation and Improvement Financing
``Sec.
``22401. Definitions.
``22402. Direct loans and loan guarantees.
``22403. Administration of direct loans and loan guarantees.
``22404. Employee protection.
``22405. Substantive criteria and standards.
``22406. Authorization of appropriations.'';
(2) by inserting after the chapter analysis the following
section headings:
``Sec. 22401. Definitions
``Sec. 22402. Direct loans and loan guarantees
``Sec. 22403. Administration of direct loans and loan guarantees
``Sec. 22404. Employee protection'';
(3) by inserting after the section heading for section 22401,
as added by paragraph (2), the text of section 501 of the Railroad
Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821);
(4) by inserting after the section heading for section 22402,
as added by paragraph (2), the text of section 502 of the Railroad
Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822);
(5) by inserting after the section heading for section 22403,
as added by paragraph (2), the text of section 503 of the Railroad
Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 823);
and
(6) by inserting after the section heading for section 22404,
as added by paragraph (2), the text of section 504 of the Railroad
Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 836).
(b) Conforming Repeals.--
(1) Repeals.--
(A) Sections 501, 502, 503, and 504 of the Railroad
Revitalization and Regulatory Reform Act of 1976 (45 U.S.C.
821, 822, 823, and 836) are repealed.
(B) Section 9003(j) of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users (45
U.S.C. 822 note) is repealed.
(2) Savings provision.--The repeals under paragraph (1) shall
not affect the rights and duties that matured under the repealed
sections, the penalties that were incurred under such sections, or
any proceeding authorized under any such section that commenced
before the date of enactment of this Act.
(c) Definitions.--
(1) Headings.--Section 22401 of title 49, United States Code,
as added by subsection (a)(2), and amended by subsection (a)(3), is
further amended--
(A) in paragraph (1)--
(i) by striking ``(1)(A) The'' and inserting the
following:
``(1) Cost.--
``(A) The''; and
(ii) by indenting subparagraphs (B) through (F)
appropriately; and
(B) in each of paragraphs (2) through (14), by inserting a
paragraph heading, the text of which is comprised of the term
defined in the paragraph.
(2) Other technical amendments.--Section 22401 of title 49,
United States Code, as added by subsection (a)(2), and amended by
subsection (a)(3) and paragraph (1) of this subsection, is further
amended--
(A) in the matter preceding paragraph (1), by striking
``For purposes of this title:'' and inserting ``In this
chapter:'';
(B) in paragraph (11), by striking ``under this title'' and
inserting ``under this chapter'';
(C) by amending paragraph (12) to read as follows:
``(12) Railroad.--The term `railroad' includes--
``(A) any railroad or railroad carrier (as such terms are
defined in section 20102); and
``(B) any rail carrier (as defined in section 24102).'';
(D) by redesignating paragraph (14) as paragraph (15); and
(E) by inserting after paragraph (13) the following:
``(14) Secretary.--The term `Secretary' means the Secretary of
Transportation.''.
(d) Direct Loans and Loan Guarantees.--Section 22402 of title 49,
United States Code, as added by subsection (a)(2), and amended by
subsection (a)(4), is further amended--
(1) in subsection (a)--
(A) in paragraph (2), by inserting ``entities
implementing'' before ``interstate compacts'';
(B) in paragraph (5)--
(i) by inserting ``entities participating in'' before
``joint ventures''; and
(ii) by striking ``and'' at the end; and
(C) by striking paragraph (6) and inserting the following:
``(6) limited option freight shippers that own or operate a
plant or other facility, solely for the purpose of constructing a
rail connection between a plant or facility and a railroad; and
``(7) private entities with controlling ownership in 1 or more
freight railroads other than Class I carriers.'';
(2) in subsection (b)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--Direct loans and loan guarantees authorized
under this section shall be used--
``(A) to acquire, improve, or rehabilitate intermodal or
rail equipment or facilities, including track, components of
track, cuts and fills, stations, tunnels, bridges, yards,
buildings, and shops, and to finance costs related to those
activities, including pre-construction costs;
``(B) to develop or establish new intermodal or railroad
facilities;
``(C) to develop landside port infrastructure for seaports
serviced by rail;
``(D) to refinance outstanding debt incurred for the
purposes described in subparagraph (A) , (B), or (C);
``(E) to reimburse planning, permitting, and design
expenses relating to activities described in subparagraph (A),
(B), or (C); or
``(F) to finance economic development, including commercial
and residential development, and related infrastructure and
activities, that--
``(i) incorporates private investment of greater than
20 percent of total project costs;
``(ii) is physically connected to, or is within \1/2\
mile of, a fixed guideway transit station, an intercity bus
station, a passenger rail station, or a multimodal station,
provided that the location includes service by a railroad;
``(iii) demonstrates the ability of the applicant to
commence the contracting process for construction not later
than 90 days after the date on which the direct loan or
loan guarantee is obligated for the project under this
chapter; and
``(iv) demonstrates the ability to generate new revenue
for the relevant passenger rail station or service by
increasing ridership, increasing tenant lease payments, or
carrying out other activities that generate revenue
exceeding costs.''; and
(B) by striking paragraph (3);
(3) in subsection (c)--
(A) in paragraph (1), by striking ``of title 49, United
States Code''; and
(B) in paragraph (5), by striking ``title 49, United States
Code,'' and inserting ``this title'';
(4) in subsection (e), by amending paragraph (1) to read as
follows:
``(1) Direct loans.--The interest rate on a direct loan under
this section shall be not less than the yield on United States
Treasury securities of a similar maturity to the maturity of the
secured loan on the date of execution of the loan agreement.'';
(5) in subsection (f)--
(A) in paragraph (3)--
(i) in the matter preceding subparagraph (A)--
(I) by striking ``An applicant may propose and''
and inserting ``Upon receipt of a proposal from an
applicant under this section,''; and
(II) by striking ``tangible asset'' and inserting
``collateral described in paragraph (6)'';
(ii) in subparagraph (B)(ii), by inserting ``,
including operating or tenant charges, facility rents, or
other fees paid by transportation service providers or
operators for access to, or the use of, infrastructure,
including rail lines, bridges, tunnels, yards, or
stations'' after ``user fees'';
(iii) in subparagraph (C), by striking ``$75,000,000''
and inserting ``$150,000,000''; and
(iv) by adding at the end the following:
``(D) Revenue from projected freight or passenger demand
for the project based on regionally developed economic
forecasts, including projections of any modal diversion
resulting from the project.''; and
(B) by adding at the end the following:
``(5) Cohorts of loans.--Subject to the availability of funds
appropriated by Congress under section 22406(a)(2), for any direct
loan issued before the date of enactment of the Fixing America's
Surface Transportation Act (Public Law 114-94) pursuant to sections
501 through 504 of the Railroad Revitalization and Regulatory
Reform Act of 1976 (Public Law 94-210), the Secretary shall repay
the credit risk premiums of such loan, with interest accrued
thereon, not later than--
``(A) 60 days after the date of enactment of the Surface
Transportation Investment Act of 2021 if the borrower has
satisfied all obligations attached to such loan; or
``(B) if the borrower has not yet satisfied all obligations
attached to such loan, 60 days after the date on which all
obligations attached to such loan have been satisfied.
``(6) Collateral.--
``(A) Types of collateral.--An applicant or infrastructure
partner may propose tangible and intangible assets as
collateral, exclusive of goodwill. The Secretary, after
evaluating each such asset--
``(i) shall accept a net liquidation value of
collateral; and
``(ii) shall consider and may accept--
``(I) the market value of collateral; or
``(II) in the case of a blanket pledge or
assignment of an entire operating asset or basket of
assets as collateral, the market value of assets, or,
the market value of the going concern, considering--
``(aa) inclusion in the pledge of all the
assets necessary for independent operational
utility of the collateral, including tangible
assets such as real property, track and structure,
motive power, equipment and rolling stock,
stations, systems and maintenance facilities and
intangible assets such as long-term shipping
agreements, easements, leases and access rights
such as for trackage and haulage;
``(bb) interchange commitments; and
``(cc) the value of the asset as determined
through the cost or market approaches, or the
market value of the going concern, with the latter
considering discounted cash flows for a period not
to exceed the term of the direct loan or loan
guarantee.
``(B) Appraisal standards.--In evaluating appraisals of
collateral under subparagraph (A), the Secretary shall
consider--
``(i) adherence to the substance and principles of the
Uniform Standards of Professional Appraisal Practice, as
developed by the Appraisal Standards Board of the Appraisal
Foundation; and
``(ii) the qualifications of the appraisers to value
the type of collateral offered.
``(7) Repayment of credit risk premiums.--The Secretary shall
return credit risk premiums paid, and interest accrued on such
premiums, to the original source when all obligations of a loan or
loan guarantee have been satisfied. This paragraph applies to any
project that has been granted assistance under this section after
the date of enactment of the Surface Transportation Investment Act
of 2021.'';
(6) in subsection (g), by amending paragraph (1) the read as
follows:
``(1) repayment of the obligation is required to be made within
a term that is not longer than the shorter of--
``(A) 75 years after the date of substantial completion of
the project;
``(B) the estimated useful life of the rail equipment or
facilities to be acquired, rehabilitated, improved, developed,
or established, subject to an adequate determination of long-
term risk; or
``(C) for projects determined to have an estimated useful
life that is longer than 35 years, the period that is equal to
the sum of--
``(i) 35 years; and
``(ii) the product of--
``(I) the difference between the estimated useful
life and 35 years; multiplied by
``(II) 75 percent.'';
(7) in subsection (h)--
(A) in paragraph (3)--
(i) in subparagraph (A)--
(I) by striking ``of title 49, United States
Code'';
(II) by striking ``the National Railroad Passenger
Corporation'' and inserting ``Amtrak''; and
(III) by striking ``of that title''; and
(ii) in subparagraph (B), by striking ``section 504 of
this Act'' and inserting ``section 22404''; and
(B) in paragraph (4), by striking ``(b)(1)(E)'' and
inserting ``(b)(1)(F)'';
(8) in subsection (i)--
(A) by amending paragraph (4) to read as follows:
``(4) Streamlined application review process.--
``(A) In general.--Not later than 180 days after the date
of enactment of the Surface Transportation Investment Act of
2021, the Secretary shall implement procedures and measures to
economize and make available an streamlined application process
or processes at the request of applicants seeking loans or loan
guarantees.
``(B) Criteria.--Applicants seeking loans and loan
guarantees under this section shall--
``(i) seek a total loan or loan guarantee value not
exceeding $150,000,000;
``(ii) meet eligible project purposes described in
subparagraphs (A) and (B) of subsection (b)(1); and
``(iii) meet other criteria considered appropriate by
the Secretary, in consultation with the Council on Credit
and Finance of the Department of Transportation.
``(C) Expedited credit review.--The total period between
the submission of an application and the approval or
disapproval of an application for a direct loan or loan
guarantee under this paragraph may not exceed 90 days. If an
application review conducted under this paragraph exceeds 90
days, the Secretary shall--
``(i) provide written notice to the applicant,
including a justification for the delay and updated
estimate of the time needed for approval or disapproval;
and
``(ii) publish the notice on the dashboard described in
paragraph (5).'';
(B) in paragraph (5)--
(i) in subparagraph (E), by striking ``and'' at the
end;
(ii) in subparagraph (F), by adding ``; and'' at the
end; and
(iii) by adding at the end the following:
``(G) whether the project utilized the streamlined
application process under paragraph (4).''; and
(C) by adding at the end the following:
``(6) Creditworthiness review status.--
``(A) In general.--The Secretary shall maintain status
information related to each application for a loan or loan
guarantee, which shall be provided to the applicant upon
request, including--
``(i) the total value of the proposed loan or loan
guarantee;
``(ii) the name of the applicant or applicants
submitting the application;
``(iii) the proposed capital structure of the project
to which the loan or loan guarantee would be applied,
including the proposed Federal and non-Federal shares of
the total project cost;
``(iv) the type of activity to receive credit
assistance, including whether the project is new
construction, the rehabilitation of existing rail equipment
or facilities, or the refinancing an existing loan or loan
guarantee;
``(v) if a deferred payment is proposed, the length of
such deferment;
``(vi) the credit rating or ratings provided for the
applicant;
``(vii) if other credit instruments are involved, the
proposed subordination relationship and a description of
such other credit instruments;
``(viii) a schedule for the readiness of proposed
investments for financing;
``(ix) a description of any Federal permits required,
including under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) and any waivers under section
5323(j) (commonly known as the `Buy America Act');
``(x) other characteristics of the proposed activity to
be financed, borrower, key agreements, or the nature of the
credit that the Secretary considers to be fundamental to
the creditworthiness review;
``(xi) the status of the application in the pre-
application review and selection process;
``(xii) the cumulative amounts paid by the Secretary to
outside advisors related to the application, including
financial and legal advisors;
``(xiii) a description of the key rating factors used
by the Secretary to determine credit risk, including--
``(I) the factors used to determine risk for the
proposed application;
``(II) an adjectival risk rating for each
identified factor, ranked as either low, moderate, or
high;
``(xiv) a nonbinding estimate of the credit risk
premium, which may be in the form of--
``(I) a range, based on the assessment of risk
factors described in clause (xiii); or
``(II) a justification for why the estimate of the
credit risk premium cannot be determined based on
available information; and
``(xv) a description of the key information the
Secretary needs from the applicant to complete the credit
review process and make a final determination of the credit
risk premium.
``(B) Report upon request.--The Secretary shall provide the
information described in subparagraph (A) not later than 30
days after a request from the applicant.
``(C) Exception.--Applications processed using the
streamlined application review process under paragraph (4) are
not subject to the requirements under this paragraph.'';
(9) in subsection (l)(2)(A)(iii), by striking ``under this
title'' and inserting ``under this chapter'';
(10) in subsection (m)(1), by striking ``under this title'' and
inserting ``under this chapter''; and
(11) by adding at the end the following:
``(n) Non-Federal Share.--The proceeds of a loan provided under
this section may be used as the non-Federal share of project costs for
any grant program administered by the Secretary if such loan is
repayable from non-Federal funds.''.
(e) Administration of Direct Loans and Loan Guarantees.--Section
22403 of title 49, United States Code, as added by subsection (a)(2),
and amended by subsection (a)(5), is further amended--
(1) in subsection (a)--
(A) by striking ``The Secretary shall'' and inserting the
following:
``(1) In general.--The Secretary shall'';
(B) in paragraph (1), as designated by subparagraph (A), by
striking ``section 502'' and inserting ``section 22402''; and
(C) by adding at the end the following:
``(2) Documentation.--An applicant meeting the size standard
for small business concerns established under section 3(a)(2) of
the Small Business Act (15 U.S.C. 632(a)(2)) may provide unaudited
financial statements as documentation of historical financial
information if such statements are accompanied by the applicant's
Federal tax returns and Internal Revenue Service tax verifications
for the corresponding years.'';
(2) in subsection (d)(3), by striking ``section 502(f)'' and
inserting ``section 22402(f)'';
(3) in subsection (l)(3)(B), by striking ``serving a direct
loan'' and inserting ``servicing a direct loan''; and
(4) in each of subsections (b) through (m), as applicable--
(A) by striking ``section 502'' each place it appears and
inserting ``section 22402''; and
(B) by striking ``this title'' each place it appears and
inserting ``this chapter''.
(f) Employee Protection.--Section 22404 of title 49, United States
Code, as added by subsection (a)(2), and amended by subsection (a)(6),
is further amended--
(1) in subsection (a)--
(A) by striking ``not otherwise protected under title V of
the Regional Rail Reorganization Act of 1973 (45 U.S.C. 771 et
seq.),'';
(B) by striking ``under this title'' and inserting ``under
this chapter'';
(C) by striking ``within 120 days after the date of
enactment of this title'' and inserting ``not later than 120
days after February 5, 1976''; and
(D) by striking ``within 150 days after the date of
enactment of this title'' and inserting ``not later than 150
days after February 5, 1976'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``applicable financial assistance under
this title'' and inserting ``applicable financial
assistance under this chapter''; and
(ii) by striking ``from financial assistance under this
title'' and inserting ``from financial assistance under
this chapter'';
(B) in paragraph (3), by striking ``under this title'' and
inserting ``under this chapter''; and
(C) in paragraph (4), by striking ``to this title'' and
inserting ``to this chapter''; and
(3) in subsection (c), by striking ``to this title'' and
inserting ``to this chapter''.
(g) Substantive Criteria and Standards.--Chapter 224 of title 49,
United States Code, as added by subsection (a), and amended by
subsections (c) through (f), is further amended by adding at the end
the following:
``Sec. 22405. Substantive criteria and standards
``The Secretary shall--
``(1) publish in the Federal Register and post on a website of
the Department of Transportation the substantive criteria and
standards used by the Secretary to determine whether to approve or
disapprove applications submitted under section 22402; and
``(2) ensure that adequate procedures and guidelines are in
place to permit the filing of complete applications not later than
30 days after the publication referred to in paragraph (1).''.
(h) Authorization of Appropriations.--Chapter 224 of title 49,
United States Code, as added by subsection (a), and amended by
subsections (c) through (g), is further amended by adding at the end
the following:
``Sec. 22406. Authorization of appropriations.
``(a) Authorization.--
``(1) In general.--There is authorized to be appropriated for
credit assistance under this chapter, which shall be provided at
the discretion of the Secretary, $50,000,000 for each of fiscal
years 2022 through 2026.
``(2) Refund of premium.--There is authorized to be
appropriated to the Secretary $70,000,000 to repay the credit risk
premium in accordance with section 22402(f)(5).
``(3) Availability.--Amounts appropriated pursuant to this
subsection shall remain available until expended.
``(b) Use of Funds.--
``(1) In general.--Credit assistance provided under subsection
(a) may not exceed $20,000,000 for any loan or loan guarantee.
``(2) Administrative costs.--Not less than 3 percent of the
amounts appropriated pursuant to subsection (a) in each fiscal year
shall be made available to the Secretary for use in place of
charges collected under section 22403(l)(1) for passenger railroads
and freight railroads other than Class I carriers.
``(3) Short line set-aside.--Not less than 50 percent of the
amounts appropriated pursuant to subsection (a)(1) for each fiscal
year shall be set aside for freight railroads other than Class I
carriers.''.
(i) Clerical Amendment.--The analysis for title 49, United States
Code, is amended by inserting after the item relating to chapter 223
the following:
``224 . Railroad rehabilitation and improvement financing.......22401''.
(j) Technical and Conforming Amendments.--
(1) National trails system act.--Section 8(d) of the National
Trails System Act (16 U.S.C. 1247(d)) is amended by inserting ``(45
U.S.C. 801 et seq.) and chapter 224 of title 49, United States
Code'' after ``1976''.
(2) Passenger rail reform and investment act.--Section 11315(c)
of the Passenger Rail Reform and Investment Act of 2015 (23 U.S.C.
322 note; Public Law 114-94) is amended by striking ``sections 502
and 503 of the Railroad Revitalization and Regulatory Reform Act of
1976'' and inserting ``sections 22402 and 22403 of title 49, United
States Code''.
(3) Provisions classified in title 45, united states code.--
(A) Railroad revitalization and regulatory reform act of
1976.--Section 101 of the Railroad Revitalization and
Regulatory Reform Act of 1976 (45 U.S.C. 801) is amended--
(i) in subsection (a), in the matter preceding
paragraph (1), by striking ``It is the purpose of the
Congress in this Act to'' and inserting ``The purpose of
this Act and chapter 224 of title 49, United States Code,
is to''; and
(ii) in subsection (b), in the matter preceding
paragraph (1), by striking ``It is declared to be the
policy of the Congress in this Act'' and inserting ``The
policy of this Act and chapter 224 of title 49, United
States Code, is''.
(B) Railroad infrastructure financing improvement act.--The
Railroad Infrastructure Financing Improvement Act (subtitle F
of title XI of Public Law 114-94) is amended--
(i) in section 11607(b) (45 U.S.C. 821 note), by
striking ``All provisions under sections 502 through 504 of
the Railroad Revitalization and Regulatory Reform Act of
1976 (45 U.S.C. 801 et seq.)'' and inserting ``All
provisions under section 22402 through 22404 of title 49,
United States Code,''; and
(ii) in section 11610(b) (45 U.S.C. 821 note), by
striking ``section 502(f) of the Railroad Revitalization
and Regulatory Reform Act of 1976 (45 U.S.C. 822(f)), as
amended by section 11607 of this Act'' and inserting
``section 22402(f) of title 49, United States Code''.
(C) Transportation equity act for the 21st century.--
Section 7203(b)(2) of the Transportation Equity Act for the
21st Century (Public Law 105-178; 45 U.S.C. 821 note) is
amended by striking ``title V of the Railroad Revitalization
and Regulatory Reform Act of 1976 (45 U.S.C. 821 et seq.)'' and
inserting ``chapter 224 of title 49, United States Code,''.
(D) Hamm alert maritime safety act of 2018.--Section
212(d)(1) of Hamm Alert Maritime Safety Act of 2018 (title II
of Public Law 115-265; 45 U.S.C. 822 note) is amended, in the
matter preceding subparagraph (A), by striking ``for purposes
of section 502(f)(4) of the Railroad Revitalization and
Regulatory Reform Act of 1976 (45 U.S.C. 822(f)(4))'' and
inserting ``for purposes of section 22402 of title 49, United
States Code''.
(E) Milwaukee railroad restructuring act.--Section 15(f) of
the Milwaukee Railroad Restructuring Act (45 U.S.C. 914(f)) is
amended by striking ``Section 516 of the Railroad
Revitalization and Regulatory Reform Act of 1976 (45 U.S.C.
836)'' and inserting ``Section 22404 of title 49, United States
Code,''.
(F) Rock island railroad transition and employee assistance
act.--Section 104(b) of the Rock Island Railroad Transition and
Employee Assistance Act (45 U.S.C. 1003(b)) is amended--
(i) in paragraph (1)--
(I) by striking ``title V of the Railroad
Revitalization and Regulatory Reform Act of 1976 (45
U.S.C. 821 et seq.)'' and inserting ``chapter 224 of
title 49, United States Code,''; and
(II) by striking ``and section 18(b) of the
Milwaukee Railroad Restructuring Act''; and
(ii) in paragraph (2), by striking ``title V of the
Railroad Revitalization and Regulatory Reform Act of 1976,
and section 516 of such Act (45 U.S.C. 836)'' and inserting
``chapter 224 of title 49, United States Code, including
section 22404 of such title,''.
(4) Title 49.--
(A) National surface transportation and innovative finance
bureau.--Section 116(d)(1)(B) of title 49, United States Code,
is amended by striking ``sections 501 through 503 of the
Railroad Revitalization and Regulatory Reform Act of 1976 (45
U.S.C. 821-823)'' and inserting ``sections 22401 through
22403''.
(B) Prohibited discrimination.--Section 306(b) of title 49,
United States Code, is amended--
(i) by striking ``chapter 221 or 249 of this title,''
and inserting ``chapter 221, 224, or 249 of this title,
or''; and
(ii) by striking ``, or title V of the Railroad
Revitalization and Regulatory Reform Act of 1976 (45 U.S.C.
821 et seq.)''.
(C) Passenger rail reform and investment act of 2015.--
Section 11311(d) of the Passenger Rail Reform and Investment
Act of 2015 (Public Law 114-94; 49 U.S.C. 20101 note) is
amended by striking ``, and section 502 of the Railroad
Revitalization and Regulatory Reform Act of 1976 (45 U.S.C.
822)''.
(D) Grant conditions.--Section 22905(c)(2)(B) of title 49,
United States Code, is amended by striking ``section 504 of the
Railroad Revitalization and Regulatory Reform Act of 1976 (45
U.S.C. 836)'' and inserting ``section 22404''.
(E) Passenger rail investment and improvement act of
2008.--Section 205(g) of the Passenger Rail Investment and
Improvement Act of 2008 (division B of Public Law 110-432; 49
U.S.C. 24101 note) is amended by striking ``title V of the
Railroad Revitalization and Regulatory Reform Act of 1976 (45
U.S.C. 821 et seq.)'' and inserting ``chapter 224 of title 49,
United States Code''.
(F) Amtrak authority.--Section 24903 of title 49, United
States Code, is amended--
(i) in subsection (a)(6), by striking ``and the
Railroad Revitalization and Regulatory Reform Act of 1976
(45 U.S.C. 801 et seq.)'' and inserting ``, the Railroad
Revitalization and Regulatory Reform Act of 1976 (45 U.S.C.
801 et seq.), and chapter 224 of this title''; and
(ii) in subsection (c)(2), by striking ``and the
Railroad Revitalization and Regulatory Reform Act of 1976
(45 U.S.C. 801 et seq.)'' and inserting ``, the Railroad
Revitalization and Regulatory Reform Act of 1976 (45 U.S.C.
801 et seq.), and chapter 224 of this title''.
SEC. 21302. SUBSTANTIVE CRITERIA AND STANDARDS.
Not later than 180 days after the date of enactment of this Act,
the Secretary shall update the publicly available credit program guide
in accordance with the provisions of chapter 224 of title 49, United
States Code, as added by section 21301.
SEC. 21303. SEMIANNUAL REPORT ON TRANSIT-ORIENTED DEVELOPMENT
ELIGIBILITY.
Not later than 6 months after the date of enactment of this Act,
and every 6 months thereafter, the Secretary shall submit a report to
the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House of
Representatives that identifies--
(1) the number of applications submitted to the Department for
a direct loan or loan guarantee under section 22402(b)(1)(E) of
title 49, United States Code, as amended by section 21301;
(2) the number of such loans or loan guarantees that were
provided to the applicants; and
(3) for each such application, the reasons for providing or
declining to provide the requested loan or loan guarantee.
TITLE II--RAIL
SEC. 22001. SHORT TITLE.
This title may be cited as the ``Passenger Rail Expansion and Rail
Safety Act of 2021''.
Subtitle A--Authorization of Appropriations
SEC. 22101. GRANTS TO AMTRAK.
(a) Northeast Corridor.--There are authorized to be appropriated to
the Secretary for grants to Amtrak for activities associated with the
Northeast Corridor the following amounts:
(1) For fiscal year 2022, $1,570,000,000.
(2) For fiscal year 2023, $1,100,000,000.
(3) For fiscal year 2024, $1,200,000,000.
(4) For fiscal year 2025, $1,300,000,000.
(5) For fiscal year 2026, $1,400,000,000.
(b) National Network.--There are authorized to be appropriated to
the Secretary for grants to Amtrak for activities associated with the
National Network the following amounts:
(1) For fiscal year 2022, $2,300,000,000.
(2) For fiscal year 2023, $2,200,000,000.
(3) For fiscal year 2024, $2,450,000,000.
(4) For fiscal year 2025, $2,700,000,000.
(5) For fiscal year 2026, $3,000,000,000.
(c) Oversight.--The Secretary may withhold up to 0.5 percent from
the amount appropriated for each fiscal year pursuant to subsections
(a) and (b) for the costs of oversight of Amtrak.
(d) State-Supported Route Committee.--The Secretary may withhold up
to $3,000,000 from the amount appropriated for each fiscal year
pursuant to subsection (b) for use by the State-Supported Route
Committee established under section 24712(a) of title 49, United States
Code.
(e) Northeast Corridor Commission.--The Secretary may withhold up
to $6,000,000 from the amount appropriated for each fiscal year
pursuant to subsection (a) for use by the Northeast Corridor Commission
established under section 24905(a) of title 49, United States Code.
(f) Interstate Rail Compacts.--The Secretary may withhold up to
$3,000,000 from the amount appropriated for each fiscal year pursuant
to subsection (b) for grants authorized under section 22910 of title
49, United States Code.
(g) Accessibility Upgrades.--
(1) In general.--The Secretary shall withhold $50,000,000 from
the amount appropriated for each fiscal year pursuant to
subsections (a) and (b) for grants to assist Amtrak in financing
capital projects to upgrade the accessibility of the national rail
passenger transportation system by increasing the number of
existing facilities that are compliant with the requirements under
the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.) until the Secretary determines Amtrak's existing facilities
are in compliance with such requirements.
(2) Savings provision.--Nothing in paragraph (1) may be
construed to prevent Amtrak from using additional funds
appropriated pursuant to this section to carry out the activities
authorized under such paragraph.
(h) Corridor Development.--In addition to the activities authorized
under subsection (b), Amtrak may use up to 10 percent of the amounts
appropriated under subsection (b) in each fiscal year to support
Amtrak-operated corridors selected under section 22306 for--
(1) planning and capital costs; and
(2) operating assistance consistent with the Federal funding
limitations under section 22908 of title 49, United States Code.
SEC. 22102. FEDERAL RAILROAD ADMINISTRATION.
(a) Safety and Operations.--There are authorized to be appropriated
to the Secretary for the operations of the Federal Railroad
Administration and to carry out railroad safety activities the
following amounts:
(1) For fiscal year 2022, $248,000,000.
(2) For fiscal year 2023, $254,000,000.
(3) For fiscal year 2024, $263,000,000.
(4) For fiscal year 2025, $271,000,000.
(5) For fiscal year 2026, $279,000,000.
(b) Railroad Research and Development.--There are authorized to be
appropriated to the Secretary for the use of the Federal Railroad
Administration for activities associated with railroad research and
development the following amounts:
(1) For fiscal year 2022, $43,000,000.
(2) For fiscal year 2023, $44,000,000.
(3) For fiscal year 2024, $45,000,000.
(4) For fiscal year 2025, $46,000,000.
(5) For fiscal year 2026, $47,000,000.
(c) Transportation Technology Center.--The Secretary may withhold
up to $3,000,000 from the amount appropriated for each fiscal year
pursuant to subsection (b) for activities authorized under section
20108(d) of title 49, United States Code.
(d) Rail Research and Development Center of Excellence.--The
Secretary may withhold up to 10 percent of the amount appropriated for
each fiscal year under subsection (b) for grants authorized under
section 20108(j) of title 49, United States Code.
SEC. 22103. CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENTS
GRANTS.
(a) In General.--There is authorized to be appropriated to the
Secretary for grants under section 22907 of title 49, United States
Code, $1,000,000,000 for each of fiscal years 2022 through 2026.
(b) Oversight.--The Secretary may withhold up to 2 percent from the
amount appropriated for each fiscal year pursuant to subsection (a) for
the costs of project management oversight of grants authorized under
title 49, United States Code.
SEC. 22104. RAILROAD CROSSING ELIMINATION PROGRAM.
(a) In General.--There is authorized to be appropriated to the
Secretary for grants under section 22909 of title 49, United States
Code, as added by section 22305, $500,000,000 for each of fiscal years
2022 through 2026.
(b) Planning Projects.--Not less than 3 percent of the amount
appropriated in each fiscal year pursuant to subsection (a) year shall
be used for planning projects described in section 22909(d)(6) of title
49, United States Code.
(c) Highway-rail Grade Crossing Safety Information and Education
Program.--Of the amount appropriated under subsection (a) in each
fiscal year, 0.25 percent shall be used for contracts or grants to
carry out a highway-rail grade crossing safety information and
education program--
(1) to help prevent and reduce pedestrian, motor vehicle, and
other accidents, incidents, injuries, and fatalities; and
(2) to improve awareness along railroad rights-of-way and at
highway-rail grade crossings.
(d) Oversight.--The Secretary may withhold up to 2 percent from the
amount appropriated for each fiscal year pursuant to subsection (a) for
the costs of project management oversight of grants authorized under
title 49, United States Code.
SEC. 22105. RESTORATION AND ENHANCEMENT GRANTS.
(a) In General.--There is authorized to be appropriated to the
Secretary for grants under section 22908 of title 49, United States
Code, $50,000,000 for each of fiscal years 2022 through 2026.
(b) Oversight.--The Secretary may withhold up to 1 percent of the
amount appropriated for each fiscal year pursuant to subsection (a) for
the costs of project management oversight of grants authorized under
title 49, United States Code.
SEC. 22106. FEDERAL-STATE PARTNERSHIP FOR INTERCITY PASSENGER RAIL
GRANTS.
(a) In General.--There is authorized to be appropriated to the
Secretary for grants under section 24911 of title 49, United States
Code, $1,500,000,000 for each of fiscal years 2022 through 2026.
(b) Oversight.--The Secretary may withhold up to 2 percent of the
amount appropriated under subsection (a) for the costs of project
management oversight of grants authorized under title 49, United States
Code.
SEC. 22107. AMTRAK OFFICE OF INSPECTOR GENERAL.
There are authorized to be appropriated to the Office of Inspector
General of Amtrak the following amounts:
(1) For fiscal year 2022, $26,500,000.
(2) For fiscal year 2023, $27,000,000.
(3) For fiscal year 2024, $27,500,000.
(4) For fiscal year 2025, $28,000,000.
(5) For fiscal year 2026, $28,500,000.
Subtitle B--Amtrak Reforms
SEC. 22201. AMTRAK FINDINGS, MISSION, AND GOALS.
(a) Findings.--Section 24101(a) of title 49, United States Code, is
amended--
(1) in paragraph (1), by striking ``between crowded urban areas
and in other areas of'' and inserting ``throughout'';
(2) in paragraph (4), by striking ``to Amtrak to achieve a
performance level sufficient to justify expending public money''
and inserting ``in order to meet the intercity passenger rail needs
of the United States'';
(3) in paragraph (5)--
(A) by inserting ``intercity passenger and'' before
``commuter''; and
(B) by inserting ``and rural'' after ``major urban;'' and
(4) by adding at the end the following:
``(9) Long-distance routes are valuable resources of the United
States that are used by rural and urban communities.''.
(b) Goals.--Section 24101(c) of title 49, United States Code, is
amended--
(1) by amending paragraph (1) to read as follows:
``(1) use its best business judgment in acting to maximize the
benefits of Federal investments, including--
``(A) offering competitive fares;
``(B) increasing revenue from the transportation of mail
and express;
``(C) offering food service that meets the needs of its
customers;
``(D) improving its contracts with rail carriers over whose
tracks Amtrak operates;
``(E) controlling or reducing management and operating
costs; and
``(F) providing economic benefits to the communities it
serves;'';
(2) in paragraph (11), by striking ``and'' at the end;
(3) in paragraph (12), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(13) support and maintain established long-distance routes to
provide value to the Nation by serving customers throughout the
United States and connecting urban and rural communities.''.
(c) Increasing Revenues.--Section 24101(d) of title 49, United
States Code, is amended to read as follows:
``(d) Increasing Revenues.--Amtrak is encouraged to make agreements
with private sector entities and to undertake initiatives that are
consistent with good business judgment and designed to generate
additional revenues to advance the goals described in subsection
(c).''.
SEC. 22202. COMPOSITION OF AMTRAK'S BOARD OF DIRECTORS.
(a) Selection; Composition; Chair.--Section 24302(a) of title 49,
United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (B), by striking ``President'' and
inserting ``Chief Executive Officer''; and
(B) in subparagraph (C), by inserting ``, at least 1 of
whom shall be an individual with a disability (as defined in
section 3 of the Americans with Disabilities Act of 1990 (42
U.S.C. 12102)) who has a demonstrated history of, or experience
with, accessibility, mobility, and inclusive transportation in
passenger rail or commuter rail'' before the period at the end;
(2) in paragraph (2), by striking ``and try to provide adequate
and balanced representation of the major geographic regions of the
United States served by Amtrak'';
(3) by redesignating paragraph (5) as paragraph (7); and
(4) by striking paragraph (4) and inserting the following:
``(4) Of the individuals appointed pursuant to paragraph
(1)(C)--
``(A) 2 individuals shall reside in or near a location
served by a regularly scheduled Amtrak service along the
Northeast Corridor;
``(B) 4 individuals shall reside in or near regions of the
United States that are geographically distributed outside of
the Northeast Corridor, of whom--
``(i) 2 individuals shall reside in States served by a
long-distance route operated by Amtrak;
``(ii) 2 individuals shall reside in States served by a
State-supported route operated by Amtrak; and
``(iii) an individual who resides in a State that is
served by a State-supported route and a long-distance route
may be appointed to serve either position referred to in
clauses (i) and (ii);
``(C) 2 individuals shall reside either--
``(i) in or near a location served by a regularly
scheduled Amtrak service on the Northeast Corridor; or
``(ii) in a State served by long-distance or a State-
supported route; and
``(D) each individual appointed to the Board pursuant to
this paragraph may only fill 1 of the allocations set forth in
subparagraphs (A) through (C).
``(5) The Board shall elect a chairperson and vice chairperson,
other than the Chief Executive Officer of Amtrak, from among its
membership. The vice chairperson shall act as chairperson in the
absence of the chairperson.
``(6) The Board shall meet at least annually with--
``(A) representatives of Amtrak employees;
``(B) representatives of persons with disabilities; and
``(C) the general public, in an open meeting with a virtual
attendance option, to discuss financial performance and service
results.''.
(b) Rule of Construction.--None of the amendments made by
subsection (a) may be construed as affecting the term of any director
serving on the Amtrak Board of Directors under section 24302(a)(1)(C)
of title 49, United States Code, as of the date of enactment of this
Act.
SEC. 22203. STATION AGENTS.
Section 24312 of title 49, United States Code, is amended by adding
at the end the following:
``(c) Availability of Station Agents.--
``(1) In general.--Except as provided in paragraph (2),
beginning on the date that is 1 year after the date of enactment of
the Passenger Rail Expansion and Rail Safety Act of 2021, Amtrak
shall ensure that at least 1 Amtrak ticket agent is employed at
each station building--
``(A) that Amtrak owns, or operates service through, as
part of a long-distance or Northeast Corridor passenger service
route;
``(B) where at least 1 Amtrak ticket agent was employed on
or after October 1, 2017; and
``(C) for which an average of 40 passengers boarded or
deboarded an Amtrak train per day during all of the days in
fiscal year 2017 when the station was serviced by Amtrak,
regardless of the number of Amtrak trains servicing the station
per day.
``(2) Exception.--Paragraph (1) shall not apply to any station
building in which a commuter rail ticket agent has the authority to
sell Amtrak tickets.''.
SEC. 22204. INCREASING OVERSIGHT OF CHANGES TO AMTRAK LONG-DISTANCE
ROUTES AND OTHER INTERCITY SERVICES.
(a) Amtrak Annual Operations Report.--Section 24315(a)(1) of title
49, United States Code, is amended--
(1) in subparagraph (G), by striking ``and'' at the end;
(2) in subparagraph (H), by adding ``and'' at the end; and
(3) by adding at the end the following:
``(I) any change made to a route's or service's frequency
or station stops;''.
(b) 5-year Business Line Plans.--Section 24320(b)(2) of title 49,
United States Code, is amended--
(1) by redesignating subparagraphs (B) through (L) as
subparagraphs (C) through (M), respectively; and
(2) by inserting after subparagraph (A) the following:
``(B) a detailed description of any plans to permanently
change a route's or service's frequency or station stops for
the service line;''.
SEC. 22205. IMPROVED OVERSIGHT OF AMTRAK ACCOUNTING.
Section 24317 of title 49, United States Code, is amended--
(1) in subsection (a)(2), by striking ``and costs among Amtrak
business lines'' and inserting ``, including Federal grant funds,
and costs among Amtrak service lines'';
(2) by amending subsection (b) to read as follows:
``(b) Account Structure.--
``(1) In general.--The Secretary of Transportation, in
consultation with Amtrak, shall define, maintain, and periodically
update an account structure and improvements to accounting
methodologies, as necessary, to support the Northeast Corridor and
the National Network.
``(2) Notification of substantive changes.--The Secretary shall
notify the Committee on Commerce, Science, and Transportation of
the Senate, the Committee on Appropriations of the Senate, the
Committee on Transportation and Infrastructure of the House of
Representatives, and the Committee on Appropriations of the House
of Representatives regarding any substantive changes made to the
account structure, including changes to--
``(A) the service lines described in section 24320(b)(1);
and
``(B) the asset lines described in section 24320(c)(1).'';
(3) in subsection (c), in the matter preceding paragraph (1),
by inserting ``, maintaining, and updating'' after ``defining'';
(4) in subsection (d), in the matter preceding paragraph (1),
by inserting ``, maintaining, and updating'' after ``defining'';
(5) by amending subsection (e) to read as follows:
``(e) Implementation and Reporting.--
``(1) In general.--Amtrak, in consultation with the Secretary
of Transportation, shall maintain and implement any account
structures and improvements defined under subsection (b) to enable
Amtrak to produce sources and uses statements for each of the
service lines described in section 24320(b)(1) and, as appropriate,
each of the asset lines described in section 24320(c)(1), that
identify sources and uses of revenues, appropriations, and
transfers between accounts.
``(2) Updated sources and uses statements.--Not later than 30
days after the implementation of subsection (b), and monthly
thereafter, Amtrak shall submit to the Secretary of Transportation
updated sources and uses statements for each of the service lines
and asset lines referred to in paragraph (1). The Secretary and
Amtrak may agree to a different frequency of reporting.'';
(6) by striking subsection (h); and
(7) by redesignating subsection (i) as subsection (h).
SEC. 22206. IMPROVED OVERSIGHT OF AMTRAK SPENDING.
(a) Allocation of Costs and Revenues.--Section 24318(a) of title
49, United States Code, is amended by striking ``Not later than 180
days after the date of enactment of the Passenger Rail Reform and
Investment Act of 2015,''.
(b) Grant Process and Reporting.--Section 24319 of title 49, United
States Code, is amended--
(1) in the section heading, by inserting ``and reporting''
after ``process'';
(2) by amending subsection (a) to read as follows:
``(a) Procedures for Grant Requests.--The Secretary of
Transportation shall--
``(1) establish and maintain substantive and procedural
requirements, including schedules, for grant requests under this
section; and
``(2) report any changes to such procedures to--
``(A) the Committee on Commerce, Science, and
Transportation of the Senate;
``(B) the Committee on Appropriations of the Senate;
``(C) the Committee on Transportation and Infrastructure of
the House of Representatives; and
``(D) the Committee on Appropriations of the House of
Representatives.'';
(3) in subsection (b), by striking ``grant requests'' and
inserting ``a grant request annually, or as additionally
required,'';
(4) by amending subsection (c) to read as follows:
``(c) Contents.--
``(1) In general.--Each grant request under subsection (b)
shall, as applicable--
``(A) categorize and identify, by source, the Federal funds
and program income that will be used for the upcoming fiscal
year for each of the Northeast Corridor and National Network in
1 of the categories or subcategories set forth in paragraph
(2);
``(B) describe the operations, services, programs,
projects, and other activities to be funded within each of the
categories set forth in paragraph (2), including--
``(i) the estimated scope, schedule, and budget
necessary to complete each project and program; and
``(ii) the performance measures used to quantify
expected and actual project outcomes and benefits,
aggregated by fiscal year, project milestone, and any other
appropriate grouping; and
``(C) describe the status of efforts to improve Amtrak's
safety culture.
``(2) Grant categories.--
``(A) Operating expenses.--Each grant request to use
Federal funds for operating expenses shall--
``(i) include estimated net operating costs not covered
by other Amtrak revenue sources;
``(ii) specify Federal funding requested for each
service line described in section 24320(b)(1); and
``(iii) be itemized by route.
``(B) Debt service.--A grant request to use Federal funds
for expenses related to debt, including payment of principle
and interest, as allowed under section 205 of the Passenger
Rail Investment and Improvement Act of 2008 (Public Law 110-
432; 49 U.S.C. 24101 note).
``(C) Capital.--A grant request to use Federal funds and
program income for capital expenses shall include capital
projects and programs primarily associated with--
``(i) normalized capital replacement programs,
including regularly recurring work programs implemented on
a systematic basis on classes of physical railroad assets,
such as track, structures, electric traction and power
systems, rolling stock, and communications and signal
systems, to maintain and sustain the condition and
performance of such assets to support continued railroad
operations;
``(ii) improvement projects to support service and
safety enhancements, including discrete projects
implemented in accordance with a fixed scope, schedule, and
budget that result in enhanced or new infrastructure,
equipment, or facilities;
``(iii) backlog capital replacement projects, including
discrete projects implemented in accordance with a fixed
scope, schedule, and budget that primarily replace or
rehabilitate major infrastructure assets, including
tunnels, bridges, stations, and similar assets, to reduce
the state of good repair backlog on the Amtrak network;
``(iv) strategic initiative projects, including
discrete projects implemented in accordance with a fixed
scope, schedule, and budget that primarily improve overall
operational performance, lower costs, or otherwise improve
Amtrak's corporate efficiency; and
``(v) statutory, regulatory, or other legally mandated
projects, including discrete projects implemented in
accordance with a fixed scope, schedule, and budget that
enable Amtrak to fulfill specific legal or regulatory
mandates.
``(D) Contingency.--A grant request to use Federal funds
for operating and capital expense contingency shall include--
``(i) contingency levels for specified activities and
operations; and
``(ii) a process for the utilization of such
contingency.
``(3) Modification of categories.--The Secretary of
Transportation and Amtrak may jointly agree to modify the
categories set forth in paragraph (2) if such modifications are
necessary to improve the transparency, oversight, or delivery of
projects funded through grant requests under this section.'';
(5) in subsection (d)(1)(A)--
(A) by inserting ``complete'' after ``submits a'';
(B) by striking ``shall complete'' and inserting ``shall
finish''; and
(C) in clause (ii), by striking ``incomplete or'';
(6) in subsection (e)--
(A) in paragraph (1)--
(i) by striking ``and other activities to be funded by
the grant'' and inserting ``programs, projects, and other
activities to be funded by the grant, consistent with the
categories required for Amtrak in a grant request under
subsection (c)(1)(A)''; and
(ii) by striking ``or activities'' and inserting
``programs, projects, and other activities''; and
(B) in paragraph (3)--
(i) by redesignating subparagraphs (A) and (B) as
subparagraphs (B) and (C), respectively; and
(ii) by inserting before subparagraph (B), as
redesignated, the following:
``(A) using an otherwise allowable approach to the method
prescribed for a specific project or category of projects under
paragraph (2) if the Secretary and Amtrak agree that a
different payment method is necessary to more successfully
implement and report on an operation, service, program,
project, or other activity;'';
(7) by redesignating subsection (h) as subsection (j); and
(8) by inserting after subsection (g) the following:
``(h) Applicable Laws and Regulations.--
``(1) Single audit act of 1984.--Notwithstanding section
24301(a)(3) of this title and section 7501(a)(13) of title 31,
Amtrak shall be deemed a `non-Federal entity' for purposes of
chapter 75 of title 31.
``(2) Regulations and guidance.--The Secretary of
Transportation may apply some or all of the requirements set forth
in the regulations and guidance promulgated by the Secretary
relating to the management, administration, cost principles, and
audit requirements for Federal awards.
``(i) Amtrak Grant Reporting.--The Secretary of Transportation
shall determine the varying levels of detail and information that will
be included in reports for operations, services, program, projects,
program income, cash on hand, and other activities within each of the
grant categories described in subsection (c)(2).''.
(c) Conforming Amendments.--
(1) Reports and audits.--Section 24315(b)(1) of title 49,
United States Code, is amended--
(A) in subparagraph (A), by striking ``the goal of section
24902(b) of this title; and'' and inserting ``the goal
described in section 24902(a);'';
(B) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(C) shall incorporate the category described in section
24319(c)(2)(C).''.
(2) Clerical amendment.--The analysis for chapter 243 of title
49, United States Code, is amended by striking the item relating to
section 24319 and inserting the following:
``24319. Grant process and reporting.''.
SEC. 22207. INCREASING SERVICE LINE AND ASSET LINE PLAN TRANSPARENCY.
(a) In General.--Section 24320 of title 49, United States Code, is
amended--
(1) in the section heading, by striking ``business line and
asset plans'' and inserting ``service line and asset line plans'';
(2) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``of each year'' and inserting ``,
2020, and biennially thereafter'';
(ii) by striking ``5-year business line plans and 5-
year asset plans'' and inserting ``5-year service line
plans and 5-year asset line plans''; and
(iii) by adding at the end the following: ``During each
year in which Amtrak is not required to submit a plan under
this paragraph, Amtrak shall submit to Congress updated
financial sources and uses statements and forecasts with
the annual report required under section 24315(b).''; and
(B) in paragraph (2), by striking ``asset plan required
in'' and inserting ``asset line plan required under'';
(3) in subsection (b)--
(A) in the subsection heading, by striking ``Business'' and
inserting ``Service'';
(B) in paragraph (1)--
(i) in the paragraph heading, by striking ``business''
and inserting ``service'';
(ii) by striking ``business'' each place such term
appears and inserting ``service'';
(iii) by amending subparagraph (B) to read as follows:
``(B) Amtrak State-supported train services.'';
(iv) in subparagraph (C), by striking ``routes'' and
inserting ``train services''; and
(v) by adding at the end the following:
``(E) Infrastructure access services for use of Amtrak-
owned or Amtrak-controlled infrastructure and facilities.'';
(C) in paragraph (2)--
(i) in the paragraph heading, by striking ``business''
and inserting ``service'';
(ii) by striking ``business'' each place such term
appears and inserting ``service'';
(iii) in subparagraph (A), by striking ``Strategic Plan
and 5-year asset plans'' and inserting ``5-year asset line
plans'';
(iv) in subparagraph (F) (as redesignated by section
22204(b)(1)), by striking ``profit and loss'' and inserting
``sources and uses'';
(v) by striking subparagraph (G) (as redesignated by
section 22204(b)(1));
(vi) by redesignating subparagraphs (H) through (M) (as
redesignated by section 22204(b)(1)) as subparagraphs (G)
through (L), respectively; and
(vii) by amending subparagraph (I) (as so redesignated)
to read as follows:
``(I) financial performance for each route, if deemed
applicable by the Secretary, within each service line,
including descriptions of the cash operating loss or
contribution;'';
(D) in paragraph (3)--
(i) in the paragraph heading, by striking ``business''
and inserting ``service'';
(ii) by striking ``business'' each place such term
appears and inserting ``service'';
(iii) by redesignating subparagraphs (A), (B), (C), and
(D) as clauses (i), (ii), (iii), and (iv), respectively,
and moving such clauses 2 ems to the right;
(iv) by inserting before clause (i), as redesignated,
the following:
``(A) not later than 180 days after the date of enactment
of the Passenger Rail Expansion and Rail Safety Act of 2021,
submit to the Secretary, for approval, a consultation process
for the development of each service line plan that requires
Amtrak to--'';
(v) in subparagraph (A), as amended by clause (iv)--
(I) in clause (iii), as redesignated, by inserting
``and submit the final service line plan required under
subsection (a)(1) to the State-Supported Route
Committee'' before the semicolon at the end;
(II) in clause (iv), as redesignated, by inserting
``and'' after the semicolon at the end; and
(III) by adding at the end the following:
``(v) for the infrastructure access service line plan,
consult with the Northeast Corridor Commission and other
entities, as appropriate, and submit the final asset line
plan under subsection (a)(1) to the Northeast Corridor
Commission;''; and
(vi) by redesignating subparagraphs (E) and (F) as
subparagraphs (B) and (C), respectively;
(E) by redesignating paragraph (4) as paragraph (5); and
(F) by inserting after paragraph (3)(C), as redesignated,
the following:
``(4) 5-year service line plans updates.--Amtrak may modify the
content to be included in the service line plans described in
paragraph (1), upon the approval of the Secretary, if the Secretary
determines that such modifications are necessary to improve the
transparency, oversight, and delivery of Amtrak services and the
use of Federal funds by Amtrak.''; and
(4) in subsection (c)--
(A) in the subsection heading, by inserting ``Line'' after
``Asset'';
(B) in paragraph (1)--
(i) in the paragraph heading, by striking
``categories'' and inserting ``lines'';
(ii) in the matter preceding subparagraph (A), by
striking ``asset plan for each of the following asset
categories'' and inserting ``asset line plan for each of
the following asset lines'';
(iii) by redesignating subparagraphs (A), (B), (C), and
(D) as subparagraphs (B), (C), (D), and (E), respectively;
(iv) by inserting before subparagraph (B), as
redesignated, the following:
``(A) Transportation, including activities and resources
associated with the operation and movement of Amtrak trains,
onboard services, and amenities.'';
(v) in subparagraph (B), as redesignated, by inserting
``and maintenance-of-way equipment'' after ``facilities'';
and
(vi) in subparagraph (C), as redesignated, by striking
``Passenger rail equipment'' and inserting ``Equipment'';
(C) in paragraph (2)--
(i) in the paragraph heading, by inserting ``line''
after ``asset'';
(ii) in the matter preceding subparagraph (A), by
inserting ``line'' after ``asset'';
(iii) in subparagraph (A), by striking ``category'' and
inserting ``line'';
(iv) in subparagraph (C)(iii)(III), by striking ``and''
at the end;
(v) by amending subparagraph (D) to read as follows:
``(D) annual sources and uses statements and forecasts for
each asset line; and''; and
(vi) by adding at the end the following:
``(E) other elements that Amtrak elects to include.'';
(D) in paragraph (3)--
(i) in the paragraph heading, by inserting ``line''
after ``asset'';
(ii) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii) and moving such clauses 2 ems to the
right;
(iii) by inserting before clause (i), as redesignated,
the following:
``(A) not later than 180 days after the date of enactment
of the Passenger Rail Expansion and Rail Safety Act of 2021,
submit to the Secretary, for approval, a consultation process
for the development of each asset line plan that requires
Amtrak to--'';
(iv) in subparagraph (A), as added by clause (iii)--
(I) in clause (i), as redesignated--
(aa) by striking ``business'' each place such
term appears and inserting ``service'';
(bb) by inserting ``line'' after ``asset'' each
place such term appears; and
(cc) by adding ``and'' at the end; and
(II) in clause (ii), as redesignated--
(aa) by inserting ``consult with the Secretary
of Transportation in the development of asset line
plans and,'' before ``as applicable''; and
(bb) by inserting ``line'' after ``5-year
asset'';
(v) by redesignating subparagraph (C) as subparagraph
(B); and
(vi) in subparagraph (B), as redesignated, by striking
``category'' and inserting ``line'';
(E) by redesignating paragraphs (4), (5), (6), and (7) as
paragraphs (5), (6), (7), and (8), respectively;
(F) by inserting after paragraph (3) the following:
``(4) 5-year asset line plan updates.--Amtrak may modify the
content to be included in the asset line plans described in
paragraph (1), on approval of the Secretary, if the Secretary
determines that such modifications are necessary to improve the
transparency, oversight, and delivery of Amtrak services and the
use of Federal funds by Amtrak.'';
(G) in paragraph (5)(A), as redesignated, by inserting ``,
but shall not include corporate services (as defined pursuant
to section 24317(b))'' after ``national assets''; and
(H) in paragraph (7), as redesignated, by striking
``paragraph (4)'' and inserting ``paragraph (5)''.
(b) Clerical Amendment.--The analysis for chapter 243 of title 49,
United States Code, is amended by striking the item relating to section
24320 and inserting the following:
``24320. Amtrak 5-year service line and asset line plans.''.
(c) Effective Dates.--Section 11203(b) of the Passenger Rail Reform
and Investment Act of 2015 (49 U.S.C. 24320 note) is amended--
(1) by striking ``business'' each place such term appears and
inserting ``service''; and
(2) by inserting ``line'' after ``asset'' each place such term
appears.
SEC. 22208. PASSENGER EXPERIENCE ENHANCEMENT.
(a) In General.--Section 24305(c)(4) of title 49, United States
Code, is amended by striking ``only if revenues from the services each
year at least equal the cost of providing the services''.
(b) Food and Beverage Service Working Group.--
(1) In general.--Section 24321 of title 49, United States Code,
is amended to read as follows:
``Sec. 24321. Food and beverage service
``(a) Working Group.--
``(1) Establishment.--Not later than 180 days after enactment
of the Passenger Rail Expansion and Rail Safety Act of 2021, Amtrak
shall establish a working group to provide recommendations to
improve Amtrak's onboard food and beverage service.
``(2) Membership.--The working group shall consist of
individuals representing--
``(A) Amtrak;
``(B) the labor organizations representing Amtrak employees
who prepare or provide on-board food and beverage service;
``(C) nonprofit organizations representing Amtrak
passengers; and
``(D) States that are providing funding for State-supported
routes.
``(b) Report.--Not later than 1 year after the establishment of the
working group pursuant to subsection (a), the working group shall
submit a report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives containing
recommendations for improving Amtrak's food and beverage service,
including--
``(1) ways to improve the financial performance of Amtrak;
``(2) ways to increase and retain ridership;
``(3) the differing needs of passengers traveling on long-
distance routes, State supported routes, and the Northeast
Corridor;
``(4) Amtrak passenger survey data about the food and beverages
offered on Amtrak trains;
``(5) ways to incorporate local food and beverage items on
State-supported routes; and
``(6) any other issue that the working group determines to be
appropriate.
``(c) Implementation.--Not later than 180 days after the submission
of the report pursuant to subsection (b), Amtrak shall submit a plan
for implementing the recommendations of the working group, and an
explanation for any of the working group's recommendations it does not
agree with and does not plan on implementing to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives.
``(d) Savings Clause.--Amtrak shall ensure that no Amtrak employee
who held a position on a long-distance or Northeast Corridor route as
of the date of enactment of the Passenger Rail Expansion and Rail
Safety Act of 2021, is involuntarily separated because of the
development and implementation of the plan required under this
section.''.
(2) Clerical amendment.--The analysis for chapter 243 of title
49, United States Code, is amended by striking the item relating to
section 24321 and inserting the following:
``24321. Food and beverage service.''.
SEC. 22209. AMTRAK SMOKING POLICY.
(a) In General.--Chapter 243 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 24323. Prohibition on smoking on Amtrak trains
``(a) Prohibition.--Beginning on the date of enactment of this
section, Amtrak shall prohibit smoking, including the use of electronic
cigarettes, onboard all Amtrak trains.
``(b) Electronic Cigarette Defined.--In this section, the term
`electronic cigarette' means a device that delivers nicotine or other
substances to a user of the device in the form of a vapor that is
inhaled to simulate the experience of smoking.''.
(b) Clerical Amendment.--The analysis for chapter 243 of title 49,
United States Code, is amended by adding at the end the following:
``24323. Prohibition on smoking on Amtrak trains.''.
SEC. 22210. PROTECTING AMTRAK ROUTES THROUGH RURAL COMMUNITIES.
Section 24706 of title 49, United States Code, is amended--
(1) in subsection (a), by striking ``subsection (b) of this
section, at least 180 days'' and inserting ``subsection (c), not
later than 180 days'';
(2) by redesignating subsections (b) and (c) as subsections (c)
and (e), respectively;
(3) by inserting after subsection (a) the following:
``(b) Discontinuance or Substantial Alteration of Long-distance
Routes.--Except as provided in subsection (c), in an emergency, or
during maintenance or construction outages impacting Amtrak routes,
Amtrak may not discontinue, reduce the frequency of, suspend, or
substantially alter the route of rail service on any segment of any
long-distance route in any fiscal year in which Amtrak receives
adequate Federal funding for such route on the National Network.''; and
(4) by inserting after subsection (c), as redesignated, the
following:
``(d) Congressional Notification of Discontinuance.--Except as
provided in subsection (c), not later than 210 days before
discontinuing service over a route, Amtrak shall give written notice of
such discontinuance to all of the members of Congress representing any
State or district in which the discontinuance would occur.''.
SEC. 22211. STATE-SUPPORTED ROUTE COMMITTEE.
(a) State-Supported Route Committee.--Section 24712(a) of title 49,
United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``Not later than 180 days after the date of
enactment of the Passenger Rail Reform and Investment Act of
2015, the Secretary of Transportation shall establish'' and
inserting ``There is established''; and
(B) by inserting ``current and future'' before ``rail
operations'';
(2) by redesignating paragraphs (4), (5), and (6) as paragraphs
(5), (6), and (7), respectively;
(3) by inserting after paragraph (3) the following:
``(4) Ability to conduct certain business.--If all of the
members of 1 voting bloc described in paragraph (3) abstain from a
Committee decision, agreement between the other 2 voting blocs
consistent with the procedures set forth in such paragraph shall be
deemed sufficient for purpose of achieving unanimous consent.'';
(4) in paragraph (5), as redesignated, in the matter preceding
subparagraph (A)--
(A) by striking ``convene a meeting and shall define and
implement'' and inserting ``define and periodically update'';
and
(B) by striking ``not later than 180 days after the date of
establishment of the Committee by the Secretary''; and
(5) in paragraph (7), as redesignated--
(A) in the paragraph heading, by striking ``allocation
methodology'' and inserting ``methodology policy'';
(B) in subparagraph (A), by striking ``allocation
methodology'' and inserting ``methodology policy'';
(C) by amending subparagraph (B) to read as follows:
``(B) Revisions to cost methodology policy.--
``(i) Requirement to revise and update.--Subject to
rules and procedures established pursuant to clause (iii),
not later than March 31, 2022, the Committee shall revise
and update the cost methodology policy required and
previously approved under section 209 of the Passenger Rail
Investment and Improvement Act of 2008 (49 U.S.C. 20901
note). The Committee shall implement a revised cost
methodology policy during fiscal year 2023. Not later than
30 days after the adoption of the revised cost methodology
policy, the Committee shall submit a report documenting and
explaining any changes to the cost methodology policy and
plans for implementation of such policy, including a
description of the improvements to the accounting
information provided by Amtrak to the States, to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and
Infrastructure of the House of Representatives. The revised
cost methodology policy shall ensure that States will be
responsible for costs attributable to the provision of
service for their routes.
``(ii) Implementation impacts on federal funding.--To
the extent that a revision developed pursuant to clause (i)
assigns to Amtrak costs that were previously allocated to
States, Amtrak shall request with specificity such
additional funding in the general and legislative annual
report required under section 24315 or in any appropriate
subsequent Federal funding request for the fiscal year in
which the revised cost methodology policy will be
implemented.
``(iii) Procedures for changing methodology.--
Notwithstanding section 209(b) of the Passenger Rail
Investment and Improvement Act of 2008 (49 U.S.C. 20901
note), the rules and procedures implemented pursuant to
paragraph (5) shall include--
``(I) procedures for changing the cost methodology
policy in accordance with clause (i); and
``(II) procedures or broad guidelines for
conducting financial planning, including operating and
capital forecasting, reporting, data sharing, and
governance.'';
(D) in subparagraph (C)--
(i) in the matter preceding clause (i), by striking
``allocation methodology'' and inserting ``methodology
policy'';
(ii) in clause (i), by striking ``and'' at the end;
(iii) in clause (ii)--
(I) by striking ``allocate'' and inserting
``assign''; and
(II) by striking the period and inserting ``;
and''; and
(iv) by adding at the end the following:
``(iii) promote increased efficiency in Amtrak's
operating and capital activities.''; and
(E) by adding at the end the following:
``(D) Independent evaluation.--Not later than March 31 of
each year, the Committee shall ensure that an independent
entity selected by the Committee has completed an evaluation to
determine whether State payments for the most recently
concluded fiscal year are accurate and comply with the
applicable cost allocation methodology.''.
(b) Invoices and Reports.--Section 24712(b) of title 49, United
States Code, is amended to read as follows:
``(b) Invoices and Reports.--
``(1) Invoices.--Amtrak shall provide monthly invoices to the
Committee and to each State that sponsors a State-supported route
that identify the operating costs for such route, including fixed
costs and third-party costs.
``(2) Reports.--
``(A) In general.--The Committee shall determine the
frequency and contents of--
``(i) the financial and performance reports that Amtrak
is required to provide to the Committee and the States; and
``(ii) the planning and demand reports that the States
are required to provide to the Committee and Amtrak.
``(B) Monthly statistical report.--
``(i) Development.--Consistent with the revisions to
the policy required under subsection (a)(7)(B), the
Committee shall develop a report that contains the general
ledger data and operating statistics from Amtrak's
accounting systems used to calculate payments to States.
``(ii) Provision of necessary data.--Not later than 30
days after the last day of each month, Amtrak shall provide
to the States and to the Committee the necessary data to
complete the report developed pursuant to clause (i) for
such month.''.
(c) Dispute Resolution.--Section 24712(c) of title 49, United
States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``(a)(4)'' and inserting ``(a)(5)''; and
(B) by striking ``(a)(6)'' and inserting ``(a)(7)''; and
(2) in paragraph (4), by inserting ``related to a State-
supported route that a State sponsors that is'' after ``amount''.
(d) Performance Metrics.--Section 24712(e) of title 49, United
States Code, is amended by inserting ``, including incentives to
increase revenue, reduce costs, finalize contracts by the beginning of
the fiscal year, and require States to promptly make payments for
services delivered'' before the period at the end.
(e) Statement of Goals and Objectives.--Section 24712(f) of title
49, United States Code, is amended--
(1) in paragraph (1), by inserting ``, and review and update,
as necessary,'' after ``shall develop'';
(2) in paragraph (2), by striking ``Not later than 2 years
after the date of enactment of the Passenger Rail Reform and
Investment Act of 2015, the Committee shall transmit the
statement'' and inserting ``As applicable, based on updates, the
Committee shall submit an updated statement''; and
(3) by adding at the end the following:
``(3) Sense of congress.--It is the sense of Congress that--
``(A) the Committee shall be the forum where Amtrak and the
States collaborate on the planning, improvement, and
development of corridor routes across the National Network; and
``(B) such collaboration should include regular
consultation with interstate rail compact parties and other
regional planning organizations that address passenger rail.''.
(f) Other Reforms Related to State-supported Routes.--Section 24712
of title 49, United States Code, as amended by subsections (a) through
(e), is further amended--
(1) by redesignating subsections (g) and (h) as subsections (k)
and (l), respectively; and
(2) by inserting after subsection (f) the following:
``(g) New State-supported Routes.--
``(1) Consultation.--In developing a new State-supported route,
Amtrak shall consult with--
``(A) the State or States and local municipalities through
which such new service would operate;
``(B) commuter authorities and regional transportation
authorities in the areas that would be served by the planned
route;
``(C) host railroads;
``(D) the Administrator of the Federal Railroad
Administration; and
``(E) other stakeholders, as appropriate.
``(2) State commitments.--Notwithstanding any other provision
of law, before beginning construction necessary for, or beginning
operation of, a State-supported route that is initiated on or after
the date of enactment of the Passenger Rail Expansion and Rail
Safety Act of 2021, Amtrak shall enter into a memorandum of
understanding, or otherwise secure an agreement, with each State
that would be providing funding for such route for sharing--
``(A) ongoing operating costs and capital costs in
accordance with the cost methodology policy referred to in
subsection (a)(7) then in effect; or
``(B) ongoing operating costs and capital costs in
accordance with the maximum funding limitations described in
section 22908(e).
``(3) Application of terms.--In this subsection, the terms
`capital costs' and `operating costs' shall apply in the same
manner as such terms apply under the cost methodology policy
developed pursuant to subsection (a)(7).
``(h) Cost Methodology Policy Update Implementation Report.--Not
later than 18 months after the updated cost methodology policy required
under subsection (a)(7)(B) is implemented, the Committee shall submit a
report to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure of the
House of Representatives that assesses the implementation of the
updated policy.
``(i) Identification of State-supported Route Changes.--Amtrak
shall--
``(1) not later than 120 days before the submission of the
general and legislative annual report required under section
24315(b), consult with the Committee and any additional States
through which a State-supported route may operate regarding any
proposed changes to such route; and
``(2) include in such report an update of any planned or
proposed changes to State-supported routes, including the
introduction of new State-supported routes, including--
``(A) the timeframe in which such changes would take
effect; and
``(B) whether Amtrak has entered into commitments with the
affected States pursuant subsection (g)(2).
``(j) Economic Analysis.--Not later than 3 years after the date of
enactment of the Passenger Rail Expansion and Rail Safety Act of 2021,
the Committee shall submit a report to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives
that--
``(1) describes the role of the State-supported routes in
economic development; and
``(2) examines the impacts of the State-supported routes on
local station areas, job creation, transportation efficiency, State
economies, and the national economy.''.
SEC. 22212. ENHANCING CROSS BORDER SERVICE.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, Amtrak, after consultation with the Secretary, the
Secretary of Homeland Security, relevant State departments of
transportation, Canadian governmental agencies and entities, and owners
of the relevant rail infrastructure and facilities, shall submit a
report to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure of the
House of Representatives regarding enhancing Amtrak passenger rail
service between the United States and Canada that--
(1) identifies challenges to Amtrak operations in Canada,
including delays associated with custom and immigration inspections
in both the United States and Canada; and
(2) includes recommendations to improve such cross border
service, including the feasibility of and costs associated with a
preclearance facility or facilities.
(b) Assistance and Support.--The Secretary, the Secretary of State,
and the Secretary of Homeland Security may provide assistance and
support requested by Amtrak that is necessary to carry out this
section, as determined appropriate by the respective Secretary.
SEC. 22213. CREATING QUALITY JOBS.
Section 121 of the Amtrak Reform and Accountability Act of 1997 (49
U.S.C. 24312 note) is amended--
(1) by redesignating subsection (d) as subsection (f); and
(2) by inserting after subsection (c) the following:
``(d) Furloughed Work.--Amtrak may not contract out work within the
classification of work performed by an employee in a bargaining unit
covered by a collective bargaining agreement entered into between
Amtrak and an organization representing Amtrak employees during the
period such employee has been laid off and has not been recalled to
perform such work.
``(e) Agreement Prohibitions on Contracting Out.--This section does
not--
``(1) supersede a prohibition or limitation on contracting out
work covered by an agreement entered into between Amtrak and an
organization representing Amtrak employees; or
``(2) prohibit Amtrak and an organization representing Amtrak
employees from entering into an agreement that allows for
contracting out the work of a furloughed employee that would
otherwise be prohibited under subsection (d).''.
SEC. 22214. AMTRAK DAILY LONG-DISTANCE SERVICE STUDY.
(a) In General.--The Secretary shall conduct a study to evaluate
the restoration of daily intercity rail passenger service along--
(1) any Amtrak long-distance routes that, as of the date of
enactment of this Act, were discontinued; and
(2) any Amtrak long-distance routes that, as of the date of
enactment of this Act, occur on a nondaily basis.
(b) Inclusions.--The study under subsection (a) shall--
(1) evaluate all options for restoring or enhancing to daily-
basis intercity rail passenger service along each Amtrak route
described in that subsection;
(2) select a preferred option for restoring or enhancing the
service described in paragraph (1);
(3) develop a prioritized inventory of capital projects and
other actions that are required to restore or enhance the service
described in paragraph (1), including cost estimates for those
projects and actions;
(4) develop recommendations for methods by which Amtrak could
work with local communities and organizations to develop activities
and programs to continuously improve public use of intercity
passenger rail service along each route; and
(5) identify Federal and non-Federal funding sources required
to restore or enhance the service described in paragraph (1),
including--
(A) increased Federal funding for Amtrak based on
applicable reductions or discontinuations in service; and
(B) options for entering into public-private partnerships
to restore that service.
(c) Other Factors When Considering Expansions.--In evaluating
intercity passenger rail routes under this section, the Secretary may
evaluate potential new Amtrak long-distance routes, including with
specific attention provided to routes in service as of April 1971 but
not continued by Amtrak, taking into consideration whether those new
routes would--
(1) link and serve large and small communities as part of a
regional rail network;
(2) advance the economic and social well-being of rural areas
of the United States;
(3) provide enhanced connectivity for the national long-
distance passenger rail system; and
(4) reflect public engagement and local and regional support
for restored passenger rail service.
(d) Consultation.--In conducting the study under this section, the
Secretary shall consult, through working groups or other forums as the
Secretary determines to be appropriate, with--
(1) Amtrak;
(2) each State along a relevant route;
(3) regional transportation planning organizations and
metropolitan planning organizations, municipalities, and
communities along those relevant routes, to be selected by the
Secretary;
(4) host railroad carriers the tracks of which may be used for
a service described in subsection (a);
(5) organizations representing onboard Amtrak employees;
(6) nonprofit organizations representing Amtrak passengers;
(7) relevant regional passenger rail authorities and federally
recognized Indian Tribes; and
(8) such other entities as the Secretary may select.
(e) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report that includes--
(1) the preferred options selected under subsection (b)(2),
including the reasons for selecting each option;
(2) the information described in subsection (b)(3);
(3) the funding sources identified pursuant to subsection
(b)(5);
(4) the estimated costs and public benefits of restoring or
enhancing intercity rail passenger transportation in the region
impacted for each relevant Amtrak route; and
(5) any other information the Secretary determines to be
appropriate.
(f) Funding.--There are authorized to be appropriated to the
Secretary to conduct the study under this section and to carry out the
consultations required by subsection (d)--
(1) $7,500,000 for fiscal year 2022; and
(2) $7,500,000 for fiscal year 2023.
Subtitle C--Intercity Passenger Rail Policy
SEC. 22301. NORTHEAST CORRIDOR PLANNING.
Section 24904 of title 49, United States Code, is amended--
(1) by striking subsections (a) and (d);
(2) by redesignating subsections (b) and (c) as subsections (c)
and (d), respectively;
(3) by inserting before subsection (c), as redesignated, the
following:
``(a) Northeast Corridor Service Development Plan.--
``(1) In general.--Not later than March 31, 2022, the Northeast
Corridor Commission established under section 24905 (referred to in
this section as the `Commission') shall submit a service
development plan to Congress.
``(2) Contents.--The plan required under paragraph (1) shall--
``(A) identify key state-of-good-repair, capacity
expansion, and capital improvement projects planned for the
Northeast Corridor;
``(B) provide a coordinated and consensus-based plan
covering a 15-year period;
``(C) identify service objectives and the capital
investments required to meet such objectives;
``(D) provide a delivery-constrained strategy that
identifies--
``(i) capital investment phasing;
``(ii) an evaluation of workforce needs; and
``(iii) strategies for managing resources and
mitigating construction impacts on operations; and
``(E) include a financial strategy that identifies funding
needs and potential funding sources.
``(3) Updates.--The Commission shall update the service
development plan not less frequently than once every 5 years.
``(b) Northeast Corridor Capital Investment Plan.--
``(1) In general.--Not later than November 1 of each year, the
Commission shall--
``(A) develop an annual capital investment plan for the
Northeast Corridor; and
``(B) submit the capital investment plan to--
``(i) the Secretary of Transportation;
``(ii) the Committee on Commerce, Science, and
Transportation of the Senate; and
``(iii) the Committee on Transportation and
Infrastructure of the House of Representatives.
``(2) Contents.--The plan required under paragraph (1) shall--
``(A) reflect coordination across the entire Northeast
Corridor;
``(B) integrate the individual capital plans developed by
Amtrak, States, and commuter authorities in accordance with the
cost allocation policy developed and approved under section
24905(c);
``(C) cover a period of 5 fiscal years, beginning with the
fiscal year during which the plan is submitted;
``(D) notwithstanding section 24902(b), document the
projects and programs being undertaken to advance the service
objectives and capital investments identified in the Northeast
Corridor service development plan developed under subsection
(a), and the asset condition needs identified in the Northeast
Corridor asset management plans, after considering--
``(i) the benefits and costs of capital investments in
the plan;
``(ii) project and program readiness;
``(iii) the operational impacts; and
``(iv) Federal and non-Federal funding availability;
``(E) categorize capital projects and programs as primarily
associated with 1 of the categories listed under section
24319(c)(2)(C);
``(F) identify capital projects and programs that are
associated with more than 1 category described in subparagraph
(E); and
``(G) include a financial plan that identifies--
``(i) funding sources and financing methods;
``(ii) the status of cost sharing agreements pursuant
to the cost allocation policy developed under section
24905(c);
``(iii) the projects and programs that the Commission
expects will receive Federal financial assistance; and
``(iv) the eligible entity or entities that the
Commission expects--
``(I) to receive the Federal financial assistance
referred to in clause (iii); and
``(II) to implement each capital project.
``(3) Review and coordination.--The Commission shall require
that the information described in paragraph (2) be submitted in a
timely manner to allow for a reasonable period of review by, and
coordination with, affected agencies before the Commission submits
the capital investment plan pursuant to paragraph (1).'';
(4) in subsection (c), as redesignated, by striking ``spent
only on--'' and all that follows and inserting ``spent only on
capital projects and programs contained in the Commission's capital
investment plan for the prior fiscal year.''; and
(5) by amending subsection (d), as redesignated, to read as
follows:
``(d) Northeast Corridor Capital Asset Management System.--
``(1) In general.--Amtrak and other infrastructure owners that
provide or support intercity rail passenger transportation along
the Northeast Corridor shall develop an asset management system and
use and update such system, as necessary, to develop submissions to
the Northeast Corridor capital investment plan described in
subsection (b).
``(2) Features.--The system required under paragraph (1) shall
develop submissions that--
``(A) are consistent with the transit asset management
system (as defined in section 5326(a)(3)); and
``(B) include--
``(i) an inventory of all capital assets owned by the
developer of the plan;
``(ii) an assessment of condition of such capital
assets;
``(iii) a description of the resources and processes
that will be necessary to bring or to maintain such capital
assets in a state of good repair; and
``(iv) a description of changes in the condition of
such capital assets since the submission of the prior
version of the plan.''.
SEC. 22302. NORTHEAST CORRIDOR COMMISSION.
Section 24905 of title 49, United States Code, is amended--
(1) in subsection (a)(1)(D), by inserting ``authorities'' after
``carriers'';
(2) in subsection (b)(3)(B)--
(A) in clause (i)--
(i) by inserting ``, including ridership trends,''
after ``transportation''; and
(ii) by striking ``and'' at the end;
(B) in clause (ii)--
(i) by inserting ``first year of the'' after ``the
delivery of the''; and
(ii) by striking the period at the end and inserting
``; and''; and
(C) by adding at the end the following:
``(iii) progress in assessing and eliminating the
state-of-good-repair backlog.'';
(3) in subsection (c)--
(A) in paragraph (1)--
(i) in the paragraph heading, by striking ``Development
of policy'' and inserting ``Policy'';
(ii) in subparagraph (A), by striking ``develop a
standardized policy'' and inserting ``develop and maintain
the standardized policy first approved on September 17,
2015, and update, as appropriate,'';
(iii) by amending subparagraph (B) to read as follows:
``(B) develop timetables for implementing and maintaining
the policy;'';
(iv) in subparagraph (C), by striking ``the policy and
the timetable'' and inserting ``updates to the policy and
timetables''; and
(v) by amending subparagraph (D) to read as follows:
``(D) support the efforts of the members of the Commission
to implement the policy in accordance with the timetables
developed pursuant to subparagraph (B);'';
(B) by amending paragraph (2) to read as follows:
``(2) Implementation.--
``(A) In general.--In accordance with the timetables
developed pursuant to paragraph (1)(B), Amtrak and commuter
authorities on the Northeast Corridor shall implement the
policy developed under paragraph (1) in their agreements for
usage of facilities or services.
``(B) Effect of failure to implement or comply with
policy.--If the entities referred to in subparagraph (A) fail
to implement the policy in accordance with paragraph (1)(D) or
fail to comply with the policy thereafter, the Surface
Transportation Board shall--
``(i) determine the appropriate compensation in
accordance with the procedures and procedural schedule
applicable to a proceeding under section 24903(c), after
taking into consideration the policy developed under
paragraph (1); and
``(ii) enforce its determination on the party or
parties involved.''; and
(C) in paragraph (4), by striking ``public authorities
providing commuter rail passenger transportation'' and
inserting ``commuter authorities''; and
(4) in subsection (d)--
(A) by striking ``2016 through 2020'' and inserting ``2022
through 2026''; and
(B) by striking ``section 11101(g) of the Passenger Rail
Reform and Investment Act of 2015'' and inserting ``section
22101(e) of the Passenger Rail Expansion and Rail Safety Act of
2021''.
SEC. 22303. CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENTS.
(a) In General.--Section 22907 of title 49, United States Code, is
amended--
(1) in subsection (b)--
(A) in paragraph (1), by inserting ``(including the
District of Columbia)'' after ``State'';
(B) in paragraph (6), by inserting ``rail carrier and
intercity rail passenger transportation are'' before
``defined'';
(C) by redesignating paragraphs (8) through (11) as
paragraphs (10) through (13), respectively; and
(D) by inserting after paragraph (7) the following:
``(8) An association representing 1 or more railroads described
in paragraph (7).'';
``(9) A federally recognized Indian Tribe.'';
(2) in subsection (c)--
(A) in paragraph (3), by adding ``or safety'' after
``congestion'';
(B) in paragraph (6), by striking ``and'' and inserting
``or'';
(C) by redesignating paragraphs (11) and (12) as paragraphs
(12) and (13), respectively;
(D) by inserting after paragraph (10) the following:
``(11) The development and implementation of measures to
prevent trespassing and reduce associated injuries and
fatalities.''; and
(E) by inserting after paragraph (13), as redesignated, the
following:
``(14) Research, development, and testing to advance and
facilitate innovative rail projects, including projects using
electromagnetic guideways in an enclosure in a very low-pressure
environment.
``(15) The preparation of emergency plans for communities
through which hazardous materials are transported by rail.
``(16) Rehabilitating, remanufacturing, procuring, or
overhauling locomotives, provided that such activities result in a
significant reduction of emissions.''; and
(3) in subsection (h), by adding at the end the following:
``(4) Grade crossing and trespassing projects.--Applicants may
use costs incurred previously for preliminary engineering
associated with highway-rail grade crossing improvement projects
under subsection (c)(5) and trespassing prevention projects under
subsection (c)(11) to satisfy the non-Federal share
requirements.''.
(b) Rule of Construction.--The amendments made by subsection (a)
may not be construed to affect any grant, including any application for
a grant, made under section 22907 of title 49, United States Code,
before the date of enactment of this Act.
(c) Technical Correction.--
(1) In general.--Section 22907(l)(1)(A) of title 49, United
States Code, is amended by inserting ``, including highway
construction over rail facilities as an alternative to construction
or improvement of a highway-rail grade crossing,'' after ``under
chapter 227''.
(2) Applicability.--The amendment made by paragraph (1) shall
apply to amounts remaining under section 22907(l) of title 49,
United States Code, from appropriations for prior fiscal years.
SEC. 22304. RESTORATION AND ENHANCEMENT GRANTS.
Section 22908 of title 49, United States Code, is amended--
(1) by amending subsection (a) to read as follows:
``(a) Definitions.--In this section:
``(1) Applicant.--Notwithstanding section 22901(1), the term
`applicant' means--
``(A) a State, including the District of Columbia;
``(B) a group of States;
``(C) an entity implementing an interstate compact;
``(D) a public agency or publicly chartered authority
established by 1 or more States;
``(E) a political subdivision of a State;
``(F) a federally recognized Indian Tribe;
``(G) Amtrak or another rail carrier that provides
intercity rail passenger transportation;
``(H) any rail carrier in partnership with at least 1 of
the entities described in subparagraphs (A) through (F); and
``(I) any combination of the entities described in
subparagraphs (A) through (F).
``(2) Operating assistance.--The term `operating assistance',
with respect to any route subject to section 209 of the Passenger
Rail Investment and Improvement Act of 2008 (Public Law 110-432),
means any cost allocated, or that may be allocated, to a route
pursuant to the cost methodology established under such section or
under section 24712.'';
(2) in subsection (c)(3), by striking ``3 years'' each place
such term appears and inserting ``6 years'';
(3) in subsection (d)--
(A) in paragraph (8), by striking ``and'';
(B) in paragraph (9), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(10) for routes selected under the Corridor Identification
and Development Program and operated by Amtrak.''; and
(4) in subsection (e)--
(A) in paragraph (1)--
(i) by striking ``assistance''; and
(ii) by striking ``3 years'' and inserting ``6 years
(including for any such routes selected for funding before
the date of enactment of the Passenger Rail Expansion and
Rail Safety Act of 2021)''; and
(B) in paragraph (3), by striking subparagraphs (A), (B),
and (C) and inserting the following:
``(A) 90 percent of the projected net operating costs for
the first year of service;
``(B) 80 percent of the projected net operating costs for
the second year of service;
``(C) 70 percent of the projected net operating costs for
the third year of service;
``(D) 60 percent of the projected net operating costs for
the fourth year of service;
``(E) 50 percent of the projected net operating costs for
the fifth year of service; and
``(F) 30 percent of the projected net operating costs for
the sixth year of service.''.
SEC. 22305. RAILROAD CROSSING ELIMINATION PROGRAM.
(a) In General.--Chapter 229 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 22909. Railroad Crossing Elimination Program
``(a) In General.--The Secretary of Transportation, in cooperation
with the Administrator of the Federal Railroad Administration, shall
establish a competitive grant program (referred to in this section as
the `Program') under which the Secretary shall award grants to eligible
recipients described in subsection (c) for highway-rail or pathway-rail
grade crossing improvement projects that focus on improving the safety
and mobility of people and goods.
``(b) Goals.--The goals of the Program are--
``(1) to eliminate highway-rail grade crossings that are
frequently blocked by trains;
``(2) to improve the health and safety of communities;
``(3) to reduce the impacts that freight movement and railroad
operations may have on underserved communities; and
``(4) to improve the mobility of people and goods.
``(c) Eligible Recipients.--The following entities are eligible to
receive a grant under this section:
``(1) A State, including the District of Columbia, Puerto Rico,
and other United States territories and possessions.
``(2) A political subdivision of a State.
``(3) A federally recognized Indian Tribe.
``(4) A unit of local government or a group of local
governments.
``(5) A public port authority.
``(6) A metropolitan planning organization.
``(7) A group of entities described in any of paragraphs (1)
through (6).
``(d) Eligible Projects.--The Secretary may award a grant under the
Program for a highway-rail or pathway-rail grade crossing improvement
project (including acquiring real property interests) involving--
``(1) grade separation or closure, including through the use of
a bridge, embankment, tunnel, or combination thereof;
``(2) track relocation;
``(3) the improvement or installation of protective devices,
signals, signs, or other measures to improve safety, provided that
such activities are related to a separation or relocation project
described in paragraph (1) or (2);
``(4) other means to improve the safety and mobility of people
and goods at highway-rail grade crossings (including technological
solutions);
``(5) a group of related projects described in paragraphs (1)
through (4) that would collectively improve the mobility of people
and goods; or
``(6) the planning, environmental review, and design of an
eligible project described in paragraphs (1) through (5).
``(e) Application Process.--
``(1) In general.--An eligible entity seeking a grant under the
Program shall submit an application to the Secretary at such time,
in such manner, and containing such information as the Secretary
may require.
``(2) Railroad approvals.--
``(A) In general.--Except as provided in subparagraph (B),
the Secretary shall require applicants to obtain the necessary
approvals from any impacted rail carriers or real property
owners before proceeding with the construction of a project
funded by a grant under the Program.
``(B) Exception.--The requirement under subparagraph (A)
shall not apply to planning projects described in subsection
(d)(6) if the applicant agrees to work collaboratively with
rail carriers and right-of-way owners.
``(f) Project Selection Criteria.--
``(1) In general.--In awarding grants under the Program, the
Secretary shall evaluate the extent to which proposed projects
would--
``(A) improve safety at highway-rail or pathway-rail grade
crossings;
``(B) grade separate, eliminate, or close highway-rail or
pathway-rail grade crossings;
``(C) improve the mobility of people and goods;
``(D) reduce emissions, protect the environment, and
provide community benefits, including noise reduction;
``(E) improve access to emergency services;
``(F) provide economic benefits; and
``(G) improve access to communities separated by rail
crossings.
``(2) Additional considerations.--In awarding grants under the
Program, the Secretary shall consider--
``(A) the degree to which the proposed project will use--
``(i) innovative technologies;
``(ii) innovative design and construction techniques;
or
``(iii) construction materials that reduce greenhouse
gas emissions;
``(B) the applicant's planned use of contracting incentives
to employ local labor, to the extent permissible under Federal
law;
``(C) whether the proposed project will improve the
mobility of--
``(i) multiple modes of transportation, including
ingress and egress from freight facilities; or
``(ii) users of nonvehicular modes of transportation,
such as pedestrians, bicyclists, and public transportation;
``(D) whether the proposed project is identified in--
``(i) the freight investment plan component of a State
freight plan, as required under section 70202(b)(9);
``(ii) a State rail plan prepared in accordance with
chapter 227; or
``(iii) a State highway-rail grade crossing action
plan, as required under section 11401(b) of the Passenger
Rail Reform and Investment Act of 2015 (title XI of Public
Law 114-94); and
``(E) the level of financial support provided by impacted
rail carriers.
``(3) Award distribution.--In selecting grants for Program
funds in any fiscal year, the Secretary shall comply with the
following limitations:
``(A) Grant funds.--Not less than 20 percent of the grant
funds available for the Program in any fiscal year shall be
reserved for projects located in rural areas or on Tribal
lands. The requirement under section 22907(l), which applies to
this section, shall not apply to grant funds reserved
specifically under this subparagraph. Not less than 5 percent
of the grant funds reserved under this subparagraph shall be
reserved for projects in counties with 20 or fewer residents
per square mile, according to the most recent decennial census,
provided that sufficient eligible applications have been
submitted.
``(B) Planning grants.--Not less than 25 percent of the
grant funds set aside for planning projects in any fiscal year
pursuant to section 22104(b) of the Passenger Rail Expansion
and Rail Safety Act of 2021 shall be awarded for projects
located in rural areas or on tribal lands.
``(C) State limitation.--Not more than 20 percent of the
grant funds available for the Program in any fiscal year may be
selected for projects in any single State.
``(D) Minimum size.--No grant awarded under this section
shall be for less than $1,000,000, except for a planning grant
described in subsection (d)(6).
``(g) Cost Share.--Except as provided in paragraph (2), the Federal
share of the cost of a project carried out using a grant under the
Program may not exceed 80 percent of the total cost of the project.
Applicants may count costs incurred for preliminary engineering
associated with highway-rail and pathway-rail grade crossing
improvement projects as part of the total project costs.
``(h) Congressional Notification.--Not later than 3 days before
awarding a grant for a project under the Program, the Secretary shall
submit written notification of the proposed grant to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives,
which shall include--
``(1) a summary of the project; and
``(2) the amount of the proposed grant award.
``(i) Annual Report.--Not later than 60 days after each round of
award notifications, the Secretary shall post, on the public website of
the Department of Transportation--
``(1) a list of all eligible applicants that submitted an
application for funding under the Program during the current fiscal
year;
``(2) a list of the grant recipients and projects that received
grant funding under the Program during such fiscal year; and
``(3) a list of the proposed projects and applicants that were
determined to be ineligible.
``(j) Commuter Rail Eligibility and Grant Conditions.--
``(1) In general.--Section 22905(f) shall not apply to grants
awarded under this section for commuter rail passenger
transportation projects.
``(2) Administration of funds.--The Secretary of Transportation
shall transfer amounts awarded under this section for commuter rail
passenger transportation projects to the Federal Transit
Administration, which shall administer such funds in accordance
with chapter 53.
``(3) Protective arrangements.--
``(A) In general.--Notwithstanding paragraph (2) and
section 22905(e)(1), as a condition of receiving a grant under
this section, any employee covered by the Railway Labor Act (45
U.S.C. 151 et seq.) and the Railroad Retirement Act of 1974 (45
U.S.C. 231 et seq.) who is adversely affected by actions taken
in connection with the project financed in whole or in part by
such grant shall be covered by employee protective arrangements
required to be established under section 22905(c)(2)(B).
``(B) Implementation.--A grant recipient under this
section, and the successors, assigns, and contractors of such
grant recipient--
``(i) shall be bound by the employee protective
arrangements required under subparagraph (A); and
``(ii) shall be responsible for the implementation of
such arrangements and for the obligations under such
arrangements, but may arrange for another entity to take
initial responsibility for compliance with the conditions
of such arrangement.
``(k) Defined Term.--In this section, the term `rural area' means
any area that is not within an area designated as an urbanized area by
the Bureau of the Census.''.
(b) Clerical Amendment.--The analysis for chapter 229 of title 49,
United States Code, is amended by adding at the end the following:
``22909. Railroad Crossing Elimination Program.''.
SEC. 22306. INTERSTATE RAIL COMPACTS.
(a) In General.--Chapter 229 of title 49, United States Code (as
amended by section 22305(a)), is further amended by adding at the end
the following:
``Sec. 22910. Interstate Rail Compacts Grant Program
``(a) Grants Authorized.--The Secretary of Transportation shall
establish a competitive grant program to provide financial assistance
to entities implementing interstate rail compacts pursuant to section
410 of the Amtrak Reform and Accountability Act of 1997 (49 U.S.C.
24101 note) for--
``(1) costs of administration;
``(2) systems planning, including studying the impacts on
freight rail operations and ridership;
``(3) promotion of intercity passenger rail operation;
``(4) preparation of applications for competitive Federal grant
programs; and
``(5) operations coordination.
``(b) Maximum Amount.--The Secretary may not award a grant under
this section in an amount exceeding $1,000,000 per year.
``(c) Selection Criteria.--In selecting a recipient of a grant for
an eligible project under this section, the Secretary shall consider--
``(1) the amount of funding received (including funding from a
rail carrier (as defined in section 24102)) or other participation
by State, local, and regional governments and the private sector;
``(2) the applicant's work to foster economic development
through rail service, particularly in rural communities;
``(3) whether the applicant seeks to restore service over
routes formerly operated by Amtrak, including routes described in
section 11304(a) of the Passenger Rail Reform and Investment Act of
2015 (title XI of division A of Public Law 114-94);
``(4) the applicant's dedication to providing intercity
passenger rail service to regions and communities that are
underserved or not served by other intercity public transportation;
``(5) whether the applicant is enhancing connectivity and
geographic coverage of the existing national network of intercity
passenger rail service;
``(6) whether the applicant has prepared regional rail or
corridor service development plans and corresponding environmental
analysis; and
``(7) whether the applicant has engaged with appropriate
government entities and transportation providers to identify
projects necessary to enhance multimodal connections or facilitate
service integration between rail service and other modes, including
between intercity passenger rail service and intercity bus service
or commercial air service.
``(d) Numerical Limitation.--The Secretary may not award grants
under this section for more than 10 interstate rail compacts in any
fiscal year.
``(e) Operator Limitation.--The Secretary may only award grants
under this section to applicants with eligible expenses related to
intercity passenger rail service to be operated by Amtrak.
``(f) Non-Federal Match.--The Secretary shall require each
recipient of a grant under this section to provide a non-Federal match
of not less than 50 percent of the eligible expenses of carrying out
the interstate rail compact under this section.
``(g) Report.--Not later than 3 years after the date of enactment
of the Passenger Rail Expansion and Rail Safety Act of 2021, the
Secretary, after consultation with grant recipients under this section,
shall submit a report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives that describes--
``(1) the implementation of this section;
``(2) the status of the planning efforts and coordination
funded by grants awarded under this section;
``(3) the plans of grant recipients for continued
implementation of the interstate rail compacts;
``(4) the status of, and data regarding, any new, restored, or
enhanced rail services initiated under the interstate rail
compacts; and
``(5) any legislative recommendations.''.
(b) Clerical Amendment.--The analysis for chapter 229 of title 49,
United States Code (as amended by section 22305(b)), is amended by
adding at the end the following:
``22910. Interstate Rail Compacts Grant Program.''.
(c) Identification.--Section 410 of the Amtrak Reform and
Accountability Act of 1997 (Public Law 105-134; 49 U.S.C. 24101 note)
is amended--
(1) in subsection (b)(2), by striking ``(except funds made
available for Amtrak)''; and
(2) by adding at the end the following:
``(c) Notification Requirement.--Any State that enters into an
interstate compact pursuant to subsection (a) shall notify the
Secretary of Transportation of such compact not later than 60 days
after it is formed. The failure of any State to notify the Secretary
under this subsection shall not affect the status of the interstate
compact.
``(d) Interstate Rail Compacts Program.--The Secretary of
Transportation shall--
``(1) make available on a publicly accessible website a list of
interstate rail compacts established under subsection (a) before
the date of enactment of the Passenger Rail Expansion and Rail
Safety Act of 2021 and interstate rail compacts established after
such date; and
``(2) make information regarding interstate rail compacts
available to the public, including how States may establish
interstate rail compacts under subsection (a), and update such
information, as necessary.''.
SEC. 22307. FEDERAL-STATE PARTNERSHIP FOR INTERCITY PASSENGER RAIL
GRANTS.
(a) In General.--Section 24911 of title 49, United States Code, is
amended--
(1) in the section heading, by striking ``for state of good
repair'' and inserting ``for intercity passenger rail'';
(2) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (F), by striking ``or'' at the end;
(ii) by redesignating subsection (G) as subsection (H);
(iii) by inserting after subparagraph (F), the
following:
``(G) a federally recognized Indian Tribe; or''; and
(iv) in subsection (H), as redesignated, by striking
``(F)'' and inserting ``(G)'';
(B) by striking paragraphs (2) and (5); and
(C) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively;
(3) in subsection (b), by striking ``with respect to qualified
railroad assets'' and inserting ``, improve performance, or expand
or establish new intercity passenger rail service, including
privately operated intercity passenger rail service if an eligible
applicant is involved;'';
(4) by striking subsections (c) through (e) and inserting the
following:
``(c) Eligible Projects.--The following capital projects, including
acquisition of real property interests, are eligible to receive grants
under this section:
``(1) A project to replace, rehabilitate, or repair
infrastructure, equipment, or a facility used for providing
intercity passenger rail service to bring such assets into a state
of good repair.
``(2) A project to improve intercity passenger rail service
performance, including reduced trip times, increased train
frequencies, higher operating speeds, improved reliability,
expanded capacity, reduced congestion, electrification, and other
improvements, as determined by the Secretary.
``(3) A project to expand or establish new intercity passenger
rail service.
``(4) A group of related projects described in paragraphs (1)
through (3).
``(5) The planning, environmental studies, and final design for
a project or group of projects described in paragraphs (1) through
(4).
``(d) Project Selection Criteria.--In selecting a project for
funding under this section--
``(1) for projects located on the Northeast Corridor, the
Secretary shall--
``(A) make selections consistent with the Northeast
Corridor Project Inventory published pursuant to subsection
(e)(1), unless when necessary to address materially changed
infrastructure or service conditions, changes in project
sponsor capabilities or commitments, or other significant
changes since the completion of the most recently issued
Northeast Corridor Project Inventory; and
``(B) for projects that benefit intercity and commuter rail
services, only make such selections when Amtrak and the public
authorities providing commuter rail passenger transportation at
the eligible project location--
``(i) are in compliance with section 24905(c)(2); and
``(ii) identify funding for the intercity passenger
rail share, the commuter rail share, and the local share of
the eligible project before the commencement of the
project;
``(2) for projects not located on the Northeast Corridor, the
Secretary shall--
``(A) give preference to eligible projects--
``(i) for which Amtrak is not the sole applicant;
``(ii) that improve the financial performance,
reliability, service frequency, or address the state of
good repair of an Amtrak route; and
``(iii) that are identified in, and consistent with, a
corridor inventory prepared under the Corridor
Identification and Development Program pursuant to section
25101; and
``(B) take into account--
``(i) the cost-benefit analysis of the proposed
project, including anticipated private and public benefits
relative to the costs of the proposed project, including--
``(I) effects on system and service performance,
including as measured by applicable metrics set forth
in part 273 of title 49, Code of Federal Regulations
(or successor regulations);
``(II) effects on safety, competitiveness,
reliability, trip or transit time, greenhouse gas
emissions, and resilience;
``(III) anticipated positive economic and
employment impacts, including development in areas near
passenger stations, historic districts, or other
opportunity zones;
``(IV) efficiencies from improved connections with
other modes; and
``(V) ability to meet existing or anticipated
demand;
``(ii) the degree to which the proposed project's
business plan considers potential private sector
participation in the financing, construction, or operation
of the proposed project;
``(iii) the applicant's past performance in developing
and delivering similar projects, and previous financial
contributions;
``(iv) whether the applicant has, or will have--
``(I) the legal, financial, and technical capacity
to carry out the project;
``(II) satisfactory continuing access to the
equipment or facilities; and
``(III) the capability and willingness to maintain
the equipment or facilities;
``(v) if applicable, the consistency of the project
with planning guidance and documents set forth by the
Secretary or otherwise required by law;
``(vi) whether the proposed project serves historically
unconnected or underconnected communities; and
``(vii) any other relevant factors, as determined by
the Secretary; and
``(3) the Secretary shall reserve--
``(A) not less than 45 percent of the amounts appropriated
for grants under this section for projects not located along
the Northeast Corridor, of which not less than 20 percent shall
be for projects that benefit (in whole or in part) a long-
distance route; and
``(B) not less than 45 percent of the amounts appropriated
for grants under this section for projects listed on the
Northeast Corridor project inventory published pursuant to
subsection (e)(1).
``(e) Long-term Planning.--Not later than 1 year after the date of
enactment of the Passenger Rail Expansion and Rail Safety Act of 2021,
and every 2 years thereafter, the Secretary shall create a predictable
project pipeline that will assist Amtrak, States, and the public with
long-term capital planning by publishing a Northeast Corridor project
inventory that--
``(1) identifies capital projects for Federal investment,
project applicants, and proposed Federal funding levels under this
section;
``(2) specifies the order in which the Secretary will provide
grant funding to projects that have identified sponsors and are
located along the Northeast Corridor, including a method and plan
for apportioning funds to project sponsors for the 2-year period,
which may be altered by the Secretary, as necessary, if recipients
are not carrying out projects in accordance with the anticipated
schedule;
``(3) takes into consideration the appropriate sequence and
phasing of projects described in the Northeast Corridor capital
investment plan developed pursuant to section 24904(a);
``(4) is consistent with the most recent Northeast Corridor
service development plan update described in section 24904(d);
``(5) takes into consideration the existing commitments and
anticipated Federal, project applicant, sponsor, and other relevant
funding levels for the next 5 fiscal years based on information
currently available to the Secretary; and
``(6) is developed in consultation with the Northeast Corridor
Commission and the owners of Northeast Corridor infrastructure and
facilities.'';
(5) in subsection (f)(2), by inserting ``, except as specified
under paragraph (4)'' after ``80 percent'';
(6) in subsection (g)--
(A) in the subsection heading, by inserting ``; Phased
Funding Agreements'' after ``Intent'';
(B) in paragraph (1)--
(i) in the paragraph heading, by striking ``In
general'' and inserting ``Letters of intent''; and
(ii) by striking ``shall, to the maximum extent
practicable,'' and inserting ``may'';
(C) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively;
(D) by inserting after paragraph (1) the following:
``(2) Phased funding agreements.--
``(A) In general.--The Secretary may enter into a phased
funding agreement with an applicant if--
``(i) the project is highly rated, based on the
evaluations and ratings conducted pursuant to this section
and the applicable notice of funding opportunity; and
``(ii) the Federal assistance to be provided for the
project under this section is more than $80,000,000.
``(B) Terms.--A phased funding agreement shall--
``(i) establish the terms of participation by the
Federal Government in the project;
``(ii) establish the maximum amount of Federal
financial assistance for the project;
``(iii) include the period of time for completing the
project, even if such period extends beyond the period for
which Federal financial assistance is authorized;
``(iv) make timely and efficient management of the
project easier in accordance with Federal law; and
``(v) if applicable, specify when the process for
complying with the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) and related environmental
laws will be completed for the project.
``(C) Special financial rules.--
``(i) In general.--A phased funding agreement under
this paragraph obligates an amount of available budget
authority specified in law and may include a commitment,
contingent on amounts to be specified in law in advance for
commitments under this paragraph, to obligate an additional
amount from future available budget authority specified in
law.
``(ii) Statement of contingent commitment.--The
agreement shall state that the contingent commitment is not
an obligation of the Government.
``(iii) Interest and other financing costs.--Interest
and other financing costs of efficiently carrying out a
part of the project within a reasonable time are a cost of
carrying out the project under a phased funding agreement,
except that eligible costs may not be more than the cost of
the most favorable financing terms reasonably available for
the project at the time of borrowing. The applicant shall
certify, to the satisfaction of the Secretary, that the
applicant has shown reasonable diligence in seeking the
most favorable financing terms.
``(iv) Failure to carry out project.--If an applicant
does not carry out the project for reasons within the
control of the applicant, the applicant shall repay all
Federal grant funds awarded for the project from all
Federal funding sources, for all project activities,
facilities, and equipment, plus reasonable interest and
penalty charges allowable by law or established by the
Secretary in the phased funding agreement. For purposes of
this clause, a process for complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
that results in the selection of the no build alternative
is not within the applicant's control.
``(v) Crediting of funds received.--Any funds received
by the Government under this paragraph, except for interest
and penalty charges, shall be credited to the appropriation
account from which the funds were originally derived.'';
(E) in paragraph (3), as redesignated--
(i) in subparagraph (A), in the matter preceding clause
(i), by inserting ``a phased funding agreement under
paragraph (2) or'' after ``issuing''; and
(ii) in subparagraph (B)(i), by inserting ``the phased
funding agreement or'' after ``a copy of''; and
(F) in paragraph (4), as redesignated--
(i) by striking ``An obligation'' and inserting the
following:
``(B) Appropriations required.--An obligation''; and
(ii) by inserting before subparagraph (B), as added by
clause (i), the following:
``(A) In general.--The Secretary may enter into phased
funding agreements under this subsection that contain
contingent commitments to incur obligations in such amounts as
the Secretary determines are appropriate.'';
(7) in subsection (i), by striking ``section 22905'' and
inserting ``sections 22903 and 22905''; and
(8) by adding at the end the following:
``(j) Annual Report on Phased Funding Agreements and Letters of
Intent.--Not later than the first Monday in February of each year, the
Secretary shall submit a report to the Committee on Commerce, Science,
and Transportation of the Senate, the Committee on Appropriations of
the Senate, the Committee on Transportation and Infrastructure of the
House of Representatives, and the Committee on Appropriations of the
House of Representatives that includes--
``(1) a proposal for the allocation of amounts to be available
to finance grants for projects under this section among applicants
for such amounts;
``(2) evaluations and ratings, as applicable, for each project
that has received a phased funding agreement or a letter of intent;
and
``(3) recommendations for each project that has received a
phased funding agreement or a letter of intent for funding based on
the evaluations and ratings, as applicable, and on existing
commitments and anticipated funding levels for the next 3 fiscal
years based on information currently available to the Secretary.
``(k) Regional Planning Guidance Corridor Planning.--The Secretary
may withhold up to 5 percent of the total amount made available for
this section to carry out planning and development activities related
to section 25101, including--
``(1) providing funding to public entities for the development
of service development plans selected under the Corridor
Identification and Development Program;
``(2) facilitating and providing guidance for intercity
passenger rail systems planning; and
``(3) providing funding for the development and refinement of
intercity passenger rail systems planning analytical tools and
models.''.
(b) Clerical Amendment.--The analysis for chapter 249 of title 49,
United States Code, is amended by striking the item relating to section
24911 and inserting the following:
``24911. Federal-State partnership for intercity passenger rail.''.
SEC. 22308. CORRIDOR IDENTIFICATION AND DEVELOPMENT PROGRAM.
(a) In General.--Part C of subtitle V of title 49, United States
Code, is amended by adding at the end the following:
``CHAPTER 251--PASSENGER RAIL PLANNING
``Sec.
``25101. Corridor Identification and Development Program.
``Sec. 25101. Corridor Identification and Development Program
``(a) In General.--Not later than 180 days after the date of
enactment of the Passenger Rail Expansion and Rail Safety Act of 2021,
the Secretary of Transportation shall establish a program to facilitate
the development of intercity passenger rail corridors. The program
shall include--
``(1) a process for eligible entities described in subsection
(b) to submit proposals for the development of intercity passenger
rail corridors;
``(2) a process for the Secretary to review and select
proposals in accordance with subsection (c);
``(3) criteria for determining the level of readiness for
Federal financial assistance of an intercity passenger rail
corridor, which shall include--
``(A) identification of a service operator which may
include Amtrak or private rail carriers;
``(B) identification of a service sponsor or sponsors;
``(C) identification capital project sponsors;
``(D) engagement with the host railroads; and
``(E) other criteria as determined appropriate by the
Secretary;
``(4) a process for preparing service development plans in
accordance with subsection (d), including the identification of
planning funds, such as funds made available under section 24911(k)
and interstate rail compact grants established under section 22210;
``(5) the creation of a pipeline of intercity passenger rail
corridor projects under subsection (g);
``(6) planning guidance to achieve the purposes of this
section, including guidance for intercity passenger rail corridors
not selected under this section; and
``(7) such other features as the Secretary considers relevant
to the successful development of intercity passenger rail
corridors.
``(b) Eligible Entities.--The Secretary may receive proposals under
this section from Amtrak, States, groups of States, entities
implementing interstate compacts, regional passenger rail authorities,
regional planning organizations, political subdivisions of a State,
federally recognized Indian Tribes, and other public entities, as
determined by the Secretary.
``(c) Corridor Selection.--In selecting intercity passenger rail
corridors pursuant to subsection (a), the Secretary shall consider--
``(1) whether the route was identified as part of a regional or
interregional intercity passenger rail systems planning study;
``(2) projected ridership, revenues, capital investment, and
operating funding requirements;
``(3) anticipated environmental, congestion mitigation, and
other public benefits;
``(4) projected trip times and their competitiveness with other
transportation modes;
``(5) anticipated positive economic and employment impacts,
including development in the areas near passenger stations,
historic districts, or other opportunity zones;
``(6) committed or anticipated State, regional transportation
authority, or other non-Federal funding for operating and capital
costs;
``(7) benefits to rural communities;
``(8) whether the corridor is included in a State's approved
State rail plan developed pursuant to chapter 227;
``(9) whether the corridor serves historically unserved or
underserved and low-income communities or areas of persistent
poverty;
``(10) whether the corridor would benefit or improve
connectivity with existing or planned transportation services of
other modes;
``(11) whether the corridor connects at least 2 of the 100 most
populated metropolitan areas;
``(12) whether the corridor would enhance the regional equity
and geographic diversity of intercity passenger rail service;
``(13) whether the corridor is or would be integrated into the
national rail passenger transportation system and whether the
corridor would create benefits for other passenger rail routes and
services; and
``(14) whether a passenger rail operator, including a private
rail carrier, has expressed support for the corridor.
``(d) Service Development Plans.--For each corridor proposal
selected for development under this section, the Secretary shall
partner with the entity that submitted the proposal, relevant States,
and Amtrak, as appropriate, to prepare a service development plan (or
to update an existing service development plan), which shall include--
``(1) a detailed description of the proposed intercity
passenger rail service, including train frequencies, peak and
average operating speeds, and trip times;
``(2) a corridor project inventory that--
``(A) identifies the capital projects necessary to achieve
the proposed intercity passenger rail service, including--
``(i) the capital projects for which Federal investment
will be sought;
``(ii) the likely project applicants; and
``(iii) the proposed Federal funding levels;
``(B) specifies the order in which Federal funding will be
sought for the capital projects identified under subparagraph
(A), after considering the appropriate sequence and phasing of
projects based on the anticipated availability of funds; and
``(C) is developed in consultation with the entities listed
in subsection (e);
``(3) a schedule and any associated phasing of projects and
related service initiation or changes;
``(4) project sponsors and other entities expected to
participate in carrying out the plan;
``(5) a description of how the corridor would comply with
Federal rail safety and security laws, orders, and regulations;
``(6) the locations of existing and proposed stations;
``(7) the needs for rolling stock and other equipment;
``(8) a financial plan identifying projected--
``(A) annual revenues;
``(B) annual ridership;
``(C) capital investments before service could be
initiated;
``(D) capital investments required to maintain service;
``(E) annual operating and costs; and
``(F) sources of capital investment and operating financial
support;
``(9) a description of how the corridor would contribute to the
development of a multi-State regional network of intercity
passenger rail;
``(10) an intermodal plan describing how the new or improved
corridor facilitates travel connections with other passenger
transportation services;
``(11) a description of the anticipated environmental benefits
of the corridor; and
``(12) a description of the corridor's impacts on highway and
aviation congestion, energy consumption, land use, and economic
development in the service area.
``(e) Consultation.--In partnering on the preparation of a service
development plan under subsection (d), the Secretary shall consult
with--
``(1) Amtrak;
``(2) appropriate State and regional transportation authorities
and local officials;
``(3) representatives of employee labor organizations
representing railroad and other appropriate employees;
``(4) host railroads for the proposed corridor; and
``(5) other stakeholders, as determined by the Secretary.
``(f) Updates.--Every 5 years, after the initial development of the
service development plan under subsection (d), if at least 40 percent
of the work to implement a service development plan prepared under
subsection (d) has not yet been completed, the plan's sponsor, in
consultation with the Secretary, shall determine whether such plan
should be updated.
``(g) Project Pipeline.--Not later than 1 year after the
establishment of the program under this section, and by February 1st of
each year thereafter, the Secretary shall submit to the Committee on
Commerce, Science, and Transportation of the Senate, the Committee on
Appropriations of the Senate, and the Committee on Transportation and
Infrastructure of the House of Representatives, and the Committee on
Appropriations of the House of Representatives a project pipeline, in
accordance with this section, that--
``(1) identifies intercity passenger rail corridors selected
for development under this section;
``(2) identifies capital projects for Federal investment,
project applicants, and proposed Federal funding levels, as
applicable, consistent with the corridor project inventory;
``(3) specifies the order in which the Secretary would provide
Federal financial assistance, subject to the availability of funds,
to projects that have identified sponsors, including a method and
plan for apportioning funds to project sponsors for a 5-year
period, which may be altered by the Secretary, as necessary, if
recipients are not carrying out projects on the anticipated
schedule;
``(4) takes into consideration the appropriate sequence and
phasing of projects described in the corridor project inventory;
``(5) takes into consideration the existing commitments and
anticipated Federal, project applicant, sponsor, and other relevant
funding levels for the next 5 fiscal years based on information
currently available to the Secretary;
``(6) is prioritized based on the level of readiness of the
corridor; and
``(7) reflects consultation with Amtrak.
``(h) Definition.--In this section, the term `intercity passenger
rail corridor' means--
``(1) a new intercity passenger rail route of less than 750
miles;
``(2) the enhancement of an existing intercity passenger rail
route of less than 750 miles;
``(3) the restoration of service over all or portions of an
intercity passenger rail route formerly operated by Amtrak; or
``(4) the increase of service frequency of a long-distance
intercity passenger rail route.''.
(b) Clerical Amendment.--The table of chapters for subtitle V of
title 49, United States Code, is amended by inserting after the item
relating to chapter 249 the following:
``Chapter 251. Passenger rail planning.........................25101''.
SEC. 22309. SURFACE TRANSPORTATION BOARD PASSENGER RAIL PROGRAM.
The Surface Transportation Board shall--
(1) establish a passenger rail program with primary
responsibility for carrying out the Board's passenger rail
responsibilities; and
(2) hire up to 10 additional full-time employees to assist in
carrying out the responsibilities referred to in paragraph (1).
Subtitle D--Rail Safety
SEC. 22401. RAILWAY-HIGHWAY CROSSINGS PROGRAM EVALUATION.
(a) In General.--Not later than 3 years after the date of enactment
of this Act, the Secretary shall evaluate the requirements of the
railway-highway crossings program authorized under section 130 of title
23, United States Code, to determine whether--
(1) the requirements of the program provide States sufficient
flexibility to adequately address current and emerging highway-rail
grade crossing safety issues;
(2) the structure of the program provides sufficient incentives
and resources to States and local agencies to make changes at
highway-rail grade crossings that are most effective at reducing
deaths and injuries;
(3) there are appropriate tools and resources to support States
in using data driven programs to determine the most cost-effective
use of program funds; and
(4) any statutory changes are recommended to improve the
effectiveness of the program.
(b) Report.--Not later than 4 years after the date of enactment of
this Act, the Secretary shall submit a report to the Committee on
Commerce, Science, and Transportation of the Senate, the Committee on
Environment and Public Works of the Senate, and the Committee on
Transportation and Infrastructure of the House of Representatives that
summarizes and describes the results of the evaluation conducted
pursuant to subsection (a), including any recommended statutory
changes.
SEC. 22402. GRADE CROSSING ACCIDENT PREDICTION MODEL.
Not later than 2 years after the date of enactment of this Act, the
Administrator of the Federal Railroad Administration shall--
(1) update the grade crossing accident prediction and severity
model used by the Federal Railroad Administration to analyze
accident risk at highway-rail grade crossings; and
(2) provide training on the use of the updated grade crossing
accident prediction and severity model.
SEC. 22403. PERIODIC UPDATES TO HIGHWAY-RAIL CROSSING REPORTS AND
PLANS.
(a) Highway-rail Grade Crossing Safety.--Section 11401 of the
Fixing America's Surface Transportation Act (Public Law 114-94; 49
U.S.C. 22907 note) is amended--
(1) by striking subsection (c); and
(2) by redesignating subsections (d) and (e) as subsections (c)
and (d), respectively.
(b) Reports on Highway-rail Grade Crossing Safety.--
(1) In general.--Chapter 201 of title 49, United States Code,
is amended by inserting after section 20166 the following:
``Sec. 20167. Reports on highway-rail grade crossing safety
``(a) Report.--Not later than 4 years after the date by which
States are required to submit State highway-rail grade crossing action
plans under section 11401(b) of the Fixing America's Surface
Transportation Act (49 U.S.C. 22907 note), the Administrator of the
Federal Railroad Administration, in consultation with the Administrator
of the Federal Highway Administration, shall submit a report to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives that summarizes the State highway-rail grade crossing
action plans, including--
``(1) an analysis and evaluation of each State railway-highway
crossings program under section 130 of title 23, including--
``(A) compliance with section 11401 of the Fixing America's
Surface Transportation Act and section 130(g) of title 23; and
``(B) the specific strategies identified by each State to
improve safety at highway-rail grade crossings, including
crossings with multiple accidents or incidents;
``(2) the progress of each State in implementing its State
highway-rail grade crossings action plan;
``(3) the number of highway-rail grade crossing projects
undertaken pursuant to section 130 of title 23, including the
distribution of such projects by cost range, road system, nature of
treatment, and subsequent accident experience at improved
locations;
``(4) which States are not in compliance with their schedule of
projects under section 130(d) of title 23; and
``(5) any recommendations for future implementation of the
railway-highway crossings program under section 130 of title 23.
``(b) Updates.--Not later than 5 years after the submission of the
report required under subsection (a), the Administrator of the Federal
Railroad Administration, in consultation with the Administrator of the
Federal Highway Administration, shall--
``(1) update the report based on the State annual reports
submitted pursuant to section 130(g) of title 23 and any other
information obtained by or available to the Administrator of the
Federal Railroad Administration; and
``(2) submit the updated report to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives.
``(c) Definitions.--In this section:
``(1) Highway-rail grade crossing.--The term `highway-rail
grade crossing' means a location within a State, other than a
location at which 1 or more railroad tracks cross 1 or more
railroad tracks at grade, at which--
``(A) a public highway, road, or street, or a private
roadway, including associated sidewalks and pathways, crosses 1
or more railroad tracks, either at grade or grade-separated; or
``(B) a pathway explicitly authorized by a public authority
or a railroad carrier that--
``(i) is dedicated for the use of nonvehicular traffic,
including pedestrians, bicyclists, and others;
``(ii) is not associated with a public highway, road,
or street, or a private roadway; and
``(iii) crosses 1 or more railroad tracks, either at
grade or grade-separated.
``(2) State.--The term `State' means a State of the United
States or the District of Columbia.''.
(2) Clerical amendment.--The analysis for chapter 201 of title
49, United States Code, is amended by inserting after the item
relating to section 20166 the following:
``20167. Reports on highway-rail grade crossing safety.''.
(c) Annual Report.--Section 130(g) of title 23, United States Code,
is amended to read as follows:
``(g) Annual Report.--
``(1) In general.--Not later than August 31 of each year, each
State shall submit a report to the Administrator of the Federal
Highway Administration that describes--
``(A) the progress being made to implement the railway-
highway crossings program authorized under this section; and
``(B) the effectiveness of the improvements made as a
result of such implementation.
``(2) Contents.--Each report submitted pursuant to paragraph
(1) shall contain an assessment of--
``(A) the costs of the various treatments employed by the
State to implement the railway-highway crossings program; and
``(B) the effectiveness of such treatments, as measured by
the accident experience at the locations that received such
treatments.
``(3) Coordination.--Not later than 30 days after the Federal
Highway Administration's acceptance of each report submitted
pursuant to paragraph (1), the Administrator of the Federal Highway
Administration shall make such report available to the
Administrator of the Federal Railroad Administration.''.
SEC. 22404. BLOCKED CROSSING PORTAL.
(a) In General.--The Administrator of the Federal Railroad
Administration shall establish a 3-year blocked crossing portal, which
shall include the maintenance of the portal and corresponding database
to receive, store, and retrieve information regarding blocked highway-
rail grade crossings.
(b) Blocked Crossing Portal.--The Administrator of the Federal
Railroad Administration shall establish a blocked crossing portal
that--
(1) collects information from the public, including first
responders, regarding blocked highway-rail grade crossing events;
(2) solicits the apparent cause of the blocked crossing and
provides examples of common causes of blocked crossings, such as
idling trains or instances when lights or gates are activated when
no train is present;
(3) provides each complainant with the contact information for
reporting a blocked crossing to the relevant railroad; and
(4) encourages each complainant to report the blocked crossing
to the relevant railroad.
(c) Complaints.--The blocked crossing portal shall be programmed to
receive complaints from the general public about blocked highway-rail
grade crossings. Any complaint reported through the portal shall
indicate whether the complainant also reported the blocked crossing to
the relevant railroad.
(d) Information Received.--In reviewing complaints received
pursuant to subsection (c), the Federal Railroad Administration shall
review, to the extent practicable, the information received from the
complainant to account for duplicative or erroneous reporting.
(e) Use of Information.--The information received and maintained in
the blocked crossing portal database shall be used by the Federal
Railroad Administration--
(1) to identify frequent and long-duration blocked highway-rail
grade crossings;
(2) as a basis for conducting outreach to communities,
emergency responders, and railroads;
(3) to support collaboration in the prevention of incidents at
highway-rail grade crossings; and
(4) to assess the impacts of blocked crossings.
(f) Sharing Information Received.--
(1) In general.--The Administrator of the Federal Railroad
Administration shall implement and make publicly available
procedures for sharing any nonaggregated information received
through the blocked crossing portal with the public.
(2) Rule of construction.--Nothing in this section may be
construed to authorize the Federal Railroad Administration to make
publically available sensitive security information.
(g) Additional Information.--If the information submitted to the
blocked crossing portal is insufficient to determine the locations and
potential impacts of blocked highway-rail grade crossings, the Federal
Railroad Administration may collect, from the general public, State and
local law enforcement personnel, and others as appropriate, and on a
voluntary basis, such additional information as may be necessary to
make such determinations.
(h) Limitations.--Complaints, data, and other information received
through the blocked crossing portal may not be used--
(1) to infer or extrapolate the rate or instances of crossings
beyond the data received through the portal; or
(2) for any regulatory or enforcement purposes except those
specifically described in this section.
(i) Reports.--
(1) Annual public report.--The Administrator of the Federal
Railroad Administration shall publish an annual report on a public
website regarding the blocked crossing program, including the
underlying causes of blocked crossings, program challenges, and
other findings.
(2) Report to congress.--Not later than 1 year after the date
of enactment of this Act, the Administrator of the Federal Railroad
Administration shall submit a report to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives
that describes--
(A) based on the information received through the blocked
crossing portal, frequent and long-duration blocked highway-
rail grade crossings, including the locations, dates,
durations, and impacts resulting from such occurrences;
(B) the Federal Railroad Administration's process for
verifying the accuracy of the complaints submitted to the
blocked crossing portal, including whether the portal continues
to be effective in collecting such information and identifying
blocked crossings;
(C) the Federal Railroad Administration's use of the data
compiled by the blocked crossing portal to assess the
underlying cause and overall impacts of blocked crossings;
(D) the engagement of the Federal Railroad Administration
with affected parties to identify and facilitate solutions to
frequent and long-duration blocked highway-rail grade crossings
identified by the blocked crossing portal; and
(E) whether the blocked crossing portal continues to be an
effective method to collect blocked crossing information and
what changes could improve its effectiveness.
(j) Sunset.--This section (other than subsection (k)) shall have no
force or effect beginning on the date that is 3 years after the date of
enactment of this Act.
(k) Rule of Construction.--Nothing in this section may be construed
to invalidate any authority of the Secretary with respect to blocked
highway-rail grade crossings. The Secretary may continue to use any
such authority after the sunset date set forth in subsection (j).
SEC. 22405. DATA ACCESSIBILITY.
(a) Review.--Not later than 180 days after the date of enactment of
this Act, the Chief Information Officer of the Department shall--
(1) conduct a review of the website of the Office of Safety
Analysis of the Federal Railroad Administration; and
(2) provide recommendations to the Secretary for improving the
public's usability and accessibility of the website referred to in
paragraph (1).
(b) Updates.--Not later than 1 year after receiving recommendations
from the Chief Information Officer pursuant to subsection (a)(2), the
Secretary, after considering such recommendations, shall update the
website of the Office of Safety Analysis of the Federal Railroad
Administration to improve the usability and accessibility of the
website.
SEC. 22406. EMERGENCY LIGHTING.
Not later than 1 year after the date of enactment of this Act, the
Secretary shall initiate a rulemaking to require that all rail carriers
providing intercity passenger rail transportation or commuter rail
passenger transportation (as such terms are defined in section 24102 of
title 49, United States Code), develop and implement periodic
inspection plans to ensure that passenger equipment offered for revenue
service complies with the requirements under part 238 of title 49, Code
of Federal Regulations, including ensuring that, in the event of a loss
of power, there is adequate emergency lighting available to allow
passengers, crew members, and first responders--
(1) to see and orient themselves;
(2) to identify obstacles;
(3) to safely move throughout the rail car; and
(4) to evacuate safely.
SEC. 22407. COMPREHENSIVE RAIL SAFETY REVIEW OF AMTRAK.
(a) Comprehensive Safety Assessment.--Not later than 1 year after
the date of enactment of this Act, the Secretary shall--
(1) conduct a focused review of Amtrak's safety-related
processes and procedures, compliance with safety regulations and
requirements, and overall safety culture; and
(2) submit a report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives that includes
the findings and recommendations resulting from such assessment.
(b) Plan.--
(1) Initial plan.--Not later than 6 months after the completion
of the comprehensive safety assessment under subsection (a)(1),
Amtrak shall submit a plan to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives
for addressing the findings and recommendations raised in the
comprehensive safety assessment.
(2) Annual updates.--Amtrak shall submit annual updates of its
progress toward implementing the plan submitted pursuant to
paragraph (1) to the committees listed in such paragraph.
SEC. 22408. COMPLETION OF HOURS OF SERVICE AND FATIGUE STUDIES.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Administrator of the Federal Railroad Administration
shall commence the pilot programs required under subparagraphs (A) and
(B) of section 21109(e)(1) of title 49, United States Code.
(b) Consultation.--The Federal Railroad Administration shall
consult with the class or craft of employees impacted by the pilot
projects, including railroad carriers, and representatives of labor
organizations representing the impacted employees when designing and
conducting the pilot programs referred to in subsection (a).
(c) Report.--If the pilot programs required under section
21109(e)(1) of title 49, United States Code, have not commenced on the
date that is 1 year and 120 days after the date of enactment of this
Act, the Secretary, not later than 30 days after such date, submit a
report to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure of the
House of Representatives that describes--
(1) the status of such pilot programs;
(2) actions that the Federal Railroad Administration has taken
to commence the pilot programs, including efforts to recruit
participant railroads;
(3) any challenges impacting the commencement of the pilot
programs; and
(4) any other details associated with the development of the
pilot programs that affect progress toward meeting the mandate
under such section 21109(e)(1).
SEC. 22409. POSITIVE TRAIN CONTROL STUDY.
(a) Study.--The Comptroller General of the United States shall
conduct a study to determine the annual positive train control system
operation and maintenance costs for public commuter railroads.
(b) Report.--Not later than 2 years after the date of enactment of
this Act, the Comptroller General of the United States shall submit a
report to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure of the
House of Representatives that summarizes the study conducted pursuant
to subsection (a), including the estimated annual positive train
control system operation and maintenance costs for public commuter
railroads.
SEC. 22410. OPERATING CREW MEMBER TRAINING, QUALIFICATION, AND
CERTIFICATION.
(a) Audits.--Not later than 60 days after the date of enactment of
this Act, the Secretary shall initiate audits of the training,
qualification, and certification programs of locomotive engineers and
conductors of railroad carriers, subject to the requirements of parts
240 and 242 of title 49, Code of Federal Regulations, which audits
shall--
(1) be conducted in accordance with subsection (b);
(2) consider whether such programs are in compliance with such
parts 240 and 242;
(3) assess the type and content of training that such programs
provide locomotive engineers and conductors, relevant to their
respective roles, including training related to installed
technology;
(4) determine whether such programs provide locomotive
engineers and conductors the knowledge, skill, and ability to
safely operate a locomotive or train, consistent with such parts
240 and 242;
(5) determine whether such programs reflect the current
operating practices of the railroad carrier;
(6) assess the current practice by which railroads utilize
simulator training, or any other technologies used to train and
qualify locomotive engineers and conductors by examining how such
technologies are used;
(7) consider international experience and practice using
similar technology, as appropriate, particularly before qualifying
locomotive engineers on new or unfamiliar equipment, new train
control, diagnostics, or other on-board technology;
(8) assess the current practice for familiarizing locomotive
engineers and conductors with new territory and using recurrency
training to expose such personnel to normal and abnormal
conditions; and
(9) ensure that locomotive engineers and conductor training
programs are considered separately, as appropriate, based on the
unique requirements and regulations.
(b) Audit Scheduling.--The Secretary shall--
(1) schedule the audits required under subsection (a) to ensure
that--
(A) each Class I railroad, including the National Railroad
Passenger Corporation and other intercity passenger rail
providers, is audited not less frequently than once every 5
years; and
(B) a select number, as determined appropriate by the
Secretary, of Class II and Class III railroads, along with
other railroads providing passenger rail service that are not
included in subparagraph (A), are audited annually; and
(2) conduct the audits described in paragraph (1)(B) in
accordance with the Small Business Regulatory Enforcement Fairness
Act of 1996 (5 U.S.C. 601 note) and appendix C of part 209 of title
49, Code of Federal Regulations.
(c) Updates to Qualification and Certification Program.--If the
Secretary, while conducting the audits required under this section,
identifies a deficiency in a railroad's training, qualification, and
certification program for locomotive engineers or conductors, the
railroad shall update the program to eliminate such deficiency.
(d) Consultation and Cooperation.--
(1) Consultation.--In conducting any audit required under this
section, the Secretary shall consult with the railroad and its
employees, including any nonprofit employee labor organization
representing the engineers or conductors of the railroad.
(2) Cooperation.--The railroad and its employees, including any
nonprofit employee labor organization representing engineers or
conductors of the railroad, shall fully cooperate with any such
audit, including by--
(A) providing any relevant documents requested; and
(B) making available any employees for interview without
undue delay or obstruction.
(3) Failure to cooperate.--If the Secretary determines that a
railroad or any of its employees, including any nonprofit employee
labor organization representing engineers or conductors of the
railroad is not fully cooperating with an audit, the Secretary
shall electronically notify the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives.
(e) Review of Regulations.--The Secretary shall triennially
determine whether any update to part 240 or 242 of title 49, Code of
Federal Regulations, is necessary to better prepare locomotive
engineers and conductors to safely operate trains by evaluating whether
such regulations establish appropriate Federal standards requiring
railroads--
(1) to provide locomotive engineers or conductors the knowledge
and skills to safely operate trains under conditions that reflect
industry practices;
(2) to adequately address locomotive engineer or conductor
route situational awareness, including ensuring locomotive
engineers and conductors to demonstrate knowledge on the physical
characteristics of a territory under various conditions and using
various resources;
(3) to provide relevant and adequate hands-on training before a
locomotive engineer or conductor is certified;
(4) to adequately prepare locomotive engineers or conductors to
understand relevant locomotive operating characteristics, to
include instructions on functions they are required to operate on
any installed technology; and
(5) to address any other safety issue that the Secretary
determines to be appropriate for better preparing locomotive
engineers or conductors.
(f) Annual Report.--The Secretary shall publish an annual report on
the public website of the Federal Railroad Administration that--
(1) summarizes the findings of the prior year's audits;
(2) summarizes any updates made pursuant to subsection (c); and
(3) excludes and confidential business information or sensitive
security information.
SEC. 22411. TRANSPARENCY AND SAFETY.
Section 20103(d) of title 49, United States Code, is amended to
read as follows:
``(d) Nonemergency Waivers.--
``(1) In general.--The Secretary of Transportation may waive,
or suspend the requirement to comply with, any part of a regulation
prescribed or an order issued under this chapter if such waiver or
suspension is in the public interest and consistent with railroad
safety.
``(2) Notice required.--The Secretary shall--
``(A) provide timely public notice of any request for a
waiver under this subsection or for a suspension under subpart
E of part 211 of title 49, Code of Federal Regulations, or
successor regulations;
``(B) make available the application for such waiver or
suspension and any nonconfidential underlying data to
interested parties;
``(C) provide the public with notice and a reasonable
opportunity to comment on a proposed waiver or suspension under
this subsection before making a final decision; and
``(D) publish on a publicly accessible website the reasons
for granting each such waiver or suspension.
``(3) Information protection.--Nothing in this subsection may
be construed to require the release of information protected by law
from public disclosure.
``(4) Rulemaking.--
``(A) In general.--Not later than 1 year after the first
day on which a waiver under this subsection or a suspension
under subpart E of part 211 of title 49, Code of Federal
Regulations, or successor regulations, has been in continuous
effect for a 6-year period, the Secretary shall complete a
review and analysis of such waiver or suspension to determine
whether issuing a rule that is consistent with the waiver is--
``(i) in the public interest; and
``(ii) consistent with railroad safety.
``(B) Factors.--In conducting the review and analysis under
subparagraph (A), the Secretary shall consider--
``(i) the relevant safety record under the waiver or
suspension;
``(ii) the likelihood that other entities would have
similar safety outcomes;
``(iii) the materials submitted in the applications,
including any comments regarding such materials; and
``(iv) related rulemaking activity.
``(C) Notice and comment.--
``(i) In general.--The Secretary shall publish the
review and analysis required under this paragraph in the
Federal Register, which shall include a summary of the data
collected and all relevant underlying data, if the
Secretary decides not to initiate a regulatory update under
subparagraph (D).
``(ii) Notice of proposed rulemaking.--The review and
analysis under this paragraph shall be included as part of
the notice of proposed rulemaking if the Secretary
initiates a regulatory update under subparagraph (D).
``(D) Regulatory update.--The Secretary may initiate a
rulemaking to incorporate relevant aspects of a waiver under
this subsection or a suspension under subpart E of part 211 of
title 49, Code of Federal Regulations, or successor
regulations, into the relevant regulation, to the extent the
Secretary considers appropriate.
``(5) Rule of construction.--Nothing in this subsection may be
construed to delay any waiver granted pursuant to this subsection
that is in the public interest and consistent with railroad
safety.''.
SEC. 22412. RESEARCH AND DEVELOPMENT.
Section 20108 of title 49, United States Code, is amended by adding
at the end the following:
``(d) Facilities.--The Secretary may erect, alter, and repair
buildings and make other public improvements to carry out necessary
railroad research, safety, and training activities at the
Transportation Technology Center in Pueblo, Colorado.
``(e) Offsetting Collections.--The Secretary may collect fees or
rents from facility users to offset appropriated amounts for the cost
of providing facilities or research, development, testing, training, or
other services, including long-term sustainment of the on-site physical
plant.
``(f) Revolving Fund.--Amounts appropriated to carry out subsection
(d) and all fees and rents collected pursuant to subsection (e) shall
be credited to a revolving fund and remain available until expended.
The Secretary may use such fees and rents for operation, maintenance,
repair, or improvement of the Transportation Technology Center.
``(g) Leases and Contracts.--Notwithstanding section 1302 of title
40, the Secretary may lease to others or enter into contracts for terms
of up to 20 years, for such consideration and subject to such terms and
conditions as the Secretary determines to be in the best interests of
the Government of the United States, for the operation, maintenance,
repair, and improvement of the Transportation Technology Center.
``(h) Property and Casualty Loss Insurance.--The Secretary may
allow its lessees and contractors to purchase property and casualty
loss insurance for its assets and activities at the Transportation
Technology Center to mitigate the lessee's or contractor's risk
associated with operating a facility.
``(i) Energy Projects.--Notwithstanding section 1341 of title 31,
the Secretary may enter into contracts or agreements, or commit to
obligations in connection with third-party contracts or agreements,
including contingent liability for the purchase of electric power in
connection with such contracts or agreements, for terms not to exceed
20 years, to enable the use of the land at the Transportation
Technology Center for projects to produce energy from renewable
sources.''.
SEC. 22413. RAIL RESEARCH AND DEVELOPMENT CENTER OF EXCELLENCE.
Section 20108 of title 49, United States Code, as amended by
section 22412, is further amended by adding at the end the following:
``(j) Rail Research and Development Center of Excellence.--
``(1) Center of excellence.--The Secretary shall award grants
to establish and maintain a center of excellence to advance
research and development that improves the safety, efficiency, and
reliability of passenger and freight rail transportation.
``(2) Eligibility.--An institution of higher education (as
defined in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001)) or a consortium of nonprofit institutions of higher
education shall be eligible to receive a grant from the center
established pursuant to paragraph (1).
``(3) Selection criteria.--In awarding a grant under this
subsection, the Secretary shall--
``(A) give preference to applicants with strong past
performance related to rail research, education, and workforce
development activities;
``(B) consider the extent to which the applicant would
involve public and private sector passenger and freight
railroad operators; and
``(C) consider the regional and national impacts of the
applicant's proposal.
``(4) Use of funds.--Grant funds awarded pursuant to this
subsection shall be used for basic and applied research,
evaluation, education, workforce development, and training efforts
related to safety, project delivery, efficiency, reliability,
resiliency, and sustainability of urban commuter, intercity high-
speed, and freight rail transportation, to include advances in
rolling stock, advanced positive train control, human factors, rail
infrastructure, shared corridors, grade crossing safety, inspection
technology, remote sensing, rail systems maintenance, network
resiliency, operational reliability, energy efficiency, and other
advanced technologies.
``(5) Federal share.--The Federal share of a grant awarded
under this subsection shall be 50 percent of the cost of
establishing and operating the center of excellence and related
research activities carried out by the grant recipient.''.
SEC. 22414. QUARTERLY REPORT ON POSITIVE TRAIN CONTROL SYSTEM
PERFORMANCE.
Section 20157 of title 49, United States Code, is amended by adding
at the end the following:
``(m) Reports on Positive Train Control System Performance.--
``(1) In general.--Each host railroad subject to this section
or subpart I of part 236 of title 49, Code of Federal Regulations,
shall electronically submit to the Secretary of Transportation a
Report of PTC System Performance on Form FRA F 6180.152, which
shall be submitted on or before the applicable due date set forth
in paragraph (3) and contain the information described in paragraph
(2), which shall be separated by the host railroad, each applicable
tenant railroad, and each positive train control-governed track
segment, consistent with the railroad's positive train control
Implementation Plan described in subsection (a)(1).
``(2) Required information.--Each report submitted pursuant to
paragraph (1) shall include, for the applicable reporting period--
``(A) the number of positive train control system
initialization failures, disaggregated by the number of
initialization failures for which the source or cause was the
onboard subsystem, the wayside subsystem, the communications
subsystem, the back office subsystem, or a non-positive train
control component;
``(B) the number of positive train control system cut outs,
disaggregated by each component listed in subparagraph (A) that
was the source or cause of such cut outs;
``(C) the number of positive train control system
malfunctions, disaggregated by each component listed in
subparagraph (A) that was the source or cause of such
malfunctions;
``(D) the number of enforcements by the positive train
control system;
``(E) the number of enforcements by the positive train
control system in which it is reasonable to assume an accident
or incident was prevented;
``(F) the number of scheduled attempts at initialization of
the positive train control system;
``(G) the number of train miles governed by the positive
train control system; and
``(H) a summary of any actions the host railroad and its
tenant railroads are taking to reduce the frequency and rate of
initialization failures, cut outs, and malfunctions, such as
any actions to correct or eliminate systemic issues and
specific problems.
``(3) Due dates.--
``(A) In general.--Except as provided in subparagraph (B),
each host railroad shall electronically submit the report
required under paragraph (1) not later than--
``(i) April 30, for the period from January 1 through
March 31;
``(ii) July 31, for the period from April 1 through
June 30;
``(iii) October 31, for the period from July 1 through
September 30; and
``(iv) January 31, for the period from October 1
through December 31 of the prior calendar year.
``(B) Frequency reduction.--Beginning on the date that is 3
years after the date of enactment of the Passenger Rail
Expansion and Rail Safety Act of 2021, the Secretary shall
reduce the frequency with which host railroads are required to
submit the report described in paragraph (1) to not less
frequently than twice per year, unless the Secretary--
``(i) determines that quarterly reporting is in the
public interest; and
``(ii) publishes a justification for such determination
in the Federal Register.
``(4) Tenant railroads.--Each tenant railroad that operates on
a host railroad's positive train control-governed main line and is
not currently subject to an exception under section 236.1006(b) of
title 49, Code of Federal Regulations, shall submit the information
described in paragraph (2) to each applicable host railroad on a
continuous basis.
``(5) Enforcements.--Any railroad operating a positive train
control system classified under Federal Railroad Administration
Type Approval number FRA-TA-2010-001 or FRA-TA-2013-003 shall begin
submitting the metric required under paragraph (2)(D) not later
than January 31, 2023.''.
SEC. 22415. SPEED LIMIT ACTION PLANS.
(a) Codification of, and Amendment to, Section 11406 of the FAST
Act.--Subchapter II of chapter 201 of subtitle V of title 49, United
States Code, is amended by inserting after section 20168 the following:
``Sec. 20169. Speed limit action plans
``(a) In General.--Not later than March 3, 2016, each railroad
carrier providing intercity rail passenger transportation or commuter
rail passenger transportation, in consultation with any applicable host
railroad carrier, shall survey its entire system and identify each main
track location where there is a reduction of more than 20 miles per
hour from the approach speed to a curve, bridge, or tunnel and the
maximum authorized operating speed for passenger trains at that curve,
bridge, or tunnel.
``(b) Action Plans.--Not later than 120 days after the date that
the survey under subsection (a) is complete, a railroad carrier
described in subsection (a) shall submit to the Secretary of
Transportation an action plan that--
``(1) identifies each main track location where there is a
reduction of more than 20 miles per hour from the approach speed to
a curve, bridge, or tunnel and the maximum authorized operating
speed for passenger trains at that curve, bridge, or tunnel;
``(2) describes appropriate actions to enable warning and
enforcement of the maximum authorized speed for passenger trains at
each location identified under paragraph (1), including--
``(A) modification to automatic train control systems, if
applicable, or other signal systems;
``(B) increased crew size;
``(C) installation of signage alerting train crews of the
maximum authorized speed for passenger trains in each location
identified under paragraph (1);
``(D) installation of alerters;
``(E) increased crew communication; and
``(F) other practices;
``(3) contains milestones and target dates for implementing
each appropriate action described under paragraph (2); and
``(4) ensures compliance with the maximum authorized speed at
each location identified under paragraph (1).
``(c) Approval.--Not later than 90 days after the date on which an
action plan is submitted under subsection (b) or (d)(2), the Secretary
shall approve, approve with conditions, or disapprove the action plan.
``(d) Periodic Reviews and Updates.--Each railroad carrier that
submits an action plan to the Secretary pursuant to subsection (b)
shall--
``(1) not later than 1 year after the date of enactment of the
Passenger Rail Expansion and Rail Safety Act of 2021, and annually
thereafter, review such plan to ensure the effectiveness of actions
taken to enable warning and enforcement of the maximum authorized
speed for passenger trains at each location identified pursuant to
subsection (b)(1); and
``(2) not later than 90 days before implementing any
significant operational or territorial operating change, including
initiating a new service or route, submit to the Secretary a
revised action plan, after consultation with any applicable host
railroad, that addresses such operational or territorial operating
change.
``(e) New Service.--If a railroad carrier providing intercity rail
passenger transportation or commuter rail passenger transportation did
not exist on the date of enactment of the FAST Act (Public Law 114-94;
129 Stat. 1312), such railroad carrier, in consultation with any
applicable host railroad carrier, shall--
``(1) survey its routes pursuant to subsection (a) not later
than 90 days after the date of enactment of the Passenger Rail
Expansion and Rail Safety Act of 2021; and
``(2) develop an action plan pursuant to subsection (b) not
later than 120 days after the date on which such survey is
complete.
``(f) Alternative Safety Measures.--The Secretary may exempt from
the requirements under this section each segment of track for which
operations are governed by a positive train control system certified
under section 20157, or any other safety technology or practice that
would achieve an equivalent or greater level of safety in reducing
derailment risk.
``(g) Prohibition.--No new intercity or commuter rail passenger
service may begin operation unless the railroad carrier providing such
service is in compliance with the requirements under this section.
``(h) Savings Clause.--Nothing in this section may be construed to
prohibit the Secretary from applying the requirements under this
section to other segments of track at high risk of overspeed
derailment.''.
(b) Clerical Amendment.--The analysis for chapter 201 of subtitle V
of title 49, United States Code, is amended by adding at the end the
following:
``20169. Speed limit action plans.''.
SEC. 22416. NEW PASSENGER SERVICE PRE-REVENUE SAFETY VALIDATION PLAN.
(a) In General.--Subchapter II of chapter 201 of subtitle V of
title 49, United States Code, as amended by section 22415, is further
amended by adding at the end the following:
``Sec. 20170. Pre-revenue service safety validation plan
``(a) Plan Submission.--Any railroad providing new, regularly
scheduled, intercity or commuter rail passenger transportation, an
extension of existing service, or a renewal of service that has been
discontinued for more than 180 days shall develop and submit for review
a comprehensive pre-revenue service safety validation plan to the
Secretary of Transportation not later than 60 days before initiating
such revenue service. Such plan shall include pertinent safety
milestones and a minimum period of simulated revenue service to ensure
operational readiness and that all safety sensitive personnel are
properly trained and qualified.
``(b) Compliance.--After submitting a plan pursuant to subsection
(a), the railroad shall adopt and comply with such plan and may not
amend the plan without first notifying the Secretary of the proposed
amendment. Revenue service may not begin until the railroad has
completed the requirements of its plan, including the minimum simulated
service period required by the plan.
``(c) Rulemaking.--The Secretary shall promulgate regulations to
carry out this section, including--
``(1) requiring that any identified safety deficiencies be
addressed and corrected before the initiation of revenue service;
and
``(2) establishing appropriate deadlines to enable the
Secretary to review and approve the pre-revenue service safety
validation plan to ensure that service is not unduly delayed.''.
(b) Clerical Amendment.--The analysis for chapter 201 of title 49,
United States Code, as amended by section 22415(b), is further amended
by adding at the end the following:
``20170. Pre-revenue service safety validation plan.''.
SEC. 22417. FEDERAL RAILROAD ADMINISTRATION ACCIDENT AND INCIDENT
INVESTIGATIONS.
Section 20902 of title 49, United States Code, is amended--
(1) in subsection (b) by striking ``subpena'' and inserting
``subpoena''; and
(2) by adding at the end the following:
``(d) Gathering Information and Technical Expertise.--
``(1) In general.--The Secretary shall create a standard
process for investigators to use during accident and incident
investigations conducted under this section for determining when it
is appropriate and the appropriate method for--
``(A) gathering information about an accident or incident
under investigation from railroad carriers, contractors or
employees of railroad carriers or representatives of employees
of railroad carriers, and others, as determined relevant by the
Secretary; and
``(B) consulting with railroad carriers, contractors or
employees of railroad carriers or representatives of employees
of railroad carriers, and others, as determined relevant by the
Secretary, for technical expertise on the facts of the accident
or incident under investigation.
``(2) Confidentiality.--In developing the process required
under paragraph (1), the Secretary shall factor in ways to maintain
the confidentiality of any entity identified under paragraph (1)
if--
``(A) such entity requests confidentiality;
``(B) such entity was not involved in the accident or
incident; and
``(C) maintaining such entity's confidentiality does not
adversely affect an investigation of the Federal Railroad
Administration.
``(3) Applicability.--This subsection shall not apply to any
investigation carried out by the National Transportation Safety
Board.''.
SEC. 22418. CIVIL PENALTY ENFORCEMENT AUTHORITY.
Section 21301(a) of title 49, United States Code, is amended by
striking paragraph (3) and inserting the following:
``(3) The Secretary may find that a person has violated this
chapter or a regulation prescribed or order, special permit, or
approval issued under this chapter only after notice and an opportunity
for a hearing. The Secretary shall impose a penalty under this section
by giving the person written notice of the amount of the penalty. The
Secretary may compromise the amount of a civil penalty by settlement
agreement without issuance of an order. In determining the amount of a
compromise, the Secretary shall consider--
``(A) the nature, circumstances, extent, and gravity of the
violation;
``(B) with respect to the violator, the degree of culpability,
any history of violations, the ability to pay, and any effect on
the ability to continue to do business; and
``(C) other matters that justice requires.
``(4) The Attorney General may bring a civil action in an
appropriate district court of the United States to collect a civil
penalty imposed or compromise under this section and any accrued
interest on the civil penalty. In the civil action, the amount and
appropriateness of the civil penalty shall not be subject to review.''.
SEC. 22419. ADVANCING SAFETY AND INNOVATIVE TECHNOLOGY.
(a) In General.--Section 26103 of title 49, United States Code, is
amended to read as follows:
``Sec. 26103. Safety regulations and evaluation
``The Secretary--
``(1) shall promulgate such safety regulations as may be
necessary for high-speed rail services;
``(2) shall, before promulgating such regulations, consult with
developers of new high-speed rail technologies to develop a method
for evaluating safety performance; and
``(3) may solicit feedback from relevant safety experts or
representatives of rail employees who perform work on similar
technology or who may be expected to perform work on new
technology, as appropriate.''.
(b) Clerical Amendment.--The analysis for chapter 261 of title 49,
United States Code, is amended by striking the item relating to section
26103 and inserting the following:
``26103. Safety regulations and evaluation.''.
SEC. 22420. PASSENGER RAIL VEHICLE OCCUPANT PROTECTION SYSTEMS.
(a) Study.--The Administrator of the Federal Railroad
Administration shall conduct a study of the potential installation and
use in new passenger rail rolling stock of passenger rail vehicle
occupant protection systems that could materially improve passenger
safety.
(b) Considerations.--In conducting the study under subsection (a),
the Administrator shall consider minimizing the risk of secondary
collisions, including estimating the costs and benefits of the new
requirements, through the use of--
(1) occupant restraint systems;
(2) air bags;
(3) emergency window retention systems; and
(4) interior designs, including seats, baggage restraints, and
table configurations and attachments.
(c) Report.--Not later than 2 years after the date of enactment of
this Act, the Administrator shall--
(1) submit a report summarizing the findings of the study
conducted pursuant to subsection (a) to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives;
and
(2) publish such report on the website of the Federal Railroad
Administration.
(d) Rulemaking.--Following the completion of the study required
under subsection (a), and after considering the costs and benefits of
the proposed protection systems, the Administrator may promulgate a
rule that establishes standards for the use of occupant protection
systems in new passenger rail rolling stock.
SEC. 22421. FEDERAL RAILROAD ADMINISTRATION REPORTING REQUIREMENTS.
(a) Elimination of Duplicative or Unnecessary Reporting or
Paperwork Requirements in the Federal Railroad Administration.--
(1) Review.--The Administrator of the Federal Railroad
Administration (referred to in this subsection as the ``FRA
Administrator''), in consultation with the Administrator of the
Federal Transit Administration, shall conduct a review of existing
reporting and paperwork requirements in the Federal Railroad
Administration to determine if any such requirements are
duplicative or unnecessary.
(2) Elimination of certain requirements.--If the FRA
Administrator determines, as a result of the review conducted
pursuant to paragraph (1), that any reporting or paperwork
requirement that is not statutorily required is duplicative or
unnecessary, the FRA Administrator, after consultation with the
Administrator of the Federal Transit Administration, shall
terminate such requirement.
(3) Report.--Not later than 1 year after the date of enactment
of this Act, the FRA Administrator shall submit a report to the
Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House
of Representatives that--
(A) identifies all of the reporting or paperwork
requirements that were terminated pursuant to paragraph (2);
and
(B) identifies any statutory reporting or paperwork
requirements that are duplicative or unnecessary and should be
repealed.
(b) Safety Reporting.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter for the following 4
years, the Secretary shall update Special Study Block 49 on Form FRA F
6180.54 (Rail Equipment Accident/Incident Report) to collect, with
respect to trains involved in accidents required to be reported to the
Federal Railroad Administration--
(1) the number of cars and length of the involved trains; and
(2) the number of crew members who were aboard a controlling
locomotive involved in an accident at the time of such accident.
SEC. 22422. NATIONAL ACADEMIES STUDY ON TRAINS LONGER THAN 7,500 FEET.
(a) Study.--The Secretary shall seek to enter into an agreement
with the National Academies to conduct a study on the operation of
freight trains that are longer than 7,500 feet.
(b) Elements.--The study conducted pursuant to subsection (a)
shall--
(1) examine any potential impacts to safety from the operation
of freight trains that are longer than 7,500 feet and the
mitigation of any identified risks, including--
(A) any potential changes in the risk of loss of
communications between the end of train device and the
locomotive cab, including communications over differing
terrains and conditions;
(B) any potential changes in the risk of loss of radio
communications between crew members when a crew member alights
from the train, including communications over differing
terrains and conditions;
(C) any potential changes in the risk of derailments,
including any risks associated with in-train compressive forces
and slack action or other safety risks in the operations of
such trains in differing terrains and conditions;
(D) any potential impacts associated with the deployment of
multiple distributed power units in the consists of such
trains; and
(E) any potential impacts on braking and locomotive
performance and track wear and tear;
(2) evaluate any impacts on scheduling and efficiency of
passenger operations and in the shipping of goods by freight as a
result of longer trains;
(3) determine whether additional engineer and conductor
training is required for safely operating such trains;
(4) assess the potential impact on the amount of time and
frequency of occurrence highway-rail grade crossings are occupied;
and
(5) identify any potential environmental impacts, including
greenhouse gas emissions, that have resulted from the operation of
longer trains.
(c) Comparison.--When evaluating the potential impacts of the
operation of trains longer than 7,500 feet under subsection (b), the
impacts of such trains shall be compared to the impacts of trains that
are shorter than 7,500 feet, after taking into account train frequency.
(d) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall submit a report to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives
that contains the results of the study conducted by the National
Academies under this section.
(e) Funding.--From the amounts appropriated for fiscal year 2021
pursuant to the authorization under section 20117(a) of title 49,
United States Code, the Secretary shall expend not less than $1,000,000
and not more than $2,000,000 to carry out the study required under this
section.
SEC. 22423. HIGH-SPEED TRAIN NOISE EMISSIONS.
(a) In General.--Section 17 of the Noise Control Act of 1972 (42
U.S.C. 4916) is amended--
(1) by redesignating subsections (c) and (d) as subsections (d)
and (e), respectively; and
(2) by inserting after subsection (b) the following:
``(c) High-speed Train Noise Emissions.--
``(1) In general.--The Secretary of Transportation, in
consultation with the Administrator, may prescribe regulations
governing railroad-related noise emission standards for trains
operating on the general railroad system of transportation at
speeds exceeding 160 miles per hour, including noise related to
magnetic levitation systems and other new technologies not
traditionally associated with railroads.
``(2) Factors in rulemaking.--The regulations prescribed
pursuant to paragraph (1) may--
``(A) consider variances in maximum pass-by noise with
respect to the speed of the equipment;
``(B) account for current engineering best practices; and
``(C) encourage the use of noise mitigation techniques to
the extent reasonable if the benefits exceed the costs.
``(3) Conventional-speed trains.--Railroad-related noise
regulations prescribed under subsection (a) shall continue to
govern noise emissions from the operation of trains, including
locomotives and rail cars, when operating at speeds not exceeding
160 miles per hour.''.
(b) Technical Amendment.--The second sentence of section 17(b) of
the Noise Control Act of 1972 (42 U.S.C. 4916(b)) is amended by
striking ``the Safety Appliance Acts, the Interstate Commerce Act, and
the Department of Transportation Act'' and inserting ``subtitle V of
title 49, United States Code''.
SEC. 22424. CRITICAL INCIDENT STRESS PLANS.
The Secretary shall amend part 272 of title 49, Code of Federal
Regulations, to the extent necessary to ensure that--
(1) the coverage of a critical incident stress plan under
section 272.7 of such part includes employees of commuter railroads
and intercity passenger railroads (as such terms are defined in
section 272.9 of such part), including employees who directly
interact with passengers; and
(2) an assault against an employee requiring medical attention
is included in the definition of critical incident under section
272.9 of such part.
SEC. 22425. REQUIREMENTS FOR RAILROAD FREIGHT CARS PLACED INTO SERVICE
IN THE UNITED STATES.
(a) In General.--Subchapter II of chapter 201 of subtitle V of
title 49, United States Code (as amended by section 22416(a)), is
amended by adding at the end the following:
``Sec. 20171. Requirements for railroad freight cars placed into
service in the United States
``(a) Definitions.--In this section:
``(1) Component.--The term `component' means a part or
subassembly of a railroad freight car.
``(2) Control.--The term `control' means the power, whether
direct or indirect and whether or not exercised, through the
ownership of a majority or a dominant minority of the total
outstanding voting interest in an entity, representation on the
board of directors of an entity, proxy voting on the board of
directors of an entity, a special share in the entity, a
contractual arrangement with the entity, a formal or informal
arrangement to act in concert with an entity, or any other means,
to determine, direct, make decisions, or cause decisions to be made
for the entity.
``(3) Cost of sensitive technology.--The term `cost of
sensitive technology' means the aggregate cost of the sensitive
technology located on a railroad freight car.
``(4) Country of concern.--The term `country of concern' means
a country that--
``(A) is identified by the Department of Commerce as a
nonmarket economy country (as defined in section 771(18) of the
Tariff Act of 1930 (19 U.S.C. 1677(18))) as of the date of
enactment of the Passenger Rail Expansion and Rail Safety Act
of 2021;
``(B) was identified by the United States Trade
Representative in the most recent report required by section
182 of the Trade Act of 1974 (19 U.S.C. 2242) as a foreign
country included on the priority watch list (as defined in
subsection (g)(3) of such section); and
``(C) is subject to monitoring by the Trade Representative
under section 306 of the Trade Act of 1974 (19 U.S.C. 2416).
``(5) Net cost.--The term `net cost' has the meaning given such
term in chapter 4 of the USMCA or any subsequent free trade
agreement between the United States, Mexico, and Canada.
``(6) Qualified facility.--The term `qualified facility' means
a facility that is not owned or under the control of a state-owned
enterprise.
``(7) Qualified manufacturer.--The term `qualified
manufacturer' means a railroad freight car manufacturer that is not
owned or under the control of a state-owned enterprise.
``(8) Railroad freight car.--The term `railroad freight car'
means a car designed to carry freight or railroad personnel by
rail, including--
``(A) a box car;
``(B) a refrigerator car;
``(C) a ventilator car;
``(D) an intermodal well car;
``(E) a gondola car;
``(F) a hopper car;
``(G) an auto rack car;
``(H) a flat car;
``(I) a special car;
``(J) a caboose car;
``(K) a tank car; and
``(L) a yard car.
``(9) Sensitive technology.--The term `sensitive technology'
means any device embedded with electronics, software, sensors, or
other connectivity, that enables the device to connect to, collect
data from, or exchange data with another device, including--
``(A) onboard telematics;
``(B) remote monitoring software;
``(C) firmware;
``(D) analytics;
``(E) global positioning system satellite and cellular
location tracking systems;
``(F) event status sensors;
``(G) predictive component condition and performance
monitoring sensors; and
``(H) similar sensitive technologies embedded into freight
railcar components and sub-assemblies.
``(10) State-owned enterprise.--The term `state-owned
enterprise' means--
``(A) an entity that is owned by, or under the control of,
a national, provincial, or local government of a country of
concern, or an agency of such government; or
``(B) an individual acting under the direction or influence
of a government or agency described in subparagraph (A).
``(11) Substantially transformed.--The term `substantially
transformed' means a component of a railroad freight car that
undergoes an applicable change in tariff classification as a result
of the manufacturing process, as described in chapter 4 and related
annexes of the USMCA or any subsequent free trade agreement between
the United States, Mexico, and Canada.
``(12) USMCA.--The term `USMCA' has the meaning given the term
in section 3 of the United States-Mexico-Canada Agreement
Implementation Act (19 U.S.C. 4502).
``(b) Requirements for Railroad Freight Cars.--
``(1) Limitation on railroad freight cars.--A railroad freight
car wholly manufactured on or after the date that is 1 year after
the date of issuance of the regulations required under subsection
(c)(1) may only operate on the United States general railroad
system of transportation if--
``(A) the railroad freight car is manufactured, assembled,
and substantially transformed, as applicable, by a qualified
manufacturer in a qualified facility;
``(B) none of the sensitive technology located on the
railroad freight car, including components necessary to the
functionality of the sensitive technology, originates from a
country of concern or is sourced from a state-owned enterprise;
and
``(C) none of the content of the railroad freight car,
excluding sensitive technology, originates from a country of
concern or is sourced from a state-owned enterprise that has
been determined by a recognized court or administrative agency
of competent jurisdiction and legal authority to have violated
or infringed valid United States intellectual property rights
of another including such a finding by a Federal district court
under title 35 or the U.S. International Trade Commission under
section 337 of the Tariff Act of 1930 (19 U.S.C. 1337).
``(2) Limitation on railroad freight car content.--
``(A) Percentage limitation.--
``(i) Initial limitation.--Not later than 1 year after
the date of issuance of the regulations required under
subsection (c)(1), a railroad freight car described in
paragraph (1) may operate on the United States general
railroad system of transportation only if not more than 20
percent of the content of the railroad freight car,
calculated by the net cost of all components of the car and
excluding the cost of sensitive technology, originates from
a country of concern or is sourced from a state-owned
enterprise.
``(ii) Subsequent limitation.--Effective beginning on
the date that is 3 years after the date of issuance of the
regulations required under subsection (c)(1), a railroad
freight car described in paragraph (1) may operate on the
United States general railroad system of transportation
only if not more than 15 percent of the content of the
railroad freight car, calculated by the net cost of all
components of the car and excluding the cost of sensitive
technology, originates from a country of concern or is
sourced from a state-owned enterprise.
``(B) Conflict.--The percentages specified in clauses (i)
and (ii) of subparagraph (A), as applicable, shall apply
notwithstanding any apparent conflict with provisions of
chapter 4 of the USMCA.
``(c) Regulations and Penalties.--
``(1) Regulations required.--Not later than 2 years after the
date of enactment of the Passenger Rail Expansion and Rail Safety
Act of 2021, the Secretary of Transportation shall issue such
regulations as are necessary to carry out this section, including
for the monitoring and sensitive technology requirements of this
section.
``(2) Certification required.--To be eligible to provide a
railroad freight car for operation on the United States general
railroad system of transportation, the manufacturer of such car
shall annually certify to the Secretary of Transportation that any
railroad freight cars to be so provided meet the requirements under
this section.
``(3) Compliance.--
``(A) Valid certification required.--At the time a railroad
freight car begins operation on the United States general
railroad system of transportation, the manufacturer of such
railroad freight car shall have valid certification described
in paragraph (2) for the year in which such car begins
operation.
``(B) Registration of noncompliant cars prohibited.--A
railroad freight car manufacturer may not register, or cause to
be registered, a railroad freight car that does not comply with
the requirements under this section in the Association of
American Railroad's Umler system.
``(4) Civil penalties.--
``(A) In general.--Pursuant to section 21301, the Secretary
of Transportation may assess a civil penalty of not less than
$100,000, but not more than $250,000, for each violation of
this section for each railroad freight car.
``(B) Prohibition on operation for violations.--The
Secretary of Transportation may prohibit a railroad freight car
manufacturer with respect to which the Secretary has assessed
more than 3 violations under subparagraph (A) from providing
additional railroad freight cars for operation on the United
States general railroad system of transportation until the
Secretary determines--
``(i) such manufacturer is in compliance with this
section; and
``(ii) all civil penalties assessed to such
manufacturer pursuant to subparagraph (A) have been paid in
full.''.
(b) Clerical Amendment.--The analysis for chapter 201 of subtitle V
of title 49, United States Code (as amended by section 22416(b)), is
amended by adding at the end the following:
``20171. Requirements for railroad freight cars placed into service in
the United States.''.
SEC. 22426. RAILROAD POINT OF CONTACT FOR PUBLIC SAFETY ISSUES.
All railroads shall--
(1) provide railroad contact information for public safety
issues, including a telephone number, to the relevant Federal,
State, and local oversight agencies; and
(2) post the information described in paragraph (1) on a
publicly accessible website.
SEC. 22427. CONTROLLED SUBSTANCES TESTING FOR MECHANICAL EMPLOYEES.
Not later than 180 days after the date of enactment of this Act,
the Secretary shall amend the regulations under part 219 of title 49,
Code of Federal Regulations, to require all mechanical employees of
railroads to be subject to all of the breath or body fluid testing set
forth in subpart C, D, and E of such part, including random testing,
reasonable suspicion testing, reasonable cause testing, pre-employment
testing, return-to-duty testing, and follow-up testing.
TITLE III--MOTOR CARRIER SAFETY
SEC. 23001. AUTHORIZATION OF APPROPRIATIONS.
(a) Administrative Expenses.--Section 31110 of title 49, United
States Code, is amended by striking subsection (a) and inserting the
following:
``(a) Administrative Expenses.--There are authorized to be
appropriated from the Highway Trust Fund (other than the Mass Transit
Account) for the Secretary of Transportation to pay administrative
expenses of the Federal Motor Carrier Safety Administration--
``(1) $360,000,000 for fiscal year 2022;
``(2) $367,500,000 for fiscal year 2023;
``(3) $375,000,000 for fiscal year 2024;
``(4) $382,500,000 for fiscal year 2025; and
``(5) $390,000,000 for fiscal year 2026.''.
(b) Financial Assistance Programs.--Section 31104 of title 49,
United States Code, is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Financial Assistance Programs.--There are authorized to be
appropriated from the Highway Trust Fund (other than the Mass Transit
Account)--
``(1) subject to subsection (c), to carry out the motor carrier
safety assistance program under section 31102 (other than the high
priority program under subsection (l) of that section)--
``(A) $390,500,000 for fiscal year 2022;
``(B) $398,500,000 for fiscal year 2023;
``(C) $406,500,000 for fiscal year 2024;
``(D) $414,500,000 for fiscal year 2025; and
``(E) $422,500,000 for fiscal year 2026;
``(2) subject to subsection (c), to carry out the high priority
program under section 31102(l) (other than the commercial motor
vehicle enforcement training and support grant program under
paragraph (5) of that section)--
``(A) $57,600,000 for fiscal year 2022;
``(B) $58,800,000 for fiscal year 2023;
``(C) $60,000,000 for fiscal year 2024;
``(D) $61,200,000 for fiscal year 2025; and
``(E) $62,400,000 for fiscal year 2026;
``(3) to carry out the commercial motor vehicle enforcement
training and support grant program under section 31102(l)(5),
$5,000,000 for each of fiscal years 2022 through 2026;
``(4) to carry out the commercial motor vehicle operators grant
program under section 31103--
``(A) $1,100,000 for fiscal year 2022;
``(B) $1,200,000 for fiscal year 2023;
``(C) $1,300,000 for fiscal year 2024;
``(D) $1,400,000 for fiscal year 2025; and
``(E) $1,500,000 for fiscal year 2026; and
``(5) subject to subsection (c), to carry out the financial
assistance program for commercial driver's license implementation
under section 31313--
``(A) $41,800,000 for fiscal year 2022;
``(B) $42,650,000 for fiscal year 2023;
``(C) $43,500,000 for fiscal year 2024;
``(D) $44,350,000 for fiscal year 2025; and
``(E) $45,200,000 for fiscal year 2026.'';
(2) in subsection (b)(2)--
(A) in the third sentence, by striking ``The Secretary''
and inserting the following:
``(C) In-kind contributions.--The Secretary'';
(B) in the second sentence, by striking ``The Secretary''
and inserting the following:
``(B) Limitation.--The Secretary'';
(C) in the first sentence--
(i) by inserting ``(except subsection (l)(5) of that
section)'' after ``section 31102''; and
(ii) by striking ``The Secretary'' and inserting the
following:
``(A) Reimbursement percentage.--
``(i) In general.--The Secretary''; and
(D) in subparagraph (A) (as so designated), by adding at
the end the following:
``(ii) Commercial motor vehicle enforcement training
and support grant program.--The Secretary shall reimburse a
recipient, in accordance with a financial assistance
agreement made under section 31102(l)(5), an amount that is
equal to 100 percent of the costs incurred by the recipient
in a fiscal year in developing and implementing a training
program under that section.'';
(3) in subsection (c)--
(A) in the subsection heading, by striking ``Partner
Training and'';
(B) in the first sentence--
(i) by striking ``(4)'' and inserting ``(5)''; and
(ii) by striking ``partner training and''; and
(C) by striking the second sentence; and
(4) in subsection (f)--
(A) in paragraph (1), by striking ``for the next fiscal
year'' and inserting ``for the next 2 fiscal years'';
(B) in paragraph (4), by striking ``for the next fiscal
year'' and inserting ``for the next 2 fiscal years'';
(C) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), respectively; and
(D) by inserting after paragraph (3) the following:
``(4) For grants made for carrying out section 31102(l)(5), for
the fiscal year in which the Secretary approves the financial
assistance agreement and for the next 4 fiscal years.''; and
(5) in subsection (i)--
(A) by striking ``Amounts not expended'' and inserting the
following:
``(1) In general.--Except as provided in paragraph (2), amounts
not expended''; and
(B) by adding at the end the following:
``(2) Motor carrier safety assistance program.--Amounts made
available for the motor carrier safety assistance program
established under section 31102 (other than amounts made available
to carry out section 31102(l)) that are not expended by a recipient
during the period of availability shall be released back to the
Secretary for reallocation under that program.''.
(c) Enforcement Data Updates.--Section 31102(h)(2)(A) of title 49,
United States Code, is amended by striking ``2004 and 2005'' and
inserting ``2014 and 2015''.
SEC. 23002. MOTOR CARRIER SAFETY ADVISORY COMMITTEE.
Section 4144 of the SAFETEA-LU (49 U.S.C. 31100 note; Public Law
109-59) is amended--
(1) in subsection (b)(1), in the second sentence, by inserting
``, including small business motor carriers'' after ``industry'';
and
(2) in subsection (d), by striking ``September 30, 2013'' and
inserting ``September 30, 2025''.
SEC. 23003. COMBATING HUMAN TRAFFICKING.
Section 31102(l) of title 49, United States Code, is amended--
(1) in paragraph (2)--
(A) in subparagraph (G)(ii), by striking ``and'' at the
end;
(B) by redesignating subparagraph (H) as subparagraph (J);
and
(C) by inserting after subparagraph (G) the following:
``(H) support, through the use of funds otherwise available
for such purposes--
``(i) the recognition, prevention, and reporting of
human trafficking, including the trafficking of human
beings--
``(I) in a commercial motor vehicle; or
``(II) by any occupant, including the operator, of
a commercial motor vehicle;
``(ii) the detection of criminal activity or any other
violation of law relating to human trafficking; and
``(iii) enforcement of laws relating to human
trafficking;
``(I) otherwise support the recognition, prevention, and
reporting of human trafficking; and''; and
(2) in paragraph (3)(D)--
(A) in clause (ii), by striking ``and'' at the end;
(B) in clause (iii), by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following:
``(iv) for the detection of, and enforcement actions
taken as a result of, criminal activity (including the
trafficking of human beings)--
``(I) in a commercial motor vehicle; or
``(II) by any occupant, including the operator, of
a commercial motor vehicle; and
``(v) in addition to any funds otherwise made available
for the recognition, prevention, and reporting of human
trafficking, to support the recognition, prevention, and
reporting of human trafficking.''.
SEC. 23004. IMMOBILIZATION GRANT PROGRAM.
Section 31102(l) of title 49, United States Code, is amended by
adding at the end the following:
``(4) Immobilization grant program.--
``(A) Definition of passenger-carrying commercial motor
vehicle.--In this paragraph, the term `passenger-carrying
commercial motor vehicle' has the meaning given the term
`commercial motor vehicle' in section 31301.
``(B) Establishment.--The Secretary shall establish an
immobilization grant program under which the Secretary shall
provide to States discretionary grants for the immobilization
or impoundment of passenger-carrying commercial motor vehicles
that--
``(i) are determined to be unsafe; or
``(ii) fail inspection.
``(C) List of criteria for immobilization.--The Secretary,
in consultation with State commercial motor vehicle entities,
shall develop a list of commercial motor vehicle safety
violations and defects that the Secretary determines warrant
the immediate immobilization of a passenger-carrying commercial
motor vehicle.
``(D) Eligibility.--A State shall be eligible to receive a
grant under this paragraph only if the State has the authority
to require the immobilization or impoundment of a passenger-
carrying commercial motor vehicle--
``(i) with respect to which a motor vehicle safety
violation included in the list developed under subparagraph
(C) is determined to exist; or
``(ii) that is determined to have a defect included in
that list.
``(E) Use of funds.--A grant provided under this paragraph
may be used for--
``(i) the immobilization or impoundment of passenger-
carrying commercial motor vehicles described in
subparagraph (D);
``(ii) safety inspections of those passenger-carrying
commercial motor vehicles; and
``(iii) any other activity relating to an activity
described in clause (i) or (ii), as determined by the
Secretary.
``(F) Secretary authorization.--The Secretary may provide
to a State amounts for the costs associated with carrying out
an immobilization program using funds made available under
section 31104(a)(2).''.
SEC. 23005. COMMERCIAL MOTOR VEHICLE ENFORCEMENT TRAINING AND SUPPORT.
Section 31102(l) of title 49, United States Code (as amended by
section 23004), is amended--
(1) in paragraph (1), by striking ``(2) and (3)'' and inserting
``(2) through (5)''; and
(2) by adding at the end the following:
``(5) Commercial motor vehicle enforcement training and support
grant program.--
``(A) In general.--The Secretary shall administer a
commercial motor vehicle enforcement training and support grant
program funded under section 31104(a)(3), under which the
Secretary shall make discretionary grants to eligible entities
described in subparagraph (C) for the purposes described in
subparagraph (B).
``(B) Purposes.--The purposes of the grant program under
subparagraph (A) are--
``(i) to train non-Federal employees who conduct
commercial motor vehicle enforcement activities; and
``(ii) to develop related training materials.
``(C) Eligible entities.--An entity eligible for a
discretionary grant under the program described in subparagraph
(A) is a nonprofit organization that has--
``(i) expertise in conducting a training program for
non-Federal employees; and
``(ii) the ability to reach and involve in a training
program a target population of commercial motor vehicle
safety enforcement employees.''.
SEC. 23006. STUDY OF COMMERCIAL MOTOR VEHICLE CRASH CAUSATION.
(a) Definitions.--In this section:
(1) Commercial motor vehicle.--The term ``commercial motor
vehicle'' has the meaning given the term in section 31132 of title
49, United States Code.
(2) Study.--The term ``study'' means the study carried out
under subsection (b).
(b) Study.--The Secretary shall carry out a comprehensive study--
(1) to determine the causes of, and contributing factors to,
crashes that involve a commercial motor vehicle; and
(2) to identify data requirements, data collection procedures,
reports, and any other measures that can be used to improve the
ability of States and the Secretary--
(A) to evaluate future crashes involving commercial motor
vehicles;
(B) to monitor crash trends and identify causes and
contributing factors; and
(C) to develop effective safety improvement policies and
programs.
(c) Design.--The study shall be designed to yield information that
can be used to help policy makers, regulators, and law enforcement
identify activities and other measures that are likely to lead to
reductions in--
(1) the frequency of crashes involving a commercial motor
vehicle;
(2) the severity of crashes involving a commercial motor
vehicle; and
(3) fatalities and injuries.
(d) Consultation.--In designing and carrying out the study, the
Secretary may consult with individuals or entities with expertise on--
(1) crash causation and prevention;
(2) commercial motor vehicles, commercial drivers, and motor
carriers, including passenger carriers;
(3) highways and noncommercial motor vehicles and drivers;
(4) Federal and State highway and motor carrier safety
programs;
(5) research methods and statistical analysis; and
(6) other relevant topics, as determined by the Secretary.
(e) Public Comment.--The Secretary shall make available for public
comment information about the objectives, methodology, implementation,
findings, and other aspects of the study.
(f) Reports.--As soon as practicable after the date on which the
study is completed, the Secretary shall submit to Congress a report
describing the results of the study and any legislative recommendations
to facilitate reductions in the matters described in paragraphs (1)
through (3) of subsection (c).
SEC. 23007. PROMOTING WOMEN IN THE TRUCKING WORKFORCE.
(a) Findings.--Congress finds that--
(1) women make up 47 percent of the workforce of the United
States;
(2) women are significantly underrepresented in the trucking
industry, holding only 24 percent of all transportation and
warehousing jobs and representing only--
(A) 6.6 percent of truck drivers;
(B) 12.5 percent of all workers in truck transportation;
and
(C) 8 percent of freight firm owners;
(3) given the total number of women truck drivers, women are
underrepresented in the truck-driving workforce; and
(4) women truck drivers have been shown to be 20 percent less
likely than male counterparts to be involved in a crash.
(b) Sense of Congress Regarding Women in Trucking.--It is the sense
of Congress that the trucking industry should explore every opportunity
to encourage and support the pursuit and retention of careers in
trucking by women, including through programs that support recruitment,
driver training, and mentorship.
(c) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Motor Carrier Safety Administration.
(2) Board.--The term ``Board'' means the Women of Trucking
Advisory Board established under subsection (d)(1).
(3) Large trucking company.--The term ``large trucking
company'' means a motor carrier (as defined in section 13102 of
title 49, United States Code) with more than 100 power units.
(4) Mid-sized trucking company.--The term ``mid-sized trucking
company'' means a motor carrier (as defined in section 13102 of
title 49, United States Code) with not fewer than 11 power units
and not more than 100 power units.
(5) Power unit.--The term ``power unit'' means a self-propelled
vehicle under the jurisdiction of the Federal Motor Carrier Safety
Administration.
(6) Small trucking company.--The term ``small trucking
company'' means a motor carrier (as defined in section 13102 of
title 49, United States Code) with not fewer than 1 power unit and
not more than 10 power units.
(d) Women of Trucking Advisory Board.--
(1) Establishment.--To encourage women to enter the field of
trucking, the Administrator shall establish and facilitate an
advisory board, to be known as the ``Women of Trucking Advisory
Board'', to review and report on policies that--
(A) provide education, training, mentorship, or outreach to
women in the trucking industry; and
(B) recruit, retain, or advance women in the trucking
industry.
(2) Membership.--
(A) In general.--The Board shall be composed of not fewer
than 8 members whose backgrounds, experience, and
certifications allow those members to contribute balanced
points of view and diverse ideas regarding the matters
described in paragraph (3)(B).
(B) Appointment.--
(i) In general.--Not later than 270 days after the date
of enactment of this Act, the Administrator shall appoint
the members of the Board, of whom--
(I) not fewer than 1 shall be a representative of
large trucking companies;
(II) not fewer than 1 shall be a representative of
mid-sized trucking companies;
(III) not fewer than 1 shall be a representative of
small trucking companies;
(IV) not fewer than 1 shall be a representative of
nonprofit organizations in the trucking industry;
(V) not fewer than 1 shall be a representative of
trucking business associations;
(VI) not fewer than 1 shall be a representative of
independent owner-operators;
(VII) not fewer than 1 shall be a woman who is a
professional truck driver; and
(VIII) not fewer than 1 shall be a representative
of an institution of higher education or trucking trade
school.
(ii) Diversity.--A member of the Board appointed under
any of subclauses (I) through (VIII) of clause (i) may not
be appointed under any other subclause of that clause.
(C) Terms.--Each member shall be appointed for the life of
the Board.
(D) Compensation.--A member of the Board shall serve
without compensation.
(3) Duties.--
(A) In general.--The Board shall identify--
(i) barriers and industry trends that directly or
indirectly discourage women from pursuing and retaining
careers in trucking, including--
(I) any particular barriers and trends that impact
women minority groups;
(II) any particular barriers and trends that impact
women who live in rural, suburban, or urban areas; and
(III) any safety risks unique to women in the
trucking industry;
(ii) ways in which the functions of trucking companies,
nonprofit organizations, training and education providers,
and trucking associations may be coordinated to facilitate
support for women pursuing careers in trucking;
(iii) opportunities to expand existing opportunities
for women in the trucking industry; and
(iv) opportunities to enhance trucking training,
mentorship, education, and advancement and outreach
programs that would increase the number of women in the
trucking industry.
(B) Report.--Not later than 2 years after the date of
enactment of this Act, the Board shall submit to the
Administrator a report containing the findings and
recommendations of the Board, including recommendations that
companies, associations, institutions, other organizations, or
the Administrator may adopt--
(i) to address any industry trends identified under
subparagraph (A)(i);
(ii) to coordinate the functions of trucking companies,
nonprofit organizations, and trucking associations in a
manner that facilitates support for women pursuing careers
in trucking;
(iii)(I) to take advantage of any opportunities
identified under subparagraph (A)(iii); and
(II) to create new opportunities to expand existing
scholarship opportunities for women in the trucking
industry; and
(iv) to enhance trucking training, mentorship,
education, and outreach programs that are exclusive to
women.
(4) Report to congress.--
(A) In general.--Not later than 3 years after the date of
enactment of this Act, the Administrator shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report describing--
(i) the findings and recommendations of the Board under
paragraph (3)(B); and
(ii) any actions taken by the Administrator to adopt
the recommendations of the Board (or an explanation of the
reasons for not adopting the recommendations).
(B) Public availability.--The Administrator shall make the
report under subparagraph (A) publicly available--
(i) on the website of the Federal Motor Carrier Safety
Administration; and
(ii) in appropriate offices of the Federal Motor
Carrier Safety Administration.
(5) Termination.--The Board shall terminate on submission of
the report to Congress under paragraph (4).
SEC. 23008. STATE INSPECTION OF PASSENGER-CARRYING COMMERCIAL MOTOR
VEHICLES.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall solicit additional comment on the
advance notice of proposed rulemaking entitled ``State Inspection
Programs for Passenger-Carrier Vehicles'' (81 Fed. Reg. 24769 (April
27, 2016)).
(b) Final Rule.--
(1) In general.--After reviewing all comments received in
response to the solicitation under subsection (a), if the Secretary
determines that data and information exist to support moving
forward with a final rulemaking action, the Secretary shall issue a
final rule relating to the advance notice of proposed rulemaking
described in that subsection.
(2) Considerations.--In determining whether to issue a final
rule under paragraph (1), the Secretary shall consider the impact
of continuing to allow self-inspection as a means to satisfy
periodic inspection requirements on the safety of passenger carrier
operations.
SEC. 23009. TRUCK LEASING TASK FORCE.
(a) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Secretary, in consultation with the
Secretary of Labor, shall establish a task force, to be known as the
``Truck Leasing Task Force'' (referred to in this section as the ``Task
Force'').
(b) Membership.--
(1) In general.--The Secretary shall select not more than 10
individuals to serve as members of the Task Force, including at
least 1 representative from each of the following:
(A) Labor organizations.
(B) Motor carriers that provide lease-purchase agreements
to owner-operators.
(C) Consumer protection groups.
(D) Members of the legal profession who specialize in
consumer finance issues, including experience with lease-
purchase agreements.
(E) Owner-operators in the trucking industry with
experience regarding lease-purchase agreements.
(F) Businesses that provide or are subject to lease-
purchase agreements in the trucking industry.
(2) Compensation.--A member of the Task Force shall serve
without compensation.
(c) Duties.--The Task Force shall examine, at a minimum--
(1) common truck leasing arrangements available to commercial
motor vehicle drivers, including lease-purchase agreements;
(2) the terms of the leasing agreements described in paragraph
(1);
(3)(A) the existence of inequitable leasing agreements and
terms in the motor carrier industry;
(B) whether any such inequitable terms and agreements affect
the frequency of maintenance performed on vehicles subject to those
agreements; and
(C) whether any such inequitable terms and agreements affect
whether a vehicle is kept in a general state of good repair;
(4) specific agreements available to drayage drivers at ports
relating to the Clean Truck Program or any similar program to
decrease emissions from port operations;
(5) the impact of truck leasing agreements on the net
compensation of commercial motor vehicle drivers, including port
drayage drivers;
(6) whether truck leasing agreements properly incentivize the
safe operation of vehicles, including driver compliance with the
hours of service regulations and laws governing speed and safety
generally;
(7) resources to assist commercial motor vehicle drivers in
assessing the financial impacts of leasing agreements; and
(8)(A) the opportunity that equitable leasing agreements
provide for drivers to start or expand trucking companies; and
(B) the history of motor carriers starting from single owner-
operators.
(d) Report.--On completion of the examination under subsection (c),
the Task Force shall submit to the Secretary, the Secretary of Labor,
and the appropriate committees of Congress a report containing--
(1) the findings of the Task Force with respect to the matters
described in subsection (c);
(2) best practices relating to--
(A) assisting a commercial motor vehicle driver in
assessing the impacts of leasing agreements prior to entering
into such an agreement;
(B) assisting a commercial motor vehicle driver who has
entered into a predatory lease agreement; and
(C) preventing coercion and impacts on safety as described
in section 31136 of title 49, United States Code; and
(3) recommendations relating to changes to laws (including
regulations), as applicable, at the Federal, State, or local level
to promote fair leasing agreements under which a commercial motor
vehicle driver, including a short haul driver, who is a party to
such an agreement is able to earn a rate commensurate with other
commercial motor vehicle drivers performing similar duties.
(e) Termination.--Not later than 30 days after the date on which
the report under subsection (d) is submitted, the Task Force shall
terminate.
SEC. 23010. AUTOMATIC EMERGENCY BRAKING.
(a) Definitions.--In this section:
(1) Automatic emergency braking system.--The term ``automatic
emergency braking system'' means a system on a commercial motor
vehicle that, based on a predefined distance and closing rate with
respect to an obstacle in the path of the commercial motor
vehicle--
(A) alerts the driver of the obstacle; and
(B) if necessary to avoid or mitigate a collision with the
obstacle, automatically applies the brakes of the commercial
motor vehicle.
(2) Commercial motor vehicle.--The term ``commercial motor
vehicle'' has the meaning given the term in section 31101 of title
49, United States Code.
(b) Federal Motor