[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