[Congressional Record Volume 166, Number 120 (Tuesday, June 30, 2020)]
[House]
[Pages H2694-H2978]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
INVESTING IN A NEW VISION FOR THE ENVIRONMENT AND SURFACE
TRANSPORTATION IN AMERICA ACT
Mr. DeFAZIO. Mr. Speaker, pursuant to House Resolution 1028, I call
up the bill (H.R. 2) to authorize funds for Federal-aid highways,
highway safety programs, and transit programs, and for other purposes,
and ask for its immediate consideration in the House.
The Clerk read the title of the bill.
The SPEAKER pro tempore. Pursuant to House Resolution 1028, in lieu
of the amendment in the nature of a substitute recommended by the
Committee on Transportation and Infrastructure, printed in the bill, an
amendment in the nature of a substitute consisting of the text of Rules
Committee Print 116-54, modified by the amendment printed in part A of
House Report 116-438, is adopted, and the bill, as amended, is
considered read.
The text of the bill, as amended, is as follows:
H.R. 2
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Moving Forward Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
DIVISION A--FEDERAL SURFACE TRANSPORTATION PROGRAMS FOR FISCAL YEAR
2021
Sec. 100. Short title.
Sec. 101. Extension of Federal surface transportation programs.
Sec. 102. Federal Highway Administration.
Sec. 103. Federal Transit Administration.
Sec. 104. National Highway Traffic Safety Administration.
Sec. 105. Federal Motor Carrier Safety Administration.
Sec. 106. Definitions.
DIVISION B--SURFACE TRANSPORTATION
Sec. 1001. Applicability of division.
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A--Authorizations and Program Conditions
Sec. 1101. Authorization of appropriations.
Sec. 1102. Obligation limitation.
Sec. 1103. Definitions and declaration of policy.
Sec. 1104. Apportionment.
Sec. 1105. Additional deposits into Highway Trust Fund.
Sec. 1106. Transparency.
Sec. 1107. Complete and context sensitive street design.
Sec. 1108. Innovative project delivery Federal share.
Sec. 1109. Transferability of Federal-aid highway funds.
Sec. 1110. Tolling.
Sec. 1111. HOV facilities.
Sec. 1112. Buy America.
Sec. 1113. Federal-aid highway project requirements.
Sec. 1114. State assumption of responsibility for categorical
exclusions.
Sec. 1115. Surface transportation project delivery program written
agreements.
Sec. 1116. Corrosion prevention for bridges.
Sec. 1117. Sense of Congress.
Subtitle B--Programmatic Infrastructure Investment
Sec. 1201. National highway performance program.
Sec. 1202. Increasing the resilience of transportation assets.
Sec. 1203. Emergency relief.
Sec. 1204. Railway crossings.
Sec. 1205. Surface transportation program.
Sec. 1206. Transportation alternatives program.
Sec. 1207. Bridge investment.
Sec. 1208. Construction of ferry boats and ferry terminal facilities.
Sec. 1209. Highway safety improvement program.
Sec. 1210. Congestion mitigation and air quality improvement program.
Sec. 1211. Electric vehicle charging stations.
Sec. 1212. National highway freight program.
Sec. 1213. Carbon pollution reduction.
Sec. 1214. Recreational trails.
Sec. 1215. Safe routes to school program.
Sec. 1216. Bicycle transportation and pedestrian walkways.
Subtitle C--Project-Level Investments
Sec. 1301. Projects of national and regional significance.
Sec. 1302. Community transportation investment grant program.
Sec. 1303. Grants for charging and fueling infrastructure to modernize
and reconnect America for the 21st century.
Sec. 1304. Community climate innovation grants.
Sec. 1305. Metro performance program.
Sec. 1306. Gridlock reduction grant program.
Sec. 1307. Rebuild rural grant program.
Sec. 1308. Parking for commercial motor vehicles.
Sec. 1309. Active transportation connectivity grant program.
Subtitle D--Planning, Performance Management, and Asset Management
Sec. 1401. Metropolitan transportation planning.
Sec. 1402. Statewide and nonmetropolitan transportation planning.
Sec. 1403. National goals and performance management measures.
Sec. 1404. Transportation demand data and modeling study.
Sec. 1405. Fiscal constraint on long-range transportation plans.
Subtitle E--Federal Lands, Tribes, and Territories
Sec. 1501. Territorial and Puerto Rico highway program.
Sec. 1502. Tribal transportation program.
Sec. 1503. Tribal High Priority Projects program.
Sec. 1504. Federal lands transportation program.
Sec. 1505. Federal lands and Tribal major projects program.
Sec. 1506. Office of Tribal Government Affairs.
Sec. 1507. Alternative contracting methods.
Sec. 1508. Divestiture of federally owned bridges.
Sec. 1509. Study on Federal funding available to Indian Tribes.
Sec. 1510. GAO study.
Subtitle F--Additional Provisions
Sec. 1601. Vision zero.
Sec. 1602. Speed limits.
Sec. 1603. Broadband infrastructure deployment.
Sec. 1604. Balance Exchanges for Infrastructure Program.
Sec. 1605. Stormwater best management practices.
Sec. 1606. Pedestrian facilities in the public right-of-way.
Sec. 1607. Highway formula modernization report.
Sec. 1608. Consolidation of programs.
Sec. 1609. Student outreach report to Congress.
Sec. 1610. Task force on developing a 21st century surface
transportation workforce.
Sec. 1611. On-the-job training and supportive services.
Sec. 1612. Work zone safety.
Sec. 1613. Transportation education development program.
Sec. 1614. Working group on construction resources.
Sec. 1615. Numbering system of highway interchanges.
Sec. 1616. Toll credits.
Sec. 1617. Transportation construction materials procurement.
Sec. 1618. Construction of certain access and development roads.
Sec. 1619. Nationwide road safety assessment.
Sec. 1620. Wildlife crossings.
Sec. 1621. Climate resilient transportation infrastructure study.
Sec. 1622. Elimination of duplication of environmental reviews and
approvals.
Sec. 1623. AMBER Alerts along major transportation routes.
Sec. 1624. Natural gas, electric battery, and zero emission vehicles.
Sec. 1625. Guidance on evacuation routes.
Sec. 1626. High priority corridors on National Highway System.
Sec. 1627. Guidance on inundated and submerged roads.
Sec. 1628. Dry bulk weight tolerance.
Sec. 1629. Highway use tax evasion projects.
Sec. 1630. The United States opposes child labor.
TITLE II--PUBLIC TRANSPORTATION
Subtitle A--Federal Transit Administration
Sec. 2101. Authorizations.
Sec. 2102. Chapter 53 definitions.
Sec. 2103. General provisions.
Sec. 2104. Miscellaneous provisions.
Sec. 2105. Policies and purposes.
Sec. 2106. Fiscal year 2022 formulas.
Sec. 2107. Metropolitan transportation planning.
Sec. 2108. Statewide and nonmetropolitan transportation planning.
Sec. 2109. Obligation limitation.
Sec. 2110. Public transportation emergency relief funds.
Sec. 2111. General provisions.
Sec. 2112. Certification requirements.
Subtitle B--Improving Frequency and Ridership
Sec. 2201. Multi-jurisdictional bus frequency and ridership competitive
grants.
Sec. 2202. Incentivizing frequency in the urban formula.
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Sec. 2203. Mobility innovation.
Sec. 2204. Formula grants for rural areas.
Sec. 2205. One-stop paratransit program.
Subtitle C--Buy America and Other Procurement Reforms
Sec. 2301. Buy America.
Sec. 2302. Bus procurement streamlining.
Sec. 2303. Bus testing facility.
Sec. 2304. Repayment requirement.
Sec. 2305. Definition of urbanized areas following a major disaster.
Sec. 2306. Special rule for certain rolling stock procurements.
Sec. 2307. Certification requirements.
Subtitle D--Bus Grant Reforms
Sec. 2401. Formula grants for buses.
Sec. 2402. Bus facilities and fleet expansion competitive grants.
Sec. 2403. Zero emission bus grants.
Sec. 2404. Restoration to state of good repair formula subgrant.
Subtitle E--Supporting All Riders
Sec. 2501. Low-income urban formula funds.
Sec. 2502. Rural persistent poverty formula.
Sec. 2503. Demonstration grants to support reduced fare transit.
Subtitle F--Supporting Frontline Workers and Passenger Safety
Sec. 2601. National transit frontline workforce training center.
Sec. 2602. Public transportation safety program.
Sec. 2603. Innovation workforce standards.
Sec. 2604. Safety performance measures and set asides.
Sec. 2605. U.S. Employment Plan.
Sec. 2606. Technical assistance and workforce development.
Subtitle G--Transit-Supportive Communities
Sec. 2701. Transit-supportive communities.
Sec. 2702. Property disposition for affordable housing.
Sec. 2703. Affordable housing incentives in capital investment grants.
Subtitle H--Innovation
Sec. 2801. Mobility innovation sandbox program.
Sec. 2802. Transit bus operator compartment redesign program.
Sec. 2803. Federal Transit Administration Every Day Counts initiative.
Sec. 2804. Technical corrections.
Sec. 2805. National advanced technology transit bus development
program.
Subtitle I--Other Program Reauthorizations
Sec. 2901. Reauthorization for capital and preventive maintenance
projects for Washington Metropolitan Area Transit
Authority.
Sec. 2902. Other apportionments.
Subtitle J--Streamlining
Sec. 2911. Fixed guideway capital investment grants.
Sec. 2912. Rural and small urban apportionment deadline.
Sec. 2913. Disposition of assets beyond useful life.
Sec. 2914. Innovative coordinated access and mobility.
Sec. 2915. Passenger ferry grants.
Sec. 2916. Evaluation of benefits and Federal investment.
TITLE III--HIGHWAY TRAFFIC SAFETY
Sec. 3001. Authorization of appropriations.
Sec. 3002. Highway safety programs.
Sec. 3003. Traffic safety enforcement grants.
Sec. 3004. Highway safety research and development.
Sec. 3005. Grant program to prohibit racial profiling.
Sec. 3006. High-visibility enforcement program.
Sec. 3007. National priority safety programs.
Sec. 3008. Minimum penalties for repeat offenders for driving while
intoxicated or driving under the influence.
Sec. 3009. National priority safety program grant eligibility.
Sec. 3010. Implicit bias research and training grants.
Sec. 3011. Stop motorcycle checkpoint funding.
Sec. 3012. Electronic driver's license.
Sec. 3013. Motorcyclist Advisory Council.
TITLE IV--MOTOR CARRIER SAFETY
Subtitle A--Motor Carrier Safety Grants, Operations, and Programs
Sec. 4101. Motor carrier safety grants.
Sec. 4102. Motor carrier safety operations and programs.
Sec. 4103. Immobilization grant program.
Subtitle B--Motor Carrier Safety Oversight
Sec. 4201. Motor carrier safety advisory committee.
Sec. 4202. Compliance, safety, accountability.
Sec. 4203. Terms and conditions for exemptions.
Sec. 4204. Safety fitness of motor carriers of passengers.
Sec. 4205. Providers of recreational activities.
Sec. 4206. Amendments to regulations relating to transportation of
household goods in interstate commerce.
Subtitle C--Commercial Motor Vehicle Driver Safety
Sec. 4301. Commercial driver's license for passenger carriers.
Sec. 4302. Alcohol and controlled substances testing.
Sec. 4303. Entry-level driver training.
Sec. 4304. Driver detention time.
Sec. 4305. Truck Leasing Task Force.
Sec. 4306. Hours of service.
Sec. 4307. Driver recruitment.
Sec. 4308. Screening for obstructive sleep apnea.
Sec. 4309. Women of Trucking Advisory Board.
Subtitle D--Commercial Motor Vehicle and Schoolbus Safety
Sec. 4401. Schoolbus safety standards.
Sec. 4402. Illegal passing of schoolbuses.
Sec. 4403. State inspection of passenger-carrying commercial motor
vehicles.
Sec. 4404. Automatic emergency braking.
Sec. 4405. Underride protection.
Sec. 4406. Transportation of horses.
Sec. 4407. Additional State authority.
Sec. 4408. Updating the required amount of insurance for commercial
motor vehicles.
TITLE V--INNOVATION
Sec. 5001. Authorization of appropriations.
Subtitle A--Research and Development
Sec. 5101. Highway research and development program.
Sec. 5102. Materials to reduce greenhouse gas emissions program.
Sec. 5103. Transportation research and development 5-year strategic
plan.
Sec. 5104. University transportation centers program.
Sec. 5105. Unsolicited research initiative.
Sec. 5106. National cooperative multimodal freight transportation
research program.
Sec. 5107. Wildlife-vehicle collision reduction and habitat
connectivity improvement.
Sec. 5108. Research activities.
Sec. 5109. Innovative material innovation hubs.
Subtitle B--Technology Deployment
Sec. 5201. Technology and innovation deployment program.
Sec. 5202. Accelerated implementation and deployment of pavement
technologies.
Sec. 5203. Federal Highway Administration Every Day Counts initiative.
Subtitle C--Emerging Technologies
Sec. 5301. Safe, efficient mobility through advanced technologies.
Sec. 5302. Intelligent transportation systems program.
Sec. 5303. National highly automated vehicle and mobility innovation
clearinghouse.
Sec. 5304. Study on safe interactions between automated vehicles and
road users.
Sec. 5305. Nontraditional and Emerging Transportation Technology
Council.
Sec. 5306. Hyperloop transportation.
Sec. 5307. Surface transportation workforce retraining grant program.
Sec. 5308. Third-party data integration pilot program.
Sec. 5309. Third-party data planning integration pilot program.
Subtitle D--Surface Transportation Funding Pilot Programs
Sec. 5401. State surface transportation system funding pilots.
Sec. 5402. National surface transportation system funding pilot.
Subtitle E--Miscellaneous
Sec. 5501. Ergonomic seating working group.
Sec. 5502. Repeal of section 6314 of title 49, United States Code.
Sec. 5503. Transportation workforce outreach program.
Sec. 5504. Certification on ensuring no human rights abuses.
TITLE VI--MULTIMODAL TRANSPORTATION
Sec. 6001. National multimodal freight policy.
Sec. 6002. National freight strategic plan.
Sec. 6003. National multimodal freight network.
Sec. 6004. State freight advisory committees.
Sec. 6005. State freight plans.
Sec. 6006. Study of freight transportation fee.
Sec. 6007. National Surface Transportation and Innovative Finance
Bureau.
Sec. 6008. Local hire.
Sec. 6009. FTE cap.
Sec. 6010. Identification of COVID-19 testing needs of critical
infrastructure employees.
TITLE VII--TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION ACT
Sec. 7001. Transportation Infrastructure Finance and Innovation Act.
DIVISION C--HAZARDOUS MATERIALS TRANSPORTATION
Sec. 8001. Short title.
TITLE I--AUTHORIZATIONS
Sec. 8101. Authorization of appropriations.
TITLE II--HAZARDOUS MATERIALS SAFETY AND IMPROVEMENT
Sec. 8201. Repeal of certain requirements related to lithium cells and
batteries.
Sec. 8202. Transportation of liquefied natural gas by rail tank car.
Sec. 8203. Hazardous materials training requirements and grants.
DIVISION D--RAIL
Sec. 9001. Short title.
TITLE I--AUTHORIZATIONS
Sec. 9101. Authorization of appropriations.
Sec. 9102. Passenger rail improvement, modernization, and expansion
grants.
Sec. 9103. Consolidated rail infrastructure and safety improvement
grants.
Sec. 9104. Railroad rehabilitation and improvement financing.
Sec. 9105. Buy America.
Sec. 9106. Rail network climate change vulnerability assessment.
TITLE II--AMTRAK REFORMS
Sec. 9201. Amtrak findings, mission, and goals.
Sec. 9202. Amtrak status.
Sec. 9203. Board of Directors.
Sec. 9204. Amtrak preference enforcement.
Sec. 9205. Use of facilities and providing services to Amtrak.
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Sec. 9206. Prohibition on mandatory arbitration.
Sec. 9207. Amtrak ADA assessment.
Sec. 9208. Prohibition on smoking on Amtrak trains.
Sec. 9209. State-supported routes operated by Amtrak.
Sec. 9210. Amtrak Police Department.
Sec. 9211. Amtrak food and beverage.
Sec. 9212. Clarification on Amtrak contracting out.
Sec. 9213. Amtrak staffing.
Sec. 9214. Special transportation.
Sec. 9215. Disaster and emergency relief program.
Sec. 9216. Recreational trail access.
Sec. 9217. Investigation of substandard performance.
Sec. 9218. Amtrak cybersecurity enhancement grant program.
Sec. 9219. Amtrak and private cars.
Sec. 9220. Amtrak Office of Community Outreach.
TITLE III--INTERCITY PASSENGER RAIL POLICY
Sec. 9301. Northeast Corridor Commission.
Sec. 9302. Northeast Corridor planning.
Sec. 9303. Protective arrangements.
Sec. 9304. High-speed rail funds.
TITLE IV--COMMUTER RAIL POLICY
Sec. 9401. Surface Transportation Board mediation of trackage use
requests.
Sec. 9402. Surface Transportation Board mediation of rights-of-way use
requests.
Sec. 9403. Chicago Union Station improvement plans.
TITLE V--RAIL SAFETY
Subtitle A--Passenger and Freight Safety
Sec. 9501. National Academies study on safety impact of trains longer
than 7,500 feet.
Sec. 9502. GAO study on changes in freight railroad operating and
scheduling practices.
Sec. 9503. FRA safety reporting.
Sec. 9504. Waiver notice requirements.
Sec. 9505. Notice of FRA comprehensive safety assessments.
Sec. 9506. FRA accident and incident investigations.
Sec. 9507. Rail safety improvements.
Sec. 9508. Annual review of speed limit action plans.
Sec. 9509. Freight train crew size safety standards.
Sec. 9510. Safe cross border operations.
Sec. 9511. Yardmasters hours of service.
Sec. 9512. Leaking brakes.
Sec. 9513. Annual report on PTC system failures.
Sec. 9514. Fatigue reduction pilot projects.
Sec. 9515. Assault prevention and response plans.
Sec. 9516. Critical incident stress plans.
Sec. 9517. Study on safety culture assessments.
Subtitle B--Grade Crossing Safety
Sec. 9551. Grade crossing separation grants.
Sec. 9552. Rail safety public awareness grants.
Sec. 9553. Establishment of 10-minute time limit for blocking public
grade crossings.
Sec. 9554. National strategy to address blocked crossings.
Sec. 9555. Railroad point of contact for blocked crossing matters.
Sec. 9556. National highway-rail crossing inventory review.
Sec. 9557. Counting railroad suicides.
DIVISION E--AVIATION
TITLE I--AIRPORT AND AIRWAY INFRASTRUCTURE
Sec. 10101. Airport planning and development and noise compatibility
planning and programs.
Sec. 10102. Supplemental funding for airports.
Sec. 10103. Airport resiliency projects.
Sec. 10104. FAA air traffic control facilities.
Sec. 10105. Airport innovative financing techniques.
Sec. 10106. Small airport letters of intent.
Sec. 10107. Minority and disadvantaged business size standards.
TITLE II--ENVIRONMENT
Sec. 10201. Alternative fuel and low-emission aviation technology
program.
Sec. 10202. Expansion of voluntary airport low emission program.
Sec. 10203. Study and development of sustainable aviation fuels.
Sec. 10204. Center of excellence for alternative jet fuels and
environment.
Sec. 10205. National evaluation of aviation and aerospace solutions to
climate change.
DIVISION F--INVESTMENT IN WATER RESOURCES AND WATER-RELATED
INFRASTRUCTURE
Sec. 20001. Short title.
TITLE I--CRITICAL WATER RESOURCES INVESTMENTS
Sec. 21001. Use of Harbor Maintenance Trust Fund to support navigation.
Sec. 21002. Annual report to Congress.
Sec. 21003. Harbor Maintenance Trust Fund discretionary spending limit
adjustment.
Sec. 21004. Appropriations for Construction, Inland Waterways,
Operation and Maintenance.
TITLE II--CRITICAL CLEAN WATER INVESTMENTS
Subtitle A--Water Quality Protection and Job Creation Act
Sec. 22101. Short title.
Sec. 22102. Wastewater infrastructure workforce investment.
Sec. 22103. State management assistance.
Sec. 22104. Watershed, wet weather, and resiliency projects.
Sec. 22105. Pilot program for alternative water source projects.
Sec. 22106. Sewer overflow and stormwater reuse municipal grants.
Sec. 22107. Reports to Congress.
Sec. 22108. Indian Tribes.
Sec. 22109. Capitalization grants.
Sec. 22110. Water pollution control revolving loan funds.
Sec. 22111. Allotment of funds.
Sec. 22112. Reservation of funds for Territories of the United States.
Sec. 22113. Authorization of appropriations.
Sec. 22114. Technical assistance by Municipal Ombudsman.
Sec. 22115. Report on financial capability of municipalities.
Sec. 22116. Emerging contaminants.
Subtitle B--Local Water Protection
Sec. 22201. Nonpoint source management programs.
Subtitle C--Critical Regional Infrastructure Investments
Sec. 22301. Reauthorization of Chesapeake Bay Program.
Sec. 22302. San Francisco Bay restoration grant program.
Sec. 22303. Puget sound coordinated recovery.
Sec. 22304. Great Lakes Restoration Initiative Reauthorization.
Sec. 22305. National Estuary Program reauthorization.
Sec. 22306. Lake Pontchartrain Basin Restoration Program
reauthorization.
Sec. 22307. Long Island Sound Program Reauthorization.
Sec. 22308. Columbia River Basin Restoration Program Reauthorization.
TITLE III--RESILIENCE REVOLVING LOAN FUND
Sec. 23001. Short title.
Sec. 23002. Grants to entities for establishment of hazard mitigation
revolving loan funds.
TITLE IV--SPORTS FISHING
Sec. 24001. Short title.
Sec. 24002. Division of annual appropriations.
Sec. 24003. Recreational boating access.
Sec. 24004. Wildlife Restoration Fund administration.
Sec. 24005. Sport fish restoration and boating trust fund.
TITLE V--CLIMATE SMART PORTS
Sec. 25001. Short title.
Sec. 25002. Climate Smart Ports Grant Program.
Sec. 25003. Energy Policy Act of 2005 authorization of appropriations
for port authorities.
DIVISION G--ENERGY AND COMMERCE
TITLE I--BROADBAND INFRASTRUCTURE
Sec. 31001. Definitions.
Sec. 31002. Sense of Congress.
Sec. 31003. Severability.
Subtitle A--Digital Equity
Sec. 31100. Definitions.
Chapter 1--Office of Internet Connectivity and Growth
Sec. 31101. Establishment of the Office of Internet Connectivity and
Growth.
Sec. 31102. Duties.
Sec. 31103. Streamlined applications for support.
Sec. 31104. Coordination of support.
Sec. 31105. Rule of construction.
Sec. 31106. Funding.
Chapter 2--Digital Equity Programs
Sec. 31121. State Digital Equity Capacity Grant Program.
Sec. 31122. Digital Equity Competitive Grant Program.
Sec. 31123. Policy research, data collection, analysis and modeling,
evaluation, and dissemination.
Sec. 31124. General provisions.
Chapter 3--Broadband Service for Low-Income Consumers
Sec. 31141. Additional broadband benefit.
Sec. 31142. Grants to States to strengthen National Lifeline
Eligibility Verifier.
Sec. 31143. Federal coordination between Lifeline and SNAP
verification.
Chapter 4--E-Rate Support for Wi-Fi Hotspots, Other Equipment, and
Connected Devices
Sec. 31161. E-Rate support for Wi-Fi hotspots, other equipment, and
connected devices.
Subtitle B--Broadband Transparency
Sec. 31201. Definitions.
Sec. 31202. Broadband transparency.
Sec. 31203. Distribution of data.
Sec. 31204. Coordination with certain other Federal agencies.
Sec. 31205. Broadband consumer labels.
Sec. 31206. Appropriation for Broadband DATA Act.
Subtitle C--Broadband Access
Chapter 1--Expansion of Broadband Access
Sec. 31301. Expansion of broadband access in unserved areas and areas
with low-tier or mid-tier service.
Chapter 2--Broadband Infrastructure Finance and Innovation
Sec. 31321. Definitions.
Sec. 31322. Determination of eligibility and project selection.
Sec. 31323. Secured loans.
Sec. 31324. Lines of credit.
Sec. 31325. Alternative prudential lending standards for small
projects.
Sec. 31326. Program administration.
Sec. 31327. State and local permits.
Sec. 31328. Regulations.
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Sec. 31329. Funding.
Sec. 31330. Reports to Congress.
Chapter 3--Wi-Fi on School Buses
Sec. 31341. E-rate support for school bus Wi-Fi.
Subtitle D--Community Broadband
Sec. 31401. State, local, public-private partnership, and co-op
broadband services.
Subtitle E--Repeal of Rule and Prohibition on Use of NPRM
Sec. 31501. Repeal of rule and prohibition on use of NPRM.
Subtitle F--Next Generation 9-1-1
Sec. 31601. Sense of Congress.
Sec. 31602. Statement of policy.
Sec. 31603. Coordination of Next Generation 9-1-1 Implementation.
Sec. 31604. Savings provision.
TITLE II--MOTOR VEHICLE SAFETY
Sec. 32001. Safety Warning for occupants of hot cars.
Sec. 32002. Protecting Americans from the Risks of Keyless Ignition
Technology.
Sec. 32003. 21st Century Smart Cars.
Sec. 32004. Updating the 5-star safety rating system.
Sec. 32005. Advanced Drunk Driving prevention technology.
Sec. 32006. Limousine compliance with Federal Safety Standards.
TITLE III--ENERGY AND ENVIRONMENT INFRASTRUCTURE
Subtitle A--Infrastructure
Chapter 1--Drinking Water
subchapter a--pfas infrastructure grant program
Sec. 33101. Establishment of PFAS Infrastructure Grant Program.
Sec. 33102. Definition.
subchapter b--extensions
Sec. 33103. Funding.
Sec. 33104. American iron and steel products.
Chapter 2--Grid Security and Modernization
Sec. 33111. 21st Century Power Grid.
Sec. 33112. Energy efficient transformer rebate program.
Sec. 33113. Interregional transmission planning report.
Sec. 33114. Promoting grid storage.
Sec. 33115. Expanding access to sustainable energy.
Sec. 33116. Interregional transmission planning rulemaking.
Chapter 3--Controlling Methane Leaks From Pipelines
Sec. 33121. Improving the natural gas distribution system.
Chapter 4--Renewable Energy
Sec. 33131. Grant program for solar installations located in, or that
serve, low-income and underserved areas.
Chapter 5--Smart Communities
Sec. 33141. 3C energy program.
Sec. 33142. Federal technology assistance.
Sec. 33143. Technology demonstration grant program.
Sec. 33144. Smart city or community.
Sec. 33145. Clean cities coalition program.
Chapter 6--Brownfields
Sec. 33151. Brownfields funding.
Chapter 7--Indian Energy
Sec. 33161. Indian energy.
Sec. 33162. Report on electricity access and reliability.
Chapter 8--Hydropower and Dam Safety
Sec. 33171. Hydroelectric production incentives and efficiency
improvements.
Sec. 33172. FERC briefing on Edenville Dam and Sanford Dam failures.
Sec. 33173. Dam safety conditions.
Sec. 33174. Dam safety requirements.
Sec. 33175. Viability procedures.
Sec. 33176. FERC dam safety technical conference with States.
Sec. 33177. Required dam safety communications between FERC and States.
Chapter 9--Loan Program Office Reform
Sec. 33181. Loan program office title XVII reform.
Subtitle B--Energy Efficiency
Chapter 1--Energy Efficiency Retrofits
subchapter a--homes
Sec. 33201. Definitions.
Sec. 33202. Establishment of Home Energy Savings Retrofit Rebate
Program.
Sec. 33203. Partial system rebates.
Sec. 33204. State administered rebates.
Sec. 33205. Evaluation reports to Congress.
Sec. 33206. Administration.
Sec. 33207. Authorization of appropriations.
subchapter b--public buildings
Sec. 33211. Energy efficient public buildings.
subchapter c--schools
Sec. 33221. Energy retrofitting assistance for schools.
Sec. 33222. Grants for energy efficiency improvements and renewable
energy improvements at public school facilities.
Chapter 2--Weatherization
Sec. 33231. Weatherization assistance program.
Sec. 33232. Report on waivers.
Chapter 3--Energy Efficient Conservation Block Grants
Sec. 33241. Energy Efficiency and Conservation Block Grant Program.
Chapter 4--Federal Energy and Water Management Performance
Sec. 33251. Energy and water performance requirement for Federal
facilities.
Sec. 33252. Federal Energy Management Program.
Subtitle C--Vehicles
Chapter 1--DERA
Sec. 33301. Reauthorization of diesel emissions reduction program.
Chapter 2--Clean Commute for Kids
Sec. 33311. Reauthorization of Clean School Bus Program.
Chapter 3--Refrigerated Vehicles
Sec. 33321. Pilot program for the electrification of certain
refrigerated vehicles.
Chapter 4--EV Infrastructure
Sec. 33331. Definitions.
Sec. 33332. Electric vehicle supply equipment rebate program.
Sec. 33333. Expanding access to electric vehicles in underserved
communities.
Sec. 33334. Ensuring program benefits for underserved and disadvantaged
communities.
Sec. 33335. Model building code for electric vehicle supply equipment.
Sec. 33336. Electric vehicle supply equipment coordination.
Sec. 33337. State consideration of electric vehicle charging.
Sec. 33338. State energy plans.
Sec. 33339. Transportation electrification.
Sec. 33340. Federal fleets.
Sec. 33341. Domestic Manufacturing Conversion Grant Program.
Sec. 33342. Advanced technology vehicles manufacturing incentive
program.
Subtitle D--Buy American and Wage Rate Requirements
Sec. 33401. Use of American iron, steel, and manufactured goods.
Sec. 33402. Wage rate requirements.
TITLE IV--HEALTH CARE INFRASTRUCTURE
Sec. 34101. Hospital infrastructure.
Sec. 34102. Community Health Center Capital Project Funding.
Sec. 34103. Pilot program to improve laboratory infrastructure.
Sec. 34104. 21st century Indian health program hospitals and outpatient
health care facilities.
Sec. 34105. Pilot program to improve community-based care
infrastructure.
DIVISION H--ADDITIONAL PROGRAMS
Sec. 40001. National scenic byways program.
Sec. 40002.Authorization of appropriations for Department of Veterans
Affairs.
DIVISION I--ZERO-EMISSION POSTAL FLEET AND OTHER MATTERS
Sec. 50001. Authorization of appropriation for United States Postal
Service for modernization of postal infrastructure.
Sec. 50002. Electric or zero-emission vehicles for United States Postal
Service fleet.
Sec. 50003. Clarification of authority of District of Columbia to carry
out Long Bridge project.
DIVISION J--COMMITTEE ON FINANCIAL SERVICES
Sec. 60001. Short title.
Sec. 60002. Findings.
Sec. 60003. Public Housing Capital Fund.
Sec. 60004. Rural Multifamily Preservation and Revitalization
Demonstration Program.
Sec. 60005. Flood Mitigation Assistance Grant Program.
Sec. 60006. Housing Trust Fund.
Sec. 60007. Single-Family Housing Repair Loans and Grants.
Sec. 60008. Native American Housing Block Grant Program.
Sec. 60009. HOME Investment Partnerships Program.
Sec. 60010. Program for supportive housing for persons with
disabilities.
Sec. 60011. Program for supportive housing for the elderly.
Sec. 60012. Capital Magnet Fund.
Sec. 60013. Community development block grant funding for affordable
housing and infrastructure.
Sec. 60014. Inclusion of minority and women's business enterprises.
Sec. 60015. Reports on outcomes.
DIVISION K--REOPEN AND REBUILD AMERICA'S SCHOOLS ACT OF 2020
Sec. 70000. Short title; table of contents.
Sec. 70001. Definitions.
TITLE I--GRANTS FOR THE LONG-TERM IMPROVEMENT OF PUBLIC SCHOOL
FACILITIES
Subtitle A--Reservation and Allocation of Funds
Sec. 70101. Purpose and reservation.
Sec. 70102. Allocation to States.
Subtitle B--Grants to Local Educational Agencies
Sec. 70111. Need-based grants to qualified local educational agencies.
Sec. 70112. Allowable uses of funds.
Sec. 70113. Prohibited uses.
Sec. 70114. Requirements for hazard-resistance, energy and water
conservation, and air quality.
Sec. 70115. Green Practices.
Sec. 70116. Use of American iron, steel, and manufactured products.
Sec. 70117. Prohibition on use of funds for facilities of for-profit
charter schools.
Sec. 70118. Prohibition on use of funds for certain charter schools.
Subtitle C--Annual Report and Authorization of Appropriations
Sec. 70121. Annual report on grant program.
Sec. 70122. Authorization of appropriations.
[[Page H2698]]
TITLE II--OTHER REPORTS, DEVELOPMENT OF STANDARDS, AND INFORMATION
CLEARINGHOUSE
Sec. 70201. Comptroller general report.
Sec. 70202. Study and report physical condition of public schools.
Sec. 70203. Development of data standards.
Sec. 70204. Information clearinghouse.
Sec. 70205. Sense of Congress on Opportunity Zones.
TITLE III--IMPACT AID CONSTRUCTION
Sec. 70301. Temporary increase in funding for impact aid construction.
TITLE IV--ASSISTANCE FOR REPAIR OF SCHOOL FOUNDATIONS AFFECTED BY
PYRRHOTITE
Sec. 70401. Allocations to States.
Sec. 70402. Grants to local educational agencies.
Sec. 70403. Definitions.
Sec. 70404. Authorization of appropriations.
DIVISION L--PUBLIC LANDS, TRIBAL COMMUNITIES, AND RESILIENT NATURAL
INFRASTRUCTURE
Sec. 80000. Table of contents.
TITLE I--WATER RESOURCES INFRASTRUCTURE
Subtitle A--Water Settlements Infrastructure
Sec. 81101. Reclamation water settlements fund.
Sec. 81102. Conveyance capacity correction project.
Sec. 81103. Funding parity for water management goals and restoration
goals.
Subtitle B--FUTURE Western Water Infrastructure and Drought Resiliency
Sec. 81201. Short title.
Sec. 81202. Definitions.
Chapter 1--Infrastructure Development
Sec. 81211. Competitive grant program for the funding of water
recycling and reuse projects.
Sec. 81212. Storage project development reports to congress.
Sec. 81213. Funding for storage and supporting projects.
Sec. 81214. Extension of existing requirements for grandfathered
storage projects.
Sec. 81215. Desalination project development.
Sec. 81216. Assistance for disadvantaged communities without adequate
drinking water.
Chapter 2--IMPROVED TECHNOLOGY AND DATA
Sec. 81221. Reauthorization of water availability and use assessment
program.
Sec. 81222. Renewal of advisory committee on water information.
Sec. 81223. Desalination technology development.
Sec. 81224. X-prize for water technology breakthroughs.
Sec. 81225. Study examining sediment transport.
Sec. 81226. Determination of water supply allocations.
Sec. 81227. Federal priority streamgages.
Sec. 81228. Study examining climate vulnerabilities at federal dams.
Sec. 81229. Innovative technology adoption.
Chapter 3--ECOSYSTEM PROTECTION AND RESTORATION
Sec. 81231. Waterbird habitat creation program.
Sec. 81232. Cooperative watershed management program.
Sec. 81233. Competitive grant program for the funding of watershed
health projects.
Sec. 81234. Support for refuge water deliveries.
Sec. 81235. Drought planning and preparedness for critically important
fisheries.
Sec. 81236. Aquatic ecosystem restoration.
Sec. 81237. Reauthorization of the Fisheries Restoration and Irrigation
Mitigation Act of 2000.
Chapter 4--WATER JOB TRAINING AND EDUCATION
Sec. 81241. Water resource education.
Chapter 5--MISCELLANEOUS
Sec. 81251. Offset.
Sec. 81252. Delayed water project recommendations.
Subtitle C--Western Water Security
Sec. 81301. Definitions.
Chapter 1--INFRASTRUCTURE AND WATER MANAGEMENT IMPROVEMENT
Sec. 81311. Watersmart extension and expansion.
Sec. 81312. Emergency drought funding.
Sec. 81313. Rio Grande Pueblo Irrigation Infrastructure
Reauthorization.
Chapter 2--GROUNDWATER MANAGEMENT
Sec. 81321. Reauthorization and expansion of the Transboundary Aquifer
Assessment Program.
Sec. 81322. Groundwater management assessment and improvement.
Sec. 81323. Surface and groundwater water availability and the energy
nexus.
Chapter 3--WATER CONSERVATION AND ENVIRONMENTAL RESTORATION
Sec. 81331. Definitions.
Sec. 81332. Water acquisition program.
Sec. 81333. Middle Rio Grande Water Conservation.
Sec. 81334. Sustaining biodiversity during droughts.
Sec. 81335. Reauthorization of cooperative watershed management
program.
Chapter 4--EFFECT ON EXISTING LAW
Sec. 81341. Effect on existing law.
Subtitle D--Water Resources Research Amendments
Sec. 81411. Water Resources Research Act amendments.
Subtitle E--Ground Water Recharge Planning
Sec. 81511. Ground water recharge planning.
Subtitle F--Tribal Water Infrastructure
Sec. 81611. Finding.
Sec. 81612. Indian Health Services Sanitation Facilities Construction
Program funding.
Subtitle G--Navajo Utah Water Rights Settlement
Sec. 81711. Purposes.
Sec. 81712. Definitions.
Sec. 81713. Ratification of agreement.
Sec. 81714. Navajo water rights.
Sec. 81715. Navajo trust accounts.
Sec. 81716. Authorization of appropriations.
Sec. 81717. Conditions precedent.
Sec. 81718. Waivers and releases.
Sec. 81719. Miscellaneous provisions.
Sec. 81720. Relation to allottees.
Sec. 81721. Antideficiency.
TITLE II--NATIONAL PARKS, FORESTS, AND PUBLIC LANDS
Subtitle A--Public Lands Telecommunications
Sec. 82101. Definitions.
Sec. 82102. Collection and retention of rental fees associated with
communications use authorizations on Federal lands and
Federal land management agency support for communication
site programs.
Sec. 82103. Cooperative agreement authority.
Subtitle B--Outdoors for All
Sec. 82201. Definitions.
Sec. 82202. Grants authorized.
Sec. 82203. Eligible uses.
Sec. 82204. National park service requirements.
Sec. 82205. Reporting.
Sec. 82206. Revenue sharing.
Subtitle C--Updated Borrowing Authority
Sec. 82301. Presidio Trust borrowing authority.
Subtitle D--Forest Service Legacy Roads and Trails Remediation Program
Sec. 82401. Forest Service Legacy Roads and Trails Remediation Program.
Subtitle E--Long Bridge
Sec. 82501. Authorization of National Park Service conveyances.
TITLE III--OCEANS AND WILDLIFE
Subtitle A--Coastal and Great Lakes Resiliency and Restoration
Sec. 83101. Shovel-Ready Restoration and Resiliency Grant Program.
Sec. 83102. Living Shoreline Grant Program.
Subtitle B--Wildlife Corridors Conservation Act
Sec. 83201. Definitions.
Chapter 1--National Wildlife Corridor System on Federal Land and Water
Sec. 83211. National wildlife corridors.
Sec. 83212. Administrative designation of national wildlife corridors.
Sec. 83213. Management of national wildlife corridors.
Chapter 2--Wildlife Corridors Conservation
subchapter a--national wildlife corridor system on federal land and
water
Sec. 83311. Collaboration and coordination.
Sec. 83312. Effect.
subchapter b--tribal wildlife corridors
Sec. 83321. Tribal Wildlife Corridors.
Sec. 83322. Protection of Indian Tribes.
subchapter c--wildlife movement grant program on non-federal land and
water
Sec. 83331. Wildlife movements grant program.
Sec. 83332. National Coordination Committee.
Sec. 83333. Regional wildlife movement councils.
subchapter d--national wildlife corridors database
Sec. 83341. National wildlife corridors database.
Chapter 3--Funding
Sec. 83401. Wildlife corridors stewardship fund.
Sec. 83402. Authorization of appropriations.
TITLE IV--ENERGY
Subtitle A--Establishment of Federal Orphaned Well Remediation Program
Sec. 84101. Establishment of federal orphaned well remediation program.
Sec. 84102. Federal bonding reform.
Subtitle B--Surface Mining Control and Reclamation Act Amendments
Sec. 84201. Abandoned Mine Land Reclamation Fund.
Sec. 84202. Emergency Powers.
Sec. 84203. Reclamation fee.
Subtitle C--Revitalizing the Economy of Coal Communities by Leveraging
Local Activities and Investing More
Sec. 84301. Economic revitalization for coal country.
Sec. 84302. Technical and conforming amendments.
Sec. 84303. Minimum State payments.
Sec. 84304. GAO study of use of funds.
Sec. 84305. Payments to certified States not affected.
Subtitle D--Public Land Renewable Energy Development
Sec. 84401. Definitions.
Sec. 84402. Land use planning; supplements to programmatic
environmental impact statements.
Sec. 84403. Environmental review on covered land.
Sec. 84404. Program to improve renewable energy project permit
coordination.
Sec. 84405. Increasing economic certainty.
Sec. 84406. Limited grandfathering.
Sec. 84407. Renewable energy goal.
Sec. 84408. Disposition of revenues.
Sec. 84409. Promoting and enhancing development of geothermal energy.
Sec. 84410. Facilitation of coproduction of geothermal energy on oil
and gas leases.
Sec. 84411. Noncompetitive leasing of adjoining areas for development
of geothermal resources.
Sec. 84412. Savings clause.
[[Page H2699]]
Subtitle E--Offshore Wind Jobs and Opportunity
Sec. 84501. Offshore Wind Career Training Grant Program.
Subtitle F--Community Reclamation Partnerships
Sec. 84601. Reference.
Sec. 84602. State memoranda of understanding for certain remediation.
Sec. 84603. Clarifying State liability for mine drainage projects.
Sec. 84604. Conforming amendments.
TITLE V--LABOR STANDARDS
Sec. 84701.Labor standards.
DIVISION M--REVENUE PROVISIONS
Sec. 90001. Short title; etc.
TITLE I--INFRASTRUCTURE FINANCING
Subtitle A--Bond Financing Enhancements
Sec. 90101. Credit to issuer for certain infrastructure bonds.
Sec. 90102. Advance refunding bonds.
Sec. 90103. Permanent modification of small issuer exception to tax-
exempt interest expense allocation rules for financial
institutions.
Sec. 90104. Volume cap on private activity bonds.
Sec. 90105. Modifications to qualified small issue bonds.
Sec. 90106. Expansion of certain exceptions to the private activity
bond rules for first-time farmers.
Sec. 90107. Exempt facility bonds for zero-emission vehicle
infrastructure.
Sec. 90108.Certain water and sewage facility bonds exempt from volume
cap on private activity bonds.
Sec. 90109. Qualified highway or surface freight transfer facility
bonds.
Subtitle B--School Infrastructure Bonds
Sec. 90110. Application of Davis-Bacon Act requirements with respect to
certain exempt facility bonds.
Sec. 90111. Restoration of certain qualified tax credit bonds.
Sec. 90112. School infrastructure bonds.
Sec. 90113. Annual report on bond program.
Subtitle C--Other Provisions Related to Infrastructure Financing
Sec. 90121. Credit for operations and maintenance costs of government-
owned broadband.
Sec. 90122. Treatment of financial guaranty insurance companies as
qualifying insurance corporations under passive foreign
investment company rules.
Sec. 90123. Infrastructure grants to improve child care safety.
TITLE II--NEW MARKETS TAX CREDIT
Sec. 90201. Improvement and permanent extension of new markets tax
credit.
TITLE III--REHABILITATION TAX CREDIT
Sec. 90301. Increase in rehabilitation credit.
Sec. 90302. Increase in the rehabilitation credit for certain small
projects.
Sec. 90303. Modification of definition of substantially rehabilitated.
Sec. 90304. Temporary extension of period for completing
rehabilitation.
Sec. 90305. Elimination of rehabilitation credit basis adjustment.
Sec. 90306. Modifications regarding certain tax-exempt use property.
Sec. 90307. Qualification of rehabilitation expenditures for public
school buildings for rehabilitation credit.
TITLE IV--GREEN ENERGY
Sec. 90400. Short title.
Subtitle A--Renewable Electricity and Reducing Carbon Emissions
Sec. 90401. Extension of credit for electricity produced from certain
renewable resources.
Sec. 90402. Extension and modification of energy credit.
Sec. 90403. Extension of credit for carbon oxide sequestration.
Sec. 90404. Elective payment for energy property and electricity
produced from certain renewable resources, etc.
Sec. 90405. Extension of energy credit for offshore wind facilities.
Sec. 90406. Green energy publicly traded partnerships.
Subtitle B--Renewable Fuels
Sec. 90411. Biodiesel and renewable diesel.
Sec. 90412. Extension of excise tax credits relating to alternative
fuels.
Sec. 90413. Extension of second generation biofuel incentives.
Subtitle C--Green Energy and Efficiency Incentives for Individuals
Sec. 90421. Extension, increase, and modifications of nonbusiness
energy property credit.
Sec. 90422. Residential energy efficient property.
Sec. 90423. Energy efficient commercial buildings deduction.
Sec. 90424. Extension, increase, and modifications of new energy
efficient home credit.
Sec. 90425. Modifications to income exclusion for conservation
subsidies.
Subtitle D--Greening the Fleet and Alternative Vehicles
Sec. 90431. Modification of limitations on new qualified plug-in
electric drive motor vehicle credit.
Sec. 90432. Credit for previously-owned qualified plug-in electric
drive motor vehicles.
Sec. 90433. Credit for zero-emission heavy vehicles and zero-emission
buses.
Sec. 90434. Qualified fuel cell motor vehicles.
Sec. 90435. Alternative fuel refueling property credit.
Sec. 90436. Modification of employer-provided fringe benefits for
bicycle commuting.
Subtitle E--Investment in the Green Workforce
Sec. 90441. Extension of the advanced energy project credit.
Sec. 90442. Labor costs of installing mechanical insulation property.
Sec. 90443. Labor standards for certain energy jobs.
Subtitle F--Environmental Justice
Sec. 90451. Qualified environmental justice program credit.
Subtitle G--Treasury Report on Data From the Greenhouse Gas Reporting
Program
Sec. 90461. Report on Greenhouse Gas Reporting Program.
TITLE V--DISASTER AND RESILIENCY
Sec. 90501. Exclusion of amounts received from state-based catastrophe
loss mitigation programs.
Sec. 90502. Repeal of temporary limitation on personal casualty losses.
TITLE VI--HOUSING
Subtitle A--Low-income Housing Tax Credit Improvements
Sec. 90601. Extension of period for rehabilitation expenditures.
Sec. 90602. Extension of basis expenditure deadline.
Sec. 90603. Tax-exempt bond financing requirement.
Sec. 90604. Minimum credit rate.
Sec. 90605. Increases in State allocations.
Sec. 90606. Increase in credit for certain projects designated to serve
extremely low-income households.
Sec. 90607. Inclusion of Indian areas as difficult development areas
for purposes of certain buildings.
Sec. 90608. Inclusion of rural areas as difficult development areas.
Sec. 90609. Increase in credit for bond-financed projects designated by
housing credit agency.
Sec. 90610. Repeal of qualified contract option.
Sec. 90611. Prohibition of local approval and contribution
requirements.
Sec. 90612. Adjustment of credit to provide relief during COVID-19
outbreak.
Sec. 90613. Credit for low-income housing supportive services.
Subtitle B--Neighborhood Homes Credit
Sec. 90621. Neighborhood homes credit.
TITLE VII--TRIBAL DEVELOPMENT
Sec. 90701. Treatment of Indian Tribes as States with respect to bond
issuance.
Sec. 90702. Treatment of Tribal foundations and charities like
charities funded and controlled by other governmental
funders and sponsors.
Sec. 90703. New markets tax credit.
TITLE VIII--HIGHWAY TRUST FUND AND RELATED TAXES
Sec. 90801. Extension of Highway Trust Fund expenditure authority.
Sec. 90802. Extension of highway-related taxes.
Sec. 90803. Additional transfers to Highway Trust Fund.
DIVISION N--RIGHTS FOR TRANSPORTATION SECURITY OFFICERS
Sec. 91001. Short title.
Sec. 91002. Definitions.
Sec. 91003. Conversion of TSA personnel.
Sec. 91004. Transition rules
Sec. 91005. Consultation requirement.
Sec. 91006. No right to strike.
Sec. 91007. Rule of construction with respect to certain crimes
relating to terrorism
Sec. 91008. Report by GAO regarding TSA recruitment.
Sec. 91009. Sense of Congress.
Sec. 91010. Assistance for Federal Air Marshal Service
Sec. 91011. Prohibition on certain social media application.
Sec. 91012. Veterans hiring.
Sec. 91013. Prevention and protection against certain illness.
DIVISION O--AGRICULTURE INFRASTRUCTURE IMPROVEMENTS
Sec. 92001. Reforestation Trust Fund.
DIVISION P--BUDGETARY EFFECTS
Sec. 93001. Budgetary effects.
SEC. 3. 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--FEDERAL SURFACE TRANSPORTATION PROGRAMS FOR FISCAL YEAR
2021
SEC. 100. SHORT TITLE.
This division and division B of this Act may be cited as
the ``Investing in a New Vision for the Environment and
Surface Transportation in America Act'' or the ``INVEST in
America Act''.
SEC. 101. EXTENSION OF FEDERAL SURFACE TRANSPORTATION
PROGRAMS.
(a) Extension of Federal Surface Transportation Programs.--
(1) In general.--Except as otherwise provided in this
division, the requirements, authorities, conditions,
eligibilities, limitations, and other provisions authorized
under the covered laws, which would otherwise expire on or
cease to apply after September 30, 2020, are incorporated by
reference and shall continue in effect through September 30,
2021.
(2) Authorization of appropriations.--
(A) Highway trust fund.--
(i) Highway account.--
(I) In general.--Except as provided in subclause (II),
there is authorized to be appropriated from the Highway
Account for fiscal
[[Page H2700]]
year 2021, for each program under the covered laws with
respect to which amounts are authorized to be appropriated
from such account for fiscal year 2020, an amount equal to
the amount authorized for appropriation with respect to the
program from such account for fiscal year 2020.
(II) Administrative expenses.--Notwithstanding any other
provision of this division, there is authorized to be
appropriated from the Highway Account for fiscal year 2021--
(aa) $502,897,049 for administrative expenses of the
Federal Highway Administration, as described in section
104(a) of title 23, United States Code; and
(bb) $30,086,000 for grant administrative expenses of the
National Highway Traffic Safety Administration, as described
in section 4001(a)(6) of the FAST Act (Public Law 114-94).
(ii) Mass transit account.--There is authorized to be
appropriated from the Mass Transit Account for fiscal year
2021, for each program under the covered laws with respect to
which amounts are authorized to be appropriated from such
account for fiscal year 2020, an amount equal to the amount
authorized for appropriation with respect to the program from
such account for fiscal year 2020.
(B) General fund.--
(i) In general.--Except as provided in clause (ii), there
is authorized to be appropriated for fiscal year 2021, for
each program with respect to which amounts are authorized to
be appropriated for fiscal year 2020 from an account other
than the Highway Account or the Mass Transit Account under
the titles described in subsection (b)(1), an amount not less
than the amount authorized for appropriation with respect to
the program under such titles for fiscal year 2020.
(ii) Administrative expenses.--Notwithstanding any other
provision of this division, there is authorized to be
appropriated from the general fund of the Treasury for fiscal
year 2021 $140,016,543 for administrative expenses of the
Federal Transit Administration.
(3) Use of funds.--Except as otherwise provided in this
division, amounts authorized to be appropriated for fiscal
year 2021 with respect to a program under paragraph (2) shall
be distributed, administered, limited, and made available for
obligation in the same manner as amounts authorized to be
appropriated with respect to the program for fiscal year 2020
under the covered laws.
(4) Obligation limitation.--
(A) In general.--Except as provided in subparagraph (B), a
program for which amounts are authorized to be appropriated
under paragraph (2)(A) shall be subject to a limitation on
obligations for fiscal year 2021 in the same amount and in
the same manner as the limitation applicable with respect to
the program for fiscal year 2020 under the Department of
Transportation Appropriations Act, 2020 (Public Law 116-94),
as in effect on December 20, 2019.
(B) Federal-aid highway and highway safety construction
programs.--
(i) In general.--Notwithstanding any other provision of
this division, section 1102 of the FAST Act (Public Law 114-
94), or the Department of Transportation Appropriations Act,
2020 (Public Law 116-94), for fiscal year 2021, the
obligations for Federal-aid highway and highway safety
construction programs shall not exceed $46,387,191,360.
(ii) Limitation on federal highway administration
administrative expenses.--Notwithstanding any other provision
of this division, of the amount described in clause (i), for
fiscal year 2021 an amount not to exceed $478,897,049,
together with advances and reimbursements received by the
Federal Highway Administration, shall be obligated for
necessary expenses for administration and operation of the
Federal Highway Administration.
(b) Definitions.--In this section, the term ``covered
laws'' means the following:
(1) Titles I, III, IV, V, and VI of division A of the FAST
Act (Public Law 114-94).
(2) Division A, division B, subtitle A of title I and title
II of division C, and division E of MAP-21 (Public Law 112-
141).
(3) Titles I, II, and III of the SAFETEA-LU Technical
Corrections Act of 2008 (Public Law 110-244).
(4) Titles I, II, III, IV, V, and VI of SAFETEA-LU (Public
Law 109-59).
(5) Titles I, II, III, IV, and V of the Transportation
Equity Act for the 21st Century (Public Law 105-178).
(6) Titles II, III, and IV of the National Highway System
Designation Act of 1995 (Public Law 104-59).
(7) Title I, part A of title II, title III, title IV, title
V, and title VI of the Intermodal Surface Transportation
Efficiency Act of 1991 (Public Law 102-240).
(8) Title 23, United States Code.
(9) Sections 116, 117, 330, and 5505 and chapters 53, 139,
303, 311, 313, 701, and 702 of title 49, United States Code.
SEC. 102. FEDERAL HIGHWAY ADMINISTRATION.
(a) Additional Amounts.--
(1) Authorization of appropriations.--
(A) In general.--In addition to amounts authorized under
section 101, there is authorized to be appropriated from the
Highway Account for fiscal year 2021, for activities under
this section, $14,742,808,640.
(B) Contract authority.--Amounts authorized to be
appropriated under subparagraph (A) shall be available for
obligation as if apportioned under chapter 1 of title 23,
United States Code.
(2) Obligation ceiling.--
(A) In general.--Notwithstanding any other provision of
law, for fiscal year 2021, obligations for activities
authorized under paragraph (1) shall not exceed
$14,742,808,640.
(B) Distribution of obligation authority.--
(i) In general.--Of the obligation authority provided under
subparagraph (A), the Secretary shall make available to
States, Tribes, Puerto Rico, the territories, and Federal
land management agencies, during the period of fiscal year
2021, amounts of obligation authority equal to the amounts
described in subparagraphs (A) through (E) of paragraph (3),
respectively.
(ii) Further distribution.--Each State, each Tribe, Puerto
Rico, each territory, and each Federal land management agency
receiving funds under subparagraphs (A) through (E) of
paragraph (3), respectively, shall receive an amount of
obligation authority equal to the funds that it receives
under any of such subparagraphs.
(C) Redistribution of unused obligation authority.--
(i) In general.--Notwithstanding subparagraph (B), the
Secretary shall, after August 1 of fiscal year 2021--
(I) revise a distribution of the obligation authority made
available under subparagraph (B) if an amount distributed
cannot be obligated during that fiscal year; and
(II) 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)) and 104 of title
23, United States Code.
(ii) Administration.--The Secretary shall administer a
redistribution under clause (i) of obligation authority
provided under subparagraph (B) in a similar manner as the
standard August redistribution.
(iii) Use of obligation authority.--A State may use
obligation authority that it receives pursuant to this
subparagraph in the same manner that it uses obligation
authority that it receives as part of the standard August
redistribution.
(3) Distribution of funds.--Amounts authorized to be
appropriated for fiscal year 2021 under paragraph (1) shall
be distributed as follows:
(A) $14,384,629,710 to the States.
(B) $167,481,814 to Tribes.
(C) $52,400,251 to Puerto Rico.
(D) $13,929,181 to the territories.
(E) $124,367,684 to Federal land management agencies.
(4) State funds.--
(A) Distribution.--
(i) In general.--Amounts made available under paragraph
(3)(A) shall be distributed among the States in the same
ratio as total State apportionments under section 104(c)(1)
of title 23, United States Code, in fiscal year 2020.
(ii) Suballocation.--
(I) In general.--Amounts distributed among the States under
clause (i) shall be suballocated within the State to an area
described in subclause (II) in the proportion that--
(aa) the total amount of funds suballocated to such area of
the State as described in such subclause for fiscal year
2020; bears to
(bb) the total amount of funds apportioned to the State for
the Federal-aid highway program under section 104 of title
23, United States Code, for fiscal year 2020.
(II) Areas described.--The areas described in this
subclause are--
(aa) urbanized areas of the State with an urbanized area
population of over 200,000;
(bb) areas of the State other than urban areas with a
population greater than 5,000; and
(cc) other areas of the State.
(B) Treatment.--Except as otherwise provided in this
paragraph, amounts made available under paragraph (3)(A)
shall be administered as if apportioned under chapter 1 of
title 23, United States Code.
(C) Use of funds.--Amounts made available under paragraph
(3)(A) may be obligated for--
(i) eligible projects described in section 133(b) of title
23, United States Code, subject to section 133(c) of such
title; and
(ii) administrative expenses, including salaries and
benefits, of--
(I) the State department of transportation;
(II) a local transportation agency; or
(III) a metropolitan planning organization.
(5) Tribal funds.--
(A) Treatment.--
(i) In general.--Except as otherwise provided in this
paragraph, amounts made available under paragraph (3)(B)
shall be administered as if made available under section 202
of title 23, United States Code.
(ii) Nonapplicability of certain provisions of law.--
Subsections (a)(6), (c), (d), and (e) of section 202 of title
23, United States Code, shall not apply to amounts made
available under paragraph (3)(B).
(B) Use of funds.--Amounts made available under paragraph
(3)(B) may be obligated for--
(i) activities eligible under section 202(a)(1) of title
23, United States Code; and
(ii) transportation-related administrative expenses,
including salaries and benefits, of the Tribe.
(6) Funds for puerto rico and the territories.--
(A) Treatment.--
(i) In general.--Except as otherwise provided in this
paragraph, amounts made available under paragraphs (3)(C) and
(3)(D) shall be administered as if allocated under sections
165(b) and 165(c), respectively, of title 23, United States
Code.
(ii) Nonapplicability of certain provisions of law.--
Section 165(b)(2) of title 23, United States Code, shall not
apply to amounts made available to Puerto Rico under
paragraph (3)(C).
(B) Use of funds.--
(i) Puerto rico.--Amounts made available to Puerto Rico
under paragraph (3)(C) may be obligated for--
(I) activities eligible under chapter 1 of title 23, United
States Code; and
[[Page H2701]]
(II) transportation related administrative expenses,
including salaries and benefits.
(ii) Territories.--Amounts made available to a territory
under paragraph (3)(D) may be obligated for--
(I) activities eligible under section 165(c)(6) of title
23, United States Code, subject to section 165(c)(7) of such
title; and
(II) transportation-related administrative expenses,
including salaries and benefits.
(7) Federal land management agency funds.--
(A) Distribution.--Amounts made available under paragraph
(3)(E) shall be distributed among the Federal land management
agencies as follows:
(i) $99,494,147 for the National Park Service.
(ii) $9,949,415 for the United States Fish and Wildlife
Service.
(iii) $6,301,296 for the United States Forest Service.
(iv) $8,622,826 to be allocated to the applicable Federal
land management agencies as described in section 203(b) of
title 23, United States Code.
(B) Treatment.--Amounts made available under paragraph
(3)(E) shall be administered as if made available under
section 203 of title 23, United States Code.
(8) Disadvantaged business enterprises.--Section 1101(b) of
the FAST Act (Public Law 114-94) shall apply to additional
amounts made available under paragraph (1).
(b) Special Rules for Fiscal Year 2021.--
(1) Suballocated amounts.--
(A) Use of funds.--Amounts authorized to be appropriated
for fiscal year 2021 with respect to a program under section
101(a)(2)(A) that are suballocated pursuant to section
133(d)(1)(A) of title 23, United States Code, may be
obligated for--
(i) eligible projects as described in section 133(b) of
title 23, United States Code; or
(ii) administrative expenses, including salaries and
benefits, of--
(I) a local transportation agency; or
(II) a metropolitan planning organization.
(B) Obligation authority.--
(i) In general.--A State that is required to obligate in an
urbanized area with an urbanized area population of over
200,000 individuals under section 133(d) of title 23, United
States Code, funds apportioned to the State under section
104(b)(2) of such title shall make available during the
period of fiscal years 2016 through 2021 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 section 133(d) of
title 23, United States Code, during the period; and
(II) the ratio that--
(aa) the aggregate amount of obligation authority
distributed to the State for Federal-aid highways and highway
safety construction programs during the period; bears to
(bb) 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.
(ii) Joint responsibility.--Each State, each affected
metropolitan planning organization, and the Secretary shall
jointly ensure compliance with clause (i).
(2) Ferry boat program.--Amounts authorized to be
appropriated for fiscal year 2021 with respect to a program
under section 101(a)(2)(A) that are made available for the
construction of ferry boats and ferry terminal facilities
under section 147 of title 23, United States Code, may be
obligated--
(A) in accordance with sections 129(c) and 147 of title 23,
United States Code;
(B) for administrative expenses, including salaries and
benefits, of a ferry boat operator or ferry terminal facility
operator eligible for Federal participation under section
129(c) of title 23, United States Code; and
(C) for operating costs associated with a ferry boat or
ferry terminal facility eligible for Federal participation
under section 129(c) of title 23, United States Code.
(3) Nationally significant freight and highway projects.--
In fiscal year 2021, the program carried out under section
117 of title 23, United States Code, shall, in addition to
any otherwise applicable requirements, be subject to the
following provisions:
(A) Multimodal projects.--Notwithstanding subsection
(d)(2)(A) of such section, the limitation for projects
described in such subsection shall be $600,000,000 for fiscal
years 2016 through 2021.
(B) Additional considerations.--Notwithstanding subsection
(h)(2) of such section, the Secretary shall not consider the
utilization of non-Federal contributions.
(C) Evaluation and rating.--To evaluate applications for
funding under such section, the Secretary shall--
(i) determine whether a project is eligible for a grant
under such section;
(ii) evaluate, through a methodology that is discernible
and transparent to the public, how each application addresses
the merit criteria established by the Secretary;
(iii) assign a quality rating for each merit criteria for
each application based on the evaluation under clause (ii);
(iv) ensure that applications receive final consideration
by the Secretary to receive an award under such section only
on the basis of such quality ratings and that the Secretary
gives final consideration only to applications that meet the
minimally acceptable level for each of the merit criteria;
and
(v) award grants only to projects rated highly under the
evaluation and rating process.
(D) Publication and methodology.--In any published notice
of funding opportunity for a grant under such section, the
Secretary shall include detailed information on the rating
methodology and merit criteria to be used to evaluate
applications.
(E) Repeat applications.--
(i) Briefing.--The Secretary shall provide to each
applicant that applied for, but did not receive, funding
under such section in fiscal year 2019 or 2020, at the
request of the applicant, the opportunity to receive a
briefing to--
(I) explain any reasons the application was not selected
for funding; and
(II) advise the applicant on how to improve the application
for resubmission in fiscal year 2021 under the application
criteria described in this paragraph.
(ii) Supplementary application.--
(I) In general.--An applicant for funding under such
section may elect to resubmit an application from a previous
solicitation with a supplementary appendix that describes how
the proposed project meets the requirements of section 117 of
title 23, United States Code, and this paragraph.
(II) Requirements.--The Secretary shall ensure that
applications submitted under subclause (I), including the
supplementary appendix, are evaluated based on such
requirements.
(F) Congressional notification.--A notification submitted
pursuant to subsection (m) of such section shall include--
(i) a summary of each application submitted and, at the
request of either Committee, a copy of any application
submitted;
(ii) a list of any projects the Secretary determined were
not eligible for funding;
(iii) a description of the specific criteria used for each
evaluation, including the quality rating assigned for each
eligible application submitted;
(iv) a list of all projects that advanced to the Secretary
for consideration; and
(v) a detailed justification of the basis for each award
proposed to be selected.
(c) Federal Share.--
(1) In general.--Except as provided in paragraph (3) and
notwithstanding section 120 of title 23, United States Code,
or any other provision of this division, the Federal share
associated with funds described in paragraph (2) that are
obligated during fiscal year 2021 may be up to 100 percent.
(2) Funds described.--The funds described in this paragraph
are funds made available for the implementation or execution
of Federal-aid highway and highway safety construction
programs authorized under title 23 or 49, United States Code,
the FAST Act (Public Law 114-94), or this division.
(3) Exceptions.--Paragraph (1) shall not apply to amounts
obligated under section 115 or 117 of title 23, United States
Code, or chapter 6 of such title.
(d) Administrative Expenses.--
(1) Self-certification and audit.--
(A) In general.--Prior to the obligation of funds for
administrative expenses pursuant to paragraph (4)(C)(ii),
(5)(B)(ii), (6)(B)(i)(II), or (6)(B)(ii)(II) of subsection
(a) or paragraphs (1)(A)(ii) and (2)(B) of subsection (b), a
State, a Tribe, Puerto Rico, or a territory, as applicable,
shall certify to the Secretary that such administrative
expenses meet the requirements of such paragraphs, as
applicable.
(B) Audit.--The Secretary may conduct an audit to review
obligations of funds and liquidation of such obligations for
eligible administrative expenses described under subparagraph
(A).
(2) Planning.--Notwithstanding any other provision of law,
administrative expenses described in paragraph (1)(A) shall
not be required to be included in a metropolitan
transportation plan, a long-range statewide transportation
plan, a transportation improvement program, or a statewide
transportation improvement program under sections 134 or 135
of title 23, United States Code, or chapter 53 of title 49,
United States Code, as applicable.
(e) Definitions.--In this section, the following
definitions apply:
(1) Standard august redistribution.--The term ``standard
August redistribution'' means the redistribution of
obligation authority that the Secretary is directed to
administer under--
(A) section 1102(d) of the FAST Act (Public Law 114-94); or
(B) any Act making appropriations for the Department of
Transportation for fiscal year 2021.
(2) State.--The term ``State'' means the 50 States and the
District of Columbia.
(3) Territory.--The term ``territory'' means any of the
following territories of the United States:
(A) American Samoa.
(B) The Commonwealth of the Northern Mariana Islands.
(C) Guam.
(D) The United States Virgin Islands.
(4) Urban area; urbanized area.--The terms ``urban area''
and ``urbanized area'' have the meanings given such terms in
section 101 of title 23, United States Code.
SEC. 103. FEDERAL TRANSIT ADMINISTRATION.
(a) Additional Amounts.--
(1) Authorization of appropriations from mass transit
account.--
(A) In general.--In addition to amounts authorized under
section 101, there is authorized to be appropriated from the
Mass Transit Account for fiscal year 2021, for activities
under this section, $5,794,851,538.
(B) Apportionment.--Amounts authorized under subparagraph
(A) shall be apportioned in accordance with section 5310,
section 5311 (other than subsections (b)(3), (c)(1)(A), and
(c)(2) of such section), section 5336 (other than subsection
(h)(4) of such section), section 5337, and section 5340 of
title 49, United States Code, except that funds apportioned
under section 5337 of such title shall be added to funds
apportioned
[[Page H2702]]
under section 5307 of such title for administration under
section 5307 of such title.
(C) Allocation.--The Secretary shall allocate the amounts
authorized to be appropriated to sections 5307, 5310, 5311,
5337, and 5340 of title 49, United States Code, among such
sections in the same ratio as funds are provided in the
fiscal year 2020 appropriations.
(D) Obligation limitation.--Notwithstanding any other
provision of law, for fiscal year 2021, obligations for
activities authorized under this paragraph shall not exceed
$5,794,851,538.
(2) Authorization of appropriations from general fund.--In
addition to amounts authorized under section 101(a)(1)(B),
there is authorized to be appropriated from the general fund
of the Treasury--
(A) $958,000,000 to carry out section 5309 of title 49,
United States Code; and
(B) such sums as may be necessary to be made available as
described in subsection (c) and that such sums shall be
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
(3) Disadvantaged business enterprises.--Section 1101(b) of
the FAST Act (Public Law 114-94) shall apply to additional
amounts made available under this subsection.
(b) Special Rules for Fiscal Year 2021.--
(1) Use of funds.--Notwithstanding 5307(a)(1) of title 49,
United States Code, amounts made available under subsection
(a)(1)(A) may be obligated for--
(A) operating expenses, including, beginning on January 20,
2020--
(i) reimbursement for operating costs to maintain service
and offset lost revenue, including the purchase of personal
protective equipment; and
(ii) paying the administrative leave of operations
personnel due to reductions in service; and
(B) any other activity eligible under section 5307, 5310,
5311, or 5337 of title 49, United States Code.
(2) Conditions.--Recipients use of funds under paragraph
(1) shall--
(A) not require that operating expenses described in
paragraph (1)(A) be included in a metropolitan transportation
plan, long-range statewide transportation plan, a
transportation improvement program, or a statewide
transportation improvement program;
(B) meet the requirements of section 5333 of title 49,
United States Code; and
(C) to the maximum extent possible, be directed to payroll
and public transit service, unless the recipient certifies to
the Secretary that such recipient has not furloughed any
employees.
(3) Oversight.--
(A) Of the amounts made available to carry out this
section, the percentages available for oversight in section
5338(f)(1) of title 49, United States Code, shall apply to
the allocations of funds in subsection (a)(1)(C).
(B) Use of funds.--Amounts made available under subsection
(a)(1)(A) shall be available for administrative expenses and
program management oversight as authorized under sections
5334 and 5338(f)(2) of title 49, United States Code.
(4) Administration of grants.--Amounts made available under
subsection (a)(1)(A) shall be administered, at the option of
the recipient, as grants provided under the CARES Act (Public
Law 116-136) are administered.
(c) CIG COVID-19 Emergency Relief Program.--
(1) In general.--From amounts made available under
subsection (a)(2)(B) and notwithstanding section
5309(k)(2)(C)(ii), section 5309(a)(7)(B), or section
5309(l)(1)(B)(ii) of title 49, United States Code, at the
request of a project sponsor, the Secretary shall use such
sums as may be necessary to provide an additional 30 percent
of total project costs for any project under--
(A) 5309(d) of title 49, United States Code, that has been
approved for advancement into the engineering phase;
(B) 5309(e) of title 49, United States Code, that has
entered into the project development phase or approved for
advancement into the engineering phase;
(C) subsection (d) or (e) of section 5309 of title 49,
United States Code, that has a full funding grant agreement
entered into under either such subsection after January 1,
2017; and
(D) section 5309(h) of title 49, United States Code, that
the Federal Transit Administration has a small starts grant
award or agreement entered into after January, 1, 2017, or
that has been recommended by the Administration for an
allocation of capital investment funds that were appropriated
in fiscal year 2018, 2019, or 2020.
(2) Project eligibility.--From amounts made available under
subsection (a)(2)(B), the Secretary shall use such sums as
may be necessary for projects under section 5309 of title 49,
United States Code, that--
(A) are not eligible for funds made available under
paragraph (1); and
(B) have remaining scheduled Federal funds to be
appropriated under a full funding grant agreement under such
section.
(3) Deferred local share.--The Secretary shall allow a
project sponsor to defer payment of the local share for any
project described in paragraphs (1) and (2).
(4) Total project cost.--In this subsection, the term
``total project cost'' means the most recent total project
cost stipulated in--
(A) the full funding grant agreement;
(B) the approval into project engineering;
(C) the project rating for a project not yet approved into
project engineering;
(D) the small starts grant or grant agreement; or
(E) the project rating for a small starts project that has
not yet been awarded a grant or grant agreement.
(5) Federal share.--The Federal share of the costs of a
project under this subsection may not exceed 80 percent.
(6) Application of law.--For purposes of paragraph (1), the
Secretary shall apply section 7001(b) of this Act when
providing the additional 30 percent of total project costs to
any project that meets the criteria in such section.
(d) Federal Share.--
(1) In general.--Notwithstanding chapter 53 of title 49,
United States Code, or any other provision of this division,
the Federal share associated with funds described in
paragraph (2) that are obligated during fiscal year 2021 may
be up to 100 percent.
(2) Funds described.--The funds described in this paragraph
are funds made available for the implementation of transit
programs authorized by chapter 53 of title 49, United States
Code, the FAST Act (Public Law 114-94), or this division,
excluding funds made available to projects under section 5309
of title 49, United States Code.
(e) Condition for Apportionment.--No funds authorized in
this division or any other Act may be used to adjust Mass
Transit Account apportionments or withhold funds from Mass
Transit Account apportionments pursuant to section 9503(e)(4)
of the Internal Revenue Code of 1986 in fiscal year 2021.
SEC. 104. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION.
(a) Special Funding for Fiscal Year 2021.--
(1) In general.--
(A) Authorization of appropriations.--In addition to
amounts authorized under section 101, there is authorized to
be appropriated from the Highway Account for fiscal year
2021, for activities under this subsection, $244,514,000.
(B) Contract authority.--Amounts authorized under
subparagraph (A) shall be available for obligation in the
same manner as if such funds were apportioned under chapter 1
of title 23, United States Code.
(C) Obligation limitation.--Notwithstanding any other
provision of law, for fiscal year 2021, obligations for
activities authorized under this paragraph and obligations
for activities authorized under section
101(a)(2)(A)(i)(II)(bb) that exceed amounts authorized under
section 4001(a)(6) of the FAST Act (Public Law 114-94) shall
not exceed $247,783,000.
(2) Distribution of funds.--Amounts authorized to be
appropriated for fiscal year 2021 under paragraph (1) shall
be distributed as follows:
(A) $105,000,000 for carrying out section 402 of title 23,
United States Code.
(B) $15,312,000 for carrying out section 403 of title 23,
United States Code.
(C) $19,202,000 for carrying out section 404 of title 23,
United States Code.
(D) $105,000,000 for carrying out section 405 of title 23,
United States Code.
(b) Special Rules for Fiscal Year 2021.--
(1) Federal share.--Notwithstanding sections 120,
405(b)(2), 405(c)(2), 405(d)(2) and 405(h)(2) of title 23,
United States Code, the Federal share of activities for
fiscal year 2021 carried out under chapter 4 of title 23,
United States Code and section 1906 of SAFETEA-LU (23 U.S.C.
402 note) shall be 100 percent.
(2) Period of availability.--Notwithstanding section 118(b)
of title 23, United States Code, funds apportioned or
allocated to a State in fiscal years 2017 and 2018 under
sections 402 and 405 of title 23, United States Code, and
section 1906 of SAFETEA-LU (23 U.S.C. 402 note), shall remain
available for obligation in that State for a period of 4
years after the last day of the fiscal year for which the
funds are authorized. Notwithstanding any other provision of
law, this paragraph shall apply as if such paragraph was
enacted on September 30, 2020.
(3) Maintenance of effort.--Notwithstanding section
405(a)(9) of title 23, United States Code, the Secretary may
waive the maintenance of effort requirements under such
section for fiscal year 2021 for a State, if the Secretary
determines appropriate.
(4) In-vehicle alcohol detection device research.--In
carrying out subsection (h) of section 403 of title 23,
United States Code, the Secretary may obligate from funds
made available to carry out such section for fiscal year 2021
not more than $5,312,000 to conduct the research described in
paragraph (1) of such subsection.
(5) Cooperative research and evaluation.--Notwithstanding
the apportionment formula set forth in section 402(c)(2) of
title 23, United States Code, and section 403(f)(1) of title
23, United States Code, $2,500,000 of the total amount
available for apportionment to the States for highway safety
programs under section 402(c)(2) of title 23, United States
Code, for each of fiscal years 2016 through 2021, shall be
available for expenditure by the Secretary, acting through
the Administrator of the National Highway Traffic Safety
Administration, for a cooperative research and evaluation
program to research and evaluate priority highway safety
countermeasures. This paragraph shall apply as if such
paragraph was enacted on October 1, 2015.
SEC. 105. FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION.
(a) Special Funding for Fiscal Year 2021.--
(1) Authorization of appropriations.--
(A) In general.--In addition to amounts authorized under
section 101, there is authorized to be appropriated from the
Highway Account for fiscal year 2021, for activities under
this subsection, $209,900,000.
(B) Obligation limitation.--Notwithstanding any other
provision of law, for fiscal year 2021, obligations for
activities authorized under this paragraph shall not exceed
$209,900,000.
(2) Distribution of funds.--Amounts authorized to be
appropriated for fiscal year 2021 under paragraph (1) shall
be distributed as follows:
[[Page H2703]]
(A) Subject to section 31104(c) of title 49, United States
Code--
(i) $80,512,000 for carrying out section 31102 (except
subsection (l)) of title 49, United States Code);
(ii) $14,208,000 for carrying out section 31102(l) of title
49, United States Code; and
(iii) $23,680,000 for carrying out section 31313 of title
49, United States Code.
(B) $91,500,000 for carrying out section 31110 of title 49,
United States Code.
(3) Treatment of funds.--Except as provided in subsection
(b), amounts made available under this section shall be made
available for obligation and administered as if made
available under chapter 311 of title 49, United States Code.
(b) Special Rules for Fiscal Year 2021.--
(1) Financial assistance agreements federal share.--
Notwithstanding chapter 311 of title 49, United States Code,
or any regulations adopted pursuant to such chapter, for the
duration of fiscal year 2021 with respect to all financial
assistance made available under subsection (a) and section
101, the Secretary of Transportation may--
(A) reimburse recipients under section 31104(b)(2) of title
49, United States Code, in an amount that is 100 percent of
the costs described in such section; and
(B) waive the maintenance of effort requirement under
31102(f) of title 49, United States Code, for all States
without requiring States to request a waiver.
(2) Financial assistance agreements period of
availability.--Notwithstanding section 31104(f) of title 49,
United States Code, the Secretary shall extend the periods of
availability described in such section by 1 year.
(3) Administrative expenses.--The Administrator of the
Federal Motor Carrier Safety Administration shall ensure that
funds made available under subsection (a)(2)(B) are used, to
the maximum extent practicable, to support--
(A) the acceleration of planned investments to modernize
the Administration's information technology and information
management systems;
(B) the completion of outstanding statutory mandates
required by MAP-21 (112-141) and the FAST Act (114-94); and
(C) a Large Truck Crash Causal Factors Study of the
Administration.
SEC. 106. DEFINITIONS.
In this division, the following definitions apply:
(1) Highway account.--The term ``Highway Account'' means
the portion of the Highway Trust Fund that is not the Mass
Transit Account.
(2) Mass transit account.--The term ``Mass Transit
Account'' means the portion of the Highway Trust Fund
established under section 9503(e)(1) of the Internal Revenue
Code of 1986.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
DIVISION B--SURFACE TRANSPORTATION
SEC. 1001. APPLICABILITY OF DIVISION.
(a) Applicability.--This division, including the amendments
made by this division, applies beginning on October 1, 2021.
(b) Reference to Date of Enactment.--In this division and
the amendments made by this division, any reference to--
(1) the date of enactment of this Act;
(2) the date of enactment of a provision of this division;
(3) the date of enactment of a provision added to law by an
amendment made by this division; or
(4) the date of enactment of the INVEST in America Act
added to law by an amendment made by this division,
shall be treated as a reference to October 1, 2021.
(c) Exception for Immediate Application.--Subsections (a)
and (b) shall not apply to section 1105 and the amendments
made by such section.
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A--Authorizations and Program Conditions
SEC. 1101. 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 pre-disaster mitigation program under
section 124 of such title, the railway crossings program
under section 130 of such title, the surface transportation
program under section 133 of such title, the highway safety
improvement program under section 148 of such title, the
congestion mitigation and air quality improvement program
under section 149 of such title, the national highway freight
program under section 167 of such title, the carbon pollution
reduction program under section 171 of such title, and
metropolitan planning under section 134 of such title--
(A) $55,022,048,429 for fiscal year 2022;
(B) $55,980,646,776 for fiscal year 2023;
(C) $57,095,359,712 for fiscal year 2024; and
(D) $58,118,666,186 for fiscal year 2025.
(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, $300,000,000 for each of
fiscal years 2022 through 2025.
(3) Construction of ferry boats and ferry terminal
facilities.--For construction of ferry boats and ferry
terminal facilities under section 147 of title 23, United
States Code, $120,000,000 for each of fiscal years 2022
through 2025.
(4) Federal lands and tribal transportation programs.--
(A) Tribal transportation program.--For the tribal
transportation program under section 202 of title 23, United
States Code, $800,000,000 for each of fiscal years 2022
through 2025.
(B) Federal lands transportation program.--
(i) In general.--For the Federal lands transportation
program under section 203 of title 23, United States Code,
$550,000,000 for each of fiscal years 2022 through 2025.
(ii) Allocation.--Of the amount made available for a fiscal
year under clause (i)--
(I) the amount for the National Park Service is
$400,000,000 for each of fiscal years 2022 through 2025;
(II) the amount for the United States Fish and Wildlife
Service is $50,000,000 for each of fiscal years 2022 through
2025; and
(III) the amount for the United States Forest Service is
$50,000,000 for each of fiscal years 2022 through 2025.
(C) Federal lands access program.--For the Federal lands
access program under section 204 of title 23, United States
Code, $345,000,000 for each of fiscal years 2022 through
2025.
(D) Federal lands and tribal major projects grants.--To
carry out section 208 of title 23, United States Code,
$400,000,000 for each of fiscal years 2022 through 2025.
(5) Territorial and puerto rico highway program.--For the
territorial and Puerto Rico highway program under section 165
of title 23, United States Code, $310,000,000 for each of
fiscal years 2022 through 2025.
(6) Projects of national and regional significance.--For
projects of national and regional significance under section
117 of title 23, United States Code--
(A) $2,200,000,000 for fiscal year 2022;
(B) $2,200,000,000 for fiscal year 2023;
(C) $2,300,000,000 for fiscal year 2024; and
(D) $2,350,000,000 for fiscal year 2025.
(7) Community transportation investment grants.--To carry
out section 173 of title 23, United States Code, $600,000,000
for each of fiscal years 2022 through 2025.
(8) Electric vehicle charging, natural gas fueling, propane
fueling, and hydrogen fueling infrastructure grants.--To
carry out section 151(f) of title 23, United States Code,
$350,000,000 for each of fiscal years 2022 through 2025.
(9) Community climate innovation grants.--To carry out
section 172 of title 23, United States Code, $250,000,000 for
each of fiscal years 2022 through 2025.
(b) Additional 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) Gridlock reduction grant program.--To carry out section
1306 of this Act, $250,000,000 for fiscal year 2022.
(B) Rebuild rural grant program.--To carry out section 1307
of this Act, $250,000,000 for fiscal year 2022.
(C) Parking for commercial motor vehicles.--To carry out
section 1308 of this Act, $250,000,000 for fiscal year 2023.
(D) Active transportation connectivity grant program.--To
carry out section 1309 of this Act, $250,000,000 for fiscal
year 2024.
(E) Metro performance program.--To carry out section 1305
of this Act, $250,000,000 for each of fiscal years 2023
through 2025.
(2) Treatment of funds.--Amounts made available under
subparagraphs (B) through (D) of paragraph (1) shall be
administered as if apportioned under chapter 1 of title 23,
United States Code.
(c) Disadvantaged Business Enterprises.--
(1) Findings.--Congress finds that--
(A) despite the real improvements caused by the
disadvantaged business enterprise program, minority- and
women-owned businesses across the country continue to
confront serious and significant obstacles to success caused
by race and gender discrimination in the federally assisted
surface transportation market and related markets across the
United States;
(B) the continuing race and gender discrimination described
in subparagraph (A) merits the continuation of the
disadvantaged business enterprise program;
(C) recently, the disparities cause by discrimination
against African American, Hispanic American, Asian American,
Native American, and women business owners have been further
exacerbated by the coronavirus pandemic and its
disproportionate effects on minority- and women-owned
businesses across the nation;
(D) Congress has received and reviewed testimony and
documentation of race and gender discrimination from numerous
sources, including congressional hearings and other
investigative activities, scientific reports, reports issued
by public and private agencies at every level of government,
news reports, academic publications, reports of
discrimination by organizations and individuals, and
discrimination lawsuits, which continue to demonstrate that
race- and gender-neutral efforts alone are insufficient to
address the problem;
(E) the testimony and documentation described in
subparagraph (D) demonstrate that discrimination across the
United States poses an injurious and enduring barrier to full
and fair participation in surface transportation-related
businesses of women business owners and minority business
owners and has negatively affected firm formation,
development and success in many aspects of surface
transportation-related business in the public and private
markets; and
(F) the testimony and documentation described in
subparagraph (D) provide a clear picture of the inequality
caused by discrimination that continues to plague our nation
and 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.
[[Page H2704]]
(2) Definitions.--In this subsection, the following
definitions apply:
(A) Small business concern.--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)).
(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 of Transportation determines
otherwise, not less than 10 percent of the amounts made
available for any program under titles I, II, V, and VII of
this division 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 of Transportation 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 of Transportation 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 titles I, II, V, and
VII of this division 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 of Transportation 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
Department of Transportation's ability to track and keep
records of complaints and to make that information publicly
available.
(d) Limitation on Financial Assistance for State-Owned
Enterprises.--
(1) In general.--Funds provided under this section may not
be used in awarding a contract, subcontract, grant, or loan
to an entity that is owned or controlled by, is a subsidiary
of, or is otherwise related legally or financially to a
corporation based in a country that--
(A) is identified 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 this Act;
(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 priority
foreign country under subsection (a)(2) of that 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).
(2) Exception.--For purposes of paragraph (1), the term
``otherwise related legally or financially'' does not include
a minority relationship or investment.
(3) International agreements.--This subsection shall be
applied in a manner consistent with the obligations of the
United States under international agreements.
SEC. 1102. OBLIGATION LIMITATION.
(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) $62,159,350,954 for fiscal year 2022;
(2) $63,121,354,776 for fiscal year 2023;
(3) $64,346,443,712 for fiscal year 2024; and
(4) $65,180,125,186 for fiscal year 2025.
(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 (Public Law 102-240);
(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 (but, for
fiscal years 2016 through 2021, only in an amount equal to
$639,000,000 for each of those fiscal years);
(14) section 203 of title 23, United States Code (but, for
fiscal years 2022 through 2025, only in an amount equal to
$550,000,000 for each of those fiscal years); and
(15) section 133(d)(1)(B) of title 23, United States Code
(but, for fiscal years 2022 through 2025, only in an amount
equal to $89,000,000 for each of those fiscal years).
(c) Distribution of Obligation Authority.--Subject to
paragraph (1)(B), for each of fiscal years 2022 through 2025,
the Secretary of Transportation--
(1)(A) shall not distribute obligation authority provided
by subsection (a) for the fiscal year for--
(i) amounts authorized for administrative expenses and
programs by section 104(a) of title 23, United States Code;
(ii) amounts authorized for the Bureau of Transportation
Statistics;
(iii) amounts authorized for the tribal transportation
program under section 202 of title 23, United States Code;
and
(iv) amounts authorized for the territorial and Puerto Rico
highway program under section 165(a) of title 23, United
States Code; and
(B) for each of fiscal years 2023 through 2025, in addition
to the amounts described in subparagraph (A), shall not
distribute obligation authority provided by subsection (a)
for the fiscal year for amounts authorized for the metro
performance program under section 1305 of this Act;
(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--
(i) the sums authorized to be appropriated for the Federal-
aid highway and highway safety construction programs, other
than sums authorized to be appropriated for--
(I) provisions of law described in paragraphs (1) through
(13) of subsection (b);
(II) section 203 of title 23, United States Code, equal to
the amount referred to in subsection (b)(14) for the fiscal
year; and
(III) section 133(d)(1)(B) of title 23, United States Code,
equal to the amount referred to in subsection (b)(15) for the
fiscal year; less
(ii) 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 Act and title 23,
United States Code, or apportioned by the Secretary under
section 202 or 204 of such title, by multiplying--
(A) the proportion determined under paragraph (3); by
[[Page H2705]]
(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 surface transportation program in
section 133(d)(1)(B) of title 23, United States Code, that
are exempt from the limitation under subsection (b)(15) and
the amounts apportioned under sections 202 and 204 of such
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 of
Transportation shall, after August 1 of each of fiscal years
2022 through 2025--
(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
section 104 of title 23, United States Code.
(e) Special Limitation.--
(1) In general.--Except as provided in paragraph (2),
obligation limitations imposed by subsection (a) shall apply
to contract authority for--
(A) transportation research programs carried out under
chapter 5 of title 23, United States Code, and title V of
this Act; and
(B) the metro performance program under section 1305 of
this Act.
(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) Lop-Off.--
(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 2025, the Secretary of
Transportation shall distribute to the States any funds
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. 1103. DEFINITIONS AND DECLARATION OF POLICY.
Section 101 of title 23, United States Code, is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (1), (2), (3), (4), (5),
(6), (7), (8), (9), (10), (11), (12), (13), (14), (15), (16),
(17), (18), (19), (20), (21), (22), (23), (24), (25), (26),
(27), (28), (29), (30), (31), (32), (33), and (34) as
paragraphs (2), (3), (4), (6), (8), (10), (11), (12), (13),
(14), (16), (17), (18), (19), (20), (21), (23), (24), (25),
(26), (28), (29), (32), (33), (34), (35), (36), (37), (38),
(40), (41), (42), (43), and (44), respectively;
(B) by inserting before paragraph (2), as so redesignated,
the following:
``(1) Adaptation.--The term `adaptation' means an
adjustment in natural or human systems in anticipation of, or
in response to, a changing environment in a way that
moderates negative effects of extreme events or climate
change.'';
(C) by inserting after paragraph (4), as so redesignated,
the following:
``(5) Climate change.--The term `climate change' means any
significant change in the measures of climate lasting for an
extended period of time, and may include major changes in
temperature, precipitation, wind patterns, or sea level,
among others, that occur over several decades or longer.'';
(D) in paragraph (6)(A), as so redesignated, by inserting
``assessing resilience,'' after ``surveying,'';
(E) by inserting after paragraph (6), as so redesignated,
the following:
``(7) Context sensitive design principles.--The term
`context sensitive design principles' means principles for
the design of a public road that--
``(A) provides for the safe and adequate accommodation, in
all phases of project planning, design, and development,
transportation facilities for users, including pedestrians,
bicyclists, public transportation users, children, older
individuals, individuals with disabilities, motorists, and
freight vehicles; and
``(B) considers the context in which the facility is
planned to be constructed to determine the appropriate
facility design.'';
(F) by inserting after paragraph (8), as so redesignated,
the following:
``(9) Evacuation route.--The term `evacuation route' means
a transportation route or system that--
``(A) is used to transport--
``(i) the public away from an emergency event; or
``(ii) first responders and recovery resources in the event
of an emergency; and
``(B) is identified, consistent with sections
134(i)(2)(I)(iii) and 135(f)(10)(C)(iii), by the eligible
entity with jurisdiction over the area in which the route is
located for the purposes described in subparagraph (A).'';
(G) by inserting after paragraph (14), as so redesignated,
the following:
``(15) Greenhouse gas.--The term `greenhouse gas' has the
meaning given the term in section 211(o)(1)(G) of the Clean
Air Act (42 U.S.C. 7545(o)(1)(G)).'';
(H) by inserting after paragraph (21), as so redesignated,
the following:
``(22) Natural infrastructure.--
``(A) In general.--The term `natural infrastructure' means
infrastructure that uses, restores, or emulates natural
ecological processes that--
``(i) is created through the action of natural physical,
geological, biological, and chemical processes over time;
``(ii) is created by human design, engineering, and
construction to emulate or act in concert with natural
processes; or
``(iii) 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.
``(B) Inclusion.--The term `natural infrastructure'
includes green infrastructure and nature-based solutions.'';
(I) by inserting after paragraph (26), as so redesignated,
the following:
``(27) Protective feature.--
``(A) In general.--The term `protective feature' means an
improvement to a highway or bridge designed to increase
resilience or mitigate the risk of recurring damage or the
cost of future repairs from climate change effects, extreme
events, seismic activity, or any other natural disaster.
``(B) Inclusions.--The term `protective feature' includes--
``(i) raising roadway grades;
``(ii) relocating roadways 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) scour, stream stability, coastal, and other
hydraulic countermeasures; and
``(x) the use of natural infrastructure.'';
(J) by inserting after paragraph (29), as so redesignated,
the following:
``(30) Repeatedly damaged facility.--The term `repeatedly
damaged facility' means a road, highway, or bridge that has
required repair and reconstruction activities on 2 or more
occasions due to natural disasters or catastrophic failures
resulting in emergencies declared by the Governor of the
State in which the road, highway, or bridge is located or
emergencies or major disasters declared by the President
under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.).
``(31) Resilience.--
``(A) In general.--The term `resilience' means, with
respect to a facility, the ability to--
``(i) anticipate, prepare for, or adapt to conditions; or
``(ii) withstand, respond to, or recover rapidly from
disruptions.
``(B) Inclusions.--Such term includes, with respect to a
facility, the ability to--
``(i) resist hazards or withstand impacts from disruptions;
``(ii) reduce the magnitude, duration, or impact of a
disruption; or
``(iii) have the absorptive capacity, adaptive capacity,
and recoverability to decrease vulnerability to a
disruption.'';
(K) by inserting after paragraph (38), as so redesignated,
the following:
``(39) Transportation system access.--The term
`transportation system access' means the ability to travel by
automobile, public transportation, pedestrian, and bicycle
networks, measured by travel time, taking into
consideration--
``(A) the impacts of the level of travel stress for non-
motorized users;
``(B) costs for low-income travelers; and
``(C) the extent to which transportation access is impacted
by zoning policies and land use planning practices that
effect the affordability, elasticity, and diversity of the
housing supply.''; and
(L) by adding at the end the following:
``(45) Transportation demand management; tdm.--The terms
`transportation demand management' and `TDM' mean the use of
strategies to inform and encourage travelers to maximize the
efficiency of a transportation system leading to improved
mobility, reduced congestion, and lower vehicle emissions.
``(46) Transportation demand management strategies.--The
term `transportation demand management strategies' means the
use of planning, programs, policy, marketing, communications,
incentives, pricing, and technology to shift travel mode,
routes used, departure times, number of trips, and location
and design work space or public attractions.''; and
(2) in subsection (b)--
[[Page H2706]]
(A) in paragraph (1) by striking ``Defense,'' and inserting
``Defense Highways,'';
(B) in paragraph (3)--
(i) in subparagraph (A) by striking ``Century'' and
inserting ``century'';
(ii) in subparagraph (G) by striking ``; and'' and
inserting a semicolon;
(iii) in subparagraph (H) by striking ``Century.'' and
inserting ``century;''; and
(iv) by adding at the end the following:
``(I) safety is the highest priority of the Department of
Transportation, and the Secretary and States should take all
actions necessary to meet the transportation needs of the
21st century for all road users;
``(J) climate change presents a significant risk to safety,
the economy, and national security, and reducing the
contributions of the transportation system to the Nation's
total carbon pollution is critical; and
``(K) the Secretary and States should take appropriate
measures and ensure investments to increase the resilience of
the Nation's transportation system.''; and
(C) in paragraph (4)(A) by inserting ``while ensuring that
environmental protections are maintained'' after ``review
process''.
SEC. 1104. APPORTIONMENT.
(a) In General.--Section 104 of title 23, United States
Code, is amended--
(1) in subsection (a)(1) by striking subparagraphs (A)
through (E) and inserting the following:
``(A) $ 506,302,525 for fiscal year 2022;
``(B) $ 509,708,000 for fiscal year 2023;
``(C) $ 520,084,000 for fiscal year 2024; and
``(D) $ 530,459,000 for fiscal year 2025.'';
(2) by striking subsections (b) and (c) and inserting the
following:
``(b) Division Among Programs of State's Share of
Apportionment.--The Secretary shall distribute the amount
apportioned to a State for a fiscal year under subsection (c)
among the covered programs as follows:
``(1) National highway performance program.--For the
national highway performance program, 55.09 percent of the
amount remaining after distributing amounts under paragraphs
(4), (6), and (7).
``(2) Surface transportation program.--For the surface
transportation program, 28.43 percent of the amount remaining
after distributing amounts under paragraphs (4), (6), and
(7).
``(3) Highway safety improvement program.--For the highway
safety improvement program, 6.19 percent of the amount
remaining after distributing amounts under paragraphs (4),
(6), and (7).
``(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) $2,913,925,833 for fiscal year 2022;
``(ii) $2,964,919,535 for fiscal year 2023;
``(iii) $3,024,217,926 for fiscal year 2024; and
``(iv) $3,078,653,849 for fiscal year 2025.
``(C) State share.--For each fiscal year, the Secretary
shall distribute among the States the 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 such program for fiscal year 2020.
``(5) National highway freight program.--For the national
highway freight program, 3.38 percent of the amount remaining
after distributing amounts under paragraphs (4), (6), and
(7).
``(6) Metropolitan planning.--
``(A) In general.--For metropolitan planning, 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) $507,500,000 for fiscal year 2022;
``(ii) $516,381,250 for fiscal year 2023;
``(iii) $526,708,875 for fiscal year 2024; and
``(iv) $536,189,635 for fiscal year 2025.
``(C) State share.--For each fiscal year, the Secretary
shall distribute among the States the amount for metropolitan
planning under subparagraph (B) so that each State receives
an amount equal to the proportion that--
``(i) the amount apportioned to the State for metropolitan
planning for fiscal year 2020; bears to
``(ii) the total amount of funds apportioned to all States
for metropolitan planning for fiscal year 2020.
``(7) Railway crossings.--
``(A) In general.--For the railway crossings program, an
amount determined for the State under subparagraphs (B) and
(C).
``(B) Total amount.--The total amount for the railway
crossings program for all States shall be $245,000,000 for
each of fiscal years 2022 through 2025.
``(C) State share.--
``(i) In general.--For each fiscal year, the Secretary
shall distribute among the States the amount for the railway
crossings program under subparagraph (B) as follows:
``(I) 50 percent of the amount for a fiscal year shall be
apportioned to States by the formula set forth in section
104(b)(3)(A) (as in effect on the day before the date of
enactment of MAP-21).
``(II) 50 percent of the amount for a fiscal year shall be
apportioned to States in the ratio that total public railway-
highway crossings in each State bears to the total of such
crossings in all States.
``(ii) Minimum apportionment.--Notwithstanding clause (i),
for each fiscal year, each State shall receive a minimum of
one-half of 1 percent of the total amount for the railway
crossings program for such fiscal year under subparagraph
(B).
``(8) Predisaster mitigation program.--For the predisaster
mitigation program, 2.96 percent of the amount remaining
after distributing amounts under paragraphs (4), (6), and
(7).
``(9) Carbon pollution reduction program.--For the carbon
pollution reduction program, 3.95 percent of the amount
remaining after distributing amounts under paragraphs (4),
(6), and (7).
``(c) Calculation of Amounts.--
``(1) State share.--For each of fiscal years 2022 through
2025, the amount for each State shall be determined as
follows:
``(A) Initial amounts.--The initial amounts for each State
shall be determined by multiplying--
``(i) the combined amount authorized for appropriation for
the fiscal year for the covered programs; by
``(ii) the share for each State, which shall be equal to
the proportion that--
``(I) the amount of apportionments that the State received
for fiscal year 2020; bears to
``(II) the amount of those apportionments received by all
States for fiscal year 2020.
``(B) Adjustments to amounts.--The initial amounts
resulting from the calculation under subparagraph (A) shall
be adjusted to ensure that each State receives an aggregate
apportionment equal to at least 95 percent of the estimated
tax payments attributable to highway users in the State paid
into the Highway Trust Fund (other than the Mass Transit
Account) in the most recent fiscal year for which data are
available.
``(2) State apportionment.--On October 1 of fiscal years
2022 through 2025, the Secretary shall apportion the sums
authorized to be appropriated for expenditure on the covered
programs in accordance with paragraph (1).'';
(3) in subsection (d)(1)(A)--
(A) in clause (i) by striking ``paragraphs (5)(D) and (6)
of subsection (b)'' and inserting ``subsection (b)(6)''; and
(B) in clause (ii) by striking ``paragraphs (5)(D) and (6)
of subsection (b)'' and inserting ``subsection (b)(6)''; and
(4) by striking subsections (h) and (i) and inserting the
following:
``(h) Definition of Covered Programs.--In this section, the
term `covered programs' means--
``(1) the national highway performance program under
section 119;
``(2) the surface transportation program under section 133;
``(3) the highway safety improvement program under section
148;
``(4) the congestion mitigation and air quality improvement
program under section 149;
``(5) the national highway freight program under section
167;
``(6) metropolitan planning under section 134;
``(7) the railway crossings program under section 130;
``(8) the predisaster mitigation program under section 124;
and
``(9) the carbon pollution reduction program under section
171.''.
(b) Federal Share Payable.--Section 120(c)(3) of title 23,
United States Code, is amended--
(1) in subparagraph (A) by striking ``(5)(D),''; and
(2) in subparagraph (C)(i) by striking ``(5)(D),''.
(c) Metropolitan Transportation Planning; Title 23.--
Section 134(p) of title 23, United States Code, is amended by
striking ``paragraphs (5)(D) and (6) of section 104(b)'' and
inserting ``section 104(b)(6)''.
(d) Statewide and Nonmetropolitan Transportation
Planning.--Section 135(i) of title 23, United States Code, is
amended by striking ``paragraphs (5)(D) and (6) of section
104(b)'' and inserting ``section 104(b)(6)''.
(e) Metropolitan Transportation Planning; Title 49.--
Section 5303(p) of title 49, United States Code, is amended
by striking ``section 104(b)(5)'' and inserting ``section
104(b)(6)''.
SEC. 1105. ADDITIONAL DEPOSITS INTO HIGHWAY TRUST FUND.
Section 105 of title 23, United States Code, is amended--
(1) in subsection (a) by striking ``FAST Act'' and
inserting ``INVEST in America Act'';
(2) in subsection (c)--
(A) in paragraph (1)(A) by striking ``to be appropriated''
each place it appears; and
(B) by adding at the end the following:
``(4) Special rule.--
``(A) Adjustment.--In making an adjustment under paragraph
(1) for an allocation, reservation, or set-aside from an
amount authorized from the Highway Account or Mass Transit
Account described in subparagraph (B), the Secretary shall--
``(i) determine the ratio that--
``(I) the amount authorized to be appropriated for the
allocation, reservation, or set-aside from the account for
the fiscal year; bears to
``(II) the total amount authorized to be appropriated for
such fiscal year for all programs under such account;
``(ii) multiply the ratio determined under clause (i) by
the amount of the adjustment determined under subsection
(b)(1)(B); and
``(iii) adjust the amount that the Secretary would have
allocated for the allocation, reservation, or set-aside for
such fiscal year but for this section by the amount
calculated under clause (ii).
``(B) Allocations, reservations, and set-asides.--The
allocations, reservations, and set-asides described in this
subparagraph are--
``(i) from the amount made available for a fiscal year for
the Federal lands transportation program under section 203,
the amounts allocated for a fiscal year for the National Park
[[Page H2707]]
Service, the United States Fish and Wildlife Service, and the
United States Forest Service;
``(ii) the amount made available for the Puerto Rico
highway program under section 165(a)(1);
``(iii) the amount made available for the territorial
highway program under section 165(a)(2);
``(iv) from the amounts made available for a fiscal year
for the urbanized areas formula grants under section 5307 of
title 49, the amounts allocated for a fiscal year for the
passenger ferry grant program under section 5307(h) of such
title;
``(v) from the amounts made available for a fiscal year for
the formula grants for rural areas under section 5311 of such
title, the amounts allocated for a fiscal year for public
transportation on Indian reservations;
``(vi) from the amounts made available for a fiscal year
for the public transportation innovation program under
section 5312 of such title--
``(I) the amounts allocated for the zero emission vehicle
component assessment under section 5312(h) of such title; and
``(II) the amounts allocated for the transit cooperative
research program under section 5312(i) of such title;
``(vii) from the amounts made available for a fiscal year
for the technical assistance and workforce development
program of section 5314 of such title, the amounts allocated
for the national transit institute under section 5314(c) of
such title;
``(viii) from the amounts made available for a fiscal year
for the bus and bus facilities program under section 5339 of
such title, the amounts allocated for a fiscal year for the
zero emission grants under section 5339(c) of such title;
``(ix) the amounts made available for growing States under
section 5340(c) of such title; and
``(x) the amounts made available for high density states
under section 5340(d) of such title.'';
(3) in subsection (d) by inserting ``and section 5324 of
title 49'' after ``section 125'';
(4) in subsection (e)--
(A) by striking ``There is authorized'' and inserting ``For
fiscal year 2022 and each fiscal year thereafter, there is
authorized''; and
(B) by striking ``for any of fiscal years 2017 through
2020''; and
(5) in subsection (f)(1) by striking ``section 1102 or 3018
of the FAST Act'' and inserting ``any other provision of
law''.
SEC. 1106. TRANSPARENCY.
(a) Apportionment.--Section 104 of title 23, United States
Code, is amended by striking subsection (g) and inserting the
following:
``(g) Highway Trust Fund Transparency and Accountability
Reports.--
``(1) Requirement.--
``(A) In general.--The Secretary shall compile data in
accordance with this subsection on the use of Federal-aid
highway funds made available under this title.
``(B) User friendly data.--The data compiled under
subparagraph (A) shall be in a user friendly format that can
be searched, downloaded, disaggregated, and filtered by data
category.
``(2) Project data.--
``(A) In general.--Not later than 120 days after the end of
each fiscal year, the Secretary shall make available on the
website of the Department of Transportation a report that
describes--
``(i) the location of each active project within each State
during such fiscal year, including in which congressional
district or districts such project is located;
``(ii) the total cost of such project;
``(iii) the amount of Federal funding obligated for such
project;
``(iv) the program or programs from which Federal funds
have been obligated for such project;
``(v) whether such project is located in an area of the
State with a population of--
``(I) less than 5,000 individuals;
``(II) 5,000 or more individuals but less than 50,000
individuals;
``(III) 50,000 or more individuals but less than 200,000
individuals; or
``(IV) 200,000 or more individuals;
``(vi) whether such project is located in an area of
persistent poverty, as defined in section 172(l);
``(vii) the type of improvement being made by such project,
including categorizing such project as--
``(I) a road reconstruction project;
``(II) a new road construction project;
``(III) a new bridge construction project;
``(IV) a bridge rehabilitation project; or
``(V) a bridge replacement project; and
``(viii) the functional classification of the roadway on
which such project is located.
``(B) Interactive map.--In addition to the data made
available under subparagraph (A), the Secretary shall make
available on the website of the Department of Transportation
an interactive map that displays, for each active project,
the information described in clauses (i) through (v) of
subparagraph (A).
``(3) State data.--
``(A) Apportioned and allocated programs.--The website
described in paragraph (2)(A) shall be updated annually to
display the Federal-aid highway funds apportioned and
allocated to each State under this title, including--
``(i) the amount of funding available for obligation by the
State, including prior unobligated balances, at the start of
the fiscal year;
``(ii) the amount of funding obligated by the State during
such fiscal year;
``(iii) the amount of funding remaining available for
obligation by the State at the end of such fiscal year; and
``(iv) changes in the obligated, unexpended balance for the
State.
``(B) Programmatic data.--The data described in
subparagraph (A) shall include--
``(i) the amount of funding by each apportioned and
allocated program for which the State received funding under
this title;
``(ii) the amount of funding transferred between programs
by the State during the fiscal year using the authority
provided under section 126; and
``(iii) the amount and program category of Federal funds
exchanged as described in section 106(g)(6).
``(4) Definitions.--In this subsection:
``(A) Active project.--
``(i) In general.--The term `active project' means a
Federal-aid highway project using funds made available under
this title on which those funds were obligated or expended
during the fiscal year for which the estimated total cost as
of the start of construction is greater than $5,000,000.
``(ii) Exclusion.--The term `active project' does not
include any project for which funds are transferred to
agencies other than the Federal Highway Administration.
``(B) Interactive map.--The term `interactive map' means a
map displayed on the public website of the Department of
Transportation that allows a user to select and view
information for each active project, State, and congressional
district.
``(C) State.--The term `State' means any of the 50 States
or the District of Columbia.''.
(b) Project Approval and Oversight.--Section 106 of title
23, United States Code, is amended--
(1) in subsection (g)--
(A) in paragraph (4) by striking subparagraph (B) and
inserting the following:
``(B) Assistance to states.--The Secretary shall--
``(i) develop criteria for States to use to make the
determination required under subparagraph (A); and
``(ii) provide training, guidance, and other assistance to
States and subrecipients as needed to ensure that projects
administered by subrecipients comply with the requirements of
this title.
``(C) Periodic review.--The Secretary shall review, not
less frequently than every 2 years, the monitoring of
subrecipients by the States.''; and
(B) by adding at the end the following:
``(6) Federal funding exchange programs.--A State may
implement a program under which a subrecipient has the option
to exchange Federal funds allocated to such subrecipient in
accordance with the requirements of this title for State or
local funds if the State certifies to the Secretary that the
State has prevailing wage and domestic content requirements
that are comparable to the requirements under sections 113
and 313 and that such requirements shall apply to projects
carried out using such funds if such projects would have been
subject to the requirements of sections 113 and 313 if such
projects were carried out using Federal funds.'';
(2) in subsection (h)(3)--
(A) in subparagraph (B) by striking ``, as determined by
the Secretary,''; and
(B) in subparagraph (D) by striking ``shall assess'' and
inserting ``in the case of a project proposed to be advanced
as a public-private partnership, shall include a detailed
value for money analysis or comparable analysis to
determine''; and
(3) by adding at the end the following:
``(k) Megaprojects.--
``(1) Comprehensive risk management plan.--To be authorized
for the construction of a megaproject, the recipient of
Federal financial assistance under this title for such
megaproject shall submit to the Secretary a comprehensive
risk management plan that contains--
``(A) a description of the process by which the recipient
will identify, quantify, and monitor the risks, including
natural hazards, that might result in cost overruns, project
delays, reduced construction quality, or reductions in
benefits with respect to the megaproject;
``(B) examples of mechanisms the recipient will use to
track risks identified pursuant to subparagraph (A);
``(C) a plan to control such risks; and
``(D) such assurances as the Secretary determines
appropriate that the recipient shall, with respect to the
megaproject--
``(i) regularly submit to the Secretary updated cost
estimates; and
``(ii) maintain and regularly reassess financial reserves
for addressing known and unknown risks.
``(2) Peer review group.--
``(A) In general.--Not later than 90 days after the date on
which a megaproject is authorized for construction, the
recipient of Federal financial assistance under this title
for such megaproject shall establish a peer review group for
such megaproject that consists of at least 5 individuals
(including at least 1 individual with project management
experience) to give expert advice on the scientific,
technical, and project management aspects of the megaproject.
``(B) Membership.--
``(i) In general.--Not later than 180 days after the date
of enactment of this subsection, the Secretary shall
establish guidelines describing how a recipient described in
subparagraph (A) shall--
``(I) recruit and select members for a peer review group
established under such subparagraph; and
``(II) make publicly available the criteria for such
selection and identify the members so selected.
``(ii) Conflict of interest.--No member of a peer review
group for a megaproject may have a direct or indirect
financial interest in such megaproject.
``(C) Tasks.--A peer review group established under
subparagraph (A) by a recipient of Federal financial
assistance for a megaproject shall--
[[Page H2708]]
``(i) meet annually until completion of the megaproject;
``(ii) not later than 90 days after the date of the
establishment of the peer review group and not later than 90
days after the date of any significant change, as determined
by the Secretary, to the scope, schedule, or budget of the
megaproject, review the scope, schedule, and budget of the
megaproject, including planning, engineering, financing, and
any other elements determined appropriate by the Secretary;
and
``(iii) submit to the Secretary, Congress, and such
recipient a report on the findings of each review under
clause (ii).
``(3) Transparency.--Not later than 90 days after the
submission of a report under paragraph (2)(C)(iii), the
Secretary shall publish on the website of the Department of
Transportation such report.
``(4) Megaproject defined.--In this subsection, the term
`megaproject' means a project under this title that has an
estimated total cost of $2,000,000,000 or more, and such
other projects as may be identified by the Secretary.
``(l) Special Experimental Projects.--
``(1) Public availability.--The Secretary shall publish on
the website of the Department of Transportation a copy of all
letters of interest, proposals, workplans, and reports
related to the special experimental project authority
pursuant to section 502(b). The Secretary shall redact
confidential business information, as necessary, from any
such information published.
``(2) Notification and opportunity for comment.--Not later
than 30 days before making a determination to proceed with an
experiment under a letter of interest described in paragraph
(1), the Secretary shall provide notification and an
opportunity for public comment on the letter of interest and
the Secretary's proposed response.
``(3) Report to congress.--Not later than 2 years after the
date of enactment of the INVEST in America Act, 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
report that includes--
``(A) a summary of each experiment described in this
subsection carried out over the previous 5 years; and
``(B) legislative recommendations, if any, based on the
findings of such experiments.
``(m) Competitive Grant Program Oversight and
Accountability.--
``(1) In general.--To ensure the accountability and
oversight of the discretionary grant selection process
administered by the Secretary, a covered program shall be
subject to the requirements of this section, in addition to
the requirements applicable to each covered program.
``(2) Application process.--The Secretary shall--
``(A) develop a template for applicants to use to
summarize--
``(i) project needs and benefits; and
``(ii) any factors, requirements, or considerations
established for the applicable covered program;
``(B) create a data driven process to evaluate, as set
forth in the covered program, each eligible project for which
an application is received; and
``(C) make a determination, based on the evaluation made
pursuant to subparagraph (B), on any ratings, rankings,
scores, or similar metrics for applications made to the
covered program.
``(3) Notification of congress.--Not less than 15 days
before making a grant for a covered program, the Secretary
shall notify, in writing, the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on the Environment and Public Works of the Senate
of--
``(A) the amount for each project proposed to be selected;
``(B) a description of the review process;
``(C) for each application, the determination made under
paragraph (2)(C); and
``(D) a detailed explanation of the basis for each award
proposed to be selected.
``(4) Notification of applicants.--Not later than 30 days
after making a grant for a project under a covered program,
the Secretary shall send to all applicants under such covered
program, and publish on the website of the Department of
Transportation--
``(A) a summary of each application made to the covered
program for the given round of funding; and
``(B) the evaluation and justification for the project
selection, including all ratings, rankings, scores, or
similar metrics for applications made to the covered program
for the given round of funding during each phase of the grant
selection process.
``(5) Briefing.--The Secretary shall provide, at the
request of a grant applicant of a covered program, the
opportunity to receive a briefing to explain any reasons the
grant applicant was not awarded a grant.
``(6) Template.--The Secretary shall, to the extent
practicable, develop a template as described in paragraph
(2)(A) for any discretionary program administered by the
Secretary that is not a covered program.
``(7) Covered program defined.--The term `covered program'
means each of the following discretionary grant programs:
``(A) Community climate innovation grants under section
172.
``(B) Electric vehicle charging and hydrogen fueling
infrastructure grants under section 151(f).
``(C) Federal lands and tribal major projects grants under
section 208.
``(D) Safe, efficient mobility through advanced
technologies grants under section 503(c)(4).''.
(c) Division Office Consistency.--Not later than 1 year
after the date of enactment of this Act, the Comptroller
General of the United States shall submit to Congress a
report that--
(1) analyzes the consistency of determinations among
division offices of the Federal Highway Administration; and
(2) makes recommendations to improve the consistency of
such determinations.
SEC. 1107. COMPLETE AND CONTEXT SENSITIVE STREET DESIGN.
(a) Standards.--Section 109 of title 23, United States
Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1) by striking ``planned future traffic
of the highway in a manner that is conducive to'' and
inserting ``future operational performance of the facility in
a manner that enhances''; and
(B) in paragraph (2) by inserting ``, taking into
consideration context sensitive design principles'' after
``each locality'';
(2) in subsection (b)--
(A) by striking ``The geometric'' and inserting ``Design
Criteria for the Interstate System.--The geometric''; and
(B) by striking ``the types and volumes of traffic
anticipated for such project for the twenty-year period
commencing on the date of approval by the Secretary, under
section 106 of this title, of the plans, specifications, and
estimates for actual construction of such project'' and
inserting ``the existing and future operational performance
of the facility'';
(3) in subsection (c)(1)--
(A) in subparagraph (C) by striking ``; and'' and inserting
a semicolon;
(B) in subparagraph (D) by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(E) context sensitive design principles.'';
(4) by striking subsection (o) and inserting the following:
``(o) Compliance With State Laws for Non-NHS Projects.--
``(1) In general.--Projects (other than highway projects on
the National Highway System) shall--
``(A) be designed, constructed, operated, and maintained in
accordance with State laws, regulations, directives, safety
standards, design standards, and construction standards; and
``(B) take into consideration context sensitive design
principles.
``(2) Design flexibility.--
``(A) In general.--A local jurisdiction may deviate from
the roadway design publication used by the State in which the
local jurisdiction is located for the design of a project on
a roadway (other than a highway on the National Highway
System) if--
``(i) notification and justification of the deviation is
provided to the Secretary and the State; and
``(ii) the design complies with all other applicable
Federal laws.
``(B) State-owned roads.--In the case of a roadway under
the ownership of the State, the local jurisdiction may only
deviate from the roadway design publication used by the State
with the concurrence of the State.
``(C) Programmatic basis.--The Secretary may consider a
deviation under this paragraph on a programmatic basis.'';
and
(5) by adding at the end the following:
``(s) Context Sensitive Design.--
``(1) Context sensitive design principles.--The Secretary
shall collaborate with the American Association of State
Highway Transportation Officials to ensure that any roadway
design publications approved by the Secretary under this
section provide adequate flexibility for a project sponsor to
select the appropriate design of a roadway, consistent with
context sensitive design principles.
``(2) Policies or procedures.--
``(A) In general.--Not later than 1 year after the
Secretary publishes the final guidance described in paragraph
(3), each State shall adopt policies or procedures to
evaluate the context of a proposed roadway and select the
appropriate design, consistent with context sensitive design
principles.
``(B) Local governments.--The Secretary and States shall
encourage local governments to adopt policies or procedures
described under subparagraph (A).
``(C) Considerations.--The policies or procedures developed
under this paragraph shall take into consideration the
guidance developed by the Secretary under paragraph (3).
``(3) Guidance.--
``(A) In general.--
``(i) Notice.--Not later than 1 year after the date of
enactment of this subsection, the Secretary shall publish
guidance on the official website of the Department of
Transportation on context sensitive design.
``(ii) Public review and comment.--The guidance described
in this paragraph shall be finalized following an opportunity
for public review and comment.
``(iii) Update.--The Secretary shall periodically update
the guidance described in this paragraph, including the model
policies or procedures described under subparagraph (B)(v).
``(B) Requirements.--The guidance described in this
paragraph shall--
``(i) provide best practices for States, metropolitan
planning organizations, regional transportation planning
organizations, local governments, or other project sponsors
to carry out context sensitive design principles;
``(ii) identify opportunities to modify planning, scoping,
design, and development procedures to more effectively
combine modes of transportation into integrated facilities
that meet the needs of each of such modes of transportation
in an appropriate balance;
``(iii) identify metrics to assess the context of the
facility, including surrounding land use or roadside
characteristics;
``(iv) assess the expected operational and safety
performance of alternative approaches to facility design; and
``(v) taking into consideration the findings of this
guidance, establish model policies or procedures for a State
or other project sponsor to
[[Page H2709]]
evaluate the context of a proposed facility and select the
appropriate facility design for the context.
``(C) Topics of emphasis.--In publishing the guidance
described in this paragraph, the Secretary shall emphasize--
``(i) procedures for identifying the needs of users of all
ages and abilities of a particular roadway;
``(ii) procedures for identifying the types and designs of
facilities needed to serve various modes of transportation;
``(iii) safety and other benefits provided by carrying out
context sensitive design principles;
``(iv) common barriers to carrying out context sensitive
design principles;
``(v) procedures for overcoming the most common barriers to
carrying out context sensitive design principles;
``(vi) procedures for identifying the costs associated with
carrying out context sensitive design principles;
``(vii) procedures for maximizing local cooperation in the
introduction of context sensitive design principles and
carrying out those principles; and
``(viii) procedures for assessing and modifying the
facilities and operational characteristics of existing
roadways to improve consistency with context sensitive design
principles.
``(4) Funding.--Amounts made available under sections
104(b)(6) and 505 of this title may be used for States, local
governments, metropolitan planning organizations, or regional
transportation planning organizations to adopt policies or
procedures to evaluate the context of a proposed roadway and
select the appropriate design, consistent with context
sensitive design principles.''.
(b) Conforming Amendment.--Section 1404(b) of the FAST Act
(23 U.S.C. 109 note) is repealed.
SEC. 1108. INNOVATIVE PROJECT DELIVERY FEDERAL SHARE.
(a) In General.--Section 120(c)(3)(B) of title 23, United
States Code, is amended--
(1) by striking clauses (i) and (ii) and inserting the
following:
``(i) prefabricated bridge elements and systems, innovative
materials, and other technologies to reduce bridge
construction time, extend service life, and reduce
preservation costs, as compared to conventionally designed
and constructed bridges;
``(ii) innovative construction equipment, materials,
techniques, or practices, including the use of in-place
recycling technology, digital 3-dimensional modeling
technologies, and advanced digital construction management
systems;'';
(2) by redesignating clause (vi) as clause (vii);
(3) in clause (v) by striking ``or'' at the end; and
(4) by inserting after clause (v) the following:
``(vi) innovative pavement materials that demonstrate
reductions in greenhouse gas emissions through sequestration
or innovative manufacturing processes; or''.
(b) Technical Amendment.--Section 107(a)(2) of title 23,
United States Code, is amended by striking ``subsection (c)
of''.
SEC. 1109. TRANSFERABILITY OF FEDERAL-AID HIGHWAY FUNDS.
Section 126(b) of title 23, United States Code, is
amended--
(1) in the heading by inserting ``and Programs'' after
``Set-Asides'';
(2) in paragraph (1) by striking ``and 133(d)(1)(A)'' and
inserting ``, 130, 133(d)(1)(A), 133(h), 149, and 171''; and
(3) by striking paragraph (2) and inserting the following:
``(2) Environmental programs.--With respect to an
apportionment under either paragraph (4) or paragraph (9) of
section 104(b), and notwithstanding paragraph (1), a State
may only transfer not more than 50 percent from the amount of
the apportionment of either such paragraph to the
apportionment under the other such paragraph in a fiscal
year.''.
SEC. 1110. TOLLING.
(a) Toll Roads, Bridges, Tunnels, and Ferries.--Section 129
of title 23, United States Code, is amended--
(1) in subsection (a)--
(A) by striking paragraph (1) and inserting the following:
``(1) In general.--
``(A) Authorization.--Subject to the provisions of this
section, Federal participation shall be permitted on the same
basis and in the same manner as construction of toll-free
highways is permitted under this chapter in the--
``(i) initial construction of a toll highway, bridge, or
tunnel or approach to the highway, bridge, or tunnel;
``(ii) initial construction of 1 or more lanes or other
improvements that increase capacity of a highway, bridge, or
tunnel (other than a highway on the Interstate System) and
conversion of that highway, bridge, or tunnel to a tolled
facility, if the number of toll-free lanes, excluding
auxiliary lanes, after the construction is not less than the
number of toll-free lanes, excluding auxiliary lanes, before
the construction;
``(iii) initial construction of 1 or more lanes or other
improvements that increase the capacity of a highway, bridge,
or tunnel on the Interstate System and conversion of that
highway, bridge, or tunnel to a tolled facility, if the
number of toll-free non-HOV lanes, excluding auxiliary lanes,
after such construction is not less than the number of toll-
free non-HOV lanes, excluding auxiliary lanes, before such
construction;
``(iv) reconstruction, resurfacing, restoration,
rehabilitation, or replacement of a toll highway, bridge, or
tunnel or approach to the highway, bridge, or tunnel;
``(v) reconstruction or replacement of a toll-free bridge
or tunnel and conversion of the bridge or tunnel to a toll
facility;
``(vi) reconstruction of a toll-free Federal-aid highway
(other than a highway on the Interstate System) and
conversion of the highway to a toll facility;
``(vii) reconstruction, restoration, or rehabilitation of a
highway on the Interstate System if the number of toll-free
non-HOV lanes, excluding auxiliary lanes, after
reconstruction, restoration, or rehabilitation is not less
than the number of toll-free non-HOV lanes, excluding
auxiliary lanes, before reconstruction, restoration, or
rehabilitation;
``(viii) conversion of a high occupancy vehicle lane on a
highway, bridge, or tunnel to a toll facility, subject to the
requirements of section 166; and
``(ix) preliminary studies to determine the feasibility of
a toll facility for which Federal participation is authorized
under this paragraph.
``(B) Agreement to toll.--
``(i) In general.--Before the Secretary may authorize
tolling under this subsection, the public authority with
jurisdiction over a highway, bridge, or tunnel shall enter
into an agreement with the Secretary to ensure compliance
with the requirements of this subsection.
``(ii) Applicability.--
``(I) In general.--The requirements of this subparagraph
shall apply to--
``(aa) Federal participation under subparagraph (A);
``(bb) any prior Federal participation in the facility
proposed to be tolled; and
``(cc) conversion, with or without Federal participation,
of a non-tolled lane on the National Highway System to a toll
facility under subparagraph (E).
``(II) HOV facility.--Except as otherwise provided in this
subsection or section 166, the provisions of this paragraph
shall not apply to a high occupancy vehicle facility.
``(iii) Major federal action.--Approval by the Secretary of
an agreement to toll under this paragraph shall be considered
a major Federal action under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
``(C) Agreement conditions.--Prior to entering into an
agreement to toll under subparagraph (B), the public
authority shall certify to the Secretary that--
``(i) the public authority has established procedures to
ensure the toll meets the purposes and requirements of this
subsection;
``(ii) the facility shall provide for access at no cost to
public transportation vehicles and over-the-road buses
serving the public; and
``(iii) the facility shall provide for the regional
interoperability of electronic toll collection, including
through technologies or business practices.
``(D) Consideration of impacts.--
``(i) In general.--Prior to entering into an agreement to
toll under subparagraph (B), the Secretary shall ensure the
public authority has adequately considered, including by
providing an opportunity for public comment, the following
factors within the corridor:
``(I) Congestion impacts on both the toll facility and in
the corridor or cordon (including adjacent toll-free
facilities).
``(II) In the case of a non-attainment or maintenance area,
air quality impacts.
``(III) Planned investments to improve public
transportation or other non-tolled alternatives in the
corridor.
``(IV) Environmental justice and equity impacts.
``(V) Impacts on freight movement.
``(VI) Economic impacts on businesses.
``(ii) Consideration in environmental review.--Nothing in
this subparagraph shall limit a public authority from meeting
the requirements of this subparagraph through the
environmental review process, as applicable.
``(E) Congestion pricing.--
``(i) In general.--The Secretary may authorize conversion
of a non-tolled lane on the National Highway System to a toll
facility to utilize pricing to manage the demand to use the
facility by varying the toll amount that is charged.
``(ii) Requirement.--Prior to entering into an agreement to
convert a non-tolled lane on the National Highway System to a
toll facility, the Secretary shall ensure (in addition to the
requirements under subparagraphs (B), (C), and (D)) that such
toll facility and the planned investments to improve public
transportation or other non-tolled alternatives in the
corridor are reasonably expected to improve the operation of
the cordon or corridor, as described in clauses (iii) and
(iv).
``(iii) Performance monitoring.--A public authority that
enters into an agreement to convert a non-tolled lane to a
toll facility under this subparagraph shall--
``(I) establish, monitor, and support a performance
monitoring, evaluation, and reporting program--
``(aa) for the toll facility that provides for continuous
monitoring, assessment, and reporting on the impacts that the
pricing structure may have on the operation of the facility;
and
``(bb) for the corridor or cordon that provides for
continuous monitoring, assessment, and reporting on the
impacts of congestion pricing on the operation of the
corridor or cordon;
``(II) submit to the Secretary annual reports of the
impacts described in subclause (I); and
``(III) if the facility or the corridor or cordon becomes
degraded, as described in clause (iv), submit to the
Secretary an annual update that describes the actions
proposed to bring the toll facility into compliance and the
progress made on such actions.
``(iv) Determination.--
``(I) Degraded operation.--For purposes of clause
(iii)(III), the operation of a toll facility shall be
considered to be degraded if vehicles operating on the
facility are failing to maintain a minimum average operating
speed 90 percent of the time over a consecutive 180-day
period during peak hour periods.
``(II) Degraded corridor or cordon.--For the purposes of
clause (iii)(III), a corridor or
[[Page H2710]]
cordon shall be considered to be degraded if congestion
pricing or investments to improve public transportation or
other non-tolled alternatives have not resulted in--
``(aa) an increase in person or freight throughput in the
corridor or cordon; or
``(bb) a reduction in person hours of delay in the corridor
or cordon, as determined by the Secretary.
``(III) Definition of minimum average operating speed.--In
this subparagraph, the term `minimum average operating speed'
means--
``(aa) 35 miles per hour, in the case of a toll facility
with a speed limit of 45 miles per hour or greater; and
``(bb) not more than 10 miles per hour below the speed
limit, in the case of a toll facility with a speed limit of
less than 50 miles per hour.
``(v) Maintenance of operating performance.--
``(I) In general.--Not later than 180 days after the date
on which a facility or a corridor or cordon becomes degraded
under clause (iv), the public authority with jurisdiction
over the facility shall submit to the Secretary for approval
a plan that details the actions the public authority will
take to make significant progress toward bringing the
facility or corridor or cordon into compliance with this
subparagraph.
``(II) Notice of approval or disapproval.--Not later than
60 days after the date of receipt of a plan under subclause
(I), the Secretary shall provide to the public authority a
written notice indicating whether the Secretary has approved
or disapproved the plan based on a determination of whether
the implementation of the plan will make significant progress
toward bringing the facility or corridor or cordon into
compliance with this subparagraph.
``(III) Update.--Until the date on which the Secretary
determines that the public authority has brought the facility
or corridor or cordon into compliance with this subparagraph,
the public authority shall submit annual updates that
describe--
``(aa) the actions taken to bring the facility into
compliance;
``(bb) the actions taken to bring the corridor or cordon
into compliance; and
``(cc) the progress made by those actions.
``(IV) Compliance.--If a public authority fails to bring a
facility into compliance under this subparagraph, the
Secretary may subject the public authority to appropriate
program sanctions under section 1.36 of title 23, Code of
Federal Regulations (or successor regulations), until the
performance is no longer degraded.
``(vi) Consultation of mpo.--If a toll facility authorized
under this subparagraph is located on the National Highway
System and in a metropolitan planning area established in
accordance with section 134, the public authority shall
consult with the metropolitan planning organization for the
area.
``(vii) Inclusion.--For the purposes of this paragraph, the
corridor or cordon shall include toll-free facilities that
are adjacent to the toll facility.'';
(B) in paragraph (3)--
(i) in subparagraph (A)--
(I) in clause (iv) by striking ``and'' at the end; and
(II) by striking clause (v) and inserting the following:
``(v) any project eligible under this title or chapter 53
of title 49 that improves the operation of the corridor or
cordon by increasing person or freight throughput and
reducing person hours of delay;
``(vi) toll discounts or rebates for users of the toll
facility that have no reasonable alternative transportation
method to the toll facility; and
``(vii) if the public authority certifies annually that the
tolled facility is being adequately maintained and the cordon
or corridor is not degraded under paragraph (1)(E), any
revenues remaining after funding the activities described in
clauses (i) through (vi) shall be considered surplus revenue
and may be used for any other purpose for which Federal funds
may be obligated by a State under this title or chapter 53 of
title 49.'';
(ii) by striking subparagraph (B) and inserting the
following:
``(B) Transparency.--
``(i) Annual audit.--
``(I) In general.--A public authority with jurisdiction
over a toll facility shall conduct or have an independent
auditor conduct an annual audit of toll facility records to
verify adequate maintenance and compliance with subparagraph
(A), and report the results of the audits to the Secretary.
``(II) Records.--On reasonable notice, the public authority
shall make all records of the public authority pertaining to
the toll facility available for audit by the Secretary.
``(ii) Use of revenues.--A State or public authority that
obligates amounts under clauses (v), (vi), or (vii) of
subparagraph (A) shall annually report to the Secretary a
list of activities funded with such amounts and the amount of
funding provided for each such activity.'';
(C) in paragraph (8) by striking ``as of the date of
enactment of the MAP-21, before commencing any activity
authorized'' and inserting ``, before commencing any activity
authorized'';
(D) in paragraph (9)--
(i) by striking ``bus'' and inserting ``vehicle''; and
(ii) by striking ``buses'' and inserting ``vehicles''; and
(E) by striking paragraph (10) and inserting the following:
``(10) Interoperability of electronic toll collection.--All
toll facilities on Federal-aid highways shall provide for the
regional interoperability of electronic toll collection,
including through technologies or business practices.
``(11) Noncompliance.--If the Secretary concludes that a
public authority has not complied with the requirements of
this subsection, the Secretary may require the public
authority to discontinue collecting tolls until the public
authority and the Secretary enter into an agreement for the
public authority to achieve compliance with such
requirements.
``(12) Definitions.--In this subsection, the following
definitions apply:
``(A) Federal participation.--The term `Federal
participation' means the use of funds made available under
this title.
``(B) High occupancy vehicle; hov.--The term `high
occupancy vehicle' or `HOV' means a vehicle with not fewer
than 2 occupants.
``(C) Initial construction.--
``(i) In general.--The term `initial construction' means
the construction of a highway, bridge, tunnel, or other
facility at any time before it is open to traffic.
``(ii) Exclusions.--The term `initial construction' does
not include any improvement to a highway, bridge, tunnel, or
other facility after it is open to traffic.
``(D) Over-the-road bus.--The term `over-the-road bus' has
the meaning given the term in section 301 of the Americans
with Disabilities Act of 1990 (42 U.S.C. 12181).
``(E) Public authority.--The term `public authority' means
a State, interstate compact of States, or public entity
designated by a State.
``(F) Public transportation vehicle.--The term `public
transportation vehicle' has the meaning given that term in
section 166.
``(G) Toll facility.--The term `toll facility' means a toll
highway, bridge, or tunnel or approach to the highway,
bridge, or tunnel constructed or authorized to be tolled
under this subsection.''.
(b) Repeal of Interstate System Reconstruction and
Rehabilitation Pilot Program.--Section 1216 of the
Transportation Equity Act for the 21st Century (23 U.S.C. 129
note), and the item related to such section in the table of
contents in section 1(b) of such Act, are repealed.
(c) Value Pricing Pilot Program.--Section 1012(b) of the
Intermodal Surface Transportation Efficiency Act of 1991 (23
U.S.C. 149 note) is amended by adding at the end the
following:
``(9) Sunset.--The Secretary may not consider an expression
of interest submitted under this section after the date of
enactment of this paragraph.''.
(d) Savings Clause.--
(1) Application of limitations.--Any toll facility
described in paragraph (2) shall be subject to the
requirements of section 129(a)(3) of title 23, United States
Code, as in effect on the day before the date of enactment of
this Act.
(2) Toll facilities.--A toll facility described in this
paragraph is a facility that, on the day prior to the date of
enactment of this Act, was--
(A) operating;
(B) in the planning and design phase; or
(C) in the construction phase.
(e) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation shall
submit to Congress a report on the implementation of the
interoperability of toll collection as required under section
1512(b) of MAP-21, including an assessment of the progress
in, and barriers on, such implementation.
SEC. 1111. HOV FACILITIES.
Section 166 of title 23, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (4)(C)(iii) by striking ``transportation
buses'' and inserting ``transportation vehicles''; and
(B) in paragraph (5)(B) by striking ``2019'' and inserting
``2025'';
(2) in subsection (d)(2)(A)(i) by striking ``45 miles per
hour, in the case of a HOV facility with a speed of 50 miles
per hour or greater'' and inserting ``35 miles per hour, in
the case of a HOV facility with a speed limit of 45 miles per
hour or greater'';
(3) in subsection (d)(2)(B) by striking ``morning or
evening weekday peak hour periods (or both)'' and inserting
``peak hour periods'';
(4) in subsection (e)--
(A) by striking ``Not later than 180 days after the date of
enactment of this section, the Administrator'' and inserting
``The Administrator'';
(B) in paragraph (1) by striking ``and'' at the end;
(C) in paragraph (2) by striking the period at the end and
inserting ``; and''; and
(D) by adding at the end the following:
``(3) not later than 180 days after the date of enactment
of the INVEST in America Act, update the requirements
established under paragraph (1).''; and
(5) in subsection (f)--
(A) in paragraph (1)--
(i) by striking subparagraphs (C), (D), and (F); and
(ii) by redesignating subparagraphs (E), (G), (H), and (I)
as subparagraphs (C), (D), (E), and (F), respectively; and
(B) in paragraph (6)(B)(i) by striking ``public entity''
and inserting ``public transportation service that is a
recipient or subrecipient of funds under chapter 53 of title
49''.
SEC. 1112. BUY AMERICA.
(a) In General.--Section 313 of title 23, United States
Code, is amended--
(1) in subsection (a)--
(A) by striking ``Notwithstanding'' and inserting ``In
General.--Notwithstanding'';
(B) by striking ``Secretary of Transportation'' and
inserting ``Secretary'';
(C) by striking ``the Surface Transportation Assistance Act
of 1982 (96 Stat. 2097) or''; and
(D) by striking ``and manufactured products'' and inserting
``manufactured products, and construction materials'';
(2) in subsection (b) by inserting ``Determination.--''
before ``The provisions'';
(3) in subsection (c) by striking ``For purposes'' and
inserting ``Calculation.--For purposes'';
[[Page H2711]]
(4) in subsection (d)--
(A) by striking ``The Secretary of Transportation'' and
inserting ``Requirements.--The Secretary''; and
(B) by striking ``the Surface Transportation Assistance Act
of 1982 (96 Stat. 2097) or''; and
(5) by adding at the end the following:
``(h) Waiver Procedure.--
``(1) In general.--Not later than 120 days after the
submission of a request for a waiver, the Secretary shall
make a determination under paragraph (1) or (2) of subsection
(b) as to whether subsection (a) shall apply.
``(2) Public notification and comment.--
``(A) In general.--Not later than 30 days before making a
determination regarding a waiver described in paragraph (1),
the Secretary shall provide notification and an opportunity
for public comment on the request for such waiver.
``(B) Notification requirements.--The notification required
under subparagraph (A) shall--
``(i) describe whether the application is being made for a
determination described in subsection (b)(1); and
``(ii) be provided to the public by electronic means,
including on the public website of the Department of
Transportation.
``(3) Determination.--Before a determination described in
paragraph (1) takes effect, the Secretary shall publish a
detailed justification for such determination that addresses
all public comments received under paragraph (2)--
``(A) on the public website of the Department of
Transportation; and
``(B) if the Secretary issues a waiver with respect to such
determination, in the Federal Register.
``(i) Review of Nationwide Waivers.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection, and at least every 5 years
thereafter, the Secretary shall review any standing
nationwide waiver issued by the Secretary under this section
to ensure such waiver remains justified.
``(2) Public notification and opportunity for comment.--
``(A) In general.--Not later than 30 days before the
completion of a review under paragraph (1), the Secretary
shall provide notification and an opportunity for public
comment on such review.
``(B) Means of notification.--Notification provided under
this subparagraph shall be provided by electronic means,
including on the public website of the Department of
Transportation.
``(3) Detailed justification in federal register.--After
the completion of a review under paragraph (1), the Secretary
shall publish in the Federal Register a detailed
justification for the determination made under paragraph (1)
that addresses all public comments received under paragraph
(2).
``(j) Report.--Not later than 120 days after the last day
of each fiscal year, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House
of Representatives, the Committee on Appropriations of the
House of Representatives, the Committee on Environment and
Public Works of the Senate, and the Committee on
Appropriations of the Senate a report on the waivers provided
under subsection (h) during the previous fiscal year and the
justifications for such waivers.''.
(b) SAFETEA-LU Technical Corrections Act of 2008.--Section
117 of the SAFETEA-LU Technical Corrections Act of 2008 (23
U.S.C. 313 note) is repealed.
SEC. 1113. FEDERAL-AID HIGHWAY PROJECT REQUIREMENTS.
(a) In General.--Except as otherwise provided in subsection
(b), notwithstanding any other provision of law, the
Secretary shall require recipients of assistance under title
23, United States Code, and title I of division B this Act
and the amendments made by this Act to comply with subsection
(a) of section 113 of title 23, United States Code, with
respect to all construction work, in the same manner that
recipients of assistance under chapter 1 of such title are
required to comply with such subsection for construction work
performed on highway projects on Federal-aid highways.
(b) Treatment of Certain Projects.--The Secretary shall
apply the requirements of section 1306(l) of this Act and
sections 117(k), 172(j), and 173(k) of title 23, United
States Code, to a project funded with a grant under such
sections.
SEC. 1114. 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), 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) for any State that has assumed the responsibility for
categorical exclusions under this section for at least 10
years, have a term of 5 years.''.
SEC. 1115. SURFACE TRANSPORTATION PROJECT DELIVERY PROGRAM
WRITTEN AGREEMENTS.
Section 327 of title 23, United States Code, is amended--
(1) 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.'';
(2) in subsection (g)(1)--
(A) in subparagraph (C) by striking ``annual'';
(B) in subparagraph (B) by striking ``and'' at the end;
(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 under subsection (c)(7), conduct an audit covering the
first 5 years of the agreement period; and''; and
(3) 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 a Federal agency for the
purposes of all Federal laws pursuant to which the
responsibility is exercised.''.
SEC. 1116. CORROSION PREVENTION FOR BRIDGES.
(a) Definitions.--In this section:
(1) Applicable bridge projects.--The term ``applicable
bridge projects'' means a project for construction,
alteration, or maintenance work, other than de minimus
maintenance or repair work as determined by the applicable
State department of transportation, on a bridge or overpass
structure funded under title 23, United States Code.
(2) Certified contractor.--The term ``certified
contractor'' means a contracting or subcontracting firm that
has been certified by a third party organization that
evaluates the capability of the contractor or subcontractor
to properly perform one or more specified aspects of
applicable bridge projects as defined in subsection (b)(2).
(3) Qualified training program.--The term ``qualified
training program'' means a training program in corrosion
control, mitigation and prevention, that is either offered or
accredited by an organization that sets industry corrosion
standards or is recognized in corrosion management
transportation structures by the Department of
Transportation, for the purposes of controlling, mitigating
and preventing corrosion, or a program registered under the
Act of August 16, 1937 (29 U.S.C. 50 et seq.) (commonly known
as the ``National Apprenticeship Act'') that meets the
requirements of parts 29 and 30 of title 29, Code of Federal
Regulations, as in effect on January 1, 2020.
(b) Applicable Bridge Projects.--
(1) Quality control.--A certified contractor shall carry
out aspects of an applicable bridge project described in
paragraph (2).
(2) Aspects of applicable bridge projects.--Aspects of an
applicable bridge project referred to in paragraph (1)
include--
(A) surface preparation or coating application on steel or
rebar of an applicable bridge project;
(B) removal of a lead-based or other hazardous coating from
steel of an existing applicable bridge project;
(C) shop painting of structural steel or rebar fabricated
for installation on an applicable bridge project; and
(D) the design, application, installation and maintenance
of a cathodic protection system on an applicable bridge
project.
(3) Corrosion management system.--A State transportation
department shall--
(A) implement a corrosion management system that utilizes
industry-recognized standards and corrosion mitigation and
prevention methods to address--
(i) surface preparation;
(ii) protective coatings;
(iii) materials selection;
(iv) cathodic protection;
(v) corrosion engineering;
(vi) personnel training; and
(vii) best practices in environmental protection to prevent
environmental degradation and uphold public health;
(B) require certified contractors that employ appropriately
trained and certified coating applicators to carry out
aspects of applicable bridge projects as described in
paragraph (2); and
(C) use certified cathodic protection professionals for all
aspects of applicable bridge projects that require knowledge
of the design, installation, monitoring, or maintenance of a
cathodic protection system.
(c) Training Program.--As a condition of entering into a
contract for an applicable bridge project, each certified
contractor shall provide training, through a qualified
training program, for each applicable craft or trade
classification of employees that the certified contractor
intends to employ to carry out aspects of applicable bridge
projects as described in subsection (b)(2).
SEC. 1117. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) States should utilize life-cycle cost analysis to
evaluate the total economic cost of a transportation project
over its expected lifetime; and
(2) data indicating that future repair costs associated
with a transportation project frequently total more than half
of the initial cost of the project, and that conducting life-
cycle cost analysis prior to construction will help States
identify the most cost-effective option, improve their
economic performance, and lower the total cost of building
and maintaining the project.
Subtitle B--Programmatic Infrastructure Investment
SEC. 1201. NATIONAL HIGHWAY PERFORMANCE PROGRAM.
Section 119 of title 23, United States Code, is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Purposes.--The purposes of the national highway
performance program shall be--
``(1) to provide support for the condition and performance
of the National Highway System,
[[Page H2712]]
consistent with the asset management plans of States;
``(2) to support progress toward the achievement of
performance targets of States established under section 150;
``(3) to increase the resilience of Federal-aid highways
and bridges; and
``(4) to provide support for the construction of new
facilities on the National Highway System, consistent with
subsection (d)(3).'';
(2) in subsection (d)--
(A) in paragraph (1)(A) by striking ``or freight movement
on the National Highway System'' and inserting ``freight
movement, environmental sustainability, transportation system
access, or combating climate change'';
(B) in paragraph (1)(B) by striking ``and'' at the end;
(C) in paragraph (2)--
(i) in subparagraph (G)--
(I) in clause (i) by inserting ``and'' at the end;
(II) in clause (ii) by striking ``; and'' and inserting a
period; and
(III) by striking clause (iii);
(ii) in subparagraph (I) by inserting ``, including the
installation of safety barriers and nets on bridges on the
National Highway System'' after ``National Highway System'';
and
(iii) by adding at the end the following:
``(Q) Projects on or off the National Highway System to
reduce greenhouse gas emissions that are eligible under
section 171, including the installation of electric vehicle
charging infrastructure.
``(R) Projects on or off the National Highway System to
enhance resilience of a transportation facility, including
protective features.
``(S) Projects and strategies to reduce vehicle-caused
wildlife mortality related to, or to restore and maintain
connectivity among terrestrial or aquatic habitats affected
by, a transportation facility otherwise eligible for
assistance under this section.
``(T) Projects on or off the National Highway System to
improve an evacuation route eligible under section
124(b)(1)(C).
``(U) Undergrounding public utilities in the course of
other infrastructure improvements eligible under this section
to mitigate the cost of recurring damages from extreme
weather events, wildfire or other natural disasters.''; and
(D) by adding at the end the following:
``(3) a project that is otherwise eligible under this
subsection to construct new capacity for single occupancy
passenger vehicles only if the State--
``(A) has demonstrated progress in achieving a state of
good repair, as defined in the State's asset management plan,
on the National Highway System;
``(B) demonstrates that the project--
``(i) supports the achievement of performance targets of
the State established under section 150; and
``(ii) is more cost effective, as determined by benefit-
cost analysis, than--
``(I) an operational improvement to the facility or
corridor;
``(II) the construction of a transit project eligible for
assistance under chapter 53 of title 49; or
``(III) the construction of a non-single occupancy
passenger vehicle project that improves freight movement; and
``(C) has a public plan for maintaining and operating the
new asset while continuing its progress in achieving a state
of good repair under subparagraph (A).'';
(3) in subsection (e)--
(A) in the heading by inserting ``Asset and'' after
``State'';
(B) in paragraph (4)(D) by striking ``analysis'' and
inserting ``analyses, both of which shall take into
consideration climate change adaptation and resilience;'';
and
(C) in paragraph (8) by striking ``Not later than 18 months
after the date of enactment of the MAP-21, the Secretary''
and inserting ``The Secretary''; and
(4) by adding at the end the following:
``(k) Benefit-cost Analysis.--In carrying out subsection
(d)(3)(B)(ii), the Secretary shall establish a process for
analyzing the cost and benefits of projects under such
subsection, ensuring that--
``(1) the benefit-cost analysis includes a calculation of
all the benefits addressed in the performance measures
established under section 150;
``(2) the benefit-cost analysis includes a consideration of
the total maintenance cost of an asset over the lifecycle of
the asset; and
``(3) the State demonstrates that any transportation demand
modeling used to calculate the benefit-cost analysis has a
documented record of accuracy.''.
SEC. 1202. INCREASING THE RESILIENCE OF TRANSPORTATION
ASSETS.
(a) Predisaster Mitigation Program.--
(1) In general.--Chapter 1 of title 23, United States Code,
is amended by inserting after section 123 the following:
``Sec. 124. Predisaster mitigation program
``(a) Establishment.--The Secretary shall establish and
implement a predisaster mitigation program to enhance the
resilience of the transportation system of the United States,
mitigate the impacts of covered events, and ensure the
efficient use of Federal resources.
``(b) Eligible Activities.--
``(1) In general.--Subject to paragraph (2), funds
apportioned to the State under section 104(b)(8) may be
obligated for construction activities, including construction
of natural infrastructure or protective features, and the
development of such projects and programs that help agencies
to--
``(A) increase the resilience of a surface transportation
infrastructure asset to withstand a covered event;
``(B) relocate or provide a reasonable alternative to a
repeatedly damaged facility;
``(C) for an evacuation route identified in the
vulnerability assessment required under section
134(i)(2)(I)(iii) or section 135(f)(10)(C)--
``(i) improve the capacity or operation of such evacuation
route through--
``(I) communications and intelligent transportation system
equipment and infrastructure;
``(II) counterflow measures; and
``(III) shoulders; and
``(ii) relocate such evacuation route or provide a
reasonable alternative to such evacuation route to address
the risk of a covered event; and
``(D) recover from incidents that significantly disrupt a
regions transportation system including--
``(i) predisaster training programs that help agencies and
regional stakeholders plan for and prepare multimodal
recovery efforts; and
``(ii) the establishment of regional wide telework training
and programs.
``(2) Infrastructure resilience and adaptation.--No funds
shall be obligated to a project under this section unless the
project meets each of the following criteria:
``(A) The project is designed to ensure resilience over the
anticipated service life of the surface transportation
infrastructure asset.
``(B) The project is identified in the metropolitan or
statewide transportation improvement program as a project to
address resilience vulnerabilities, consistent with section
134(j)(3)(E) or 135(g)(5)(B)(iii).
``(C) For a project in a flood-prone area, the project
sponsor considers hydrologic and hydraulic data and methods
that integrate current and projected changes in flooding
based on climate science over the anticipated service life of
the surface transportation infrastructure asset and future
forecasted land use changes.
``(3) Prioritization of projects.--A State shall develop a
process to prioritize projects under this section based on
the degree to which the proposed project would--
``(A) be cost effective;
``(B) reduce the risk of disruption to a surface
transportation infrastructure asset considered critical to
support population centers, freight movement, economic
activity, evacuation, recovery, or national security
functions; and
``(C) ease disruptions to vulnerable, at-risk, or transit-
dependant populations.
``(c) Guidance.--The Secretary shall provide guidance to
States to assist with the implementation of paragraphs (2)
and (3) of subsection (b).
``(d) Definitions.--In this section:
``(1) Covered event.--The term `covered event' means a
climate change effect (including sea level rise), an extreme
event, seismic activity, or any other natural disaster
(including a wildfire or landslide).
``(2) Surface transportation infrastructure asset.--The
term `surface transportation infrastructure asset' means a
facility eligible for assistance under this title or chapter
53 of title 49.''.
(2) Conforming 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. Predisaster mitigation program.''.
(b) Metropolitan Transportation Planning.--
(1) Amendments to title 23.--
(A) Climate change and resilience.--Section 134(i)(2) of
title 23, United States Code, is amended by adding at the end
the following:
``(I) Climate change and resilience.--
``(i) In general.--The transportation planning process
shall assess strategies to reduce the climate change impacts
of the surface transportation system and conduct a
vulnerability assessment to identify opportunities to enhance
the resilience of the surface transportation system and
ensure the efficient use of Federal resources.
``(ii) Climate change mitigation and impacts.--A long-range
transportation plan shall--
``(I) identify investments and strategies to reduce
transportation-related sources of greenhouse gas emissions
per capita;
``(II) identify investments and strategies to manage
transportation demand and increase the rates of public
transportation ridership, walking, bicycling, and carpools;
and
``(III) recommend zoning and other land use policies that
would support infill, transit-oriented development, and mixed
use development.
``(iii) Vulnerability assessment.--A long-range
transportation plan shall incorporate a vulnerability
assessment that--
``(I) includes a risk-based assessment of vulnerabilities
of critical transportation assets and systems to covered
events (as such term is defined in section 124);
``(II) considers, as applicable, the risk management
analysis in the State's asset management plan developed
pursuant to section 119, and the State's evaluation of
reasonable alternatives to repeatedly damaged facilities
conducted under part 667 of title 23, Code of Federal
Regulations;
``(III) identifies evacuation routes, assesses the ability
of any such routes to provide safe passage for evacuation and
emergency response during an emergency event, and identifies
any improvements or redundant facilities necessary to
adequately facilitate safe passage;
``(IV) describes the metropolitan planning organization's
adaptation and resilience improvement strategies that will
inform the transportation investment decisions of the
metropolitan planning organization; and
``(V) is 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).
``(iv) Consultation.--The assessment described in this
subparagraph shall be developed
[[Page H2713]]
in consultation with, as appropriate, State, local, and
Tribal officials responsible for land use, housing,
resilience, hazard mitigation, and emergency management.''.
(B) Resilience projects.--Section 134(j)(3) of title 23,
United States Code, is amended by adding at the end the
following:
``(E) Resilience projects.--The TIP shall--
``(i) identify projects that address the vulnerabilities
identified by the assessment in subsection (i)(2)(I)(iii);
and
``(ii) describe how each project identified under clause
(i) would improve the resilience of the transportation
system.''.
(2) Amendments to title 49.--
(A) Climate change and resilience.--Section 5303(i)(2) of
title 49, United States Code, is amended by adding at the end
the following:
``(I) Climate change and resilience.--
``(i) In general.--The transportation planning process
shall assess strategies to reduce the climate change impacts
of the surface transportation system and conduct a
vulnerability assessment to identify opportunities to enhance
the resilience of the surface transportation system and
ensure the efficient use of Federal resources.
``(ii) Climate change mitigation and impacts.--A long-range
transportation plan shall--
``(I) identify investments and strategies to reduce
transportation-related sources of greenhouse gas emissions
per capita;
``(II) identify investments and strategies to manage
transportation demand and increase the rates of public
transportation ridership, walking, bicycling, and carpools;
and
``(III) recommend zoning and other land use policies that
would support infill, transit-oriented development, and mixed
use development.
``(iii) Vulnerability assessment.--A long-range
transportation plan shall incorporate a vulnerability
assessment that--
``(I) includes a risk-based assessment of vulnerabilities
of critical transportation assets and systems to covered
events (as such term is defined in section 124 of title 23);
``(II) considers, as applicable, the risk management
analysis in the State's asset management plan developed
pursuant to section 119 of title 23, and the State's
evaluation of reasonable alternatives to repeatedly damaged
facilities conducted under part 667 of title 23, Code of
Federal Regulations;
``(III) identifies evacuation routes, assesses the ability
of any such routes to provide safe passage for evacuation and
emergency response during an emergency event, and identifies
any improvements or redundant facilities necessary to
adequately facilitate safe passage;
``(IV) describes the metropolitan planning organization's
adaptation and resilience improvement strategies that will
inform the transportation investment decisions of the
metropolitan planning organization; and
``(V) is 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).
``(iv) Consultation.--The assessment described in this
subparagraph shall be developed in consultation, as
appropriate, with State, local, and Tribal officials
responsible for land use, housing, resilience, hazard
mitigation, and emergency management.''.
(B) Resilience projects.--Section 5303(j)(3) of title 49,
United States Code, is amended by adding at the end the
following:
``(E) Resilience projects.--The TIP shall--
``(i) identify projects that address the vulnerabilities
identified by the assessment in subsection (i)(2)(I)(iii);
and
``(ii) describe how each project identified under clause
(i) would improve the resilience of the transportation
system.''.
(c) Statewide and Nonmetropolitan Planning.--
(1) Amendments to title 23.--
(A) Climate change and resilience.--Section 135(f) of title
23, United States Code, is amended by adding at the end the
following:
``(10) Climate change and resilience.--
``(A) In general.--The transportation planning process
shall assess strategies to reduce the climate change impacts
of the surface transportation system and conduct a
vulnerability assessment to identify opportunities to enhance
the resilience of the surface transportation system and
ensure the efficient use of Federal resources.
``(B) Climate change mitigation and impacts.--A long-range
transportation plan shall--
``(i) identify investments and strategies to reduce
transportation-related sources of greenhouse gas emissions
per capita;
``(ii) identify investments and strategies to manage
transportation demand and increase the rates of public
transportation ridership, walking, bicycling, and carpools;
and
``(iii) recommend zoning and other land use policies that
would support infill, transit-oriented development, and mixed
use development.
``(C) Vulnerability assessment.--A long-range
transportation plan shall incorporate a vulnerability
assessment that--
``(i) includes a risk-based assessment of vulnerabilities
of critical transportation assets and systems to covered
events (as such term is defined in section 124);
``(ii) considers, as applicable, the risk management
analysis in the State's asset management plan developed
pursuant to section 119, and the State's evaluation of
reasonable alternatives to repeatedly damaged facilities
conducted under part 667 of title 23, Code of Federal
Regulations;
``(iii) identifies evacuation routes, assesses the ability
of any such routes to provide safe passage for evacuation and
emergency response during an emergency event, and identifies
any improvements or redundant facilities necessary to
adequately facilitate safe passage;
``(iv) describes the States's adaptation and resilience
improvement strategies that will inform the transportation
investment decisions of the State; and
``(v) is 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).
``(D) Consultation.--The assessment described in this
subparagraph shall be developed in consultation with, as
appropriate, State, local, and Tribal officials responsible
for land use, housing, resilience, hazard mitigation, and
emergency management.''.
(B) Resilience projects.--Section 135(g)(5)(B) of title 23,
United States Code, is amended by adding at the end the
following:
``(iii) Resilience projects.--The STIP shall--
``(I) identify projects that address the vulnerabilities
identified by the assessment in subsection (i)(10)(B); and
``(II) describe how each project identified under subclause
(I) would improve the resilience of the transportation
system.''.
(2) Amendments to title 49.--
(A) Climate change and resilience.--Section 5304(f) of
title 49, United States Code, is amended by adding at the end
the following:
``(10) Climate change and resilience.--
``(A) In general.--The transportation planning process
shall assess strategies to reduce the climate change impacts
of the surface transportation system and conduct a
vulnerability assessment to identify opportunities to enhance
the resilience of the surface transportation system and
ensure the efficient use of Federal resources.
``(B) Climate change mitigation and impacts.--A long-range
transportation plan shall--
``(i) identify investments and strategies to reduce
transportation-related sources of greenhouse gas emissions
per capita;
``(ii) identify investments and strategies to manage
transportation demand and increase the rates of public
transportation ridership, walking, bicycling, and carpools;
and
``(iii) recommend zoning and other land use policies that
would support infill, transit-oriented development, and mixed
use development.
``(C) Vulnerability assessment.--A long-range
transportation plan shall incorporate a vulnerability
assessment that--
``(i) includes a risk-based assessment of vulnerabilities
of critical transportation assets and systems to covered
events (as such term is defined in section 124 of title 23);
``(ii) considers, as applicable, the risk management
analysis in the State's asset management plan developed
pursuant to section 119 of title 23, and the State's
evaluation of reasonable alternatives to repeatedly damaged
facilities conducted under part 667 of title 23, Code of
Federal Regulations;
``(iii) identifies evacuation routes, assesses the ability
of any such routes to provide safe passage for evacuation and
emergency response during an emergency event, and identifies
any improvements or redundant facilities necessary to
adequately facilitate safe passage;
``(iv) describes the State's adaptation and resilience
improvement strategies that will inform the transportation
investment decisions of the State; and
``(v) is 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).
``(D) Consultation.--The assessment described in this
subparagraph shall be developed in consultation with, as
appropriate, State, local, and Tribal officials responsible
for land use, housing, resilience, hazard mitigation, and
emergency management.''.
(B) Resilience projects.--Section 5304(g)(5)(B) of title
49, United States Code, is amended by adding at the end the
following:
``(iii) Resilience projects.--The STIP shall--
``(I) identify projects that address the vulnerabilities
identified by the assessment in subsection (i)(10)(B); and
``(II) describe how each project identified under subclause
(I) would improve the resilience of the transportation
system.''.
SEC. 1203. EMERGENCY RELIEF.
(a) In General.--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);
(3) in subsection (c)(2)(A) by striking ``in any 1 fiscal
year commencing after September 30, 1980,'' and inserting
``in any fiscal year'';
(4) in subsection (d)--
(A) in paragraph (3)(C) by striking ``subsection (e)(1)''
and inserting ``subsection (g)'';
(B) by redesignating paragraph (3) as paragraph (4); and
(C) by striking paragraphs (1) and (2) and inserting the
following:
``(1) In general.--The Secretary may expend funds from the
emergency fund authorized by this section only for the repair
or reconstruction of highways on Federal-aid highways in
accordance with this chapter.
``(2) Restrictions.--
``(A) In general.--No funds shall be expended from the
emergency fund authorized by this section unless--
``(i) an emergency has been declared by the Governor of the
State with concurrence by the Secretary, unless the President
has declared the emergency to be a major disaster for the
purposes of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.) for which
concurrence of the Secretary is not required; and
``(ii) the Secretary has received an application from the
State transportation department that
[[Page H2714]]
includes a comprehensive list of all eligible project sites
and repair costs by not later than 2 years after the natural
disaster or catastrophic failure.
``(B) Cost limitation.--The total cost of a project funded
under this section may not exceed the cost of repair or
reconstruction of a comparable facility unless the Secretary
determines that the project incorporates economically
justified betterments, including protective features to
increase the resilience of the facility.
``(3) Special rule for bridge projects.--In no case shall
funds be used under this section for the repair or
reconstruction of a bridge--
``(A) 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; or
``(B) if a construction phase of a replacement structure is
included in the approved statewide transportation improvement
program at the time of an event described in subsection
(a).'';
(5) in subsection (e)--
(A) by striking paragraph (1);
(B) in paragraph (2) by striking ``subsection (d)(1)'' and
inserting ``subsection (c)(1)''; and
(C) by redesignating paragraphs (2) and (3), as amended, as
paragraphs (1) and (2), respectively;
(6) by redesignating subsections (c) through (g), as
amended, as subsections (b) through (f), respectively; and
(7) by adding at the end the following:
``(g) Imposition of Deadline.--
``(1) In general.--Notwithstanding any other provision of
law, the Secretary may not require any project funded under
this section to advance to the construction obligation stage
before the date that is the last day of the sixth fiscal year
after the later of--
``(A) the date on which the Governor declared the
emergency, as described in subsection (d)(2)(A)(i); or
``(B) the date on which the President declared the
emergency to be a major disaster, as described in such
subsection.
``(2) Extension of deadline.--If the Secretary imposes a
deadline for advancement to the construction obligation stage
pursuant to paragraph (1), the Secretary may, upon the
request of the Governor of the State, issue an extension of
not more than 1 year to complete such advancement, and may
issue additional extensions after the expiration of any
extension, if the Secretary determines the Governor of the
State has provided suitable justification to warrant such an
extension.
``(h) Hazard Mitigation Pilot Program.--
``(1) In general.--The Secretary shall establish a hazard
mitigation pilot program for the purpose of mitigating future
hazards posed to Federal-aid highways.
``(2) Distribution of funds.--
``(A) Authorization of appropriations.--There is authorized
to be appropriated such sums as may be necessary for the
pilot program established under this subsection.
``(B) Calculation.--Every 6 months, the Secretary shall
calculate the total amount of outstanding eligible repair
costs under the emergency relief program under this section,
including the emergency relief backlog, for each State,
territory, Tribal government, or other eligible entity.
``(C) Distribution.--Any amounts made available under this
subsection shall be distributed to each State, territory,
Tribal government, or other eligible entity based on--
``(i) the ratio of the total amount of outstanding eligible
repair costs as described under subparagraph (B); bears to
``(ii) the total amounts appropriated for the purposes
described in this subsection.
``(D) Limitation.--The distribution described under
subparagraph (C) shall not exceed 5 percent of the amount
described in subparagraph (B).
``(3) Eligible activities.--Amounts made available under
this subsection shall be used for protective features or
other hazard mitigation activities that--
``(A) the Secretary determines are cost effective and that
reduce the risk of, or increase the resilience to, future
damage to existing assets as a result of natural disasters;
and
``(B) are eligible under section 124.
``(4) Report.--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 an annual report detailing--
``(A) a description of the activities carried out under the
pilot program;
``(B) an evaluation of the effectiveness of the pilot
program in meeting purposes descried in paragraph (1);
``(C) policy recommendations to improve the effectiveness
of the pilot program.
``(5) Sunset.--The authority provided under this subsection
shall terminate on October 1, 2025.
``(i) Improving the Emergency Relief Program.--Not later
than 90 days after the date of enactment of the INVEST in
America 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));
``(B) to identify procedures that States may use to
incorporate resilience into emergency relief projects; and
``(C) to encourage the use of context sensitive 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; 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; and
``(B) the costs of emergency relief projects.
``(j) Definitions.--In this section:
``(1) Comparable facility.--The term `comparable facility'
means a facility that meets the current geometric and
construction standards required for the types and volume of
traffic that the facility will carry over its design life.
``(2) Construction phase.--The term `construction phase'
means the phase of physical construction of a highway or
bridge facility that is separate from any other identified
phases, such as planning, design, or right-of-way phases, in
the State transportation improvement program.
``(3) Open to public travel.--The term `open to public
travel' means with respect to a road, that, except during
scheduled periods, extreme weather conditions, or
emergencies, the road--
``(A) is maintained;
``(B) is open to the general public; and
``(C) can accommodate travel by a standard passenger
vehicle, without restrictive gates or prohibitive signs or
regulations, other than for general traffic control or
restrictions based on size, weight, or class of registration.
``(4) Standard passenger vehicle.--The term `standard
passenger vehicle' means a vehicle with 6 inches of clearance
from the lowest point of the frame, body, suspension, or
differential to the ground.''.
(b) Conforming Amendments.--
(1) Federal lands and tribal transportation programs.--
Section 201(c)(8)(A) of title 23, United States Code, is
amended by striking ``section 125(e)'' and inserting
``section 125(g)''.
(2) Tribal transportation program.--Section 202(b)(6)(A) of
title 23, United States Code, is amended by striking
``section 125(e)'' and inserting ``section 125(d)''.
(c) Repeal.--Section 668.105(h) of title 23, Code of
Federal Regulations, is repealed.
SEC. 1204. RAILWAY CROSSINGS.
(a) In General.--Section 130 of title 23, United States
Code, is amended--
(1) in the section heading by striking ``Railway-highway
crossings'' and inserting ``Railway crossings'';
(2) in subsection (a)--
(A) by striking ``Subject to section 120 and subsection (b)
of this section, the entire'' and inserting ``In General.--
The'';
(B) by striking ``then the entire'' and inserting ``the'';
and
(C) by striking ``, subject to section 120 and subsection
(b) of this section,'';
(3) by amending subsection (b) to read as follows:
``(b) Classification.--
``(1) In general.--The construction of projects for the
elimination of hazards at railway crossings represents a
benefit to the railroad. The Secretary shall classify the
various types of projects involved in the elimination of
hazards of railway-highway crossings, and shall set for each
such classification a percentage of the total project cost
that represent the benefit to the railroad or railroads for
the purpose of determining the railroad's share of the total
project cost. The Secretary shall determine the appropriate
classification of each project.
``(2) Noncash contributions.--
``(A) In general.--Not more than 5 percent of the cost
share described in paragraph (1) may be attributable to
noncash contributions of materials and labor furnished by the
railroad in connection with the construction of such project.
``(B) Requirement.--The requirements under section 200.306
and 200.403(g) of title 2, Code of Federal Regulations (or
successor regulations), shall apply to any noncash
contributions under this subsection.
``(3) Total project cost.--For the purposes of this
subsection, the determination of the railroad's share of the
total project cost shall include environment, design, right-
of-way, utility accommodation, and construction phases of the
project.'';
(4) in subsection (c)--
(A) by striking ``Any railroad involved'' and inserting
``Benefit.--Any railroad involved'';
(B) by striking ``the net benefit'' and inserting ``the
cost associated with the benefit''; and
(C) by striking ``Such payment may consist in whole or in
part of materials and labor furnished by the railroad in
connection with the construction of such project.'';
(5) by striking subsection (e) and inserting the following:
``(e) Railway Crossings.--
``(1) Eligible activities.--Funds apportioned to a State
under section 104(b)(7) may be obligated for the following:
``(A) The elimination of hazards at railway-highway
crossings, including technology or protective upgrades.
``(B) Construction (including installation and replacement)
of protective devices at railway-highway crossings.
``(C) Infrastructure and noninfrastructure projects and
strategies to prevent or reduce suicide or trespasser
fatalities and injuries along railroad rights-of-way and at
or near railway-highway crossings.
``(D) Projects to mitigate any degradation in the level of
access from a highway-grade crossing closure.
``(E) Bicycle and pedestrian railway grade crossing
improvements, including underpasses and overpasses.
``(F) Projects eligible under section 22907(c)(5) of title
49, provided that amounts obligated under this subparagraph--
[[Page H2715]]
``(i) shall be administered by the Secretary in accordance
with such section as if such amounts were made available to
carry out such section; and
``(ii) may be used to pay up to 90 percent of the non-
Federal share of the cost of a project carried out under such
section.
``(2) Special rule.--If a State demonstrates to the
satisfaction of the Secretary that the State has met all its
needs for installation of protective devices at railway-
highway crossings, the State may use funds made available by
this section for other highway safety improvement program
purposes.'';
(6) by striking subsection (f) and inserting the following:
``(f) Federal Share.--Notwithstanding section 120, the
Federal share payable on account of any project financed with
funds made available to carry out subsection (e) shall be up
to 90 percent of the cost thereof.'';
(7) by striking subsection (g) and inserting the following:
``(g) Report.--
``(1) State report.--
``(A) In general.--Not later than 2 years after the date of
enactment of the INVEST in America Act, and at least
biennially thereafter, each State shall submit to the
Secretary a report on the progress being made to implement
the railway crossings program authorized by this section and
the effectiveness of such improvements.
``(B) Contents.--Each State report under subparagraph (A)
shall contain an assessment of the costs of the various
treatments employed and subsequent accident experience at
improved locations.
``(2) Departmental report.--
``(A) In general.--Not later than 180 days after the
deadline for the submission of a report under paragraph
(1)(A), the Secretary shall publish on the website of the
Department of Transportation a report on the progress being
made by the State in implementing projects to improve
railway-highway crossings.
``(B) Contents.--The report under subparagraph (A) shall
include--
``(i) the number of projects undertaken;
``(ii) distribution of such projects by cost range, road
system, nature of treatment, and subsequent accident
experience at improved locations;
``(iii) an analysis and evaluation of each State program;
``(iv) the identification of any State found not to be in
compliance with the schedule of improvements required by
subsection (d); and
``(v) recommendations for future implementation of the
railway crossings program.'';
(8) in subsection (j)--
(A) in the heading by inserting ``and Pedestrian'' after
``Bicycle''; and
(B) by inserting ``and pedestrian'' after ``bicycle''; and
(9) in subsection (l)--
(A) in paragraph (1) by striking ``Not later than'' and all
that follows through ``each State'' and inserting ``Not later
than 6 months after a new railway crossing becomes
operational, each State''; and
(B) in paragraph (2) by striking ``On a periodic'' and all
that follows through ``every year thereafter'' and inserting
``On or before September 30 of each year''.
(b) Clerical Amendment.--The analysis for chapter 1 of
title 23, United States Code, is amended by amending the item
relating to section 130 to read as follows:
``130. Railway crossings.''.
(c) GAO Study.--Not later than 2 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 crossing program
under section 130 of title 23, United States Code.
(d) Sense of Congress Relating to Trespasser Deaths Along
Railroad Rights-of-way.--It is the sense of Congress that the
Department of Transportation 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. 1205. SURFACE TRANSPORTATION PROGRAM.
(a) In General.--Section 133 of title 23, United States
Code, is amended--
(1) in the heading by striking ``block grant'';
(2) in subsection (a) by striking ``block grant'';
(3) in subsection (b)--
(A) by striking ``block grant'';
(B) in paragraph (4) by striking ``railway-highway grade
crossings'' and inserting ``projects eligible under section
130 and installation of safety barriers and nets on
bridges'';
(C) in paragraph (6)--
(i) by striking ``Recreational'' and inserting
``Transportation alternatives projects eligible under
subsection (h), recreational''; and
(ii) by striking ``1404 of SAFETEA-LU (23 U.S.C. 402
note)'' and inserting ``211''; and
(D) by adding at the end the following:
``(16) Protective features (including natural
infrastructure and vegetation control and clearance) to
enhance the resilience of a transportation facility otherwise
eligible for assistance under this section.
``(17) Projects to reduce greenhouse gas emissions eligible
under section 171, including the installation of electric
vehicle charging infrastructure.
``(18) Projects and strategies to reduce vehicle-caused
wildlife mortality related to, or to restore and maintain
connectivity among terrestrial or aquatic habitats affected
by, a transportation facility otherwise eligible for
assistance under this section.
``(19) A surface transportation project carried out in
accordance with the national travel and tourism
infrastructure strategic plan under section 1431(e) of the
FAST Act (49 U.S.C. 301 note).'';
(4) in subsection (c)--
(A) by striking ``block grant'' and inserting ``program'';
(B) by striking paragraph (3) and inserting the following:
``(3) for a project described in--
``(A) subsection (h); or
``(B) section 101(a)(29), as in effect on the day before
the date of enactment of the FAST Act;'';
(C) by redesignating paragraph (4) as paragraph (5); and
(D) by inserting after paragraph (3) the following:
``(4) for a project described in section 5308 of title 49;
and'';
(5) in subsection (d)--
(A) in paragraph (1)--
(i) by inserting ``each fiscal year'' after ``apportioned
to a State'';
(ii) by striking ``the reservation of'' and inserting
``setting aside''; and
(iii) in subparagraph (A)--
(I) by striking ``the percentage specified in paragraph (6)
for a fiscal year'' and inserting ``57 percent for fiscal
year 2022, 58 percent for fiscal year 2023, 59 percent for
fiscal year 2024, and 60 percent for fiscal year 2025'';
(II) in clause (i) by striking ``of over'' and inserting
``greater than''; and
(III) by striking clauses (ii) and (iii) and inserting the
following:
``(ii) in urbanized areas of the State with an urbanized
area population greater than 49,999 and less than 200,001;
``(iii) in urban areas of the State with a population
greater than 4,999 and less than 50,000; 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 coordination and consultation.--
``(A) Coordination with metropolitan planning
organizations.--For purposes of paragraph (1)(A)(ii), a State
shall--
``(i) establish a process to coordinate with all
metropolitan planning organizations in the State that
represent an urbanized area described in such paragraph; and
``(ii) describe how funds described under paragraph
(1)(A)(ii) will be allocated equitably among such urbanized
areas during the period of fiscal years 2022 through 2025.
``(B) Joint responsibility.--Each State and the Secretary
shall jointly ensure compliance with subparagraph (A).
``(C) 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.'';
(C) in the heading for paragraph (4) by striking ``over
200,000'' and inserting ``greater than 200,000'';
(D) by striking paragraph (6) and inserting the following:
``(6) Technical assistance.--
``(A) In general.--The State and all metropolitan planning
organizations in the State that represent an urbanized area
with a population of greater than 200,000 shall jointly
establish a program to improve the ability of applicants to
deliver projects under this subsection in an efficient and
expeditious manner and reduce the period of time between the
selection of the project and the obligation of funds for the
project by providing--
``(i) technical assistance and training to applicants for
projects under this subsection; and
``(ii) funding for 1 or more full-time State employee
positions to administer this subsection.
``(B) Eligible funds.--To carry out this paragraph--
``(i) a State shall set aside an amount equal to 1 percent
of the funds available under paragraph (1)(A)(i); and
``(ii) at the request of an eligible metropolitan planning
organization, the State and metropolitan planning
organization may jointly agree to use additional funds
available under paragraph (1)(A)(i).
``(C) Use of funds.--Amounts used under this paragraph may
be expended--
``(i) directly by the State; or
``(ii) through contracts with State agencies, private
entities, or nonprofit organizations.'';
(6) in subsection (e)(1)--
(A) by striking ``over 200,000'' and inserting ``greater
than 200,000''; and
(B) by striking ``2016 through 2020'' and inserting ``2022
through 2025'';
(7) by striking subsection (f) and inserting the following:
``(f) Bridges Not on Federal-Aid Highways.--
``(1) Definition of off-system bridge.--In this subsection,
the term `off-system bridge' means a bridge located on a
public road, other than a bridge on a Federal-aid highway.
``(2) Special rule.--
``(A) Set aside.--Of the amounts apportioned to a State for
each fiscal year under this section other than the amounts
described in subparagraph (C), the State shall obligate for
activities described in subsection (b)(2) (as in effect on
the day before the date of enactment of the FAST Act) for
off-system bridges an amount that is not less than 20 percent
of the amounts available to such State under this section in
fiscal year 2020, not including the amounts described in
subparagraph (C).
``(B) Reduction of expenditures.--The Secretary, after
consultation with State and local
[[Page H2716]]
officials, may reduce the requirement for expenditures for
off-system bridges under subparagraph (A) with respect to the
State if the Secretary determines that the State has
inadequate needs to justify the expenditure.
``(C) Limitations.--The following amounts shall not be used
for the purposes of meeting the requirements of subparagraph
(A):
``(i) Amounts described in section 133(d)(1)(A).
``(ii) Amounts set aside under section 133(h).
``(iii) Amounts described in section 505(a).
``(3) Credit for bridges not on federal-aid highways.--
Notwithstanding any other provision of law, with respect to
any project not on a Federal-aid highway for the replacement
of a bridge or rehabilitation of a bridge that is wholly
funded from State and local sources, is eligible for Federal
funds under this section, is certified by the State to have
been carried out in accordance with all standards applicable
to such projects under this section, and is determined by the
Secretary upon completion to be no longer a deficient
bridge--
``(A) any amount expended after the date of enactment of
this subsection from State and local sources for the project
in excess of 20 percent of the cost of construction of the
project may be credited to the non-Federal share of the cost
of other bridge projects in the State that are eligible for
Federal funds under this section; and
``(B) that crediting shall be conducted in accordance with
procedures established by the Secretary.''; and
(8) in subsection (g)(1)--
(A) by striking ``subsection (d)(1)(A)(ii) for each of
fiscal years 2016 through 2020'' and inserting ``subsection
(d)(1)(A)(iv) for each fiscal year'';
(B) by inserting ``rural'' after ``functionally classified
as''; and
(C) by inserting ``or local roads, or on critical rural
freight corridors designated under section 167(e)'' after
``minor collectors''.
(b) Clerical Amendment.--The analysis for chapter 1 of
title 23, United States Code, is amended by striking the item
relating to section 133 and inserting the following:
``133. Surface transportation program.''.
(c) Conforming Amendments.--
(1) Advance acquisition of real property.--Section 108(c)
of title 23, United States Code, is amended--
(A) in paragraph (2)(A) by striking ``block grant''; and
(B) in paragraph (3) by striking ``block grant''.
(2) Public transportation.--Section 142(e)(2) of title 23,
United States Code, is amended by striking ``block grant''.
(3) Highway use tax evasion projects.--Section 143(b)(8) of
title 23, United States Code, is amended in the heading by
striking ``block grant''.
(4) Congestion mitigation and air quality improvement
program.--Section 149(d) of title 23, United States Code, is
amended--
(A) in paragraph (1)(B) by striking ``block grant''; and
(B) in paragraph (2)(A) by striking ``block grant''.
(5) Territorial and puerto rico highway program.--Section
165 of title 23, United States Code, is amended--
(A) in subsection (b)(2)(A)(ii) by striking ``block grant''
each time such term appears; and
(B) in subsection (c)(6)(A)(i) by striking ``block grant''.
(6) Magnetic levitation transportation technology
deployment program.--Section 322(h)(3) of title 23, United
States Code, is amended by striking ``block grant''.
(7) Training and education.--Section 504(a)(4) of title 23,
United States Code, is amended by striking ``block grant''.
SEC. 1206. TRANSPORTATION ALTERNATIVES PROGRAM.
Section 133(h) of title 23, United States Code, is amended
to read as follows:
``(h) Transportation Alternatives Program Set-Aside.--
``(1) Set aside.--For each fiscal year, of the total funds
apportioned to all States under section 104(b)(2) for a
fiscal year, the Secretary shall set aside an amount such
that--
``(A) the Secretary sets aside a total amount under this
subsection for a fiscal year equal to 10 percent of such
total funds; and
``(B) the State's share of the amount set aside under
subparagraph (A) is determined by multiplying the amount set
aside under subparagraph (A) by the ratio that--
``(i) the amount apportioned to the State for the
transportation enhancement program for fiscal year 2009 under
section 133(d)(2), as in effect on the day before the date of
enactment of MAP-21; bears to
``(ii) the total amount of funds apportioned to all States
for the transportation enhancements program for fiscal year
2009.
``(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
subsections (d) and (e), except that, for purposes of this
paragraph (after funds are made available under paragraph
(5))--
``(i) for each fiscal year, the percentage referred to in
paragraph (1)(A) of subsection (d) shall be deemed to be 66
percent; and
``(ii) paragraph (3) of subsection (d) shall not apply.
``(B) Local control.--
``(i) In general.--A State may make available up to 100
percent of the funds set aside under paragraph (1) to the
entities described in subclause (I) if the State submits to
the Secretary, and the Secretary approves, a plan that
describes--
``(I) how such funds shall be made available to
metropolitan planning organizations, regional transportation
planning organizations, counties, or other regional
transportation authorities;
``(II) how the entities described in subclause (I) shall
select projects for funding and how such entities shall
report selected projects to the State;
``(III) the legal, financial, and technical capacity of
such entities; and
``(IV) the procedures in place to ensure such entities
comply with the requirements of this title.
``(ii) Requirement.--A State that makes funding available
under a plan approved under this subparagraph shall make
available an equivalent amount of obligation authority to an
entity described in clause (i)(I) to whom funds are made
available under this subparagraph.
``(3) Eligible projects.--Funds set aside under this
subsection may be obligated for any of the following projects
or activities:
``(A) Construction, planning, and design of on-road and
off-road trail facilities for pedestrians, bicyclists, and
other nonmotorized forms of transportation, including
sidewalks, bicycle infrastructure, pedestrian and bicycle
signals, traffic calming techniques, lighting and other
safety-related infrastructure, and transportation projects to
achieve compliance with the Americans with Disabilities Act
of 1990 (42 U.S.C. 12101 et seq.).
``(B) Construction, planning, and design of infrastructure-
related projects and systems that will provide safe routes
for nondrivers, including children, older adults, and
individuals with disabilities to access daily needs.
``(C) Conversion and use of abandoned railroad corridors
for trails for pedestrians, bicyclists, or other nonmotorized
transportation users.
``(D) Construction of turnouts, overlooks, and viewing
areas.
``(E) Community improvement activities, including--
``(i) inventory, control, or removal of outdoor
advertising;
``(ii) historic preservation and rehabilitation of historic
transportation facilities;
``(iii) vegetation management practices in transportation
rights-of-way to improve roadway safety, prevent against
invasive species, facilitate wildfire control, and provide
erosion control; and
``(iv) archaeological activities relating to impacts from
implementation of a transportation project eligible under
this title.
``(F) Any environmental mitigation activity, including
pollution prevention and pollution abatement activities and
mitigation to address stormwater management, control, and
water pollution prevention or abatement related to highway
construction or due to highway runoff, including activities
described in sections 328(a) and 329.
``(G) Projects and strategies to reduce vehicle-caused
wildlife mortality related to, or to restore and maintain
connectivity among terrestrial or aquatic habitats affected
by, a transportation facility otherwise eligible for
assistance under this subsection.
``(H) The recreational trails program under section 206.
``(I) The safe routes to school program under section 211.
``(J) Activities in furtherance of a vulnerable road user
assessment described in section 148.
``(K) Any other projects or activities described in section
101(a)(29) or section 213, as such sections were in effect on
the day before the date of enactment of the FAST Act (Public
Law 114-94).
``(4) Access to funds.--
``(A) In general.--A State, metropolitan planning
organization required to obligate funds in accordance with
paragraph (2)(A), or an entity required to obligate funds in
accordance with paragraph (2)(B) shall develop a competitive
process to allow eligible entities to submit projects for
funding that achieve the objectives of this subsection. A
metropolitan planning organization for an area described in
subsection (d)(1)(A)(i) shall select projects under such
process in consultation with the relevant State.
``(B) Eligible entity defined.--In this paragraph, the term
`eligible entity' means--
``(i) a local government, including a county or multi-
county special district;
``(ii) a regional transportation authority;
``(iii) a transit agency;
``(iv) a natural resource or public land agency;
``(v) a school district, local education agency, or school;
``(vi) a tribal government;
``(vii) a metropolitan planning organization that serves an
urbanized area with a population of 200,000 or fewer;
``(viii) a nonprofit organization carrying out activities
related to transportation;
``(ix) any other local or regional governmental entity with
responsibility for or oversight of transportation or
recreational trails (other than a metropolitan planning
organization that serves an urbanized area with a population
of over 200,000 or a State agency) that the State determines
to be eligible, consistent with the goals of this subsection;
and
``(x) a State, at the request of any entity listed in
clauses (i) through (ix).
``(5) Continuation of certain recreational trails
projects.--
``(A) In general.--For each fiscal year, a State shall--
``(i) obligate an amount of funds set aside under this
subsection equal to 175 percent of the amount of the funds
apportioned to the State for fiscal year 2009 under section
104(h)(2), as in effect on the day before the date of
enactment of MAP-21, for projects relating to recreational
trails under section 206;
``(ii) return 1 percent of the funds described in clause
(i) to the Secretary for the administration of such program;
and
``(iii) comply with the provisions of the administration of
the recreational trails program
[[Page H2717]]
under section 206, including the use of apportioned funds
described in subsection (d)(3)(A) of such section.
``(B) State flexibility.--A State may opt out of the
recreational trails program under this paragraph if the
Governor of the State notifies the Secretary not later than
30 days prior to the date on which an apportionment is made
under section 104 for any fiscal year.
``(6) Improving accessibility and efficiency.--
``(A) 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.
``(B) Use of funds.--Amounts used under subparagraph (A)
may be expended--
``(i) directly by the State; or
``(ii) through contracts with State agencies, private
entities, or nonprofit entities.
``(7) Federal share.--
``(A) Flexible match.--
``(i) In general.--Notwithstanding section 120--
``(I) the non-Federal share for a project under this
subsection may be calculated on a project, multiple-project,
or program basis; and
``(II) the Federal share of the cost of an individual
project in this subsection may be up to 100 percent.
``(ii) 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 non-Federal share
authorized for the State under section 120(b).
``(iii) Requirement.--This subparagraph shall only apply to
a State if such State has adequate financial controls, as
certified by the Secretary, to account for the average annual
non-Federal share under this subparagraph.
``(B) Safety projects.--Notwithstanding section 120, 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 a project described in section 148(e)(1); and
``(ii) is consistent with the State strategic highway
safety plan (as defined in section 148(a)).
``(8) Flexibility.--
``(A) State authority.--
``(i) In general.--A State may use not more than 50 percent
of the funds set aside under this subsection that are
available for obligation in any area of the State
(suballocated consistent with the requirements of subsection
(d)(1)(B)) for any purpose eligible under subsection (b).
``(ii) Restriction.--Funds may be used as described in
clause (i) only if the State demonstrates to the Secretary--
``(I) that the State held a competition in compliance with
the requirements of this subsection in such form as the
Secretary determines appropriate;
``(II) that the State offered technical assistance to all
eligible entities and provided such assistance upon request
by an eligible entity; and
``(III) that there were not sufficient suitable
applications from eligible entities to use the funds
described in clause (i).
``(B) MPO authority.--
``(i) In general.--A metropolitan planning organization
that represents an urbanized area with a population of
greater than 200,000 may use not more than 50 percent of the
funds set aside under this subsection for an urbanized area
described in subsection (d)(1)(A)(i) for any purpose eligible
under subsection (b).
``(ii) Restriction.--Funds may be used as described in
clause (i) only if the Secretary certifies that the
metropolitan planning organization--
``(I) held a competition in compliance with the
requirements of this subsection in such form as the Secretary
determines appropriate; and
``(II) demonstrates that there were not sufficient suitable
applications from eligible entities to use the funds
described in clause (i).
``(9) Annual reports.--
``(A) In general.--Each State or metropolitan planning
organization responsible for carrying out the requirements of
this subsection shall submit to the Secretary an annual
report that describes--
``(i) the number of project applications received for each
fiscal year, including--
``(I) the aggregate cost of the projects for which
applications are received; and
``(II) the types of projects to be carried out, expressed
as percentages of the total apportionment of the State under
this subsection; and
``(ii) the list of each project selected for funding for
each fiscal year, including specifying the fiscal year for
which the project was selected, the fiscal year in which the
project is anticipated to be funded, the recipient, the
location, the type, and a brief description.
``(B) Public availability.--The Secretary shall make
available to the public, in a user-friendly format on the
website of the Department of Transportation, a copy of each
annual report submitted under subparagraph (A).''.
SEC. 1207. BRIDGE INVESTMENT.
(a) In General.--Section 144 of title 23, United States
Code, is amended--
(1) in the section heading by striking ``National bridge
and tunnel inventory and inspection standards'' and inserting
``Bridges and tunnels'';
(2) in subsection (a)(1)(B) by striking ``deficient'';
(3) in subsection (b)(5) by striking ``structurally
deficient bridge'' and inserting ``bridge classified as in
poor condition'';
(4) in subsection (d)--
(A) in paragraph (2) by striking ``Not later than 2 years
after the date of enactment of the MAP-21, each'' and
inserting ``Each''; and
(B) by striking paragraph (4);
(5) in subsection (j)--
(A) in paragraph (2) by inserting ``, 124,'' after
``section 119'';
(B) in paragraph (3)(A) by inserting ``, 124,'' after
``section 119''; and
(C) in paragraph (5) by striking ``financial
characteristics'' and all that follows through the end and
inserting ``Federal share.''; and
(6) by adding at the end the following:
``(l) Highway Bridge Replacement and Rehabilitation.--
``(1) Goals.--The goals of this subsection shall be to--
``(A) support the achievement of a state of good repair for
the Nation's bridges;
``(B) improve the safety, efficiency, and reliability of
the movement of people and freight over bridges; and
``(C) 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;
``(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;
``(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.
``(2) Bridges on public roads.--
``(A) Minimum bridge investment.--Excluding the amounts
described in subparagraph (C), of the total funds apportioned
to a State under paragraphs (1) and (2) of section 104(b) for
fiscal years 2022 to 2025, a State shall obligate not less
than 20 percent for projects described in subparagraph (E).
``(B) Program flexibility.--A State required to obligate
funds under subparagraph (A) may use any combination of funds
apportioned to a State under paragraphs (1) and (2) of
section 104(b).
``(C) Limitation.--Amounts described below may not be used
for the purposes of calculating or meeting the minimum bridge
investment requirement under subparagraph (A)--
``(i) amounts described in section 133(d)(1)(A);
``(ii) amounts set aside under section 133(h); and
``(iii) amounts described in section 505(a).
``(D) Rule of construction.--Nothing in this section shall
be construed to prohibit the expenditure of funds described
in subparagraph (C) for bridge projects eligible under such
section.
``(E) Eligible projects.--Funds required to be obligated in
accordance with paragraph (2)(A) may be obligated for
projects or activities that--
``(i) are otherwise eligible under either section 119 or
section 133, as applicable;
``(ii) support the achievement of performance targets of
the State established under section 150 or provide support
for the condition and performance of bridges on public roads
within the State; and
``(iii) remove a bridge classified as in poor condition in
order to improve community connectivity, or replace,
reconstruct, rehabilitate, preserve, or protect a bridge
included on the national bridge inventory authorized by
subsection (b), including through--
``(I) seismic retrofits;
``(II) systematic preventive maintenance;
``(III) installation of scour countermeasures;
``(IV) the use of innovative materials that extend the
service life of the bridge and reduce preservation costs, as
compared to conventionally designed and constructed bridges;
``(V) the use of nontraditional production techniques,
including factory prefabrication;
``(VI) painting for purposes of bridge protection;
``(VII) application of calcium magnesium acetate, sodium
acetate/formate, or other environmentally acceptable,
minimally corrosive anti-icing and deicing compositions;
``(VIII) corrosion control;
``(IX) construction of protective features (including
natural infrastructure) alone or in combination with other
activities eligible under this paragraph to enhance
resilience of a bridge;
``(X) bridge security countermeasures;
``(XI) impact protection measures for bridges;
``(XII) inspection and evaluation of bridges; and
``(XIII) training for bridge inspectors consistent with
subsection (i).
``(F) Bundles of projects.--A State may use a bundle of
projects as described in subsection (j) to satisfy the
requirements of subparagraph (A), if each project in the
bundle is otherwise eligible under subparagraph (E).
``(G) Flexibility.--The Secretary may, at the request of a
State, reduce the required obligation under subparagraph (A)
if--
``(i) the reduction is consistent with a State's asset
management plan for the National Highway System;
[[Page H2718]]
``(ii) the reduction will not limit a State's ability to
meet its performance targets under section 150 or to improve
the condition and performance of bridges on public roads
within the State; and
``(iii) the State demonstrates that it has inadequate needs
to justify the expenditure.
``(H) Bridge investment report.--The Secretary shall
annually publish on the website of the Department of
Transportation a bridge investment report that includes--
``(i) the total Federal funding obligated for bridge
projects in the most recent fiscal year, on a State-by-State
basis and broken out by Federal program;
``(ii) the total Federal funding obligated, on a State-by-
State basis and broken out by Federal program, for bridge
projects carried out pursuant to the minimum bridge
investment requirements under subparagraph (A);
``(iii) the progress made by each State toward meeting the
minimum bridge investment requirement under subparagraph (A)
for such State, both cumulatively and for the most recent
fiscal year;
``(iv) a summary of--
``(I) each request made under subparagraph (G) by a State
for a reduction in the minimum bridge investment requirement
under subparagraph (A); and
``(II) for each request described in subclause (I) that is
granted by the Secretary--
``(aa) the percentage and dollar amount of the reduction;
and
``(bb) an explanation of how the State met each of the
criteria described in subparagraph (G); and
``(v) a summary of--
``(I) each request made by a State for a reduction in the
obligation requirements under section 133(f); and
``(II) for each request that is granted by the Secretary--
``(aa) the percentage and dollar amount of the reduction;
and
``(bb) an explanation of how the Secretary made the
determination under section 133(f)(2)(B).
``(I) Off-system bridges.--A State may apply amounts
obligated under this subsection or section 133(f)(2)(A) to
the obligation requirements of both this subsection and
section 133(f).
``(J) NHS penalty.--A State may apply amounts obligated
under this subsection or section 119(f)(2) to the obligation
requirements of both this subsection and section 119(f)(2).
``(K) Compliance.--If a State fails to satisfy the
requirements of subparagraph (A) by the end of fiscal year
2025, the Secretary may subject the State to appropriate
program sanctions under section 1.36 of title 23, 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 144 and inserting the following:
``144. Bridges and tunnels.''.
SEC. 1208. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL
FACILITIES.
Section 147 of title 23, United States Code, is amended--
(1) by striking subsection (h); and
(2) by redesignating subsections (i) and (j) as subsections
(h) and (i), respectively.
SEC. 1209. 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) by striking ``only includes a project'' and inserting
``includes a project'';
(ii) in clause (xiii) by inserting ``, including the
development of a vulnerable road user safety assessment or a
vision zero plan under section 1601 of the INVEST in America
Act'' after ``safety planning'';
(iii) by amending clause (xviii) to read as follows:
``(xviii) Safe routes to school infrastructure-related
projects eligible under section 211.'';
(iv) in clause (xxvi) by inserting ``or leading pedestrian
intervals'' after ``hybrid beacons''; and
(v) by striking clause (xxviii) and inserting the
following:
``(xxviii) A pedestrian security feature designed to slow
or stop a motor vehicle.
``(xxix) Installation of infrastructure improvements,
including sidewalks, crosswalks, signage, and bus stop
shelters or protected waiting areas.'';
(B) in paragraph (11)--
(i) in subparagraph (A)--
(I) in clause (ix) by striking ``and'' at the end;
(II) by redesignating clause (x) as clause (xi); and
(III) by inserting after clause (ix) the following:
``(x) State or local representatives of educational
agencies to address safe routes to school and schoolbus
safety; and'';
(ii) in subparagraph (E) by inserting ``Tribal,'' after
``State,'';
(iii) by redesignating subparagraphs (G), (H), and (I) as
subparagraphs (H), (I), and (J), respectively; and
(iv) by inserting after subparagraph (F) the following:
``(G) includes a vulnerable road user safety assessment
described under paragraph (16);'';
(C) by redesignating paragraphs (10), (11), and (12) as
paragraphs (12), (13), and (14), respectively;
(D) by inserting after paragraph (9) the following:
``(10) Safe system approach.--The term `safe system
approach' means a roadway design that emphasizes minimizing
the risk of injury or fatality to road users and that--
``(A) takes into consideration the possibility and
likelihood of human error;
``(B) accommodates human injury tolerance by taking into
consideration likely crash types, resulting impact forces,
and the human body's ability to withstand such forces; and
``(C) takes into consideration vulnerable road users.
``(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 under section 211(e)(2).''; and
(E) 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
regulation); or
``(B) described in the term `number of non-motorized
serious injuries' in such section.
``(16) Vulnerable road user safety assessment.--The term
`vulnerable road user safety assessment' means an assessment
of the safety performance of the State or a metropolitan
planning organization within the State with respect to
vulnerable road users and the plan of the State or
metropolitan planning organization to improve the safety of
vulnerable road users described in subsection (l).'';
(2) in subsection (c)--
(A) in paragraph (1) by striking ``(a)(11)'' and inserting
``(a)(13)''; and
(B) in paragraph (2)--
(i) in subparagraph (A)(vi) by inserting ``, consistent
with the vulnerable road user safety assessment'' after
``nonmotorized crashes'';
(ii) in subparagraph (B)(i)--
(I) by inserting ``, consistent with a safe system
approach,'' after ``identify'';
(II) by inserting ``excessive design speeds and speed
limits,'' after ``crossing needs,''; and
(III) by striking ``motorists (including motorcyclists),
bicyclists, pedestrians, and other highway users'' and
inserting ``road users''; and
(iii) in subparagraph (D)(iii) by striking ``motorists
(including motorcyclists), bicyclists, pedestrians, persons
with disabilities, and other highway users'' and inserting
``road users'';
(3) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (A) by striking ``Not later than 1 year
after the date of enactment of the MAP-21, the'' and
inserting ``The''; and
(ii) in subparagraph (B)--
(I) in clause (iv) by inserting ``and serious injury''
after ``fatality'';
(II) in clause (vii) by striking ``; and'' and inserting a
semicolon;
(III) by redesignating clause (viii) as clause (ix); and
(IV) by inserting after clause (vii) the following:
``(viii) the findings of a vulnerable road user safety
assessment of the State; and''; and
(B) in paragraph (2)(B)(i) by striking ``subsection
(a)(11)'' and inserting ``subsection (a)(13)'';
(4) in subsection (e)--
(A) in paragraph (1)(C) by striking ``, without regard to
whether the project is included in an applicable State
strategic highway safety plan''; and
(B) 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 statutory construction.--Nothing in this
paragraph shall be construed to require 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 funded under this paragraph
shall be subject to all requirements under this section that
apply to a highway safety improvement project.
``(ii) Other apportioned programs.--Subparagraph (A) shall
not apply to amounts that may be obligated for
noninfrastructure projects apportioned under any other
paragraph of section 104(b).'';
(5) in subsection (g)--
(A) by amending paragraph (1) to read as follows:
``(1) High-risk rural road safety.--
``(A) In general.--If a State determines that the fatality
rate on rural roads in such State for the most recent 2-year
period for which data are available exceeds the median
fatality rate for rural roads among all States, that State
shall be required to--
``(i) obligate over the 2 fiscal years following the fiscal
year in which such determination is made for projects on
high-risk rural roads an amount not less than 7.5 percent of
the amounts apportioned to the State under section 104(b)(3)
for fiscal year 2020; and
``(ii) include, in the subsequent update to the State
strategic highway safety plan, strategies to reduce the
fatality rate.
[[Page H2719]]
``(B) Source of funds.--Any amounts obligated under
subparagraph (A) shall be from amounts described under
section 133(d)(1)(B).
``(C) Annual determination.--The determination described
under subparagraph (A) shall be made on an annual basis.
``(D) Consultation.--In carrying out a project with an
amount obligated under subparagraph (A), a State shall
consult with, as applicable, local governments, metropolitan
planning organizations, and regional transportation planning
organizations.'';
(B) in paragraph (2)--
(i) in the heading by striking ``drivers'' and inserting
``road users''; and
(ii) by striking ``address the increases in'' and inserting
``reduce''; and
(C) by adding at the end the following:
``(3) Vulnerable road user safety.--
``(A) In general.--Beginning on the date of enactment of
the INVEST in America Act, if a State determines that the
number of vulnerable road user fatalities and serious
injuries per capita in such State over the most recent 2-year
period for which data are available exceeds the median number
of such fatalities and serious injuries per capita among all
States, that State shall be required to obligate over the 2
fiscal years following the fiscal year in which such
determination is made an amount that is not less than 50
percent of the amount set aside in such State under section
133(h)(1) for fiscal year 2020, less any amounts obligated by
a metropolitan planning organization in the State as required
by subparagraph (D), for--
``(i) in the first fiscal year--
``(I) performing the vulnerable user safety assessment as
prescribed by subsection (l);
``(II) providing matching funds for transportation
alternatives safety project as identified in section
133(h)(7)(B); and
``(III) projects eligible under section 133(h)(3)(A), (B),
(C), or (I); and
``(ii) in each fiscal year thereafter, the program of
projects identified in subsection (l)(2)(C).
``(B) Source of funds.--Any amounts obligated under
subparagraph (A) shall be from amounts described in section
133(d)(1)(B).
``(C) Annual determination.--The determination described
under subparagraph (A) shall be made on an annual basis.
``(D) Metropolitan planning area with excessive fatalities
and serious injuries per capita.--
``(i) Annual determination.--Beginning on the date of
enactment of the INVEST in America Act, a metropolitan
planning organization representing an urbanized area with a
population greater than 200,000 shall annually determine the
number of vulnerable user road fatalities and serious
injuries per capita in such area over the most recent 2-year
period.
``(ii) Requirement to obligate funds.--If such a
metropolitan planning area organization determines that the
number of vulnerable user road fatalities and serious
injuries per capita in such area over the most recent 2-year
period for which data are available exceeds the median number
of such fatalities and serious injuries among all urbanized
areas with a population of over 200,000, then there shall be
obligated over the 2 fiscal years following the fiscal year
in which such determination is made an amount that is not
less than 50 percent of the amount set aside for that
urbanized area under section 133(h)(2) for fiscal year 2020
for projects identified in the program of projects described
in subsection (l)(7)(C).
``(E) Source of funds.--
``(i) Metropolitan planning organization in state required
to obligate funds.--For a metropolitan planning organization
in a State required to obligate funds to vulnerable user
safety under subparagraph (A), the State shall be required to
obligate from such amounts required to be obligated for
vulnerable road user safety under subparagraph (B) for
projects described in subsection (l)(7).
``(ii) Other metropolitan planning organizations.--For a
metropolitan planning organization that is not located within
a State required to obligate funds to vulnerable user safety
under subparagraph (A), the State shall be required to
obligate from amounts apportioned under section 104(b)(3) for
projects described in subsection (l)(7).'';
(6) in subsection (h)(1)(A) by inserting ``, including any
efforts to reduce vehicle speed'' after ``under this
section''; and
(7) by adding at the end the following:
``(l) Vulnerable Road User Safety Assessment.--
``(1) In general.--Not later than 1 year after date of
enactment of the INVEST in America Act, each State shall
create a vulnerable road user safety assessment.
``(2) Contents.--A vulnerable road user safety assessment
required under paragraph (1) shall include--
``(A) a description of the location within the State of
each vulnerable road user fatality and serious injury and the
design speed of the roadway at any such location;
``(B) a description of any corridors identified by a State,
in coordination with local governments, metropolitan planning
organizations, and regional transportation planning
organizations that pose a high risk of a vulnerable road user
fatality or serious injury and the design speeds of such
corridors; and
``(C) a program of projects or strategies to reduce safety
risks to vulnerable road users in corridors identified under
subparagraph (B), in coordination with local governments,
metropolitan planning organizations, and regional
transportation planning organizations that represent a high-
risk area identified under subparagraph (B).
``(3) Analysis.--In creating a vulnerable road user safety
assessment under this subsection, a State shall assess the
last 5 years of available data.
``(4) Requirements.--In creating a vulnerable road user
safety assessment under this subsection, a State shall--
``(A) take into consideration a safe system approach; and
``(B) coordinate with local governments, metropolitan
planning organizations, and regional transportation planning
organizations that represent a high-risk area identified
under paragraph (2)(B).
``(5) Update.--A State shall update a vulnerable road user
safety assessment on the same schedule as the State updates
the State strategic highway safety plan.
``(6) Transportation system access.--The program of
projects developed under paragraph (2)(C) may not degrade
transportation system access for vulnerable road users.
``(7) Metropolitan planning area assessments.--A
metropolitan planning organization that represents an
urbanized area with a population greater than 200,000 shall
complete a vulnerable user safety assessment based on the
most recent 5 years of available data, unless an assessment
was completed in the previous five years, including
``(A) a description of the location within the urbanized
area of each vulnerable road user fatality and serious injury
and the design speed of the roadway at any such location;
``(B) a description of any corridors that represent a high-
risk area identified under paragraph (2)(B) that pose a high
risk of a vulnerable road user fatality or serious injury and
the design speeds of such corridors; and
``(C) a program of projects or strategies to reduce safety
risks to vulnerable road users in corridors identified under
subparagraph (B).''.
(b) Technical Amendment.--Section 148 of title 23, United
States Code, is amended--
(1) in the heading for subsection (a)(8) by striking ``Road
users'' and inserting ``Road user''; and
(2) in subsection (i)(2)(D) by striking ``safety safety''
and inserting ``safety''.
(c) High-risk Rural Roads.--
(1) Study.--Not later than 2 years after the date of
enactment of this Act, the Secretary of Transportation shall
update the study described in paragraph (1) of section
1112(b) of MAP-21 (23 U.S.C. 148 note).
(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
updated report of the report described in paragraph (2) of
section 1112(b) of MAP-21 (23 U.S.C. 148 note).
(3) Best practices manual.--Not later than 180 days after
the date of submission of the report described in 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).
SEC. 1210. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT
PROGRAM.
Section 149 of title 23, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (1)(A)(ii) by striking ``subsection (h)''
and inserting ``subsection (i)'';
(B) in paragraph (7) by inserting ``shared micromobility
(including bikesharing and shared scooter systems),'' after
``carsharing,'';
(C) in paragraph (8)(B) by striking ``; or'' and inserting
a semicolon;
(D) in paragraph (9) by striking the period and inserting
``; or''; and
(E) by adding at the end the following:
``(10) if the project or program mitigates seasonal or
temporary traffic congestion from long-haul travel or
tourism.'';
(2) in subsection (c)--
(A) in paragraph (2)--
(i) in the heading by inserting ``, hydrogen vehicle,''
after ``Electric vehicle'';
(ii) by inserting ``hydrogen or'' after ``charging stations
or''; and
(iii) by inserting ``, hydrogen-powered,'' after ``battery
powered''; and
(B) in paragraph (3) by inserting ``, and is consistent
with section 166'' after ``travel times''; and
(3) by striking subsection (m) and inserting the following:
``(m) Operating Assistance.--
``(1) Projects.--A State may obligate funds apportioned
under section 104(b)(4) in an area of such State that is
otherwise eligible for obligations of such funds for
operating costs under chapter 53 of title 49 or on a system
for which CMAQ funding was made available, obligated, or
expended in fiscal year 2012, or, notwithstanding subsection
(b), on a State-supported Amtrak route with a cost-sharing
agreement under section 209 of the Passenger Rail Investment
and Improvement Act of 2008 or alternative cost allocation
under section 24712(g)(3) of title 49.
``(2) Time limitation.--In determining the amount of time
for which a State may obligate funds under paragraph (1) for
operating assistance for an area of a State or on a system,
the Secretary shall allow such obligations to occur, in such
area or on such system--
``(A) with a time limitation of not less than 3 years; and
``(B) in the case of projects that demonstrate continued
net air quality benefits beyond 3 years, as determined
annually by the Secretary in consultation with the
Administrator of the Environmental Protection Agency, with no
imposed time limitation.''.
SEC. 1211. ELECTRIC VEHICLE CHARGING STATIONS.
(a) Electric Vehicle Charging Stations.--Chapter 1 of title
23, United States Code, is amended by inserting after section
154 the following new section:
``Sec. 155. Electric vehicle charging stations
``(a) In General.--Any electric vehicle charging
infrastructure funded under this title shall be subject to
the requirements of this section.
[[Page H2720]]
``(b) Interoperability.--
``(1) In general.--Electric vehicle charging stations
funded under this title shall provide, at a minimum, two of
the following charging connector types at the location:
``(A) CCS.
``(B) CHAdeMO.
``(C) An alternative connector that meets applicable
industry safety standards
``(2) Savings clause.--Nothing in this subsection shall
prevent the use of charging types other than the connectors
described in paragraph (1) if, at a minimum, such connectors
meet applicable industry safety standards and are compatible
with a majority of electric vehicles in operation.
``(c) Open Access to Payment.--Electric vehicle charging
stations shall provide payment methods available to all
members of the public to ensure secure, convenient, and equal
access and shall not be limited by membership to a particular
payment provider.
``(d) Treatment of Projects.--Notwithstanding any other
provision of law, any project to install electric vehicle
charging infrastructure shall be treated as if the project is
located on a Federal-aid highway.''.
(b) Clerical Amendment.--The analysis for chapter 1 of
title 23, United States Code, is amended by inserting after
the item relating to section 154 the following new item:
``155. Electric vehicle charging stations.''.
(c) Electric Vehicle Charging Signage.--The Secretary of
Transportation shall update the Manual on Uniform Traffic
Control Devices to--
(1) ensure uniformity in providing road users direction to
electric charging stations that are open to the public; and
(2) allow the use of Specific Service signs for electric
vehicle charging station providers.
(d) Agreements Relating to the Use and Access of Rights-of-
way of the Interstate System.--Section 111 of title 23,
United States Code, is amended by adding at the end the
following:
``(f) Interstate System Rights-of Way.--
``(1) In general.--Notwithstanding subsections (a) or (b),
the Secretary shall permit, consistent with section 155, the
charging of electric vehicles on rights-of-way of the
Interstate System in--
``(A) a rest area; or
``(B) a fringe or corridor parking facility, including a
park and ride facility.
``(2) Savings clause.--Nothing in this subsection shall
permit commercial activities on rights-of-way of the
Interstate System, except as necessary for the charging of
electric vehicles in accordance with this subsection.''.
SEC. 1212. NATIONAL HIGHWAY FREIGHT PROGRAM.
Section 167 of title 23, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (6) by striking ``; and'' and inserting a
semicolon; and
(B) by striking paragraph (7) and inserting the following:
``(7) to reduce the environmental impacts of freight
movement on the National Highway Freight Network, including--
``(A) greenhouse gas emissions;
``(B) local air pollution;
``(C) minimizing, capturing, or treating stormwater runoff
and addressing other adverse impacts to water quality; and
``(D) wildlife habitat loss; and
``(8) to decrease any adverse impact of freight
transportation on communities located near freight facilities
or freight corridors.'';
(2) in subsection (e) by adding at the end the following:
``(3) Additional mileage.--Notwithstanding paragraph (2), a
State that has designated at least 90 percent of its maximum
mileage described in paragraph (2) may designate up to an
additional 150 miles of critical rural freight corridors.'';
(3) in subsection (f) by adding at the end the following:
``(5) Additional mileage.--Notwithstanding paragraph (4), a
State that has designated at least 90 percent of its maximum
mileage described in paragraph (4) may designate up to an
additional 75 miles of critical urban freight corridors under
paragraphs (1) and (2).'';
(4) in subsection (h) by striking ``Not later than'' and
all that follows through ``shall prepare'' and inserting ``As
part of the report required under section 503(b)(8), the
Administrator shall biennially prepare'';
(5) in subsection (i)--
(A) by striking paragraphs (2) and (3);
(B) by amending paragraph (4) to read as follows:
``(4) Freight planning.--Notwithstanding any other
provision of law, a State may not obligate funds apportioned
to the State under section 104(b)(5) unless the State has
developed, updated, or amended, as applicable, a freight plan
in accordance with section 70202 of title 49.'';
(C) in paragraph (5)--
(i) by striking subparagraph (B) and inserting the
following:
``(B) Limitation.--The Federal share of a project described
in subparagraph (C)(xxiii) shall fund only elements of such
project that provide public benefits.''; and
(ii) in subparagraph (C)--
(I) in clause (iii) by inserting ``and freight management
and operations systems'' after ``freight transportation
systems''; and
(II) by amending clause (xxiii) to read as follows:
``(xxiii) Freight intermodal or freight rail projects,
including--
``(I) projects within the boundaries of public or private
freight rail or water facilities (including ports);
``(II) projects that provide surface transportation
infrastructure necessary to facilitate direct intermodal
interchange, transfer, and access into or out of the
facility; and
``(III) any other surface transportation project to improve
the flow of freight into or out of a facility described in
subclause (I) or (II).'';
(D) in paragraph (6) by striking ``paragraph (5)'' and
inserting ``paragraph (3)''; and
(E) by redesignating paragraphs (4), (5), (6), and (7) as
paragraphs (2), (3), (4), and (5), respectively; and
(6) in subsection (k)(1)(A)(ii) by striking ``ports-of
entry'' and inserting ``ports-of-entry''.
SEC. 1213. CARBON POLLUTION REDUCTION.
(a) In General.--Chapter 1 of title 23, United States Code,
is amended by adding at the end the following:
``Sec. 171. Carbon pollution reduction
``(a) Establishment.--The Secretary shall establish a
carbon pollution reduction program to support the reduction
of greenhouse gas emissions from the surface transportation
system.
``(b) Eligible Projects.--A project is eligible for funding
under this section if such project--
``(1) is expected to yield a significant reduction in
greenhouse gas emissions from the surface transportation
system;
``(2) will help a State meet the greenhouse gas emissions
performance targets established under section 150(c)(7); and
``(3) is--
``(A) eligible for assistance under this title or under
chapter 53 of title 49; or
``(B) a capital project, as such term is defined in section
22906 of title 49, to improve intercity rail passenger
transportation, provided that the project will yield a
significant reduction in single occupant vehicle trips and
improve mobility on public roads.
``(c) Guidance.--The Secretary shall issue guidance on
methods of determining the reduction of single occupant
vehicle trips and improvement of mobility on public roads as
those factors relate to intercity rail passenger
transportation projects under subsection (b)(4).
``(d) Operating Expenses.--A State may use not more than 10
percent of the funds provided under section 104(b)(9) for the
operating expenses of public transportation and passenger
rail transportation projects.
``(e) Single-Occupancy Vehicle Highway Facilities.--None of
the funds provided under this section may be used for a
project that will result in the construction of new capacity
available to single occupant vehicles unless the project
consists of a high occupancy vehicle facility and is
consistent with section 166.
``(f) Evaluation.--
``(1) In general.--The Secretary shall annually evaluate
the progress of each State in carrying out the program under
this section by comparing the percent change in carbon
dioxide emissions per capita on public roads in the State
calculated as--
``(A) the annual carbon dioxide emissions per capita on
public roads in the State for the most recent year for which
there is data; divided by
``(B) the average annual carbon dioxide emissions per
capita on public roads in the State in calendar years 2015
through 2019.
``(2) Measures.--In conducting the evaluation under
paragraph (1), the Secretary shall--
``(A) prior to the effective date of the greenhouse gas
performance measures under section 150(c)(7), use such data
as are available, which may include data on motor fuels usage
published by the Federal Highway Administration and
information on emissions factors or coefficients published by
the Energy Information Administration of the Department of
Energy; and
``(B) following the effective date of the greenhouse gas
performance measures under section 150(c)(7), use such
measures.
``(g) Progress Report.--The Secretary shall annually issue
a carbon pollution reduction progress report, to be made
publicly available on the website of the Department of
Transportation, that includes--
``(1) the results of the evaluation under subsection (f)
for each State; and
``(2) a ranking of all the States by the criteria under
subsection (f), with the States that, for the year covered by
such report, have the largest percentage reduction in annual
carbon dioxide emissions per capita on public roads being
ranked the highest.
``(h) High-Performing States.--
``(1) Designation.--For purposes of this section, each
State that is 1 of the 15 highest ranked States, as
determined under subsection (g)(2), and that achieves a
reduction in carbon dioxide emissions per capita on public
roads, as determined by the evaluation in subsection (f),
shall be designated as a high-performing State for the
following fiscal year.
``(2) Use of funds.--For each State that is designated as a
high-performing State under paragraph (1)--
``(A) notwithstanding section 120, the State may use funds
made available under this title to pay the non-Federal share
of a project under this section during any year for which
such State is designated as a high-performing State; and
``(B) notwithstanding section 126, the State may transfer
up to 50 percent of funds apportioned under section 104(b)(9)
to the program under section 104(b)(2) in any year for which
such State is designated as a high-performing State.
``(3) Transfer.--For each State that is 1 of the 15 lowest
ranked States, as determined under subsection (g)(2), the
Secretary shall transfer 10 percent of the amount apportioned
to the State under section 104(b)(2) in the fiscal year
following the year in which the State is so ranked, not
including amounts set aside under section 133(d)(1)(A) and
under section 133(h) or 505(a), to the apportionment of the
State under section 104(b)(9).
[[Page H2721]]
``(4) Limitation.--The Secretary shall not conduct a
transfer under paragraph (3)--
``(A) until the first fiscal year following the effective
date of greenhouse gas performance measures under section
150(c)(7); and
``(B) with respect to a State in any fiscal year following
the year in which such State achieves a reduction in carbon
dioxide emissions per capita on public roads in such year as
determined by the evaluation under subsection (f).
``(i) Report.--Not later than 2 years after the date of
enactment of this section and periodically thereafter, the
Secretary, in consultation with the Administrator of the
Environmental Protection Agency, shall issue a report--
``(1) detailing, based on the best available science, what
types of projects eligible for assistance under this section
are expected to provide the most significant greenhouse gas
emissions reductions from the surface transportation sector;
and
``(2) detailing, based on the best available science, what
types of projects eligible for assistance under this section
are not expected to provide significant greenhouse gas
emissions reductions from the surface transportation
sector.''.
(b) Clerical Amendment.--The analysis for chapter 1 of
title 23, United States Code, is amended by adding at the end
the following new item:
``171. Carbon pollution reduction.''.
(c) Applicability.--Subsection (b)(2) of section 171 of
title 23, United States Code, as added by this section, shall
apply to a State beginning on the first fiscal year following
the fiscal year in which the State sets greenhouse gas
performance targets under section 150(d) of title 23, United
States Code.
SEC. 1214. RECREATIONAL TRAILS.
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
recreational trails and related projects shall be
administered as if such funds were made available for
purposes described under this section.''.
SEC. 1215. SAFE ROUTES TO SCHOOL PROGRAM.
(a) In General.--Chapter 2 of title 23, United States Code,
is amended by inserting after section 210 the following:
``Sec. 211. Safe routes to school program
``(a) Program.--The Secretary shall carry out a safe routes
to school program for the benefit of children in primary,
middle, and high schools.
``(b) Purposes.--The purposes of the program 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.
``(c) Use of Funds.--Amounts apportioned to a State under
paragraphs (2) and (3) of section 104(b) may be used to carry
out projects, programs, and other activities under this
section.
``(d) Eligible Entities.--Projects, programs, and
activities funded under this section may be carried out by
eligible entities described under section 133(h)(4)(B) that
demonstrate an ability to meet the requirements of this
section.
``(e) Eligible Projects and Activities.--
``(1) Infrastructure-related projects.--
``(A) In general.--A State may obligate funds under this
section 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.--In addition to
projects described in paragraph (1), a State may obligate
funds under this section for noninfrastructure-related
activities to encourage walking and bicycling to school,
including--
``(A) public awareness campaigns and outreach to press and
community leaders;
``(B) traffic education and enforcement in the vicinity of
schools;
``(C) student sessions on bicycle and pedestrian safety,
health, and environment;
``(D) programs that address personal safety; and
``(E) funding for training, volunteers, and managers of
safe routes to school programs.
``(3) Safe routes to school coordinator.--Each State
receiving an apportionment under paragraphs (2) and (3) of
section 104(b) shall use a sufficient amount of the
apportionment to fund a full-time position of coordinator of
the State's safe routes to school program.
``(4) Rural school district outreach.--A coordinator
described in paragraph (3) shall conduct outreach to ensure
that rural school districts in the State are aware of such
State's safe routes to school program and any funds
authorized by this section.
``(f) Federal Share.--The Federal share of the cost of a
project, program, or activity under this section shall be 100
percent.
``(g) Clearinghouse.--
``(1) In general.--The Secretary shall maintain a national
safe routes to school clearinghouse to--
``(A) develop information and educational programs on safe
routes to school; and
``(B) 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 authorized to be appropriated for
administrative expenses under section 104(a).
``(h) Treatment of Projects.--Notwithstanding any other
provision of law, projects carried out under this section
shall be treated as projects on a Federal-aid highway under
chapter 1 of this title.
``(i) Definitions.--In this section, the following
definitions apply:
``(1) In the vicinity of schools.--The term `in the
vicinity of schools' means, with respect to a school, the
area within bicycling and walking distance of the school
(approximately 2 miles).
``(2) Primary, middle, and high schools.--The term
`primary, middle, and high schools' means schools providing
education from kindergarten through twelfth grade.''.
(b) Technical and Conforming Amendments.--
(1) Repeal.--Section 1404 of SAFETEA-LU (Public Law 109-59;
119 Stat. 1228-1230), and the item relating to such section
in the table of contents in section 1(b) of such Act, are
repealed.
(2) Analysis.--The analysis for chapter 2 of title 23,
United States Code, is amended by inserting after the item
relating to section 210 the following:
``211. Safe routes to school program.''.
SEC. 1216. BICYCLE TRANSPORTATION AND PEDESTRIAN WALKWAYS.
Section 217 of title 23, United States Code, is amended--
(1) in subsection (d)--
(A) by striking ``104(b)(3)'' and inserting ``104(b)(4)'';
and
(B) by striking ``a position'' and inserting ``at least one
full-time positions'';
(2) in subsection (e) by striking ``bicycles'' and
inserting ``pedestrians or bicyclists'' each place such term
appears; and
(3) in subsection (j) by striking paragraph (2) and
inserting the following:
``(2) Electric bicycle.--The term `electric bicycle' means
mean a bicycle equipped with fully operable pedals, a saddle
or seat for the rider, and an electric motor of less than 750
watts that can safely share a bicycle transportation facility
with other users of such facility and meets the requirements
of one of the following three classes:
``(A) Class 1 electric bicycle.--The term `class 1 electric
bicycle' means an electric bicycle equipped with a motor that
provides assistance only when the rider is pedaling, and that
ceases to provide assistance when the bicycle reaches the
speed of 20 miles per hour.
``(B) Class 2 electric bicycle.--The term `class 2 electric
bicycle' means an electric bicycle equipped with a motor that
may be used exclusively to propel the bicycle, and that is
not capable of providing assistance when the bicycle reaches
the speed of 20 miles per hour.
``(C) Class 3 electric bicycle.--The term `class 3 electric
bicycle' means an electric bicycle equipped with a motor that
provides assistance only when the rider is pedaling, and that
ceases to provide assistance when the bicycle reaches the
speed of 28 miles per hour.''.
Subtitle C--Project-Level Investments
SEC. 1301. PROJECTS OF NATIONAL AND REGIONAL SIGNIFICANCE.
(a) In General.--Section 117 of title 23, United States
Code, is amended to read as follows:
``Sec. 117. Projects of national and regional significance
``(a) Establishment.--The Secretary shall establish a
projects of national and regional significance program under
which the Secretary may make grants to, and establish
multiyear grant agreements with, eligible entities in
accordance with this section.
``(b) Applications.--To be eligible for a grant under this
section, an eligible entity shall submit to the Secretary an
application in such form, in such manner, and containing such
information as the Secretary may require.
``(c) Grant Amounts and Project Costs.--
``(1) In general.--Each grant made under this section--
``(A) shall be in an amount that is at least $25,000,000;
and
``(B) shall be for a project that has eligible project
costs that are reasonably anticipated to equal or exceed the
lesser of--
``(i) $100,000,000; or
``(ii) in the case of a project--
``(I) located in 1 State or territory, 30 percent of the
amount apportioned under this chapter to the State or
territory in the most recently completed fiscal year; or
``(II) located in more than 1 State or territory, 50
percent of the amount apportioned under this chapter to the
participating State or territory with the largest
apportionment under this chapter in the most recently
completed fiscal year.
``(2) Large projects.--For a project that has eligible
project costs that are reasonably anticipated to equal or
exceed $500,000,000, a grant made under this section--
``(A) shall be in an amount sufficient to fully fund the
project, or in the case of a public transportation project, a
minimum operable segment, in combination with other funding
sources, including non-Federal financial commitment,
identified in the application; and
``(B) may be awarded pursuant to the process under
subsection (d), as necessary based on the amount of the
grant.
``(d) Multiyear Grant Agreements for Large Projects.--
[[Page H2722]]
``(1) In general.--A large project that receives a grant
under this section may be carried out through a multiyear
grant agreement in accordance with this subsection.
``(2) Requirements.--A multiyear grant agreement for a
large project shall--
``(A) establish the terms of participation by the Federal
Government in the project;
``(B) establish the 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 by not later than 4 fiscal years after
the fiscal year in which the initial amount is provided; and
``(D) determine the period of time for completing the
project, even if such period extends beyond the period of an
authorization.
``(3) Special 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) Contingent commitment.--A contingent commitment under
this subsection is not an obligation of the Federal
Government under section 1501 of title 31.
``(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.--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 or title 49 for eligible project costs of
the large project; and
``(B) shall be reimbursed, at the option of the eligible
entity, for such expenditures from the amount made available
under the multiyear grant agreement for the project in that
fiscal year or a subsequent fiscal year.
``(e) Eligible Projects.--
``(1) In general.--The Secretary may make a grant under
this section only for a project that is a project eligible
for assistance under this title or chapter 53 of title 49 and
is--
``(A) a bridge project carried out on the National Highway
System, or that is eligible to be carried out under section
165;
``(B) a project to improve person throughput that is--
``(i) a highway project carried out on the National Highway
System, or that is eligible to be carried out under section
165;
``(ii) a public transportation project; or
``(iii) a capital project, as such term is defined in
section 22906 of title 49, to improve intercity rail
passenger transportation; or
``(C) a project to improve freight throughput that is--
``(i) a highway freight project carried out on the National
Highway Freight Network established under section 167 or on
the National Highway System;
``(ii) a freight intermodal, freight rail, or railway-
highway grade crossing or grade separation project; or
``(iii) within the boundaries of a public or private
freight rail, water (including ports), or intermodal facility
and that is a surface transportation infrastructure project
necessary to facilitate direct intermodal interchange,
transfer, or access into or out of the facility.
``(2) Limitation.--
``(A) Certain freight projects.--Projects described in
clauses (ii) and (iii) of paragraph (1)(C) may receive a
grant under this section only if--
``(i) the project will make a significant improvement to
the movement of freight on the National Highway System; and
``(ii) the Federal share of the project funds only elements
of the project that provide public benefits.
``(B) Certain projects for person throughput.--Projects
described in clauses (ii) and (iii) of paragraph (1)(B) may
receive a grant under this section only if the project will
make a significant improvement in mobility on public roads.
``(f) Eligible Project Costs.--An eligible entity receiving
a grant under this section may use such grant 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 directly related to
improving system performance.
``(g) Project Requirements.--The Secretary may select a
project described under this section for funding under this
section only if the Secretary determines that the project--
``(1) generates significant regional or national economic,
mobility, safety, resilience, or environmental benefits;
``(2) is cost effective;
``(3) is based on the results of preliminary engineering;
``(4) has secured or will secure acceptable levels of non-
Federal financial commitments, including--
``(A) 1 or more stable and dependable sources of funding
and financing to construct, maintain, and operate the
project; and
``(B) contingency amounts to cover unanticipated cost
increases;
``(5) cannot be easily and efficiently completed without
additional Federal funding or financial assistance available
to the project sponsor, beyond existing Federal
apportionments; and
``(6) is reasonably expected to begin construction not
later than 18 months after the date of obligation of funds
for the project.
``(h) Merit Criteria and Considerations.--
``(1) Merit criteria.--In awarding a grant under this
section, the Secretary shall evaluate the following merit
criteria:
``(A) The extent to which the project supports achieving a
state of good repair.
``(B) The level of benefits the 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
asset;
``(iii) safety benefits, including the reduction of
accidents and related costs;
``(iv) improved person or freight throughput, including
congestion reduction and reliability improvements;
``(v) national and regional economic benefits;
``(vi) resilience benefits;
``(vii) environmental benefits, including reduction in
greenhouse gas emissions and air quality benefits; and
``(viii) benefits to all users of the project, including
pedestrian, bicycle, nonvehicular, railroad, and public
transportation users.
``(C) How the benefits compare to the costs of the project.
``(D) The average number of people or volume of freight, as
applicable, supported by the project, including visitors
based on travel and tourism.
``(2) Additional considerations.--In awarding a grant under
this section, the Secretary shall also consider the
following:
``(A) Whether the project serves low-income residents of
low-income communities, including areas of persistent
poverty, while not displacing such residents.
``(B) Whether the project uses innovative technologies,
innovative design and construction techniques, or pavement
materials that demonstrate reductions in greenhouse gas
emissions through sequestration or innovative manufacturing
processes and, if so, the degree to which such technologies,
techniques, or materials are used.
``(C) Whether the project improves connectivity between
modes of transportation moving people or goods in the Nation
or region.
``(D) Whether the project provides new or improved
connections between at least 2 metropolitan areas with a
population of at least 500,000.
``(i) Project Selection.--
``(1) Evaluation.--To evaluate applications for funding
under this section, the Secretary shall--
``(A) determine whether a project is eligible for a grant
under this section;
``(B) evaluate, through a methodology that is discernible
and transparent to the public, how each application addresses
the merit criteria pursuant to subsection (h);
``(C) assign a quality rating for each merit criteria for
each application based on the evaluation in subparagraph (B);
``(D) ensure that applications receive final consideration
by the Secretary to receive an award under this section only
on the basis of such quality ratings and that the Secretary
gives final consideration only to applications that meet the
minimally acceptable level for each of the merit criteria;
and
``(E) award grants only to projects rated highly under the
evaluation and rating process.
``(2) Considerations for large projects.--In awarding a
grant for a large project, the Secretary shall--
``(A) consider the amount of funds available in future
fiscal years for the program under this section; and
``(B) assume the availability of funds in future fiscal
years for the program that extend beyond the period of
authorization based on the amount made available for the
program in the last fiscal year of the period of
authorization.
``(3) Geographic distribution.--In awarding grants under
this section, the Secretary shall ensure geographic diversity
and a balance between rural and urban communities among grant
recipients over fiscal years 2022 through 2025.
``(4) Publication of methodology.--
``(A) In general.--Prior to the issuance of any notice of
funding opportunity for grants under this section, the
Secretary shall publish and make publicly available on the
Department's website--
``(i) a detailed explanation of the merit criteria
developed under subsection (h);
``(ii) a description of the evaluation process under this
subsection; and
``(iii) how the Secretary shall determine whether a project
satisfies each of the requirements under subsection (g).
``(B) Updates.--The Secretary shall update and make
publicly available on the website of the Department of
Transportation such information at any time a revision to the
information described in subparagraph (A) is made.
``(C) Information required.--The Secretary shall include in
the published notice of funding opportunity for a grant under
this section detailed information on the rating methodology
and merit criteria to be used to evaluate applications, or a
reference to the information on the website of the Department
of Transportation, as required by subparagraph (A).
``(j) Federal Share.--
``(1) In general.--The Federal share of the cost of a
project carried out with a grant under this section may not
exceed 60 percent.
[[Page H2723]]
``(2) Maximum federal involvement.--Federal assistance
other than a grant under this section may be used to satisfy
the non-Federal share of the cost of a project for which such
a grant is made, except that the total Federal assistance
provided for a project receiving a grant under this section
may not exceed 80 percent of the total project cost.
``(k) Treatment of Projects.--
``(1) Federal requirements.--The Secretary shall, with
respect to a project funded by a grant under this section,
apply--
``(A) the requirements of this title to a highway project;
``(B) the requirements of chapter 53 of title 49 to a
public transportation project; and
``(C) the requirements of section 22905 of title 49 to a
passenger rail or freight rail project.
``(2) 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 of such
predominant modal component to the project.
``(B) Exceptions.--
``(i) Passenger or freight rail component.--For any
passenger or freight rail component of a project, the
requirements of section 22907(j)(2) of title 49 shall apply.
``(ii) Public transportation component.--For any public
transportation component of a project, the requirements of
section 5333 of title 49 shall apply.
``(C) Buy america.--In applying the Buy American
requirements under section 313 of this title and sections
5320, 22905(a), and 24305(f) of title 49 to a multimodal
project under this paragraph, the Secretary shall--
``(i) consider the various modal components of the project;
and
``(ii) seek to maximize domestic jobs.
``(3) Federal-aid highway requirements.--Notwithstanding
any other provision of this subsection, the Secretary shall
require recipients of grants under this section to comply
with subsection (a) of section 113 with respect to public
transportation projects, passenger rail projects, and freight
rail projects, in the same manner that recipients of grants
are required to comply with such subsection for construction
work performed on highway projects on Federal-aid highways.
``(l) TIFIA Program.--At the request of an eligible entity
under this section, the Secretary may use amounts awarded to
the entity to pay subsidy and administrative costs necessary
to provide the entity Federal credit assistance under chapter
6 with respect to the project for which the grant was
awarded.
``(m) Administration.--Of the amounts made available to
carry out this section, the Secretary may use up to
$5,000,000 for the costs of administering the program under
this section.
``(n) Technical Assistance.--Of the amounts made available
to carry out this section, the Secretary may reserve up to
$5,000,000 to provide technical assistance to eligible
entities.
``(o) Congressional Review.--
``(1) Notification.--Not less than 60 days before making an
award under this section, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Environment and
Public Works, the Committee on Banking, Housing, and Urban
Affairs, and the Committee on Commerce, Science, and
Transportation of the Senate--
``(A) a list of all applications determined to be eligible
for a grant by the Secretary;
``(B) the quality ratings assigned to each application
pursuant to subsection (i);
``(C) a list of applications that received final
consideration by the Secretary to receive an award under this
section;
``(D) each application proposed to be selected for a grant
award;
``(E) proposed grant amounts, including for each new
multiyear grant agreement, the proposed payout schedule for
the project; and
``(F) an analysis of the impacts of any large projects
proposed to be selected on existing commitments and
anticipated funding levels for the next 4 fiscal years, based
on information available to the Secretary at the time of the
report.
``(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 Secretary's list of
proposed projects.
``(3) Congressional disapproval.--The Secretary may not
make a grant or any other obligation or commitment to fund a
project under this section if a joint resolution is enacted
disapproving funding for the project before the last day of
the 60-day period described in paragraph (1).
``(p) Transparency.--
``(1) In general.--Not later than 30 days after awarding a
grant for a project under this section, the Secretary shall
send to all applicants, and publish on the website of the
Department of Transportation--
``(A) a summary of each application made to the program for
the grant application period; and
``(B) the evaluation and justification for the project
selection, including ratings assigned to all applications and
a list of applications that received final consideration by
the Secretary to receive an award under this section, for the
grant application period.
``(2) Briefing.--The Secretary shall provide, at the
request of a grant applicant under this section, the
opportunity to receive a briefing to explain any reasons the
grant applicant was not awarded a grant.
``(q) Definitions.--In this section:
``(1) Areas of persistent poverty.--The term `areas of
persistent poverty' has the meaning given such term in
section 172(l).
``(2) Eligible entity.--The term `eligible entity' means--
``(A) a State or a group of States;
``(B) a unit of local government, including a metropolitan
planning organization, or a group of local governments;
``(C) a political subdivision of a State or local
government;
``(D) a special purpose district or public authority with a
transportation function, including a port authority;
``(E) a Tribal government or a consortium of Tribal
governments;
``(F) a Federal agency eligible to receive funds under
section 201, 203, or 204 that applies jointly with a State or
group of States;
``(G) a territory; and
``(H) a multistate or multijurisdictional group of entities
described in this paragraph.''.
(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. Projects of national and regional significance.''.
SEC. 1302. COMMUNITY TRANSPORTATION INVESTMENT GRANT PROGRAM.
(a) In General.--Chapter 1 of title 23, United States Code,
as amended by this title, is further amended by adding at the
end the following:
``Sec. 173. Community transportation investment grant program
``(a) Establishment.--The Secretary shall establish a
community transportation investment grant program to improve
surface transportation safety, state of good repair,
accessibility, and environmental quality through
infrastructure investments.
``(b) Grant Authority.--
``(1) In general.--In carrying out the program established
under subsection (a), the Secretary shall make grants, on a
competitive basis, to eligible entities in accordance with
this section.
``(2) Grant amount.--The maximum amount of a grant under
this section shall be $25,000,000.
``(c) Applications.--To be eligible for a grant under this
section, 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.
``(d) Eligible Project Costs.--Grant amounts for an
eligible project carried out under this section 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; and
``(2) construction, reconstruction, rehabilitation,
acquisition of real property (including land related to the
project and improvements to such land), environmental
mitigation, construction contingencies, acquisition of
equipment, and operational improvements.
``(e) Rural and Community Setasides.--
``(1) In general.--The Secretary shall reserve--
``(A) not less than 25 percent of the amounts made
available to carry out this section for projects located in
rural areas; and
``(B) not less than 25 percent of the amounts made
available to carry out this section for projects located in
urbanized areas with a population greater than 49,999
individuals and fewer than 200,001 individuals.
``(2) Definition of rural area.--In this subsection, the
term `rural area' means all areas of a State or territory not
included in urbanized areas.
``(3) Excess funding.--If the Secretary determines that
there are insufficient qualified applicants to use the funds
set aside under this subsection, the Secretary may use such
funds for grants for any projects eligible under this
section.
``(f) Evaluation.--To evaluate applications under this
section, the Secretary shall--
``(1) develop a process to objectively evaluate
applications on the benefits of the project proposed in such
application--
``(A) to transportation safety, including reductions in
traffic fatalities and serious injuries;
``(B) to state of good repair, including improved condition
of bridges and pavements;
``(C) to transportation system access, including improved
access to jobs and services; and
``(D) in reducing greenhouse gas emissions;
``(2) develop a rating system to assign a numeric value to
each application, based on each of the criteria described in
paragraph (1);
``(3) for each application submitted, compare the total
benefits of the proposed project, as determined by the rating
system developed under paragraph (2), with the costs of such
project, and rank each application based on the results of
the comparison; and
``(4) ensure that only such applications that are ranked
highly based on the results of the comparison conducted under
paragraph (3) are considered to receive a grant under this
section.
``(g) Weighting.--In establishing the evaluation process
under subsection (f), the Secretary may assign different
weights to the criteria described in subsection (f)(1) based
on project type, population served by a project, and other
context-sensitive considerations, provided that--
``(1) each application is rated on all criteria described
in subsection (f)(1); and
``(2) each application has the same possible minimum and
maximum rating, regardless of any differences in the
weighting of criteria.
``(h) Transparency.--
``(1) Publicly available information.--Prior to the
issuance of any notice of funding opportunity under this
section, the Secretary shall make publicly available on the
website of the Department of Transportation a detailed
explanation of the evaluation and rating process developed
under subsection (f), including any differences in the
weighting of criteria pursuant to subsection (g), if
applicable, and update such
[[Page H2724]]
website for each revision of the evaluation and rating
process.
``(2) Notifications to congress.--The Secretary shall
submit to the Committee on Transportation and Infrastructure
of the House of Representatives, the Committee on Environment
and Public Works of the Senate, the Committee on Banking,
Housing, and Urban Affairs of the Senate, and the Committee
on Commerce, Science, and Transportation of the Senate the
following written notifications:
``(A) A notification when the Secretary publishes or
updates the information required under paragraph (1).
``(B) Not later than 30 days prior to the date on which the
Secretary awards a grant under this section, a notification
that includes--
``(i) the ratings of each application submitted pursuant to
subsection (f)(2);
``(ii) the ranking of each application submitted pursuant
to subsection (f)(3); and
``(iii) a list of all applications that receive final
consideration by the Secretary to receive an award under this
section pursuant to subsection (f)(4).
``(C) Not later than 3 business days prior to the date on
which the Secretary announces the award of a grant under this
section, a notification describing each grant to be awarded,
including the amount and the recipient.
``(i) Technical Assistance.--Of the amounts made available
to carry out this section, the Secretary may reserve up to
$3,000,000 to provide technical assistance to eligible
entities.
``(j) Administration.--Of the amounts made available to
carry out this section, the Secretary may reserve up to
$5,000,000 for the administrative costs of carrying out the
program under this section.
``(k) Treatment of Projects.--
``(1) Federal requirements.--The Secretary shall, with
respect to a project funded by a grant under this section,
apply--
``(A) the requirements of this title to a highway project;
``(B) the requirements of chapter 53 of title 49 to a
public transportation project; and
``(C) the requirements of section 22905 of title 49 to a
passenger rail or freight rail project.
``(2) 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 of such
predominant modal component to the project.
``(B) Exceptions.--
``(i) Passenger or freight rail component.--For any
passenger or freight rail component of a project, the
requirements of section 22907(j)(2) of title 49 shall apply.
``(ii) Public transportation component.--For any public
transportation component of a project, the requirements of
section 5333 of title 49 shall apply.
``(C) Buy america.--In applying the Buy American
requirements under section 313 of this title and sections
5320, 22905(a), and 24305(f) of title 49 to a multimodal
project under this paragraph, the Secretary shall--
``(i) consider the various modal components of the project;
and
``(ii) seek to maximize domestic jobs.
``(3) Federal-aid highway requirements.--Notwithstanding
any other provision of this subsection, the Secretary shall
require recipients of grants under this section to comply
with subsection (a) of section 113 with respect to public
transportation projects, passenger rail projects, and freight
rail projects, in the same manner that recipients of grants
are required to comply with such subsection for construction
work performed on highway projects on Federal-aid highways.
``(l) Transparency.--
``(1) In general.--Not later than 30 days after awarding a
grant for a project under this section, the Secretary shall
send to all applicants, and publish on the website of the
Department of Transportation--
``(A) a summary of each application made to the program for
the grant application period; and
``(B) the evaluation and justification for the project
selection, including ratings and rankings assigned to all
applications and a list of applications that received final
consideration by the Secretary to receive an award under this
section, for the grant application period.
``(2) Briefing.--The Secretary shall provide, at the
request of a grant applicant under this section, the
opportunity to receive a briefing to explain any reasons the
grant applicant was not awarded a grant.
``(m) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a metropolitan planning organization;
``(B) a unit of local government;
``(C) a transit agency;
``(D) a Tribal Government or a consortium of Tribal
governments;
``(E) a multijurisdictional group of entities described in
this paragraph;
``(F) a special purpose district with a transportation
function or a port authority;
``(G) a territory; or
``(H) a State that applies for a grant under this section
jointly with an entity described in subparagraphs (A) through
(G).
``(2) Eligible project.--The term `eligible project' means
any project eligible under this title or chapter 53 of title
49.''.
(b) Clerical Amendment.--The analysis for chapter 1 of
title 23, United States Code, is further amended by adding at
the end the following new item:
``173. Community transportation investment grant program.''.
SEC. 1303. GRANTS FOR CHARGING AND FUELING INFRASTRUCTURE TO
MODERNIZE AND RECONNECT AMERICA FOR THE 21ST
CENTURY.
(a) Purpose.--The purpose of this section is to establish a
grant program to strategically deploy electric vehicle
charging infrastructure, natural gas fueling, propane
fueling, and hydrogen fueling infrastructure along designated
alternative fuel corridors that will be accessible to all
drivers of electric vehicles, natural gas vehicles, propane
vehicles, and hydrogen vehicles.
(b) Grant Program.--Section 151 of title 23, United States
Code, is amended--
(1) in subsection (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'';
(2) in subsection (b)(2) by inserting ``previously
designated by the Federal Highway Administration or'' after
``fueling corridors'';
(3) in subsection (d)--
(A) by striking ``5 years after the date of establishment
of the corridors under subsection (a), and every 5 years
thereafter'' and inserting ``180 days after the date of
enactment of the INVEST in America Act''; and
(B) by inserting ``establish a recurring process to
regularly'' after ``the Secretary shall'';
(4) in subsection (e)--
(A) in paragraph (1) by striking ``; and'' and inserting a
semicolon;
(B) in paragraph (2)--
(i) by striking ``establishes an aspirational goal of
achieving'' and inserting ``describes efforts to achieve'';
and
(ii) by striking ``by the end of fiscal year 2020.'' and
inserting a semicolon; 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, and natural
gas fueling infrastructure at the State, tribal, and local
level to allow for the predictable deployment of such
infrastructure; and
``(4) summarizes the progress and implementation of the
grant program under subsection (f), including--
``(A) a description of how funds awarded through the grant
program under subsection (f) will aid efforts to achieve
strategic deployment of electric vehicle charging
infrastructure, natural gas fueling, propane fueling, and
hydrogen fueling infrastructure in those corridors;
``(B) the total number and location of charging and fueling
stations installed under subsection (f); and
``(C) the total estimated greenhouse gas emissions that
have been reduced through the use of electric vehicle
charging, natural gas fueling, propane fueling, or hydrogen
fueling infrastructure funded under subsection (f) using the
methodology identified in paragraph (3)(B).''; and
(5) by adding at the end the following:
``(f) Electric Vehicle Charging, Natural Gas Fueling,
Propane Fueling, and Hydrogen Fueling Infrastructure
Grants.--
``(1) Establishment.--Not later than 1 year after the date
of enactment of the INVEST in America Act, the Secretary
shall establish a grant program to award grants to eligible
entities for electric vehicle charging, natural gas fueling,
propane fueling, and hydrogen fueling infrastructure
projects.
``(2) Eligible entity.--An entity eligible to receive a
grant under this subsection is--
``(A) a State (as such term is defined in section 401) 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) a Tribal government;
``(F) an authority, agency, or instrumentality of, or an
entity owned by, 1 or more of the entities described in
subparagraphs (A) through (E); or
``(G) a group of entities described in subparagraphs (A)
through (F).
``(3) Application.--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--
``(i) the public accessibility of the charging or fueling
infrastructure proposed to be funded with a grant under this
subsection, including--
``(I) charging or fueling connector types;
``(II) publicly available information on real-time
availability; and
``(III) payment methods available to all members of the
public to ensure secure, convenient, fair, and equal access
and not limited by membership to a particular provider;
``(ii) collaborative engagement with the entity with
jurisdiction over the roadway and any other relevant
stakeholders (including automobile manufacturers, utilities,
infrastructure providers, technology providers, electric
charging, natural gas, propane, and hydrogen fuel providers,
metropolitan planning organizations, States, Indian Tribes,
units of local government, fleet owners, fleet managers, fuel
station owners and operators, labor organizations,
infrastructure construction and component parts suppliers,
and multistate and regional entities)--
``(I) to foster enhanced, coordinated, public-private or
private investment in electric vehicle charging, natural gas
fueling, propane fueling, and hydrogen fueling
infrastructure;
``(II) to expand deployment of electric vehicle charging,
natural gas fueling, propane fueling, or hydrogen 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,
natural gas fueling, propane fueling, or hydrogen fueling
infrastructure;
[[Page H2725]]
``(iii) the location of the station or fueling site,
including consideration of--
``(I) the availability of onsite amenities for vehicle
operators, including 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, including
semitrailer trucks; and
``(IV) appropriate distribution to avoid redundancy and
fill charging or fueling gaps;
``(iv) infrastructure installation that can be responsive
to technology advancements, including accommodating
autonomous vehicles and future charging methods;
``(v) the long-term operation and maintenance of the
electric vehicle charging or hydrogen fueling infrastructure
to avoid stranded assets and protect the investment of public
funds in such infrastructure; and
``(vi) in the case of an applicant that is not a State
department of transportation, the degree of coordination with
the applicable State department of transportation; and
``(B) an assessment of the estimated greenhouse gas
emissions and air pollution from vehicle emissions that will
be reduced through the use of electric vehicle charging,
natural gas fueling, propane fueling, or hydrogen fueling
infrastructure, which shall be conducted using one
standardized methodology or tool as determined by the
Secretary.
``(4) 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) reduce estimated greenhouse gas emissions and air
pollution from vehicle emissions, weighted by the total
Federal investment in the project;
``(ii) 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
additional capacity--
``(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;
``(iii) meet current or anticipated market demands for
charging or fueling infrastructure;
``(iv) enable or accelerate the construction of charging or
fueling infrastructure that would be unlikely to be completed
without Federal assistance;
``(v) support a long-term competitive market for electric
vehicle charging infrastructure, natural gas fueling, propane
fueling, or hydrogen fueling infrastructure that does not
significantly impair existing electric vehicle charging or
hydrogen fueling infrastructure providers; and
``(vi) reduce greenhouse gas emissions in established
goods-movement corridors, locations serving first- and last-
mile freight near ports and freight hubs, and locations that
optimize infrastructure networks and reduce hazardous air
pollutants in communities disproportionately impacted by such
pollutants; and
``(B) ensure, to the maximum extent practicable, geographic
diversity among grant recipients to ensure that electric
vehicle charging infrastructure or hydrogen fueling
infrastructure is available throughout the United States.
``(5) Use of funds.--
``(A) In general.--Any grant made under this subsection
shall be--
``(i) directly related to the charging or fueling of a
vehicle; and
``(ii) only for charging or fueling infrastructure that is
open to the general public.
``(B) Location of infrastructure.--
``(i) In general.--Any electric vehicle charging, natural
gas fueling, propane fueling, or hydrogen fueling
infrastructure acquired and installed with a grant under this
subsection shall be located along an alternative fuel
corridor designated under this section or by a State or group
of States.
``(ii) Exception.--Notwithstanding clause (i), the
Secretary may make a grant for electric vehicle charging or
hydrogen fueling infrastructure not on a designated
alternative fuel corridor if the applicant demonstrates that
the proposed charging or fueling infrastructure would expand
deployment of electric vehicle charging or hydrogen fueling
to a greater number of users than investments on such
corridor.
``(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 for operating assistance for
the first 5 years of operations after the installation of
electric vehicle charging, natural gas fueling, propane
fueling, or hydrogen fueling infrastructure while the
facility transitions to independent system operations.
``(ii) Inclusion.--Operating assistance under this
subparagraph shall be limited to costs allocable to operating
and maintaining the electric vehicle charging, natural gas
fueling, propane fueling, or hydrogen 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 electric vehicle
charging, natural gas fueling, propane fueling, or hydrogen
fueling infrastructure.
``(D) Signs.--
``(i) In general.--Subject to this paragraph and paragraph
(6)(B), an eligible entity that receives a grant under this
subsection may use a portion of the funds to acquire and
install--
``(I) traffic control devices located in the right-of-way
to provide directional information to electric vehicle
charging, natural gas fueling, propane fueling, or hydrogen
fueling infrastructure acquired, installed, or operated with
the grant under this subsection; and
``(II) on-premises signs to provide information about
electric vehicle charging, natural gas fueling, propane
fueling, or hydrogen fueling infrastructure acquired,
installed, or operated with a grant under this subsection.
``(ii) Requirement.--Any traffic control device or on-
premises sign acquired, installed, or operated with a grant
under this subsection shall comply with the Manual on Uniform
Traffic Control Devices, if located in the highway right-of-
way.
``(E) Revenue.--An eligible entity receiving a grant under
this subsection and a private entity referred to in
subparagraph (F) 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,
natural gas fueling, propane fueling, or hydrogen fueling
infrastructure.
``(F) Private entity.--
``(i) In general.--An eligible entity receiving a grant
under this subsection may use the funds in accordance with
this paragraph to contract with a private entity for
installation, operation, or maintenance of electric vehicle
charging, natural gas fueling, propane fueling, or hydrogen
fueling infrastructure.
``(ii) Inclusion.--An eligible private entity includes
privately, publicly, or cooperatively owned utilities,
private electric vehicle service equipment and hydrogen
fueling infrastructure providers, and retail fuel stations.
``(6) Project requirements.--
``(A) In general.--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.
``(B) Electric vehicle charging projects.--A project for
electric vehicle charging infrastructure funded by a grant
under this subsection shall be subject to the requirements of
section 155.
``(7) Federal share.--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.''.
SEC. 1304. COMMUNITY CLIMATE INNOVATION GRANTS.
(a) In General.--Chapter 1 of title 23, United States Code,
as amended by this title, is further amended by inserting
after section 171 the following:
``Sec. 172. Community climate innovation grants
``(a) Establishment.--The Secretary shall establish a
community climate innovation grant program (in this section
referred to as the `Program') to make grants, on a
competitive basis, for locally selected projects that reduce
greenhouse gas emissions while improving the mobility,
accessibility, and connectivity of the surface transportation
system.
``(b) Purpose.--The purpose of the Program shall be to
support communities in reducing greenhouse gas emissions from
the surface transportation system.
``(c) Eligible Applicants.--The Secretary may make grants
under the Program to the following entities:
``(1) A metropolitan planning organization.
``(2) A unit of local government or a group of local
governments, or a county or multi-county special district.
``(3) A subdivision of a local government.
``(4) A transit agency.
``(5) A special purpose district with a transportation
function or a port authority.
``(6) A Tribal government or a consortium of tribal
governments.
``(7) A territory.
``(8) A multijurisdictional group of entities described in
paragraphs (1) through (7).
``(d) Applications.--To be eligible for a grant under the
Program, an entity specified in subsection (c) shall submit
to the Secretary an application in such form, at such time,
and containing such information as the Secretary determines
appropriate.
``(e) Eligible Projects.--The Secretary may only provide a
grant under the Program for a project that is expected to
yield a significant reduction in greenhouse gas emissions
from the surface transportation system and--
``(1) is a project eligible for assistance under this title
or under chapter 53 of title 49 or supports fueling
infrastructure for fuels defined under section 9001(5) of the
Farm Security and Rural Investment Act of 2002 (7 U.S.C.
8101(5)); or
``(2) is a capital project as defined in section 22906 of
title 49 to improve intercity passenger rail that will yield
a significant reduction in single occupant vehicle trips and
improve mobility on public roads.
``(f) Eligible Uses.--Grant amounts received for a 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; 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 Prioritization.--In making grants for
projects under the Program, the Secretary shall give priority
to projects that are expected to yield the most significant
reductions in greenhouse gas emissions from the surface
transportation system.
``(h) Additional Considerations.--In making grants for
projects under the Program, the Secretary shall consider the
extent to which--
``(1) a project maximizes greenhouse gas reductions in a
cost-effective manner;
``(2) a project reduces dependence on single-occupant
vehicle trips or provides additional transportation options;
[[Page H2726]]
``(3) a project improves the connectivity and accessibility
of the surface transportation system, particularly to low-
and zero-emission forms of transportation, including public
transportation, walking, and bicycling;
``(4) an applicant has adequately considered or will
adequately consider, including through the opportunity for
public comment, the environmental justice and equity impacts
of the project;
``(5) a project contributes to geographic diversity among
grant recipients, including to achieve a balance between
urban, suburban, and rural communities;
``(6) a project serves low-income residents of low-income
communities, including areas of persistent poverty, while not
displacing such residents;
``(7) a project uses pavement materials that demonstrate
reductions in greenhouse gas emissions through sequestration
or innovative manufacturing processes;
``(8) a project repurposes neglected or underused
infrastructure, including abandoned highways, bridges,
railways, trail ways, and adjacent underused spaces, into new
hybrid forms of public space that support multiple modes of
transportation; and
``(9) a project includes regional multimodal transportation
system management and operations elements that will improve
the effectiveness of such project and encourage reduction of
single occupancy trips by providing the ability of users to
plan, use, and pay for multimodal transportation
alternatives.
``(i) Funding.--
``(1) Maximum amount.--The maximum amount of a grant under
the Program shall be $25,000,000.
``(2) Technical assistance.--Of the amounts made available
to carry out the Program, the Secretary may use up to 1
percent to provide technical assistance to applicants and
potential applicants.
``(j) Treatment of Projects.--
``(1) Federal requirements.--The Secretary shall, with
respect to a project funded by a grant under this section,
apply--
``(A) the requirements of this title to a highway project;
``(B) the requirements of chapter 53 of title 49 to a
public transportation project; and
``(C) the requirements of section 22905 of title 49 to a
passenger rail or freight rail project.
``(2) 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 of such
predominant modal component to the project.
``(B) Exceptions.--
``(i) Passenger or freight rail component.--For any
passenger or freight rail component of a project, the
requirements of section 22907(j)(2) of title 49 shall apply.
``(ii) Public transportation component.--For any public
transportation component of a project, the requirements of
section 5333 of title 49 shall apply.
``(C) Buy america.--In applying the Buy American
requirements under section 313 of this title and sections
5320, 22905(a), and 24305(f) of title 49 to a multimodal
project under this paragraph, the Secretary shall--
``(i) consider the various modal components of the project;
and
``(ii) seek to maximize domestic jobs.
``(3) Federal-aid highway requirements.--Notwithstanding
any other provision of this subsection, the Secretary shall
require recipients of grants under this section to comply
with subsection (a) of section 113 with respect to public
transportation projects, passenger rail projects, and freight
rail projects, in the same manner that recipients of grants
are required to comply with such subsection for construction
work performed on highway projects on Federal-aid highways.
``(k) Single-Occupancy Vehicle Highway Facilities.--None of
the funds provided under this section may be used for a
project that will result in the construction of new capacity
available to single occupant vehicles unless the project
consists of a high-occupancy vehicle facility and is
consistent with section 166.
``(l) Definition of Areas of Persistent Poverty.--In this
section, the term `areas of persistent poverty' means--
``(1) any county that has had 20 percent or more of the
population of such county living in poverty over the past 30
years, as measured by the 1990 and 2000 decennial censuses
and the most recent Small Area Income and Poverty Estimates;
``(2) any census tract with a poverty rate of at least 20
percent, as measured by the most recent 5-year data series
available from the American Community Survey of the Bureau of
the Census for all States and Puerto Rico; or
``(3) any other territory or possession of the United
States that has had 20 percent or more of its population
living in poverty over the past 30 years, as measured by the
1990, 2000, and 2010 island areas decennial censuses, or
equivalent data, of the Bureau of the Census.''.
(b) Clerical Amendment.--The analysis for chapter 1 of
title 23, United States Code, is amended by inserting after
the item relating to section 171 the following:
``172. Community climate innovation grants.''.
SEC. 1305. METRO PERFORMANCE PROGRAM.
(a) Establishment.--The Secretary of Transportation shall
directly allocate funds in accordance with this section to
enhance local decision making and control in delivering
projects to address local transportation needs.
(b) Designation.--
(1) In general.--The Secretary shall designate direct
recipients based on the criteria in paragraph (3) to be
direct recipients of funds under this section.
(2) Responsibilities.--A direct recipient shall be
responsible for compliance with any requirements related to
the use of Federal funds vested in a State department of
transportation under chapter 1 of title 23, United States
Code.
(3) Criteria.--In designating an applicant under this
subsection, the Secretary shall consider--
(A) the legal, financial, and technical capacity of the
applicant;
(B) the level of coordination between the applicant and--
(i) the State department of transportation of the State or
States in which the metropolitan planning area represented by
the applicant is located;
(ii) local governments and providers of public
transportation within the metropolitan planning area
represented by the applicant; and
(iii) if more than 1 metropolitan planning organization is
designated within an urbanized area represented by the
applicant, any other such metropolitan planning organization;
(C) in the case of an applicant that represents an
urbanized area population of greater than 200,000, the
effectiveness of project delivery and timely obligation of
funds made available under section 133(d)(1)(A)(i) of title
23, United States Code;
(D) if the applicant or a local government within the
metropolitan planning area that the applicant represents has
been the recipient of a discretionary grant from the
Secretary within the preceding 5 years, the administration of
such grant;
(E) the extent to which the planning and decision making
process of the applicant, including the long-range
transportation plan and the approved transportation
improvement program under section 134 of such title,
support--
(i) the performance goals established under section 150(b)
of such title; and
(ii) the achievement of metropolitan or statewide
performance targets established under section 150(d) of such
title;
(F) whether the applicant is a designated recipient of
funds from the Federal Transit Administration as described
under subsections (A) and (B) of section 5302(4) of title 49,
United States Code; and
(G) any other criteria established by the Secretary.
(4) Requirements.--
(A) Call for nomination.--Not later than February 1, 2022,
the Secretary shall publish in the Federal Register a notice
soliciting applications for designation under this
subsection.
(B) Guidance.--The notification under paragraph (1) shall
include guidance on the requirements and responsibilities of
a direct recipient under this section, including implementing
regulations.
(C) Determination.--The Secretary shall make all
designations under this section for fiscal year 2023 not
later than June 1, 2022.
(5) Term.--Except as provided in paragraph (6), a
designation under this subsection shall--
(A) be for a period of not less than 5 years; and
(B) be renewable.
(6) Termination.--
(A) In general.--The Secretary shall establish procedures
for the termination of a designation under this subsection.
(B) Considerations.--In establishing procedures under
subparagraph (A), the Secretary shall consider--
(i) with respect to projects carried out under this
section, compliance with the requirements of title 23, United
States Code, or chapter 53 of title 49, United States Code;
and
(ii) the obligation rate of any funds--
(I) made available under this section; and
(II) in the case of a metropolitan planning organization
that represents a metropolitan planning area with an
urbanized area population of greater than 200,000, made
available under section 133(d)(1)(A)(i) of title 23, United
States Code.
(c) Use of Funds.--
(1) Eligible projects.--Funds made available under this
section may be obligated for the purposes described in
section 133(b) of title 23, United States Code.
(2) Administrative expenses and technical assistance.--Of
the amounts made available under this section, the Secretary
may set aside not more than $5,000,000 for program
management, oversight, and technical assistance to direct
recipients.
(d) Responsibilities of Direct Recipients.--
(1) Direct availability of funds.--Notwithstanding title
23, United States Code, the amounts made available under this
section shall be allocated to each direct recipient for
obligation.
(2) Project delivery.--
(A) In general.--The direct recipient may collaborate with
a State, unit of local government, regional entity, or
transit agency to carry out a project under this section and
ensure compliance with all applicable Federal requirements.
(B) State authority.--The State may exercise, on behalf of
the direct recipient, any available decisionmaking
authorities or actions assumed from the Secretary.
(C) Use of funds.--The direct recipient may use amounts
made available under this section to compensate a State, unit
of local government, regional entity, or transit agency for
costs incurred in providing assistance under this paragraph.
(3) Distribution of amounts among direct recipients.--
(A) In general.--Subject to subparagraph (B), on the first
day of the fiscal year for which funds are made available
under this section, the Secretary shall allocate such funds
to each direct recipient as the proportion of the population
(as determined by data collected by the
[[Page H2727]]
Bureau of the Census) of the urbanized area represented by
any 1 direct recipient bears to the total population of all
of urbanized areas represented by all direct recipients.
(B) Minimum and maximum amounts.--Of funds allocated to
direct recipients under subparagraph (A), each direct
recipient shall receive not less than $10,000,000 and not
more than $50,000,000 each fiscal year.
(C) Minimum guaranteed amount.--In making a determination
whether to designate a metropolitan planning organization as
a direct recipient under subsection (b), the Secretary shall
ensure that each direct recipient receives the minimum
required allocation under subparagraph (B).
(D) Additional amounts.--If any amounts remain
undistributed after the distribution described in this
subsection, such remaining amounts and an associated amount
of obligation limitation shall be made available as if
suballocated under clauses (i) and (ii) of section
133(d)(1)(A) of title 23, United States Code, and distributed
among the States in the proportion that the relative shares
of the population (as determined by data collected by the
Bureau of the Census) of the urbanized areas of each State
bears to the total populations of all urbanized areas across
all States.
(4) Assumption of responsibility of the secretary.--
(A) In general.--For projects carried out with funds
provided under this section, the direct recipient may assume
the responsibilities of the Secretary under section 106 of
title 23, United States Code, for design, plans,
specifications, estimates, contract awards, and inspections
with respect to the projects unless the Secretary determines
that the assumption is not appropriate.
(B) Agreement.--The Secretary and the direct recipient
shall enter into an agreement relating to the extent to which
the direct recipient assumes the responsibilities of the
Secretary under this paragraph.
(C) Limitations.--The Secretary shall retain
responsibilities described in subparagraph (A) for any
project that the Secretary determines to be in a high-risk
category, including projects on the National Highway System.
(e) Expenditure of Funds.--
(1) Consistency with metropolitan planning.--Except as
otherwise provided in this section, programming and
expenditure of funds for projects under this section shall be
consistent with the requirements of section 134 of title 23,
United States Code, and section 5303 of title 49, United
States Code.
(2) Selection of projects.--
(A) In general.--Notwithstanding subsections (j)(5) and
(k)(4) of section 134 of title 23, United States Code, or
subsections (j)(5) and (k)(4) of section 5303 of title 49,
United States Code, a direct recipient shall select, from the
approved transportation improvement program under such
sections, all projects to be funded under this section,
including projects on the National Highway System.
(B) Eligible projects.--The project selection process
described in this subsection shall apply to all federally
funded projects within the boundaries of a metropolitan
planning area served by a direct recipient that are carried
out under this section.
(C) Consultation required.--In selecting a project under
this subsection, the metropolitan planning organization shall
consult with--
(i) in the case of a highway project, the State and
locality in which such project is located; and
(ii) in the case of a transit project, any affected public
transportation operator.
(3) Rule of construction.--Nothing in this section shall be
construed to limit the ability of a direct recipient to
partner with a State department of transportation or other
recipient of Federal funds under title 23, United States
Code, or chapter 53 of title 49, United States Code, to carry
out a project.
(f) Treatment of Funds.--
(1) In general.--Except as provided in this section, funds
made available to carry out this section shall be
administered as if apportioned under chapter 1 of title 23,
United States Code.
(2) Federal share.--The Federal share of the cost of a
project carried out under this section shall be determined in
accordance with section 120 of title 23, United States Code.
(g) Report.--
(1) Direct recipient report.--Not later than 60 days after
the end of each fiscal year, each direct recipient shall
submit to the Secretary a report that includes--
(A) a list of projects funded with amounts provided under
this section;
(B) a description of any obstacles to complete projects or
timely obligation of funds; and
(C) recommendations to improve the effectiveness of the
program under this section.
(2) Report to congress.--Not later than October 1, 2024,
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--
(A) summarizes the findings of each direct recipient
provided under paragraph (1);
(B) describes the efforts undertaken by both direct
recipients and the Secretary to ensure compliance with the
requirements of title 23 and chapter 53 of title 49, United
States Code;
(C) analyzes the capacity of direct recipients to receive
direct allocations of funds under chapter 1 of title 23,
United States Code; and
(D) provides recommendations from the Secretary to--
(i) improve the administration, oversight, and performance
of the program established under this section;
(ii) improve the effectiveness of direct recipients to
complete projects and obligate funds in a timely manner; and
(iii) evaluate options to expand the authority provided
under this section, including to allow for the direct
allocation to metropolitan planning organizations of funds
made available to carry out clause (i) or (ii) of section
133(d)(1)(A) of title 23, United States Code.
(3) Update.--Not less frequently than every 2 years, the
Secretary shall update the report described in paragraph (2).
(h) Definitions.--
(1) Direct recipient.--In this section, the term ``direct
recipient'' means a metropolitan planning organization
designated by the Secretary as high-performing under
subsection (b) and that was directly allocated funds as
described in subsection (d).
(2) Metropolitan planning area.--The term ``metropolitan
planning area'' has the meaning given such term in section
134 of title 23, United States Code.
(3) Metropolitan planning organization.--The term
``metropolitan planning organization'' has the meaning given
such term in section 134 of title 23, United States Code.
(4) National highway system.--The term ``National Highway
System'' has the meaning given such term in section 101 of
title 23, United States Code.
(5) State.--The term ``State'' has the meaning given such
term in section 101 of title 23, United States Code.
(6) Urbanized area.--The term ``urbanized area'' has the
meaning given such term in section 134 of title 23, United
States Code.
SEC. 1306. GRIDLOCK REDUCTION GRANT PROGRAM.
(a) Establishment.--The Secretary of Transportation shall
establish a gridlock reduction program to make grants, on a
competitive basis, for projects to reduce, and mitigate the
adverse impacts of, traffic congestion.
(b) Applications.--To be eligible for a grant under this
section, an applicant shall submit to the Secretary an
application in such form, at such time, and containing such
information as the Secretary determines appropriate.
(c) Eligible Applicants.--The Secretary may make grants
under this section to an applicant that is serving a combined
statistical area, as defined by the Office of Management and
Budget, with a population of not less than 1,300,000 and that
is--
(1) a metropolitan planning organization;
(2) a unit of local government or a group of local
governments;
(3) a multijurisdictional group of entities described in
paragraphs (1) and (2); or
(4) a State that is in partnership with an entity or group
of entities described in paragraph (1), (2), or (3).
(d) Eligible Projects.--The Secretary may award grants
under this section to applicants that submit a comprehensive
program of surface transportation-related projects to reduce
traffic congestion and related adverse impacts, including a
project for 1 or more of the following:
(1) Transportation systems management and operations.
(2) Intelligent transportation systems.
(3) Real-time traveler information.
(4) Traffic incident management.
(5) Active traffic management.
(6) Traffic signal timing.
(7) Multimodal travel payment systems.
(8) Transportation demand management, including employer-
based commuting programs such as carpool, vanpool, transit
benefit, parking cashout, shuttle, or telework programs.
(9) A project to provide transportation options to reduce
traffic congestion, including--
(A) a project under chapter 53 of title 49, United States
Code;
(B) a bicycle or pedestrian project, including a project to
provide safe and connected active transportation networks;
and
(C) a surface transportation project carried out in
accordance with the national travel and tourism
infrastructure strategic plan under section 1431(e) of the
FAST Act (49 U.S.C. 301 note).
(10) Any other project, as determined appropriate by the
Secretary.
(e) Award Prioritization.--
(1) In general.--In selecting grants under this section,
the Secretary shall prioritize applicants serving urbanized
areas, as described in subsection (c), that are experiencing
a high degree of recurrent transportation congestion, as
determined by the Secretary.
(2) Additional considerations.--In selecting grants under
this section, the Secretary shall also consider the extent to
which the project would--
(A) reduce traffic congestion and improve the reliability
of the surface transportation system;
(B) mitigate the adverse impacts of traffic congestion on
the surface transportation system, including safety and
environmental impacts;
(C) maximize the use of existing capacity; and
(D) employ innovative, integrated, and multimodal solutions
to the items described in subparagraphs (A), (B), and (C).
(f) Federal Share.--
(1) In general.--The Federal share of the cost of a project
carried out under this section may not exceed 60 percent.
(2) Maximum federal share.--Federal assistance other than a
grant for a project under this section may be used to satisfy
the non-Federal share of the cost of such project, except
that the total Federal assistance provided for a project
receiving a grant under this section may not exceed 80
percent of the total project cost.
(g) Use of Funds.--Funds made available for a project under
this section 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; 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.
[[Page H2728]]
(h) Funding.--
(1) Grant amount.--A grant under this section shall be in
an amount not less than $10,000,000 and not more than
$50,000,000.
(2) Availability.--Funds made available under this program
shall be available until expended.
(i) Freight Project Set-Aside.--
(1) In general.--The Secretary shall set aside not less
than 50 percent of the funds made available to carry out this
section for grants for freight projects under this
subsection.
(2) Eligible uses.--The Secretary shall provide funds set
aside under this subsection to applicants that submit a
comprehensive program of surface transportation-related
projects to reduce freight-related traffic congestion and
related adverse impacts, including--
(A) freight intelligent transportation systems;
(B) real-time freight parking information;
(C) real-time freight routing information;
(D) freight transportation and delivery safety projects;
(E) first-mile and last-mile delivery solutions;
(F) shifting freight delivery to off-peak travel times;
(G) reducing greenhouse gas emissions and air pollution
from freight transportation and delivery, including through
the use of innovative vehicles that produce fewer greenhouse
gas emissions;
(H) use of centralized delivery locations;
(I) designated freight vehicle parking and staging areas;
(J) curb space management; and
(K) other projects, as determined appropriate by the
Secretary.
(3) Award prioritization.--
(A) In general.--In providing funds set aside under this
section, the Secretary shall prioritize applicants serving
urbanized areas, as described in subsection (c), that are
experiencing a high degree of recurrent congestion due to
freight transportation, as determined by the Secretary.
(B) Additional considerations.--In providing funds set
aside under this subsection, the Secretary shall consider the
extent to which the proposed project--
(i) reduces freight-related traffic congestion and improves
the reliability of the freight transportation system;
(ii) mitigates the adverse impacts of freight-related
traffic congestion on the surface transportation system,
including safety and environmental impacts;
(iii) maximizes the use of existing capacity;
(iv) employs innovative, integrated, and multimodal
solutions to the items described in clauses (i) through
(iii);
(v) leverages Federal funds with non-Federal contributions;
and
(vi) integrates regional multimodal transportation
management and operational projects that address both
passenger and freight congestion.
(4) Flexibility.--If the Secretary determines that there
are insufficient qualified applicants to use the funds set
aside under this subsection, the Secretary may use such funds
for grants for any projects eligible under this section.
(j) Report.--
(1) Recipient report.--The Secretary shall ensure that not
later than 2 years after the Secretary awards grants under
this section, the recipient of each such grant submits to the
Secretary a report that contains--
(A) information on each activity or project that received
funding under this section;
(B) a summary of any non-Federal resources leveraged by a
grant under this section;
(C) any statistics, measurements, or quantitative
assessments that demonstrate the congestion reduction,
reliability, safety, and environmental benefits achieved
through activities or projects that received funding under
this section; and
(D) any additional information required by the Secretary.
(2) Report to congress.--Not later than 9 months after the
date specified in 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, the Committee on Commerce, Science, and
Transportation, and the Committee on Banking, Housing, and
Urban Affairs of the Senate, and make publicly available on a
website, a report detailing--
(A) a summary of any information provided under paragraph
(1); and
(B) recommendations and best practices to--
(i) reduce traffic congestion, including freight-related
traffic congestion, and improve the reliability of the
surface transportation system;
(ii) mitigate the adverse impacts of traffic congestion,
including freight-related traffic congestion, on the surface
transportation system, including safety and environmental
impacts; and
(iii) employ innovative, integrated, and multimodal
solutions to the items described in clauses (i) and (ii).
(k) Notification.--Not later than 3 business days before
awarding a grant under this section, the Secretary shall
notify the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Environment
and Public Works, the Committee on Commerce, Science, and
Transportation, and the Committee on Banking, Housing, and
Urban Affairs of the Senate of the intention to award such a
grant.
(l) Treatment of Projects.--
(1) Federal requirements.--The Secretary shall, with
respect to a project funded by a grant under this section,
apply--
(A) the requirements of title 23, United States Code, to a
highway project;
(B) the requirements of chapter 53 of title 49, United
States Code, to a public transportation project; and
(C) the requirements of section 22905 of title 49, United
States Code, to a passenger rail or freight rail project.
(2) 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 of such predominant
modal component to the project.
(B) Exceptions.--
(i) Passenger or freight rail component.--For any passenger
or freight rail component of a project, the requirements of
section 22907(j)(2) of title 49, United States Code, shall
apply.
(ii) Public transportation component.--For any public
transportation component of a project, the requirements of
section 5333 of title 49, United States Code, shall apply.
(C) Buy america.--In applying the Buy American requirements
under section 313 of title 23, United States Code, and
sections 5320, 22905(a), and 24305(f) of title 49, United
States Code, to a multimodal project under this paragraph,
the Secretary shall--
(i) consider the various modal components of the project;
and
(ii) seek to maximize domestic jobs.
(3) Federal-aid highway requirements.--Notwithstanding any
other provision of this subsection, the Secretary shall
require recipients of grants under this section to comply
with subsection (a) of section 113 of title 23, United States
Code, with respect to public transportation projects,
passenger rail projects, and freight rail projects, in the
same manner that recipients of grants are required to comply
with such subsection for construction work performed on
highway projects on Federal-aid highways.
(m) Treatment of Funds.--Except as provided in subsection
(l), funds authorized for the purposes described in this
section shall be available for obligation in the same manner
as if the funds were apportioned under chapter 1 of title 23,
United States Code.
SEC. 1307. REBUILD RURAL GRANT PROGRAM.
(a) Establishment.--The Secretary of Transportation shall
establish a rebuild rural grant program to improve the
safety, state of good repair, and connectivity of
transportation infrastructure in rural communities.
(b) Grant Authority.--
(1) In general.--In carrying out the program established in
subsection (a), the Secretary shall make grants, on a
competitive basis, in accordance with this section.
(2) Grant amount.--A grant made under this program shall be
for no more than $25,000,000.
(c) Eligible Applicants.--The Secretary may make a grant
under this section to--
(1) a State;
(2) a metropolitan planning organization or a regional
transportation planning organization;
(3) a unit of local government;
(4) a Federal land management agency;
(5) a Tribal government or a consortium of Tribal
governments;
(6) a territory; and
(7) a multijurisdictional group of entities described in
this subsection.
(d) Applications.--To be eligible for a grant under this
section, an entity specified under subsection (c) shall
submit to the Secretary an application in such form, at such
time, and containing such information as the Secretary
determines is appropriate.
(e) Eligible Projects.--The Secretary shall provide grants
under this section to projects eligible under title 23,
United States Code, including projects on and off the
Federal-aid highway system, that improve safety, state of
good repair, or connectivity in a rural community, including
projects to--
(1) improve transportation safety, including projects on
high-risk rural roads and on Federal lands;
(2) improve state of good repair, including projects to
repair and rehabilitate bridges on and off the Federal-aid
highway system;
(3) provide or increase access to jobs and services;
(4) provide or increase access to--
(A) a grain elevator;
(B) an agricultural facility;
(C) a mining facility;
(D) a forestry facility;
(E) an intermodal facility;
(F) travel or tourism destinations; or
(G) any other facility that supports the economy of a rural
community; and
(5) reduce vehicle-wildlife collisions and improve habitat
connectivity.
(f) Eligible Project Costs.--Grant amounts for a project
under this section 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; 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) Federal Share.--
(1) In general.--The share of the cost of a project
provided with a grant under this section may not exceed 80
percent of the total cost of such project.
(2) Maximum federal assistance.--Federal assistance other
than a grant under this section may be used to satisfy up to
100 percent of the total cost of such project.
(h) Priority.--In making grants under this section, the
Secretary shall prioritize projects that address--
(1) significant transportation safety challenges;
(2) state of good repair challenges that pose safety risks
or risks to a local economy;
(3) economic development challenges;
[[Page H2729]]
(4) connectivity challenges that limit access to jobs or
services; and
(5) coordination of projects in the highway right-of-way
with proposed broadband service infrastructure needs.
(i) Notification.--Not later than 3 business days before
awarding a grant under this section, the Secretary of
Transportation shall notify the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate of
the intention to award such a grant.
(j) Treatment of Projects.--Notwithstanding any other
provision of law, a project carried out under this section
shall be treated as if the project is located on a Federal-
aid highway.
(k) Definition of Rural Community.--In this section, the
term ``rural community'' means an area that is not an
urbanized area, as such term is defined in section 101(a) of
title 23, United States Code.
SEC. 1308. PARKING FOR COMMERCIAL MOTOR VEHICLES.
(a) Establishment.--The Secretary of Transportation shall
establish a program under which the Secretary shall make
grants, on a competitive basis, to eligible entities to
address the shortage of parking for commercial motor vehicles
to improve the safety of commercial motor vehicle operators.
(b) Applications.--To be eligible for a grant under this
section, 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.
(c) Eligible Projects.--Projects eligible under this
section are projects that--
(1) construct safety rest areas that include parking for
commercial motor vehicles;
(2) construct commercial motor vehicle parking facilities--
(A) adjacent to private commercial truckstops and travel
plazas;
(B) within the boundaries of, or adjacent to, a publicly
owned freight facility, including a port terminal operated by
a public authority; and
(C) at existing facilities, including inspection and weigh
stations and park-and-ride locations;
(3) open existing weigh stations, safety rest areas, and
park-and-ride facilities to commercial motor vehicle parking;
(4) facilitate access to publicly and privately provided
commercial motor vehicle parking, such as through the use of
intelligent transportation systems;
(5) construct turnouts along a Federal-aid highway for
commercial motor vehicles;
(6) make capital improvements to public commercial motor
vehicle parking facilities that are closed on a seasonal
basis to allow the facilities to remain open year-round;
(7) open existing commercial motor vehicle chain-up areas
that are closed on a seasonal basis to allow the facilities
to remain open year-round for commercial motor vehicle
parking;
(8) address commercial motor vehicle parking and layover
needs in emergencies that strain the capacity of existing
publicly and privately provided commercial motor vehicle
parking; and
(9) make improvements to existing commercial motor vehicle
parking facilities, including advanced truckstop
electrification systems.
(d) Use of Funds.--
(1) In general.--An eligible entity may use a grant under
this section for--
(A) development phase activities, including planning,
feasibility analysis, benefit-cost analysis, environmental
review, preliminary engineering and design work, and other
preconstruction activities necessary to advance a project
described in subsection (c); and
(B) construction and operational improvements, as such
terms are defined in section 101 of title 23, United States
Code.
(2) Private sector participation.--An eligible entity that
receives a grant under this section may partner with a
private entity to carry out an eligible project under this
section.
(3) Limitation.--Not more than 10 percent of the amounts
made available to carry out this section may be used to
promote the availability of existing commercial motor vehicle
parking.
(e) Selection Criteria.--In making grants under this
section, the Secretary shall consider--
(1) in the case of construction of new commercial motor
vehicle parking capacity, the shortage of public and private
commercial motor vehicle parking near the project; and
(2) the extent to which each project--
(A) would increase commercial motor vehicle parking
capacity or utilization;
(B) would facilitate the efficient movement of freight;
(C) would improve safety, traffic congestion, and air
quality;
(D) is cost effective; and
(E) reflects consultation with motor carriers, commercial
motor vehicle operators, and private providers of commercial
motor vehicle parking.
(f) Notification of Congress.--Not later than 3 business
days before announcing a project selected to receive a grant
under this section, the Secretary of Transportation shall
notify the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Environment
and Public Works of the Senate of the intention to award such
a grant.
(g) Treatment of Funds.--
(1) Treatment of projects.--Notwithstanding any other
provision of law, any project funded by a grant under this
section shall be treated as a project on a Federal-aid
highway under chapter 1 of title 23, United States Code.
(2) Federal share.--The Federal share of the cost of a
project under this section shall be determined in accordance
with subsections (b) and (c) of section 120 of title 23,
United States Code.
(h) Prohibition on Charging Fees.--To be eligible for a
grant under this section, an eligible entity shall certify
that no fees will be charged for the use of a project
assisted with such grant.
(i) Amendment to MAP-21.--Section 1401(c)(1) of MAP-21 (23
U.S.C. 137 note) is amended--
(1) by inserting ``and private providers of commercial
motor vehicle parking'' after ``personnel''; and
(2) in subparagraph (A) by striking ``the capability of the
State to provide'' and inserting ``the availability of''.
(j) Survey; Comparative Assessment; Report.--
(1) Update.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall update the survey
of each State required under section 1401(c)(1) of the MAP-21
(23 U.S.C. 137 note).
(2) Report.--Not later than 1 year after the deadline under
paragraph (1), the Secretary shall publish on the website of
the Department of Transportation a report that--
(A) evaluates the availability of adequate parking and rest
facilities for commercial motor vehicles engaged in
interstate transportation;
(B) evaluates the effectiveness of the projects funded
under this section in improving access to commercial motor
vehicle parking; and
(C) reports on the progress being made to provide adequate
commercial motor vehicle parking facilities in the State.
(3) Consultation.--The Secretary shall prepare the report
required under paragraph (2) in consultation with--
(A) relevant State motor carrier safety personnel;
(B) motor carriers and commercial motor vehicle operators;
and
(C) private providers of commercial motor vehicle parking.
(k) Definitions.--In this section:
(1) Commercial motor vehicle.--The term ``commercial motor
vehicle'' has the meaning given such term in section 31132 of
title 49, United States Code.
(2) Eligible entity.--The term ``eligible entity'' means--
(A) a State;
(B) a metropolitan planning organization;
(C) a unit of local government;
(D) a political subdivision of a State or local government
carrying out responsibilities relating to commercial motor
vehicle parking; and
(E) a multistate or multijurisdictional group of entities
described in subparagraphs (A) through (D).
(3) Safety rest area.--The term ``safety rest area'' has
the meaning given such term in section 120(c) of title 23,
United States Code.
SEC. 1309. ACTIVE TRANSPORTATION CONNECTIVITY GRANT PROGRAM.
(a) Establishment.--The Secretary of Transportation shall
establish an active transportation connectivity grant program
to provide for safe and connected active transportation
facilities.
(b) Grant Authority.--In carrying out the program
established in subsection (a), the Secretary shall make
grants, on a competitive basis, in accordance with this
section.
(c) Eligible Applicants.--The Secretary may make a grant
under this section to--
(1) a State;
(2) a metropolitan planning organization;
(3) a regional transportation authority;
(4) a unit of local government, including a county or
multi-county special district;
(5) a Federal land management agency;
(6) a natural resource or public land agency;
(7) a Tribal government or a consortium of Tribal
governments;
(8) any local or regional governmental entity with
responsibility for or oversight of transportation or
recreational trails; and
(9) a multistate or multijurisdictional group of entities
described in this subsection.
(d) Applications.--To be eligible for a grant under this
section, an entity specified under subsection (c) shall
submit to the Secretary an application in such form, at such
time, and containing such information as the Secretary
determines is appropriate.
(e) Eligible Projects.--The Secretary shall provide grants
under this section to projects that improve the connectivity
and the use of active transportation facilities--
(1) including--
(A) active transportation networks;
(B) active transportation spines; and
(C) planning related to the development of--
(i) active transportation networks;
(ii) active transportation spines; and
(iii) complete streets plans to create a connected network
of active transportation facilities, including sidewalks,
bikeways, or pedestrian and bicycle trails; and
(2) that have--
(A) total project costs of not less than $15,000,000; or
(B) in the case of planning grants under subsection (f), a
total cost of not less than $100,000.
(f) Planning Grants.--Of the amounts made available to
carry out this section, the Secretary may use not more than
10 percent to provide planning grants to eligible applicants
for activities under subsection (e)(1)(C).
(g) Considerations.--In making grants under this section,
the Secretary shall consider the extent to which--
(1) a project is likely to provide substantial additional
opportunities for walking and bicycling, including through
the creation of--
(A) active transportation networks connecting destinations
within or between communities, including schools, workplaces,
residences, businesses, recreation areas, and other community
areas; and
(B) active transportation spines connecting 2 or more
communities, metropolitan areas, or States;
(2) an applicant has adequately considered or will
consider, including through the opportunity
[[Page H2730]]
for public comment, the environmental justice and equity
impacts of the project;
(3) the project would improve safety for vulnerable road
users, including through the use of complete street design
policies or a safe system approach; and
(4) a project integrates active transportation facilities
with public transportation services, where available, to
improve access to public transportation.
(h) Limitation.--
(1) In general.--The share of the cost of a project
assisted with a grant under this section may not exceed 80
percent.
(2) Maximum federal assistance.--Federal assistance other
than a grant under this section may be used to satisfy up to
100 percent of the total project cost.
(i) Eligible Project Costs.--Amounts made available for a
project under this section 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; 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.
(j) Notification.--Not later than 3 business days before
awarding a grant under this section, the Secretary of
Transportation shall notify the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate of
the intention to award such a grant.
(k) Treatment of Projects.--Notwithstanding any other
provision of law, a project carried out under this section
shall be treated in the manner described under section 133(i)
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 destinations within a
community, a metropolitan area, or on Federal lands.
(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 communities, metropolitan
areas, Federal lands, or States.
(4) Safe system approach.--The term ``safe system
approach'' has the meaning given such term in section 148(a)
of title 23, United States Code.
(5) Vulnerable road user.--The term ``vulnerable road
user'' has the meaning given such term in section 148(a) of
title 23, United States Code.
Subtitle D--Planning, Performance Management, and Asset Management
SEC. 1401. METROPOLITAN TRANSPORTATION PLANNING.
Section 134 of title 23, United States Code, is amended--
(1) in subsection (a) by striking ``resiliency needs while
minimizing transportation-related fuel consumption and air
pollution'' and inserting ``resilience and climate change
adaptation needs while reducing transportation-related fuel
consumption, air pollution, and greenhouse gas emissions'';
(2) in subsection (b)--
(A) by redesignating paragraphs (6) and (7) as paragraphs
(7) and (8), respectively; and
(B) by inserting after paragraph (5) the following:
``(6) STIP.--The term `STIP' means a statewide
transportation improvement program developed by a State under
section 135(g).'';
(3) in subsection (c)--
(A) in paragraph (1) by striking ``and transportation
improvement programs'' and inserting ``and TIPs''; and
(B) by adding at the end the following:
``(4) Consideration.--In developing the plans and TIPs,
metropolitan planning organizations shall consider direct and
indirect emissions of greenhouse gases.'';
(4) in subsection (d)--
(A) in paragraph (2) by striking ``Not later than 2 years
after the date of enactment of MAP-21, each'' and inserting
``Each'';
(B) in paragraph (3) by adding at the end the following:
``(D) Considerations.--
``(i) Equitable and proportional representation.--In
designating officials or representatives under paragraph (2),
the metropolitan planning organization shall consider the
equitable and proportional representation of the population
of the metropolitan planning area.
``(ii) Savings clause.--Nothing in this paragraph shall
require a metropolitan planning organization in existence on
the date of enactment of this subparagraph to be
restructured.
``(iii) Redesignation.--Notwithstanding clause (ii), the
requirements of this paragraph shall apply to any
metropolitan planning organization redesignated under
paragraph (6).'';
(C) in paragraph (6)(B) by striking ``paragraph (2)'' and
inserting ``paragraphs (2) or (3)(D)''; and
(D) in paragraph (7)--
(i) by striking ``an existing metropolitan planning area''
and inserting ``an urbanized area''; and
(ii) by striking ``the existing metropolitan planning
area'' and inserting ``the area'';
(5) in subsection (g)--
(A) in paragraph (1) by striking ``a metropolitan area''
and inserting ``an urbanized area'';
(B) in paragraph (2) by striking ``mpos'' and inserting
``metropolitan planning areas'';
(C) in paragraph (3)(A) by inserting ``emergency response
and evacuation, climate change adaptation and resilience,''
after ``disaster risk reduction,''; and
(D) by adding at the end the following:
``(4) Coordination between mpos.--
``(A) In general.--If more than 1 metropolitan planning
organization is designated within an urbanized area 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
transportation demand.
``(B) Savings clause.--Nothing in this paragraph 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.'';
(6) in subsection (h)(1)--
(A) by striking subparagraph (E) and inserting the
following:
``(E) protect and enhance the environment, promote energy
conservation, reduce greenhouse gas emissions, improve the
quality of life and public health, and promote consistency
between transportation improvements and State and local
planned growth and economic development patterns, including
housing and land use patterns;'';
(B) in subparagraph (I)--
(i) by inserting ``, sea level rise, extreme weather, and
climate change'' after ``stormwater''; and
(ii) by striking ``and'' at the end;
(C) by redesignating subparagraph (J) as subparagraph (M);
and
(D) by inserting after subparagraph (I) the following:
``(J) facilitate emergency management, response, and
evacuation and hazard mitigation;
``(K) improve the level of transportation system access;
``(L) support inclusive zoning policies and land use
planning practices that incentivize affordable, elastic, and
diverse housing supply, facilitate long-term economic growth
by improving the accessibility of housing to jobs, and
prevent high housing costs from displacing economically
disadvantaged households; and'';
(7) in subsection (h)(2) by striking subparagraph (A) and
inserting the following:
``(A) In general.--Through the use of a performance-based
approach, transportation investment decisions made as a part
of the metropolitan transportation planning process shall
support the national goals described in section 150(b), the
achievement of metropolitan and statewide targets established
under section 150(d), the improvement of transportation
system access (consistent with section 150(f)), and the
general purposes described in section 5301 of title 49.'';
(8) in subsection (i)--
(A) in paragraph (2)(D)(i) by inserting ``reduce greenhouse
gas emissions and'' before ``restore and maintain'';
(B) in paragraph (2)(G) by inserting ``and climate change''
after ``infrastructure to natural disasters'';
(C) in paragraph (2)(H) by inserting ``greenhouse gas
emissions,'' after ``pollution,'';
(D) in paragraph (5)--
(i) in subparagraph (A) by inserting ``air quality, public
health, housing, transportation, resilience, hazard
mitigation, emergency management,'' after ``conservation,'';
and
(ii) by striking subparagraph (B) and inserting the
following:
``(B) Issues.--The consultation shall involve, as
appropriate, comparison of transportation plans to other
relevant plans, including, if available--
``(i) State conservation plans or maps; and
``(ii) inventories of natural or historic resources.''; and
(E) by amending paragraph (6)(C) to read as follows:
``(C) Methods.--
``(i) In general.--In carrying out subparagraph (A), the
metropolitan planning organization shall, to the maximum
extent practicable--
``(I) hold any public meetings at convenient and accessible
locations and times;
``(II) employ visualization techniques to describe plans;
and
``(III) make public information available in electronically
accessible format and means, such as the internet, as
appropriate to afford reasonable opportunity for
consideration of public information under subparagraph (A).
``(ii) Additional methods.--In addition to the methods
described in clause (i), in carrying out subparagraph (A),
the metropolitan planning organization shall, to the maximum
extent practicable--
``(I) use virtual public involvement, social media, and
other web-based tools to encourage public participation and
solicit public feedback; and
``(II) use other methods, as appropriate, to further
encourage public participation of historically
underrepresented individuals in the transportation planning
process.'';
(9) in subsection (j) by striking ``transportation
improvement program'' and inserting ``TIP'' each place it
appears; and
(10) by striking ``Federally'' each place it appears and
inserting ``federally''.
SEC. 1402. STATEWIDE AND NONMETROPOLITAN TRANSPORTATION
PLANNING.
Section 135 of title 23, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1) by striking ``statewide transportation
improvement program'' and inserting ``STIP'';
[[Page H2731]]
(B) in paragraph (2)--
(i) by striking ``The statewide transportation plan and
the'' and inserting the following:
``(A) In general.--The statewide transportation plan and
the'';
(ii) by striking ``transportation improvement program'' and
inserting ``STIP''; and
(iii) by adding at the end the following:
``(B) Consideration.--In developing the statewide
transportation plans and STIPs, States shall consider direct
and indirect emissions of greenhouse gases.''; and
(C) in paragraph (3) by striking ``transportation
improvement program'' and inserting ``STIP'';
(2) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (E)--
(I) by inserting ``reduce greenhouse gas emissions,'' after
``promote energy conservation,'';
(II) by inserting ``and public health'' after ``improve the
quality of life''; and
(III) by inserting ``, including housing and land use
patterns'' after ``economic development patterns'';
(ii) in subparagraph (I)--
(I) by inserting ``, sea level rise, extreme weather, and
climate change'' after ``mitigate stormwater''; and
(II) by striking ``and'' after the semicolon;
(iii) by redesignating subparagraph (J) as subparagraph
(M); and
(iv) by inserting after subparagraph (I) the following:
``(J) facilitate emergency management, response, and
evacuation and hazard mitigation;
``(K) improve the level of transportation system access;
``(L) support inclusive zoning policies and land use
planning practices that incentivize affordable, elastic, and
diverse housing supply, facilitate long-term economic growth
by improving the accessibility of housing to jobs, and
prevent high housing costs from displacing economically
disadvantaged households; and'';
(B) in paragraph (2)--
(i) by striking subparagraph (A) and inserting the
following:
``(A) In general.--Through the use of a performance-based
approach, transportation investment decisions made as a part
of the statewide transportation planning process shall
support--
``(i) the national goals described in section 150(b);
``(ii) the consideration of transportation system access
(consistent with section 150(f));
``(iii) the achievement of statewide targets established
under section 150(d); and
``(iv) the general purposes described in section 5301 of
title 49.''; and
(ii) in subparagraph (D) by striking ``statewide
transportation improvement program'' and inserting ``STIP'';
and
(C) in paragraph (3) by striking ``statewide transportation
improvement program'' and inserting ``STIP'';
(3) in subsection (e)(3) by striking ``transportation
improvement program'' and inserting ``STIP'';
(4) in subsection (f)--
(A) in paragraph (2)(D)--
(i) in clause (i) by inserting ``air quality, public
health, housing, transportation, resilience, hazard
mitigation, emergency management,'' after ``conservation,'';
and
(ii) by amending clause (ii) to read as follows:
``(ii) Comparison and consideration.--Consultation under
clause (i) shall involve the comparison of transportation
plans to other relevant plans and inventories, including, if
available--
``(I) State and tribal conservation plans or maps; and
``(II) inventories of natural or historic resources.'';
(B) in paragraph (3)(B)--
(i) by striking ``In carrying out'' and inserting the
following:
``(i) In general.--in carrying out'';
(ii) by redesignating clauses (i) through (iv) as
subclauses (I) through (IV), respectively; and
(iii) by adding at the end the following:
``(ii) Additional methods.--In addition to the methods
described in clause (i), in carrying out subparagraph (A),
the State shall, to the maximum extent practicable--
``(I) use virtual public involvement, social media, and
other web-based tools to encourage public participation and
solicit public feedback; and
``(II) use other methods, as appropriate, to further
encourage public participation of historically
underrepresented individuals in the transportation planning
process.'';
(C) in paragraph (4)(A) by inserting ``reduce greenhouse
gas emissions and'' after ``potential to''; and
(D) in paragraph (8) by inserting ``greenhouse gas
emissions,'' after ``pollution,'';
(5) in subsection (g)--
(A) in paragraph (1)(A) by striking ``statewide
transportation improvement program'' and inserting ``STIP'';
(B) in paragraph (3) by striking ``operators),,'' and
inserting ``operators),'';
(C) in paragraph (4) by striking ``statewide transportation
improvement program'' and inserting ``STIP'' each place it
appears;
(D) in paragraph (5)--
(i) in subparagraph (A) by striking ``transportation
improvement program'' and inserting ``STIP'';
(ii) in subparagraph (B)(ii) by striking ``metropolitan
transportation improvement program'' and inserting ``TIP'';
(iii) in subparagraph (C) by striking ``transportation
improvement program'' and inserting ``STIP'' each place it
appears;
(iv) in subparagraph (E) by striking ``transportation
improvement program'' and inserting ``STIP'';
(v) in subparagraph (F)(i) by striking ``transportation
improvement program'' and inserting ``STIP'' each place it
appears;
(vi) in subparagraph (G)(ii) by striking ``transportation
improvement program'' and inserting ``STIP''; and
(vii) in subparagraph (H) by striking ``transportation
improvement program'' and inserting ``STIP'';
(E) in paragraph (6)--
(i) in subparagraph (A)--
(I) by striking ``transportation improvement program'' and
inserting ``STIP''; and
(II) by striking ``and projects carried out under the
bridge program or the Interstate maintenance program''; and
(ii) in subparagraph (B)--
(I) by striking ``or under the bridge program or the
Interstate maintenance program'';
(II) by striking ``5310, 5311, 5316, and 5317'' and
inserting ``5310 and 5311''; and
(III) by striking ``statewide transportation improvement
program'' and inserting ``STIP'';
(F) in paragraph (7)--
(i) in the heading by striking ``Transportation improvement
program'' and inserting ``STIP''; and
(ii) by striking ``transportation improvement program'' and
inserting ``STIP'';
(G) in paragraph (8) by striking ``statewide transportation
plans and programs'' and inserting ``statewide transportation
plans and STIPs''; and
(H) in paragraph (9) by striking ``transportation
improvement program'' and inserting ``STIP'';
(6) in subsection (h)(2)(A) by striking ``Not later than 5
years after the date of enactment of the MAP-21,'' and
inserting ``Not less frequently than once every 4 years,'';
(7) in subsection (k) by striking ``transportation
improvement program'' and inserting ``STIP'' each place it
appears; and
(8) in subsection (m) by striking ``transportation
improvement programs'' and inserting ``STIPs''.
SEC. 1403. NATIONAL GOALS AND PERFORMANCE MANAGEMENT
MEASURES.
(a) In General.--Section 150 of title 23, United States
Code, is amended--
(1) in subsection (b)--
(A) by redesignating paragraph (7) as paragraph (8); and
(B) by inserting after paragraph (6) the following:
``(7) Combating climate change.--To reduce carbon dioxide
and other greenhouse gas emissions and reduce the climate
impacts of the transportation system.'';
(2) in subsection (c)--
(A) in paragraph (1) by striking ``Not later than 18 months
after the date of enactment of the MAP-21, the Secretary''
and inserting ``The Secretary''; and
(B) by adding at the end the following:
``(7) Greenhouse gas emissions.--The Secretary shall
establish, in consultation with the Administrator of the
Environmental Protection Agency, measures for States to use
to assess--
``(A) carbon dioxide emissions per capita on public roads;
and
``(B) any other greenhouse gas emissions per capita on
public roads that the Secretary determines to be
appropriate.'';
(3) in subsection (d)--
(A) in paragraph (1)--
(i) by striking ``Not later than 1 year after the Secretary
has promulgated the final rulemaking under subsection (c),
each'' and inserting ``Each''; and
(ii) by striking ``and (6)'' and inserting ``(6), and
(7)''; and
(B) by adding at the end the following:
``(3) Regressive targets.--
``(A) In general.--A State may not establish a regressive
target for the measures described under paragraph (4) or
paragraph (7) of subsection (c).
``(B) Regressive target defined.--In this paragraph, the
term `regressive target' means a target that fails to
demonstrate constant or improved performance for a particular
measure.'';
(4) in subsection (e)--
(A) by striking ``Not later than 4 years after the date of
enactment of the MAP-21 and biennially thereafter, a'' and
inserting ``A''; and
(B) by inserting ``biennial'' after ``the Secretary a'';
and
(5) by adding at the end the following:
``(f) Transportation System Access.--
``(1) In general.--The Secretary shall establish measures
for States and metropolitan planning organizations to use to
assess the level of safe, reliable, and convenient
transportation system access to--
``(A) employment; and
``(B) services.
``(2) Considerations.--The measures established pursuant to
paragraph (1) shall include the ability for States and
metropolitan planning organizations to assess--
``(A) the change in the level of transportation system
access for various modes of travel, including connection to
other modes of transportation, that would result from new
transportation investments;
``(B) the level of transportation system access for
economically disadvantaged communities, including to
affordable housing; and
``(C) the extent to which transportation access is impacted
by zoning policies and land use planning practices that
effect the affordability, elasticity, and diversity of the
housing supply.
``(3) Definition of services.--In this subsection, the term
`services' includes healthcare facilities, child care,
education and workforce training, food sources, banking and
other financial institutions, and other retail shopping
establishments.''.
(b) Metropolitan Transportation Planning.--Section 134 of
title 23, United States Code, is further amended--
(1) in subsection (j)(2)(D)--
(A) by striking ``Performance target achievement'' in the
heading and inserting ``Performance management'';
[[Page H2732]]
(B) by striking ``The TIP'' and inserting the following:
``(i) In general.--The TIP''; and
(C) by adding at the end the following:
``(ii) Transportation management areas.--For metropolitan
planning areas that represent an urbanized area designated as
a transportation management area under subsection (k), the
TIP shall include--
``(I) a discussion of the anticipated effect of the TIP
toward achieving the performance targets established in the
metropolitan transportation plan, linking investment
priorities to such performance targets; and
``(II) a description of how the TIP would improve the
overall level of transportation system access, consistent
with section 150(f).'';
(2) in subsection (k)--
(A) in paragraph (3)(A)--
(i) by striking ``shall address congestion management'' and
inserting the following: ``shall address--
``(i) congestion management'';
(ii) by striking the period at the end and inserting ``;
and''; and
(iii) by adding at the end the following:
``(ii) the overall level of transportation system access
for various modes of travel within the metropolitan planning
area, including the level of access for economically
disadvantaged communities, consistent with section 150(f),
that is based on a cooperatively developed and implemented
metropolitan-wide strategy, assessing both new and existing
transportation facilities eligible for funding under this
title and chapter 53 of title 49.''; and
(B) in paragraph (5)(B)--
(i) in clause (i) by striking ``; and'' and inserting a
semicolon;
(ii) in clause (ii) by striking the period and inserting
``; and''; and
(iii) by adding at the end the following:
``(iii) the TIP approved under clause (ii) improves the
level of transportation system access, consistent with
section 150(f).''; and
(3) in subsection (l)(2)--
(A) by striking ``5 years after the date of enactment of
the MAP-21'' and inserting ``2 years after the date of
enactment of the INVEST in America Act, and every 2 years
thereafter'';
(B) in subparagraph (C) by striking ``and whether
metropolitan planning organizations are developing meaningful
performance targets; and'' and inserting a semicolon; and
(C) by striking subparagraph (D) and inserting the
following:
``(D) a listing of all metropolitan planning organizations
that are establishing performance targets and whether such
performance targets established by the metropolitan planning
organization are meaningful or regressive (as defined in
section 150(d)(3)(B)); and
``(E) the progress of implementing the measure established
under section 150(f).''.
(c) Statewide and Nonmetropolitan Transportation
Planning.--Section 135(g)(4) of title 23, United States Code,
is further amended--
(1) by striking ``Performance target achievement'' in the
heading and inserting ``Performance management'';
(2) by striking ``shall include, to the maximum extent
practicable, a discussion'' and inserting the following:
``shall include--
``(A) a discussion'';
(3) by striking the period at the end and inserting ``;
and''; and
(4) by adding at the end the following:
``(B) a consideration of how the STIP impacts the overall
level of transportation system access, consistent with
section 150(f).''.
(d) Effective Date.--The amendment made by subsection
(a)(3)(B) shall take effect 1 year before the subsequent
State target and reporting deadlines established pursuant to
section 150 of title 23, United States Code.
(e) Development of Greenhouse Gas Measure.--Not later than
1 year after the date of enactment of this Act, the Secretary
of Transportation shall issue such regulations as are
necessary to carry out paragraph (7) of section 150(c) of
title 23, United States Code, as added by this Act.
(f) Development of Transportation System Access Measure.--
(1) Establishment.--Not later than 120 days after the date
of enactment of this Act, the Secretary of Transportation
shall establish a working group to assess the provisions of
paragraphs (1) and (2) of section 150(f) and make
recommendations regarding the establishment of measures for
States and metropolitan planning organizations to use to
assess the level of transportation system access for various
modes of travel, consistent with section 150(f) of title 23,
United States Code.
(2) Members.--The working group established pursuant to
paragraph (1) shall include representatives from--
(A) the Department of Transportation;
(B) State departments of transportation, including
representatives that specialize in pedestrian and bicycle
safety;
(C) the Bureau of Transportation Statistics;
(D) metropolitan planning organizations representing
transportation management areas (as those terms are defined
in section 134 of title 23, United States Code);
(E) other metropolitan planning organizations or local
governments;
(F) providers of public transportation;
(G) nonprofit entities related to transportation, including
relevant safety groups;
(H) experts in the field of transportation access data; and
(I) any other stakeholders, as determined by the Secretary.
(3) Report.--
(A) Submission.--Not later than 1 year after the
establishment of the working group pursuant to paragraph (1),
the working group shall submit to the Secretary a report of
recommendations regarding the establishment of measures for
States and metropolitan planning organizations to use to
assess the level of transportation system access, consistent
with section 150(f) of title 23, United States Code.
(B) Publication.--Not later than 30 days after the date on
which the Secretary receives the report under subparagraph
(A), the Secretary shall publish the report on a publicly
accessible website of the Department of Transportation.
(4) Rulemaking.--Not later than 2 years after the date on
which the Secretary receives the report under paragraph (3),
the Secretary shall issue such regulations as are necessary
to implement the requirements of section 150(f) of title 23,
United States Code.
(5) Termination.--The Secretary shall terminate the working
group established pursuant to paragraph (1) on the date on
which the regulation issued pursuant to paragraph (4) takes
effect.
(g) Transportation System Access Data.--
(1) In general.--Not later than 90 days after the date on
which the Secretary of Transportation establishes the measure
required under section 150(f) of title 23, United States
Code, the Secretary shall develop or procure eligible
transportation system access data sets and analytical tools
and make such data sets and analytical tools available to
State departments of transportation and metropolitan planning
areas that represent transportation management areas.
(2) Requirements.--An eligible transportation system access
data set and analytical tool shall have the following
characteristics:
(A) The ability to quantify the level of safe, reliable,
and convenient transportation system access to--
(i) employment;
(ii) services; and
(iii) connections to other modes of transportation.
(B) The ability to quantify transportation system access
for various modes of travel, including--
(i) driving;
(ii) public transportation;
(iii) walking (including conveyance for persons with
disabilities); and
(iv) cycling (including micromobility).
(C) The ability to disaggregate the level of transportation
system access by various transportation modes by a variety of
population categories, including--
(i) low-income populations;
(ii) minority populations;
(iii) age;
(iv) disability; and
(v) geographical location.
(D) The ability to assess the change in the level of
transportation system access that would result from new
transportation investments.
(3) Consideration.--An eligible transportation system
access data set and analytical tool shall take into
consideration safe and connected networks for walking,
cycling, and persons with disabilities.
(h) Definitions.--In this section:
(1) Transportation system access.--The term
``transportation system access'' has the meaning given such
term in section 101 of title 23, United States Code.
(2) Services.--The term ``services'' has the meaning given
such term in section 150(f) of title 23, United States Code.
SEC. 1404. TRANSPORTATION DEMAND DATA AND MODELING STUDY.
(a) Study.--
(1) In general.--The Secretary of Transportation shall
conduct a study on transportation demand data and modeling,
including transportation demand forecasting.
(2) Contents.--In carrying out the study under this
section, the Secretary shall--
(A) collect observed transportation demand data and
transportation demand forecasts from States and metropolitan
planning organizations, including data and forecasts on--
(i) traffic counts;
(ii) transportation mode share and public transportation
ridership; and
(iii) vehicle occupancy measures;
(B) compare the transportation demand forecasts with the
observed transportation demand data gathered under
subparagraph (A); and
(C) use the information described in subparagraphs (A) and
(B) to--
(i) develop best practices and guidance for States and
metropolitan planning organizations to use in forecasting
transportation demand for future investments in
transportation improvements;
(ii) evaluate the impact of transportation investments,
including new roadway capacity, on transportation behavior
and transportation demand, including public transportation
ridership, induced highway transportation, and congestion;
(iii) support more accurate transportation demand
forecasting by States and metropolitan planning
organizations;
(iv) enhance the capacity of States and metropolitan
planning organizations to--
(I) forecast transportation demand; and
(II) track observed transportation behavior responses,
including induced transportation, to changes in
transportation capacity, pricing, and land use patterns; and
(v) develop transportation demand management strategies to
maximize the efficiency of the transportation system, improve
mobility, reduce congestion, and lower vehicle emissions.
(3) Covered entities.--In carrying out the study under this
section, the Secretary shall ensure that data and forecasts
described in paragraph (2)(A) are collected from--
(A) States;
(B) metropolitan planning organizations that serve an area
with a population of 200,000 people or fewer; and
(C) metropolitan planning organizations that serve an area
with a population of over 200,000 people.
[[Page H2733]]
(4) Working with the private sector.--In carrying out this
section, the Secretary may, and is encouraged to, procure
additional data as necessary from university transportation
centers, private sector providers, and other entities as is
needed and may use funds authorized under section 503(b) of
title 23, United States Code, for carrying out this
paragraph.
(b) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to Congress
a report containing the findings of the study conducted under
subsection (a).
(c) 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
transportation plans, models, and demand forecasts.
SEC. 1405. 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''.
Subtitle E--Federal Lands, Tribes, and Territories
SEC. 1501. TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM.
Section 165 of title 23, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1) by striking ``$158,000,000'' and
inserting ``$210,000,000''; and
(B) in paragraph (2) by striking ``$42,000,000'' and
inserting ``$100,000,000'';
(2) in subsection (c)(6)(A)(iii) by striking ``in
accordance with subsections (b) and (c) of section 129'' and
inserting ``including such boats, facilities, and approaches
that are privately or majority-privately owned, provided that
such boats, facilities, and approaches provide a substantial
public benefit''; and
(3) by adding at the end the following:
``(d) Participation of Territories in Discretionary
Programs.--For any program in which the Secretary may
allocate funds out of the Highway Trust Fund (other than the
Mass Transit Account) to a State at the discretion of the
Secretary, the Secretary may allocate funds to one or more
territory for any project or activity that otherwise would be
eligible under such program if such project or activity was
being carried out in a State.''.
SEC. 1502. TRIBAL TRANSPORTATION PROGRAM.
Section 202 of title 23, United States Code, is amended--
(1) in subsection (d)--
(A) in paragraph (1) by striking ``improving deficient''
and inserting ``the construction and reconstruction of'';
(B) in paragraph (2)--
(i) in subparagraph (A) by inserting ``construct,'' after
``project to''; and
(ii) in subparagraph (B)--
(I) by striking ``deficient''; and
(II) by inserting ``in poor condition'' after ``facility
bridges''; and
(C) in paragraph (3)--
(i) in the heading by striking ``Eligible bridges'' and
inserting ``Eligibility for existing bridges'';
(ii) by striking ``a bridge'' and inserting ``an existing
bridge''; and
(iii) in subparagraph (C) by striking ``structurally
deficient or functionally obsolete'' and inserting ``in poor
condition''; and
(2) in subsection (e) by striking ``for eligible projects
described in section 148(a)(4).'' and inserting the
following: ``for--
``(A) eligible projects described in section 148(a)(4);
``(B) projects to promote public awareness and education
concerning highway safety matters (including bicycle, all-
terrain, motorcyclist, and pedestrian safety); or
``(C) projects to enforce highway safety laws.''.
SEC. 1503. TRIBAL HIGH PRIORITY PROJECTS PROGRAM.
(a) Tribal Transportation Program.--Section 202 of title
23, United States Code, is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following:
``(f) Tribal High Priority Projects Program.--Before making
any distribution under subsection (b), the Secretary shall
set aside $50,000,000 from the funds made available under the
tribal transportation program for each fiscal year to carry
out the Tribal High Priority Projects program under section
1123 of MAP-21 (23 U.S.C. 202 note).''.
(b) Tribal High Priority Projects Program.--Section 1123 of
MAP-21 (23 U.S.C. 202 note) is amended--
(1) in subsection (a)(1)(C) by striking ``required by that
section'' and inserting ``required under such program'';
(2) in subsection (b)(1) by striking ``use amounts made
available under subsection (h) to'';
(3) in subsection (d)--
(A) in paragraph (2) by inserting ``, in consultation with
the Secretary of the Interior,'' after ``The Secretary''; and
(B) in paragraph (3) by striking ``of the Interior'' each
place it appears;
(4) in subsection (f) by striking ``$1,000,000'' and
inserting ``$5,000,000'';
(5) in subsection (g) by striking ``and the Secretary'' and
inserting ``or the Secretary''; and
(6) by striking subsection (h) and inserting the following:
``(h) Administration.--The funds made available to carry
out this section shall be administered in the same manner as
funds made available for the Tribal transportation program
under section 202 of title 23, United States Code.''.
SEC. 1504. FEDERAL LANDS TRANSPORTATION PROGRAM.
(a) In General.--Section 203(a) of title 23, United States
Code, is amended by adding at the end the following:
``(6) Transfer for high-commuter corridors.--
``(A) Request.--If the head of a covered agency determines
that a high-commuter corridor requires additional investment,
based on the criteria described in subparagraph (D), the head
of a covered agency, with respect to such corridor, shall
submit to the State--
``(i) information on condition of pavements and bridges;
``(ii) an estimate of the amounts needed to bring such
corridor into a state of good repair, taking into
consideration any planned future investments; and
``(iii) at the discretion of the head of a covered agency,
a request that the State transfer to the covered agency,
under the authority of section 132 or section 204, or to the
Federal Highway Administration, under the authority of
section 104, a portion of such amounts necessary to address
the condition of the corridor.
``(B) State response.--Not later than 45 days after the
date of receipt of the request described in subparagraph
(A)(iii), the State shall--
``(i) approve the request;
``(ii) deny the request and explain the reasons for such
denial; or
``(iii) request any additional information necessary to
take action on the request.
``(C) Notification to the secretary.--The head of a covered
agency shall provide to the Secretary a copy of any request
described under subparagraph (A)(iii) and response described
under subparagraph (B).
``(D) Criteria.--In making a determination under
subparagraph (A), the head of a covered agency, with respect
to the corridor, shall consider--
``(i) the condition of roads, bridges, and tunnels; and
``(ii) the average annual daily traffic.
``(E) Definitions.--In this paragraph:
``(i) Covered agency.--The term `covered agency' means a
Federal agency eligible to receive funds under this section,
section 203, or section 204.
``(ii) High-commuter corridor.--The term `high-commuter
corridor' means a Federal lands transportation facility that
has average annual daily traffic of not less than 20,000
vehicles.''.
(b) GAO Study Regarding NPS Maintenance.--
(1) Study.--The Comptroller General of the United States
shall study the National Park Service maintenance
prioritization of Federal lands transportation facilities.
(2) Contents.--At minimum, the study under paragraph (1)
shall examine--
(A) general administrative maintenance of the National Park
Service;
(B) how the National Park Service currently prioritizes
maintenance of Federal facilities covered under the Federal
Lands Transportation Program;
(C) what kind of maintenance the National Parkway Service
is performing;
(D) to what degree does the National Park Service
prioritize high-commuter corridors; and
(E) how the National Park Service can better service the
needs of high commuter corridors.
(3) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General 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 report summarizing the study and
the results of such study, including recommendations for
addressing the maintenance needs and prioritization of high-
commuter corridors.
(4) Definition of high-commuter corridor.--In this section,
the term ``high-commuter corridor'' means a Federal lands
transportation facility that has average annual daily traffic
of not less than 20,000 vehicles.
SEC. 1505. FEDERAL LANDS AND TRIBAL MAJOR PROJECTS PROGRAM.
(a) In General.--Chapter 2 of title 23, United States Code,
is amended by inserting after section 207 the following:
``Sec. 208. Federal lands and Tribal major projects program
``(a) Establishment.--The Secretary shall establish a
Federal lands and Tribal major projects program (referred to
in this section as the `program') to provide funding to
construct, reconstruct, or rehabilitate critical Federal
lands and Tribal transportation infrastructure.
``(b) Eligible Applicants.--
``(1) In general.--Except as provided in paragraph (2),
entities eligible to receive funds under sections 201, 202,
203, and 204 may apply for funding under the program.
``(2) Special rule.--A State, county, or unit of local
government may only apply for funding under the program if
sponsored by an eligible Federal land management agency or
Indian Tribe.
``(c) Eligible Projects.--An eligible project under the
program shall be on a Federal lands transportation facility,
a Federal lands access transportation facility, or a tribal
transportation facility, except that such facility is not
required to be included in an inventory described in section
202 or 203, and for which--
``(1) the project--
``(A) has completed the activities required under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) which has been demonstrated through--
``(i) a record of decision with respect to the project;
[[Page H2734]]
``(ii) a finding that the project has no significant
impact; or
``(iii) a determination that the project is categorically
excluded; or
``(B) is reasonably expected to begin construction not
later than 18 months after the date of obligation of funds
for the project; and
``(2) the project has an estimated cost equal to or
exceeding--
``(A) $12,500,000 if it is on a Federal lands
transportation facility or a Federal lands access
transportation facility; and
``(B) $5,000,000 if it is on a Tribal transportation
facility.
``(d) Eligible Activities.--Grant amounts received for a
project under this section 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; and
``(2) construction, reconstruction, and rehabilitation
activities.
``(e) Applications.--Eligible applicants shall submit to
the Secretary an application at such time, in such form, and
containing such information as the Secretary may require.
``(f) Project Requirements.--The Secretary may select a
project to receive funds under the program only if the
Secretary determines that the project--
``(1) improves the condition of critical transportation
facilities, including multimodal facilities;
``(2) cannot be easily and efficiently completed with
amounts made available under section 202, 203, or 204; and
``(3) is cost effective.
``(g) Merit Criteria.--In making a grant under this
section, the Secretary shall consider whether the project--
``(1) will generate state of good repair, resilience,
economic competitiveness, quality of life, mobility, or
safety benefits;
``(2) in the case of a project on a Federal lands
transportation facility or a Federal lands access
transportation facility, has costs matched by funds that are
not provided under this section or this title; and
``(3) generates benefits for land owned by multiple Federal
land management agencies or Indian Tribes, or which spans
multiple States.
``(h) Evaluation and Rating.--To evaluate applications, the
Secretary shall--
``(1) determine whether a project meets the requirements
under subsection (f);
``(2) evaluate, through a discernable and transparent
methodology, how each application addresses one or more merit
criteria established under subsection (g);
``(3) assign a rating for each merit criteria for each
application; and
``(4) consider applications only on the basis of such
quality ratings and which meet the minimally acceptable level
for each of the merit criteria.
``(i) Cost Share.--
``(1) Federal lands projects.--
``(A) In general.--Notwithstanding section 120, the Federal
share of the cost of a project on a Federal lands
transportation facility or a Federal lands access
transportation facility shall be up to 90 percent.
``(B) Non-federal share.--Notwithstanding any other
provision of law, any Federal funds may be used to pay the
non-Federal share of the cost of a project carried out under
this section.
``(2) Tribal projects.--The Federal share of the cost of a
project on a Tribal transportation facility shall be 100
percent.
``(j) Use of Funds.--For each fiscal year, of the amounts
made available to carry out this section, not more than 50
percent shall be used for eligible projects on Federal lands
transportation facilities or Federal lands access
transportation facilities and Tribal transportation
facilities, respectively.''.
(b) Clerical Amendment.--The analysis for chapter 2 of
title 23, United States Code, is amended by inserting after
the item relating to section 207 the following new item:
``208. Federal lands and Tribal major projects program.''.
(c) Repeal.--Section 1123 of the FAST Act (23 U.S.C. 201
note), and the item related to such section in the table of
contents under section 1(b) of such Act, are repealed.
SEC. 1506. OFFICE OF TRIBAL GOVERNMENT AFFAIRS.
Section 102 of title 49, United States Code, is amended--
(1) in subsection (e)(1)--
(A) by striking ``6 Assistant'' and inserting ``7
Assistant'';
(B) in subparagraph (C) by striking ``; and'' and inserting
a 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)--
(A) in the heading by striking ``Deputy Assistant Secretary
for Tribal Government Affairs'' and inserting ``Office of
Tribal Government Affairs''; and
(B) by striking paragraph (1) and inserting the following:
``(1) Establishment.--There is established in the
Department an Office of Tribal Government Affairs, under the
Assistant Secretary for Tribal Government Affairs, to--
``(A) oversee the Tribal transportation self-governance
program under section 207 of title 23;
``(B) plan, coordinate, and implement policies and programs
serving Indian Tribes and Tribal organizations;
``(C) coordinate Tribal transportation programs and
activities in all offices and administrations of the
Department;
``(D) provide technical assistance to Indian Tribes and
Tribal organizations; and
``(E) 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.''.
SEC. 1507. ALTERNATIVE CONTRACTING METHODS.
(a) 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, the Secretary may use a contracting method available to
a State under this title on behalf of--
``(A) a Federal land management agency, with respect to any
funds available pursuant to section 203 or 204;
``(B) a Federal land management agency, with respect to any
funds available pursuant to section 1535 of title 31 for any
eligible use described in sections 203(a)(1) and 204(a)(1) of
this title; or
``(C) a Tribal Government, with respect to any funds
available 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) Rule of construction.--Nothing in this subsection--
``(A) affects the application of the Federal share for a
project carried out with a contracting method under this
subsection; or
``(B) modifies the point of obligation of Federal salaries
and expenses.''.
(b) Use of Alternative Contracting Method.--In carrying out
the amendments made by this section, the Secretary shall--
(1) in consultation with the applicable Federal land
management agencies, establish procedures that are--
(A) applicable to each alternative contracting method; and
(B) to the maximum extent practicable, consistent with
requirements for Federal procurement transactions;
(2) solicit input on the use of each alternative
contracting method from any affected industry prior to using
such method; and
(3) analyze and prepare an evaluation of the use of each
alternative contracting method.
SEC. 1508. DIVESTITURE OF FEDERALLY OWNED BRIDGES.
(a) In General.--The Commissioner of the Bureau of
Reclamation may transfer ownership of a bridge that is owned
by the Bureau of Reclamation if--
(1) the ownership of the bridge is transferred to a State
with the concurrence of such State;
(2) the State to which ownership is transferred agrees to
operate and maintain the bridge;
(3) the transfer of ownership complies with all applicable
Federal requirements, including--
(A) section 138 of title 23, United States Code;
(B) section 306108 of title 54, United States Code; and
(C) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
(4) the Bureau of Reclamation and the State to which
ownership is being transferred jointly notify the Secretary
of Transportation of the intent to conduct a transfer prior
to such transfer.
(b) Access.--In a transfer of ownership of a bridge under
this section, the Commissioner of the Bureau of Reclamation--
(1) shall not be required to transfer ownership of the land
on which the bridge is located or any adjacent lands; and
(2) shall make arrangements with the State to which
ownership is being transferred to allow for adequate access
to such bridge, including for the purposes of construction,
maintenance, and bridge inspections pursuant to section 144
of title 23, United States Code.
SEC. 1509. STUDY ON FEDERAL FUNDING AVAILABLE TO INDIAN
TRIBES.
Not later than January 31 of each year, the Secretary of
Transportation 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 report that--
(1) identifies the number of Indian Tribes that were direct
recipients of funds under any discretionary Federal highway,
transit, or highway safety program in the prior fiscal year;
(2) lists the total amount of such funds made available
directly to such Tribes;
(3) identifies the number and location of Indian Tribes
that were indirect recipients of funds under any formula-
based Federal highway, transit, or highway safety program in
the prior fiscal year; and
(4) lists the total amount of such funds made available
indirectly to such tribes through states or other direct
recipients of Federal highway, transit or highway safety
funding.
SEC. 1510. GAO STUDY.
(a) In General.--The Comptroller General of the United
States shall conduct a study on the deferred maintenance of
United States forest roads, including--
(1) the current backlog;
(2) the current actions on such maintenance and backlog;
(3) the impacts of public safety due to such deferred
maintenance; and
[[Page H2735]]
(4) recommendations for Congress on ways to address such
backlog.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States 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
report containing the results of the study conducted under
subsection (a).
Subtitle F--Additional Provisions
SEC. 1601. VISION ZERO.
(a) In General.--A local government, metropolitan planning
organization, or regional transportation planning
organization may develop and implement a vision zero plan to
significantly reduce or eliminate transportation-related
fatalities and serious injuries within a specified timeframe,
not to exceed 20 years.
(b) Use of Funds.--Amounts apportioned to a State under
paragraph (2) or (3) of section 104(b) of title 23, United
States Code, may be used to carry out a vision zero plan
under this section.
(c) Contents of Plan.--A vision zero plan under this
section shall include--
(1) a description of programs, strategies, or policies
intended to significantly reduce or eliminate transportation-
related fatalities and serious injuries within a specified
timeframe, not to exceed 20 years, that is consistent with a
State strategic highway safety plan and uses existing
transportation data and consideration of risk factors;
(2) plans for implementation of, education of the public
about, and enforcement of such programs, strategies, or
policies;
(3) a description of how such programs, strategies, or
policies, and the enforcement of such programs, strategies,
or policies will--
(A) equitably invest in the safety needs of low-income and
minority communities;
(B) ensure that such communities are not disproportionately
targeted by law enforcement; and
(C) protect the rights of members of such communities with
respect to title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d et seq.); and
(4) a description of a mechanism to evaluate progress of
the development and implementation of the plan, including the
gathering and use of transportation safety and demographic
data.
(d) Inclusions.--A vision zero plan may include a complete
streets prioritization plan that identifies a specific list
of projects to--
(1) create a connected network of active transportation
facilities, including sidewalks, bikeways, or pedestrian and
bicycle trails, to connect communities and provide safe,
reliable, affordable, and convenient access to employment,
housing, and services, consistent with the goals described in
section 150(b) of title 23, United States Code;
(2) integrate active transportation facilities with public
transportation service or improve access to public
transportation; and
(3) improve transportation options for low-income and
minority communities.
(e) Coordination.--A vision zero plan under this section
shall provide for coordination of various subdivisions of a
unit of local government in the implementation of the plan,
including subdivisions responsible for law enforcement,
public health, data collection, and public works.
(f) Safety Performance Management.--A vision zero plan
under this section is not sufficient to demonstrate
compliance with the safety performance or planning
requirements of section 148 or 150 of title 23, United States
Code.
SEC. 1602. SPEED LIMITS.
(a) Speed Limits.--The Secretary of Transportation shall
revise the Manual on Uniform Traffic Control Devices to
provide for a safe system approach to setting speed limits,
consistent with the safety recommendations issued by the
National Transportation Safety Board on August 15, 2017,
numbered H-17-27 and H-17-028.
(b) Considerations.--In carrying out subparagraph (A), the
Secretary shall consider--
(1) crash statistics;
(2) road geometry characteristics;
(3) roadside characteristics;
(4) traffic volume;
(5) the possibility and likelihood of human error;
(6) human injury tolerance;
(7) the prevalence of vulnerable road users; and
(8) any other consideration, consistent with a safe system
approach, as determined by the Secretary.
(c) Report on Speed Management Program Plan.--Not later
than 1 year after the date of enactment of this Act, the
Secretary shall update and report on the implementation
progress of the Speed Management Program Plan of the
Department of Transportation, as described in the safety
recommendation issued by the National Transportation Safety
Board on August 15, 2017, numbered H-17-018.
(d) Definitions.--In this section, the terms ``safe system
approach'' and ``vulnerable road user'' have the meanings
given such terms in section 148(a) of title 23, United States
Code.
SEC. 1603. BROADBAND INFRASTRUCTURE DEPLOYMENT.
(a) Definitions.--In this section:
(1) Appropriate state agency.--The term ``appropriate State
agency'' means a State governmental agency that is recognized
by the executive branch of the State as having the experience
necessary to evaluate and facilitate the installation and
operation of broadband infrastructure within the State.
(2) Broadband.--The term ``broadband'' has the meaning
given the term ``advanced telecommunications capability'' in
section 706 of the Telecommunications Act of 1996 (47 U.S.C.
1302).
(3) Broadband conduit.--The term ``broadband conduit''
means a conduit or innerduct for fiber optic cables (or
successor technology of greater quality and speed) that
supports the provision of broadband.
(4) Broadband infrastructure.--The term ``broadband
infrastructure'' means any buried or underground facility and
any wireless or wireline connection that enables the
provision of broadband.
(5) Broadband provider.--The term ``broadband provider''
means an entity that provides broadband to any person or
facilitates provision of broadband to any person, including,
with respect to such entity--
(A) a corporation, company, association, firm, partnership,
nonprofit organization, or any other private entity;
(B) a State or local broadband provider;
(C) an Indian Tribe; and
(D) a partnership between any of the entities described in
subparagraphs (A), (B), and (C).
(6) Covered highway construction project.--
(A) In general.--The term ``covered highway construction
project'' means, without regard to ownership of a highway, a
project to construct a new highway or an additional lane for
an existing highway, to reconstruct an existing highway, or
new construction, including for a paved shoulder.
(B) Exclusions.--The term ``covered highway construction
project'' excludes any project--
(i) awarded before the date on which regulations required
under subsection (b) take effect;
(ii) that does not include work beyond the edge of pavement
or current paved shoulder; or
(iii) that does not require excavation.
(7) Dig once requirement.--The term ``dig once
requirement'' means a requirement designed to reduce the cost
and accelerate the deployment to broadband by minimizing the
number and scale of repeated excavations for the installation
and maintenance of broadband conduit or broadband
infrastructure in rights-of-way.
(8) Indian tribe.--The term ``Indian Tribe'' has the
meaning given such term in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5304(e)).
(9) NTIA administrator.--The term ``NTIA Administrator''
means the Assistant Secretary of Commerce for Communications
and Information.
(10) Project.--The term ``project'' has the meaning given
such term in section 101 of title 23, United States Code.
(11) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(12) State.--The term ``State'' has the meaning given such
term in section 401 of title 23, United States Code.
(13) State or local broadband provider.--The term ``State
or local broadband provider'' means a State or political
subdivision thereof, or any agency, authority, or
instrumentality of a State or political subdivision thereof,
that provides broadband to any person or facilitates the
provision of broadband to any person in that State.
(14) Tribal government.--The term ``Tribal government''
means the recognized governing body of an Indian Tribe or any
agency, authority, or instrumentality of such governing body
or such Indian Tribe.
(b) Dig Once Requirement.--To facilitate the installation
of broadband infrastructure, the Secretary shall, not later
than 9 months after the date of enactment of this Act,
promulgate regulations to ensure that each State that
receives funds under chapter 1 of title 23, United States
Code, meets the following requirements:
(1) Broadband planning.--The State department of
transportation, in consultation with appropriate State
agencies, shall--
(A) identify a broadband coordinator, who may have
additional responsibilities in the State department of
transportation or in another State agency, that is
responsible for facilitating the broadband infrastructure
right-of-way efforts within the State; and
(B) review existing State broadband plans, including
existing dig once requirements of the State, municipal
governments incorporated under State law, and Tribal
governments within the State, to determine opportunities to
coordinate projects occurring within or across highway
rights-of-way with planned broadband infrastructure projects.
(2) Notice of planned construction for broadband
providers.--
(A) Notice.--The State department of transportation, in
consultation with appropriate State agencies, shall establish
a process--
(i) for the registration of broadband providers that seek
to be included in the advance notification of, and
opportunity to participate in, broadband infrastructure
right-of-way facilitation efforts within the State; and
(ii) to electronically notify all broadband providers
registered under clause (i)--
(I) of the State transportation improvement program on at
least an annual basis; and
(II) of projects within the highway right-of-way for which
Federal funding is expected to be obligated in the subsequent
fiscal year.
(B) Website.--A State department of transportation shall be
considered to meet the requirements of subparagraph (A) if
such State department of transportation publishes on a public
website--
(i) the State transportation improvement program on at
least an annual basis; and
(ii) projects within the highway right-of-way for which
Federal funding is expected to be obligated in the subsequent
fiscal year.
(C) Coordination.--The State department of transportation,
in consultation with appropriate State agencies, shall
establish a process for a broadband provider to commit to
installing broadband conduit or broadband infrastructure as
part of any project.
(3) Required installation of conduit.--
(A) In general.--The State department of transportation
shall install broadband conduit, in accordance with this
paragraph, except as described in subparagraph (F), as part
of any
[[Page H2736]]
covered highway construction project, unless a broadband
provider has committed to install broadband conduit or
broadband infrastructure as part of such project in a process
described under paragraph (2)(C).
(B) Installation requirements.--The State department of
transportation shall ensure that--
(i) an appropriate number of broadband conduits, as
determined in consultation with the appropriate State
agencies, are installed along the highway of a covered
highway construction project to accommodate multiple
broadband providers, with consideration given to the
availability of existing conduits;
(ii) the size of each such conduit is consistent with
industry best practices and is sufficient to accommodate
potential demand, as determined in consultation with the
appropriate State agencies;
(iii) hand holes and manholes necessary for fiber access
and pulling with respect to such conduit are placed at
intervals consistent with standards determined in
consultation with the appropriate State agencies (which may
differ by type of road, topologies, and rurality) and
consistent with safety requirements;
(iv) each broadband conduit installed pursuant to this
paragraph includes a pull tape and is capable of supporting
fiber optic cable placement techniques consistent with best
practices; and
(v) is placed at a depth consistent with requirements of
the covered highway construction project and best practices
and that, in determining the depth of placement,
consideration is given to the location of existing utilities
and cable separation requirements of State and local
electrical codes.
(C) Guidance for the installation of broadband conduit.--
The Secretary, in consultation with the NTIA Administrator,
shall issue guidance for best practices related to the
installation of broadband conduit as described in this
paragraph and of conduit and similar infrastructure for
intelligent transportation systems (as such term is defined
in section 501 of title 23, United States Code) that may
utilize broadband conduit installed pursuant to this
paragraph.
(D) Access.--
(i) In general.--The State department of transportation
shall ensure that any requesting broadband provider has
access to each broadband conduit installed pursuant to this
paragraph, on a competitively neutral and nondiscriminatory
basis, and in accordance with State permitting, licensing,
leasing, or other similar laws and regulations.
(ii) Fee schedule.--The State department of transportation,
in consultation with appropriate State agencies, shall
publish a fee schedule for a broadband provider to access
conduit installed pursuant to this paragraph. Fees in such
schedule--
(I) shall be consistent with the fees established pursuant
to section 224 of the Communications Act of 1934 (47 U.S.C.
224);
(II) may vary by topography, location, type of road,
rurality, and other factors in the determination of the
State; and
(III) may be updated not more frequently than annually.
(iii) In-kind compensation.--The State department of
transportation may negotiate in-kind compensation with any
broadband provider requesting access to broadband conduit
installed under the provisions of this paragraph as a
replacement for part or all of, but not to exceed, the
relevant fee in the fee schedule described in clause (ii).
(iv) Safety considerations.--The State department of
transportation shall require of broadband providers a process
for safe access to the highway right-of-way during
installation and on-going maintenance of the broadband fiber
optic cables including a traffic control safety plan.
(v) Communication.--A broadband provider with access to the
conduit installed pursuant to this subsection shall notify
and receive permission from the relevant agencies of State
responsible for the installation of such broadband conduit
prior to accessing any highway or highway right-of-way, in
accordance with applicable Federal requirements.
(E) Treatment of projects.--Notwithstanding any other
provision of law, broadband conduit and broadband
infrastructure installation projects under this paragraph
shall comply with section 113(a) of title 23, United States
Code.
(F) Waiver authority.--
(i) In general.--A State department of transportation may
waive the required installation of broadband conduit for part
or all of any covered highway construction project under this
paragraph if, in the determination of the State--
(I) broadband infrastructure, terrestrial broadband
infrastructure, aerial broadband fiber cables, or broadband
conduit is present near a majority of the length of the
covered highway construction project;
(II) the installation of conduit increases overall costs of
a covered highway construction project by 1.5 percent or
greater;
(III) the installation of broadband conduit associated with
covered highway construction project will not be utilized or
connected to future broadband infrastructure in the next 20
years, in the determination of the State department of
transportation, in consultation with appropriate State
agencies and potentially affected local governments and
Tribal governments;
(IV) the requirements of this paragraph would require
installation of conduit redundant with a dig once requirement
of a local or Tribal government;
(V) there exists a circumstance involving force majeure; or
(VI) other relevant factors, as determined by the Secretary
in consultation with the NTIA Administrator through
regulation, warrant a waiver.
(ii) Contents of waiver.--A waiver authorized under this
subparagraph shall--
(I) identify the covered highway construction project; and
(II) include a brief description of the determination of
the State for issuing such waiver.
(iii) Availability of waiver.--A waiver authorized under
this subparagraph shall be included in the plans,
specifications, and estimates for the associated project, as
long as such info is publicly available.
(4) Priority.--If a State provides for the installation of
broadband infrastructure or broadband conduit in the right-
of-way of an applicable project under this subsection, the
State department of transportation, along with appropriate
State agencies, shall carry out appropriate measures to
ensure that any existing broadband providers are afforded
equal opportunity access, as compared to other broadband
providers, with respect to the program under this subsection.
(5) Consultation.--
(A) In general.--In promulgating regulations required by
this subsection or to implement any part of this section, the
Secretary shall consult--
(i) the NTIA Administrator;
(ii) the Federal Communications Commission;
(iii) State departments of transportation;
(iv) appropriate State agencies;
(v) agencies of local governments responsible for
transportation and rights-of-way, utilities, and
telecommunications and broadband;
(vi) Tribal governments;
(vii) broadband providers; and
(viii) manufacturers of optical fiber, conduit, pull tape,
and related items.
(B) Broadband users.--The Secretary shall ensure that the
entities consulted under clauses (iii) through (vi) of
subparagraph (A) include rural areas and populations with
limited access to broadband infrastructure.
(C) Broadband providers.--The Secretary shall ensure that
the entities consulted under clause (vii) of subparagraph (A)
include entities who provide broadband to rural areas and
populations with limited access to broadband infrastructure.
(6) Prohibition on unfunded mandate.--
(A) In general.--This subsection shall apply only to
projects for which Federal obligations or expenditures are
initially approved on or after the date regulations required
under this subsection take effect.
(B) No mandate.--Absent an available and dedicated Federal
source of funding--
(i) nothing in this subsection establishes a mandate or
requirement that a State install broadband conduit in a
highway right-of-way; and
(ii) nothing in paragraph (3) shall establish any
requirement for a State.
(7) Rules of construction.--
(A) State law.--Nothing in this subsection shall be
construed to require a State to install or allow the
installation of broadband conduit or broadband
infrastructure--
(i) that is otherwise inconsistent with what is allowable
under State law; or
(ii) where the State lacks the authority or property
easement necessary for such installation.
(B) No requirement for installation of mobile services
equipment.--Nothing in this section shall be construed to
require a State, a municipal government incorporated under
State law, or an Indian Tribe to install or allow for the
installation of equipment essential for the provision of
commercial mobile services (as defined in section 332(d) of
the Communications Act of 1934 (47 U.S.C. 332(d))) or
commercial mobile data service (as defined in section 6001 of
the Middle Class Tax Relief and Job Creation Act of 2012 (47
U.S.C. 1401)), other than broadband conduit and associated
equipment described in paragraph (3)(B).
(c) Relation to State Dig Once Requirements.--Nothing in
subsection (b) or any regulations promulgated under
subsection (b) shall be construed to alter or supersede any
provision of a State law or regulation that provides for a
dig once requirement that includes similar or more stringent
requirements to the provisions of subsection (b) and any
regulations promulgated under subsection (b).
(d) Dig Once Funding Task Force.--
(1) Establishment.--There is established an independent
task force on funding the nationwide dig once requirement
described in this section to be known as the ``Dig Once
Funding Task Force'' (hereinafter referred to as the ``Task
Force'').
(2) Duties.--The duties of the Task Force shall be to--
(A) estimate the annual cost for implementing and
administering a nationwide dig once requirement; and
(B) propose and evaluate options for funding a nationwide
dig once requirement described in this section that
includes--
(i) a discussion of the role and potential share of costs
of--
(I) the Federal Government;
(II) State, local, and Tribal governments; and
(III) broadband providers; and
(ii) consideration of the role of existing dig once
requirements of State, local, and Tribal governments and
private broadband investment, with a goal to not discourage
or disincentivize such dig once requirements or such
investment.
(3) Reports.--
(A) Interim report and briefing.--Not later than 9 months
after the date of enactment of this Act, the Task Force shall
submit an interim report to Congress and provide briefings
for Congress on the findings of the Task Force.
(B) Final report.--Not later than 12 months after the date
of enactment of this Act, the Task Force shall submit a final
report to Congress on the findings of the Task Force.
[[Page H2737]]
(4) Members.--
(A) Appointments.--The Task Force shall consist of 14
members, consisting of--
(i) the 2 co-chairs described in subparagraph (B);
(ii) 6 members jointly appointed by the Speaker and
minority leader of the House of Representatives, in
consultation with the respective Chairs and Ranking Members
of the--
(I) the Committee on Transportation and Infrastructure of
the House of Representatives;
(II) the Committee on Energy and Commerce of the House of
Representatives; and
(III) the Committee on Appropriations of the House of
Representatives; and
(iii) 6 members jointly appointed by the majority leader
and minority leader of the Senate, in consultation with the
respective Chairs and Ranking Members of the--
(I) the Committee on Environment and Public Works of the
Senate;
(II) the Committee on Commerce, Science, and Transportation
of the Senate; and
(III) the Committee on Appropriations of the Senate.
(B) Co-chairs.--The Task Force shall be co-chaired by the
Secretary and the NTIA Administrator, or their designees.
(C) Composition.--The Task Force shall include at least--
(i) 1 representative from a State department of
transportation;
(ii) 1 representative from a local government;
(iii) 1 representative from a Tribal government;
(iv) 1 representative from a broadband provider;
(v) 1 representative from a State or local broadband
provider;
(vi) 1 representative from a labor union; and
(vii) 1 representative from a public interest organization.
(D) Appointment deadline.--Members shall be appointed to
the Task Force not later than 60 days after the date of
enactment of this Act.
(E) Effect of lack of appointment by appointment date.--If
1 or more appointments required under subparagraph (A) is not
made by the appointment date specified in subparagraph (D),
the authority to make such appointment or appointments shall
expire and the number of members of the Task Force shall be
reduced by the number equal to the number of appointments so
expired.
(F) Terms.--Members shall be appointed for the life of the
Task Force. A vacancy in the Task Force shall not affect its
powers and shall be filled in the same manner as the initial
appointment was made.
(5) Consultations.--In carrying out the duties required
under this subsection, the Task Force shall consult, at a
minimum--
(A) the Federal Communications Commission;
(B) agencies of States including--
(i) State departments of transportation; and
(ii) appropriate State agencies;
(C) agencies of local governments responsible for
transportation and rights of way, utilities, and
telecommunications and broadband;
(D) Tribal governments;
(E) broadband providers and other telecommunications
providers;
(F) labor unions; and
(G) State or local broadband providers and Tribal
governments that act as broadband providers.
(6) Additional provisions.--
(A) Expenses for non-federal members.--Non-Federal members
of the Task Force shall be allowed travel expenses, including
per diem in lieu of subsistence, at rates authorized for
employees under subchapter I of chapter 57 of title 5, United
States Code, while away from their homes or regular places of
business in the performance of services for the Task Force.
(B) Staff.--Staff of the Task Force shall comprise
detailees with relevant expertise from the Department of
Transportation and the National Telecommunications and
Information Administration, or another Federal agency the co-
chairpersons consider appropriate, with the consent of the
head of the Federal agency, and such detailee shall retain
the rights, status, and privileges of his or her regular
employment without interruption.
(C) Administrative assistance.--The Secretary and NTIA
Administrator shall provide to the Task Force on a
reimbursable basis administrative support and other services
for the performance of the functions of the Task Force.
(7) Termination.--The Task Force shall terminate not later
than 90 days after issuance of the final report required
under paragraph (3)(B).
SEC. 1604. BALANCE EXCHANGES FOR INFRASTRUCTURE PROGRAM.
(a) In General.--Chapter 1 of title 23, United States Code,
is further amended by adding at the end the following:
``Sec. 174. Balance Exchanges for Infrastructure Program
``(a) Definitions.--In this section:
``(1) Administratively allocated.--The term
`administratively allocated' means the allocation by the
Secretary of budget authority for a project under the TIFIA
program that occurs when--
``(A) a potential applicant has been invited into the
creditworthiness phase for a project under the TIFIA program;
or
``(B) the project is subject to a master credit agreement
(as defined in section 601(a)), in accordance with section
602(b)(2).
``(2) Appalachian state.--The term `Appalachian State'
means a State that contains 1 or more counties in the
Appalachian region (as defined in section 14102(a) of title
40).
``(3) Program.--The term `program' means the Balance
Exchanges for Infrastructure Program established under
subsection (b).
``(4) TIFIA carryover balance.--
``(A) In general.--The term `TIFIA carryover balance' means
the amounts made available for the TIFIA program for previous
fiscal years that are unobligated and have not been
administratively allocated.
``(B) Inclusion.--The term `TIFIA carryover balance'
includes--
``(i) the applicable amount of contract authority for the
amounts described in subparagraph (A); and
``(ii) the equivalent amount of obligation limitation for
the fiscal year in which the Secretary makes a transfer under
subsection (f)(2).
``(5) TIFIA program.--The term `TIFIA program' has the
meaning given the term in section 601(a).
``(b) Establishment.--The Secretary shall establish a
program, to be known as the `Balance Exchanges for
Infrastructure Program', in accordance with this section to
provide flexibility for the Secretary and States to improve
highway infrastructure.
``(c) Offer To Fund Projects or Exchange Funds.--
``(1) Solicitation.--For each fiscal year for which an
amount is reserved under subsection (f)(1), the Secretary
shall--
``(A) not later than December 1 of that fiscal year--
``(i) solicit requests from Appalachian States to return
amounts under subsection (d)(1)(A); and
``(ii) solicit applications from Appalachian States for
grants under subsection (e); and
``(B) require that, not later than 60 days after the date
of the solicitations under subparagraph (A), each Appalachian
State that elects to participate in the program shall submit
to the Secretary either--
``(i) a request that describes the amount that the
Appalachian State requests to return under subsection
(d)(1)(A); or
``(ii) an application for a grant under subsection (e).
``(d) Exchange Agreements.--
``(1) In general.--The Secretary shall enter into an
agreement with each Appalachian State that submits a request
under subsection (c)(1)(A)(i) under which--
``(A) the Appalachian State shall return to the Secretary
all, or at the discretion of the Appalachian State, a portion
of, the unobligated amounts from the Highway Trust Fund
(including the applicable amount of contract authority and an
equal amount of special no-year obligation limitation
associated with that contract authority) apportioned to the
Appalachian State for the Appalachian development highway
system under section 14501 of title 40 (but not including any
amounts made available by an appropriations Act without an
initial authorization); and
``(B) the Secretary shall transfer to the Appalachian
State, from amounts transferred to the program under
subsection (f)(2) for that fiscal year, an amount (including
the applicable amount of contract authority and an equal
amount of annual obligation limitation) equal to the amount
that the Appalachian State returned under subparagraph (A)
that shall be used to carry out projects described in
paragraph (3).
``(2) State limitation.--The amount of contract authority
returned by an Appalachian State under paragraph (1)(A) may
not exceed the amount of the special no-year obligation
limitation available to the Appalachian State prior to the
return of the special no-year obligation limitation under
that paragraph.
``(3) Eligible projects.--
``(A) In general.--A project eligible to be carried out
using funds transferred to an Appalachian State under
paragraph (1)(B) is a project described in subsections (b)
and (c) of section 133.
``(B) Federal share.--The Federal share of the cost of a
project carried out using funds transferred to an Appalachian
State under paragraph (1)(B) shall be up to 100 percent, at
the discretion of the Appalachian State.
``(C) Application of section 133.--Except as otherwise
provided in this paragraph, section 133 shall not apply to a
project carried out using funds transferred to an Appalachian
State under paragraph (1)(B).
``(4) Total limitation.--For each fiscal year, the total
amount exchanged under paragraph (1) shall not exceed the
amount available to be transferred to the program under
subsection (f).
``(5) Amounts exchanged.--For each fiscal year, if the
total amount requested by all Appalachian States to return
under paragraph (1)(A) is greater than the amount described
in paragraph (4), the Secretary shall exchange amounts under
paragraph (1) based on the proportion that--
``(A) the amount requested to be returned for the fiscal
year by the Appalachian State; bears to
``(B) the amount requested to be returned for the fiscal
year by all Appalachian States.
``(e) Appalachian Development Highway System Corridor
Grants.--
``(1) In general.--Using amounts returned to the Secretary
under subsection (d)(1)(A), the Secretary shall provide
grants of contract authority, to remain available until
expended, and subject to special no-year obligation
limitation, on a competitive basis to Appalachian States for
eligible projects described in paragraph (2).
``(2) Eligible project.--A project eligible to be carried
out with a grant under this subsection is a project that is--
``(A) eligible under section 14501 of title 40 as of the
date of enactment of this section; and
``(B) reasonably expected to begin construction by not
later than 2 years after the date of obligation of funds
provided under this subsection for the project.
``(3) Application.--To be eligible to receive a grant under
this subsection, an Appalachian
[[Page H2738]]
State shall submit to the Secretary an application at such
time, in such manner, and containing such information as the
Secretary may require.
``(4) Federal share.--The Federal share of the cost of a
project carried out using a grant provided under this
subsection shall be up to 100 percent, at the discretion of
the Appalachian State.
``(5) Limitation.--An Appalachian State that enters into an
agreement to exchange funds under subsection (d) for any
fiscal year shall not be eligible to receive a grant under
this subsection.
``(f) Transfer From TIFIA Program.--
``(1) In general.--On October 1 of each fiscal year, the
Secretary shall reserve, for the purpose of funding transfers
under paragraph (2) until the transfers are completed, the
amount of TIFIA carryover balance that exceeds the amount
available to carry out the TIFIA program for that fiscal
year.
``(2) Transfers.--For each fiscal year, not later than 60
days after the date on which the Secretary receives the
responses to the solicitations under subsection (c)(1), the
Secretary shall transfer from the TIFIA program to the
program an amount of contract authority and equal amount of
obligation limitation that is equal to the lesser of--
``(A) the total amount requested by all Appalachian States
for the fiscal year under subsection (c)(1)(B)(i);
``(B) the total amount requested by all Appalachian States
for grants under subsection (c)(1)(B)(ii); and
``(C) the amount reserved under paragraph (1).''.
(b) Clerical Amendment.--The analysis for chapter 1 of
title 23, United States Code, is further amended by adding at
the end the following:
``174. Balance Exchanges for Infrastructure Program.''.
SEC. 1605. STORMWATER BEST MANAGEMENT PRACTICES.
(a) Study.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation and
the Administrator shall seek to enter into an agreement with
the Transportation Research Board of the National Academy of
Sciences to under which the Transportation Research Board
shall conduct a study--
(A) 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 requirements;
(B) to provide recommendations (including recommended
revisions to existing laws and regulations) 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;
(C) 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
subparagraphs (A) and (B) to entities issued permits under
the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.); and
(D) to examine the benefit of concentrating stormwater
retrofits in impaired watersheds and selecting such retrofits
according to a process that depends on a watershed management
plan developed in accordance with section 319 of the Federal
Water Pollution Control Act (33 U.S.C. 1329).
(2) Requirements.--In conducting the study under the
agreement entered into pursuant to paragraph (1), the
Transportation Research Board shall--
(A) review and supplement, as appropriate, the
methodologies examined and recommended in the 2019 report of
the National Academies of Sciences, Engineering, and Medicine
titled ``Approaches for Determining and Complying with TMDL
Requirements Related to Roadway Stormwater Runoff'';
(B) consult with--
(i) the Secretary of Transportation;
(ii) the Secretary of Agriculture;
(iii) the Administrator;
(iv) the Secretary of the Army, acting through the Chief of
Engineers; and
(v) State departments of Transportation; and
(C) solicit input from--
(i) stakeholders with experience in implementing stormwater
management practices for projects; and
(ii) educational and technical stormwater management
groups.
(3) Report.--In carrying out the agreement entered into
pursuant to paragraph (1), not later than 18 months after the
date of enactment of this Act, the Transportation Research
Board shall submit to the Secretary of Transportation, the
Administrator, the Committee on Transportation and
Infrastructure of the House of Representatives, and the
Committee on Environment and Public Works of the Senate a
report describing the results of the study.
(b) Stormwater Best Management Practices Reports.--
(1) Reissuance.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall update and
reissue the best management practices reports to reflect new
information and advancements in stormwater management.
(2) Updates.--Not less frequently than once every 5 years
after the date on which the Secretary reissues the best
management practices reports under paragraph (1), the
Secretary shall update and reissue the best management
practices reports, unless the contents of the best management
practices reports have been incorporated (including by
reference) into applicable regulations of the Secretary.
(c) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Best management practices reports.--The term ``best
management practices reports'' means--
(A) the 2014 report sponsored by the Department of
Transportation titled ``Determining the State of the Practice
in Data Collection and Performance Measurement of Stormwater
Best Management Practices'' (FHWA-HEP-16-021); and
(B) the 2000 report sponsored by the Department of
Transportation titled ``Stormwater Best Management Practices
in an Ultra-Urban Setting: Selection and Monitoring''.
(3) Total maximum daily load.--The term ``total maximum
daily load'' has the meaning given such term in section 130.2
of title 40, Code of Federal Regulations (or successor
regulations).
SEC. 1606. PEDESTRIAN FACILITIES IN THE PUBLIC RIGHT-OF-WAY.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Architectural and Transportation
Barriers Compliance Board established under section 502(a)(1)
of the Rehabilitation Act of 1973 (29 U.S.C. 792), in
consultation with the Secretary of Transportation, shall
establish accessibility guidelines setting forth minimum
standards for pedestrian facilities in the public right-of-
way.
(b) Content of Guidance.--The guidelines described in
subsection (a) shall be substantially similar to, and carried
out under the same statutory authority as--
(1) the notice of proposed rulemaking published on July 26,
2011, titled ``Accessibility Guidelines for Pedestrian
Facilities in the Public Right-of-Way'' (76 Fed. Reg. 44664);
and
(2) the supplemental notice of proposed rulemaking
published on February 13, 2013, titled ``Accessibility
Guidelines for Pedestrian Facilities in the Public Right-of-
Way; Shared Use Paths'' (78 Fed. Reg. 10110).
(c) Adoption of Regulations.--Not later than 180 days after
the establishment of the guidelines pursuant to subsection
(a), the Secretary shall issue such regulations as are
necessary to adopt such guidelines.
SEC. 1607. HIGHWAY FORMULA MODERNIZATION REPORT.
(a) Highway Formula Modernization Study.--
(1) In general.--The Secretary of Transportation, in
consultation with the State departments of transportation and
representatives of local governments (including metropolitan
planning organizations), shall conduct a highway formula
modernization study to assess the method and data used to
apportion Federal-aid highway funds under subsections (b) and
(c) of section 104 of title 23, United States Code, and issue
recommendations on such method and data.
(2) Assessment.--The highway formula modernization study
required under paragraph (1) shall include an assessment of,
based on the latest available data, whether the apportionment
method under such section results in--
(A) an equitable distribution of funds based on the
estimated tax payments attributable to--
(i) highway users in the State that are paid into the
Highway Trust Fund; and
(ii) individuals in the State that are paid to the
Treasury, based on contributions to the Highway Trust Fund
from the general fund of the Treasury; and
(B) the achievement of the goals described in section
101(b)(3) of title 23, United States Code.
(3) Considerations.--In carrying out the assessment under
paragraph (2), the Secretary shall consider the following:
(A) The factors described in sections 104(b), 104(f)(2),
104(h)(2), 130(f), and 144(e) of title 23, United States
Code, as in effect on the date of enactment of SAFETEA-LU
(Public Law 109-59).
(B) The availability and accuracy of data necessary to
calculate formula apportionments under the factors described
in subparagraph (A).
(C) The measures established under section 150 of title 23,
United States Code, and whether such measures are appropriate
for consideration as formula apportionment factors.
(D) The results of the CMAQ formula modernization study
required under subsection (b).
(E) Any other factors that the Secretary determines are
appropriate.
(4) Recommendations.--The Secretary shall, in consultation
with the State departments of transportation and
representatives of local governments (including metropolitan
planning organizations), develop recommendations on a new
apportionment method, including--
(A) the factors recommended to be included in such
apportionment method;
(B) the weighting recommended to be applied to the factors
under subparagraph (A); and
(C) any other recommendations to ensure that the
apportionment method best achieves an equitable distribution
of funds described under paragraph (2)(A) and the goals
described in paragraph (2)(B).
(b) CMAQ Formula Modernization Study.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation, in
consultation with the Administrator of the Environmental
Protection Agency, shall conduct an CMAQ formula
modernization study to assess whether the apportionment
method under section 104(b)(4) of title 23, United States
Code, results in a distribution of funds that best achieves
the air quality goals of section 149 of such title.
[[Page H2739]]
(2) Considerations.--In providing consultation under this
subsection, the Administrator of the Environmental Protection
Agency shall provide to the Secretary an analysis of--
(A) factors that contribute to the apportionment, including
population, types of pollutants, and severity of pollutants,
as such factors were determined on the date prior to the date
of enactment of MAP-21;
(B) the weighting of the factors listed under subparagraph
(A); and
(C) the recency of the data used in making the
apportionment under section 104(b)(4) of title 23, United
States Code.
(3) Recommendations.--If, in conducting the study under
this subsection, the Secretary finds that modifying the
apportionment method under section 104(b)(4) of title 23,
United States Code, would best achieve the air quality goals
of section 149 of title 23, United States Code, the Secretary
shall, in consultation with the Administrator, include in
such study recommendations for a new apportionment method,
including--
(A) the factors recommended to be included in such
apportionment method;
(B) the weighting recommended to be applied to the factors
under subparagraph (A); and
(C) any other recommendations to ensure that the
apportionment method best achieves the air quality goals
section 149 of such title.
(c) Report.--No later than 2 years after the date of
enactment of this Act, 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 report containing the results of
the highway formula modernization study and the CMAQ formula
modernization study.
SEC. 1608. CONSOLIDATION OF PROGRAMS.
Section 1519 of MAP-21 (Public Law 112-141) is amended--
(1) in subsection (a)--
(A) by striking ``fiscal years 2016 through 2020'' and
inserting ``fiscal years 2022 through 2025''; and
(B) by striking ``$3,500,000'' and inserting
``$4,000,000'';
(2) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(3) by inserting after subsection (a) the following:
``(b) Federal Share.--The Federal share of the cost of a
project or activity carried out under subsection (a) shall be
100 percent.''.
SEC. 1609. STUDENT OUTREACH REPORT TO CONGRESS.
(a) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation 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 report that
describes the efforts of the Department of Transportation to
encourage elementary, secondary, and post-secondary students
to pursue careers in the surface transportation sector.
(b) Contents.--The report required under subsection (a)
shall include--
(1) a description of efforts to increase awareness of
careers related to surface transportation among elementary,
secondary, and post-secondary students;
(2) a description of efforts to prepare and inspire such
students for surface transportation careers;
(3) a description of efforts to support the development of
a diverse, well-qualified workforce for future surface
transportation needs; and
(4) the effectiveness of the efforts described in
paragraphs (1) through (3).
SEC. 1610. TASK FORCE ON DEVELOPING A 21ST CENTURY SURFACE
TRANSPORTATION WORKFORCE.
(a) In General.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Transportation shall
establish a task force on developing a 21st century surface
transportation workforce (in this section referred to as the
``Task Force'').
(b) Duties.--Not later than 12 months after the
establishment of the Task Force under subsection (a), the
Task Force shall develop and submit to the Secretary
recommendations and strategies for the Department of
Transportation to--
(1) evaluate the current and future state of the surface
transportation workforce, including projected job needs in
the surface transportation sector;
(2) identify factors influencing individuals pursuing
careers in surface transportation, including barriers to
attracting individuals into the workforce;
(3) address barriers to retaining individuals in surface
transportation careers;
(4) identify and address potential impacts of emerging
technologies on the surface transportation workforce;
(5) increase access for vulnerable or underrepresented
populations, especially women and minorities, to high-skill,
in-demand surface transportation careers;
(6) facilitate and encourage elementary, secondary, and
post-secondary students in the United States to pursue
careers in the surface transportation sector; and
(7) identify and develop pathways for students and
individuals to secure pre-apprenticeships, registered
apprenticeships, and other work-based learning opportunities
in the surface transportation sector of the United States.
(c) Considerations.--In developing recommendations and
strategies under subsection (b), the Task Force shall--
(1) identify factors that influence whether young people
pursue careers in surface transportation, especially
traditionally underrepresented populations, including women
and minorities;
(2) consider how the Department, businesses, industry,
labor, educators, and other stakeholders can coordinate
efforts to support qualified individuals in pursuing careers
in the surface transportation sector;
(3) identify methods of enhancing surface transportation
pre-apprenticeships and registered apprenticeships, job
skills training, mentorship, education, and outreach programs
that are exclusive to youth in the United States; and
(4) identify potential sources of funding, including grants
and scholarships, that may be used to support youth and other
qualified individuals in pursuing careers in the surface
transportation sector.
(d) Consultation.--In developing the recommendations and
strategies required under subsection (b), the Task Force may
consult with--
(1) local educational agencies and institutes of higher
education, including community colleges and vocational
schools; and
(2) State workforce development boards.
(e) Report.--Not later than 60 days after the submission of
the recommendations and strategies under subsection (b), 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
report containing such recommendations and strategies.
(f) Composition of Task Force.--The Secretary shall appoint
members to the Task Force whose diverse background and
expertise allow such members to contribute balanced points of
view and ideas in carrying out this section, comprised of
equal representation from each of the following:
(1) Industries in the surface transportation sector.
(2) Surface transportation sector labor organizations.
(3) Such other surface transportation stakeholders and
experts as the Secretary considers appropriate.
(g) Period of Appointment.--Members shall be appointed to
the Task Force for the duration of the existence of the Task
Force.
(h) Compensation.--Task Force members shall serve without
compensation.
(i) Sunset.--The Task Force shall terminate upon the
submission of the report required under subsection (e).
(j) Definitions.--In this section:
(1) Pre-apprenticeship.--The term ``pre-apprenticeship''
means a training model or program that prepares individuals
for acceptance into a registered apprenticeship and has a
demonstrated partnership with 1 or more registered
apprenticeships.
(2) Registered apprenticeship.--The term ``registered
apprenticeship'' means an apprenticeship program registered
under the Act of August 16, 1937 (29 U.S.C. 50 et seq.;
commonly known as the ``National Apprenticeship Act''), that
satisfies the requirements of parts 29 and 30 of title 29,
Code of Federal Regulations (as in effect on January 1,
2020).
SEC. 1611. ON-THE-JOB TRAINING AND SUPPORTIVE SERVICES.
Section 140(b) of title 23, United States Code, is amended
to read as follows:
``(b) Workforce Training and Development.--
``(1) In general.--The Secretary, in cooperation with the
Secretary of Labor and any other department or agency of the
Government, State agency, authority, association,
institution, Indian Tribal government, corporation (profit or
nonprofit), or any other organization or person, is
authorized to develop, conduct, and administer surface
transportation and technology training, including skill
improvement programs, and to develop and fund summer
transportation institutes.
``(2) State responsibilities.--A State department of
transportation participating in the program under this
subsection shall--
``(A) develop an annual workforce plan that identifies
immediate and anticipated workforce gaps and
underrepresentation of women and minorities and a detailed
plan to fill such gaps and address such underrepresentation;
``(B) establish an annual workforce development compact
with the State workforce development board and appropriate
agencies to provide a coordinated approach to workforce
training, job placement, and identification of training and
skill development program needs, which shall be coordinated
to the extent practical with an institution or agency, such
as a State workforce development board under section 101 of
the Workforce Innovation and Opportunities Act (29 U.S.C.
3111), that has established skills training, recruitment, and
placement resources; and
``(C) demonstrate program outcomes, including--
``(i) impact on areas with transportation workforce
shortages;
``(ii) diversity of training participants;
``(iii) number and percentage of participants obtaining
certifications or credentials required for specific types of
employment;
``(iv) employment outcome, including job placement and job
retention rates and earnings, using performance metrics
established in consultation with the Secretary of Labor and
consistent with metrics used by programs under the Workforce
Innovation and Opportunity Act (29 U.S.C. 3101 et seq.); and
``(v) to the extent practical, evidence that the program
did not preclude workers that participate in training or
registered apprenticeship activities under the program from
being referred to, or hired on, projects funded under this
chapter.
``(3) Funding.--From administrative funds made available
under section 104(a), the Secretary shall deduct such sums as
necessary, not to exceed $10,000,000 in each fiscal year, for
the administration of this subsection. Such sums shall remain
available until expended.
``(4) Nonapplicability of title 41.--Subsections (b)
through (d) of section 6101 of title 41
[[Page H2740]]
shall not apply to contracts and agreements made under the
authority granted to the Secretary under this subsection.
``(5) Use of surface transportation program and national
highway performance program funds.--Notwithstanding any other
provision of law, not to exceed \1/2\ of 1 percent of funds
apportioned to a State under paragraph (1) or (2) of section
104(b) may be available to carry out this subsection upon
request of the State transportation department to the
Secretary.''.
SEC. 1612. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM FUNDING
FLEXIBILITY.
(a) In General.--Any funds made available to a State for
the Appalachian development highway system program under
subtitle IV of title 40, United States Code, before the date
of enactment of this Act may be used, at the request of such
State to the Secretary of Transportation, for the purposes
described in section 133(b) of title 23, United States Code.
(b) Limitation.--The authority in subsection (a) may only
be used by an Appalachian development highway system State if
all of the Appalachian development highway system corridors
authorized by subtitle IV of title 40, United States Code, in
such State, have been fully completed and are open to traffic
prior to the State making a request to the Secretary as
described in subsection (a).
SEC. 1613. TRANSPORTATION EDUCATION DEVELOPMENT PROGRAM.
Section 504 of title 23, United States Code, is amended--
(1) in subsection (e)(1) by inserting ``and (8) through
(9)'' after ``paragraphs (1) through (4)''; and
(2) in subsection (f) by adding at the end the following:
``(4) Reports.--The Secretary shall submit to the Committee
on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate an annual report that includes--
``(A) a list of all grant recipients under this subsection;
``(B) an explanation of why each recipient was chosen in
accordance with the criteria under paragraph (2);
``(C) a summary of each recipient's objective to carry out
the purpose described in paragraph (1) and an analysis of
progress made toward achieving each such objective;
``(D) an accounting for the use of Federal funds obligated
or expended in carrying out this subsection; and
``(E) an analysis of outcomes of the program under this
subsection.''.
SEC. 1614. WORKING GROUP ON CONSTRUCTION RESOURCES.
(a) Establishment.--Not later than 120 days after the date
of enactment of this Act, the Secretary of Transportation
shall establish a working group (in this section referred to
as the ``Working Group'') to conduct a study on access to
covered resources for infrastructure projects.
(b) 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 at
least 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) Metropolitan planning organizations and regional
planning organizations.
(H) Indian Tribes, including Tribal elected leadership or
Tribal transportation officials.
(I) Any other stakeholders that the Secretary determines
appropriate.
(3) Termination.--The Working Group shall terminate 6
months after the date on which the Secretary receives the
report under subsection (e)(1).
(c) Duties.--In carrying out the study required under
subsection (a), 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 such 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.
(d) Consultation.--In carrying out the study required under
subsection (a), 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.
(e) 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
(a), including a summary of comments received during the
consultation process under subsection (d); 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 3 months 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 such
report and any recommendations, as appropriate.
(f) Definitions.--In this section:
(1) Covered resources.--The term ``covered resources''
means common variety materials 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.
SEC. 1615. NUMBERING SYSTEM OF HIGHWAY INTERCHANGES.
(a) In General.--Notwithstanding section 315 of title 23,
United States Code, and section 1.36 of title 23, Code of
Federal Regulations, the Secretary of Transportation may not
impose a penalty on a State that does not comply with section
2E.31 of the Manual on Uniform Traffic Control Devices (or a
successor section) with respect to the numbering of highway
interchanges.
(b) Applicability.--Subsection (a) shall only apply to a
method of numbering of a highway interchange in effect on the
date of enactment of this Act.
SEC. 1616. TOLL CREDITS.
(a) Purposes.--The Secretary of Transportation shall--
(1) identify the extent of the demand to purchase toll
credits;
(2) identify the expected cash price of toll credits;
(3) analyze the impact of the exchange of toll credits on
transportation expenditures; and
(4) identify any other repercussions of establishing a toll
credit exchange.
(b) Solicitation.--To carry out the requirements of this
section, the Secretary shall solicit information from States
eligible to use a credit under section 120(i) of title 23,
United States Code, including--
(1) the amount of unused toll credits, including--
(A) toll revenue generated and the sources of that revenue;
(B) 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
(C) 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;
(2) the documentation of maintenance of effort for toll
credits earned by the State; and
(3) the accuracy of the accounting system of the State to
earn and track toll credits.
(c) Website.--The Secretary shall make available a publicly
accessible website on which a State eligible to use a credit
under section 120(i) of title 23, United States Code shall
publish the information described under subsection (b)(1).
(d) Evaluation and Recommendations to Congress.--Not later
than 2 years after the date of enactment of this Act, the
Secretary 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, and
make publicly available on the website of the Department of
Transportation--
(1) an evaluation of the accuracy of the accounting and
documentation of toll credits earned under section 120(i);
(2) a determination whether a toll credit marketplace is
viable and cost effective;
(3) estimates, to the extent possible, of the average sale
price of toll credits; and
(4) recommendations on any modifications necessary,
including legislative changes, to establish and implement a
toll credit exchange program.
(e) Definition.--In this section, the term ``State'' has
the meaning given the term in section 101(a) of title 23,
United States Code.
SEC. 1617. TRANSPORTATION CONSTRUCTION MATERIALS PROCUREMENT.
(a) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Secretary of Transportation
shall initiate a review of the procurement processes used by
State departments of transportation to select construction
materials on projects utilizing Federal-aid highway funds.
(b) Contents.--The review under subsection (a) shall
include--
(1) a review of competitive practices in the bidding
process for transportation construction materials;
(2) a list of States that currently issue bids that include
flexibility in the type of construction materials used to
meet the project specifications;
(3) any information provided by States on considerations
that influence the decision to include competition by type of
material in transportation construction projects;
(4) any data on whether issuing bids that include
flexibility in the type of construction materials used to
meet the project specifications will affect project costs
over the lifecycle of an asset;
(5) any data on the degree to which competition leads to
greater use of sustainable, innovative, or resilient
materials; and
[[Page H2741]]
(6) an evaluation of any barriers to more widespread use of
competitive bidding processes for transportation construction
materials.
(c) Report.--Not later than 18 months after the date of
enactment of this Act, 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, and make publicly available, a
report on the review initiated by the Secretary pursuant to
this section.
SEC. 1618. CONSTRUCTION OF CERTAIN ACCESS AND DEVELOPMENT
ROADS.
Section 118(d) of title 23, United States Code, is amended
by striking ``and the Commonwealth of Puerto Rico'' and
inserting ``, the Commonwealth of Puerto Rico, and any other
territory of the United States''.
SEC. 1619. NATIONWIDE ROAD SAFETY ASSESSMENT.
(a) In General.--The Secretary of Transportation shall,
every 2 years, conduct nationwide, on-the-ground road safety
assessments focused on pedestrian and bicycle safety in each
State.
(b) Requirements.--The assessments required under
subsection (a) shall be conducted--
(1) by Department of Transportation field offices from the
Federal Highway Administration, the National Highway
Transportation Safety Administration, the Federal Transit
Administration, and the Federal Motor Carrier Safety
Administration; and
(2) in consultation with--
(A) State and local agencies with jurisdiction over
pedestrian and bicycle safety;
(B) pedestrian safety and bicycle safety advocacy
organizations; and
(C) other relevant pedestrian and bicycle safety
stakeholders.
(c) Purposes.--The purpose of the assessments under this
section is to--
(1) identify and examine specific locations with documented
or perceived problems with pedestrian and bicycle safety and
access;
(2) examine barriers to providing safe pedestrian and
bicycle access to transportation infrastructure; and
(3) develop and issue recommendations designed to
effectively address specific safety and access issues and
enhance pedestrian and bicycle safety in high risk areas.
(d) Report on State Assessments.--Upon completion of the
assessment of a State, the Secretary shall issue, and make
available to the public, a report containing the assessment
that includes--
(1) a list of locations that have been assessed as
presenting a danger to pedestrians or bicyclists; and
(2) recommendations to enhance pedestrian and bicycle
safety in those locations.
(e) Report on Nationwide Program.--Upon completion of the
biannual assessment nationwide required under this section,
the Secretary shall issue, and make available to the public,
that covers assessments for all jurisdictions and also
present it to the congressional transportation committees.
(f) National Pedestrian and Bicycle Safety Database.--The
Secretary, in order to enhance pedestrian and bicycle safety
and improve information sharing on pedestrian and bicycle
safety challenges between the Federal Government and State
and local governments, shall maintain a national pedestrian
and bicycle safety database that includes--
(1) a list of high-risk intersections, roads, and highways
with a documented history of pedestrian or bicycle accidents
or fatalities and details regarding those incidents; and
(2) information on corrective measures that have been
implemented at the State, local, or Federal level to enhance
pedestrian and bicyclist safety at those high risk areas,
including details on the nature and date of corrective
action.
(g) State Defined.--In this section, the term ``State''
means each of the States, the District of Columbia, and
Puerto Rico.
SEC. 1620. WILDLIFE CROSSINGS.
(a) In General.--
(1) Obligation requirement.--For each of fiscal years 2022
through 2025, of the amounts apportioned to a State under
paragraph (1) of section 104(b) of title 23, United States
Code, each State shall obligate amounts distributed to such
State under subsection (b) for projects and strategies that
reduce vehicle-caused wildlife mortality related to, or to
restore and maintain connectivity among terrestrial or
aquatic habitats affected by, a transportation facility
otherwise eligible for assistance under section 119 of title
23, United States Code.
(2) Total amount.--The total amount to be obligated by all
States under paragraph (1) shall equal $75,000,000 for each
of fiscal years 2022 through 2025.
(b) Distribution.--Each State's share of the amount
described under subsection (a)(2) shall be determined by
multiplying the amount described under such subsection by the
ratio that--
(1) the amount apportioned in the previous fiscal year to
the State under section 104 of title 23, United States Code;
bears to
(2) the total amount of funds apportioned to all States in
the previous fiscal year.
(c) State Flexibility.--
(1) In general.--A State may opt out of the obligation
requirement described under this section if the Governor of
the State notifies the Secretary that the State has
inadequate needs to justify the expenditure not later than 30
days prior to apportionments being made for any fiscal year.
(2) Use of funds.--A State that exercises the authority
under paragraph (1) may use the funds described under this
section for any purpose described under section 119 of title
23, United States Code.
SEC. 1621. CLIMATE RESILIENT TRANSPORTATION INFRASTRUCTURE
STUDY.
(a) Climate Resilient Transportation Infrastructure
Study.--Not later than 180 days after the date of enactment
of this Act, the Secretary of Transportation shall enter into
an agreement with the Transportation Research Board of the
National Academies to conduct a study of the actions needed
to ensure that Federal agencies are taking into account
current and future climate conditions in planning, designing,
building, operating, maintaining, investing in, and upgrading
any federally funded transportation infrastructure
investments.
(b) Methodologies.--In conducting the study, the
Transportation Research Board shall build on the
methodologies examined and recommended in--
(1) the 2018 report issued the American Society of Civil
Engineers, titled ``Climate-Resilient Infrastructure:
Adaptive Design and Risk Management''; and
(2) the report issued by the California Climate-Safe
Infrastructure Working Group, titled ``Paying it Forward: The
Path Toward Climate-Safe Infrastructure in California''.
(c) Contents of Study.--The study shall include specific
recommendations regarding the following:
(1) Integrating scientific knowledge of projected climate
change impacts, and other relevant data and information, into
Federal infrastructure planning, design, engineering,
construction, operation and maintenance.
(2) Addressing critical information gaps and challenges.
(3) Financing options to help fund climate-resilient
infrastructure.
(4) A platform or process to facilitate communication
between climate scientists and other experts with
infrastructure planners, engineers and other relevant
experts.
(5) A stakeholder process to engage with representatives of
State, local, tribal and community groups.
(6) A platform for tracking Federal funding of climate-
resilient infrastructure.
(d) Considerations.--In carrying out the study, the
Transportation Research Board shall determine the need for
information related to climate resilient transportation
infrastructure by considering--
(1) the current informational and institutional barriers to
integrating projected infrastructure risks posed by climate
change into federal infrastructure planning, design,
engineering, construction, operation and maintenance;
(2) the critical information needed by engineers, planners
and those charged with infrastructure upgrades and
maintenance to better incorporate climate change risks and
impacts over the lifetime of projects;
(3) how to select an appropriate, adaptive engineering
design for a range of future climate scenarios as related to
infrastructure planning and investment;
(4) how to incentivize and incorporate systems thinking
into engineering design to maximize the benefits of multiple
natural functions and emissions reduction, as well as
regional planning;
(5) how to take account of the risks of cascading
infrastructure failures and develop more holistic approaches
to evaluating and mitigating climate risks;
(6) how to ensure that investments in infrastructure
resilience benefit all communities, including communities of
color, low-income communities and tribal communities that
face a disproportionate risk from climate change and in many
cases have experienced long-standing unmet needs and
underinvestment in critical infrastructure;
(7) how to incorporate capital assessment and planning
training and techniques, including a range of financing
options to help local and State governments plan for and
provide matching funds; and
(8) how federal agencies can track and monitor federally
funded resilient infrastructure in a coordinated fashion to
help build the understanding of the cost-benefit of resilient
infrastructure and to build the capacity for implementing
resilient infrastructure.
(e) Consultation.--In carrying out the study, the
Transportation Research Board--
(1) shall convene and consult with a panel of national
experts, including operators and users of Federal
transportation infrastructure and private sector
stakeholders; and
(2) is encouraged to consult with--
(A) representatives from the thirteen federal agencies that
comprise the United States Global Change Research Program;
(B) representatives from the Department of the Treasury;
(C) professional engineers with relevant expertise in
infrastructure design;
(D) scientists from the National Academies with relevant
expertise;
(E) scientists, social scientists and experts from academic
and research institutions who have expertise in climate
change projections and impacts; engineering; architecture; or
other relevant areas of expertise;
(F) licensed architects with relevant experience in
infrastructure design;
(G) certified planners;
(H) representatives of State, local and Tribal governments;
and
(I) representatives of environmental justice groups.
(f) Report.--Not later than 3 years after the date of
enactment of this Act, the Transportation Research Board
shall submit to the Secretary, the Committee on
Transportation and Infrastructure of the House of
Representatives, and the Committee on Environment and Public
Works of the Senate a report on the results of the study
conducted under this section.
SEC. 1622. ELIMINATION OF DUPLICATION OF ENVIRONMENTAL
REVIEWS AND APPROVALS.
The Secretary of Transportation shall issue a final rule
implementing the program under section 330 of title 23,
United States Code.
[[Page H2742]]
SEC. 1623. AMBER ALERTS ALONG MAJOR TRANSPORTATION ROUTES.
(a) In General.--Section 303 of the PROTECT Act (34 U.S.C.
20503) is amended--
(1) in the section heading, by inserting ``and major
transportation routes'' after ``along highways'';
(2) in subsection (a)--
(A) by inserting ``(referred to in this section as the
`Secretary')'' after ``Secretary of Transportation''; and
(B) by inserting ``and at airports, maritime ports, border
crossing areas and checkpoints, and ports of exit from the
United States'' after ``along highways'';
(3) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``other motorist information systems to
notify motorists'' and inserting ``other information systems
to notify motorists, aircraft passengers, ship passengers,
and travelers''; and
(ii) by inserting ``, aircraft passengers, ship passengers,
and travelers'' after ``necessary to notify motorists''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``other motorist
information systems to notify motorists'' and inserting
``other information systems to notify motorists, aircraft
passengers, ship passengers, and travelers'';
(ii) in subparagraph (D), by inserting ``, aircraft
passengers, ship passengers, and travelers'' after ``support
the notification of motorists'';
(iii) in subparagraph (E), by inserting ``, aircraft
passengers, ship passengers, and travelers'' after
``motorists'', each place it appears;
(iv) in subparagraph (F), by inserting ``, aircraft
passengers, ship passengers, and travelers'' after
``motorists''; and
(v) in subparagraph (G), by inserting ``, aircraft
passengers, ship passengers, and travelers'' after
``motorists'';
(4) in subsection (c), by striking ``other motorist
information systems to notify motorists'', each place it
appears, and inserting ``other information systems to notify
motorists, aircraft passengers, ship passengers, and
travelers'';
(5) by amending subsection (d) to read as follows:
``(d) Federal Share.--
``(1) In general.--Except as provided in paragraph (2), the
Federal share of the cost of any activities funded by a grant
under this section may not exceed 80 percent.
``(2) Waiver.--If the Secretary determines that American
Samoa, Guam, the Northern Mariana Islands, Puerto Rico, or
the Virgin Islands of the United States is unable to comply
with the requirement under paragraph (1), the Secretary shall
waive such requirement.'';
(6) in subsection (g)--
(A) by striking ``In this section'' and inserting ``In this
subtitle''; and
(B) by striking ``or Puerto Rico'' and inserting ``American
Samoa, Guam, Puerto Rico, the Northern Mariana Islands, the
Virgin Islands of the United States, and any other territory
of the United States''.
(b) Technical and Conforming Amendment.--The table of
contents in section 1(b) of the PROTECT Act (Public Law 108-
21) is amended by striking the item relating to section 303
and inserting the following:
``Sec. 303. Grant program for notification and communications systems
along highways and major transportation routes for
recovery of abducted children.''.
SEC. 1624. NATURAL GAS, ELECTRIC BATTERY, AND ZERO EMISSION
VEHICLES.
Subsection (s) of section 127 of title 23, United States
Code is amended to read as follows:
``(s) Natural Gas, Electric Battery, and Zero Emission
Vehicles.--A vehicle, if operated by an engine fueled
primarily by natural gas, powered primarily by means of
electric battery power, or fueled primarily by means of other
zero emission fuel technologies, may exceed the weight limit
on the power unit by up to 2,000 pounds (up to a maximum
gross vehicle weight of 82,000 pounds) under this section.''.
SEC. 1625. GUIDANCE ON EVACUATION ROUTES.
(a) In General.--
(1) Guidance.--The Administrator of the Federal Highway
Administration, in coordination with the Administrator of the
Federal Emergency Management Agency, and consistent with
guidance issued by the Federal Emergency Management Agency
pursuant to section 1209 of the Disaster Recovery Reform Act
of 2018 (Public Law 115-254), shall revise existing guidance
or issue new guidance as appropriate for State, local, and
Indian Tribal governments regarding the design, construction,
maintenance, and repair of evacuation routes.
(2) Considerations.--In revising or issuing guidance under
subsection (a)(1), the Administrator of the Federal Highway
Administration shall consider--
(A) methods that assist evacuation routes to--
(i) withstand likely risks to viability, including
flammability and hydrostatic forces;
(ii) improve durability, strength (including the ability to
withstand tensile stresses and compressive stresses), and
sustainability; and
(iii) provide for long-term cost savings;
(B) the ability of evacuation routes to effectively manage
contraflow operations;
(C) for evacuation routes on public lands, the viewpoints
of the applicable Federal land management agency regarding
emergency operations, sustainability, and resource
protection; and
(D) such other items the Administrator of the Federal
Highway Administration considers appropriate.
(3) Report.--In the case in which the Administrator of the
Federal Highway Administration, in consultation with the
Administrator of the Federal Emergency Management Agency,
concludes existing guidance addresses the considerations in
paragraph (2), The Administrator of the Federal Highway
Administration 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 detailed report describing how existing
guidance addresses such considerations.
(b) Study.--The Administrator of the Federal Highway
Administration, in coordination with the Administrator of the
Federal Emergency Management Agency and State, local,
territorial, and Indian Tribal governments, shall--
(1) conduct a study of the adequacy of available evacuation
routes to accommodate the flow of evacuees; and
(2) submit recommendations to Congress on how to help with
anticipated evacuation route flow, based on the study
conducted under paragraph (1).
SEC. 1626. HIGH PRIORITY CORRIDORS ON NATIONAL HIGHWAY
SYSTEM.
Section 1105(c) of the Intermodal Surface Transportation
Efficiency Act of 1991 is amended by adding at the end the
following:
``(92) The Louisiana Capital Region High Priority Corridor,
which shall generally follow--
``(A) Interstate 10, between its intersections with
Interstate 12 and Louisiana Highway 415;
``(B) Louisiana Highway 415, between its intersections with
Interstate 10 and United States route 190;
``(C) United States route 190, between its intersections
with Louisiana Highway 415 and intersection with
Interstate110;
``(D) Interstate 110, between its intersections with United
States route 190 and Interstate 10;
``(E) Louisiana Highway 30, near St. Gabriel, LA and its
intersections with Interstate 10;
``(F) Louisiana Highway 1, near White Castle, LA and its
intersection with Interstate 10; and
``(G) A bridge connecting Louisiana Highway 1 with
Louisiana Highway 30, south of the Interstate described in
subparagraph (A).''.
SEC. 1627. GUIDANCE ON INUNDATED AND SUBMERGED ROADS.
Upon issuance of guidance issued pursuant to section 1228
of the Disaster Recovery Reform Act of 2018 (Public Law 115-
254), the Administrator of the Federal Highway
Administration, in consultation with the Administrator of the
Federal Emergency Management Agency, shall review such
guidance and issue guidance regarding repair, restoration,
and replacement of inundated and submerged roads damaged or
destroyed by a major disaster declared pursuant to the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.) with respect to roads eligible for
assistance under Federal Highway Administration programs.
SEC. 1628. DRY BULK WEIGHT TOLERANCE.
Section 127 of title 23, United States Code, is amended by
adding at the end the following:
``(v) Dry Bulk Weight Tolerance.--
``(1) Definition of dry bulk goods.--In this subsection,
the term `dry bulk goods' means any homogeneous unmarked
nonliquid cargo being transported in a trailer specifically
designed for that purpose.
``(2) Weight tolerance.--Notwithstanding any other
provision of this section, except for the maximum gross
vehicle weight limitation, a commercial motor vehicle
transporting dry bulk goods may not exceed 110 percent of the
maximum weight on any axle or axle group described in
subsection (a), including any enforcement tolerance.''.
SEC. 1629. HIGHWAY USE TAX EVASION PROJECTS.
Section 143(b)(2)(A) of title 23, United States Code, is
amended by striking ``2016 through 2020'' and inserting
``2022 through 2025''.
SEC. 1630. THE UNITED STATES OPPOSES CHILD LABOR.
It is the policy of the United States that funds authorized
or made available by this Act, or the amendments made by this
Act, should not be used to purchase products produced whole
or in part through the use of child labor, as such term is
defined in Article 3 of the International Labor Organization
Convention concerning the prohibition and immediate action
for the elimination of the worst forms of child labor
(December 2, 2000), or in violation of human rights.
TITLE II--PUBLIC TRANSPORTATION
Subtitle A--Federal Transit Administration
SEC. 2101. AUTHORIZATIONS.
(a) In General.--Section 5338 of title 49, United States
Code, is amended to read as follows:
``Sec. 5338. Authorizations
``(a) Grants.--
``(1) In general.--There shall be available from the Mass
Transit Account of the Highway Trust Fund to carry out
sections 5305, 5307, 5308, 5310, 5311, 5312, 5314, 5318,
5320, 5328, 5335, 5337, 5339, and 5340--
``(A) $16,185,800,000 for fiscal year 2022;
``(B) $16,437,600,000 for fiscal year 2023;
``(C) $16,700,600,000 for fiscal year 2024; and
``(D) $16,963,600,000 for fiscal year 2025.
``(2) Allocation of funds.--Of the amounts made available
under paragraph (1)--
``(A) $189,879,151 for fiscal year 2022, $192,841,266 for
fiscal year 2023, $195,926,726 for fiscal year 2024, and
$199,002,776 for fiscal year 2025, shall be available to
carry out section 5305;
``(B) $7,505,830,848 for fiscal year 2022, $7,622,921,809
for fiscal year 2023, $7,744,888,558 for fiscal year 2024,
and $7,866,483,309 for fiscal year 2025 shall be allocated in
accordance with section 5336 to provide financial assistance
for urbanized areas under section 5307;
``(C) $101,510,000 for fiscal year 2022, $103,093,556 for
fiscal year 2023, $104,743,053 for fiscal year 2024, and
$106,387,519 for fiscal year 2025 shall be available for
grants under section 5308;
[[Page H2743]]
``(D) $434,830,298 for fiscal year 2022, $441,613,651 for
fiscal year 2023, $448,679,469 for fiscal year 2024, and
$455,723,737 for fiscal year 2025 shall be available to carry
out section 5310, of which not less than--
``(i) $5,075,500 for fiscal year 2022, $5,154,678 for
fiscal year 2023, $5,237,153 for fiscal year 2024, and
$5,319,376 for fiscal year 2025 shall be available to carry
out section 5310(j); and
``(ii) $20,302,000 for fiscal year 2022, $20,618,711 for
fiscal year 2023, $20,948,611 for fiscal year 2024, and
$21,277,504 for fiscal year 2025 shall be available to carry
out section 5310(k);
``(E) $1,025,199,724 for fiscal year 2022, $1,041,192,839
for fiscal year 2023, $1,057,851,925 for fiscal year 2024,
and $1,074,460,200 for fiscal year 2025 shall be available to
carry out section 5311, of which not less than--
``(i) $55,679,500 for fiscal year 2022, $56,392,100 for
fiscal year 2023, $57,134,374 for fiscal year 2024, and
$57,874,383 for fiscal year 2025 shall be available to carry
out section 5311(c)(1); and
``(ii) $50,755,000 for fiscal year 2022, $51,546,778 for
fiscal year 2023, $52,371,526 for fiscal year 2024, and
$53,193,759 for fiscal year 2025 shall be available to carry
out section 5311(c)(2);
``(F) $33,498,300 for fiscal year 2022, $34,020,873 for
fiscal year 2023, $34,565,207 for fiscal year 2024, and
$35,107,881 for fiscal year 2025 shall be available to carry
out section 5312, of which not less than--
``(i) $5,075,500 for fiscal year 2022, $5,154,678 for
fiscal year 2023, $5,237,153 for fiscal year 2024, and
$5,319,376 for fiscal year 2025 shall be available to carry
out each of sections 5312(d)(3), 5312(d)(4) and 5312(j);
``(ii) $3,045,300 for fiscal year 2022, $3,092,807 for
fiscal year 2023, $3,142,292 for fiscal year 2024, and
$3,191,626 for fiscal year 2025 shall be available to carry
out section 5312(h); and
``(iii) $10,151,000 for fiscal year 2022, $10,309,356 for
fiscal year 2023, $10,474,305 for fiscal year 2024, and
$10,638,752 for fiscal year 2025 shall be available to carry
out section 5312(i);
``(G) $23,347,300 for fiscal year 2022, $23,711,518 for
fiscal year 2023, $24,090,902 for fiscal year 2024, and
$24,469,129 for fiscal year 2025 shall be available to carry
out section 5314, of which not less than--
``(i) $4,060,400 for fiscal year 2022, $4,123,742 for
fiscal year 2023, $4,189,722 for fiscal year 2024, and
$4,255,501 for fiscal year 2025 shall be available to carry
out section of 5314(a);
``(ii) $5,075,500 for fiscal year 2022, $5,154,678 for
fiscal year 2023, $5,237,153 for fiscal year 2024, and
$5,319,376 for fiscal year 2025 shall be available to carry
out section 5314(c); and
``(iii) $12,181,200 for fiscal year 2022, $12,371,227 for
fiscal year 2023, $12,569,166 for fiscal year 2024, and
$12,766,502 for fiscal year 2025 shall be available to carry
out section 5314(b)(2);
``(H) $5,075,500 for fiscal year 2022, $5,154,678 for
fiscal year 2023, $5,237,153 for fiscal year 2024, and
$5,319,376 for fiscal year 2025 shall be available to carry
out section 5318;
``(I) $30,453,000 for fiscal year 2022, $30,928,067 for
fiscal year 2023, $31,422,916 for fiscal year 2024, and
$31,916,256 for fiscal year 2025 shall be available to carry
out section 5328, of which not less than--
``(i) $25,377,500 for fiscal year 2022, $25,773,389 for
fiscal year 2023, $26,185,763 for fiscal year 2024, and
$26,596,880 for fiscal year 2025 shall be available to carry
out section of 5328(b); and
``(ii) $2,537,750 for fiscal year 2022, $2,577,339 for
fiscal year 2023, $2,618,576 for fiscal year 2024, and
$2,659,688 for fiscal year 2025 shall be available to carry
out section 5328(c);
``(J) $4,060,400 for fiscal year 2022, $4,123,742 for
fiscal year 2023, $4,189,722 for fiscal year 2024, and
$4,255,501 for fiscal year 2025 shall be available to carry
out section 5335;
``(K) $4,192,573,361 for fiscal year 2022, $4,266,448,314
for fiscal year 2023, $4,344,093,870 for fiscal year 2024,
and $4,422,314,724 for fiscal year 2025 shall be available to
carry out section 5337;
``(L) to carry out the bus formula program under section
5339(a)--
``(i) $1,240,328,213 for fiscal year 2022, $1,259,667,334
for fiscal year 2023, $1,279,832,171 for fiscal year 2024,
and $1,299,925,536 for fiscal year 2025; except that
``(ii) 15 percent of the amounts under clause (i) shall be
available to carry out 5339(d);
``(M) $437,080,000 for fiscal year 2022, $424,748,448 for
fiscal year 2023, $387,944,423 for fiscal year 2024, and
$351,100,151 for fiscal year 2025 shall be available to carry
out section 5339(b);
``(N) $375,000,000 for fiscal year 2022, $400,000,000 for
fiscal year 2023, $450,000,000 for fiscal year 2024, and
$500,000,000 for fiscal year 2025 shall be available to carry
out section 5339(c); and
``(O) $587,133,905 for each of fiscal years 2022 through
2025 shall be available to carry out section 5340 to provide
financial assistance for urbanized areas under section 5307
and rural areas under section 5311, of which--
``(i) $309,688,908 for each of fiscal years 2022 through
2025 shall be for growing States under section 5340(c); and
``(ii) $277,444,997 for each of fiscal years 2022 through
2025 shall be for high density States under section 5340(d).
``(b) Capital Investment Grants.--There are authorized to
be appropriated to carry out section 5309 $3,500,000,000 for
fiscal year 2022, $4,250,000,000 for fiscal year 2023,
$5,000,000,000 for fiscal year 2024, and 5,500,000,000 for
fiscal year 2025.
``(c) Administration.--
``(1) In general.--There are authorized to be appropriated
to carry out section 5334, $142,060,785 for fiscal year 2022,
$144,191,696 for fiscal year 2023, $146,412,248 for fiscal
year 2024, and 148,652,356 for fiscal year 2025.
``(2) Section 5329.--Of the amounts authorized to be
appropriated under paragraph (1), not less than $6,000,000
for each of fiscal years 2022 through 2025 shall be available
to carry out section 5329.
``(3) Section 5326.--Of the amounts made available under
paragraph (2), not less than $2,500,000 for each of fiscal
years 2022 through 2025 shall be available to carry out
section 5326.
``(d) Oversight.--
``(1) In general.--Of the amounts made available to carry
out this chapter for a fiscal year, the Secretary may use not
more than the following amounts for the activities described
in paragraph (2):
``(A) 0.5 percent of amounts made available to carry out
section 5305.
``(B) 0.75 percent of amounts made available to carry out
section 5307.
``(C) 1 percent of amounts made available to carry out
section 5309.
``(D) 1 percent of amounts made available to carry out
section 601 of the Passenger Rail Investment and Improvement
Act of 2008 (Public Law 110-432; 126 Stat. 4968).
``(E) 0.5 percent of amounts made available to carry out
section 5310.
``(F) 0.5 percent of amounts made available to carry out
section 5311.
``(G) 1 percent of amounts made available to carry out
section 5337, of which not less than 25 percent of such
amounts shall be available to carry out section 5329 and of
which not less than 10 percent of such amounts shall be made
available to carry out section 5320.
``(H) 1 percent of amounts made available to carry out
section 5339 of which not less than 10 percent of such
amounts shall be made available to carry out section 5320.
``(I) 1 percent of amounts made available to carry out
section 5308.
``(2) Activities.--The activities described in this
paragraph are as follows:
``(A) Activities to oversee the construction of a major
capital project.
``(B) Activities to review and audit the safety and
security, procurement, management, and financial compliance
of a recipient or subrecipient of funds under this chapter.
``(C) Activities to provide technical assistance generally,
and to provide technical assistance to correct deficiencies
identified in compliance reviews and audits carried out under
this section.
``(3) Government share of costs.--The Government shall pay
the entire cost of carrying out a contract under this
subsection/activities described in paragraph (2).
``(4) Availability of certain funds.--Funds made available
under paragraph (1)(C) shall be made available to the
Secretary before allocating the funds appropriated to carry
out any project under a full funding grant agreement.
``(e) Grants as Contractual Obligations.--
``(1) Grants financed from highway trust fund.--A grant or
contract that is approved by the Secretary and financed with
amounts made available from the Mass Transit Account of the
Highway Trust Fund pursuant to this section is a contractual
obligation of the Government to pay the Government share of
the cost of the project.
``(2) Grants financed from general fund.--A grant or
contract that is approved by the Secretary and financed with
amounts appropriated in advance from the general fund of the
Treasury pursuant to this section is a contractual obligation
of the Government to pay the Government share of the cost of
the project only to the extent that amounts are appropriated
for such purpose by an Act of Congress.
``(f) Availability of Amounts.--Amounts made available by
or appropriated under this section shall remain available
until expended.
``(g) Limitation on Financial Assistance for State-Owned
Enterprises.--
``(1) In general.--Funds provided under this section may
not be used in awarding a contract, subcontract, grant, or
loan to an entity that is owned or controlled by, is a
subsidiary of, or is otherwise related legally or financially
to a corporation based in a country that--
``(A) is identified 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 this Act;
``(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 priority
foreign country under subsection (a)(2) of that 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).
``(2) Exception.--For purposes of paragraph (1), the term
`otherwise related legally or financially' does not include a
minority relationship or investment.
``(3) International agreements.--This subsection shall be
applied in a manner consistent with the obligations of the
United States under international agreements.''.
(b) Conforming Amendments.--
(1) Section 5311 of title 49, United States Code, is
amended by striking ``5338(a)(2)(F)'' and inserting
``5338(a)(2)(E)''.
(2) Section 5312(i)(1) of title 49, United States Code, is
amended by striking ``5338(a)(2)(G)(ii)'' and inserting
``5338(a)(2)(F)(iii)''.
(3) Section 5333(b) of title 49, United States Code, is
amended by striking ``5328, 5337, and 5338(b)'' each place it
appears and inserting ``and 5337''.
(4) Section 5336 of title 49, United States Code, is
amended--
(A) in subsection (d)(1) by striking ``5338(a)(2)(C)'' and
inserting ``5338(a)(2)(B)''; and
(B) in subsection (h) by striking ``5338(a)(2)(C)'' and
inserting ``5338(a)(2)(B)''.
(5) Subsections (c) and (d)(1) of section 5327 of title 49,
United States Code, are amended by striking ``5338(f)'' and
inserting ``5338(d)''.
(6) Section 5340(b) of title 49, United States Code, is
amended by striking ``5338(b)(2)(N)'' and inserting
``5338(a)(2)(O)''.
[[Page H2744]]
SEC. 2102. CHAPTER 53 DEFINITIONS.
Section 5302 of title 49, United States Code, is amended--
(1) in paragraph (1)(E)--
(A) by striking ``and the installation'' and inserting ``,
the installation''; and
(B) by inserting ``, and bikeshare projects'' after
``public transportation vehicles'';
(2) in paragraph (3)--
(A) in subparagraph (G) by striking clause (iii) and
inserting the following:
``(iii) provides a fair share of revenue established by the
Secretary that will be used for public transportation, except
for a joint development that is a community service (as
defined by the Federal Transit Administration), publicly
operated facility, or offers a minimum of 50 percent of units
as affordable housing, meaning legally binding affordability
restricted housing units available to tenants with incomes
below 60 percent of the area median income or owners with
incomes below the area median;''; and
(B) in subparagraph (N)--
(i) by striking ``no emission'' and inserting ``zero
emission''; and
(ii) by striking ``(as defined in section 5339(c))''; and
(3) by adding at the end the following:
``(25) Resilience.--
``(A) In general.--The term `resilience' means, with
respect to a facility, the ability to--
``(i) anticipate, prepare for, or adapt to conditions; or
``(ii) withstand, respond to, or recover rapidly from
disruptions.
``(B) Inclusions.--Such term includes, with respect to a
facility, the ability to--
``(i) resist hazards or withstand impacts from disruptions;
``(ii) reduce the magnitude, duration, or impact of a
disruption; or
``(iii) have the absorptive capacity, adaptive capacity,
and recoverability to decrease vulnerability to a disruption.
``(26) Assault on a transit worker.--The term `assault on a
transit worker' means any circumstance in which an individual
knowingly, without lawful authority or permission, and with
intent to endanger the safety of any individual, or with a
reckless disregard for the safety of human life, interferes
with, disables, or incapacitates any transit worker while the
transit worker is performing his or her duties.''.
SEC. 2103. GENERAL PROVISIONS.
Section 5323 of title 49, United States Code, is amended--
(1) in subsection (d)--
(A) in paragraph (1) by striking ``urban area'' and
inserting ``urbanized area'';
(B) by adding at the end the following:
``(3) Exceptions.--This subsection shall not apply to
financial assistance under this chapter--
``(A) in which the non-Federal share of project costs are
provided from amounts received under a service agreement with
a State or local social service agency or private social
service organization pursuant to section 5307(d)(3)(E) or
section 5311(g)(3)(C);
``(B) provided to a recipient or subrecipient whose sole
receipt of such assistance derives from section 5310; or
``(C) provided to a recipient operating a fixed route
service that is--
``(i) for a period of less than 30 days;
``(ii) accessible to the public;
``(iii) contracted by a local government entity that
provides local cost share to the recipient; and
``(iv) not contracted for the purposes of a convention or
on behalf of a convention and visitors bureau.
``(4) Guidelines.--The Secretary shall publish guidelines
for grant recipients and private bus operators that clarify
when and how a transit agency may step back and provide the
service in the event a registered charter provider does not
contact the customer, provide a quote, or provide the
service.'';
(2) in subsection (h)--
(A) in paragraph (1) by adding ``or'' at the end; and
(B) by striking paragraph (2) and redesignating paragraph
(3) as paragraph (2);
(3) by striking subsection (j) and inserting the following:
``(j) Reporting Accessibility Complaints.--
``(1) In general.--The Secretary shall ensure that an
individual who believes that he or she, or a specific class
in which the individual belongs, has been subjected to
discrimination on the basis of disability by a State or local
governmental entity, private nonprofit organization, or Tribe
that operates a public transportation service and is a
recipient or subrecipient of funds under this chapter, may,
by the individual or by an authorized representative, file a
complaint with the Department of Transportation.
``(2) Procedures.--Not later than 1 year after the date of
enactment of the INVEST in America Act, the Secretary shall
implement procedures that allow an individual to submit a
complaint described in paragraph (1) by phone, mail-in form,
and online through the website of the Office of Civil Rights
of the Federal Transit Administration.
``(3) Notice to individuals with disabilities.--Not later
than 12 months after the date of enactment of the INVEST in
America Act, the Secretary shall require that each public
transit provider and contractor providing paratransit
services shall include on a publicly available website of the
service provider, any related mobile device application, and
online service--
``(A) notice that an individual can file a disability-
related complaint with the local transit agency and the
process and any timelines for filing such a complaint;
``(B) the telephone number, or a comparable electronic
means of communication, for the disability assistance hotline
of the Office of Civil Rights of the Federal Transit
Administration;
``(C) notice that a consumer can file a disability related
complaint with the Office of Civil Rights of the Federal
Transit Administration; and
``(D) an active link to the website of the Office of Civil
Rights of the Federal Transit Administration for an
individual to file a disability-related complaint.
``(4) Investigation of complaints.--Not later than 60 days
after the last day of each fiscal year, the Secretary shall
publish a report that lists the disposition of complaints
described in paragraph (1), including--
``(A) the number and type of complaints filed with
Department of Transportation;
``(B) the number of complaints investigated by the
Department;
``(C) the result of the complaints that were investigated
by the Department including whether the complaint was
resolved--
``(i) informally;
``(ii) by issuing a violation through a noncompliance
Letter of Findings; or
``(iii) by other means, which shall be described; and
``(D) if a violation was issued for a complaint, whether
the Department resolved the noncompliance by--
``(i) reaching a voluntary compliance agreement with the
entity;
``(ii) referring the matter to the Attorney General; or
``(iii) by other means, which shall be described.
``(5) Report.--The Secretary shall, upon implementation of
this section and annually thereafter, submit to the Committee
on Transportation and Infrastructure of the House of
Representatives, the Committee on Banking, Housing, and Urban
Affairs of the Senate, and make publicly available a report
containing the information collected under this section.'';
(4) by striking subsection (m) and inserting the following:
``(m) Preaward and Postdelivery Review of Rolling Stock
Purchases.--The Secretary shall prescribe regulations
requiring a preaward and postdelivery review of a grant under
this chapter to buy rolling stock to ensure compliance with
bid specifications requirements of grant recipients under
this chapter. Under this subsection, grantee inspections and
review are required, and a manufacturer certification is not
sufficient.''; and
(5) in subsection (r)--
(A) by inserting ``or beneficial'' after ``detrimental'';
(B) by striking the period at the end and inserting ``;
and'';
(C) by striking ``under this chapter may not deny'' and
inserting the following: ``under this chapter--
``(1) may not deny''; and
(D) by adding at the end the following:
``(2) shall respond to any request for reasonable access
within 75 days of the receipt of the request and, if a
recipient of assistance under this chapter denies access to a
private intercity or charter transportation operator based on
the reasonable access standards, provide, in writing, the
reasons for the denial.''.
SEC. 2104. MISCELLANEOUS PROVISIONS.
(a) State of Good Repair Grants.--Section 5337(e) of title
49, United States Code, is amended by adding at the end the
following:
``(3) Accessibility costs.--Notwithstanding paragraph (1),
the Federal share of the net project cost of a project to
provide accessibility in compliance with the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) shall be
90 percent.''.
(b) Apportionments Based on Growing States and High Density
States Formula Factors.--Section 5340(a) of title 49, United
States Code, is amended by inserting ``and the District of
Columbia'' after ``United States''.
(c) Technical Assistance and Workforce Development.--
Section 5314 of title 49, United States Code, is amended--
(1) in subsection (a)(1)(B)--
(A) in clause (i) by striking ``; and'' and inserting a
semicolon;
(B) in clause (ii) by striking the period and inserting ``;
and''; and
(C) by adding at the end the following:
``(iii) technical assistance to assist recipients with the
impacts of a new census count.''; and
(2) in subsection (c)(4)(A) by inserting ``, 5311'' after
``5307''.
(d) National Transit Database.--Section 5335 of title 49,
United States Code, is amended--
(1) in subsection (a) by inserting ``, including
information on transit routes and ridership on those routes''
after ``public sector investment decision''; and
(2) in subsection (c) by inserting ``, any data on each
assault on a transit worker, and pedestrian injuries and
fatalities as a result of an impact with a bus. Each of the
data sets shall be publicly reported without aggregating the
data with other safety data'' after ``by the recipient''.
(e) Urbanized Area Formula Grants.--Section 5307 of title
49, United States Code, is amended--
(1) in subsection (a)(2)(A)--
(A) in clause (i) by striking ``or'' at the end; and
(B) by adding at the end the following:
``(iii) operate a minimum of 101 buses and a maximum of 125
buses in fixed route service or demand response service,
excluding ADA complementary paratransit service, during peak
service hours, in an amount not to exceed 25 percent of the
share of the apportionment which is attributable to such
systems within the urbanized area, as measured by vehicle
revenue hours; or'';
(2) in subsection (a)(2)(B)--
(A) in clause (i) by striking ``or'' at the end;
[[Page H2745]]
(B) in clause (ii) by striking the period at the end and
inserting ``; or''; and
(C) by adding at the end the following:
``(iii) operate a minimum of 101 buses and a maximum of 125
buses in fixed route service or demand response service,
excluding ADA complementary paratransit service, during peak
service hours, in an amount not to exceed 25 percent of the
share of the apportionment allocated to such systems within
the urbanized area, as determined by the local planning
process and included in the designated recipient's final
program of projects prepared under subsection (b).''; and
(3) in subsection (b)--
(A) in paragraph (6) by striking ``and'' at the end;
(B) by redesignating paragraph (7) as paragraph (8); and
(C) by inserting after paragraph (6) the following:
``(7) ensure that the proposed program of projects provides
improved access to transit for the individuals described in
section 5336(j); and''.
(f) Technical Correction.--Section 5307(a)(2)(B)(ii) of
title 49, United States Code, is amended by striking
``service during peak'' and inserting ``service, during
peak''.
(g) Imposition of Deadline.--Section 5324 of title 49,
United States Code, is amended by adding at the end the
following:
``(f) Imposition of Deadline.--
``(1) In general.--Notwithstanding any other provision of
law, the Secretary may not require any project funded under
this section to advance to the construction obligation stage
before the date that is the last day of the sixth fiscal year
after the later of--
``(A) the date on which the Governor declared the
emergency, as described in subsection (d)(1)(A); or
``(B) the date on which the President declared the
emergency to be a major disaster, as described in such
subsection.
``(2) Extension of deadline.--If the Secretary imposes a
deadline for advancement to the construction obligation stage
pursuant to paragraph (1), the Secretary may, upon the
request of the Governor of the State, issue an extension of
not more than 1 year to complete such advancement, and may
issue additional extensions after the expiration of any
extension, if the Secretary determines the Governor of the
State has provided suitable justification to warrant such an
extension.''.
(h) Transportation Development Credits as Local Match.--
(1) Section 5307.--Section 5307(d)(3) of title 49, United
States Code, is amended--
(A) in subparagraph (D) by striking ``; and'' and inserting
a semicolon;
(B) in subparagraph (E) by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(F) transportation development credits.''.
(2) Section 5309.--Section 5309 of title 49, United States
Code, is amended--
(A) in subsection (f) by adding at the end the following:
``(3) Transportation development credits.--For purposes of
assessments and determinations under this subsection or
subsection (h), transportation development credits that are
included as a source of local financing or match shall be
treated the same as other sources of local financing.''; and
(B) in subsection (l)(4)--
(i) in subparagraph (B) by striking ``; or'' and inserting
a semicolon;
(ii) in subparagraph (C) by striking the period and
inserting ``; or''; and
(iii) by adding at the end the following:
``(D) transportation development credits.''.
(3) Section 5339.--Section 5339(a)(7)(B) of title 49,
United States Code, is amended--
(A) in clause (iv) by striking ``; or'' and inserting a
semicolon;
(B) in clause (v) by striking the period and inserting ``;
or''; and
(C) by adding at the end the following:
``(vi) transportation development credits.''.
SEC. 2105. POLICIES AND PURPOSES.
Section 5301(b) of title 49, United States Code, is
amended--
(1) in paragraph (7) by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (8) by striking the period and inserting a
semicolon; and
(3) by adding at the end the following:
``(9) reduce the contributions of the surface
transportation system to the total carbon pollution of the
United States; and
``(10) improve the resiliency of the public transportation
network to withstand weather events and other natural
disasters.''.
SEC. 2106. FISCAL YEAR 2022 FORMULAS.
For fiscal year 2022, the Secretary shall apportion and
distribute formula funds provided for under chapter 53 of
title 49, United States Code, using data submitted to the
2019 National Transit Database.
SEC. 2107. METROPOLITAN TRANSPORTATION PLANNING.
Section 5303 of title 49, United States Code, is amended--
(1) by amending subsection (a)(1) to read as follows:
``(1) to encourage and promote the safe and efficient
management, operation, and development of surface
transportation systems that will serve the mobility needs of
people and freight, foster economic growth and development
within and between States and urbanized areas, and take into
consideration resiliency and climate change adaptation needs
while reducing transportation-related fuel consumption, air
pollution, and greenhouse gas emissions through metropolitan
and statewide transportation planning processes identified in
this chapter; and''.
(2) in subsection (b)--
(A) by redesignating paragraphs (6) and (7) as paragraphs
(7) and (8), respectively; and
(B) by inserting after paragraph (5) the following:
``(6) STIP.--The term `STIP' means a statewide
transportation improvement program developed by a State under
section 135(g).'';
(3) in subsection (c)--
(A) in paragraph (1) by striking ``and transportation
improvement programs'' and inserting ``and TIPs''; and
(B) by adding at the end the following:
``(4) Consideration.--In developing the plans and TIPs,
metropolitan planning organizations shall consider direct and
indirect emissions of greenhouse gases.'';
(4) in subsection (d)--
(A) in paragraph (2) by striking ``Not later than 2 years
after the date of enactment of the Federal Public
Transportation Act of 2012, each'' and inserting ``Each'';
(B) in paragraph (3) by adding at the end the following:
``(D) Considerations.--
``(i) Equitable and proportional representation.--In
designating officials or representatives under paragraph (2),
the metropolitan planning organization shall consider the
equitable and proportional representation of the population
of the metropolitan planning area.
``(ii) Savings clause.--Nothing in this paragraph shall
require a metropolitan planning organization in existence on
the date of enactment of this subparagraph to be
restructured.
``(iii) Redesignation.--Notwithstanding clause (ii), the
requirements of this paragraph shall apply to any
metropolitan planning organization redesignated under
paragraph (6).'';
(C) in paragraph (6)(B) by striking ``paragraph (2)'' and
inserting ``paragraphs (2) or (3)(D)''; and
(D) in paragraph (7)--
(i) by striking ``an existing metropolitan planning area''
and inserting ``an urbanized area''; and
(ii) by striking ``the existing metropolitan planning
area'' and inserting ``the area'';
(5) in subsection (g)--
(A) in paragraph (1) by striking ``a metropolitan area''
and inserting ``an urbanized area'';
(B) in paragraph (2) by striking ``Mpos'' and inserting
``Metropolitan planning areas''
(C) in paragraph (3)(A) by inserting ``emergency response
and evacuation, climate change adaptation and resilience,''
after ``disaster risk reduction,''; and
(D) by adding at the end the following:
``(4) Coordination between mpos.--
``(A) In general.--If more than 1 metropolitan planning
organization is designated within an urbanized area 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
transportation demand.
``(B) Savings clause.--Nothing in this paragraph 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.'';
(6) in subsection (h)(1)--
(A) by striking subparagraph (E) and inserting the
following:
``(E) protect and enhance the environment, promote energy
conservation, reduce greenhouse gas emissions, improve the
quality of life and public health, and promote consistency
between transportation improvements and State and local
planned growth and economic development patterns, including
housing and land use patterns;'';
(B) in subparagraph (H) by striking ``and'' at the end;
(C) in subparagraph (I) by striking the period at the end
and inserting ``and reduce or mitigate stormwater, sea level
rise, extreme weather, and climate change impacts of surface
transportation;''; and
(D) by inserting after subparagraph (I) the following:
``(J) facilitate emergency management, response, and
evacuation and hazard mitigation;
``(K) improve the level of transportation system access;
and
``(L) support inclusive zoning policies and land use
planning practices that incentivize affordable, elastic, and
diverse housing supply, facilitate long-term economic growth
by improving the accessibility of housing to jobs, and
prevent high housing costs from displacing economically
disadvantaged households.'';
(7) in subsection (h)(2) by striking subparagraph (A) and
inserting the following:
``(A) In general.--Through the use of a performance-based
approach, transportation investment decisions made as a part
of the metropolitan transportation planning process shall
support the national goals described in section 150(b), the
achievement of metropolitan and statewide targets established
under section 150(d), the improvement of transportation
system access (consistent with section 150(f)), and the
general purposes described in section 5301 of title 49.'';
(8) in subsection (i)--
(A) in paragraph (2)(D)(i) by inserting ``reduce greenhouse
gas emissions and'' before ``restore and maintain'';
(B) in paragraph (2)(G) by inserting ``and climate change''
after ``infrastructure to natural disasters'';
(C) in paragraph (2)(H) by inserting ``greenhouse gas
emissions,'' after ``pollution,'';
(D) in paragraph (5)--
(i) in subparagraph (A) by inserting ``air quality, public
health, housing, transportation, resilience, hazard
mitigation, emergency management,'' after ``conservation,'';
and
(ii) by striking subparagraph (B) and inserting the
following:
[[Page H2746]]
``(B) Issues.--The consultation shall involve, as
appropriate, comparison of transportation plans to other
relevant plans, including, if available--
``(i) State conservation plans or maps; and
``(ii) inventories of natural or historic resources.''; and
(E) by amending paragraph (6)(C) to read as follows:
``(C) Methods.--
``(i) In general.--In carrying out subparagraph (A), the
metropolitan planning organization shall, to the maximum
extent practicable--
``(I) hold any public meetings at convenient and accessible
locations and times;
``(II) employ visualization techniques to describe plans;
and
``(III) make public information available in electronically
accessible format and means, such as the internet, as
appropriate to afford reasonable opportunity for
consideration of public information under subparagraph (A).
``(ii) Additional methods.--In addition to the methods
described in clause (i), in carrying out subparagraph (A),
the metropolitan planning organization shall, to the maximum
extent practicable--
``(I) use virtual public involvement, social media, and
other web-based tools to encourage public participation and
solicit public feedback; and
``(II) use other methods, as appropriate, to further
encourage public participation of historically
underrepresented individuals in the transportation planning
process.'';
(9) in subsection (j)--
(A) by striking ``transportation improvement program'' and
inserting ``TIP'' each place it appears; and
(B) in paragraph (2)(D)--
(i) by striking ``Performance target achievement'' and
inserting ``Performance management'';
(ii) by striking ``The TIP'' and inserting the following:
``(i) In general.--The TIP''; and
(iii) by adding at the end the following:
``(ii) Transportation management areas.--For metropolitan
planning areas that represent an urbanized area designated as
a transportation management area under subsection (k), the
TIP shall include--
``(I) a discussion of the anticipated effect of the TIP
toward achieving the performance targets established in the
metropolitan transportation plan, linking investment
priorities to such performance targets; and
``(II) a description of how the TIP would improve the
overall level of transportation system access, consistent
with section 150(f) of title 23.'';
(10) in subsection (k)--
(A) in paragraph (3)(A)--
(i) by striking ``shall address congestion management'' and
inserting the following: ``shall address--
``(i) congestion management'';
(ii) by striking the period at the end and inserting ``;
and''; and
(iii) by adding at the end the following:
``(ii) the overall level of transportation system access
for various modes of travel within the metropolitan planning
area, including the level of access for economically
disadvantaged communities, consistent with section 150(f) of
title 23, that is based on a cooperatively developed and
implemented metropolitan-wide strategy, assessing both new
and existing transportation facilities eligible for funding
under this chapter and title 23.''; and
(B) in paragraph (5)(B)--
(i) in clause (i) by striking ``; and'' and inserting a
semicolon;
(ii) in clause (ii) by striking the period and inserting
``; and''; and
(iii) by adding at the end the following:
``(iii) the TIP approved under clause (ii) improves the
level of transportation system access, consistent with
section 150(f) of title 23.'';
(11) in subsection (l)(2)--
(A) by striking ``5 years after the date of enactment of
the Federal Public Transportation Act of 2012'' and inserting
``2 years after the date of enactment of the INVEST in
America Act, and every 2 years thereafter,'';
(B) in subparagraph (C) by striking ``and whether
metropolitan planning organizations are developing meaningful
performance targets; and'' and inserting a semicolon; and
(C) by striking subparagraph (D) and inserting the
following:
``(D) a listing of all metropolitan planning organizations
that are establishing performance targets and whether such
performance targets established by the metropolitan planning
organization are meaningful or regressive (as defined in
section 150(d)(3)(B) of title 23); and
``(E) the progress of implementing the measure established
under section 150(f) of title 23.''; and
(12) by striking ``Federally'' each place it appears and
inserting ``federally''.
SEC. 2108. STATEWIDE AND NONMETROPOLITAN TRANSPORTATION
PLANNING.
Section 5304 of title 49, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1) by striking ``statewide transportation
improvement program'' and inserting ``STIP'';
(B) in paragraph (2)--
(i) by striking ``The statewide transportation plan and
the'' and inserting the following:
``(A) In general.--The statewide transportation plan and
the'';
(ii) by striking ``transportation improvement program'' and
inserting ``STIP''; and
(iii) by adding at the end the following:
``(B) Consideration.--In developing the statewide
transportation plans and STIPs, States shall consider direct
and indirect emissions of greenhouse gases.''; and
(C) in paragraph (3) by striking ``transportation
improvement program'' and inserting ``STIP'';
(2) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (E)--
(I) by inserting ``reduce greenhouse gas emissions,'' after
``promote energy conservation,'';
(II) by inserting ``and public health'' after ``improve the
quality of life''; and
(III) by inserting ``, including housing and land use
patterns'' after ``economic development patterns'';
(ii) in subparagraph (H) by striking ``and'';
(iii) in subparagraph (I) by striking the period at the end
and inserting ``and reduce or mitigate stormwater, sea level
rise, extreme weather, and climate change impacts of surface
transportation;''; and
(iv) by adding at the end the following:
``(J) facilitate emergency management, response, and
evacuation and hazard mitigation;
``(K) improve the level of transportation system access;
and
``(L) support inclusive zoning policies and land use
planning practices that incentivize affordable, elastic, and
diverse housing supply, facilitate long-term economic growth
by improving the accessibility of housing to jobs, and
prevent high housing costs from displacing economically
disadvantaged households.'';
(B) in paragraph (2)--
(i) by striking subparagraph (A) and inserting the
following:
``(A) In general.--Through the use of a performance-based
approach, transportation investment decisions made as a part
of the statewide transportation planning process shall
support--
``(i) the national goals described in section 150(b);
``(ii) the consideration of transportation system access
(consistent with section 150(f));
``(iii) the achievement of statewide targets established
under section 150(d); and
``(iv) the general purposes described in section 5301 of
title 49.''; and
(ii) in subparagraph (D) by striking ``statewide
transportation improvement program'' and inserting ``STIP'';
and
(C) in paragraph (3) by striking ``statewide transportation
improvement program'' and inserting ``STIP'';
(3) in subsection (e)(3) by striking ``transportation
improvement program'' and inserting ``STIP'';
(4) in subsection (f)--
(A) in paragraph (2)(D)--
(i) in clause (i) by inserting ``air quality, public
health, housing, transportation, resilience, hazard
mitigation, emergency management,'' after ``conservation,'';
and
(ii) by amending clause (ii) to read as follows:
``(ii) Comparison and consideration.--Consultation under
clause (i) shall involve the comparison of transportation
plans to other relevant plans and inventories, including, if
available--
``(I) State and tribal conservation plans or maps; and
``(II) inventories of natural or historic resources.'';
(B) in paragraph (3)(B)--
(i) by striking ``In carrying out'' and inserting the
following:
``(i) In general.--in carrying out'';
(ii) by redesignating clauses (i) through (iv) as
subclauses (I) through (IV), respectively; and
(iii) by adding at the end the following:
``(ii) Additional methods.--In addition to the methods
described in clause (i), in carrying out subparagraph (A),
the State shall, to the maximum extent practicable--
``(I) use virtual public involvement, social media, and
other web-based tools to encourage public participation and
solicit public feedback; and
``(II) use other methods, as appropriate, to further
encourage public participation of historically
underrepresented individuals in the transportation planning
process.'';
(C) in paragraph (4)(A) by inserting ``reduce greenhouse
gas emissions and'' after ``potential to''; and
(D) in paragraph (8) by inserting ``including consideration
of the role that intercity buses may play in reducing
congestion, pollution, greenhouse gas emissions, and energy
consumption in a cost-effective manner and strategies and
investments that preserve and enhance intercity bus systems,
including systems that are privately owned and operated''
after ``transportation system'';
(5) in subsection (g)--
(A) in paragraph (1)(A) by striking ``statewide
transportation improvement program'' and inserting ``STIP'';
(B) in paragraph (4)--
(i) by striking ``Performance target achievement'' and
inserting ``Performance management'';
(ii) by striking ``shall include, to the maximum extent
practicable, a discussion'' and inserting the following:
``shall include
``(A) a discussion'';
(iii) by striking the period at the end and inserting ``;
and'';
(iv) by striking ``statewide transportation improvement
program'' and inserting ``STIP'' each place it appears; and
(v) by adding at the end the following:
``(B) a consideration of how the STIP impacts the overall
level of transportation system access, consistent with
section 150(f) of title 23.'';
(C) in paragraph (5)--
(i) in subparagraph (A) by striking ``transportation
improvement program'' and inserting ``STIP'';
(ii) in subparagraph (B)(ii) by striking ``metropolitan
transportation improvement program'' and inserting ``TIP'';
(iii) in subparagraph (C) by striking ``transportation
improvement program'' and inserting ``STIP'' each place it
appears;
(iv) in subparagraph (E) by striking ``transportation
improvement program'' and inserting ``STIP'';
[[Page H2747]]
(v) in subparagraph (F)(i) by striking ``transportation
improvement program'' and inserting ``STIP'' each place it
appears;
(vi) in subparagraph (G)(ii) by striking ``transportation
improvement program'' and inserting ``STIP''; and
(vii) in subparagraph (H) by striking ``transportation
improvement program'' and inserting ``STIP'';
(D) in paragraph (6)--
(i) in subparagraph (A)--
(I) by striking ``transportation improvement program'' and
inserting ``STIP''; and
(II) by striking ``and projects carried out under the
bridge program or the Interstate maintenance program under
title 23''; and
(ii) in subparagraph (B)--
(I) by striking ``or under the bridge program or the
Interstate maintenance program'';
(II) by striking ``statewide transportation improvement
program'' and inserting ``STIP'';
(E) in paragraph (7)--
(i) in the heading by striking ``Transportation improvement
program'' and inserting ``STIP''; and
(ii) by striking ``transportation improvement program'' and
inserting ``STIP'';
(F) in paragraph (8) by striking ``statewide transportation
plans and programs'' and inserting ``statewide transportation
plans and STIPs''; and
(G) in paragraph (9) by striking ``transportation
improvement program'' and inserting ``STIP'';
(6) in subsection (h)(2)(A) by striking ``Not later than 5
years after the date of enactment of the Federal Public
Transportation Act of 2012,'' and inserting ``Not less
frequently than once every 4 years,'';
(7) in subsection (j) by striking ``transportation
improvement program'' and inserting ``STIP'' each place it
appears;
(8) in subsection (l) by striking ``transportation
improvement programs'' and inserting ``STIPs''.
SEC. 2109. OBLIGATION LIMITATION.
Notwithstanding any other provision of law, the total of
all obligations from amounts made available from the Mass
Transit Account of the Highway Trust Fund by subsection (a)
of section 5338 of title 49, United States Code, shall not
exceed--
(1) $16,185,800,000 in fiscal year 2022;
(2) $16,437,600,000 in fiscal year 2023;
(3) $16,700,600,000 in fiscal year 2024; and
(4) $16,963,600,000 in fiscal year 2025.
SEC. 2110. PUBLIC TRANSPORTATION EMERGENCY RELIEF FUNDS.
Section 5324 of title 49, United States Code, is further
amended by adding at the end the following:
``(g) Imposition of Deadline.--
``(1) In general.--Notwithstanding any other provision of
law, the Secretary may not require any project funded
pursuant to this section to advance to the construction
obligation stage before the date that is the last day of the
sixth fiscal year after the later of--
``(A) the date on which the Governor declared the
emergency, as described in subsection (a)(2); or
``(B) the date on which the President declared a major
disaster, as described in such subsection.
``(2) Extension of deadline.--If the Secretary imposes a
deadline for advancement to the construction obligation stage
pursuant to paragraph (1), the Secretary may, upon the
request of the Governor of the State, issue an extension of
not more than 1 year to complete such advancement, and may
issue additional extensions after the expiration of any
extension, if the Secretary determines the Governor of the
State has provided suitable justification to warrant an
extension.''.
SEC. 2111. CERTIFICATION REQUIREMENTS.
The certification requirements described in section 661.12
of title 49, Code of Federal Regulations, shall, after the
date of enactment of this Act, include a certification that
buses or other rolling stock (including train control,
communication and traction power equipment) being procured do
not contain or use any covered telecommunications equipment
or services, as such term is defined by section 889 of the
John S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232);
Subtitle B--Improving Frequency and Ridership
SEC. 2201. MULTI-JURISDICTIONAL BUS FREQUENCY AND RIDERSHIP
COMPETITIVE GRANTS.
(a) In General.--Chapter 53 of title 49, United States
Code, is amended by inserting after section 5307 the
following new section:
``Sec. 5308. Multi-jurisdictional bus frequency and ridership
competitive grants
``(a) In General.--The Secretary shall make grants under
this section, on a competitive basis, to eligible recipients
to increase the frequency and ridership of public transit
buses.
``(b) Applications.--To be eligible for a grant under this
section, an eligible recipient shall submit to the Secretary
an application at such time, in such manner, and containing
such information as the Secretary may require.
``(c) Application Timing.--Not later than 90 days after
amounts are made available to carry out this section, the
Secretary shall solicit grant applications from eligible
recipients for projects described in subsection (d).
``(d) Uses of Funds.--An eligible recipient of a grant
under this section shall use such grant for capital projects
that--
``(1) increase--
``(A) the frequency of bus service;
``(B) bus ridership; and
``(C) total person throughput; and
``(2) are consistent with, and as described in, the design
guidance issued by the National Association of City
Transportation Officials and titled `Transit Street Design
Guide'.
``(e) Grant Criteria.--In making grants under this section,
the Secretary shall consider the following:
``(1) Each eligible recipient's projected increase in bus
frequency.
``(2) Each eligible recipient's projected increase in bus
ridership.
``(3) Each eligible recipient's projected increase in total
person throughput.
``(4) The degree of regional collaboration described in
each eligible recipient's application, including
collaboration with--
``(A) a local government entity that operates a public
transportation service;
``(B) local government agencies that control street design;
``(C) metropolitan planning organizations (as such term is
defined in section 5303); and
``(D) State departments of transportation.
``(f) Grant Timing.--The Secretary shall award grants under
this section not later than 120 days after the date on which
the Secretary completes the solicitation described in
subsection (c).
``(g) Requirements of the Secretary.--In carrying out the
program under this section, the Secretary shall--
``(1) not later than the date described in subsection (c),
publish in the Federal Register a list of all metrics and
evaluation procedures to be used in making grants under this
section; and
``(2) publish in the Federal Register--
``(A) a summary of the final metrics and evaluations used
in making grants under this section; and
``(B) a list of the ratings of eligible recipients
receiving a grant under this section based on such metrics
and evaluations.
``(h) Federal Share.--
``(1) In general.--The Federal share of the cost of a
project carried out under this section shall not exceed 80
percent.
``(2) Restriction on grant amounts.--The Secretary may make
a grant for a project under this section in an amount up to
150 percent of the amount--
``(A) provided for such project under title 23; and
``(B) provided for such project from non-Federal funds
budgeted for roadways.
``(i) Requirements of Section 5307.--Except as otherwise
provided in this section, a grant under this section shall be
subject to the requirements of section 5307.
``(j) Availability of Funds.--
``(1) In general.--Amounts made available to carry out this
section shall remain available for 4 fiscal years after the
fiscal year for which the amount was made available.
``(2) Unobligated amounts.--After the expiration of the
period described in paragraph (1) for an amount made
available to carry out this section, any unobligated amounts
made available to carry out this section shall be added to
the amounts made available for the following fiscal year.
``(k) Eligible Recipients.--In this section, the term
`eligible recipient' means a recipient of a grant under
section 5307 in an urbanized area with a population greater
than 500,000.''.
(b) Clerical Amendment.--The analysis for chapter 53 of
title 49, United States Code, is amended by inserting after
the item relating to section 5307 the following new item:
``5308. Multi-jurisdictional bus frequency and ridership competitive
grants.''.
SEC. 2202. INCENTIVIZING FREQUENCY IN THE URBAN FORMULA.
Section 5336 of title 49, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (2)--
(i) in subparagraph (A)--
(I) in the matter preceding clause (i) by striking ``95.61
percent'' and inserting ``95 percent'';
(II) in clause (i) by striking ``95.61 percent'' and
inserting ``95 percent''; and
(III) in clause (ii) by striking ``95.61 percent'' and
inserting ``95 percent''; and
(ii) in subparagraph (B)--
(I) in the matter preceding clause (i) by striking ``4.39
percent'' and inserting ``5 percent'';
(II) in clause (i)--
(aa) by inserting ``in the highest 25 percent of routes by
ridership'' before ``multiplied by''; and
(bb) by striking ``vehicle passenger miles traveled for
each dollar of operating cost in an area'' and inserting
``vehicles operating in peak revenue service per hour in the
highest 25 percent of routes by ridership''; and
(III) in clause (ii)--
(aa) by inserting ``in the highest 25 percent of routes by
ridership'' before ``multiplied by''; and
(bb) by striking ``vehicle passenger miles traveled for
each dollar of operating cost in all areas'' and inserting
``vehicles operating in peak revenue service per hour in the
highest 25 percent of routes by ridership''; and
(B) by adding at the end the following:
``(3) Special rule.--For fiscal year 2022, the percentage--
``(A) in paragraph (2)(A) in the matter preceding clause
(i) shall be treated as 100 percent; and
``(B) in paragraph (2)(B) in the matter preceding clause
(i) shall be treated as 0 percent.'';
(2) in subsection (c)--
(A) in paragraph (1) by striking ``90.8 percent'' and
inserting ``90 percent'' each place it appears;
(B) in paragraph (2)--
(i) by striking ``9.2 percent'' and inserting ``8
percent'';
(ii) by striking ``200,000'' and inserting ``500,000'';
(iii) by striking subparagraph (A) and inserting the
following:
``(A) the number of bus passenger miles traveled on the
highest 25 percent of routes by ridership multiplied by the
number of buses operating in peak revenue service per hour on
the
[[Page H2748]]
highest 25 percent of routes by ridership; divided by''; and
(iv) by striking subparagraph (B) and inserting the
following:
``(B) the total number of bus passenger miles traveled on
the highest 25 percent of routes by ridership multiplied by
the total number of buses operating in peak revenue service
per hour on the highest 25 percent of routes by ridership in
all areas.''; and
(C) by adding at the end the following:
``(3) 2 percent of the total amount apportioned under this
subsection shall be apportioned so that each urbanized area
with a population of at least 200,000 and less than 500,000
is entitled to receive an amount using the formula in
paragraph (1).
``(4) For fiscal year 2022, the percentage--
``(A) in paragraph (1) in the matter preceding subparagraph
(A) shall be treated as 100 percent;
``(B) in paragraph (2) in the matter preceding subparagraph
(A) shall be treated as 0 percent; and
``(C) in paragraph (3) shall be treated as 0 percent.'';
and
(3) by adding at the end the following:
``(k) Peak Revenue Service Defined.--In this section, the
term `peak revenue service' means the time period between the
time in the morning that an agency first exceeds the number
of midday vehicles in revenue service and the time in the
evening that an agency falls below the number of midday
vehicles in revenue service.''.
SEC. 2203. MOBILITY INNOVATION.
(a) In General.--Chapter 53 of title 49, United States
Code, is amended by inserting after section 5315 the
following new section:
``Sec. 5316. Mobility innovation
``(a) In General.--Amounts made available to a covered
recipient to carry out sections 5307, 5310, and 5311 may be
used by such covered recipient under this section to assist
in the financing of--
``(1) mobility as a service; and
``(2) mobility on demand services.
``(b) Federal Share.--
``(1) In general.--Except as provided in paragraphs (2) and
(3), the Federal share of the net cost of a project carried
out under this section shall not exceed 70 percent.
``(2) Insourcing incentive.--Notwithstanding paragraph (1),
the Federal share of the net cost of a project described in
paragraph (1) shall not exceed 90 percent for mobility on
demand service operated exclusively by personnel employed by
the recipient.
``(3) Zero emission incentive.--Notwithstanding paragraph
(1), the Federal share of the net cost of a project described
in paragraph (1) shall not exceed 90 percent if such project
involves an eligible use that uses a vehicle that produces
zero carbon dioxide or particulate matter.
``(c) Eligible Uses.--
``(1) In general.--The Secretary shall publish guidance
describing eligible activities that are demonstrated to--
``(A) increase transit ridership;
``(B) be complementary to fixed route transit service;
``(C) demonstrate meaningful improvements in--
``(i) environmental metrics, including standards
established pursuant to the Clean Air Act (42 U.S.C. 7401 et
seq.) and greenhouse gas performance targets established
pursuant to section 150(d) of title 23;
``(ii) traffic congestion;
``(iii) compliance with the requirements under the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.);
``(iv) low-income service to increase access to employment,
healthcare, and other essential services;
``(v) service outside of transit agency operating hours,
provided that the transit agency operating hours are not
reduced;
``(vi) new low density service relative to the higher
density urban areas of the agency's service area; or
``(vii) rural service.
``(D) Fare collection modernization.--In developing
guidance referred to in this section, the Secretary shall
ensure that--
``(i) all costs associated with installing, modernizing,
and managing fare collection, including touchless payment
systems, shall be considered eligible expenses under this
title and subject to the applicable Federal share; and
``(ii) such guidance includes guidance on how agencies
shall provide unbanked and underbanked users with an
opportunity to benefit from mobility as a service platforms.
``(2) Prohibition on use of funds.--Amounts used by a
covered recipient for projects eligible under this section
may not be used for--
``(A) single passenger vehicle miles (in a passenger motor
vehicle, as such term is defined in section 32101, that
carries less than 9 passengers), unless the trip--
``(i) meets the definition of public transportation; and
``(ii) begins or completes a fixed route public
transportation trip;
``(B) deadhead vehicle miles; or
``(C) any service considered a taxi service that operates
under an exemption from testing requirements under section
5331.
``(d) Federal Requirements.--A project carried out under
this section shall be treated as if such project were carried
out under the section from which the funds were provided to
carry out such project, including the application of any
additional requirements provided for by law that apply to
section 5307, 5310, or 5311, as applicable.
``(e) Waiver.--
``(1) Individual waiver.--Except as provided in paragraphs
(2) and (3), the Secretary may waive any requirement applied
to a project carried out under this section pursuant to
subsection (d) if the Secretary determines that the project
would--
``(A) not undermine labor standards;
``(B) increase employment opportunities of the recipient
unless the Secretary determines that such a waiver does not
affect employment opportunities; and
``(C) be consistent with the public interest.
``(2) Waiver under other sections.--The Secretary may not
waive any requirement under paragraph (1) for which a waiver
is otherwise available.
``(3) Prohibition of waiver.--Notwithstanding paragraph
(1), the Secretary may not waive any requirement of--
``(A) section 5333;
``(B) section 5331;
``(C) section 5302(14); and
``(D) chapter 53 that establishes a maximum Federal share
for operating costs.
``(4) Application of section 5320.--Notwithstanding
paragraphs (1) and (2), the Secretary may only waive the
requirements of section 5320 with respect to--
``(A) a passenger vehicle owned by an individual; and
``(B) subsection (q) of such section for any passenger
vehicle not owned by an individual for the period beginning
on the date of enactment of this section and ending 3 years
after such date.
``(f) Open Data Standards.--
``(1) In general.--Not later than 90 days after the date of
enactment of this section, the Secretary shall initiate
procedures under subchapter III of chapter 5 of title 5 to
develop an open data standard and an application programming
interface necessary to carry out this section.
``(2) Regulations.--The regulations required under
paragraph (1) shall require public transportation agencies,
mobility on demand providers, mobility as a service
technology providers, other non-government actors, and local
governments the efficient means to transfer data to--
``(A) foster the efficient use of transportation capacity;
``(B) enhance the management of new modes of mobility;
``(C) enable the use of innovative planning tools;
``(D) enable single payment systems for all mobility on
demand services;
``(E) establish metropolitan planning organization, State,
and local government access to anonymized data for
transportation planning, real time operations data, and
rules;
``(F) safeguard personally identifiable information;
``(G) protect confidential business information; and
``(H) enhance cybersecurity protections.
``(3) Prohibition on for profit activity.--Any data
received by an entity under this subsection may not be sold,
leased, or otherwise used to generate profit, except for the
direct provision of the related mobility on demand services
and mobility as a service.
``(4) Committee.--A negotiated rulemaking committee
established pursuant to section 565 of title 5 to carry out
this subsection shall have a maximum of 17 members limited to
representatives of the Department of Transportation, State
and local governments, metropolitan planning organizations,
urban and rural covered recipients, associations that
represent public transit agencies, representatives from at
least 3 different organizations engaged in collective
bargaining on behalf of transit workers in not fewer than 3
States, mobility on demand providers, and mobility as a
service technology providers.
``(5) Publication of proposed regulations.--Proposed
regulations to implement this section shall be published in
the Federal Register by the Secretary not later than 18
months after such date of enactment.
``(6) Extension of deadlines.--A deadline set forth in
paragraph (4) may be extended up to 180 days if the
negotiated rulemaking committee referred to in paragraph (5)
concludes that the committee cannot meet the deadline and the
Secretary so notifies the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the
Senate.
``(g) Application of Recipient Revenue Vehicle Miles.--With
respect to revenue vehicle miles with one passenger of a
covered recipient using amounts under this section, such
miles--
``(1) shall be included in the National Transit Database
under section 5335; and
``(2) shall be excluded from vehicle revenue miles data
used in the calculation described in section 5336.
``(h) Savings Clause.--Subsection (c)(2) and subsection (g)
shall not apply to any eligible activities under this section
if such activities are--
``(1) being carried out in compliance with the Americans
with Disabilities Act of 1990 22(42 U.S.C. 12101 et seq.); or
``(2) projects eligible under section 5310 that exceed the
requirements of the Americans with Disabilities Act of 1990
(42 U.S.C. 12101 et seq.).
``(i) Definitions.--In this section:
``(1) Deadhead vehicle miles.--The term `deadhead vehicle
miles' means the miles that a vehicle travels when out of
revenue service, including leaving or returning to the garage
or yard facility, changing routes, when there is no
expectation of carrying revenue passengers, and any miles
traveled by a private operator without a passenger.
``(2) Mobility as a service.--The term `mobility as a
service' means services that constitute the integration of
mobility on demand services and public transportation that
are available and accessible to all travelers, provide
multimodal trip planning, and a unified payment system.
[[Page H2749]]
``(3) Mobility on demand.--The term `mobility on demand'
means an on-demand transportation service shared among
individuals, either concurrently or one after another.
``(4) Covered recipient.--The term `covered recipient'
means a State or local government entity, private nonprofit
organization, or Tribe that--
``(A) operates a public transportation service; and
``(B) is a recipient or subrecipient of funds under section
5307, 5310, or 5311.''.
(b) Clerical Amendment.--The analysis for chapter 53 of
title 49, United States Code, is amended by inserting after
the item relating to section 5315 the following new item:
``5316. Mobility innovation.''.
(c) Effective Date.--This section and the amendments made
by this section shall take effect on the date on which the
Secretary has finalized both--
(1) the guidance required under section 5316(c) of title
49, United States Code; and
(2) the regulations required under section 5316(f) of title
49, United States Code.
SEC. 2204. FORMULA GRANTS FOR RURAL AREAS.
Section 5311 of title 49, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (2) by adding at the end the following:
``(D) Census designation.--The Secretary may approve a
State program that allocates not more than 5 percent of such
State's apportionment to assist rural areas that were
redesignated as urban areas not more than 2 fiscal years
after the last census designation of urbanized area
boundaries.''; and
(B) in paragraph (3) by striking ``section 5338(a)(2)(F)''
and inserting ``section 5338(a)(2)(E)'';
(2) in subsection (c)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A) by striking
``section 5338(a)(2)(F)'' and inserting ``section
5338(a)(2)(E)'';
(ii) in subparagraph (A) by striking ``$5,000,000'' and
inserting ``$10,000,000''; and
(iii) in subparagraph (B) by striking ``$30,000,000'' and
inserting ``the amount remaining under section
5338(a)(2)(E)(i) after the amount under subparagraph (A) is
distributed'';
(B) in paragraph (2)(C) by striking ``section
5338(a)(2)(F)'' and inserting ``section 5338(a)(2)(E)''; and
(C) in paragraph (3)--
(i) in subparagraph (A) by striking ``section
5338(a)(2)(F)'' and inserting ``section 5338(a)(2)(E)''; and
(ii) by striking subparagraphs (B) and (C) and inserting
the following:
``(B) Land area.--
``(i) In general.--Subject to clause (ii), each State shall
receive an amount that is equal to 15 percent of the amount
apportioned under this paragraph, multiplied by the ratio of
the land area in rural areas in that State and divided by the
land area in all rural areas in the United States, as shown
by the most recent decennial census of population.
``(ii) Maximum apportionment.--No State shall receive more
than 5 percent of the amount apportioned under clause (i).
``(C) Population.--Each State shall receive an amount equal
to 50 percent of the amount apportioned under this paragraph,
multiplied by the ratio of the population of rural areas in
that State and divided by the population of all rural areas
in the United States, as shown by the most recent decennial
census of population.
``(D) Vehicle revenue miles.--
``(i) In general.--Subject to clause (ii), each State shall
receive an amount that is equal to 25 percent of the amount
apportioned under this paragraph, multiplied by the ratio of
vehicle revenue miles in rural areas in that State and
divided by the vehicle revenue miles in all rural areas in
the United States, as determined by national transit database
reporting.
``(ii) Maximum apportionment.--No State shall receive more
than 5 percent of the amount apportioned under clause (i).
``(E) Low-income individuals.--Each State shall receive an
amount that is equal to 10 percent of the amount apportioned
under this paragraph, multiplied by the ratio of low-income
individuals in rural areas in that State and divided by the
number of low-income individuals in all rural areas in the
United States, as shown by the Bureau of the Census.'';
(3) in subsection (f)--
(A) in paragraph (1) by inserting ``A State may expend
funds to continue service into another State to extend a
route.'' before ``Eligible activities under''; and
(B) in paragraph (2) by inserting ``and makes the
certification and supporting documents publicly available''
before the period at the end; and
(4) in subsection (g) by adding at the end the following:
``(6) Allowance for volunteer hours.--
``(A) Applicable regulations.--For any funds provided by a
department or agency of the Government under paragraph (3)(D)
or by a service agreement under paragraph (3)(C), and such
department or agency has regulations in place that provide
for the valuation of volunteer hours as allowable in-kind
contributions toward the non-Federal share of project costs,
such regulations shall be used to determine the allowable
valuation of volunteer hours as an in-kind contribution
toward the non-Federal remainder of net project costs for a
transit project funded under this section.
``(B) Limitations.--Subparagraph (A) shall not apply to the
provision of fixed-route bus services funded under this
section.''.
SEC. 2205. ONE-STOP PARATRANSIT PROGRAM.
Section 5310 of title 49, United States Code, is amended by
adding at the end the following:
``(j) One-stop Paratransit Program.--
``(1) In general.--Not later than 6 months after the date
of enactment of this subsection, the Secretary shall
establish a one-stop paratransit competitive grant program to
encourage an extra stop in non-fixed route Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) service
for a paratransit rider to complete essential tasks.
``(2) Preference.--The Secretary shall give preference to
eligible recipients that--
``(A) have comparable data for the year prior to
implementation of the grant program and made available to the
Secretary, academic and nonprofit organizations for research
purposes; and
``(B) plan to use agency personnel to implement the pilot
program.
``(3) Application criteria.--To be eligible to participate
in the grant program, an eligible recipient shall submit to
the Secretary an application containing such information as
the Secretary may require, including information on--
``(A) locations the eligible entity intends to allow a stop
at, if stops are limited, including--
``(i) childcare or education facilities;
``(ii) pharmacies;
``(iii) grocery stores; and
``(iv) bank or ATM locations;
``(B) methodology for informing the public of the grant
program;
``(C) vehicles, personnel, and other resources that will be
used to implement the grant program;
``(D) if the applicant does not intend the grant 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 grant program to apply; and
``(E) the anticipated amount of increased operating costs.
``(4) Selection.--The Secretary shall seek to achieve
diversity of participants in the grant program by selecting a
range of eligible entities that includes at least--
``(A) 5 eligible recipients that serve an area with a
population of 50,000 to 200,000;
``(B) 10 eligible recipients that serve an area with a
population of over 200,000; and
``(C) 5 eligible recipients that provide transportation for
rural communities.
``(5) Data-sharing criteria.--An eligible recipient in this
subsection shall provide data as the Secretary requires,
including--
``(A) number of ADA paratransit trips conducted each year;
``(B) requested time of each paratransit trip;
``(C) scheduled time of each paratransit trip;
``(D) actual pickup time for each paratransit trip;
``(E) average length of a stop in the middle of a ride as
allowed by this subsection;
``(F) any complaints received by a paratransit rider;
``(G) rider satisfaction with paratransit services; and
``(H) after the completion of the grant, an assessment by
the eligible recipient of its capacity to continue a one-stop
program independently.
``(6) Report.--
``(A) In general.--The Secretary shall make publicly
available an annual report on the program carried out under
this subsection for each fiscal year, not later than December
31 of the calendar year in which such fiscal year ends.
``(B) Contents.--The report required under subparagraph (A)
shall include a detailed description of the activities
carried out under the program, and an evaluation of the
program, including an evaluation of the data shared by
eligible recipients under paragraph (5).''.
Subtitle C--Buy America and Other Procurement Reforms
SEC. 2301. BUY AMERICA.
(a) Buy America.--
(1) In general.--Chapter 53 of title 49, United States
Code, is amended by inserting before section 5321 the
following:
``Sec. 5320. Buy America
``(a) In General.--The Secretary may obligate an amount
that may be appropriated to carry out this chapter for a
project only if the steel, iron, and manufactured goods used
in the project are produced in the United States.
``(b) Waiver.--The Secretary may waive subsection (a) if
the Secretary finds that--
``(1) applying subsection (a) would be inconsistent with
the public interest;
``(2) the steel, iron, and goods produced in the United
States are not produced in a sufficient and reasonably
available amount or are not of a satisfactory quality;
``(3) when procuring rolling stock (including train
control, communication, traction power equipment, and rolling
stock prototypes) under this chapter--
``(A) the cost of components and subcomponents produced in
the United States is more than 70 percent of the cost of all
components of the rolling stock; and
``(B) final assembly of the rolling stock has occurred in
the United States; or
``(4) including domestic material will increase the cost of
the overall project by more than 25 percent.
``(c) Written Waiver Determination and Annual Report.--
``(1) Waiver procedure.--Not later than 120 days after the
submission of a request for a waiver, the Secretary shall
make a determination under subsection (b)(1), (b)(2), or
(b)(4) as to whether to waive subsection (a).
``(2) Public notification and comment.--
``(A) In general.--Not later than 30 days before making a
determination regarding a waiver described in paragraph (1),
the Secretary shall provide notification and an opportunity
for public comment on the request for such waiver.
``(B) Notification requirements.--The notification required
under subparagraph (A) shall--
[[Page H2750]]
``(i) describe whether the application is being made for a
waiver described in subsection (b)(1), (b)(2) or (b)(4); and
``(ii) be provided to the public by electronic means,
including on the public website of the Department of
Transportation.
``(3) Determination.--Before a determination described in
paragraph (1) takes effect, the Secretary shall publish a
detailed justification for such determination that addresses
all public comments received under paragraph (2)--
``(A) on the public website of the Department of
Transportation; and
``(B) if the Secretary issues a waiver with respect to such
determination, in the Federal Register.
``(4) Annual report.--Annually, the Secretary shall submit
to the Committee on Banking, Housing, and Urban Affairs of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report
listing any waiver issued under paragraph (1) during the
preceding year.
``(d) Rolling Stock Waiver Conditions.--
``(1) Labor costs for final assembly.--In this section,
highly skilled labor costs involved in final assembly shall
be included as a separate component in the cost of components
and subcomponents under subsection (b)(3)(A).
``(2) High domestic content component bonus.--In this
section, in calculating the domestic content of the rolling
stock under subsection (b)(3), the percent, rounded to the
nearest whole number, of the domestic content in components
of such rolling stock, weighted by cost, shall be used in
calculating the domestic content of the rolling stock,
except--
``(A) with respect to components that exceed--
``(i) 70 percent domestic content, the Secretary shall add
10 additional percent to the component's domestic content
when calculating the domestic content of the rolling stock;
and
``(ii) 75 percent domestic content, the Secretary shall add
15 additional percent to the component's domestic content
when calculating the domestic content of the rolling stock;
and
``(B) in no case may a component exceed 100 domestic
content when calculating the domestic content of the rolling
stock.
``(3) Rolling stock frames or car shells.--
``(A) Inclusion of costs.--Subject to the substantiation
requirement of subparagraph (B), in carrying out, in
calculating the cost of the domestic content of the rolling
stock under subsection (b)(3), in the case of a rolling stock
procurement receiving assistance under this chapter in which
the average cost of a rolling stock vehicle in the
procurement is more than $300,000, if rolling stock frames or
car shells are not produced in the United States, the
Secretary shall include in the calculation of the domestic
content of the rolling stock the cost of the steel or iron
that is produced in the United States and used in the rolling
stock frames or car shells.
``(B) Substantiation.--If a rolling stock vehicle
manufacturer wishes to include in the calculation of the
vehicle's domestic content the cost of steel or iron produced
in the United States and used in the rolling stock frames and
car shells that are not produced in the United States, the
manufacturer shall maintain and provide upon request a mill
certification that substantiates the origin of the steel or
iron.
``(4) Treatment of waived components and subcomponents.--In
this section, a component or subcomponent waived under
subsection (b) shall be excluded from any part of the
calculation required under subsection (b)(3)(A).
``(5) Zero-emission vehicle domestic battery cell
incentive.--The Secretary shall provide an additional 2.5
percent of domestic content to the total rolling stock
domestic content percentage calculated under this section for
any zero-emission vehicle that uses only battery cells for
propulsion that are manufactured domestically.
``(6) Prohibition on double counting.--
``(A) In general.--No labor costs included in the cost of a
component or subcomponent by the manufacturer of rolling
stock may be treated as rolling stock assembly costs for
purposes of calculating domestic content.
``(B) Violation.--A violation of this paragraph shall be
treated as a false claim under subchapter III of chapter 37
of title 31.
``(7) Definition of highly skilled labor costs.--In this
subsection, the term `highly skilled labor costs'--
``(A) means the apportioned value of direct wage
compensation associated with final assembly activities of
workers directly employed by a rolling stock original
equipment manufacturer and directly associated with the final
assembly activities of a rolling stock vehicle that advance
the value or improve the condition of the end product;
``(B) does not include any temporary or indirect activities
or those hired via a third-party contractor or subcontractor;
``(C) are limited to metalworking, fabrication, welding,
electrical, engineering, and other technical activities
requiring training;
``(D) are not otherwise associated with activities required
under section 661.11 of title 49, Code of Federal
Regulations; and
``(E) includes only activities performed in the United
States and does not include that of foreign nationals
providing assistance at a United States manufacturing
facility.
``(e) Certification of Domestic Supply and Disclosure.--
``(1) Certification of domestic supply.--If the Secretary
denies an application for a waiver under subsection (b), the
Secretary shall provide to the applicant a written
certification that--
``(A) the steel, iron, or manufactured goods, as
applicable, (referred to in this paragraph as the `item') is
produced in the United States in a sufficient and reasonably
available amount;
``(B) the item produced in the United States is of a
satisfactory quality; and
``(C) includes a list of known manufacturers in the United
States from which the item can be obtained.
``(2) Disclosure.--The Secretary shall disclose the waiver
denial and the written certification to the public in an
easily identifiable location on the website of the Department
of Transportation.
``(f) Waiver Prohibited.--The Secretary may not make a
waiver under subsection (b) for goods produced in a foreign
country if the Secretary, in consultation with the United
States Trade Representative, decides that the government of
that foreign country--
``(1) has an agreement with the United States Government
under which the Secretary has waived the requirement of this
section; and
``(2) has violated the agreement by discriminating against
goods to which this section applies that are produced in the
United States and to which the agreement applies.
``(g) Penalty for Mislabeling and Misrepresentation.--A
person is ineligible under subpart 9.4 of the Federal
Acquisition Regulation, or any successor thereto, to receive
a contract or subcontract made with amounts authorized under
title II of the INVEST in America Act if a court or
department, agency, or instrumentality of the Government
decides the person intentionally--
``(1) affixed a `Made in America' label, or a label with an
inscription having the same meaning, to goods sold in or
shipped to the United States that are used in a project to
which this section applies but not produced in the United
States; or
``(2) represented that goods described in paragraph (1)
were produced in the United States.
``(h) State Requirements.--The Secretary may not impose any
limitation on assistance provided under this chapter that
restricts a State from imposing more stringent requirements
than this subsection on the use of articles, materials, and
supplies mined, produced, or manufactured in foreign
countries in projects carried out with that assistance or
restricts a recipient of that assistance from complying with
those State-imposed requirements.
``(i) Opportunity to Correct Inadvertent Error.--The
Secretary may allow a manufacturer or supplier of steel,
iron, or manufactured goods to correct after bid opening any
certification of noncompliance or failure to properly
complete the certification (but not including failure to sign
the certification) under this subsection if such manufacturer
or supplier attests under penalty of perjury that such
manufacturer or supplier submitted an incorrect certification
as a result of an inadvertent or clerical error. The burden
of establishing inadvertent or clerical error is on the
manufacturer or supplier.
``(j) Administrative Review.--A party adversely affected by
an agency action under this subsection shall have the right
to seek review under section 702 of title 5.
``(k) Steel and Iron.--For purposes of this section, steel
and iron meeting the requirements of section 661.5(b) of
title 49, Code of Federal Regulations, may be considered
produced in the United States.
``(l) Definition of Small Purchase.--For purposes of
determining whether a purchase qualifies for a general public
interest waiver under subsection (b)(1), including under any
regulation promulgated under such subsection, the term `small
purchase' means a purchase of not more than $150,000.
``(m) Preaward and Postdelivery Review of Rolling Stock
Purchases.--
``(1) In general.--The Secretary shall prescribe
regulations requiring a preaward and postdelivery
certification of a rolling stock vehicle that meets the
requirements of this section and Government motor vehicle
safety requirements to be eligible for a grant under this
chapter. For compliance with this section--
``(A) Federal inspections and review are required;
``(B) a manufacturer certification is not sufficient; and
``(C) a rolling stock vehicle that has been certified by
the Secretary remains certified until the manufacturer makes
a material change to the vehicle, or adjusts the cost of all
components of the rolling stock, that reduces, by more than
half, the percentage of domestic content above 70 percent.
``(2) Certification of percentage.--The Secretary may, at
the request of a component or subcomponent manufacturer,
certify the percentage of domestic content and place of
manufacturing for a component or subcomponent.
``(3) Freedom of information act.--In carrying out this
subsection, the Secretary shall consistently apply the
provisions of section 552 of title 5, including subsection
(b)(4) of such section.
``(4) Noncompliance.--The Secretary shall prohibit
recipients from procuring rolling stock, components, or
subcomponents from a supplier that intentionally provides
false information to comply with this subsection.
``(n) Scope.--The requirements of this section apply to all
contracts for a public transportation project carried out
within the scope of the applicable finding, determination, or
decision under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), regardless of the funding source of
such contracts, if at least one contract for the public
transportation project is funded with amounts made available
to carry out this chapter.
``(o) Buy America Conformity.--The Secretary shall ensure
that all Federal funds for new commuter rail projects shall
comply with this section and shall not be subject to section
22905(a).
``(p) Audits and Reporting of Waste, Fraud, and Abuse.--
``(1) In general.--The Inspector General of the Department
of Transportation shall conduct
[[Page H2751]]
an annual audit on certifications under subsection (m)
regarding compliance with Buy America.
``(2) Report fraud, waste, and abuse.--The Secretary shall
display a `Report Fraud, Waste, and Abuse' button and link to
Department of Transportation's Office of Inspector General
Hotline on the Federal Transit Administration's Buy America
landing page.
``(3) Contract requirement.--The Secretary shall require
all recipients who enter into contracts to purchase rolling
stock with funds provided under this chapter to include in
such contract information on how to contact the Department of
Transportation's Office of Inspector General Hotline to
report suspicions of fraud, waste, and abuse.
``(q) Passenger Motor Vehicles.--
``(1) In general.--Any domestically manufactured passenger
motor vehicle shall be considered to be produced in the
United States under this section.
``(2) Domestically manufactured passenger motor vehicle.--
In this subsection, the term `domestically manufactured
passenger motor vehicle' means any passenger motor vehicle,
as such term is defined in section 32304(a) that--
``(A) has under section 32304(b)(1)(B) its final assembly
place in the United States; and
``(B) the percentage (by value) of passenger motor
equipment under section 32304(b)(1)(A) equals or exceeds 60
percent value added.
``(r) Rolling Stock Components and Subcomponents.--No
component or subcomponent of rolling stock shall be treated
as produced in the United States for purposes of subsection
(b)(3) or determined to be of domestic origin under section
661.11 of title 49, Code of Federal Regulations, if the
material inputs of such component or subcomponent were
imported into the United States and the operations performed
in the United States on the imported articles would not
result in a change in the article's classification to chapter
86 or 87 of the Harmonized Tariff Schedule of the United
States from another chapter or a new heading of any chapter
from the heading under which the article was classified upon
entry.
``(s) Treatment of Steel and Iron Components as Produced in
the United States.--Notwithstanding any other provision of
any law or any rule, regulation, or policy of the Federal
Transit Administration, steel and iron components of a
system, as defined in section 661.3 of title 49, Code of
Federal Regulations, and of manufactured end products
referred to in Appendix A of such section, may not be
considered to be produced in the United States unless such
components meet the requirements of section 661.5(b) of title
49, Code of Federal Regulations.
``(t) Requirement for Transit Agencies.--Notwithstanding
the provisions of this section, if a transit agency accepts
Federal funds, such agency shall adhere to the Buy America
provisions set forth in this section when procuring rolling
stock.''.
(2) Clerical amendment.--The analysis for chapter 53 of
title 49, United States Code, is amended by inserting before
the item relating to section 5321 the following:
``5320. Buy America.''.
(3) Conforming amendments.--
(A) Technical assistance and workforce development.--
Section 5314(a)(2)(G) of title 49, United States Code, is
amended by striking ``sections 5323(j) and 5323(m)'' and
inserting ``section 5320''.
(B) Urbanized area formula grants.--Section 5307(c)(1)(E)
of title 49, United States Code, is amended by inserting ``,
5320,'' after ``5323''.
(C) Innovative procurement.--Section 3019(c)(2)(E)(ii) of
the FAST Act (49 U.S.C. 5325 note) is amended by striking
``5323(j)'' and inserting ``5320''.
(b) Bus Rolling Stock.--Not later than 18 months after the
date of enactment of this Act, the Secretary of
Transportation shall issue such regulations as are necessary
to revise Appendix B and Appendix D of section 661.11 of
title 49, Code of Federal Regulations, with respect to bus
rolling stock to maximize job creation and align such section
with modern manufacturing techniques.
(c) Rail Rolling Stock.--Not later than 30 months after the
date of enactment of this Act, the Secretary shall issue such
regulations as are necessary to revise subsections (t), (u),
and (v) of section 661.11 of title 49, Code of Federal
Regulations, with respect to rail rolling stock to maximize
job creation and align such section with modern manufacturing
techniques.
(d) Rule of Applicability.--
(1) In general.--Except as otherwise provided in this
subsection, the amendments made by this section shall apply
to any contract entered into on or after the date of
enactment of this Act.
(2) Delayed applicability of certain provisions.--Contracts
described in paragraph (1) shall be subject to the following
delayed applicability requirements:
(A) Section 5320(m)(2) shall apply to contracts entered
into on or after the date that is 30 days after the date of
enactment of this Act.
(B) Notwithstanding subparagraph (A), section 5320(m) shall
apply to contracts for the procurement of bus rolling stock
beginning on the earlier of--
(i) 180 days after the date on which final regulations are
issued pursuant to subsection (b); or
(ii) the date that is 1 year after the date of enactment of
this Act.
(C) Notwithstanding subparagraph (A), section 5320(m) shall
apply to contracts for the procurement of rail rolling stock
beginning on the earlier of--
(i) 180 days after the date on which final regulations are
issued pursuant to subsection (c); or
(ii) the date that is 2 years after the date of enactment
of this Act.
(D) Section 5320(p)(1) shall apply on the date that is 1
year after the latest of the application dates described in
subparagraphs (A) through (C).
(3) Special rule for certain contracts.--For any contract
described in paragraph (1) for which the delivery for the
first production vehicle occurs before October 1, 2024,
paragraphs (1) and (4) of section 5320(d) shall not apply.
(4) Special rule for battery cell incentives.--For any
contract described in paragraph (1) for which the delivery
for the first production vehicle occurs before October 1,
2022, section 5320(d)(5) shall not apply.
(e) Special Rule for Domestic Content.--For the calculation
of the percent of domestic content calculated under section
5320(d)(2) for a contract for rolling stock entered into on
or after October 1, 2020--
(1) if the delivery of the first production vehicle occurs
in fiscal year 2022 or fiscal year 2023, for components that
exceed 70 percent domestic content, the Secretary shall add
20 additional percent to the component's domestic content;
and
(2) if the delivery of the first production vehicle occurs
in fiscal year 2024 or fiscal year 2025--
(A) for components that exceed 70 percent but do not exceed
75 percent domestic content, the Secretary shall add 15
additional percent to the component's domestic content; or
(B) for components that exceed 75 percent domestic content,
the Secretary shall add 20 additional percent to the
component's domestic content.
SEC. 2302. BUS PROCUREMENT STREAMLINING.
Section 5323 of title 49, United States Code, as is amended
by adding at the end the following:
``(x) Bus Procurement Streamlining.--
``(1) In general.--The Secretary may only obligate amounts
for acquisition of buses under this chapter to a recipient
that issues a request for proposals for an open market
procurement that meets the following criteria:
``(A) Such request for proposals is limited to performance
specifications, except for components or subcomponents
identified in the negotiated rulemaking carried out pursuant
to this subsection.
``(B) Such request for proposals does not seek any
alternative design or manufacture specification of a bus
offered by a manufacturer, except to require a component or
subcomponent identified in the negotiated rulemaking carried
out pursuant to this subsection.
``(2) Specific bus component negotiated rulemaking.--
``(A) Initiation.--Not later than 120 days after the date
of enactment of the INVEST in America Act, the Secretary
shall initiate procedures under subchapter III of chapter 5
of title 5 to negotiate and issue such regulations as are
necessary to establish as limited a list as is practicable of
bus components and subcomponents described in subparagraph
(B).
``(B) List of components.--The regulations required under
subparagraph (A) shall establish a list of bus components and
subcomponents that may be specified in a request for
proposals described in paragraph (1) by a recipient. The
Secretary shall ensure the list is limited in scope and
limited to only components and subcomponents that cannot be
selected with performance specifications to ensure
interoperability.
``(C) Publication of proposed regulations.--Proposed
regulations to implement this section shall be published in
the Federal Register by the Secretary not later than 18
months after such date of enactment.
``(D) Committee.--A negotiated rulemaking committee
established pursuant to section 565 of title 5 to carry out
this paragraph shall have a maximum of 11 members limited to
representatives of the Department of Transportation, urban
and rural recipients (including State government recipients),
and transit vehicle manufacturers.
``(E) Extension of deadlines.--A deadline set forth in
subparagraph (C) may be extended up to 180 days if the
negotiated rulemaking committee referred to in subparagraph
(D) concludes that the committee cannot meet the deadline and
the Secretary so notifies the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the
Senate.
``(3) Savings clause.--Nothing in this section shall be
construed to provide additional authority for the Secretary
to restrict what a bus manufacturer offers to sell to a
public transportation agency.''.
SEC. 2303. BUS TESTING FACILITY.
Section 5318 of title 49, United States Code, is amended by
adding at the end the following:
``(f) Testing Schedule.--The Secretary shall--
``(1) determine eligibility of a bus manufacturer's request
for testing within 10 business days;
``(2) make publicly available the current backlog (in
months) to begin testing a new bus at the bus testing
facility; and
``(3) designate The Ohio State University as the autonomous
and advanced driver-assistance systems test development
facility for all bus testing with autonomous or advanced
driver-assistance systems technology and The Ohio State
University will also serve as the over-flow new model bus
testing facility to Altoona.''.
SEC. 2304. REPAYMENT REQUIREMENT.
(a) In General.--A transit agency shall repay into the
general fund of the Treasury all funds received from the
Federal Transit Administration under the heading ``Federal
Transit Administration, Transit Infrastructure Grants'' under
the CARES Act (Public Law 116-136) if any portion of the
funding was used to award a contract or subcontract to an
entity for the
[[Page H2752]]
procurement of rolling stock for use in public transportation
if the manufacturer of the rolling stock--
(1) is incorporated in or has manufacturing facilities in
the United States; and
(2) is owned or controlled by, is a subsidiary of, or is
otherwise related legally or financially to a corporation
based in a country that--
(A) is identified 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 this
subsection;
(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 priority
foreign country under subsection (a)(2) of that 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).
(b) Certification.--Not later than 60 days after the date
of enactment of this section, a transit agency that received
funds pursuant to the CARES Act (Public Law 116-136) shall
certify that the agency has not and shall not use such funds
to purchase rolling stock described in subsection (a).
Repayment shall also be required for any such agency that
fails to certify in accordance with the preceding sentence.
SEC. 2305. DEFINITION OF URBANIZED AREAS FOLLOWING A MAJOR
DISASTER.
(a) In General.--Section 5323 of title 49, United States
Code, is amended by adding at the end the following:
``(y) Urbanized Areas Following a Major Disaster.--
``(1) Defined term.--In this subsection, the term
`decennial census date' has the meaning given the term in
section 141(a) of title 13.
``(2) Urbanized area major disaster population criteria.--
Notwithstanding section 5302, for purposes of this chapter,
the Secretary shall treat an area as an urbanized area for
the period described in paragraph (3) if--
``(A) a major disaster was declared by the President under
section 401 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170) for the area during
the 3-year period preceding the decennial census date for the
2010 decennial census or for any subsequent decennial census;
``(B) the area was defined and designated as an `urbanized
area' by the Secretary of Commerce in the decennial census
immediately preceding the major disaster described in
subparagraph (A); and
``(C) the population of the area fell below 50,000 as a
result of the major disaster described in subparagraph (A).
``(3) Covered period.--The Secretary shall treat an area as
an urbanized area under paragraph (2) during the period--
``(A) beginning on--
``(i) in the case of a major disaster described in
paragraph (2)(A) that occurred during the 3-year period
preceding the decennial census date for the 2010 decennial
census, October 1 of the first fiscal year that begins after
the date of enactment of this subsection; or
``(ii) in the case of any other major disaster described in
paragraph (2)(A), October 1 of the first fiscal year--
``(I) that begins after the decennial census date for the
first decennial census conducted after the major disaster;
and
``(II) for which the Secretary has sufficient data from
that census to determine that the area qualifies for
treatment as an urbanized area under paragraph (2); and
``(B) ending on the day before the first fiscal year--
``(i) that begins after the decennial census date for the
second decennial census conducted after the major disaster
described in paragraph (2)(A); and
``(ii) for which the Secretary has sufficient data from
that census to determine which areas are urbanized areas for
purposes of this chapter.
``(4) Population calculation.--An area treated as an
urbanized area under this subsection shall be assigned the
population and square miles of the urbanized area designated
by the Secretary of Commerce in the most recent decennial
census conducted before the major disaster described in
paragraph (2)(A).
``(5) Savings provision.--Nothing in this subsection may be
construed to affect apportionments made under this chapter
before the date of enactment of this subsection.''.
(b) Amendment Takes Effect on Enactment.--Notwithstanding
section 1001, the amendment made by subsection (a) shall take
effect on the date of enactment of this Act.
SEC. 2306. SPECIAL RULE FOR CERTAIN ROLLING STOCK
PROCUREMENTS.
Section 5323(u)(5)(A) of title 49, United States Code, (as
redesignated by this Act) is amended by striking ``made by a
public transportation agency with a rail rolling stock
manufacturer described in paragraph (1)'' and inserting ``as
of December 20, 2019, including options and other
requirements tied to these contracts or subcontracts, made by
a public transportation agency with a restricted rail rolling
stock manufacturer''.
SEC. 2307. CERTIFICATION REQUIREMENTS.
(a) Limitation of Treatment of Domestic or U.S. Origin.--
Notwithstanding any other provision of any law or any rule,
regulation, or policy of the Administration, including part
661 of title 49, Code of Federal Regulations, no article,
material, or supply, shall be treated as a component of
``U.S. origin'' for purposes of section 661.5 of title 49,
Code of Federal Regulations, or a component or subcomponent
of domestic origin for purposes of section 661.11 of title
49, Code of Federal Regulations, if--
(1) it contains any material inputs manufactured or
supplied by entities that--
(A) are subject to relief authorized under the fair trade
laws of the United States, including subtitle B of title VII
of the Tariff Act of 1930 (19 U.S.C. 1673 et seq.) and
subtitle A of title VII of the Tariff Act of 1930 (19 U.S.C.
1671 et seq.);
(B) are owned or controlled by entities subject to United
States sanctions; or
(C) are entities owned by a foreign government, closely
linked to or in partnership with a foreign government or
whose directors or organizational and board leadership
include any person serving in any capacity in the defense
apparatus of another nation;
(2) it contains or uses covered telecommunications
equipment or services as that term is defined by section 889
of the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232); or
(3) it is of a class or category of products and was
produced by a manufacturer or an affiliate of such a
manufacturer found to have violated United States
intellectual property laws, including trade secret theft
under section 1832(a)(5) of title 18, United States Code,
found to have committed economic espionage under section
183J(a)(5) of such title, or deemed to have infringed the
intellectual property rights of any person in the United
States.
(b) Certification.--If buses or other rolling stock are
being procured, the Administrator of the Federal Transit
Administration shall require as a condition of responsiveness
that each bidder certify that no component, subcomponent,
article, material, or supply described in subparagraphs (A)
through (C) of subsection (a)(1) of this section is
incorporated in or used by the rolling stock that is offered
by the bidder.
Subtitle D--Bus Grant Reforms
SEC. 2401. FORMULA GRANTS FOR BUSES.
Section 5339(a) of title 49, United States Code, is
amended--
(1) in paragraph (1)--
(A) by inserting ``and subsection (d)'' after ``In this
subsection'';
(B) in subparagraph (A) by striking ``term `low or no
emission vehicle' has'' and inserting ``term `zero emission
vehicle' has'';
(C) in subparagraph (B) by inserting ``and the District of
Columbia'' after ``United States''; and
(D) in subparagraph (C) by striking ``the District of
Columbia,'';
(2) in paragraph (2)(A) by striking ``low or no emission
vehicles'' and inserting ``zero emission vehicles'';
(3) in paragraph (4)--
(A) in subparagraph (A) by inserting ``and subsection (d)''
after ``this subsection''; and
(B) in subparagraph (B) by inserting ``and subsection (d)''
after ``this subsection'';
(4) in paragraph (5)(A)--
(A) by striking ``$90,500,000'' and inserting
``$156,750,000'';
(B) by striking ``2016 through 2020'' and inserting ``2022
through 2025'';
(C) by striking ``$1,750,000'' and inserting
``$3,000,000''; and
(D) by striking ``$500,000'' and inserting ``$750,000'';
(5) in paragraph (7) by adding at the end the following:
``(C) Special rule for buses and related equipment for zero
emission vehicles.--Notwithstanding subparagraph (A), a grant
for a capital project for buses and related equipment for
zero emission vehicles under this subsection shall be for 90
percent of the net capital costs of the project. A recipient
of a grant under this subsection may provide additional local
matching amounts.'';
(6) in paragraph (8) by striking ``3 fiscal years'' and
inserting ``4 fiscal years'' and by striking ``3-fiscal-year
period'' and inserting ``4-fiscal-year period''; and
(7) by striking paragraph (9).
SEC. 2402. BUS FACILITIES AND FLEET EXPANSION COMPETITIVE
GRANTS.
Section 5339(b) of title 49, United States Code, is
amended--
(1) in the heading by striking ``Buses and Bus Facilities
Competitive Grants'' and inserting ``Bus Facilities and Fleet
Expansion Competitive Grants'';
(2) in paragraph (1)--
(A) by striking ``buses and'';
(B) by inserting ``and certain buses'' after ``capital
projects'';
(C) in subparagraph (A) by striking ``buses or related
equipment'' and inserting ``bus-related facilities''; and
(D) by striking subparagraph (B) and inserting the
following:
``(B) purchasing or leasing buses that will not replace
buses in the applicant's fleet at the time of application and
will be used to--
``(i) increase the frequency of bus service; or
``(ii) increase the service area of the applicant.'';
(3) by striking paragraph (2) and inserting the following:
``(2) Grant considerations.--In making grants--
``(A) under subparagraph (1)(A), the Secretary shall only
consider--
``(i) the age and condition of bus-related facilities of
the applicant compared to all applicants and proposed
improvements to the resilience (as such term is defined in
section 5302) of such facilities;
``(ii) for a facility within or partially within the 100-
year floodplain, whether such facility will be at least 2
feet above the base flood elevation; and
``(iii) for a bus station, the degree of multi-modal
connections at such station; and
``(B) under paragraph (1)(B), the Secretary shall consider
the improvements to headway and projected new ridership.'';
and
(4) in paragraph (6) by striking subparagraph (B) and
inserting the following:
``(B) Government share of costs.--
``(i) In general.--The Government share of the cost of an
eligible project carried out under this subsection shall not
exceed 80 percent.
``(ii) Special rule for buses and related equipment for
zero emission vehicles.--Notwithstanding clause (i), the
Government share
[[Page H2753]]
of the cost of an eligible project for the financing of buses
and related equipment for zero emission vehicles shall not
exceed 90 percent.''.
SEC. 2403. ZERO EMISSION BUS GRANTS.
(a) In General.--Section 5339(c) of title 49, United States
Code, is amended--
(1) in the heading by striking ``Low or No Emission
Grants'' and inserting ``Zero Emission Grants'';
(2) in paragraph (1)--
(A) in subparagraph (B)--
(i) in clause (i) by striking ``low or no emission'' and
inserting ``zero emission'';
(ii) in clause (ii) by striking ``low or no emission'' and
inserting ``zero emission'';
(iii) in clause (iii) by striking ``low or no emission''
and inserting ``zero emission'';
(iv) in clause (iv) by striking ``facilities and related
equipment for low or no emission'' and inserting ``related
equipment for zero emission'';
(v) in clause (v) by striking ``facilities and related
equipment for low or no emission vehicles;'' and inserting
``related equipment for zero emission vehicles; or'';
(vi) in clause (vii) by striking ``low or no emission'' and
inserting ``zero emission'';
(vii) by striking clause (vi); and
(viii) by redesignating clause (vii) as clause (vi);
(B) by striking subparagraph (D) and inserting the
following:
``(D) the term `zero emission bus' means a bus that is a
zero emission vehicle;'';
(C) by striking subparagraph (E) and inserting the
following:
``(E) the term `zero emission vehicle' means a vehicle used
to provide public transportation that produces no carbon
dioxide or particulate matter;'';
(D) in subparagraph (F) by striking ``and'' at the end;
(E) by striking subparagraph (G) and inserting the
following:
``(G) the term `eligible area' means an area that is--
``(i) designated as a nonattainment area for ozone or
particulate matter under section 107(d) of the Clean Air Act
(42 U.S.C. 7407(d));
``(ii) a maintenance area, as such term is defined in
section 5303, for ozone or particulate matter; or
``(iii) in a State that has enacted a statewide zero
emission bus transition requirement, as determined by the
Secretary; and''; and
(F) by adding at the end the following:
``(H) the term `low-income community' means any population
census tract if--
``(i) the poverty rate for such tract is at least 20
percent; or
``(ii) in the case of a tract--
``(I) not located within a metropolitan area, the median
family income for such tract does not exceed 80 percent of
statewide median family income; or
``(II) located within a metropolitan area, the median
family income for such tract does not exceed 80 percent of
the greater statewide median family income or the
metropolitan area median family income.''; and
(3) by striking paragraph (5) and inserting the following:
``(5) Grant eligibility.--In awarding grants under this
subsection, the Secretary shall make grants to eligible
projects relating to the acquisition or leasing of zero
emission buses or bus facility improvements--
``(A) that procure--
``(i) at least 10 zero emission buses;
``(ii) if the recipient operates less than 50 buses in peak
service, at least 5 zero emission buses; or
``(iii) hydrogen buses;
``(B) for which the recipient's board of directors has
approved a long-term integrated fleet management plan that--
``(i) establishes a goal by a set date to convert the
entire bus fleet to zero emission buses; or
``(ii) establishes a goal that within 10 years from the
date of approval of such plan the recipient will convert a
set percentage of the total bus fleet of such recipient to
zero emission buses; and
``(C) for which the recipient has performed a fleet
transition study that includes optimal route planning and an
analysis of how utility rates may impact the recipient's
operations and maintenance budget.
``(7) Low and moderate community grants.--Not less than 10
percent of the amounts made available under this subsection
in a fiscal year shall be distributed to projects serving
predominantly low-income communities.''.
(b) Metropolitan Transportation Planning.--Section 5303(b)
of title 49, United States Code, is amended by adding at the
end the following:
``(9) Maintenance area.--The term `maintenance area' has
the meaning given the term in sections 171(2) and 175A of the
Clean Air Act (42 U.S.C. 7501(2); 7505a).''.
SEC. 2404. RESTORATION TO STATE OF GOOD REPAIR FORMULA
SUBGRANT.
Section 5339 of title 49, United States Code, is amended by
adding at the end the following:
``(d) Restoration to State of Good Repair Formula
Subgrant.--
``(1) General authority.--The Secretary may make grants
under this subsection to assist eligible recipients and
subrecipients described in paragraph (2) in financing capital
projects to replace, rehabilitate, and purchase buses and
related equipment.
``(2) Eligible recipients and subrecipients.--Not later
than September 1 annually, the Secretary shall make public a
list of eligible recipients and subrecipients based on the
most recent data available in the National Transit Database
to calculate the 20 percent of eligible recipients and
subrecipients with the highest percentage of asset vehicle
miles for buses beyond the useful life benchmark established
by the Federal Transit Administration.
``(3) Urban apportionments.--Funds allocated under section
5338(a)(2)(L)(ii) shall be--
``(A) distributed to--
``(i) designated recipients in an urbanized area with a
population of more than 200,000 made eligible by paragraph
(1); and
``(ii) States based on subrecipients made eligible by
paragraph (1) in an urbanized area under 200,000; and
``(B) allocated pursuant to the formula set forth in
section 5336 other than subsection (b), using the data from
the 20 percent of eligible recipients and subrecipients.
``(4) Rural allocation.--The Secretary shall--
``(A) calculate the percentage of funds under section
5338(a)(2)(L)(ii) to allocate to rural subrecipients by
dividing--
``(i) the asset vehicle miles for buses beyond the useful
life benchmark (established by the Federal Transit
Administration) of the rural subrecipients described in
paragraph (2); by
``(ii) the total asset vehicle miles for buses beyond such
benchmark of all eligible recipients and subrecipients
described in paragraph (2); and
``(B) prior to the allocation described in paragraph
(3)(B), apportion to each State the amount of the total rural
allocation calculated under subparagraph (A) attributable to
such State based the proportion that--
``(i) the asset vehicle miles for buses beyond the useful
life benchmark (established by the Federal Transit
Administration) for rural subrecipients described in
paragraph (2) in such State; bears to
``(ii) the total asset vehicle miles described in
subparagraph (A)(i).
``(5) Application of other provisions.--Paragraphs (3),
(7), and (8) of subsection (a) shall apply to eligible
recipients and subrecipients described in paragraph (2) of a
grant under this subsection.
``(6) Prohibition.--No eligible recipient or subrecipient
outside the top 5 percent of asset vehicle miles for buses
beyond the useful life benchmark established by the Federal
Transit Administration may receive a grant in both fiscal
year 2022 and fiscal year 2023.
``(7) Requirement.--The Secretary shall require--
``(A) States to expend, to the benefit of the subrecipients
eligible under paragraph (2), the apportioned funds
attributed to such subrecipients; and
``(B) designated recipients to provide the allocated funds
to the recipients eligible under paragraph (2) the
apportioned funds attributed to such recipients.''.
Subtitle E--Supporting All Riders
SEC. 2501. LOW-INCOME URBAN FORMULA FUNDS.
Section 5336(j) of title 49, United States Code, is amended
(1) in paragraph (1) by striking ``75 percent'' and
inserting ``50 percent'';
(2) in paragraph (2) by striking ``25 percent'' and
inserting ``12.5 percent''; and
(3) by adding at the end the following:
``(3) 30 percent of the funds shall be apportioned among
designated recipients for urbanized areas with a population
of 200,000 or more in the ratio that--
``(A) the number of individuals in each such urbanized area
residing in an urban census tract with a poverty rate of at
least 20 percent during the 5 years most recently ending;
bears to
``(B) the number of individuals in all such urbanized areas
residing in an urban census tract with a poverty rate of at
least 20 percent during the 5 years most recently ending; and
``(4) 7.5 percent of the funds shall be apportioned among
designated recipients for urbanized areas with a population
less than 200,000 in the ratio that--
``(A) the number of individuals in each such urbanized area
residing in an urban census tract with a poverty rate of at
least 20 percent during the 5 years most recently ending;
bears to
``(B) the number of individuals in all such areas residing
in an urban census tract with a poverty rate of at least 20
percent during the 5 years most recently ending.''.
SEC. 2502. RURAL PERSISTENT POVERTY FORMULA.
Section 5311 of title 49, United States Code, as amended in
section 2204, is further amended--
(1) in subsection (a) by adding at the end the following:
``(3) Persistent poverty county.--The term `persistent
poverty county' means any county with a poverty rate of at
least 20 percent--
``(A) as determined in each of the 1990 and 2000 decennial
censuses;
``(B) in the Small Area Income and Poverty Estimates of the
Bureau of the Census for the most recent year for which the
estimates are available; and
``(C) has at least 25 percent of its population in rural
areas.'';
(2) in subsection (b)(2)(C)(i) by inserting ``and
persistent poverty counties'' before the semicolon; and
(3) in subsection (c) by striking paragraph (2) and
inserting the following:
``(2) Persistent poverty public transportation assistance
program.--
``(A) In general.--The Secretary shall carry out a public
transportation assistance program for areas of persistent
poverty.
``(B) Apportionment.--Of amounts made available or
appropriated for each fiscal year under section
5338(a)(2)(E)(ii) to carry out this paragraph, the Secretary
shall apportion funds to recipients for service in, or
directly benefitting, persistent poverty counties for any
eligible purpose under this section in the ratio that--
``(i) the number of individuals in each such rural area
residing in a persistent poverty county; bears to
[[Page H2754]]
``(ii) the number of individuals in all such rural areas
residing in a persistent poverty county.''.
SEC. 2503. DEMONSTRATION GRANTS TO SUPPORT REDUCED FARE
TRANSIT.
Section 5312 of title 49, United States Code, is amended by
adding at the end the following:
``(j) Demonstration Grants to Support Reduced Fare
Transit.--
``(1) In general.--Not later than 300 days after the date
of enactment of the INVEST in America Act, the Secretary
shall award grants (which shall be known as `Access to Jobs
Grants') to eligible entities, on a competitive basis, to
implement reduced fare transit service.
``(2) Notice.--Not later than 180 days after the date of
enactment of the INVEST in America Act, the Secretary shall
provide notice to eligible entities of the availability of
grants under paragraph (1).
``(3) Application.--To be eligible to receive a grant under
this subsection, an eligible recipient shall submit to the
Secretary an application containing such information as the
Secretary may require, including, at a minimum, the
following:
``(A) A description of how the eligible entity plans to
implement reduced fare transit access with respect to low-
income individuals, including any eligibility requirements
for such transit access.
``(B) A description of how the eligible entity will consult
with local community stakeholders, labor unions, local
education agencies and institutions of higher education,
public housing agencies, and workforce development boards in
the implementation of reduced fares.
``(C) A description of the eligible entity's current fare
evasion enforcement policies, including how the eligible
entity plans to use the reduced fare program to reduce fare
evasion.
``(D) An estimate of additional costs to such eligible
entity as a result of reduced transit fares.
``(4) Grant duration.--Grants awarded under this subsection
shall be for a 2-year period.
``(5) Selection of eligible recipients.--In carrying out
the program under this subsection, the Secretary shall award
not more than 20 percent of grants to eligible entities
located in rural areas.
``(6) Uses of funds.--An eligible entity receiving a grant
under this subsection shall use such grant to implement a
reduced fare transit program and offset lost fare revenue.
``(7) Definitions.--In this subsection:
``(A) Eligible entity.--The term `eligible entity' means a
State, local, or Tribal governmental entity that operates a
public transportation service and is a recipient or
subrecipient of funds under this chapter.
``(B) Low-income individual.--The term `low-income
individual' means an individual--
``(i) that has qualified for--
``(I) any program of medical assistance under a State plan
or under a waiver of the plan under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.);
``(II) supplemental nutrition assistance program (SNAP)
under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et
seq.);
``(III) the program of block grants for States for
temporary assistance for needy families (TANF) established
under part A of title IV of the Social Security Act (42
U.S.C. 601 et seq.);
``(IV) the free and reduced price school lunch program
established under the Richard B. Russell National School
Lunch Act (42 U.S.C. 1751 et seq.);
``(V) a housing voucher through section 8(o) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(o));
``(VI) benefits under the Low-Income Home Energy Assistance
Act of 1981; or
``(VII) special supplemental food program for women,
infants and children (WIC) under section 17 of the Child
Nutrition Act of 1966 (42 U.S.C. 1786); or
``(ii) whose family income is at or below a set percent (as
determined by the eligible recipient) of the poverty line (as
that term is defined in section 673(2) of the Community
Service Block Grant Act (42 U.S.C. 9902(2)), including any
revision required by that section) for a family of the size
involved.
``(8) Report.--The Secretary shall designate a university
transportation center under section 5505 to collaborate with
the eligible entities receiving a grant under this subsection
to collect necessary data to evaluate the effectiveness of
meeting the targets described in the application of such
recipient, including increased ridership and progress towards
significantly closing transit equity gaps.''.
Subtitle F--Supporting Frontline Workers and Passenger Safety
SEC. 2601. NATIONAL TRANSIT FRONTLINE WORKFORCE TRAINING
CENTER.
Section 5314(b) of title 49, United States Code, is
amended--
(1) by striking paragraph (2) and inserting the following:
``(2) National transit frontline workforce training
center.--
``(A) Establishment.--The Secretary shall establish a
national transit frontline workforce training center
(hereinafter referred to as the `Center') and award grants to
a nonprofit organization with a demonstrated capacity to
develop and provide transit career pathway programs through
labor-management partnerships and registered apprenticeships
on a nationwide basis, in order to carry out the duties under
subparagraph (B). The Center shall be dedicated to the needs
of the frontline transit workforce in both rural and urban
transit systems by providing standards-based training in the
maintenance and operations occupations.
``(B) Duties.--
``(i) In general.--In cooperation with the Administrator of
the Federal Transit Administration, public transportation
authorities, and national entities, the Center shall develop
and conduct training and educational programs for frontline
local transportation employees of recipients eligible for
funds under this chapter.
``(ii) Training and educational programs.--The training and
educational programs developed under clause (i) may include
courses in recent developments, techniques, and procedures
related to--
``(I) developing consensus national training standards,
skills, competencies, and recognized postsecondary
credentials in partnership with industry stakeholders for key
frontline transit occupations with demonstrated skill gaps;
``(II) developing recommendations and best practices for
curriculum and recognized postsecondary credentials,
including related instruction and on-the-job learning for
registered apprenticeship programs for transit maintenance
and operations occupations;
``(III) building local, regional, and statewide transit
training partnerships to identify and address workforce skill
gaps and develop skills, competencies, and recognized
postsecondary credentials needed for delivering quality
transit service and supporting employee career advancement;
``(IV) developing programs for training of transit
frontline workers, instructors, mentors, and labor-management
partnership representatives, in the form of classroom, hands-
on, on-the-job, and web-based training, delivered at a
national center, regionally, or at individual transit
agencies;
``(V) developing training programs for skills and
competencies related to existing and emerging transit
technologies, including zero emission buses;
``(VI) developing improved capacity for safety, security,
and emergency preparedness in local transit systems and in
the industry as a whole through--
``(aa) developing the role of the transit frontline
workforce in building and sustaining safety culture and
safety systems in the industry and in individual public
transportation systems; and
``(bb) training to address transit frontline worker roles
in promoting health and safety for transit workers and the
riding public;
``(VII) developing local transit capacity for career
pathways programs with schools and other community
organizations for recruiting and training under-represented
populations as successful transit employees who can develop
careers in the transit industry; and
``(VIII) in collaboration with the Administrator of the
Federal Transit Administration, the Bureau of Labor
Statistics, the Employment and Training Administration, and
organizations representing public transit agencies,
conducting and disseminating research to--
``(aa) provide transit workforce job projections and
identify training needs and gaps;
``(bb) determine the most cost-effective methods for
transit workforce training and development, including return
on investment analysis;
``(cc) identify the most effective methods for implementing
successful safety systems and a positive safety culture; and
``(dd) promote transit workforce best practices for
achieving cost-effective, quality, safe, and reliable public
transportation services.
``(C) Coordination.--The Secretary shall coordinate
activities under this section, to the maximum extent
practicable, with the Employment and Training Administration,
including the National Office of Apprenticeship of the
Department of Labor and the Office of Career, Technical, and
Adult Education of the Department of Education.
``(D) Availability of amounts.--
``(i) In general.--Not more than 1 percent of amounts made
available to a recipient under sections 5307, 5311, 5337, and
5339 is available for expenditures by the recipient, with the
approval of the Secretary, to pay not more than 80 percent of
the cost of eligible activities under this subsection.
``(ii) Existing programs.--A recipient may use amounts made
available under clause (i) to carry out existing local
education and training programs for public transportation
employees supported by the Secretary, the Department of
Labor, or the Department of Education.
``(iii) Limitation.--Any funds made available under this
section that are used to fund an apprenticeship or
apprenticeship program shall only be used for, or provided
to, a registered apprenticeship program, including any funds
awarded for the purposes of grants, contracts, or cooperative
agreements, or the development, implementation, or
administration, of an apprenticeship or an apprenticeship
program.
``(E) Definitions.--In this paragraph:
``(i) Career pathway.--The term `career pathway' has the
meaning given such term in section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102).
``(ii) Recognized postsecondary credential.--The term
`recognized postsecondary credential' has the meaning given
such term in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
``(iii) Registered apprenticeship program.--The term
`registered apprenticeship program' means an apprenticeship
program registered with the Department of Labor or a
Federally-recognized State Apprenticeship Agency and that
complies with the requirements under parts 29 and 30 of title
29, Code of Federal Regulations, as in effect on January 1,
2019.'';
(2) in paragraph (3) by striking ``or (2)''; and
(3) by striking paragraph (4).
SEC. 2602. PUBLIC TRANSPORTATION SAFETY PROGRAM.
Section 5329 of title 49, United States Code, is amended--
(1) in subsection (b)(2)(C)(ii)--
(A) in subclause (I) by striking ``and'' at the end;
(B) in subclause (II) by striking the semicolon and
inserting ``; and''; and
[[Page H2755]]
(C) by adding at the end the following:
``(III) innovations in driver assistance technologies and
driver protection infrastructure where appropriate, and a
reduction in visibility impairments that contribute to
pedestrian fatalities;'';
(2) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (A) by inserting ``the safety committee
established under paragraph (4), and subsequently,'' before
``the board of directors'';
(ii) in subparagraph (C) by striking ``public, personnel,
and property'' and inserting ``public and personnel to
injuries, assaults, and fatalities, and strategies to
minimize the exposure of property'';
(iii) by striking subparagraph (G) and inserting the
following:
``(G) a comprehensive staff training program for the
operations and maintenance personnel and personnel directly
responsible for safety of the recipient that includes--
``(i) the completion of a safety training program;
``(ii) continuing safety education and training; and
``(iii) de-escalation training;
``(H) a requirement that the safety committee only approve
a safety plan under subparagraph (A) if such plan stays
within such recipient's fiscal budget; and
``(I) a risk reduction program for transit operations to
improve safety by reducing the number and rates of accidents,
injuries, and assaults on transit workers using data
submitted to the National Transit Database, including--
``(i) a reduction of vehicular and pedestrian accidents
involving buses that includes measures to reduce visibility
impairments for bus operators that contribute to accidents,
including retrofits to buses in revenue service and
specifications for future procurements that reduce visibility
impairments; and
``(ii) transit worker assault mitigation, including the
deployment of assault mitigation infrastructure and
technology on buses, including barriers to restrict the
unwanted entry of individuals and objects into bus operators'
workstations when a recipient's risk analysis performed by
the safety committee established in paragraph (4) determines
that such barriers or other measures would reduce assaults on
and injuries to transit workers; and''; and
(B) by adding at the end the following:
``(4) Safety committee.--For purposes of the approval
process of an agency safety plan under paragraph (1), the
safety committee shall be convened by a joint labor-
management process and consist of an equal number of--
``(A) frontline employee representatives, selected by the
labor organization representing the plurality of the
frontline workforce employed by the recipient or if
applicable a contractor to the recipient; and
``(B) employer or State representatives.''; and
(3) in subsection (e)(4)(A)(v) by inserting ``,
inspection,'' after ``has investigative''.
SEC. 2603. INNOVATION WORKFORCE STANDARDS.
(a) Prohibition on Use of Funds.--No financial assistance
under chapter 53 of title 49, United States Code, may be used
for--
(1) an automated vehicle providing public transportation
unless--
(A) the recipient of such assistance that proposes to
deploy an automated vehicle providing public transportation
certifies to the Secretary of Transportation that the
deployment does not eliminate or reduce the frequency of
existing public transportation service; and
(B) the Secretary receives, approves, and publishes the
workforce development plan under subsection (b) submitted by
the eligible entity when required by subsection (b)(1); and
(2) a mobility on demand service unless--
(A) the recipient of such assistance that proposes to
deploy a mobility on demand service certifies to the
Secretary that the service meets the criteria under section
5307, 5310, 5311, 5312, or 5316 of title 49, United States
Code; and
(B) the Secretary receives, approves, and publishes the
workforce development plan under subsection (b) submitted by
the eligible entity when required by subsection (b)(1).
(b) Workforce Development Plan.--
(1) In general.--A recipient of financial assistance under
chapter 53 of title 49, United States Code, proposing to
deploy an automated vehicle providing public transportation
or mobility on demand service shall submit to the Secretary,
prior to implementation of such service, a workforce
development plan if such service, combined with any other
automated vehicle providing public transportation or mobility
on demand service offered by such recipient, would exceed by
more than 0.5 percent of the recipient's total transit
passenger miles traveled.
(2) Contents.--The workforce development plan under
subsection (a) shall include the following:
(A) A description of services offered by existing
conventional modes of public transportation in the area
served by the recipient that could be affected by the
proposed automated vehicle providing public transportation or
mobility on demand service, including jobs and functions of
such jobs.
(B) A forecast of the number of jobs provided by existing
conventional modes of public transportation that would be
eliminated or that would be substantially changed and the
number of jobs expected to be created by the proposed
automated vehicle providing public transportation or mobility
on demand service over a 5-year period from the date of the
publication of the workforce development plan.
(C) Identified gaps in skills needed to operate and
maintain the proposed automated vehicle providing public
transportation or mobility on demand service.
(D) A comprehensive plan to transition, train, or retrain
employees that could be affected by the proposed automated
vehicle providing public transportation or mobility on demand
service.
(E) An estimated budget to transition, train, or retrain
employees impacted by the proposed automated vehicle
providing public transportation or mobility on demand service
over a 5-year period from the date of the publication of the
workforce development plan.
(c) Notice Required.--
(1) In general.--A recipient of financial assistance under
chapter 53 of title 49, United States Code, shall issue a
notice to employees who, due to the use of an automated
vehicle providing public transportation or mobility on demand
service, may be subjected to a loss of employment or a change
in responsibilities not later than 60 days before signing a
contract for such service or procurement. A recipient shall
provide employees copies of a request for a proposal related
to an automated vehicle providing public transportation or
mobility on demand services at the time such request is
issued.
(2) Content.--The notice required in paragraph (1) shall
include the following:
(A) A description of the automated vehicle providing public
transportation or mobility on demand service.
(B) The impact of the automated vehicle providing public
transportation or mobility on demand service on employment
positions, including a description of which employment
positions will be affected and whether any new positions will
be created.
(d) Definitions.--In this section:
(1) Automated vehicle.--The term ``automated vehicle''
means a motor vehicle that--
(A) is capable of performing the entire task of driving
(including steering, accelerating and decelerating, and
reacting to external stimulus) without human intervention;
and
(B) is designed to be operated exclusively by a Level 4 or
Level 5 automated driving system for all trips according to
the recommended practice standards published on June 15,
2018, by the Society of Automotive Engineers International
(J3016_201806) or equivalent standards adopted by the
Secretary with respect to automated motor vehicles.
(2) Mobility on demand.--The term ``mobility on demand''
has the meaning given such term in section 5316 of title 49,
United States Code.
(3) Public transportation.--The term ``public
transportation'' has the meaning given such term in section
5302 of title 49, United States Code.
(e) Savings Clause.--Nothing in this section shall prohibit
the use of funds for an eligible activity or pilot project of
a covered recipient authorized under current law prior to the
date of enactment of this Act.
SEC. 2604. SAFETY PERFORMANCE MEASURES AND SET ASIDES.
Section 5329(d)(2) of title 49, United States Code, is
amended to read as follows:
``(2) Safety committee performance measures.--
``(A) In general.--The safety committee described in
paragraph (4) shall establish performance measures for the
risk reduction program in paragraph (1)(I) using a 3-year
rolling average of the data submitted by the recipient to the
National Transit Database.
``(B) Safety set aside.--With respect to a recipient
serving an urbanized area that receives funds under section
5307, such recipient shall allocate not less than 0.75
percent of such funds to projects eligible under 5307.
``(C) Failure to meet performance measures.--Any recipient
that receives funds under section 5307 that does not meet the
performance measures established in subparagraph (A) shall
allocate the amount made available in subparagraph (B) in the
following fiscal year to projects described in subparagraph
(D).
``(D) Eligible projects.--Funds set aside under this
paragraph shall be used for projects that are reasonably
likely to meet the performance measures established in
subparagraph (A), including modifications to rolling stock
and de-escalation training.''.
SEC. 2605. U.S. EMPLOYMENT PLAN.
(a) In General.--Chapter 53 of title 49, United States
Code, is amended by adding at the end the following:
``Sec. 5341. U.S. Employment Plan
``(a) Definitions.--In this section:
``(1) Commitment to high-quality career and business
opportunities.--The term `commitment to high-quality career
and business opportunities' means participation in a
registered apprenticeship program.
``(2) Covered infrastructure program.--The term `covered
infrastructure program' means any activity under program or
project under this chapter for the purchase or acquisition of
rolling stock.
``(3) U.S. employment plan.--The term `U.S. Employment
Plan' means a plan under which an entity receiving Federal
assistance for a project under a covered infrastructure
program shall--
``(A) include in a request for proposal an encouragement
for bidders to include, with respect to the project--
``(i) high-quality wage, benefit, and training commitments
by the bidder and the supply chain of the bidder for the
project; and
``(ii) a commitment to recruit and hire individuals
described in subsection (e) if the project results in the
hiring of employees not currently or previously employed by
the bidder and the supply chain of the bidder for the
project;
``(B) give preference for the award of the contract to a
bidder that includes the commitments described in clauses (i)
and (ii) of subparagraph (A); and
``(C) ensure that each bidder that includes the commitments
described in clauses (i) and (ii) of subparagraph (A) that is
awarded a contract complies with those commitments.
[[Page H2756]]
``(4) Registered apprenticeship program.--The term
`registered apprenticeship program' means an apprenticeship
program registered with the Department of Labor or a
Federally-recognized State Apprenticeship Agency and that
complies with the requirements under parts 29 and 30 of title
29, Code of Federal Regulations, as in effect on January 1,
2019.
``(b) Best-value Framework.--To the maximum extent
practicable, a recipient of assistance under a covered
infrastructure program is encouraged--
``(1) to ensure that each dollar invested in infrastructure
uses a best-value contracting framework to maximize the local
value of federally funded contracts by evaluating bids on
price and other technical criteria prioritized in the bid,
such as--
``(A) equity;
``(B) environmental and climate justice;
``(C) impact on greenhouse gas emissions;
``(D) resilience;
``(E) the results of a 40-year life-cycle analysis;
``(F) safety;
``(G) commitment to creating or sustaining high-quality job
opportunities affiliated with registered apprenticeship
programs (as defined in subsection (a)(3)) for disadvantaged
or underrepresented individuals in infrastructure industries
in the United States; and
``(H) access to jobs and essential services by all modes of
travel for all users, including disabled individuals; and
``(2) to ensure community engagement, transparency, and
accountability in carrying out each stage of the project.
``(c) Preference for Registered Apprenticeship Programs.--
To the maximum extent practicable, a recipient of assistance
under a covered infrastructure program, with respect to the
project for which the assistance is received, shall give
preference to a bidder that demonstrates a commitment to
high-quality job opportunities affiliated with registered
apprenticeship programs.
``(d) Use of U.S. Employment Plan.--Notwithstanding any
other provision of law, in carrying out a project under a
covered infrastructure program, each entity that receives
Federal assistance shall use a U.S. Employment Plan for each
contract of $10,000,000 or more for the purchase of
manufactured goods or of services, based on an independent
cost estimate.
``(e) Priority.--The head of the relevant Federal agency
shall ensure that the entity carrying out a project under the
covered infrastructure program gives priority to--
``(1) individuals with a barrier to employment (as defined
in section 3 of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3102)), including ex-offenders and disabled
individuals;
``(2) veterans; and
``(3) individuals that represent populations that are
traditionally underrepresented in the infrastructure
workforce, such as women and racial and ethnic minorities.
``(f) Report.--Not less frequently than once each fiscal
year, the heads of the relevant Federal agencies shall
jointly submit to Congress a report describing the
implementation of this section.
``(g) Intent of Congress.--
``(1) In general.--It is the intent of Congress--
``(A) to encourage recipients of Federal assistance under
covered infrastructure programs to use a best-value
contracting framework described in subsection (b) for the
purchase of goods and services;
``(B) to encourage recipients of Federal assistance under
covered infrastructure programs to use preferences for
registered apprenticeship programs as described in subsection
(c) when evaluating bids for projects using that assistance;
``(C) to require that recipients of Federal assistance
under covered infrastructure programs use the U.S. Employment
Plan in carrying out the project for which the assistance was
provided; and
``(D) that full and open competition under covered
infrastructure programs means a procedural competition that
prevents corruption, favoritism, and unfair treatment by
recipient agencies.
``(2) Inclusion.--A best-value contracting framework
described in subsection (b) is a framework that authorizes a
recipient of Federal assistance under a covered
infrastructure program, in awarding contracts, to evaluate a
range of factors, including price, the quality of products,
the quality of services, and commitments to the creation of
good jobs for all people in the United States.
``(h) Award Basis.--In awarding grants under this section,
the Secretary shall give priority to eligible entities that--
``(1) ensure that not less than 50 percent of the workers
hired to participate in the job training program are hired
through local hiring in accordance with subsection (e),
including by prioritizing individuals with a barrier to
employment (including ex-offenders), disabled individuals
(meaning an individual with a disability (as defined in
section 3 of the Americans with Disabilities Act of 1990 (42
U.S.C. 12102))), veterans, and individuals that represent
populations that are traditionally underrepresented in the
infrastructure workforce; or
``(2) ensure the commitments described in clauses (i) and
(ii) of subsection (a)(2)(A) with respect to carrying out the
job training program.''.
(b) Clerical Amendment.--The analysis for chapter 53 of
title 49, United States Code, is amended by adding at the end
the following:
``5341. U.S. Employment Plan.''.
SEC. 2606. TECHNICAL ASSISTANCE AND WORKFORCE DEVELOPMENT.
(a) In General.--Section 5314(a) of title 49, Unites States
Code, is amended--
(1) in paragraph (2)--
(A) in subparagraph (H) by striking ``and'' at the end;
(B) by redesignating subparagraph (I) as subparagraph (J);
and
(C) by inserting after subparagraph (H) the following:
``(I) provide innovation and capacity-building to rural and
tribal public transportation recipients but that not to
duplicate the activities of sections 5311(b) or 5312; and'';
and
(2) by adding at the end the following:
``(4) Availability of amounts.--Of the amounts made
available to carry out this section under section 5338(c),
$1,500,000 shall be available to carry out activities
described in paragraph (2)(I).''.
(b) Availability of Amounts.-- Section 5314(c)(4)(A) of
title 49, United States Code, is amended by inserting
``5311,'' after ``5307,''.
Subtitle G--Transit-Supportive Communities
SEC. 2701. TRANSIT-SUPPORTIVE COMMUNITIES.
(a) In General.--Chapter 53 of title 49, United States
Code, is amended by inserting after section 5327 the
following:
``Sec. 5328. Transit-supportive communities
``(a) Establishment.--The Secretary shall establish within
the Federal Transit Administration, an Office of Transit-
Supportive Communities to make grants, provide technical
assistance, and assist in the coordination of transit and
housing policies within the Federal Transit Administration,
the Department of Transportation, and across the Federal
Government.
``(b) Transit Oriented Development Planning Grant
Program.--
``(1) Definition.--In this subsection the term `eligible
project' means--
``(A) a new fixed guideway capital project or a core
capacity improvement project as defined in section 5309;
``(B) an existing fixed guideway system, or an existing
station that is served by a fixed guideway system; or
``(C) the immediate corridor along the highest 25 percent
of routes by ridership as demonstrated in section
5336(b)(2)(B).
``(2) General authority.--The Secretary may make grants
under this subsection to a State , local governmental
authority, or metropolitan planning organization to assist in
financing comprehensive planning associated with an eligible
project that seeks to--
``(A) enhance economic development, ridership, and other
goals established during the project development and
engineering processes or the grant application;
``(B) facilitate multimodal connectivity and accessibility;
``(C) increase access to transit hubs for pedestrian and
bicycle traffic;
``(D) enable mixed-use development;
``(E) identify infrastructure needs associated with the
eligible project; and
``(F) include private sector participation.
``(3) Eligibility.--A State , local governmental authority,
or metropolitan planning organization that desires to
participate in the program under this subsection shall submit
to the Secretary an application that contains at a minimum--
``(A) an identification of an eligible project;
``(B) a schedule and process for the development of a
comprehensive plan;
``(C) a description of how the eligible project and the
proposed comprehensive plan advance the metropolitan
transportation plan of the metropolitan planning
organization;
``(D) proposed performance criteria for the development and
implementation of the comprehensive plan;
``(E) a description of how the project will reduce and
mitigate social and economic impacts on existing residents
and businesses vulnerable to displacement; and
``(F) identification of--
``(i) partners;
``(ii) availability of and authority for funding; and
``(iii) potential State, local or other impediments to the
implementation of the comprehensive plan.
``(4) Cost share.--A grant under this subsection shall not
exceed an amount in excess of 80 percent of total project
costs, except that a grant that includes an affordable
housing component shall not exceed an amount in excess of 90
percent of total project costs.
``(c) Technical Assistance.--The Secretary shall provide
technical assistance to States, local governmental
authorities, and metropolitan planning organizations in the
planning and development of transit-oriented development
projects and transit supportive corridor policies,
including--
``(1) the siting, planning, financing, and integration of
transit-oriented development projects;
``(2) the integration of transit-oriented development and
transit-supportive corridor policies in the preparation for
and development of an application for funding under section
602 of title 23;
``(3) the siting, planning, financing, and integration of
transit-oriented development and transit supportive corridor
policies associated with projects under section 5309;
``(4) the development of housing feasibility assessments as
allowed under section 5309(g)(3)(B);
``(5) the development of transit-supportive corridor
policies that promote transit ridership and transit-oriented
development;
``(6) the development, implementation, and management of
land value capture programs; and
``(7) the development of model contracts, model codes, and
best practices for the implementation of transit-oriented
development projects and transit-supportive corridor
policies.
``(d) Value Capture Policy Requirements.--
``(1) Value capture policy.--Not later than October 1 of
the fiscal year that begins 2 years
[[Page H2757]]
after the date of enactment of this section, the Secretary,
in collaboration with State departments of transportation,
metropolitan planning organizations, and regional council of
governments, shall establish voluntary and consensus-based
value capture standards, policies, and best practices for
State and local value capture mechanisms that promote greater
investments in public transportation and affordable transit-
oriented development.
``(2) Report.--Not later than 15 months after the date of
enactment of this section, the Secretary shall make available
to the public a report cataloging examples of State and local
laws and policies that provide for value capture and value
sharing that promote greater investment in public
transportation and affordable transit-oriented development.
``(d) Equity.--In providing technical assistance under
subsection (c), the Secretary shall incorporate strategies to
promote equity for underrepresented and underserved
communities, including--
``(1) preventing displacement of existing residents and
businesses;
``(2) mitigating rent and housing price increases;
``(3) incorporating affordable rental and ownership housing
in transit-oriented development;
``(4) engaging under-served, limited English proficiency,
low income, and minority communities in the planning process;
``(5) fostering economic development opportunities for
existing residents and businesses; and
``(6) targeting affordable housing that help lessen
homelessness.
``(d) Authority to Request Staffing Assistance.--In
fulfilling the duties of this section, the Secretary shall,
as needed, request staffing and technical assistance from
other Federal agencies, programs, administrations, boards, or
commissions.
``(e) Review Existing Policies and Programs.--Not later
than 24 months after the date of enactment of this section,
the Secretary shall review and evaluate all existing policies
and programs within the Federal Transit Administration that
support or promote transit-oriented development to ensure
their coordination and effectiveness relative to the goals of
this section.
``(f) Reporting.--Not later than February 1 of each year
beginning the year after the date of enactment of this
section, the Secretary shall prepare a report detailing the
grants and technical assistance provided under this section,
the number of affordable housing units constructed or planned
as a result of projects funded in this section, and the
number of affordable housing units constructed or planned as
a result of a property transfer under section 5334(h)(1). The
report shall be provided to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the
Senate.
``(g) Savings Clause.--Nothing in this section authorizes
the Secretary to provide any financial assistance for the
construction of housing.''.
(b) Clerical Amendment.--The analysis for chapter 53 of
title 49, United States Code, is amended by inserting after
the item relating to section 5327 the following:
``5328. Transit-supportive communities.''.
(c) Technical and Conforming Amendment.--Section 20005 of
the MAP-21 (Public Law 112-141) is amended--
(1) by striking ``(a) Amendment.--''; and
(2) by striking subsection (b).
SEC. 2702. PROPERTY DISPOSITION FOR AFFORDABLE HOUSING.
Section 5334(h)(1) of title 49, United States Code, is
amended to read as follows:
``(1) In general.--If a recipient of assistance under this
chapter decides an asset acquired under this chapter at least
in part with that assistance is no longer needed for the
purpose for which such asset was acquired, the Secretary may
authorize the recipient to transfer such asset to--
``(A) a local governmental authority to be used for a
public purpose with no further obligation to the Government
if the Secretary decides--
``(i) the asset will remain in public use for at least 5
years after the date the asset is transferred;
``(ii) there is no purpose eligible for assistance under
this chapter for which the asset should be used;
``(iii) the overall benefit of allowing the transfer is
greater than the interest of the Government in liquidation
and return of the financial interest of the Government in the
asset, after considering fair market value and other factors;
and
``(iv) through an appropriate screening or survey process,
that there is no interest in acquiring the asset for
Government use if the asset is a facility or land; or
``(B) a local governmental authority, nonprofit
organization, or other third party entity to be used for the
purpose of transit-oriented development with no further
obligation to the Government if the Secretary decides--
``(i) the asset is a necessary component of a proposed
transit-oriented development project;
``(ii) the transit-oriented development project will
increase transit ridership;
``(iii) at least 40 percent of the housing units offered in
the transit-oriented development , including housing units
owned by nongovernmental entities, are legally binding
affordability restricted to tenants with incomes at or below
60 percent of the area median income and/or owners with
incomes at or below 60 percent the area median income;
``(iv) the asset will remain in use as described in this
section for at least 30 years after the date the asset is
transferred; and
``(v) with respect to a transfer to a third party entity--
``(I) a local government authority or nonprofit
organization is unable to receive the property; and
``(II) the overall benefit of allowing the transfer is
greater than the interest of the Government in liquidation
and return of the financial interest of the Government in the
asset, after considering fair market value and other factors.
``(III) the third party has demonstrated a satisfactory
history of construction or operating an affordable housing
development.''.
SEC. 2703. AFFORDABLE HOUSING INCENTIVES IN CAPITAL
INVESTMENT GRANTS.
Section 5309 of title 49, United States Code, is amended--
(1) in subsection (g)--
(A) in paragraph (2)(B)--
(i) in clause (i) by striking ``; and'' and inserting a
semicolon;
(ii) in clause (ii) by striking the period and inserting
``; and''; and
(iii) by adding at the end the following:
``(iii) in the case of a new fixed guideway capital project
or a core capacity improvement project, allow a weighting
five points greater to the economic development subfactor and
five points lesser to the lowest scoring subfactor if the
applicant demonstrates substantial efforts to preserve or
encourage affordable housing near the project by providing
documentation of policies that allow by-right multi-family
housing, single room occupancy units, or accessory dwelling
units, providing local capital sources for transit-oriented
development, or demonstrate other methods as determined by
the Secretary.''; and
(B) in paragraph (3), as amended by this Act, by adding at
the end the following:
``(B) establish a warrant that applies to the economic
development project justification criteria, provided that the
applicant that requests a warrant under this process has
completed and submitted a housing feasibility assessment.'';
and
(2) in subsection (l)(4)--
(A) in subparagraph (B) by striking ``; or'' and inserting
a semicolon;
(B) in subparagraph (C) by striking the period and
inserting ``; or''; and
(C) by adding at the end the following:
``(D) from grant proceeds distributed under section 103 of
the Housing and Community Development Act of 1974 (42 U.S.C.
5303) or section 201 of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3141) provided that--
``(i) such funds are used in conjunction with the planning
or development of affordable housing; and
``(ii) such affordable housing is located within one-half
of a mile of a new station.''.
Subtitle H--Innovation
SEC. 2801. MOBILITY INNOVATION SANDBOX PROGRAM.
Section 5312(d) of title 49, United States Code, is amended
by adding at the end the following:
``(3) Mobility innovation sandbox program.--The Secretary
may make funding available under this subsection to carry out
research on mobility on demand and mobility as a service
activities eligible under section 5316.''.
SEC. 2802. TRANSIT BUS OPERATOR COMPARTMENT REDESIGN PROGRAM.
Section 5312(d) of title 49, United States Code, is further
amended by adding at the end the following:
``(4) Transit bus operator compartment redesign program.--
``(A) In general.--The Secretary may make funding available
under this subsection to carry out research on redesigning
transit bus operator compartments to improve safety,
operational efficiency, and passenger accessibility.
``(B) Objectives.--Research objectives under this paragraph
shall include--
``(i) increasing bus operator safety from assaults;
``(ii) optimizing operator visibility and reducing operator
distractions to improve safety of bus passengers,
pedestrians, bicyclists, and other roadway users;
``(iii) expanding passenger accessibility for positive
interactions between operators and passengers, including
assisting passengers in need of special assistance;
``(iv) accommodating compliance for passenger boarding,
alighting, and securement with the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.); and
``(v) improving ergonomics to reduce bus operator work-
related health issues and injuries, as well as locate key
instrument and control interfaces to improve operational
efficiency and convenience.
``(C) Activities.--Eligible activities under this paragraph
shall include--
``(i) measures to reduce visibility impairments and
distractions for bus operators that contribute to accidents,
including retrofits to buses in revenue service and
specifications for future procurements that reduce visibility
impairments and distractions;
``(ii) the deployment of assault mitigation infrastructure
and technology on buses, including barriers to restrict the
unwanted entry of individuals and objects into bus operators'
workstations;
``(iii) technologies to improve passenger accessibility,
including boarding, alighting, and securement in compliance
with the Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.);
``(iv) installation of seating and modification to design
specifications of bus operator workstations that reduce or
prevent injuries from ergonomic risks; or
``(v) other measures that align with the objectives under
subparagraph (B).
``(D) Eligible entities.--Entities eligible to receive
funding under this paragraph shall include consortia
consisting of, at a minimum:
``(i) recipients of funds under this chapter that provide
public transportation services;
[[Page H2758]]
``(ii) transit vehicle manufacturers;
``(iii) representatives from organizations engaged in
collective bargaining on behalf of transit workers in not
fewer than 3 States; and
``(iv) any nonprofit institution of higher education, as
defined in section 101 of the Higher Education Act of 1965
(20 U.S.C. 1001).''.
SEC. 2803. FEDERAL TRANSIT ADMINISTRATION EVERY DAY COUNTS
INITIATIVE.
Section 5312 of title 49, United States Code, as amended by
section 2503, is further amended by adding at the end the
following:
``(k) Every Day Counts Initiative.--
``(1) In general.--It is in the national interest for the
Department of Transportation and recipients of Federal public
transportation funds--
``(A) to identify, accelerate, and deploy innovation aimed
at expediting project delivery, enhancing the safety of
transit systems of the United States, and protecting the
environment;
``(B) to ensure that the planning, design, engineering,
construction, and financing of transportation projects is
done in an efficient and effective manner;
``(C) to promote the rapid deployment of proven solutions
that provide greater accountability for public investments;
and
``(D) to create a culture of innovation within the transit
community.
``(2) FTA every day counts initiative.--To advance the
policies described in paragraph (1), the Administrator of the
Federal Transit Administration shall adopt the Every Day
Counts initiative to work with recipients to identify and
deploy the proven innovation practices and products that--
``(A) accelerate innovation deployment;
``(B) expedite the project delivery process;
``(C) improve environmental sustainability;
``(D) enhance transit safety;
``(E) expand mobility; and
``(F) reduce greenhouse gas emissions.
``(3) Consideration.--In accordance with the Every Day
Counts goals described in paragraphs (1) and (2), the
Administrator shall consider research conducted through the
university transportation centers program in section 5505.
``(4) Innovation deployment.--
``(A) In general.--At least every 2 years, the
Administrator shall work collaboratively with recipients to
identify a new collection of innovations, best practices, and
data to be deployed to recipients through case studies,
webinars, and demonstration projects.
``(B) Requirements.--In identifying a collection described
in subparagraph (A), the Secretary shall take into account
market readiness, impacts, benefits, and ease of adoption of
the innovation or practice.
``(5) Publication.--Each collection identified under
paragraph (4) shall be published by the Administrator on a
publicly available website.''.
SEC. 2804. TECHNICAL CORRECTIONS.
Section 5312 of title 49, United States Code, as amended in
section 2503 and 2803, is further amended--
(1) in subsection (e)--
(A) in paragraph (3)(C) by striking ``low or no emission
vehicles, zero emission vehicles,'' and inserting ``zero
emission vehicles''; and
(B) by striking paragraph (6) and inserting the following:
``(6) Zero emission vehicle defined.--In this subsection,
the term `zero emission vehicle' means a passenger vehicle
used to provide public transportation that produces no carbon
or particulate matter.'';
(2) by redesignating the first subsection (g) as subsection
(f); and
(3) in subsection (h)--
(A) in the header by striking ``Low or No Emission'' and
inserting ``Zero Emission'';
(B) in paragraph (1)--
(i) by striking subparagraph (B) and inserting the
following:
``(B) the term `zero emission vehicle' has the meaning
given such term in subsection (e)(6);''; and
(ii) in subparagraph (D) by striking ``low or no emission
vehicle'' and inserting ``zero emission vehicle'' each place
such term appears;
(C) in paragraph (2)--
(i) in the heading by striking ``low or no emission'' and
inserting ``zero emission''; and
(ii) by striking ``low or no emission'' and inserting
``zero emission'' each place such term appears;
(D) in paragraph (3) by striking ``low or no emission'' and
inserting ``zero emission'' each place such term appears; and
(E) in paragraph (5)(A) by striking ``low or no emission''
and inserting ``zero emission''.
SEC. 2805. NATIONAL ADVANCED TECHNOLOGY TRANSIT BUS
DEVELOPMENT PROGRAM.
(a) Establishment.--The Secretary shall establish a
national advanced technology transit bus development program
to facilitate the development and testing of commercially
viable advanced technology transit buses that do not exceed a
Level 3 automated driving system and related infrastructure.
(b) Authorization.--There shall be available $20,000,000
for each of fiscal years 2021 through 2025.
(c) Grants.--The Secretary may enter into grants,
contracts, and cooperative agreements with no more than 3
geographically diverse nonprofit organizations and recipients
under chapter 53 of title 49, United States Code, to
facilitate the development and testing of commercially viable
advance technology transit buses and related infrastructure.
(d) Considerations.--The Secretary shall consider the
applicant's--
(1) ability to contribute significantly to furthering
advanced technologies as it relates to transit bus
operations, including advanced driver assistance systems,
automatic emergency braking, accessibility, and energy
efficiency;
(2) financing plan and cost share potential;
(3) technical experience developing or testing advanced
technologies in transit buses;
(4) commitment to frontline worker involvement; and
(5) other criteria that the Secretary determines are
necessary to carry out the program.
The Secretary shall not consider applicants working on
autonomous vehicles.
(e) Competitive Grant Selection.--The Secretary shall
conduct a national solicitation for applications for grants
under the program. Grant recipients shall be selected on a
competitive basis. The Secretary shall give priority
consideration to applicants that have successfully managed
advanced transportation technology projects, including
projects related to public transportation operations for a
period of not less than 5 years.
(f) Consortia.--As a condition of receiving an award in
(c), the Secretary shall ensure--
(1) that the selected non-profit recipients subsequently
establish a consortia for each proposal submitted, including
representatives from a labor union, transit agency, an FTA-
designated university bus and component testing center, a Buy
America compliant transit bus manufacturer, and others as
determined by the Secretary;
(2) that no proposal selected would decrease workplace or
passenger safety; and
(3) that no proposal selected would undermine the creation
of high-quality jobs or workforce support and development
programs.
(g) Federal Share.--The Federal share of costs of the
program shall be provided from funds made available to carry
out this section. The Federal share of the cost of a project
carried out under the program shall not exceed 80 percent of
such cost.
Subtitle I--Other Program Reauthorizations
SEC. 2901. REAUTHORIZATION FOR CAPITAL AND PREVENTIVE
MAINTENANCE PROJECTS FOR WASHINGTON
METROPOLITAN AREA TRANSIT AUTHORITY.
Section 601 of the Passenger Rail Investment and
Improvement Act of 2008 (Public Law 110-432) is amended--
(1) in subsection (b) by striking ``The Federal'' and
inserting ``Except as provided in subsection (f)(2), the
Federal'';
(2) by striking subsections (d) through (f) and inserting
the following:
``(d) Required Board Approval.--No amounts may be provided
to the Transit Authority under this section until the Transit
Authority certifies to the Secretary of Transportation that--
``(1) a board resolution has passed on or before July 1,
2021, and is in effect for the period of July 1, 2022 through
June 30, 2031, that--
``(A) establishes an independent budget authority for the
Office of Inspector General of the Transit Authority;
``(B) establishes an independent procurement authority for
the Office of Inspector General of the Transit Authority;
``(C) establishes an independent hiring authority for the
Office of Inspector General of the Transit Authority;
``(D) ensures the Inspector General of the Transit
Authority can obtain legal advice from a counsel reporting
directly to the Inspector General;
``(E) requires the Inspector General of the Transit
Authority to submit recommendations for corrective action to
the General Manager and the Board of Directors of the Transit
Authority;
``(F) requires the Inspector General of the Transit
Authority to publish any recommendation described in
subparagraph (E) on the website of the Office of Inspector
General of the Transit Authority, except that the Inspector
General may redact personally identifiable information and
information that, in the determination of the Inspector
General, would pose a security risk to the systems of the
Transit Authority;
``(G) requires the Board of Directors of the Transit
Authority to provide written notice to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate not less than 30 days before the
Board of Directors removes the Inspector General of the
Transit Authority, which shall include the reasons for
removal and supporting documentation; and
``(H) prohibits the Board of Directors from removing the
Inspector General of the Transit Authority unless the Board
of Directors has provided a 30 day written notification as
described in subparagraph (G) that documents--
``(i) a permanent incapacity;
``(ii) a neglect of duty;
``(iii) malfeasance;
``(iv) a conviction of a felony or conduct involving moral
turpitude;
``(v) a knowing violation of a law or regulation;
``(vi) gross mismanagement;
``(vii) a gross waste of funds;
``(viii) an abuse of authority; or
``(ix) inefficiency; and
``(2) the Code of Ethics for Members of the WMATA Board of
Directors passed on September 26, 2019, remains in effect, or
the Inspector General of the Transit Authority has consulted
with any modifications to the Code of Ethics by the Board.
``(e) Authorizations.--
``(1) In general.--There are authorized to be appropriated
to the Secretary of Transportation for grants under this
section--
``(A) for fiscal year 2021, $150,000,000;
``(B) for fiscal year 2022, $155,000,000;
[[Page H2759]]
``(C) for fiscal year 2023, $160,000,000;
``(D) for fiscal year 2024, $165,000,000;
``(E) for fiscal year 2025, $170,000,000;
``(F) for fiscal year 2026, $175,000,000;
``(G) for fiscal year 2027, $180,000,000;
``(H) for fiscal year 2028, $185,000,000;
``(I) for fiscal year 2029, $190,000,000; and
``(J) for fiscal year 2030, $200,000,000.
``(2) Set aside for office of inspector general of transit
authority.--From the amounts in paragraph (1), the Transit
Authority shall provide at least 7 percent for each fiscal
year to the Office of Inspector General of the Transit
Authority to carry out independent and objective audits,
investigations, and reviews of Transit Authority programs and
operations to promote economy, efficiency, and effectiveness,
and to prevent and detect fraud, waste, and abuse in such
programs and operations.''; and
(3) by redesignating subsection (g) as subsection (f).
SEC. 2902. OTHER APPORTIONMENTS.
Section 5336 of title 49, United States Code, is amended--
(1) in subsection (h)--
(A) in the matter preceding paragraph (1) by striking
``section 5336(a)(2)(C)'' and inserting ``section
5336(a)(2)(B)'';
(B) by amending paragraph (1) to read as follows:
``(1) to carry out section 5307(h)--
``(A) $60,906,000 shall be set aside in fiscal year 2022;
``(B) $61,856,134 shall be set aside in fiscal year 2023;
``(C) $62,845,832 shall be set aside in fiscal year 2024;
and
``(D) $63,832,511 shall be set aside in fiscal year
2025;'';
(C) in paragraph (2) by striking ``3.07 percent'' and
inserting ``6 percent''; and
(D) by amending paragraph (3) to read as follows:
``(3) of amounts not apportioned under paragraphs (1) and
(2), 3 percent shall be apportioned to urbanized areas with
populations of less than 200,000 in accordance with
subsection (i);''; and
(2) in subsection (i) by adding at the end the following:
``(3) Census phase-out.--Before apportioning funds under
subsection (h)(3), for any urbanized area that is no longer
an eligible area due to a change in population in the most
recent decennial census, the Secretary shall apportion to
such urbanized area, for 3 fiscal years, an amount equal to
half of the funds apportioned to such urbanized area pursuant
to this subsection for the previous fiscal year.''.
Subtitle J--Streamlining
SEC. 2911. FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS.
Section 5309 of title 49, United States Code, as amended by
section 2703 of this Act, is further amended--
(1) in subsection (a)--
(A) by striking paragraph (6);
(B) by redesignating paragraph (7) as paragraph (6); and
(C) in paragraph (6), as so redesignated;
(i) in subparagraph (A) by striking ``$100,000,000'' and
inserting ``$320,000,000''; and
(ii) in subparagraph (B) by striking ``$300,000,000'' and
inserting ``$400,000,000'';
(2) in subsection (b)(2) by inserting ``expanding station
capacity,'' after ``construction of infill stations,'';
(3) in subsection (d)(1)--
(A) in subparagraph (C)(i) by striking ``2 years'' and
inserting ``3 years''; and
(B) by adding at the end the following:
``(D) Optional project development activities.--An
applicant may perform cost and schedule risk assessments with
technical assistance provided by the Secretary.
``(E) Statutory construction.--Nothing in this section
shall be construed as authorizing the Secretary to require
cost and schedule risk assessments in the project development
phase.'';
(4) in subsection (e)(1)--
(A) in subparagraph (C)(i) by striking ``2 years'' and
inserting ``3 years''; and
(B) by adding at the end the following:
``(D) Optional project development activities.--An
applicant may perform cost and schedule risk assessments with
technical assistance provided by the Secretary.
``(E) Statutory construction.--Nothing in this section
shall be construed as authorizing the Secretary to require
cost and schedule risk assessments in the project development
phase.'';
(5) in subsection (e)(2)(A)(iii)(II) by striking ``5
years'' and inserting ``10 years'';
(6) in subsection (f)--
(A) in paragraph (1) by striking ``subsection
(d)(2)(A)(v)'' and inserting ``subsection (d)(2)(A)(iv)'';
(B) in paragraph (2)--
(i) by striking ``subsection (d)(2)(A)(v)'' and inserting
``subsection (d)(2)(A)(iv)'';
(ii) in subparagraph (D) by adding ``and'' at the end;
(iii) by striking subparagraph (E); and
(iv) by redesignating subparagraph (F) as subparagraph (E);
and
(C) by adding at the end the following:
``(3) Cost-share incentives.--For a project for which a
lower CIG cost share is elected by the applicant under
subsection (l)(1)(C), the Secretary shall apply the following
requirements and considerations in lieu of paragraphs (1) and
(2):
``(A) Requirements.--In determining whether a project is
supported by local financial commitment and shows evidence of
stable and dependable financing sources for purposes of
subsection (d)(2)(A)(iv) or (e)(2)(A)(v), the Secretary shall
require that--
``(i) the proposed project plan provides for the
availability of contingency amounts that the applicant
determines to be reasonable to cover unanticipated cost
increases or funding shortfalls;
``(ii) each proposed local source of capital and operating
financing is stable, reliable, and available within the
proposed project timetable; and
``(iii) an applicant certifies that local resources are
available to recapitalize, maintain, and operate the overall
existing and proposed public transportation system, including
essential feeder bus and other services necessary to achieve
the projected ridership levels without requiring a reduction
in existing public transportation services or level of
service to operate the project.
``(B) Considerations.--In assessing the stability,
reliability, and availability of proposed sources of local
financing for purposes of subsection (d)(2)(A)(iv) or
(e)(2)(A)(v), the Secretary shall consider--
``(i) the reliability of the forecasting methods used to
estimate costs and revenues made by the recipient and the
contractors to the recipient;
``(ii) existing grant commitments;
``(iii) any debt obligation that exists, or is proposed by
the recipient, for the proposed project or other public
transportation purpose; and
``(iv) private contributions to the project, including
cost-effective project delivery, management or transfer of
project risks, expedited project schedule, financial
partnering, and other public-private partnership strategies.
(7) in subsection (g)--
(A) in paragraph (2)(A) by striking ``degree of local
financial commitment'' and inserting ``criteria in subsection
(f)'' each place it appears;
(B) in paragraph (3) by striking ``The Secretary shall''
and all that follows through the end and inserting the
following: ``The Secretary shall--
``(A) to the maximum extent practicable, develop and use
special warrants for making a project justification
determination under subsection (d)(2) or (e)(2), as
applicable, for a project proposed to be funded using a grant
under this section if--
``(i) the share of the cost of the project to be provided
under this section--
``(I) does not exceed $500,000,000 and the total project
cost does not exceed $1,000,000,000; or
``(II) complies with subsection (l)(1)(C);
``(ii) the applicant requests the use of the warrants;
``(iii) the applicant certifies that its existing public
transportation system is in a state of good repair; and
``(iv) the applicant meets any other requirements that the
Secretary considers appropriate to carry out this subsection;
and'';
(C) by striking paragraph (5) and inserting the following:
``(5) Policy guidance.--The Secretary shall issue policy
guidance on the review and evaluation process and criteria
not later than 180 days after the date of enactment of the
INVEST in America Act.'';
(D) by striking paragraph (6) and inserting the following:
``(6) Transparency.--Not later than 30 days after the
Secretary receives a written request from an applicant for
all remaining information necessary to obtain 1 or more of
the following, the Secretary shall provide such information
to the applicant:
``(A) Project advancement.
``(B) Medium or higher rating.
``(C) Warrant.
``(D) Letter of intent.
``(E) Early systems work agreement.''; and
(E) in paragraph (7) by striking ``the Federal Public
Transportation Act of 2012'' and inserting ``the INVEST in
America Act'';
(8) in subsection (h)--
(A) in paragraph (5) by inserting ``, except that for a
project for which a lower local cost share is elected under
subsection (l)(1)(C), the Secretary shall enter into a grant
agreement under this subsection for any such project that
establishes contingency amounts that the applicant determines
to be reasonable to cover unanticipated cost increases or
funding shortfalls'' before the period at the end; and
(B) in paragraph (7)(C) by striking ``10 days'' and
inserting ``3 days'';
(9) by striking subsection (i) and inserting the following:
``(i) Interrelated Projects.--
``(1) Ratings improvement.--The Secretary shall grant a
rating increase of 1 level in mobility improvements to any
project being rated under subsection (d), (e), or (h), if the
Secretary certifies that the project has a qualifying
interrelated project that meets the requirements of paragraph
(2).
``(2) Interrelated project.--A qualifying interrelated
project is a transit project that--
``(A) is adopted into the metropolitan transportation plan
required under section 5303;
``(B) has received a class of action designation under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.);
``(C) will likely increase ridership on the project being
rated in subsection (d), (e), or (h), respectively, as
determined by the Secretary; and
``(D) meets 1 of the following criteria:
``(i) Extends the corridor of the project being rated in
subsection (d), (e), or (h), respectively.
``(ii) Provides a direct passenger transfer to the project
being rated in subsection (d), (e), or (h), respectively.'';
(10) in subsection (k)--
(A) in paragraph (2)(D) by adding at the end the following:
``(v) Local funding commitment.-- For a project for which a
lower CIG cost share is elected by the applicant under
subsection (l)(1)(C), the Secretary shall enter into a full
funding grant agreement that has at least 75 percent of local
financial commitment committed and the remaining percentage
budgeted for the proposed purposes.''; and
(B) in paragraph (5) by striking ``30 days'' and inserting
``3 days'';
[[Page H2760]]
(11) in subsection (l)--
(A) in paragraph (1) by striking subparagraph (B) and
inserting the following:
``(B) Cap.--Except as provided in subparagraph (C), a grant
for a project under this section shall not exceed 80 percent
of the net capital project cost, except that a grant for a
core capacity improvement project shall not exceed 80 percent
of the net capital project cost of the incremental cost to
increase the capacity in the corridor.
``(C) Applicant election of lower local cig cost share.--An
applicant may elect a lower local CIG cost share for a
project under this section for purposes of application of the
cost-share incentives under subsection (f)(3). Such cost
share shall not exceed 60 percent of the net capital project
cost, except that for a grant for a core capacity improvement
project such cost share shall not exceed 60 percent of the
net capital project cost of the incremental cost to increase
the capacity in the corridor.'';
(B) by striking paragraph (5) and inserting the following:
``(5) Limitation on statutory construction.--Nothing in
this section shall be construed as authorizing the Secretary
to require, incentivize (in any manner not specified in this
section), or place additional conditions upon a non-Federal
financial commitment for a project that is more than 20
percent of the net capital project cost or, for a core
capacity improvement project, 20 percent of the net capital
project cost of the incremental cost to increase the capacity
in the corridor.''; and
(C) by striking paragraph (8) and inserting the following:
``(8) Contingency share.--The Secretary shall provide
funding for the contingency amount equal to the proportion of
the CIG cost share. If the Secretary increases the
contingency amount after a project has received a letter of
no prejudice or been allocated appropriated funds, the
federal share of the additional contingency amount shall be
25 percent higher than the original proportion the CIG cost
share and in addition to the grant amount set in subsection
(k)(2)(C)(ii).'';
(12) in subsection (o) by adding at the end the following:
``(4) CIG program dashboard.--Not later than the fifth day
of each month, the Secretary shall make publicly available on
a website data on, including the status of, each project
under this section that is in the project development phase,
in the engineering phase, or has received a grant agreement
and remains under construction. Such data shall include, for
each project--
``(A) the amount and fiscal year of any funding
appropriated, allocated, or obligated for the project;
``(B) the date on which the project--
``(i) entered the project development phase;
``(ii) entered the engineering phase, if applicable; and
``(iii) received a grant agreement, if applicable; and
``(C) the status of review by the Federal Transit
Administration and the Secretary, including dates of request,
dates of acceptance of request, and dates of a decision for
each of the following, if applicable:
``(i) A letter of no prejudice.
``(ii) An environmental impact statement notice of intent.
``(iii) A finding of no significant environmental impact.
``(iv) A draft environmental impact statement.
``(v) A final environmental impact statement.
``(vi) A record of decision on the final environmental
impact statement; and
``(vii) The status of the applicant in securing the non-
Federal match, based on information provided by the
applicant, including the amount committed, budgeted, planned,
and undetermined.
(13) by striking ``an acceptable degree of'' and inserting
``a'' each place it appears; and
(14) by adding at the end the following:
``(r) Publication .--
``(1) Publication.--The Secretary shall publish a record of
decision on all projects in the New Starts tranche of the
program within 2 years of receiving a project's draft
environmental impact statement or update or change to such
statement.
``(2) Failure to issue record of decision.--For each
calendar month beginning on or after the date that is 12
months after the date of enactment of the INVEST in America
Act in which the Secretary has not published a record of
decision for the final environmental impact statement on
projects in the New Starts tranche for at least 1 year, the
Secretary shall reduce the full-time equivalent employees
within the immediate office of the Secretary by 1.''.
SEC. 2912. RURAL AND SMALL URBAN APPORTIONMENT DEADLINE.
Section 5336(d) of title 49, United States Code, is
amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following:
``(2) notwithstanding paragraph (1), apportion amounts to
the States appropriated under section 5338(a)(2) to carry out
sections 5307, 5310, and 5311 not later than December 15 for
which any amounts are appropriated; and''.
SEC. 2913. DISPOSITION OF ASSETS BEYOND USEFUL LIFE.
Section 5334 of title 49, United States Code, is further
amended by adding at the end the following:
``(l) Disposition of Assets Beyond Useful Life.--
``(1) In general.--If a recipient, or subrecipient, for
assistance under this chapter disposes of an asset with a
current market value, or proceed from the sale of such asset,
acquired under this chapter at least in part with such
assistance, after such asset has reached the useful life of
such asset, the Secretary shall allow the recipient, or
subrecipient, to use the proceeds attributable to the Federal
share of such asset calculated under paragraph (3) for
capital projects under section 5307, 5310, or 5311.
``(2) Minimum value.--This subsection shall only apply to
assets with a current market value, or proceeds from sale, of
at least $5,000.
``(3) Calculation of federal share attributable.--The
proceeds attributable to the Federal share of an asset
described in paragraph (1) shall be calculated by
multiplying--
``(A) the current market value of, or the proceeds from the
disposition of, such asset; by
``(B) the Federal share percentage for the acquisition of
such asset at the time of acquisition of such asset.''.
SEC. 2914. INNOVATIVE COORDINATED ACCESS AND MOBILITY.
Section 5310 of title 49, United States Code, as amended by
section 2205, is further amended by adding at the end the
following:
``(k) Innovative Coordinated Access and Mobility.--
``(1) Start up grants.--
``(A) In general.--The Secretary may make grants under this
paragraph to eligible recipients to assist in financing
innovative projects for the transportation disadvantaged that
improve the coordination of transportation services and non-
emergency medical transportation services.
``(B) Application.--An eligible recipient shall submit to
the Secretary an application that, at a minimum, contains--
``(i) a detailed description of the eligible project;
``(ii) an identification of all eligible project partners
and the specific role of each eligible project partner in the
eligible project, including--
``(I) private entities engaged in the coordination of
nonemergency medical transportation services for the
transportation disadvantaged;
``(II) nonprofit entities engaged in the coordination of
nonemergency medical transportation services for the
transportation disadvantaged; or
``(III) Federal and State entities engaged in the
coordination of nonemergency medical transportation services
for the transportation disadvantaged; and
``(iii) a description of how the eligible project shall--
``(I) improve local coordination or access to coordinated
transportation services;
``(II) reduce duplication of service, if applicable; and
``(III) provide innovative solutions in the State or
community.
``(C) Performance measures.--An eligible recipient shall
specify, in an application for a grant under this paragraph,
the performance measures the eligible project, in
coordination with project partners, will use to quantify
actual outcomes against expected outcomes, including--
``(i) changes to transportation expenditures as a result of
improved coordination;
``(ii) changes to healthcare expenditures provided by
projects partners as a result of improved coordination; and
``(iii) changes to health care metrics, including aggregate
health outcomes provided by projects partners.
``(D) Eligible uses.--Eligible recipients receiving a grant
under this section may use such funds for--
``(i) the deployment of coordination technology;
``(ii) projects that create or increase access to community
One-Call/One-Click Centers;
``(iii) projects that coordinate transportation for 3 or
more of--
``(I) public transportation provided under this section;
``(II) a State plan approved under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.);
``(III) title XVIII of the Social Security Act (42 U.S.C.
1395 et seq.);
``(IV) Veterans Health Administration; or
``(V) private health care facilities; and
``(iv) such other projects as determined appropriate by the
Secretary.
``(E) Consultation.--In evaluating the performance metrics
described in subparagraph (C), the Secretary shall consult
with the Secretary of Health and Human Services.
``(2) Incentive grants.--
``(A) In general.--The Secretary may make grants under this
paragraph to eligible recipients to incentivize innovative
projects for the transportation disadvantaged that improve
the coordination of transportation services and non-emergency
medical transportation services.
``(B) Selection of grant recipients.--The Secretary shall
distribute grant funds made available to carry out this
paragraph as described in subparagraph (E) to eligible
recipients that apply and propose to demonstrate improvement
in the metrics described in subparagraph (F).
``(C) Eligibility.--An eligible recipient shall not be
required to have received a grant under paragraph (1) to be
eligible to receive a grant under this paragraph.
``(D) Applications.--Eligible recipients shall submit to
the Secretary an application that includes--
``(i) which metrics under subparagraph (F) the eligible
recipient intends to improve;
``(ii) the performance data eligible recipients and the
Federal, State, nonprofit, and private partners, as described
in paragraph (1)(B)(ii), of the eligible recipient will make
available; and
``(iii) a proposed incentive formula that makes payments to
the eligible recipient based on the proposed data and
metrics.
``(E) Distribution.--The Secretary shall distribute funds
made available to carry out this paragraph based upon the
number of grant applications approved by the Secretary,
number of
[[Page H2761]]
individuals served by each grant, and the incentive formulas
approved by the Secretary using the following metrics:
``(i) The reduced transportation expenditures as a result
of improved coordination.
``(ii) The reduced Federal and State healthcare
expenditures using the metrics described in subparagraph (F).
``(iii) The reduced private healthcare expenditures using
the metrics described in subparagraph (F).
``(F) Healthcare metrics.--Healthcare metrics described in
this subparagraph shall be--
``(i) reducing missed medical appointments;
``(ii) the timely discharge of patients from hospitals;
``(iii) preventing hospital admissions and reducing
readmissions of patients into hospitals; and
``(iv) other measureable healthcare metrics, as determined
appropriate by the Secretary, in consultation with the
Secretary of Health and Human Services.
``(G) Eligible expenditures.--The Secretary shall allow the
funds distributed by this grant program to be expended on
eligible activities described in paragraph (1)(D) and any
eligible activity under this section that is likely to
improve the metrics described in subparagraph (F).
``(H) Recipient cap.--The Secretary--
``(i) may not provide more than 20 grants under this
paragraph; and
``(ii) shall reduce the maximum number of grants under this
paragraph to ensure projects are fully funded, if necessary.
``(I) Consultation.--In evaluating the health care metrics
described in subparagraph (F), the Secretary shall consult
with the Secretary of Health and Human Services.
``(J) Annual grantee report.--Each grantee shall submit a
report, in coordination with the project partners of such
grantee, that includes an evaluation of the outcomes of the
grant awarded to such grantee, including the performance
measures.
``(3) Report.--The Secretary shall make publicly available
an annual report on the program carried out under this
subsection for each fiscal year, not later than December 31
of the calendar year in which that fiscal year ends. The
report shall include a detailed description of the activities
carried out under the program, and an evaluation of the
program, including an evaluation of the performance measures
used by eligible recipients in consultation with the
Secretary of Health and Human Services.
``(4) Federal share.--
``(A) In general.--The Federal share of the costs of a
project carried out under this subsection shall not exceed 80
percent.
``(B) Non-federal share.--The non-Federal share of the
costs of a project carried out under this subsection may be
derived from in-kind contributions.
``(5) Rule of construction.--For purposes of this
subsection, nonemergency medical transportation services
shall be limited to services eligible under Federal programs
other than programs authorized under this chapter.''.
SEC. 2915. PASSENGER FERRY GRANTS.
Section 5307(h) of title 49, United States Code, is amended
by adding at the end the following paragraph:
``(4) Zero-emission or reduced-emission grants.--
``(A) Definitions.--In this paragraph--
``(i) the term `eligible project' means a project or
program of projects in an area eligible for a grant under
subsection (a) for--
``(I) acquiring zero- or reduced-emission passenger
ferries;
``(II) leasing zero- or reduced-emission passenger ferries;
``(III) constructing facilities and related equipment for
zero- or reduced-emission passenger ferries;
``(IV) leasing facilities and related equipment for zero-
or reduced-emission passenger ferries;
``(V) constructing new public transportation facilities to
accommodate zero- or reduced-emission passenger ferries;
``(VI) constructing shoreside ferry charging infrastructure
for zero- or reduced-emission passenger ferries; or
``(VII) rehabilitating or improving existing public
transportation facilities to accommodate zero- or reduced-
emission passenger ferries;
``(ii) the term `zero- or reduced-emission passenger ferry'
means a passenger ferry used to provide public transportation
that reduces emissions by utilizing onboard energy storage
systems for hybrid-electric or 100 percent electric
propulsion, related charging infrastructure, and other
technologies deployed to reduce emissions or produce zero
onboard emissions under normal operation; and
``(iii) the term `recipient' means a designated recipient,
a local government authority, or a State that receives a
grant under subsection (a).
``(B) General authority.--The Secretary may make grants to
recipients to finance eligible projects under this paragraph.
``(C) Grant requirements.--A grant under this paragraph
shall be subject to the same terms and conditions as a grant
under subsection (a).
``(D) Competitive process.--The Secretary shall solicit
grant applications and make grants for eligible projects
under this paragraph on a competitive basis.
``(E) Government share of costs.--
``(i) In general.--The Federal share of the cost of an
eligible project carried out under this paragraph shall not
exceed 80 percent.
``(ii) Non-federal share.--The non-Federal share of the
cost of an eligible project carried out under this subsection
may be derived from in-kind contributions.''.
SEC. 2916. EVALUATION OF BENEFITS AND FEDERAL INVESTMENT.
Section 5309(h)(4) of title 49, United States Code, is
amended by inserting ``, the extent to which the project
improves transportation options to economically distressed
areas,'' after ``public transportation''.
TITLE III--HIGHWAY TRAFFIC SAFETY
SEC. 3001. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--The following sums are authorized to be
appropriated out of the Highway Trust Fund (other than the
Mass Transit Account):
(1) Highway safety programs.--For carrying out section 402
of title 23, United States Code--
(A) $378,400,000 for fiscal year 2022;
(B) $382,400,000 for fiscal year 2023;
(C) $386,500,000 for fiscal year 2024; and
(D) $390,400,000 for fiscal year 2025.
(2) Highway safety research and development.--For carrying
out section 403 of title 23, United States Code--
(A) $182,495,000 for fiscal year 2022;
(B) $184,795,000 for fiscal year 2023;
(C) $187,795,000 for fiscal year 2024; and
(D) $190,695,000 for fiscal year 2025.
(3) National priority safety programs.--For carrying out
section 405 of title 23, United States Code--
(A) $384,119,000 for fiscal year 2022;
(B) $393,205,000 for fiscal year 2023;
(C) $402,205,000 for fiscal year 2024; and
(D) $411,388,000 for fiscal year 2025.
(4) National driver register.--For the National Highway
Traffic Safety Administration to carry out chapter 303 of
title 49, United States Code--
(A) $5,700,000 for fiscal year 2022;
(B) $5,800,000 for fiscal year 2023;
(C) $5,900,000 for fiscal year 2024; and
(D) $6,000,000 for fiscal year 2025.
(5) High-visibility enforcement program.--For carrying out
section 404 of title 23, United States Code--
(A) $60,200,000 for fiscal year 2022;
(B) $60,600,000 for fiscal year 2023;
(C) $60,800,000 for fiscal year 2024; and
(D) $61,200,000 for fiscal year 2025.
(6) Administrative expenses.--For administrative and
related operating expenses of the National Highway Traffic
Safety Administration in carrying out chapter 4 of title 23,
United States Code--
(A) $30,586,000 for fiscal year 2022;
(B) $31,000,000 for fiscal year 2023;
(C) $31,500,000 for fiscal year 2024; and
(D) $31,917,000 for fiscal year 2025.
(b) Prohibition on Other Uses.--Except as otherwise
provided in chapter 4 of title 23, United States Code, and
chapter 303 of title 49, United States Code, the amounts made
available from the Highway Trust Fund (other than the Mass
Transit Account) for a program under such chapters--
(1) shall only be used to carry out such program; and
(2) may not be used by States or local governments for
construction purposes.
(c) Applicability of Title 23.--Except as otherwise
provided in chapter 4 of title 23, United States Code, and
chapter 303 of title 49, United States Code, amounts made
available under subsection (a) for fiscal years 2022 through
2025 shall be available for obligation in the same manner as
if such funds were apportioned under chapter 1 of title 23,
United States Code.
(d) Regulatory Authority.--Grants awarded under chapter 4
of title 23, United States Code, including any amendments
made by this title, shall be carried out in accordance with
regulations issued by the Secretary of Transportation.
(e) State Matching Requirements.--If a grant awarded under
chapter 4 of title 23, United States Code, requires a State
to share in the cost, the aggregate of all expenditures for
highway safety activities made during a fiscal year by the
State and its political subdivisions (exclusive of Federal
funds) for carrying out the grant (other than planning and
administration) shall be available for the purpose of
crediting the State during such fiscal year for the non-
Federal share of the cost of any other project carried out
under chapter 4 of title 23, United States Code (other than
planning or administration), without regard to whether such
expenditures were made in connection with such project.
(f) Grant Application and Deadline.--To receive a grant
under chapter 4 of title 23, United States Code, a State
shall submit an application, and the Secretary of
Transportation shall establish a single deadline for such
applications to enable the award of grants early in the next
fiscal year.
SEC. 3002. HIGHWAY SAFETY PROGRAMS.
Section 402 of title 23, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (2)(A)--
(i) in clause (ii) by striking ``occupant protection
devices (including the use of safety belts and child
restraint systems)'' and inserting ``seatbelts'';
(ii) in clause (vii) by striking ``; and'' and inserting a
semicolon; and
(iii) by inserting after clause (viii) the following:
``(ix) to encourage more widespread and proper use of child
safety seats (including booster seats) with an emphasis on
underserved populations;
``(x) to reduce injuries and deaths resulting from drivers
of motor vehicles not moving to another traffic lane or
reducing the speed of such driver's vehicle when law
enforcement, fire service, emergency medical services, and
other emergency vehicles are stopped or parked on or next to
a roadway with emergency lights activated; and
``(xi) to increase driver awareness of the dangers of
pediatric vehicular hyperthermia;''; and
[[Page H2762]]
(B) by adding at the end the following:
``(3) Additional considerations.--States which have
legalized medicinal or recreational marijuana shall consider
programs in addition to the programs described in paragraph
(2)(A) to educate drivers on the risks associated with
marijuana-impaired driving and to reduce injuries and deaths
resulting from individuals driving motor vehicles while
impaired by marijuana.'';
(2) in subsection (c)(4)--
(A) by striking subparagraph (C);
(B) by redesignating subparagraph (B) as subparagraph (D);
and
(C) by inserting after subparagraph (A) the following:
``(B) Special rule for school and work zones.--
Notwithstanding subparagraph (A), a State may expend funds
apportioned to that State under this section to carry out a
program to purchase, operate, or maintain an automated
traffic system in a work zone or school zone.
``(C) Automated traffic enforcement system guidelines.--Any
automated traffic enforcement system installed pursuant to
subparagraph (B) shall comply with speed enforcement camera
systems and red light camera systems guidelines established
by the Secretary.''; and
(3) in subsection (n)--
(A) by striking ``Public Transparency'' and all that
follows through ``The Secretary'' and inserting the
following: ``Public Transparency.--
``(1) In general.--The Secretary''; and
(B) by adding at the end the following:
``(2) State highway safety plan website.--
``(A) In general.--In carrying out the requirements of
paragraph (1), the Secretary shall establish a public website
that is easily accessible, navigable, and searchable for the
information required under paragraph (1), in order to foster
greater transparency in approved State highway safety
programs.
``(B) Contents.--The website established under subparagraph
(A) shall--
``(i) include each State highway safety plan and annual
report submitted and approved by the Secretary under
subsection (k);
``(ii) provide a means for the public to search such
website for State highway safety program content required in
subsection (k), including--
``(I) performance measures required by the Secretary under
paragraph (3)(A);
``(II) progress made toward meeting the State's performance
targets for the previous year;
``(III) program areas and expenditures; and
``(IV) a description of any sources of funds other than
funds provided under this section that the State proposes to
use to carry out the State highway safety plan of such
State.''.
SEC. 3003. TRAFFIC SAFETY ENFORCEMENT GRANTS.
Section 402 of title 23, United States Code, as amended by
section 3002 of this Act, is further amended by inserting
after subsection (k) the following:
``(l) Traffic Safety Enforcement Grants.--
``(1) General authority.--Subject to the requirements under
this subsection, the Secretary shall award grants to States
for the purpose of carrying out top-rated traffic safety
enforcement countermeasures to reduce traffic-related
injuries and fatalities.
``(2) Effective countermeasure defined.--In this
subsection, the term `effective countermeasure' means a
countermeasure rated 3, 4, or 5 stars in the most recent
edition of the National Highway Traffic Safety
Administration's Countermeasures That Work highway safety
guide.
``(3) Funding.--Notwithstanding the apportionment formula
set forth in section 402(c)(2), the Secretary shall set aside
$35,000,000 of the funds made available under this section
for each fiscal year to be allocated among up to 10 States.
``(4) Selection criteria.--The Secretary shall select up to
10 applicants based on the following criteria:
``(A) A preference for applicants who are geographically
diverse.
``(B) A preference for applicants with a higher average
number of traffic fatalities per vehicle mile traveled.
``(C) A preference for applicants whose activities under
subparagraphs (A) and (B) of paragraph (6) are expected to
have the greatest impact on reducing traffic-related
fatalities and injuries, as determined by the Secretary.
``(5) Eligibility.--A State may receive a grant under this
subsection in a fiscal year if the State demonstrates, to the
satisfaction of the Secretary, that the State is able to meet
the requirements in paragraph (6).
``(6) Requirements.--In order to receive funds, a State
must establish an agreement with the Secretary to--
``(A) identify areas with the highest risk of traffic
fatalities and injuries;
``(B) determine the most effective countermeasures to
implement in those areas, with priority given to
countermeasures rated above 3 stars; and
``(C) report annual data under uniform reporting
requirements established by the Secretary, including--
``(i) traffic citations, arrests, and other interventions
made by law enforcement, including such interventions that
did not result in arrest or citation;
``(ii) the increase in traffic safety enforcement activity
supported by these funds; and
``(iii) any other metrics the Secretary determines
appropriate to determine the success of the grant.
``(7) Use of funds.--
``(A) In general.--Grant funds received by a State under
this subsection may be used for--
``(i) implementing effective countermeasures determined
under paragraph (6); and
``(ii) law enforcement-related expenses, such as officer
training, overtime, technology, and equipment, if the
Secretary determines effective countermeasures have been
implemented successfully and the Secretary provides approval.
``(B) Broadcast and print media.--Up to 5 percent of grant
funds received by a State under this subsection may be used
for the development, production, and use of broadcast and
print media advertising in carrying out traffic safety law
enforcement efforts under this subsection.
``(8) Allocation.--Grant funds allocated to a State under
this subsection for a fiscal year shall be in proportion to
the State's apportionment under subsection (c)(2) for the
fiscal year.
``(9) Maintenance of effort.--No grant may be made to a
State in any fiscal year under this subsection unless the
State enters into such an agreement with the Secretary, as
the Secretary may require, to ensure that the State will
maintain its aggregate expenditures from all State and local
sources for activities carried out in accordance with this
subsection at or above the average level of expenditures in
the 2 fiscal years preceding the date of enactment of this
subsection.
``(10) Annual evaluation and report to congress.--The
Secretary shall conduct an annual evaluation of the
effectiveness of grants awarded under this subsection and
shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate an annual report on the effectiveness of the
grants.''.
SEC. 3004. HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.
Section 403 of title 23, United States Code, is amended--
(1) in subsection (b) by inserting ``, training,'' after
``demonstration projects'';
(2) in subsection (f)(1)--
(A) by striking ``$2,500,000'' and inserting
``$3,500,000''; and
(B) by striking ``subsection 402(c) in each fiscal year
ending before October 1, 2015, and $443,989 of the total
amount available for apportionment to the States for highway
safety programs under section 402(c) in the period beginning
on October 1, 2015, and ending on December 4, 2015,'' and
inserting ``section 402(c)(2) in each fiscal year''; and
(3) by striking subsection (h) and redesignating
subsections (i) and (j) as subsections (h) and (i),
respectively.
SEC. 3005. GRANT PROGRAM TO PROHIBIT RACIAL PROFILING.
Section 403 of title 23, United States Code, as amended by
section 3004 of this Act, is further amended by adding at the
end the following:
``(j) Grant Program to Prohibit Racial Profiling.--
``(1) General authority.--Subject to the requirements of
this subsection, the Secretary shall make grants to a State
that--
``(A) is maintaining and allows public inspection of
statistical information for each motor vehicle stop made by a
law enforcement officer on a Federal-aid highway in the State
regarding the race and ethnicity of the driver; or
``(B) provides assurances satisfactory to the Secretary
that the State is undertaking activities to comply with the
requirements of subparagraph (A).
``(2) Use of grant funds.--A grant received by a State
under paragraph (1) shall be used by the State for the costs
of--
``(A) collecting and maintaining data on traffic stops; and
``(B) evaluating the results of such data.
``(3) Limitations.--
``(A) Maximum amount of grants.--The total amount of grants
made to a State under this section in a fiscal year may not
exceed 5 percent of the amount made available to carry out
this section in the fiscal year.
``(B) Eligibility.--On or after October 1, 2022, a State
may not receive a grant under paragraph (1)(B) in more than 2
fiscal years.
``(4) Funding.--
``(A) In general.--From funds made available under this
section, the Secretary shall set aside $7,500,000 for each
fiscal year to carry out this subsection.
``(B) Other uses.--The Secretary may reallocate, before the
last day of any fiscal year, amounts remaining available
under subparagraph (A) to increase the amounts made available
to carry out any other activities authorized under this
section in order to ensure, to the maximum extent possible,
that all such amounts are obligated during such fiscal
year.''.
SEC. 3006. HIGH-VISIBILITY ENFORCEMENT PROGRAM.
Section 404 of title 23, United States Code, is amended--
(1) in subsection (a) by striking ``3 campaigns will be
carried out in each of fiscal years 2016 through 2020'' and
inserting ``6 campaigns will be carried out in each of fiscal
years 2022 through 2025'';
(2) in subsection (b)--
(A) in paragraph (1) by striking ``or drug-impaired'';
(B) in paragraph (2) by striking ``Increase use of
seatbelts'' and inserting ``Increase proper use of seatbelts
and child restraints'';
(C) by redesignating paragraph (2) as paragraph (3);
(D) by inserting after paragraph (1) the following:
``(2) Reduce drug-impaired operation of motor vehicles.'';
and
(E) by adding at the end the following:
``(4) Reduce texting through a personal wireless
communications device by drivers while operating a motor
vehicle.
``(5) Reduce violations of move over laws of a State that
require motorists to change lanes or slow down when law
enforcement, fire service, emergency medical services and
other emergency vehicles are stopped or parked on or next to
a roadway with emergency lights activated.'';
(3) by redesignating subsections (e) and (f) as subsections
(g) and (h), respectively;
[[Page H2763]]
(4) by inserting after subsection (d) the following:
``(e) Frequency.--Each campaign administered under this
section shall occur not less than once in each of fiscal
years 2022 through 2025 with the exception of campaigns to
reduce alcohol-impaired operation of motor vehicles which
shall occur not less than twice in each of fiscal years 2022
through 2025.
``(f) Coordination of Dynamic Highway Message Signs.--
During the time a State is carrying out a campaign, the
Secretary shall coordinate with States carrying out the
campaigns under this section on the use of dynamic highway
message signs to support national high-visibility advertising
and education efforts associated with the campaigns.''; and
(5) in subsection (g), as so redesignated--
(A) by redesignating paragraph (2) as paragraph (3);
(B) by inserting after paragraph (1) the following:
``(2) Dynamic highway message sign.--The term `dynamic
highway message sign' means a traffic control device that is
capable of displaying one or more alternative messages which
convey information to occupants of motor vehicles.''; and
(C) by adding at the end the following:
``(4) Texting.--The term `texting' has the meaning given
such term in section 405(e).''.
SEC. 3007. NATIONAL PRIORITY SAFETY PROGRAMS.
(a) In General.--Section 405 of title 23, United States
Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1) by striking ``13 percent'' and
inserting ``12.85 percent'';
(B) in paragraph (2) by striking ``14.5 percent'' and
inserting ``14.3 percent'';
(C) in paragraph (3) by striking ``52.5 percent'' and
inserting ``51.75 percent'';
(D) in paragraph (4) by striking ``8.5 percent'' and
inserting ``8.3 percent'';
(E) in paragraph (6) by striking ``5 percent'' and
inserting ``4.9 percent'';
(F) in paragraph (7) by striking ``5 percent'' and
inserting ``4.9 percent'';
(G) in paragraph (8)--
(i) by striking ``paragraphs (1) through (7)'' and
inserting ``paragraphs (1) through (8)'';
(ii) by striking ``subsection (b) through (h)'' and
inserting ``subsections (b) through (i)''; and
(iii) by inserting ``to carry out any of the other
activities described in such subsections, or the amount made
available'' before ``under section 402(c)(2)'';
(H) in paragraph (9)(A) by striking ``date of enactment of
the FAST Act'' and inserting ``date of enactment of the
INVEST in America Act'';
(I) by redesignating paragraphs (8) and (9) as paragraphs
(9) and (10), respectively; and
(J) by inserting after paragraph (7) the following:
``(8) Driver and officer safety education.--In each fiscal
year, 1.5 percent of the funds provided under this section
shall be allocated among States that meet the requirements
with respect to driver and officer safety education (as
described in subsection (i)).'';
(2) in subsection (c)(3)(E) by striking ``5'' and inserting
``10'';
(3) in subsection (b)(4)--
(A) in subparagraph (A) by striking clause (v) and
inserting the following:
``(v) implement programs in low-income and underserved
populations to--
``(I) recruit and train occupant protection safety
professionals, nationally certified child passenger safety
technicians, police officers, fire and emergency medical
personnel, and educators serving low-income and underserved
populations;
``(II) educate parents and caregivers in low-income and
underserved populations about the proper use and installation
of child safety seats; and
``(III) purchase and distribute child safety seats to low-
income and underserved populations; and''; and
(B) in subparagraph (B)--
(i) by striking ``100 percent'' and inserting ``90
percent''; and
(ii) by adding at the end the following: ``The remaining 10
percent of such funds shall be used to carry out subsection
(A)(v).'';
(4) by striking subsection (c)(4) and inserting the
following:
``(4) Use of grant amounts.--Grant funds received by a
State under this subsection shall be used for--
``(A) making data program improvements to core highway
safety databases related to quantifiable, measurable progress
in any of the 6 significant data program attributes set forth
in paragraph (3)(D);
``(B) developing or acquiring programs to identify,
collect, and report data to State and local government
agencies, and enter data, including crash, citation and
adjudication, driver, emergency medical services or injury
surveillance system, roadway, and vehicle, into the core
highway safety databases of a State;
``(C) purchasing equipment to improve processes by which
data is identified, collected, and reported to State and
local government agencies;
``(D) linking core highway safety databases of a State with
such databases of other States or with other data systems
within the State, including systems that contain medical,
roadway, and economic data;
``(E) improving the compatibility and interoperability of
the core highway safety databases of the State with national
data systems and data systems of other States;
``(F) enhancing the ability of a State and the Secretary to
observe and analyze local, State, and national trends in
crash occurrences, rates, outcomes, and circumstances;
``(G) supporting traffic records-related training and
related expenditures for law enforcement, emergency medical,
judicial, prosecutorial, and traffic records professionals;
``(H) hiring traffic records professionals, including a
Fatality Analysis Reporting System liaison for a State; and
``(I) conducting research on State traffic safety
information systems, including developing and evaluating
programs to improve core highway safety databases of such
State and processes by which data is identified, collected,
reported to State and local government agencies, and entered
into such core safety databases.'';
(5) by striking subsection (d)(6)(A) and inserting the
following:
``(A) Grants to states with alcohol-ignition interlock
laws.--The Secretary shall make a separate grant under this
subsection to each State that--
``(i) adopts and is enforcing a mandatory alcohol-ignition
interlock law for all individuals arrested or convicted of
driving under the influence of alcohol or of driving while
intoxicated;
``(ii) does not allow any individual arrested or convicted
of driving under the influence of alcohol or driving while
intoxicated to drive a motor vehicle unless such individual
installs an ignition interlock for a minimum 6-month
interlock period; or
``(iii) has--
``(I) enacted and is enforcing a state law requiring all
individuals convicted of, or whose driving privilege is
revoked or denied for, refusing to submit to a chemical or
other test for the purpose of determining the presence or
concentration of any intoxicating substance to install an
ignition interlock for a minimum 6-month interlock period;
and
``(II) a compliance-based removal program in which an
individual arrested or convicted of driving under the
influence of alcohol or driving while intoxicated shall
install an ignition interlock for a minimum 6-month interlock
period and have completed a minimum consecutive period of not
less than 40 percent of the required interlock period
immediately preceding the date of release, without a
confirmed violation of driving under the influence of alcohol
or driving while intoxicated.'';
(6) in subsection (e)--
(A) in paragraph (1) by striking ``paragraphs (2) and (3)''
and inserting ``paragraph (2)'';
(B) in paragraph (4)--
(i) by striking ``paragraph (2) or (3)'' and inserting
``paragraph (3) or (4)'';
(ii) in subparagraph (A) by striking ``communications
device to contact emergency services'' and inserting
``communications device during an emergency to contact
emergency services or to prevent injury to persons or
property'';
(iii) in subparagraph (C) by striking ``; and'' and
inserting a semicolon;
(iv) by redesignating subparagraph (D) as subparagraph (E);
and
(v) by inserting after subparagraph (C) the following:
``(D) a driver who uses a personal wireless communication
device for navigation; and'';
(C) in paragraph (5)(A)(i) by striking ``texting or using a
cell phone while'' and inserting ``distracted'';
(D) in paragraph (7) by striking ``Of the amounts'' and
inserting ``In addition to the amounts authorized under
section 404 and of the amounts'';
(E) in paragraph (9)--
(i) by striking subparagraph (B) and inserting the
following:
``(B) Personal wireless communications device.--The term
`personal wireless communications device' means--
``(i) until the date on which the Secretary issues a
regulation pursuant to paragraph (8)(A), a device through
which personal services (as such term is defined in section
332(c)(7)(C)(i) of the Communications Act of 1934 (47 U.S.C.
332(c)(7)(C)(i)) are transmitted, but not including the use
of such a device as a global navigation system receiver used
for positioning, emergency notification, or navigation
purposes; and
``(ii) on and after the date on which the Secretary issues
a regulation pursuant to paragraph (8)(A), the definition
described in such regulation.''; and
(ii) by striking subparagraph (E) and inserting the
following:
``(E) Texting.--The term `texting' means--
``(i) until the date on which the Secretary issues a
regulation pursuant to paragraph (8)(A), reading from or
manually entering data into a personal wireless
communications device, including doing so for the purpose of
SMS texting, emailing, instant messaging, or engaging in any
other form of electronic data retrieval or electronic data
communication; and
``(ii) on and after the date on which the Secretary issues
a regulation pursuant to paragraph (8)(A), the definition
described in such regulation.'';
(F) by striking paragraphs (2), (3), (6), and (8);
(G) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), respectively;
(H) by inserting after paragraph (1) the following:
``(2) Allocation.--
``(A) In general.--Subject to subparagraphs (B) and (C),
the allocation of grant funds to a State under this
subsection for a fiscal year shall be in proportion to the
State's apportionment under section 402 for fiscal year 2009.
``(B) Primary offense laws.--A State that has enacted and
is enforcing a law that meets the requirements set forth in
paragraphs (3) and (4) as a primary offense shall be
allocated 100 percent of the amount calculated under
subparagraph (A).
``(C) Secondary offense laws.--A State that has enacted and
is enforcing a law that meets the requirements set forth in
paragraphs (3) and (4) as a secondary offense shall be
allocated 50 percent of the amount calculated under
subparagraph (A).
[[Page H2764]]
``(3) Prohibition on handheld personal wireless
communication device use while driving.--A State law meets
the requirements set forth in this paragraph if the law--
``(A) prohibits a driver from holding or using, including
texting, a personal wireless communications device while
driving, except for the use of a personal wireless
communications device--
``(i) in a hands-free manner or with a hands-free
accessory, or
``(ii) to activate or deactivate a feature or function of
the personal wireless communications device;
``(B) establishes a fine for a violation of the law; and
``(C) does not provide for an exemption that specifically
allows a driver to hold or use a personal wireless
communication device while stopped in traffic.
``(4) Prohibition on personal wireless communication device
use while driving or stopped in traffic.--A State law meets
the requirements set forth in this paragraph if the law--
``(A) prohibits a driver from holding or using a personal
wireless communications device while driving if the driver
is--
``(i) younger than 18 years of age; or
``(ii) in the learner's permit or intermediate license
stage described in subparagraph (A) or (B) of subsection
(g)(2);
``(B) establishes a fine for a violation of the law; and
``(C) does not provide for an exemption that specifically
allows a driver to use a personal wireless communication
device while stopped in traffic.''; and
(I) by inserting after paragraph (7) the following:
``(8) Rulemaking.--Not later than 1 year after the date of
enactment of this paragraph, the Secretary shall issue such
regulations as are necessary to account for diverse State
approaches to combating distracted driving that--
``(A) defines the terms personal wireless communications
device and texting for the purposes of this subsection; and
``(B) determines additional permitted exceptions that are
appropriate for a State law that meets the requirements under
paragraph (3) or (4).'';
(7) in subsection (g)--
(A) in paragraph (1) by inserting ``subparagraphs (A) and
(B) of'' before ``paragraph (2)'';
(B) by striking paragraph (2) and inserting the following:
``(2) Minimum requirements.--
``(A) Tier 1 state.--A State shall be eligible for a grant
under this subsection as a Tier 1 State if such State
requires novice drivers younger than 18 years of age to
comply with a 2-stage graduated driver licensing process
before receiving an unrestricted driver's license that
includes--
``(i) a learner's permit stage that--
``(I) is at least 180 days in duration;
``(II) requires that the driver be accompanied and
supervised at all times; and
``(III) has a requirement that the driver obtain at least
40 hours of behind-the-wheel training with a supervisor; and
``(ii) an intermediate stage that--
``(I) commences immediately after the expiration of the
learner's permit stage;
``(II) is at least 180 days in duration; and
``(III) for the first 180 days of the intermediate stage,
restricts the driver from--
``(aa) driving at night between the hours of 11:00 p.m. and
at least 4:00 a.m. except--
``(AA) when a parent, guardian, driving instructor, or
licensed driver who is at least 21 years of age is in the
motor vehicle; and
``(BB) when driving to and from work, school and school-
related activities, religious activities, for emergencies, or
as a member of voluntary emergency service; and
``(bb) operating a motor vehicle with more than 1
nonfamilial passenger younger than 18 years of age, except
when a parent, guardian, driving instructor, or licensed
driver who is at least 21 years of age is in the motor
vehicle.
``(B) Tier 2 state.--A State shall be eligible for a grant
under this subsection as a Tier 2 State if such State
requires novice drivers younger than 18 years of age to
comply with a 2-stage graduated driver licensing process
before receiving an unrestricted driver's license that
includes--
``(i) a learner's permit stage that--
``(I) is at least 180 days in duration;
``(II) requires that the driver be accompanied and
supervised at all times; and
``(III) has a requirement that the driver obtain at least
50 hours of behind-the-wheel training, with at least 10 hours
at night, with a supervisor; and
``(ii) an intermediate stage that--
``(I) commences immediately after the expiration of the
learner's permit stage;
``(II) is at least 180 days in duration; and
``(III) for the first 180 days of the intermediate stage,
restricts the driver from--
``(aa) driving at night between the hours of 10:00 p.m. and
at least 4:00 a.m. except--
``(AA) when a parent, guardian, driving instructor, or
licensed driver who is at least 21 years of age is in the
motor vehicle; and
``(BB) when driving to and from work, school and school-
related activities, religious activities, for emergencies, or
as a member of voluntary emergency service; and
``(bb) operating a motor vehicle with any nonfamilial
passenger younger than 18 years of age, except when a parent,
guardian, driving instructor, or licensed driver who is at
least 21 years of age is in the motor vehicle.'';
(C) in paragraph (3)--
(i) in subparagraph (A) by inserting ``subparagraphs (A)
and (B) of'' before ``paragraph (2)''; and
(ii) in subparagraph (B) by inserting ``subparagraphs (A)
and (B) of'' before ``paragraph (2)'' each place such term
appears;
(D) in paragraph (4) by striking ``such fiscal year'' and
inserting ``fiscal year 2009''; and
(E) by striking paragraph (5) and inserting the following:
``(5) Use of funds.--
``(A) Tier 1 states.--A Tier 1 State shall use grant funds
provided under this subsection for--
``(i) enforcing a 2-stage licensing process that complies
with paragraph (2);
``(ii) training for law enforcement personnel and other
relevant State agency personnel relating to the enforcement
described in clause (i);
``(iii) publishing relevant educational materials that
pertain directly or indirectly to the State graduated driver
licensing law;
``(iv) carrying out other administrative activities that
the Secretary considers relevant to the State's 2-stage
licensing process; or
``(v) carrying out a teen traffic safety program described
in section 402(m).
``(B) Tier 2 states .--Of the grant funds made available to
a Tier 2 State under this subsection--
``(i) 25 percent shall be used for any activity described
in subparagraph (A); and
``(ii) 75 percent may be used for any project or activity
eligible under section 402.''; and
(8) by adding at the end the following:
``(i) Driver and Officer Safety Education.--
``(1) General authority.--Subject to the requirements under
this subsection, the Secretary shall award grants to--
``(A) States that enact a commuter safety education
program; and
``(B) States qualifying under paragraph (5)(A).
``(2) Federal share.--The Federal share of the costs of
activities carried out using amounts from a grant awarded
under this subsection may not exceed 80 percent.
``(3) Eligibility.--To be eligible for a grant under this
subsection, a State shall enact a law or adopt a program that
requires the following:
``(A) Driver education and driving safety courses.--
Inclusion, in driver education and driver safety courses
provided to individuals by educational and motor vehicle
agencies of the State, of instruction and testing concerning
law enforcement practices during traffic stops, including
information on--
``(i) the role of law enforcement and the duties and
responsibilities of peace officers;
``(ii) an individual's legal rights concerning interactions
with peace officers;
``(iii) best practices for civilians and peace officers
during such interactions;
``(iv) the consequences for an individual's or officer's
failure to comply with those laws and programs; and
``(v) how and where to file a complaint against or a
compliment on behalf of a peace officer.
``(B) Peace officer training programs.--Development and
implementation of a training program, including instruction
and testing materials, for peace officers and reserve law
enforcement officers (other than officers who have received
training in a civilian course described in subparagraph (A))
with respect to proper interaction with civilians during
traffic stops.
``(4) Grant amount.--The allocation of grant funds to a
State under this subsection for a fiscal year shall be in
proportion to the State's apportionment under section 402 for
fiscal year 2009.
``(5) Special rule for certain states.--
``(A) Qualifying state.--A State qualifies pursuant to this
subparagraph if--
``(i) the Secretary determines such State has taken
meaningful steps toward the full implementation of a law or
program described in paragraph (3);
``(ii) the Secretary determines such State has established
a timetable for the implementation of such a law or program;
and
``(iii) such State has received a grant pursuant to this
subsection for a period of not more than 5 years.
``(B) Withholding.--With respect to a State that qualifies
pursuant to subparagraph (A), the Secretary shall--
``(i) withhold 50 percent of the amount that such State
would otherwise receive if such State were a State described
in paragraph (1)(A); and
``(ii) direct any such amounts for distribution among the
States that are enforcing and carrying out a law or program
described in paragraph (3).
``(6) Use of grant amounts.--A State receiving a grant
under this subsection may use such grant--
``(A) for the production of educational materials and
training of staff for driver education and driving safety
courses and peace officer training described in paragraph
(3); and
``(B) for the implementation of the law described in
paragraph (3).''.
(b) Conforming Amendment.--Sections 402, 403, and 405 of
title 23, United States Code, are amended--
(1) by striking ``accidents'' and inserting ``crashes''
each place it appears; and
(2) by striking ``accident'' and inserting ``crash'' each
place it appears.
SEC. 3008. MINIMUM PENALTIES FOR REPEAT OFFENDERS FOR DRIVING
WHILE INTOXICATED OR DRIVING UNDER THE
INFLUENCE.
Section 164(b)(1) of title 23, United States Code, is
amended--
(1) in subparagraph (A) by striking ``alcohol-impaired''
and inserting ``alcohol or polysubstance-impaired''; and
(2) in subparagraph (B)--
(A) by striking ``alcohol-impaired'' and inserting
``alcohol or polysubstance-impaired'';
(B) by striking ``or'' and inserting a comma; and
(C) by inserting ``, or driving while polysubstance-
impaired'' after ``driving under the influence''.
[[Page H2765]]
SEC. 3009. NATIONAL PRIORITY SAFETY PROGRAM GRANT
ELIGIBILITY.
Section 4010(2) of the FAST Act (23 U.S.C. 405 note) is
amended by striking ``deficiencies'' and inserting ``all
deficiencies''.
SEC. 3010. IMPLICIT BIAS RESEARCH AND TRAINING GRANTS.
(a) In General.--The Secretary of Transportation shall make
grants to institutions of higher education (as such term is
defined in section 101 of the Higher Education Act of 1965
(20 U.S.C. 1001) for research and training in the operation
or establishment of an implicit bias training program as it
relates to racial profiling at traffic stops.
(b) Qualifications.--To be eligible for a grant under this
section, an institution of higher education shall--
(1) have an active research program or demonstrate, to the
satisfaction of the Secretary, that the applicant is
beginning a research program to study implicit bias as it
relates to racial profiling before and during traffic stops;
and
(2) partner with State and local police departments to
conduct the research described in paragraph (1) and carry out
the implementation of implicit bias training with State and
local police departments.
(c) Report.--No later than 1 year after a grant has been
awarded under this section, the institution of higher
education awarded the grant shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report summarizing the
research on implicit bias as it relates to racial profiling
before and during traffic stops, and recommendations on
effective interventions and trainings.
(d) Authorization of Appropriations.--There are authorized
to be appropriated $10,000,000 for each fiscal year to carry
out this section.
(e) Definitions.--In this section, the term ``implicit bias
training program'' means a program that looks at the
attitudes, stereotypes, and lenses human beings develop
through various experiences in life that can unconsciously
affect how they interact with one another.
SEC. 3011. STOP MOTORCYCLE CHECKPOINT FUNDING.
Section 4007 of the FAST Act (23 U.S.C. 153 note) is
amended--
(1) in paragraph (1) by striking ``or'' at the end;
(2) in paragraph (2) by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(3) otherwise profile and stop motorcycle operators or
motorcycle passengers using as a factor the clothing or mode
of transportation of such operators or passengers.''.
SEC. 3012. ELECTRONIC DRIVER'S LICENSE.
(a) REAL ID Act.--Section 202(a)(1) of the REAL ID Act of
2005 (49 U.S.C. 30301 note) is amended by striking ``a
driver's license or identification card'' and inserting ``a
physical or digital driver's license or identification
card''.
(b) Title 18.--Section 1028(d)(7)(A) of title 18, United
States Code, is amended by striking ``government issued
driver's license'' and inserting ``government issued physical
or digital driver's license''.
SEC. 3013. MOTORCYCLIST ADVISORY COUNCIL.
(a) Short Title.--This section may be cited as the
``Motorcyclist Advisory Council Reauthorization Act''.
(b) Establishment.--Not later than 90 days after the date
of enactment of this Act, the Secretary of Transportation
shall establish a Motorcyclist Advisory Council (in this
section referred to as the ``Council'').
(c) Duties.--
(1) Advising.--The Council shall advise the Secretary, the
Administrator of the National Highway Traffic Safety
Administration, and the Administrator of the Federal Highway
Administration on transportation issues of concern to
motorcyclists, including--
(A) barrier design;
(B) road design, construction, and maintenance practices;
and
(C) the architecture and implementation of intelligent
transportation system technologies.
(2) Biennial council report.--
(A) In general.--The Council shall submit a report to the
Secretary containing the Council's recommendations regarding
the issues described in paragraph (1) on which the Council
provides advice pursuant to such paragraph.
(B) Timing.--Not later than October 31 of the calendar year
following the calendar year in which the Council is
established, and by every 2nd October 31 thereafter, the
Council shall submit the report required under this
paragraph.
(d) Membership.--
(1) In general.--The Council shall be comprised of 12
members appointed by the Secretary as follows:
(A) Five experts from State or local government on highway
engineering issues, including--
(i) barrier design;
(ii) road design, construction, and maintenance; or
(iii) intelligent transportation systems.
(B) One State or local traffic and safety engineer, design
engineer, or other transportation department official who is
a motorcyclist.
(C) One representative from a national association of State
transportation officials.
(D) One representative from a national motorcyclist
association.
(E) One representative from a national motorcyclist
foundation.
(F) One representative from a national motorcycle
manufacturing association.
(G) One roadway safety data expert on crash testing and
analysis.
(H) One member of a national safety organization that
represents the traffic safety systems industry.
(2) Duration.--
(A) Term.--Subject to subparagraphs (B) and (C), each
member shall serve one term of 2 years.
(B) Additional terms.--If a successor is not designated for
a member before the expiration of the term the member is
serving, the member may serve another term.
(C) Appointment of replacements.--If a member resigns
before serving a full 2-year term, the Secretary may appoint
a replacement for such member to serve the remaining portion
such term. A member may continue to serve after resignation
until a successor has been appointed. A vacancy in the
Council shall be filled in the manner in which the original
appointment was made.
(3) Compensation.--Members shall serve without
compensation.
(e) Termination.--The Council shall terminate 6 years after
the date of its establishment.
(f) Duties of the Secretary.--
(1) Accept or reject recommendation.--
(A) Secretary determines.--The Secretary shall determine
whether to accept or reject a recommendation contained in a
Council report.
(B) Timing.--
(i) Must accept or reject.--The Secretary must indicate in
each report submitted under this section the Secretary's
acceptance or rejection of each recommendation listed in such
report.
(ii) Exception.--The Secretary may indicate in a report
submitted under this section that a recommendation is under
consideration. If the Secretary does so, the Secretary must
accept or reject the recommendation in the next report
submitted under this section.
(2) Report.--
(A) In general.--Not later than 60 days after the Secretary
receives a Council report, the Secretary shall submit a
report to the following committees and subcommittees:
(i) The Committee on Transportation and Infrastructure of
the House of Representatives.
(ii) The Committee on Environment and Public Works of the
Senate.
(iii) The Committee on Commerce, Science, and
Transportation of the Senate.
(iv) The Subcommittee on Transportation, and Housing and
Urban Development, and Related Agencies of the Committee on
Appropriations of the House of Representatives.
(v) The Subcommittee on Transportation, and Housing and
Urban Development, and Related Agencies of the Committee on
Appropriations of the Senate.
(B) Contents.--A report submitted under this subsection
shall include--
(i) a list containing--
(I) each recommendation contained in the Council report
described in paragraph (1); and
(II) each recommendation indicated as under consideration
in the previous report submitted under this subsection; and
(ii) for each such recommendation, whether it is accepted,
rejected, or under consideration by the Secretary.
(3) Administrative and technical support.--The Secretary
shall provide such administrative support, staff, and
technical assistance to the Council as the Secretary
determines to be necessary for the Council to carry out its
duties.
(g) Definitions.--In this section:
(1) Council report.--The term ``Council report'' means the
report described in subsection (f)(2).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
SEC. 3014. REPORT ON MARIJUANA RESEARCH.
(a) In General.--Not later than 2 years after the date of
enactment of this Act, the Secretary of Transportation, in
consultation with the Attorney General and the Secretary of
Health and Human Services, shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate, and make publicly available on
the Department of Transportation website, a report and
recommendations on--
(1) increasing and improving access, for scientific
researchers studying impairment while driving under the
influence of marijuana, to samples and strains of marijuana
and products containing marijuana lawfully being offered to
patients or consumers in a State on a retail basis;
(2) establishing a national clearinghouse to collect and
distribute samples and strains of marijuana for scientific
research that includes marijuana and products containing
marijuana lawfully available to patients or consumers in a
State on a retail basis;
(3) facilitating access, for scientific researchers located
in States that have not legalized marijuana for medical or
recreational use, to samples and strains of marijuana and
products containing marijuana from such clearinghouse for
purposes of research on marijuana-impaired driving; and
(4) identifying Federal statutory and regulatory barriers
to the conduct of scientific research and the establishment
of a national clearinghouse for purposes of facilitating
research on marijuana-impaired driving.
(b) Definition of Marijuana.--In this section, the term
``marijuana'' has the meaning given such term in section 4008
of the FAST Act (Public Law 114-94).
TITLE IV--MOTOR CARRIER SAFETY
Subtitle A--Motor Carrier Safety Grants, Operations, and Programs
SEC. 4101. MOTOR CARRIER SAFETY GRANTS.
(a) In General.--Section 31104 of title 49, United States
Code, is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Financial Assistance Programs.--The following sums
are authorized to be appropriated from the Highway Trust Fund
(other than the Mass Transit Account):
[[Page H2766]]
``(1) Motor carrier safety assistance program.--Subject to
paragraph (2) and subsection (c), to carry out section 31102
(except subsection (l))--
``(A) $388,950,000 for fiscal year 2022;
``(B) $398,700,000 for fiscal year 2023;
``(C) $408,900,000 for fiscal year 2024; and
``(D) $418,425,000 for fiscal year 2025.
``(2) High-priority activities program.--Subject to
subsection (c), to carry out section 31102(l)--
``(A) $72,604,000 for fiscal year 2022;
``(B) $74,424,000 for fiscal year 2023;
``(C) $76,328,000 for fiscal year 2024; and
``(D) $78,106,000 for fiscal year 2025.
``(3) Commercial motor vehicle operators grant program.--To
carry out section 31103--
``(A) $1,037,200 for fiscal year 2022;
``(B) $1,063,200 for fiscal year 2023;
``(C) $1,090,400 for fiscal year 2024; and
``(D) $1,115,800 for fiscal year 2025.
``(4) Commercial driver's license program implementation
program.--Subject to subsection (c), to carry out section
31313--
``(A) $56,008,800 for fiscal year 2022;
``(B) $57,412,800 for fiscal year 2023;
``(C) $58,881,600 for fiscal year 2024; and
``(D) $60,253,200 for fiscal year 2025.'';
(2) by striking subsection (c) and inserting the following:
``(c) Partner Training and Program Support.--
``(1) In general.--On October 1 of each fiscal year, or as
soon after that date as practicable, the Secretary may deduct
from amounts made available under paragraphs (1), (2), and
(4) of subsection (a) for that fiscal year not more than 1.50
percent of those amounts for partner training and program
support in that fiscal year.
``(2) Use of funds.--The Secretary shall use at least 75
percent of the amounts deducted under paragraph (1) on
training and related training materials for non-Federal
Government employees.
``(3) Partnership.--The Secretary shall carry out the
training and development of materials pursuant to paragraph
(2) in partnership with one or more nonprofit organizations,
selected on a competitive basis, that have--
``(A) expertise in conducting a training program for non-
Federal Government employees; and
``(B) a demonstrated ability to involve in a training
program the target population of commercial motor vehicle
safety enforcement employees.'';
(3) in subsection (f)--
(A) in paragraph (1) by striking ``the next fiscal year''
and inserting ``the following 2 fiscal years'';
(B) in paragraph (2)--
(i) by striking ``section 31102(l)(2)'' and inserting
``paragraphs (2) and (4) of section 31102(l)'';
(ii) by striking ``the next 2 fiscal years'' and inserting
``the following 3 fiscal years''; and
(C) in paragraph (3) by striking ``the next 4 fiscal
years'' and inserting ``the following 5 fiscal years''; and
(4) by adding at the end the following:
``(j) Treatment of Reallocations.--Amounts that are
obligated and subsequently, after the date of enactment of
this subsection, released back to the Secretary under
subsection (i) shall not be subject to limitations on
obligations provided under any other provision of law.''.
(b) Commercial Driver's License Program Implementation
Financial Assistance Program.--Section 31313(b) of title 49,
United States Code, is amended--
(1) by striking the period at the end and inserting ``;
and''
(2) by striking ``A recipient'' and inserting the
following: ``In participating in financial assistance program
under this section
``(1) a recipient''; and
(3) by adding at the end the following:
``(2) a State may not receive more than $250,000 in grants
under subsection (a)(2) in any fiscal year--
``(A) in which the State prohibits private commercial
driving schools or independent commercial driver's license
testing facilities from offering a commercial driver's
license skills test as a third-party tester; or
``(B) in which a State fails to report to the Administrator
of the Federal Motor Carrier Safety Administration, during
the previous fiscal year, the average number of days of
delays for an initial commercial driver's license skills test
or retest within the State.''.
SEC. 4102. MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS.
(a) In General.--Section 31110 of title 49, United States
Code, is amended by striking subsection (a) and inserting the
following:
``(a) Administrative Expenses.--There is 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) $380,500,000 for fiscal year 2022;
``(2) $381,500,000 for fiscal year 2023;
``(3) $382,500,000 for fiscal year 2024; and
``(4) $384,500,000 for fiscal year 2025.''.
(b) Administrative Expenses.--
(1) Use of funds.--The Administrator of the Federal Motor
Carrier Safety Administration shall use funds made available
in subsection (a) for--
(A) acceleration of planned investments to modernize the
Administration's information technology and information
management systems;
(B) completing outstanding mandates;
(C) carrying out a Large Truck Crash Causal Factors Study
of the Administration;
(D) construction and maintenance of border facilities; and
(E) other activities authorized under section 31110(b) of
title 49, United States Code.
(2) Definition of outstanding mandate.--In this subsection,
the term ``outstanding mandate'' means a requirement for the
Federal Motor Carrier Safety Administration to issue
regulations, undertake a comprehensive review or study,
conduct a safety assessment, or collect data--
(A) under this Act;
(B) under MAP-21 (Public Law 112-141), that has not been
published in the Federal Register, if required, or otherwise
completed as of the date of enactment of this Act;
(C) under the FAST Act (Public Law 114-94), that has not
been published in the Federal Register, if required, or
otherwise completed as of the date of enactment of this Act;
and
(D) under any other Act enacted before the date of
enactment of this Act that has not been published in the
Federal Register by the date required in such Act.
SEC. 4103. IMMOBILIZATION GRANT PROGRAM.
Section 31102(l) of title 49, United States Code, is
amended--
(1) in paragraph (1) by striking ``and (3)'' and inserting
``, (3), and (4)''; and
(2) by adding at the end the following:
``(4) Immobilization grant program.--
``(A) In general.--The Secretary shall establish an
immobilization grant program to make discretionary grants to
States for the immobilization or impoundment of passenger-
carrying commercial motor vehicles if such vehicles are found
to be unsafe or fail inspection.
``(B) 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.
``(C) Eligibility.--A State is only eligible to receive a
grant under this paragraph if such State has the authority to
require the immobilization or impoundment of a passenger-
carrying commercial motor vehicle if such vehicle is found to
have a violation or defect included in the list developed
under subparagraph (B).
``(D) Use of funds.-- Grant funds provided under this
paragraph may be used for--
``(i) the immobilization or impoundment of passenger-
carrying commercial motor vehicles found to have a violation
or defect included in the list developed under subparagraph
(B);
``(ii) safety inspections of such vehicles; and
``(iii) other activities related to the activities
described in clauses (i) and (ii), as determined by the
Secretary.
``(E) Secretary authorization.--The Secretary is authorized
to award a State funding for the costs associated with
carrying out an immobilization program with funds made
available under section 31104(a)(2).
``(F) 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.''.
Subtitle B--Motor Carrier Safety Oversight
SEC. 4201. MOTOR CARRIER SAFETY ADVISORY COMMITTEE.
Section 4144 of SAFETEA-LU (49 U.S.C. 31100 note) is
amended--
(1) in subsection (b)(1) 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. 4202. COMPLIANCE, SAFETY, ACCOUNTABILITY.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation shall
implement a revised methodology to be used in the Compliance,
Safety, Accountability program of the Federal Motor Carrier
Safety Administration to identify and prioritize motor
carriers for intervention, using the recommendations of the
study required by section 5221(a) of the FAST Act (49 U.S.C.
31100 note).
(b) Data Availability.--The Secretary shall, in working
toward implementation of the revised methodology described in
subsection (a) prioritize revisions necessary to--
(1) restore the public availability of all relevant safety
data under a revised methodology; and
(2) make such safety data publicly available that was made
publicly available on the day before the date of enactment of
the FAST Act, and make publicly available any safety data
that was required to be made available by section 5223 of the
FAST Act (49 U.S.C. 31100 note).
(c) Implementation.--
(1) Progress reports.--Not later than 30 days after the
date of enactment of this Act, and every 90 days thereafter
until the date on which the Secretary implements the revised
methodology described in subsection (a), the Secretary shall
submit to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate, and make
publicly available on a website of the Department of
Transportation, a progress report on--
(A) the status of the revision of the methodology and
related data modifications under subsection (a), a timeline
for completion of such revision, and an estimated date for
implementation of such revised methodology;
(B) an explanation for any delays in development or
implementation of the revised methodology over the reporting
period; and
(C) if the Secretary has not resumed making publicly
available the data described in subsection (b), an updated
timeline for the restoration of the public availability of
data and a detailed explanation for why such restoration has
not occurred.
(2) Publication and notification.--Prior to commencing the
use of the revised methodology described in subsection (a) to
identify and
[[Page H2767]]
prioritize motor carriers for intervention (other than in a
testing capacity), the Secretary shall--
(A) publish a detailed summary of the methodology in the
Federal Register and provide a period for public comment; and
(B) notify the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate, in writing.
(d) Safety Fitness Rule.--
(1) Rulemaking.--Not later than 1 year after the date on
which the Secretary notifies Congress under subsection
(c)(2), the Secretary shall issue final regulations pursuant
to section 31144(b) of title 49, United States Code, to
revise the methodology for issuance of motor carrier safety
fitness determinations.
(2) Considerations.--In issuing the regulations under
paragraph (1), the Secretary shall consider the use of all
available data to determine the fitness of a motor carrier.
(e) Repeal.--Section 5223 of the FAST Act (49 U.S.C. 31100
note), and the item related to such section in the table of
contents in section 1(b) of such Act, are repealed.
SEC. 4203. TERMS AND CONDITIONS FOR EXEMPTIONS.
Section 31315 of title 49, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (4)(A) by inserting ``, including data
submission requirements,'' after ``terms and conditions'';
and
(B) by striking paragraph (8) and inserting the following:
``(8) Terms and conditions.--
``(A) In general.--The Secretary shall establish terms and
conditions for each exemption to ensure that the exemption
will not likely degrade the level of safety achieved by the
person or class of persons granted the exemption, and allow
the Secretary to evaluate whether an equivalent level of
safety is maintained while the person or class of persons is
operating under such exemption, including--
``(i) requiring the regular submission of accident and
incident data to the Secretary;
``(ii) requiring immediate notification to the Secretary in
the event of a crash that results in a fatality or serious
bodily injury;
``(iii) for exemptions granted by the Secretary related to
hours of service rules under part 395 of title 49, Code of
Federal Regulations, requiring that the exempt person or
class of persons submit to the Secretary evidence of
participation in a recognized fatigue management plan; and
``(iv) providing documentation of the authority to operate
under the exemption to each exempt person, to be used to
demonstrate compliance if requested by a motor carrier safety
enforcement officer during a roadside inspection.
``(B) Implementation.--The Secretary shall monitor the
implementation of the exemption to ensure compliance with its
terms and conditions.''; and
(2) in subsection (e) by inserting ``, based on an analysis
of data collected by the Secretary and submitted to the
Secretary under subsection (b)(8)'' after ``safety''.
SEC. 4204. SAFETY FITNESS OF MOTOR CARRIERS OF PASSENGERS.
Section 31144(i) of title 49, United States Code, is
amended--
(1) in paragraph (1)--
(A) in subparagraph (A) by striking ``who the Secretary
registers under section 13902 or 31134''; and
(B) in subparagraph (B) by inserting ``to motor carriers of
passengers and'' after ``apply''; and
(2) by adding at the end the following:
``(5) Motor carrier of passengers defined.--In this
subsection, the term `motor carrier of passengers' includes
an offeror of motorcoach services that sells scheduled
transportation of passengers for compensation at fares and on
schedules and routes determined by such offeror, regardless
of ownership or control of the vehicles or drivers used to
provide the transportation by motorcoach.''.
SEC. 4205. PROVIDERS OF RECREATIONAL ACTIVITIES.
Section 13506(b) of title 49, United States Code, is
amended--
(1) in paragraph (2) by striking ``or'' at the end;
(2) in paragraph (3) by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(4) transportation by a motor vehicle designed or used to
transport between 9 and 15 passengers (including the driver),
whether operated alone or with a trailer attached for the
transport of recreational equipment, that is operated by a
person that provides recreational activities if--
``(A) the transportation is provided within a 150 air-mile
radius of the location where passengers are boarded; and
``(B) the person operating the motor vehicle, if
transporting passengers over a route between a place in a
State and a place in another State, is otherwise lawfully
providing transportation of passengers over the entire route
in accordance with applicable State law.''.
SEC. 4206. AMENDMENTS TO REGULATIONS RELATING TO
TRANSPORTATION OF HOUSEHOLD GOODS IN INTERSTATE
COMMERCE.
(a) Definitions.--In this section:
(1) Administration.--The term ``Administration'' means the
Federal Motor Carrier Safety Administration.
(2) Covered carrier.--The term ``covered carrier'' means a
motor carrier that is--
(A) engaged in the interstate transportation of household
goods; and
(B) subject to the requirements of part 375 of title 49,
Code of Federal Regulations (as in effect on the effective
date of the amendments required by subsection (b)).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(b) Amendments to Regulations.--Not later than 1 year after
the date of enactment of this Act, the Secretary shall issue
a notice of proposed rulemaking to amend regulations related
to the interstate transportation of household goods.
(c) Considerations.--In issuing the notice of proposed
rulemaking under subsection (b), the Secretary shall consider
the following recommended amendments to provisions of title
49, Code of Federal Regulations:
(1) Section 375.207(b) to require each covered carrier to
include on the website of the covered carrier a link--
(A) to the publication of the Administration titled ``Ready
to Move-Tips for a Successful Interstate Move'' (ESA 03005)
on the website of the Administration; or
(B) to a copy of the publication referred to in
subparagraph (A) on the website of the covered carrier.
(2) Subsections (a) and (b)(1) of section 375.213 to
require each covered carrier to provide to each individual
shipper, with any written estimate provided to the shipper, a
copy of the publication described in appendix A of part 375
of such title, entitled ``Your Rights and Responsibilities
When You Move'' (ESA-03-006 (or a successor publication)), in
the form of a written copy or a hyperlink on the website of
the covered carrier to the location on the website of the
Administration containing such publication.
(3) Subsection (e) of section 375.213, to repeal such
subsection.
(4) Section 375.401(a), to require each covered carrier--
(A) to conduct a visual survey of the household goods to be
transported by the covered carrier--
(i) in person; or
(ii) virtually, using--
(I) a remote camera; or
(II) another appropriate technology;
(B) to offer a visual survey described in subparagraph (A)
for all household goods shipments, regardless of the distance
between--
(i) the location of the household goods; and
(ii) the location of the agent of the covered carrier
preparing the estimate; and
(C) to provide to each shipper a copy of publication of the
Administration titled ``Ready to Move-Tips for a Successful
Interstate Move'' (ESA 03005) on receipt from the shipper of
a request to schedule, or a waiver of, a visual survey
offered under subparagraph (B).
(5) Sections 375.401(b)(1), 375.403(a)(6)(ii), and
375.405(b)(7)(ii), and subpart D of appendix A of part 375,
to require that, in any case in which a shipper tenders any
additional item or requests any additional service prior to
loading a shipment, the affected covered carrier shall--
(A) prepare a new estimate; and
(B) maintain a record of the date, time, and manner in
which the new estimate was accepted by the shipper.
(6) Section 375.501(a), to establish that a covered carrier
is not required to provide to a shipper an order for service
if the covered carrier elects to provide the information
described in paragraphs (1) through (15) of such section in a
bill of lading that is presented to the shipper before the
covered carrier receives the shipment.
(7) Subpart H of part 375, to replace the replace the terms
``freight bill'' and ``expense bill'' with the term
``invoice''.
Subtitle C--Commercial Motor Vehicle Driver Safety
SEC. 4301. COMMERCIAL DRIVER'S LICENSE FOR PASSENGER
CARRIERS.
Section 31301(4)(B) of title 49, United States Code, is
amended to read as follows:
``(B) is designed or used to transport--
``(i) more than 8 passengers (including the driver) for
compensation; or
``(ii) more than 15 passengers (including the driver),
whether or not the transportation is provided for
compensation; or''.
SEC. 4302. ALCOHOL AND CONTROLLED SUBSTANCES TESTING.
Section 31306(c)(2) of title 49, United States Code, is
amended by striking ``, for urine testing,''.
SEC. 4303. ENTRY-LEVEL DRIVER TRAINING.
Not later than January 1, 2021, and every 90 days
thereafter until the compliance date for the final rule
published on December 8, 2016, titled ``Minimum Training
Requirements for Entry-Level Commercial Motor Vehicle
Operators'' (81 Fed. Reg. 88732), the Secretary shall submit
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on--
(1) a schedule, including benchmarks, to complete
implementation of the requirements under such final rule;
(2) any anticipated delays, if applicable, in meeting the
benchmarks described in paragraph (1);
(3) the progress that the Secretary has made in updating
the Department of Transportation's information technology
infrastructure to support the training provider registry;
(4) a list of States that have adopted laws or regulations
to implement such final rule; and
(5) a list of States, if applicable, that are implementing
the rule and confirming that an applicant for a commercial
driver's license has complied with the requirements.
SEC. 4304. DRIVER DETENTION TIME.
(a) Data Collection.--Not later than 30 days after the date
of enactment of this Act, the Secretary shall--
(1) begin to collect data on delays experienced by
operators of commercial motor vehicles, as required under
section 5501 of the FAST Act (49 U.S.C. 14103 note) and as
referenced in the request for information published on June
10,
[[Page H2768]]
2019, titled ``Request for Information Concerning Commercial
Motor Vehicle Driver Detention Times During Loading and
Unloading'' (84 Fed. Reg. 26932); and
(2) make such data available on a publicly accessible
website of the Department of Transportation.
(b) Detention Time Limits.--
(1) Rulemaking.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall initiate a
rulemaking to establish limits on the amount of time that an
operator of a commercial motor vehicle may be reasonably
detained by a shipper or receiver before the loading or
unloading of the vehicle, if the operator is not compensated
for such time detained.
(2) Contents.--As part of the rulemaking conducted pursuant
to subsection (a), the Secretary shall--
(A) consider the diverse nature of operations in the
movement of goods by commercial motor vehicle;
(B) examine any correlation between time detained and
violations of the hours-of-service rules under part 395 of
title 49, Code of Federal Regulations;
(C) determine whether the effect of detention time on
safety differs based on--
(i) how an operator is compensated; and
(ii) the contractual relationship between the operator and
the motor carrier, including whether an operator is an
employee, a leased owner-operator, or an owner-operator with
independent authority; and
(D) establish a process for a motor carrier, shipper,
receiver, broker, or commercial motor vehicle operator to
report instances of time detained beyond the Secretary's
established limits.
(3) Incorporation of information.--The Secretary shall
incorporate information received under paragraph (2)(D) into
the process established pursuant to subsection (a) once a
final rule takes effect.
(c) Data Protection.--Data made available pursuant to this
section shall be made available in a manner that--
(1) precludes the connection of the data to any individual
motor carrier or commercial motor vehicle operator; and
(2) protects privacy and confidentiality of individuals,
operators, and motor carriers submitting the data.
(d) Commercial Motor Vehicle Defined.--In this section, the
term ``commercial motor vehicle'' has the meaning given such
term in section 31101 of title 49, United States Code.
SEC. 4305. TRUCK LEASING TASK FORCE.
(a) Establishment.--Not later than 6 months after the date
of enactment of this Act, the Secretary of Transportation, in
consultation with the Secretary of Labor, shall establish a
Truck Leasing Task Force (hereinafter referred to as the
``Task Force'').
(b) Membership.--The Secretary of Transportation shall
select not more than 15 individuals to serve as members of
the Task Force, including equal representation from each of
the following:
(1) Labor organizations.
(2) The motor carrier industry, including independent
owner-operators.
(3) Consumer protection groups.
(4) Safety groups.
(5) Members of the legal profession who specialize in
consumer finance issues.
(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 such leasing agreements;
(3) the prevalence of predatory leasing agreements in the
motor carrier industry;
(4) specific agreements available to drayage drivers at
ports related to the Clean Truck Program or similar programs
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) resources to assist commercial motor vehicle drivers in
assessing the impacts of leasing agreements; and
(7) the classification of commercial motor vehicle drivers
under lease-purchase agreements.
(d) Compensation.--A member of the Task Force shall serve
without compensation.
(e) Report.--Upon completion of the examination described
in subsection (c), the Task Force shall submit to the
Secretary of Transportation, Secretary of Labor, and
appropriate congressional committees a report containing--
(1) the findings of the Task Force on the matters described
in subsection (c);
(2) best practices related to--
(A) assisting a commercial motor vehicle driver in
assessing the impacts of leasing agreements prior to entering
into such agreements; and
(B) assisting a commercial motor vehicle driver who has
entered into a predatory lease agreement; and
(3) recommendations on changes to laws or regulations, as
applicable, at the Federal, State, or local level to promote
fair leasing agreements under which a commercial motor
vehicle driver is able to earn a living wage.
(f) Termination.--Not later than 1 month after the date of
submission of the report pursuant to subsection (e), the Task
Force shall terminate.
SEC. 4306. HOURS OF SERVICE.
(a) Authority To Issue Regulations.--Notwithstanding the
authority of the Secretary of Transportation to issue
regulations under section 31502 of title 49, United States
Code, the Secretary shall delay the effective date of the
final rule published on June 1, 2020, titled ``Hours of
Service of Drivers'' (85 Fed. Reg. 33396) until 60 days after
the date on which the Secretary submits the report required
under subsection (d).
(b) Comprehensive Review.--
(1) Comprehensive review of hours of service rules.--Not
later than 60 days after the date of enactment of this Act,
the Secretary shall initiate a comprehensive review of hours
of service rules and the impacts of waivers, exemptions, and
other allowances that limit the applicability of such rules.
(2) List of exemptions.--In carrying out the comprehensive
review required under paragraph (1), the Secretary shall--
(A) compile a list of waivers, exemptions, and other
allowances--
(i) under which a driver may operate in excess of the
otherwise applicable limits on on-duty or driving time in
absence of such exemption, waiver, or other allowance;
(ii) under which a driver may operate without recording
compliance with hours of service rules through the use of an
electronic logging device; and
(iii) applicable--
(I) to specific segments of the motor carrier industry or
sectors of the economy;
(II) on a periodic or seasonal basis; and
(III) to specific types of operations, including the short
haul exemption under part 395 of title 49, Code of Federal
Regulations;
(B) specify whether each such waiver, exemption, or other
allowance was granted by the Department of Transportation or
enacted by Congress, and how long such waiver, exemption, or
other allowance has been in effect; and
(C) estimate the number of motor carriers, motor private
carriers, and drivers that may qualify to use each waiver,
exemption, or other allowance.
(3) Safety impact analysis.--
(A) In general.--In carrying out the comprehensive review
under paragraph (1), the Secretary, in consultation with
State motor carrier enforcement entities, shall undertake a
statistically valid analysis to determine the safety impact,
including on enforcement, of the exemptions, waivers, or
other allowances compiled under paragraph (2) by--
(i) using available data, or collecting from motor carriers
or motor private carriers and drivers operating under an
exemption, waiver, or other allowance if the Secretary does
not have sufficient data, to determine the incidence of
accidents, fatigue-related incidents, and other relevant
safety information related to hours of service among motor
carriers, private motor carriers, and drivers permitted to
operate under each exemption, waiver, or other allowance;
(ii) comparing the data described in subparagraph (A) to
safety data from motor carriers, motor private carriers, and
drivers that are subject to the hours of service rules and
not operating under an exemption, waiver, or other allowance;
and
(iii) based on the comparison under subparagraph (B),
determining whether waivers, exemptions, and other allowances
in effect provide an equivalent level of safety as would
exist in the absence of exemptions, waivers, or other
allowances.
(B) Consultation.--The Secretary shall consult with State
motor carrier enforcement entities in carrying out this
paragraph.
(C) Exclusions.--The Secretary shall exclude data related
to exemptions, waivers, or other allowances made pursuant to
an emergency declaration under section 390.23 of title 49,
Code of Federal Regulations, or extended under section 390.25
of title 49, Code of Federal Regulations, from the analysis
required under this paragraph.
(4) Driver impact analysis.--In carrying out the
comprehensive review under paragraph (1), the Secretary shall
further consider--
(A) data on driver detention collected by the Secretary
pursuant to section 4304 of this Act and other conditions
affecting the movement of goods by commercial motor vehicle,
and how such conditions interact with the Secretary's
regulations on hours of service;
(B) whether exemptions, waivers, or other allowances that
permit additional on-duty time or driving time have a
deleterious effect on the physical condition of drivers; and
(C) whether differences in the manner in which drivers are
compensated result in different levels of burden for drivers
in complying with hours of service rules.
(c) Peer Review.--Prior to the publication of the review
required under subsection (d), the analyses performed by the
Secretary shall undergo an independent peer review.
(d) Publication.--Not later than 18 months after the date
that the Secretary initiates the comprehensive review under
subsection (b)(1), the Secretary shall publish the findings
of such review in the Federal Register and provide for a
period for public comment.
(e) Report to Congress.--Not later than 30 days after the
conclusion of the public comment period under subsection (d),
the Secretary shall submit to the Committee on Commerce,
Science, and Transportation and 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 a website of
the Department of Transportation a report containing the
information and analyses required under subsection (b).
(f) Replacement of Guidance.--Notwithstanding subsection
(a), the Secretary shall replace the Department of
Transportation guidance published on June 7, 2018, titled
``Hours of Service of Drivers of Commercial Motor Vehicles:
Regulatory Guidance Concerning the Use of a Commercial Motor
Vehicle for Personal Conveyance'' (83 Fed. Reg. 26377) with
specific mileage or time limits, or both, for the use of
personal conveyance established through a rulemaking.
(g) Definitions.--In this section:
(1) Motor carrier; motor private carrier.--The terms
``motor carrier'' and ``motor private carrier'' have the
meanings given such terms in section 31501 of title 49,
United States Code.
[[Page H2769]]
(2) On-duty time; driving time; electronic logging
device.--The terms ``on-duty time'', ``driving time'', and
``electronic logging device'' have the meanings given such
terms in section 395.2 of title 49, Code of Federal
Regulations (as in effect on June 1, 2020).
SEC. 4307. DRIVER RECRUITMENT.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the inspector general of the
Department of Transportation shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report examining the operation
of commercial motor vehicles in the United States by drivers
admitted to the United States under temporary business visas.
(b) Contents.--The report under paragraph (1) shall
include--
(1) an assessment of--
(A) the prevalence of the operation of commercial motor
vehicles in the United States by drivers admitted to the
United States under temporary business visas;
(B) the characteristics of motor carriers that recruit and
use such drivers, including the country of domicile of the
motor carrier or subsidiary;
(C) the demographics of drivers operating in the United
States under such visas, including the country of domicile of
such drivers; and
(D) the contractual relationship between such motor
carriers and such drivers;
(2) an analysis of whether such drivers are required to
comply with--
(A) motor carrier safety regulations under subchapter B of
chapter III of title 49, Code of Federal Regulations,
including--
(i) the English proficiency requirement under section
391.11(2) of title 49, Code of Federal Regulations;
(ii) the requirement for drivers of a motor carrier to
report any violations of a regulation to such motor carrier
under section 391.27 of title 49, Code of Federal
Regulations; and
(iii) driver's licensing requirements under part 383 of
title 49, Code of Federal Regulations, including entry-level
driver training and drug and alcohol testing under part 382
of such title; and
(B) regulations prohibiting point-to-point transportation
in the United States, or cabotage, under part 365 of title
49, Code of Federal Regulations;
(3) an evaluation of the safety record of the operations
and drivers described in paragraph (1), including--
(A) violations of the motor carrier safety regulations
under subchapter B of chapter III of title 49, Code of
Federal Regulations, including applicable requirements
described in paragraph (2)(A); and
(B) the number of crashes involving such operations and
drivers; and
(4) the impact of such operations and drivers on--
(A) commercial motor vehicle drivers domiciled in the
United States, including employment levels and driver
compensation of such drivers; and
(B) the competitiveness of motor carriers domiciled in the
United States.
(c) Definitions.--In this section:
(1) Commercial motor vehicle.--In this section, the term
``commercial motor vehicle'' has the meaning given such term
in section 31101 of title 49, United States Code.
(2) Temporary business visa.--The term ``temporary business
visa'' means any driver who is present in the United States
with status under section 101(a)(15)(H)(i)(b) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(i)(b)).
SEC. 4308. SCREENING FOR OBSTRUCTIVE SLEEP APNEA.
(a) In General.--Not later than 6 months after the date of
enactment of this Act, the Secretary of Transportation
shall--
(1) assess the risk posed by untreated obstructive sleep
apnea in drivers of commercial motor vehicles and the
feasibility, benefits, and costs associated with establishing
screening criteria for obstructive sleep apnea in drivers of
commercial motor vehicles;
(2) issue a notice in the Federal Register containing the
independently peer-reviewed findings of the assessment
required under paragraph (1) not later than 30 days after
completion of the assessment and provide an opportunity for
public comment; and
(3) if the Secretary contracts with an independent third
party to conduct the assessment required under paragraph (1),
ensure that the independent third party shall not have any
financial or contractual ties or relationship with a motor
carrier that transports passengers or property for
compensation, the motor carrier industry, or driver advocacy
organizations.
(b) Screening Criteria.--
(1) In general.--Not later than 12 months after the date of
enactment of this Act, the Secretary shall publish in the
Federal Register a proposed rule to establish screening
criteria for obstructive sleep apnea in commercial motor
vehicle drivers and provide an opportunity for public
comment.
(2) Final rule.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall issue a final rule
to establish screening criteria for obstructive sleep apnea
in commercial motor vehicle drivers.
(c) Definitions.--In this section:
(1) Commercial motor vehicle.--The term ``commercial motor
vehicle'' has the meaning given such term in section 31132 of
title 49, United States Code.
(2) Motor carrier.--The term ``motor carrier'' has the
meaning given such term in section 13102 of title 49, United
States Code.
SEC. 4309. WOMEN OF TRUCKING ADVISORY BOARD.
(a) Short Title.--This section may be cited as the
``Promoting Women in Trucking Workforce Act''.
(b) 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.
(c) Sense of Congress Regarding Women in Trucking.--It is
the sense of Congress that the trucking industry should
explore every opportunity, including driver training and
mentorship programs, to encourage and support the pursuit of
careers in trucking by women.
(d) 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 promote organizations and programs
that--
(1) provide education, training, mentorship, or outreach to
women in the trucking industry; and
(2) recruit women into the trucking industry.
(e) Membership.--
(1) In general.--The Board shall be composed of not fewer
than 7 members whose backgrounds allow those members to
contribute balanced points of view and diverse ideas
regarding the strategies and objectives described in
subsection (f)(2).
(2) Appointment.--Not later than 270 days after the date of
enactment of this Act, the Administrator shall appoint the
members of the Board, of whom--
(A) not fewer than 1 shall be a representative of large
trucking companies;
(B) not fewer than 1 shall be a representative of mid-sized
trucking companies;
(C) not fewer than 1 shall be a representative of small
trucking companies;
(D) not fewer than 1 shall be a representative of nonprofit
organizations in the trucking industry;
(E) not fewer than 1 shall be a representative of trucking
business associations;
(F) not fewer than 1 shall be a representative of
independent owner-operators; and
(G) not fewer than 1 shall be a woman who is a professional
truck driver.
(3) Terms.--Each member shall be appointed for the life of
the Board.
(4) Compensation.--A member of the Board shall serve
without compensation.
(f) Duties.--
(1) In general.--The Board shall identify--
(A) industry trends that directly or indirectly discourage
women from pursuing careers in trucking, including--
(i) any differences between women minority groups;
(ii) any differences between women who live in rural,
suburban, and urban areas; and
(iii) any safety risks unique to the trucking industry;
(B) ways in which the functions of trucking companies,
nonprofit organizations, and trucking associations may be
coordinated to facilitate support for women pursuing careers
in trucking;
(C) opportunities to expand existing opportunities for
women in the trucking industry; and
(D) opportunities to enhance trucking training, mentorship,
education, and outreach programs that are exclusive to women.
(2) Report.--Not later than 18 months after the date of
enactment of this Act, the Board shall submit to the
Administrator a report describing strategies that the
Administrator may adopt--
(A) to address any industry trends identified under
paragraph (1)(A);
(B) to coordinate the functions of trucking companies,
nonprofit organizations, and trucking associations in a
manner that facilitates support for women pursuing careers in
trucking;
(C) to--
(i) take advantage of any opportunities identified under
paragraph (1)(C); and
(ii) create new opportunities to expand existing
scholarship opportunities for women in the trucking industry;
and
(D) to enhance trucking training, mentorship, education,
and outreach programs that are exclusive to women.
(g) Report to Congress.--
(1) In general.--Not later than 2 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--
(A) any strategies recommended by the Board under
subsection (f)(2); and
(B) any actions taken by the Administrator to adopt the
strategies recommended by the Board (or an explanation of the
reasons for not adopting the strategies).
(2) Public availability.--The Administrator shall make the
report under paragraph (1) publicly available--
(A) on the website of the Federal Motor Carrier Safety
Administration; and
(B) in appropriate offices of the Federal Motor Carrier
Safety Administration.
(h) Termination.--The Board shall terminate on submission
of the report to Congress under subsection (g).
(i) 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).
[[Page H2770]]
(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 an annual revenue
greater than $1,000,000,000.
(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 an annual
revenue of not less than $35,000,000 and not greater than
$1,000,000,000.
(5) Small trucking company.--The term ``small trucking
company'' means a motor carrier (as defined in section 13102
of title 49, United States Code) with an annual revenue less
than $35,000,000.
Subtitle D--Commercial Motor Vehicle and Schoolbus Safety
SEC. 4401. SCHOOLBUS SAFETY STANDARDS.
(a) Schoolbus Seatbelts.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall issue a notice of
proposed rulemaking to consider requiring large schoolbuses
to be equipped with safety belts for all seating positions,
if the Secretary determines that such standards meet the
requirements and considerations set forth in subsections (a)
and (b) of section 30111 of title 49, United States Code.
(2) Considerations.--In issuing a notice of proposed
rulemaking under paragraph (1), the Secretary shall
consider--
(A) the safety benefits of a lap/shoulder belt system (also
known as a Type 2 seatbelt assembly);
(B) the recommendations of the National Transportation
Safety Board on seatbelts in schoolbuses;
(C) existing experience, including analysis of student
injuries and fatalities compared to States without seat belt
laws, and seat belt usage rates, from States that require
schoolbuses to be equipped with seatbelts, including Type 2
seatbelt assembly; and
(D) the impact of lap/shoulder belt systems on emergency
evacuations, with a focus on emergency evacuations involving
students below the age of 14, and emergency evacuations
necessitated by fire or water submersion; and
(E) the impact of lap/shoulder belt systems on the overall
availability of schoolbus transportation.
(3) Report.--If the Secretary determines that a standard
described in paragraph (1) does not meet the requirements and
considerations set forth in subsections (a) and (b) of
section 30111 of title 49, United States Code, the Secretary
shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report that describes the reasons for not
prescribing such a standard.
(4) Application of regulations.--Any regulation issued
based on the notice of proposed rulemaking described in
paragraph (1) shall apply to schoolbuses manufactured more
than 3 years after the date on which the regulation takes
effect.
(b) Automatic Emergency Braking.--Not later than 2 years
after the date of enactment of this Act, the Secretary
shall--
(1) prescribe a motor vehicle safety standard under section
30111 of title 49, United States Code, that requires all
schoolbuses manufactured after the effective date of such
standard to be equipped with an automatic emergency braking
system; and
(2) as part of such standard, establish performance
requirements for automatic emergency braking systems,
including operation of such systems.
(c) Electronic Stability Control.--Not later than 2 years
after the date of enactment of this Act, the Secretary
shall--
(1) prescribe a motor vehicle safety standard under section
30111 of title 49, United States Code, that requires all
schoolbuses manufactured after the effective date of such
standard to be equipped with an electronic stability control
system (as such term is defined in section 571.136 of title
49, Code of Federal Regulations (as in effect on the date of
enactment of this Act)); and
(2) as part of such standard, establish performance
requirements for electronic stability control systems,
including operation of such systems.
(d) Fire Prevention and Mitigation.--
(1) Research and testing.--The Secretary shall conduct
research and testing to determine the most prevalent causes
of schoolbus fires and the best methods to prevent such fires
and to mitigate the effect of such fires, both inside and
outside the schoolbus. Such research and testing shall
consider--
(A) fire suppression systems standards, which at a minimum
prevent engine fires;
(B) firewall standards to prevent gas or flames from
entering into the passenger compartment in schoolbuses with
engines that extend beyond the firewall; and
(C) interior flammability and smoke emissions
characteristics standards.
(2) Standards.--The Secretary may issue fire prevention and
mitigation standards for schoolbuses, based on the results of
the Secretary's research and testing under paragraph (1), if
the Secretary determines that such standards meet the
requirements and considerations set forth in subsections (a)
and (b) of section 30111 of title 49, United States Code.
(e) Definitions.--In this section:
(1) Automatic emergency braking.--The term ``automatic
emergency braking'' means a crash avoidance system installed
and operational in a vehicle that consists of--
(A) a forward warning function--
(i) to detect vehicles and objects ahead of the vehicle;
and
(ii) to alert the operator of an impending collision; and
(B) a crash-imminent braking function to provide automatic
braking when forward-looking sensors of the vehicle indicate
that--
(i) a crash is imminent; and
(ii) the operator of the vehicle is not applying the
brakes.
(2) Large schoolbus.--The term ``large schoolbus'' means a
schoolbus with a gross vehicle weight rating of more than
10,000 pounds.
(3) Schoolbus.--The term ``schoolbus'' has the meaning
given such term in section 30125(a) of title 49, United
States Code.
SEC. 4402. ILLEGAL PASSING OF SCHOOLBUSES.
(a) Review of Illegal Passing Laws.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary of Transportation
shall--
(A) prepare a compilation of illegal passing laws in all
States, including levels of enforcement and penalties and
enforcement issues with such laws and the impact of such laws
on illegal passing of schoolbuses in each State;
(B) review existing State laws that may inhibit effective
schoolbus loading zone countermeasures, which may include
laws requiring camera visibility of a driver's face for
enforcement action, laws that may reduce stop-arm camera
effectiveness, the need for an officer to witness the event
for enforcement, and the lack of primary enforcement for
texting and driving;
(C) evaluate methods used by States to review, document,
and report to law enforcement schoolbus stop-arm violations;
and
(D) following the completion of the compilation, issue
recommendations on best practices on the most effective
approaches to address illegal passing of schoolbuses.
(2) Publication.--The compilation and recommendations
prepared under paragraph (1) shall be made publicly available
on the website of the Department of Transportation.
(b) Public Safety Messaging Campaign.--
(1) In general.--Not later than 1 year after the date on
which the Secretary makes the compilation and recommendations
under subsection (a)(2) publicly available, the Secretary
shall create and execute a public safety messaging campaign
for distribution to States, divisions of motor vehicles,
schools, and other public outlets to highlight the dangers of
the illegal passing of schoolbuses, and should include
educating students and the public on safe loading and
unloading of schoolbuses.
(2) Consultation.--The Secretary shall consult with public
and private schoolbus industry representatives and States in
developing the campaign materials.
(3) Update.--The Secretary shall periodically update such
materials.
(c) Review of Technologies.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall review and
evaluate the effectiveness of various technologies to enhance
schoolbus safety, including cameras, audible warning systems,
enhanced lighting, and other technological solutions.
(2) Content.--The review under paragraph (1)--
(A) shall include an evaluation of the costs of new
equipment and the potential impact on overall schoolbus
ridership;
(B) shall include an evaluation of advanced technologies
surrounding loading zone safety;
(C) shall include an evaluation of motion-activated
detection systems that are capable of--
(i) detecting pedestrians, bicyclists, and other road users
located near the exterior of the schoolbus; and
(ii) alerting the operator of the schoolbus of the road
users described in clause (i);
(D) shall include an evaluation of schoolbus lighting
systems, to ensure clear communication to surrounding drivers
on their appropriate action; and
(E) may include other technological solutions that enhance
schoolbus safety.
(3) Consultation.--The Secretary shall consult with
manufacturers of schoolbus vehicles, manufacturers of various
technologies, and school bus industry representatives in
conducting the review under paragraph (1).
(4) Publication.--The Secretary shall make the findings of
the review under paragraph (1) publicly available on the
website of the Department.
(d) Review of Driver Education Materials.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall--
(A) review driver education materials across all States to
determine whether and how illegal passing of schoolbuses is
addressed in driver education materials, manuals, non-
commercial driver's license testing, and road tests; and
(B) make recommendations on how States can improve
education about illegal passing of schoolbuses, particularly
with new drivers.
(2) Consultation.--The Secretary shall consult with
schoolbus industry representatives, States, motor vehicle
administrators, and other appropriate motor vehicle experts
in the preparation of the review under paragraph (1).
(3) Publication.--The Secretary shall make the findings of
the review under paragraph (1) publicly available on the
website of the Department.
(e) Review of Other Safety Issues.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall--
(A) research the connections between illegal passing of
schoolbuses and other safety issues, including distracted
driving, morning darkness, poor visibility, illumination and
reach of vehicle headlights, speed limits, and schoolbus stop
locations in rural areas; and
(B) create a report containing the findings.
(2) Publication.--The Secretary shall make the report
created under paragraph (1)(B) publicly available on the
website of the Department.
[[Page H2771]]
SEC. 4403. STATE INSPECTION OF PASSENGER-CARRYING COMMERCIAL
MOTOR VEHICLES.
(a) In General.--Not later than 2 years after the date of
enactment of this Act, the Secretary of Transportation shall
issue a final rule based on the advance notice of proposed
rulemaking published on April 27, 2016, titled ``State
Inspection Programs for Passenger-Carrier Vehicles'' (81 Fed.
Reg. 24769).
(b) Considerations.--In issuing a final rule under
subsection (a), 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. 4404. AUTOMATIC EMERGENCY BRAKING.
(a) Federal Motor Vehicle Safety Standard.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation
shall--
(A) prescribe a motor vehicle safety standard under section
30111 of title 49, United States Code, that requires all
commercial motor vehicles manufactured after the effective
date of such standard to be equipped with an automatic
emergency braking system; and
(B) as part of such standard, establish performance
requirements for automatic emergency braking systems,
including operation of such systems in a variety of driving
conditions.
(2) Considerations.--Prior to prescribing the standard
required under paragraph (1)(A), the Secretary shall--
(A) conduct a review of automatic emergency braking systems
in use in commercial motor vehicles and address any
identified deficiencies with such systems in the rulemaking
proceeding to prescribe the standard, if practicable;
(B) assess the feasibility of updating the software of
emergency braking systems in use in commercial motor vehicles
to address any deficiencies and to enable such systems to
meet the new standard; and
(C) consult with representatives of commercial motor
vehicle drivers regarding the experiences of drivers with
automatic emergency braking systems in use in commercial
motor vehicles, including malfunctions or unwarranted
activations of such systems.
(3) Compliance date.--The Secretary shall ensure that the
compliance date of the standard prescribed pursuant to
paragraph (1) shall be not later than 2 years after the date
of publication of the final rule prescribing such standard.
(b) Federal Motor Carrier Safety Regulation.--Not later
than 1 year after the date of enactment of this Act, the
Secretary shall issue a regulation under section 31136 of
title 49, United States Code, that requires that an automatic
emergency braking system installed in a commercial motor
vehicle that is in operation on or after the effective date
of the standard prescribed under subsection (a) be used at
any time during which such commercial motor vehicle is in
operation.
(c) Definitions.--In this section:
(1) Automatic emergency braking system.--The term
``automatic emergency braking system'' means a crash
avoidance system installed and operational in a vehicle that
consists of--
(A) a forward collision warning function--
(i) to detect vehicles and objects ahead of the vehicle;
and
(ii) to alert the operator of the vehicle of an impending
collision; and
(B) a crash-imminent braking function to provide automatic
braking when forward-looking sensors of the vehicle indicate
that--
(i) a crash is imminent; and
(ii) the operator of the vehicle is not applying the
brakes.
(2) Commercial motor vehicle.--The term ``commercial motor
vehicle'' has the meaning given such term in section 31101 of
title 49, United States Code.
SEC. 4405. UNDERRIDE PROTECTION.
(a) Rear Underride Guards.--
(1) Rear guards on trailers and semitrailers.--
(A) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation shall
issue such regulations as are necessary to revise motor
vehicle safety standards under sections 571.223 and 571.224
of title 49, Code of Federal Regulations, to require trailers
and semi-trailers manufactured after the date on which such
regulation is issued to be equipped with rear impact guards
that are designed to prevent passenger compartment intrusion
from a trailer or semitrailer when a passenger vehicle
traveling at 35 miles per hour makes--
(i) an impact in which the passenger vehicle impacts the
center of the rear of the trailer or semitrailer;
(ii) an impact in which 50 percent the width of the
passenger vehicle overlaps the rear of the trailer or
semitrailer; and
(iii) an impact in which 30 percent of the width of the
passenger vehicle overlaps the rear of the trailer or
semitrailer.
(B) Effective date.--The rule issued under subparagraph (A)
shall require full compliance with the motor carrier safety
standard prescribed in such rule not later than 2 years after
the date on which a final rule is issued.
(2) Additional research.--The Secretary shall conduct
additional research on the design and development of rear
impact guards that can prevent underride crashes and protect
motor vehicle passengers against severe injury at crash
speeds of up to 65 miles per hour.
(3) Review of standards.--Not later than 5 years after any
revisions to standards or requirements related to rear impact
guards pursuant to paragraph (1), the Secretary shall review
the standards or requirements to evaluate the need for
changes in response to advancements in technology and upgrade
such standards accordingly.
(4) Inspections.--
(A) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall issue such
regulations as are necessary to amend the regulations on
minimum periodic inspection standards under appendix G to
subchapter B of chapter III of title 49, Code of Federal
Regulations, and driver vehicle inspection reports under
section 396.11 of title 49, Code of Federal Regulations, to
include rear impact guards and rear end protection (as
required by section 393.86 of title 49, Code of Federal
Regulations).
(B) Considerations.--In updating the regulations described
in subparagraph (A), the Secretary shall consider it to be a
defect or a deficiency if a rear impact guard is missing or
has a corroded or compromised element that affects the
structural integrity and protective feature of such guard.
(b) Side Underride Guards.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall--
(A) complete additional research on side underride guards
to better understand the overall effectiveness of such
guards;
(B) assess the feasibility, benefits, and costs associated
with installing side underride guards on newly manufactured
trailers and semitrailers with a gross vehicle weight rating
of 10,000 pounds or more; and
(C) if warranted, develop performance standards for such
guards.
(2) Independent research.--If the Secretary enters into a
contract with a third party to perform the research required
under paragraph (1)(A), the Secretary shall ensure that such
third party does not have any financial or contractual ties
or relationship with a motor carrier that transports
passengers or property for compensation, the motor carrier
industry, or an entity producing or supplying underride
guards.
(3) Publication of assessment.--Not later than 90 days
after completing the assessment required under paragraph
(1)(B), the Secretary shall issue a notice in the Federal
Register containing the findings of the assessment and
provide an opportunity for public comment.
(4) Report to congress.--After the conclusion of the public
comment period under paragraph (3), the Secretary shall
submit to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report
that provides--
(A) the results of the assessment under this subsection;
(B) a summary of the public comments received by the
Secretary under paragraph (3); and
(C) a determination as to whether the Secretary intends to
develop performance requirements for side underride guards,
including any analysis that led to such determination.
(c) Advisory Committee on Underride Protection.--
(1) Establishment.--Not later than 30 days after the date
of enactment of this Act, the Secretary of Transportation
shall establish an Advisory Committee on Underride Protection
(in this subsection referred to as the ``Committee'') to
provide advice and recommendations to the Secretary on safety
regulations to reduce crashes and fatalities involving truck
underrides.
(2) Representation.--
(A) In general.--The Committee shall be composed of not
more than 20 members appointed by the Secretary who are not
employees of the Department of Transportation and who are
qualified to serve because of their expertise, training, or
experience.
(B) Membership.--Members shall include 2 representatives of
each of the following:
(i) Truck and trailer manufacturers.
(ii) Motor carriers, including independent owner-operators.
(iii) Law enforcement.
(iv) Motor vehicle engineers.
(v) Motor vehicle crash investigators.
(vi) Truck safety organizations.
(vii) The insurance industry.
(viii) Emergency medical service providers.
(ix) Families of underride crash victims.
(x) Labor organizations.
(3) Compensation.--Members of the Committee shall serve
without compensation.
(4) Meetings.--The Committee shall meet at least annually.
(5) Support.--On request of the Committee, the Secretary
shall provide information, administrative services, and
supplies necessary for the Committee to carry out the duties
described in paragraph (1).
(6) Report.--The Committee shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a biennial report that shall--
(A) describe the advice and recommendations made to the
Secretary; and
(B) include an assessment of progress made by the Secretary
in advancing safety regulations.
(d) Data Collection.--Not later than 1 year after the date
of enactment of this Act, the Secretary shall implement
recommendations 1 and 2 described in the report by the
Government Accountability Office published on March 14, 2019,
titled ``Truck Underride Guards: Improved Data Collection,
Inspections, and Research Needed'' (GAO-19-264).
SEC. 4406. TRANSPORTATION OF HORSES.
Section 80502 of title 49, United States Code, is amended--
(1) in subsection (c) by striking ``This section does not''
and inserting ``Subsections (a) and (b) shall not'';
(2) by redesignating subsection (d) as subsection (e);
(3) by inserting after subsection (c) the following:
[[Page H2772]]
``(d) Transportation of Horses.--
``(1) Prohibition.--No person may transport, or cause to be
transported, a horse from a place in a State, the District of
Columbia, or a territory or possession of the United States
through or to a place in another State, the District of
Columbia, or a territory or possession of the United States
in a motor vehicle containing 2 or more levels stacked on top
of each other.
``(2) Motor vehicle defined.--In this subsection, the term
`motor vehicle'--
``(A) means a vehicle driven or drawn by mechanical power
and manufactured primarily for use on public highways; and
``(B) does not include a vehicle operated exclusively on a
rail or rails.''; and
(4) in subsection (e), as redesignated--
(A) by striking ``A rail carrier'' and inserting the
following:
``(1) In general.--A rail carrier'';
(B) by striking ``this section'' and inserting ``subsection
(a) or (b)''; and
(C) by striking ``On learning'' and inserting the
following:
``(2) Transportation of horses in multilevel trailer.--
``(A) Civil penalty.--A person that knowingly violates
subsection (d) is liable to the United States Government for
a civil penalty of at least $100, but not more than $500, for
each violation. A separate violation of subsection (d) occurs
for each horse that is transported, or caused to be
transported, in violation of subsection (d).
``(B) Relationship to other laws.--The penalty imposed
under subparagraph (A) shall be in addition to any penalty or
remedy available under any other law.
``(3) Civil action.--On learning''.
SEC. 4407. ADDITIONAL STATE AUTHORITY.
(a) Additional Authority.--Notwithstanding the limitation
in section 127(d) of title 23, United States Code, if a State
had in effect on or before June 1, 1991 a statute or
regulation which placed a limitation on the overall length of
a longer combination vehicle consisting of 3 trailers, such
State may allow the operation of a longer combination vehicle
to accommodate a longer energy efficient truck tractor in
such longer combination vehicle under such limitation, if the
additional tractor length is the only added length to such
longer combination vehicle and does not result in increased
cargo capacity in weight or volume.
(b) Savings Clause.--Nothing in this section authorizes a
State to allow an increase in the length of a trailer,
semitrailer, or other cargo-carrying unit of a longer
combination vehicle.
(c) Longer Combination Vehicle Defined.--The term ``longer
combination vehicle'' has the meaning given such term in
section 127 of title 23, United States Code.
SEC. 4408. UPDATING THE REQUIRED AMOUNT OF INSURANCE FOR
COMMERCIAL MOTOR VEHICLES.
Section 31139(b) of title 49, United States Code, is
amended--
(1) in paragraph (2), by striking ``$750,000'' and
inserting ``$2,000,000''; and
(2) by adding at the end the following:
``(3) Adjustment.--The Secretary, in consultation with the
Bureau of Labor Statistics, shall adjust the minimum level of
financial responsibility under paragraph (2) quinquennially
for inflation.''.
TITLE V--INNOVATION
SEC. 5001. 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) Highway research and development program.--To carry out
section 503(b) of title 23, United States Code, $144,000,000
for each of fiscal years 2022 through 2025.
(2) Technology and innovation deployment program.--To carry
out section 503(c) of title 23, United States Code,
$152,000,000 for each of fiscal years 2022 through 2025.
(3) Training and education.--To carry out section 504 of
title 23, United States Code, $26,000,000 for each of fiscal
years 2022 through 2025.
(4) Intelligent transportation systems program.--To carry
out sections 512 through 518 of title 23, United States Code,
$100,000,000 for each of fiscal years 2022 through 2025.
(5) University transportation centers program.--To carry
out section 5505 of title 49, United States Code, $96,000,000
for each of fiscal years 2022 through 2025.
(6) Bureau of transportation statistics.--To carry out
chapter 63 of title 49, United States Code, $27,000,000 for
each of fiscal years 2022 through 2025.
(b) Additional Programs.--The following amounts are
authorized to be appropriated out of the Highway Trust Fund
(other than the Mass Transit Account):
(1) Safe, efficient mobility through advanced
technologies.--To carry out section 503(c)(4) of title 23,
United States Code, $70,000,000 for each of fiscal years 2022
through 2025 from funds made available to carry out section
503(c) of such title.
(2) Materials to reduce greenhouse gas emissions program.--
To carry out section 503(d) of title 23, United States Code,
$10,000,000 for each of fiscal years 2022 through 2025 from
funds made available to carry out section 503(c) of such
title.
(3) National highly automated vehicle and mobility
innovation clearinghouse.--To carry out section 5507 of title
49, United States Code, $2,000,000 for each of fiscal years
2022 through 2025 from funds made available to carry out
sections 512 through 518 of title 23, United States Code.
(4) National cooperative multimodal freight transportation
research program.--To carry out section 70205 of title 49,
United States Code, $4,000,000 for each of fiscal years 2022
through 2025 from funds made available to carry out section
503(b) of title 23, United States Code.
(5) State surface transportation system funding pilots.--To
carry out section 6020 of the FAST Act (23 U.S.C. 503 note),
$35,000,000 for each of fiscal years 2022 through 2025 from
funds made available to carry out section 503(b) of title 23,
United States Code.
(6) National surface transportation system funding pilot.--
To carry out section 5402 of this title, $10,000,000 for each
of fiscal years 2022 through 2025 from funds made available
to carry out section 503(b) of title 23, United States Code.
(c) Administration.--The Federal Highway Administration
shall--
(1) administer the programs described in paragraphs (1),
(2), and (3) of subsection (a) and paragraph (1) of
subsection (b); and
(2) in consultation with relevant modal administrations,
administer the programs described in subsections (a)(4) and
(b)(2).
(d) Treatment of Funds.--Funds authorized to be
appropriated by subsections (a) and (b) shall--
(1) 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
title (including the amendments by this title) or otherwise
determined by the Secretary; and
(2) remain available until expended and not be
transferable, except as otherwise provided in this title.
Subtitle A--Research and Development
SEC. 5101. HIGHWAY RESEARCH AND DEVELOPMENT PROGRAM.
(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''; and
(2) in subsection (b)--
(A) in paragraph (3)--
(i) in subparagraph (A)--
(I) in clause (ii) by striking ``; and'' and inserting a
semicolon;
(II) in clause (iii) by striking the period and inserting
``; and''; and
(III) by adding at the end the following:
``(iv) to reduce greenhouse gas emissions and limit the
effects of climate change.''; and
(ii) by striking subparagraphs (D) and (E);
(B) in paragraph (4)(A)--
(i) in clause (ii) by striking ``; and'' and inserting a
semicolon;
(ii) in clause (iii) by striking the period and inserting
``; and''; and
(iii) by adding at the end the following:
``(iv) to reduce greenhouse gas emissions and limit the
effects of climate change.'';
(C) in paragraph (5)(A)--
(i) in clause (iv) by striking ``; and'' and inserting a
semicolon;
(ii) in clause (v) by striking the period and inserting ``;
and''; and
(iii) by adding at the end the following:
``(vi) reducing greenhouse gas emissions and limiting the
effects of climate change.''; and
(D) by adding at the end the following:
``(9) Analysis tools.--The Secretary may develop
interactive modeling tools and databases that--
``(A) track the condition of highway assets, including
interchanges, and the reconstruction history of such 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.
``(10) Performance management data support program.--
``(A) Performance management data support.--The
Administrator of the Federal Highway Administration shall
develop, use, and maintain data sets and data analysis tools
to assist metropolitan planning organizations, States, and
the Federal Highway Administration in carrying out
performance management analyses (including the performance
management requirements under section 150).
``(B) Inclusions.--The data analysis activities authorized
under subparagraph (A) may include--
``(i) collecting and distributing vehicle probe data
describing traffic on Federal-aid highways;
``(ii) collecting household travel behavior data to assess
local and cross-jurisdictional travel, including to
accommodate external and through travel;
``(iii) enhancing existing data collection and analysis
tools to accommodate performance measures, targets, and
related data, so as to better understand trip origin and
destination, trip time, and mode;
``(iv) enhancing existing data analysis tools to improve
performance predictions and travel models in reports
described in section 150(e);
``(v) developing tools--
``(I) to improve performance analysis; and
``(II) to evaluate the effects of project investments on
performance;
``(vi) assisting in the development or procurement of the
transportation system access data under section 1403(g) of
the INVEST in America Act; and
``(vii) developing tools and acquiring data described under
paragraph (9).
``(C) Funding.--The Administrator of the Federal Highway
Administration may use up to $15,000,000 for each of fiscal
years 2022 through 2025 to carry out this paragraph.''.
[[Page H2773]]
(b) Repeal.--Section 6028 of the FAST Act (23 U.S.C. 150
note), and the item relating to such section in the table of
contents in section 1(b) of such Act, are repealed.
SEC. 5102. MATERIALS TO REDUCE GREENHOUSE GAS EMISSIONS
PROGRAM.
Section 503 of title 23, United States Code, as amended by
section 5101, is further amended by adding at the end the
following:
``(d) Materials to Reduce Greenhouse Gas Emissions
Program.--
``(1) In general.--Not later than 6 months after the date
of enactment of this subsection, the Secretary shall
establish and implement a program under which the Secretary
shall award grants to eligible entities to research and
support the development of materials that will reduce or
sequester the amount of greenhouse gas emissions generated
during the production of highway materials and the
construction and use of highways.
``(2) Activities.--The Secretary shall ensure that the
program, at a minimum--
``(A) carries out research to determine the materials
proven to most effectively reduce or sequester greenhouse gas
emissions;
``(B) evaluates and improves the ability of materials to
most effectively reduce or sequester greenhouse gas
emissions; and
``(C) supports the development and deployment of materials
that will reduce or sequester greenhouse gas emissions.
``(3) Competitive selection process.--
``(A) Applications.--To be eligible to receive a grant
under this subsection, an eligible entity shall submit to the
Secretary an application in such form and containing such
information as the Secretary may require.
``(B) Consideration.--In making grants under this
subsection, the Secretary shall consider the degree to which
applicants presently carry out research on materials that
reduce or sequester greenhouse gas emissions.
``(C) Selection criteria.--The Secretary may make grants
under this subsection to any eligible entity based on the
demonstrated ability of the applicant to fulfill the
activities described in paragraph (2).
``(D) Transparency.--
``(i) In general.--The Secretary shall provide to each
eligible entity submitting an application under this
subsection, upon request, any materials, including copies of
reviews (with any information that would identify a reviewer
redacted), used in the evaluation process of the application
of such entity.
``(ii) Reports.--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 report describing the overall
review process for a grant under this subsection, including--
``(I) specific criteria of evaluation used in the review;
``(II) descriptions of the review process; and
``(III) explanations of the grants awarded.
``(4) Grants.--
``(A) Restrictions.--
``(i) In general.--For each fiscal year, a grant made
available under this subsection shall be not greater than
$4,000,000 and not less than $2,000,000 per recipient.
``(ii) Limitation.--An eligible entity may only receive 1
grant in a fiscal year under this subsection.
``(B) Matching requirements.--
``(i) In general.--As a condition of receiving a grant
under this subsection, a grant recipient shall match 50
percent of the amounts made available under the grant.
``(ii) Sources.--The matching amounts referred to in clause
(i) may include amounts made available to the recipient
under--
``(I) section 504(b); or
``(II) section 505.
``(5) Program coordination.--
``(A) In general.--The Secretary shall--
``(i) coordinate the research, education, and technology
transfer activities carried out by grant recipients under
this subsection;
``(ii) disseminate the results of that research through the
establishment and operation of a publicly accessible online
information clearinghouse; and
``(iii) to the extent practicable, support the deployment
and commercial adoption of effective materials researched or
developed under this subsection to relevant stakeholders.
``(B) Annual review and evaluation.--Not later than 2 years
after the date of enactment of this subsection, and not less
frequently than annually thereafter, the Secretary shall,
consistent with the activities in paragraph (3)--
``(i) review and evaluate the programs carried out under
this subsection by grant recipients, describing the
effectiveness of the program in identifying materials that
reduce or sequester greenhouse gas emissions;
``(ii) 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 describing such review and evaluation; and
``(iii) make the report in clause (ii) available to the
public on a website.
``(6) Limitation on availability of amounts.--Amounts made
available to carry out this subsection shall remain available
for obligation by the Secretary for a period of 3 years after
the last day of the fiscal year for which the amounts are
authorized.
``(7) Information collection.--Any survey, questionnaire,
or interview that the Secretary determines to be necessary to
carry out reporting requirements relating to any program
assessment or evaluation activity under this subsection,
including customer satisfaction assessments, shall not be
subject to chapter 35 of title 44.
``(8) Definition of eligible entity.--In this subsection,
the term `eligible entity' means a nonprofit institution of
higher education, as such term is defined in section 101 of
the Higher Education Act of 1965 (20 U.S.C. 1001).''.
SEC. 5103. TRANSPORTATION RESEARCH AND DEVELOPMENT 5-YEAR
STRATEGIC PLAN.
Section 6503 of title 49, United States Code, is amended--
(1) in subsection (a) by striking ``The Secretary'' and
inserting ``For the period of fiscal years 2017 through 2021,
and for each 5-year period thereafter, the Secretary'';
(2) in subsection (c)(1)--
(A) in subparagraph (D) by inserting ``and the existing
transportation system'' after ``infrastructure'';
(B) in subparagraph (E) by striking ``; and'' and inserting
a semicolon;
(C) by amending subparagraph (F) to read as follows:
``(F) reducing greenhouse gas emissions; and''; and
(D) by adding at the end the following:
``(G) developing and maintaining a diverse workforce in
transportation sectors;''; and
(3) in subsection (d) by striking ``not later than December
31, 2016,'' and inserting ``not later than December 31,
2021,''.
SEC. 5104. UNIVERSITY TRANSPORTATION CENTERS PROGRAM.
Section 5505 of title 49, United States Code, is amended--
(1) in subsection (b)(4)--
(A) in subparagraph (A) by striking ``research priorities
identified in chapter 65.'' and inserting the following:
``following research priorities:
``(i) Improving the mobility of people and goods.
``(ii) Reducing congestion.
``(iii) Promoting safety.
``(iv) Improving the durability and extending the life of
transportation infrastructure and the existing transportation
system.
``(v) Preserving the environment.
``(vi) Reducing greenhouse gas emissions.''; and
(B) in subparagraph (B)--
(i) by striking ``Technology and'' and inserting
``Technology,''; and
(ii) by inserting ``, the Associate Administrator for
Research, Demonstration, and Innovation and Administrator of
the Federal Transit Administration,'' after ``Federal Highway
Administration'';
(2) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``Not later than 1 year after the date of
enactment of this section,'' and inserting the following:
``(A) Selection of grants.--Not later than 1 year after the
date of enactment of the INVEST in America Act,''; and
(ii) by adding at the end the following:
``(B) Limitations.--A grant under this subsection may not
include a cooperative agreement described in section 6305 of
title 31.'';
(B) in paragraph (2)--
(i) in subparagraph (A) by striking ``5 consortia'' and
inserting ``6 consortia'';
(ii) in subparagraph (B)--
(I) in clause (i) by striking ``not greater than $4,000,000
and not less than $2,000,000'' and inserting ``not greater
than $4,250,000 and not less than $2,250,000''; and
(II) in clause (ii) by striking ``section 6503(c)'' and
inserting ``subsection (b)(4)(A)'';
(iii) in subparagraph (C) by striking ``100 percent'' and
inserting ``50 percent''; and
(iv) by adding at the end the following:
``(D) Requirement.--In awarding grants under this section,
the Secretary shall award 1 grant to a national consortia for
each focus area described in subsection (b)(4)(A).'';
(C) in paragraph (3)--
(i) in subparagraph (C) by striking ``not greater than
$3,000,000 and not less than $1,500,000'' and inserting ``not
greater than $3,250,000 and not less than $1,750,000'';
(ii) in subparagraph (D)(i) by striking ``100 percent'' and
inserting ``50 percent''; and
(iii) by striking subparagraph (E); and
(D) in paragraph (4)--
(i) in subparagraph (A) by striking ``greater than
$2,000,000 and not less than $1,000,000'' and inserting
``greater than $2,250,000 and not less than $1,250,000''; and
(ii) by striking subparagraph (C) and inserting the
following:
``(C) Requirements.--In awarding grants under this
paragraph, the Secretary shall--
``(i) consider consortia that include institutions that
have demonstrated an ability in transportation-related
research; and
``(ii) award not less than 2 grants under this section to
minority institutions, as such term is defined in section 365
of the Higher Education Act of 1965 (20 U.S.C. 1067k).
``(D) Focused research.--
``(i) In general.--In awarding grants under this section,
the Secretary shall select not less than 1 grant recipient
with each of the following focus areas:
``(I) Transit.
``(II) Connected and automated vehicle technology.
``(III) Non-motorized transportation, including bicycle and
pedestrian safety.
``(IV) Transportation planning, including developing
metropolitan planning practices to meet the considerations
described in section 134(c)(4) of title 23 and section
5303(c)(4).
``(V) The surface transportation workforce, including--
``(aa) current and future workforce needs and challenges;
and
``(bb) the impact of technology on the transportation
sector.
``(VI) Climate change mitigation, including--
``(aa) researching the types of transportation projects
that are expected to provide the most significant greenhouse
gas emissions reductions from the surface transportation
sector; and
[[Page H2774]]
``(bb) researching the types of transportation projects
that are not expected to provide significant greenhouse gas
emissions reductions from the surface transportation sector.
``(VII) Rail.
``(ii) Additional grants.--In awarding grants under this
section and after awarding grants pursuant to clause (i), the
Secretary may award any remaining grants to any grant
recipient based on the criteria described in subsection
(b)(4)(A).
``(E) Considerations for selected institutions.--
``(i) In general.--Tier 1 transportation centers awarded a
grant under this paragraph with a focus area described in
subparagraph (D)(i)(IV) shall consider the following areas
for research:
``(I) strategies to address climate change mitigation and
impacts described in section 134(i)(2)(I)(ii) of title 23 and
the incorporation of such strategies into long range
transportation plan; and
``(II) preparation of a vulnerability assessment described
in section 134(i)(2)(I)(iii) of title 23.
``(ii) Activities.--A tier 1 transportation center
receiving a grant under this section with a focus area
described in subparagraph (D)(i)(IV) may--
``(I) establish best practices;
``(II) develop modeling tools; and
``(III) carry out other activities and develop technology
that addresses the planning considerations described in
clause (i).
``(iii) Limitation.--Research under this subparagraph shall
focus on metropolitan planning organizations that represent
urbanized areas with populations of 200,000 or fewer.'';
(3) in subsection (d)(3) by striking ``fiscal years 2016
through 2020'' and inserting ``fiscal years 2022 through
2025'';
(4) by redesignating subsection (f) as subsection (g); and
(5) by inserting after subsection (e) the following:
``(f) Surplus Amounts.--
``(1) In general.--Amounts made available to the Secretary
to carry out this section that remain unobligated after
awarding grants under subsection (c) shall be made available
under the unsolicited research initiative under section 5506.
``(2) Limitation on amounts.--Amounts under paragraph (1)
shall not exceed $2,000,000 for any given fiscal year.''.
SEC. 5105. UNSOLICITED RESEARCH INITIATIVE.
(a) In General.--Subchapter I of chapter 55 of title 49,
United States Code, is amended by adding at the end the
following:
``Sec. 5506. Unsolicited research initiative
``(a) In General.--Not later than 180 days after the date
of enactment of this section, the Secretary shall establish a
program under which an eligible entity may at any time submit
unsolicited research proposals for funding under this
section.
``(b) Criteria.--A research proposal submitted under
subsection (a) shall meet the purposes of the Secretary's 5-
year transportation research and development strategic plan
described in section 6503(c)(1).
``(c) Project Review.--Not later than 90 days after an
eligible entity submits a proposal under subsection (a), the
Secretary shall--
``(1) review the research proposal submitted under
subsection (a);
``(2) evaluate such research proposal relative to the
criteria described in subsection (b);
``(3) provide to such eligible entity a written notice
that--
``(A) if the research proposal is not selected for funding
under this section--
``(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, recommends that the research
proposal be submitted to another research program; and
``(B) if the research proposal is selected for funding
under this section, notifies the eligible entity that the
research proposal has been selected for funding; and
``(4) fund the proposals described in paragraph (3)(B).
``(d) Report.--Not later than 18 months after the date of
enactment of this section, and annually thereafter, the
Secretary shall make available to the public on a public
website a report on the progress and findings of the program
established under subsection (a).
``(e) Federal Share.--
``(1) In general.--The Federal share of the cost of an
activity carried out under this section may not exceed 50
percent.
``(2) 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 section.
``(f) Funding.--
``(1) In general.--Of the funds made available to carry out
the university transportation centers program under section
5505, $2,000,000 shall be available for each of fiscal years
2022 through 2025 to carry out this section.
``(2) Funding flexibility.--
``(A) In general.--For fiscal years 2022 through 2025,
funds made available under paragraph (1) shall remain
available until expended.
``(B) Uncommitted funds.--If the Secretary determines, at
the end of a fiscal year, funds under paragraph (1) remain
unexpended as a result of a lack of meritorious projects
under this section, the Secretary may, for the following
fiscal year, make remaining funds available under either this
section or under section 5505.
``(g) Eligible Entity Defined.--In this section, the term
`eligible entity' means
``(1) a State;
``(2) a unit of local government;
``(3) a transit agency;
``(4) any nonprofit institution of higher education,
including a university transportation center under section
5505; and
``(5) a nonprofit organization.''.
(b) Clerical Amendment.--The analysis for chapter 55 of
title 49, United States Code, is amended by inserting after
the item relating to section 5505 the following new item:
``5506. Unsolicited research initiative.''.
SEC. 5106. NATIONAL COOPERATIVE MULTIMODAL FREIGHT
TRANSPORTATION RESEARCH PROGRAM.
(a) In General.--Chapter 702 of title 49, United States
Code, is amended by adding at the end the following:
``Sec. 70205. National cooperative multimodal freight
transportation research program
``(a) Establishment.--Not later than 1 year after the date
of enactment of this section, the Secretary shall establish
and support a national cooperative multimodal freight
transportation research program.
``(b) Agreement.--Not later than 6 months after the date of
enactment of this section, the Secretary shall seek to enter
into an agreement with the National Academy of Sciences to
support and carry out administrative and management
activities relating to the governance of the national
cooperative multimodal freight transportation research
program.
``(c) Advisory Committee.--In carrying out the agreement
described in subsection (b), the National Academy of Sciences
shall select a multimodal freight transportation research
advisory committee consisting of multimodal freight
stakeholders, including, at a minimum--
``(1) a representative of the Department of Transportation;
``(2) representatives of any other Federal agencies
relevant in supporting the nation's multimodal freight
transportation research needs;
``(3) a representative of a State department of
transportation;
``(4) a representative of a local government (other than a
metropolitan planning organization);
``(5) a representative of a metropolitan planning
organization;
``(6) a representative of the trucking industry;
``(7) a representative of the railroad industry;
``(8) a representative of the port industry;
``(9) a representative of logistics industry;
``(10) a representative of shipping industry;
``(11) a representative of a safety advocacy group with
expertise in freight transportation;
``(12) an academic expert on multimodal freight
transportation;
``(13) an academic expert on the contributions of freight
movement to greenhouse gas emissions; and
``(14) representatives of labor organizations representing
workers in freight transportation.
``(d) Elements.--The national cooperative multimodal
freight transportation research program established under
this section shall include the following elements:
``(1) National research agenda.--The advisory committee
under subsection (c), in consultation with interested
parties, shall recommend a national research agenda for the
program established in this section.
``(2) Involvement.--Interested parties may--
``(A) submit research proposals to the advisory committee;
``(B) participate in merit reviews of research proposals
and peer reviews of research products; and
``(C) receive research results.
``(3) Open competition and peer review of research
proposals.--The National Academy of Sciences may award
research contracts and grants under the program through open
competition and merit review conducted on a regular basis.
``(4) Evaluation of research.--
``(A) Peer review.--Research contracts and grants under the
program may allow peer review of the research results.
``(B) Programmatic evaluations.--The National Academy of
Sciences shall conduct periodic programmatic evaluations on a
regular basis of research contracts and grants.
``(5) Dissemination of research findings.--
``(A) In general.--The National Academy of Sciences shall
disseminate research findings to researchers, practitioners,
and decisionmakers, through conferences and seminars, field
demonstrations, workshops, training programs, presentations,
testimony to government officials, a public website for the
National Academy of Sciences, publications for the general
public, and other appropriate means.
``(B) Report.--Not more than 18 months after the date of
enactment of this section, and annually thereafter, the
Secretary shall make available on a public website a report
that describes the ongoing research and findings of the
program.
``(e) Contents.--The national research agenda under
subsection (d)(1) shall include--
``(1) techniques and tools for estimating and identifying
both quantitative and qualitative public benefits derived
from multimodal freight transportation projects, including--
``(A) greenhouse gas emissions reduction;
``(B) congestion reduction; and
``(C) safety benefits;
``(2) the impact of freight delivery vehicles, including
trucks, railcars, and non-motorized vehicles, on congestion
in urban and rural areas;
``(3) the impact of both centralized and disparate origins
and destinations on freight movement;
``(4) the impacts of increasing freight volumes on
transportation planning, including--
[[Page H2775]]
``(A) first-mile and last-mile challenges to multimodal
freight movement;
``(B) multimodal freight travel in both urban and rural
areas; and
``(C) commercial motor vehicle parking and rest areas;
``(5) the effects of Internet commerce and accelerated
delivery speeds on freight movement and increased commercial
motor vehicle volume, including impacts on--
``(A) safety on public roads;
``(B) congestion in both urban and rural areas;
``(C) first-mile and last-mile challenges and
opportunities;
``(D) the environmental impact of freight transportation,
including on air quality and on greenhouse gas emissions; and
``(E) vehicle miles-traveled by freight-delivering
vehicles;
``(6) the impacts of technological advancements in freight
movement, including impacts on--
``(A) congestion in both urban and rural areas;
``(B) first-mile and last-mile challenges and
opportunities; and
``(C) vehicle miles-traveled;
``(7) methods and best practices for aligning multimodal
infrastructure improvements with multimodal freight
transportation demand, including improvements to the National
Multimodal Freight Network under section 70103; and
``(8) other research areas to identify and address current,
emerging, and future needs related to multimodal freight
transportation.
``(f) Funding.--
``(1) Federal share.--The Federal share of the cost of an
activity carried out under this section shall be 100 percent.
``(2) Period of availability.--Amounts made available to
carry out this section shall remain available until expended.
``(g) Definition of Greenhouse Gas.--In this section, the
term `greenhouse gas' has the meaning given such term in
section 211(o)(1) of the Clean Air Act (42 U.S.C.
7545(o)(1)).''.
(b) Clerical Amendment.--The analysis for chapter 702 of
title 49, United States Code, is amended by adding at the end
the following new item:
``70205. National cooperative multimodal freight transportation
research program.''.
SEC. 5107. WILDLIFE-VEHICLE COLLISION REDUCTION AND HABITAT
CONNECTIVITY IMPROVEMENT.
(a) Study.--
(1) In general.--The Secretary of Transportation shall
conduct a study examining 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 required under paragraph (1)
shall--
(i) update and expand on, as appropriate--
(I) the report titled ``Wildlife Vehicle Collision
Reduction Study: 2008 Report to Congress'': and
(II) the document titled ``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 required under
paragraph (1), 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 this Act, the Secretary shall submit to Congress
a report on the results of the study required under paragraph
(1).
(B) Contents.--The report required 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 to develop, for each State that agrees to
participate, a voluntary joint statewide transportation and
wildlife action plan.
(C) Purposes.--The purpose of the guidance described in
subparagraph (B)(iv) shall be--
(i) to address wildlife-vehicle collisions; and
(ii) to improve habitat connectivity for terrestrial and
aquatic species.
(D) Consultation.--The Secretary shall develop the guidance
described under subparagraph (B)(iv) in consultation with--
(i) Federal land management agencies;
(ii) State departments of transportation;
(iii) State fish and wildlife agencies; and
(iv) Tribal governments.
(b) Standardization of Wildlife Collision and Carcass
Data.--
(1) Standardization methodology.--
(A) In general.--The Secretary of Transportation, acting
through the Administrator of the Federal Highway
Administration, shall develop a quality standardized
methodology for collecting and reporting spatially accurate
wildlife collision and carcass data for the National Highway
System, taking into consideration 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 such 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 such term is
defined in section 134(b) of title 23, United States Code);
(v) members of the American Association of State Highway
and 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) for States, metropolitan
planning organizations, and additional relevant
transportation stakeholders.
(3) Reports.--
(A) Methodology.--The Secretary shall submit to Congress a
report describing the development of the standardized
methodology required under paragraph (1) not later than--
(i) the date that is 18 months after the date of enactment
of this Act; and
(ii) the date that is 180 days after the date on which the
Secretary completes the development of such standardized
methodology.
(B) Implementation.--Not later than 3 years after the date
of enactment of this Act, 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.
(c) National Threshold Guidance.--The Secretary of
Transportation 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 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
[[Page H2776]]
highway on the movements and migrations of those species.
(d) Workforce Development and Technical Training.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, 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.
(e) Wildlife Habitat Connectivity and National Bridge and
Tunnel Inventory and Inspection Standards.--Section 144 of
title 23, United States Code, is amended in subsection
(a)(2)--
(1) in subparagraph (B) by inserting ``, resilience,''
after ``safety'';
(2) in subparagraph (D) by striking ``and'' at the end;
(3) in subparagraph (E) by striking the period at the end
and inserting ``; and''; and
(4) by adding at the end the following:
``(F) to ensure adequate passage of aquatic and terrestrial
species, where appropriate.'';
SEC. 5108. RESEARCH ACTIVITIES.
Section 330(g) of title 49, United States Code, is amended
by striking ``each of fiscal years 2016 through 2020'' and
inserting ``each of fiscal years 2022 through 2025''.
SEC. 5109. INNOVATIVE MATERIAL INNOVATION HUBS.
(a) Establishment.--
(1) In general.--The Secretary of Transportation shall
carry out a program to enhance the development of innovative
materials in the United States by making awards to consortia
for establishing and operating Hubs (to be known as
``Innovative Material Innovation Hubs'') to conduct and
support multidisciplinary, collaborative research,
development, demonstration, standardized design development,
and commercial application of innovative materials.
(2) Coordination.--The Secretary shall ensure the
coordination of, and avoid duplication of, the activities of
each Hub with the activities of--
(A) other research entities of the Department of
Transportation, including the Federal Highway Administration;
and
(B) research entities of other Federal agencies, as
appropriate.
(b) Competitive Selection Process.--
(1) Eligibility.--To be eligible to receive an award for
the establishment and operation of a Hub under subsection
(a)(1), a consortium shall--
(A) be composed of not fewer than 2 qualifying entities;
(B) operate subject to a binding agreement, entered into by
each member of the consortium, that documents--
(i) the proposed partnership agreement, including the
governance and management structure of the Hub;
(ii) measures the consortium will undertake to enable cost-
effective implementation of activities under the program
described in subsection (a)(1); and
(iii) a proposed budget, including financial contributions
from non-Federal sources; and
(C) operate as a nonprofit organization.
(2) Application.--
(A) In general.--A consortium seeking to establish and
operate a Hub under subsection (a)(1) shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require,
including a detailed description of--
(i) each element of the consortium agreement required under
paragraph (1)(B); and
(ii) any existing facilities the consortium intends to use
for Hub activities.
(B) Requirement.--If the consortium members will not be
located at 1 centralized location, the application under
subparagraph (A) shall include a communications plan that
ensures close coordination and integration of Hub activities.
(3) Selection.--
(A) In general.--The Secretary shall select consortia for
awards for the establishment and operation of Hubs through a
competitive selection process.
(B) Considerations.--In selecting consortia under
subparagraph (A), the Secretary shall consider--
(i) any existing facilities a consortium has identified to
be used for Hub activities;
(ii) maintaining geographic diversity in locations of
selected Hubs;
(iii) the demonstrated ability of the recipient to conduct
and support multidisciplinary, collaborative research,
development, demonstration, standardized design development,
and commercial application of innovative materials;
(iv) the demonstrated research, technology transfer, and
education resources available to the recipient to carry out
this section;
(v) the ability of the recipient to provide leadership in
solving immediate and long-range national and regional
transportation problems related to innovative materials;
(vi) the demonstrated ability of the recipient to
disseminate results and spur the implementation of
transportation research and education programs through
national or statewide continuing education programs;
(vii) the demonstrated commitment of the recipient to the
use of peer review principles and other research best
practices in the selection, management, and dissemination of
research projects;
(viii) the performance metrics to be used in assessing the
performance of the recipient in meeting the stated research,
technology transfer, education, and outreach goals; and
(ix) the ability of the recipient to implement the proposed
program in a cost-efficient manner, including through cost
sharing and overall reduced overhead, facilities, and
administrative costs.
(4) Transparency.--
(A) In general.--The Secretary shall provide to each
applicant, upon request, any materials, including copies of
reviews (with any information that would identify a reviewer
redacted), used in the evaluation process of the proposal of
the applicant.
(B) Reports.--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 report describing the overall review
process under paragraph (2), given the considerations under
paragraph (3), that includes--
(i) specific criteria of evaluation used in the review;
(ii) descriptions of the review process; and
(iii) explanations of the selected awards.
(c) Authorization.--There is authorized to be appropriated
to carry out this section such sums as may be necessary and
such sums shall remain available for a period of 3 years
after the last day of the fiscal year in which such sums were
made available.
(d) Hub Operations.--
(1) In general.--Each Hub shall conduct, or provide for,
multidisciplinary, collaborative research, development,
demonstration, and commercial application of innovative
materials.
(2) Activities.--Each Hub shall--
(A) encourage collaboration and communication among the
member qualifying entities of the consortium, as described in
subsection (b)(1), and awardees;
(B) develop and publish proposed plans and programs on a
publicly accessible website;
(C) submit to the Department of Transportation an annual
report summarizing the activities of the Hub, including
information--
(i) detailing organizational expenditures; and
(ii) describing each project undertaken by the Hub, as it
relates to conducting and supporting multidisciplinary,
collaborative research, development, demonstration,
standardized design development, and commercial application
of innovative materials; and
(D) monitor project implementation and coordination.
(3) Conflicts of interest.--Each Hub shall maintain
conflict of interest procedures, consistent with the conflict
of interest procedures of the Department of Transportation.
(4) Prohibition on construction and renovation.--
(A) In general.--No funds provided under this section may
be used for construction or renovation of new buildings, test
beds, or additional facilities for Hubs.
(B) Non-federal share.--Construction of new buildings or
facilities shall not be considered as part of the non-Federal
share of a Hub cost-sharing agreement.
(e) Applicability.--The Secretary shall administer this
section in accordance with section 330 of title 49, United
States Code.
(f) Definitions.--In this section:
(1) Hub.--The term ``Hub'' means an Innovative Material
Innovation Hub established under this section.
(2) Qualifying entity.--The term ``qualifying entity''
means--
(A) an institution of higher education (as such term is
defined in section 101(a) of the Higher Education Act of 1965
(20 U.S.C. 1001(a)));
(B) an appropriate Federal or State entity, including a
federally funded research and development center of the
Department of Transportation;
(C) a university transportation center under section 5505
of title 49, United States Code; and
(D) a research and development entity in existence on the
date of enactment of this Act focused on innovative materials
that the Secretary determines to be similar in scope and
intent to a Hub under this section.
(3) Innovative material.--The term ``innovative material'',
with respect to an infrastructure project, includes materials
or combinations and processes for use of materials that
enhance the overall service life, sustainability, and
resiliency of the project or provide ancillary benefits
relative to widely adopted state of practice technologies, as
determined by the Secretary.
SEC. 5110. STRATEGIC TRANSPORTATION RESEARCH AGENDA.
(a) In General.--Subchapter 1 of chapter 55 of title 49,
United States Code, as amended, is further amended by adding
at the end the following:
``SEC. 5509. STRATEGIC TRANSPORTATION RESEARCH AGENDA.
``(a) In General.--Not later than 1 year after the date of
enactment of this section, the Secretary shall enter into an
agreement with the National Academies to undertake a study of
the research needs of the surface transportation system to
fully adapt and integrate advanced technologies and
innovation. The focus areas of the study shall include--
``(1) connected and autonomous technologies;
``(2) incorporating safety-related technologies;
``(3) addressing infrastructure resiliency;
``(4) multimodal connectivity;
``(5) data gathering of travel behavior, including the
public's short and long-term responses to transformational
technologies;
``(6) impacts of private-sector transportation product
development on society and the traditional research
enterprise;
``(7) support for a public-sector culture of transportation
innovation and acceleration of
[[Page H2777]]
federally funded research into practice, codes, and
standards; and
``(8) fostering development of transportation educators and
transportation professionals.
``(b) Report.--The agreement entered into under this
section shall require the National Academies to submit to
Congress a report containing the results of the study not
later than 2 years after the date of enactment of this
section.
``(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $1,500,000 for
fiscal year 2022.''.
(b) Conforming Amendment.--The analysis for chapter 55 of
title 49, United States Code, is further amended by adding at
the end the following:
``5509. Strategic transportation research agenda.''.
SEC. 5111. ADVANCED TRANSPORTATION RESEARCH AND INNOVATION
PROGRAM.
(a) In General.--Subchapter I of chapter 55 of title 49,
United States Code, as amended, is further amended by adding
at the end the following:
``Sec. 5510. Advanced transportation research and innovation
program.
``(a) Establishment.--The Secretary of Transportation shall
establish an advanced transportation research and innovation
program, to be administered by the Assistant Secretary of
Research and Technology, to--
``(1) support research that addresses the long-term
barriers to development of advanced transportation
technologies with the potential to meet the Nation's long-
term safety, competitiveness, and transportation goals;
``(2) support high-risk research and development to
accelerate transformational transportation innovations and
emerging technology development;
``(3) advance research and development that improves the
resilience of regions of the United States to natural
disasters, extreme weather, and the effects of climate change
on modal and multimodal transportation and infrastructure;
``(4) leverage Federal interagency research mechanisms and
the academic research enterprise;
``(5) educate and train students in science, technology,
engineering, and mathematics fields to conduct research and
standards development relevant to transportation
technologies, materials, systems, operations, processes, and
policies; and
``(6) fostering collaboration among federal researchers and
academic researchers.
``(b) Collaboration.--
``(1) Interagency collaboration.--In carrying out this
section, the Secretary shall collaborate on, identify, and
disseminate within the Department, as appropriate, advanced
transportation research, development, and other activities of
other Federal agencies, including the Office of Science and
Technology Policy, the National Science Foundation, the
Department of Energy, the National Institute of Standards and
Technology, the Department of Homeland Security, the National
Aeronautics and Space Administration, the National Oceanic
and Atmospheric Administration, and the Department of Defense
to ensure the Department's research investments are making
the best possible contribution to the Nation's goals of
public health and safety, economic prosperity, national
security, environmental quality, and a diverse transportation
workforce.
``(2) Non-governmental collaboration.--In carrying out this
section, the Secretary shall collaborate with labor
organizations, as appropriate.
``(c) Research Grants.--In carrying out this section, the
Secretary may carry out the activities described under
subsection (a) through--
``(1) competitive, merit-based basic research grants to
individual investigators and teams of investigators; and
``(2) centers of excellence selected through a competitive,
merit-based process.
``(d) Application.--
``(1) In general.--An investigator, team of investigators,
or an institution of higher education (or consortium thereof)
seeking funding under this section shall submit an
application to the Secretary at such time, in such manner,
and containing such information as the Secretary may require.
``(2) Research centers.--Each application under paragraph
(1) from an institution of higher education (or consortium
thereof) shall include a description of how the Center will
promote multidisciplinary transportation research and
development collaboration.
``(e) Research.--At a minimum, the Secretary shall award 75
percent of awards under this program to projects for basic
research.
``(f) Review.--Not later than September 30, 2025, the
Secretary shall enter into an agreement with the National
Academies to conduct a review of the research and activities
carried out under this program and assess whether such
activities are consistent with subsection (a). Members of the
review panel shall represent, at a minimum, multimodal
surface transportation researchers and practitioners.
``(g) Report.--Not later than 1 year after the date of
enactment of the INVEST in America Act, and biennially
thereafter, the Secretary shall provide to the Committee on
Commerce, Science, and Transportation and Environment and
Public Works of the Senate and the Committee on
Transportation and Infrastructure and the Committee on
Science, Space, and Technology of the House of
Representatives a report on implementation of the program
under this section and research areas that the program will
support.
``(h) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $25,000,000 for
each of fiscal years 2022 through 2025.''.
(b) Conforming Amendment.--The analysis for chapter 55 of
title 49, United States Code, is further amended by adding at
the end the following:
``5510. Advanced transportation research and innovation program.''.
Subtitle B--Technology Deployment
SEC. 5201. TECHNOLOGY AND INNOVATION DEPLOYMENT PROGRAM.
Section 503(c) of title 23, United States Code, is
amended--
(1) in paragraph (1)--
(A) in subparagraph (A) by inserting ``, while considering
the impacts on jobs'' after ``transportation community'';
(B) in subparagraph (D) by striking ``; and'' and inserting
a semicolon;
(C) in subparagraph (E) by striking the period and
inserting ``; and''; and
(D) by adding at the end the following:
``(F) reducing greenhouse gas emissions and limiting the
effects of climate change.''; and
(2) in paragraph (2)(A) by striking the period and
inserting ``and findings from the materials to reduce
greenhouse gas emissions program under subsection (d).''.
SEC. 5202. ACCELERATED IMPLEMENTATION AND DEPLOYMENT OF
PAVEMENT TECHNOLOGIES.
Section 503(c)(3) of title 23, United States Code, is
amended--
(1) in subparagraph (B)--
(A) in clause (v) by striking ``; and'' and inserting a
semicolon;
(B) in clause (vi) by striking the period and inserting ``;
and''; and
(C) by adding at the end the following:
``(vii) the deployment of innovative pavement designs,
materials, and practices that reduce or sequester the amount
of greenhouse gas emissions generated during the production
of highway materials and the construction of highways, with
consideration for findings from the materials to reduce
greenhouse gas emissions program under subsection (d).'';
(2) in subparagraph (C) by striking ``fiscal years 2016
through 2020'' and inserting ``fiscal years 2022 through
2025''; and
(3) in subparagraph (D)(ii)--
(A) in subclause (III) by striking ``; and'' and inserting
a semicolon;
(B) in subclause (IV) by striking the period and inserting
a semicolon; and
(C) 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;
``(X) integration of renewable energy in pavement designs;
and
``(XI) greenhouse gas emissions reduction, including
findings from the materials to reduce greenhouse gas
emissions program under subsection (d).''.
SEC. 5203. FEDERAL HIGHWAY ADMINISTRATION EVERY DAY COUNTS
INITIATIVE.
(a) In General.--Chapter 5 of title 23, United States Code,
is amended by adding at the end the following:
``Sec. 520. Every Day Counts initiative
``(a) In General.--It is in the national interest for the
Department of Transportation, State departments of
transportation, and all other recipients of Federal surface
transportation funds--
``(1) to identify, accelerate, and deploy innovation aimed
at expediting project delivery;
``(2) enhancing the safety of the roadways of the United
States, and protecting the environment;
``(3) to ensure that the planning, design, engineering,
construction, and financing of transportation projects is
done in an efficient and effective manner;
``(4) to promote the rapid deployment of proven solutions
that provide greater accountability for public investments
and encourage greater private sector involvement; and
``(5) to create a culture of innovation within the highway
community.
``(b) Every Day Counts Initiative.--To advance the policy
described in subsection (a), the Administrator of the Federal
Highway Administration shall continue the Every Day Counts
initiative to work with States, local transportation
agencies, all other recipients of Federal surface
transportation funds, and industry stakeholders, including
labor representatives, to identify and deploy proven
innovative practices and products that--
``(1) accelerate innovation deployment;
``(2) expedite the project delivery process;
``(3) improve environmental sustainability;
``(4) enhance roadway safety;
``(5) reduce congestion; and
``(6) reduce greenhouse gas emissions.
``(c) Considerations.--In carrying out the Every Day Counts
initiative, the Administrator shall consider any innovative
practices and products in accordance with subsections (a) and
(b), including--
``(1) research results from the university transportation
centers program under section 5505 of title 49; and
``(2) results from the materials to reduce greenhouse gas
emissions program in section 503(d).
``(d) Innovation Deployment.--
``(1) In general.--At least every 2 years, the
Administrator shall work collaboratively with stakeholders to
identify a new collection of innovations, best practices, and
data to be deployed to highway stakeholders through case
studies, outreach, and demonstration projects.
``(2) Requirements.--In identifying a collection described
in paragraph (1), the Secretary
[[Page H2778]]
shall take into account market readiness, impacts, benefits,
and ease of adoption of the innovation or practice.
``(e) Publication.--Each collection identified under
subsection (d) shall be published by the Administrator on a
publicly available website.
``(f) Funding.--The Secretary may use funds made available
to carry out section 503(c) to carry out this section.''.
(b) Clerical Amendment.--The analysis for chapter 5 of
title 23, United States Code, is amended by adding at the end
the following new item:
``520. Every Day Counts initiative.''.
(c) Repeal.--Section 1444 of the FAST Act (23 U.S.C. 101
note), and the item related to such section in the table of
contents in section 1(b) of such Act, are repealed.
Subtitle C--Emerging Technologies
SEC. 5301. SAFE, EFFICIENT MOBILITY THROUGH ADVANCED
TECHNOLOGIES.
Section 503(c)(4) of title 23, United States Code, is
amended--
(1) in subparagraph (A)--
(A) by striking ``Not later than 6 months after the date of
enactment of this paragraph, the'' and inserting ``The'';
(B) by striking ``establish an advanced transportation and
congestion management technologies deployment'' and inserting
``establish a safe, efficient mobility through advanced
technologies'';
(C) by inserting ``mobility,'' before ``efficiency,''; and
(D) by inserting ``environmental impacts,'' after ``system
performance,'';
(2) in subparagraph (B)--
(A) by striking clause (i) and inserting the following:
``(i) reduce costs, improve return on investments, and
improve person throughput and mobility, including through the
optimization of existing transportation capacity;'';
(B) in clause (iv) by inserting ``bicyclist and'' before
``pedestrian'';
(C) in clause (vii) by striking ``; or'' and inserting a
semicolon;
(D) in clause (viii)--
(i) by striking ``accelerate'' and inserting ``prepare
for''; and
(ii) by striking the period and inserting ``; or''; and
(E) by adding at the end the following:
``(ix) reduce greenhouse gas emissions and limit the
effects of climate change.'';
(3) in subparagraph (C)--
(A) in clause (ii)(II)(aa) by striking ``congestion'' and
inserting ``congestion and delays, greenhouse gas
emissions''; and
(B) by adding at the end the following:
``(iii) Considerations.--An application submitted under
this paragraph may include a description of how the proposed
project would support the national goals described in section
150(b), the achievement of metropolitan and statewide targets
established under section 150(d), or the improvement of
transportation system access consistent with section 150(f),
including through--
``(I) the congestion and on-road mobile-source emissions
performance measure established under section 150(c)(5); or
``(II) the greenhouse gas emissions performance measure
established under section 150(c)(7).'';
(4) in subparagraph (D) by adding at the end the following:
``(iv) Prioritization.--In awarding a grant under this
paragraph, the Secretary shall prioritize projects that, in
accordance with the criteria described in subparagraph (B)--
``(I) improve person throughput and mobility, including
through the optimization of existing transportation capacity;
``(II) deliver environmental benefits;
``(III) reduce the number and severity of traffic accidents
and increase driver, passenger, and bicyclist and pedestrian
safety; or
``(IV) reduce greenhouse gas emissions.
``(v) Grant distribution.--The Secretary shall award not
fewer than 3 grants under this paragraph based on the
potential of the project to reduce the number and severity of
traffic crashes and increase, driver, passenger, and
bicyclist and pedestrian safety.'';
(5) in subparagraph (E)--
(A) in clause (vi)--
(i) by inserting ``, vehicle-to-pedestrian,'' after
``vehicle-to-vehicle''; and
(ii) by inserting ``systems to improve vulnerable road user
safety,'' before ``technologies associated with'' ; and
(B) in clause (ix) by inserting ``, including activities
under section 5316 of title 49'' after ``disabled
individuals'';
(6) by striking subparagraph (G) and inserting the
following:
``(G) Reporting.--
``(i) Applicability of law.--The program under this
paragraph shall be subject to the accountability and
oversight requirements in section 106(m).
``(ii) Report.--Not later than 1 year after the date that
the first grant is awarded under this paragraph, and each
year thereafter, the Secretary shall make available to the
public on a website a report that describes the effectiveness
of grant recipients in meeting their projected deployment
plans, including data provided under subparagraph (F) on how
the program has--
``(I) reduced traffic-related fatalities and injuries;
``(II) reduced traffic congestion and improved travel time
reliability;
``(III) reduced transportation-related emissions;
``(IV) optimized multimodal system performance;
``(V) improved access to transportation alternatives;
``(VI) provided the public with access to real-time
integrated traffic, transit, and multimodal transportation
information to make informed travel decisions;
``(VII) provided cost savings to transportation agencies,
businesses, and the traveling public;
``(VIII) created or maintained transportation jobs and
supported transportation workers; or
``(IX) provided other benefits to transportation users and
the general public.
``(iii) Considerations.--If applicable, the Secretary shall
ensure that the activities described in subclauses (I) and
(IV) of clause (ii) reflect--
``(I) any information described in subparagraph (C)(iii)
that is included by an applicant; or
``(II) the project prioritization guidelines under
subparagraph (D)(iv).'';
(7) in subparagraph (I) by striking ``(i) In general'' and
all that follows through ``the Secretary may set aside'' and
inserting ``Of the amounts made available to carry out this
paragraph, the Secretary may set aside'';
(8) in subparagraph (J) by striking the period at the end
and inserting ``, except that the Federal share of the cost
of a project for which a grant is awarded under this
paragraph shall not exceed 80 percent.'';
(9) in subparagraph (K) by striking ``amount described
under subparagraph (I)'' and inserting ``funds made available
to carry out this paragraph'';
(10) by striking subparagraph (M) and inserting the
following:
``(M) Grant flexibility.--If, by August 1 of each fiscal
year, the Secretary determines that there are not enough
grant applications that meet the requirements described in
subparagraph (C) to carry out this paragraph for a fiscal
year, the Secretary shall transfer to the technology and
innovation deployment program--
``(i) any of the funds made available to carry out this
paragraph in a fiscal year that the Secretary has not yet
awarded under this paragraph; and
``(ii) an amount of obligation limitation equal to the
amount of funds that the Secretary transfers under clause
(i).''; and
(11) in subparagraph (N)--
(A) in clause (i) by inserting ``an urbanized area with''
before ``a population of''; and
(B) in clause (iii) by striking ``a any'' and inserting
``any''.
SEC. 5302. INTELLIGENT TRANSPORTATION SYSTEMS PROGRAM.
(a) Use of Funds for ITS Activities.--Section 513(c)(1) of
title 23, United States Code, is amended by inserting
``greenhouse gas emissions reduction,'' before ``and
congestion management''.
(b) Goals and Purposes.--Section 514(a) of title 23, United
States Code, is amended--
(1) in paragraph (6) by striking ``national freight policy
goals'' and inserting ``national multimodal freight policy
goals and activities described in subtitle IX of title 49'';
(2) by redesignating paragraphs (4), (5), and (6) as
paragraphs (5), (6), and (7), respectively; and
(3) by inserting after paragraph (3) the following:
``(4) reduction of greenhouse gas emissions and mitigation
of the effects of climate change;''.
(c) General Authorities and Requirements.--Section 515(h)
of title 23, United States Code, is amended--
(1) in paragraph (2)--
(A) by striking ``20 members'' and inserting ``25
members'';
(B) in subparagraph (A) by striking ``State highway
department'' and inserting ``State department of
transportation'';
(C) in subparagraph (B) by striking ``local highway
department'' and inserting ``local department of
transportation'';
(D) by striking subparagraphs (E), (F), (G), (H), (I), and
(J) and inserting the following:
``(E) a private sector representative of the intelligent
transportation systems industry;
``(F) a representative from an advocacy group concerned
with safety, including bicycle and pedestrian interests;
``(G) a representative from a labor organization; and'';
(E) by redesignating subparagraph (K) as subparagraph (H);
and
(F) by striking subparagraph (L);
(2) in paragraph (3)--
(A) in subparagraph (A) by striking ``section 508'' and
inserting ``section 6503 of title 49'';
(B) in subparagraph (B)--
(i) in clause (ii)--
(I) by inserting ``in both urban and rural areas'' after
``by users''; and
(II) by striking ``; and'' and inserting a semicolon;
(ii) in clause (iii) by striking the period and inserting
``; and''; and
(iii) by adding at the end the following:
``(iv) assess how Federal transportation resources,
including programs under this title, are being used to
advance intelligent transportation systems.''; and
(C) by adding at the end the following:
``(C) Convene not less frequently than twice each year,
either in person or remotely.'';
(3) in paragraph (4) by striking ``May 1'' and inserting
``April 1''; and
(4) in paragraph (5) by inserting ``, except that section
14 of such Act shall not apply'' before the period at the
end.
(d) Research and Development.--Section 516(b) of title 23,
United States Code, is amended--
(1) by redesignating paragraphs (5), (6), and (7) as
paragraphs (6), (7), and (8), respectively; and
(2) by inserting after paragraph (4) the following:
``(5) demonstrate reductions in greenhouse gas
emissions;''.
[[Page H2779]]
SEC. 5303. NATIONAL HIGHLY AUTOMATED VEHICLE AND MOBILITY
INNOVATION CLEARINGHOUSE.
(a) In General.--Subchapter I of chapter 55 of title 49,
United States Code, is further amended by adding at the end
the following:
``Sec. 5507. National highly automated vehicle and mobility
innovation clearinghouse
``(a) In General.--The Secretary shall make a grant to an
institution of higher education engaged in research on the
secondary impacts of highly automated vehicles and mobility
innovation to--
``(1) operate a national highly automated vehicle and
mobility innovation clearinghouse;
``(2) collect, conduct, and fund research on the secondary
impacts of highly automated vehicles and mobility innovation;
``(3) make such research available on a public website; and
``(4) conduct outreach and dissemination of the information
described in this subsection to assist communities.
``(b) Definitions.--In this section:
``(1) Highly automated vehicle.--The term `highly automated
vehicle' means a motor vehicle that--
``(A) is capable of performing the entire task of driving
(including steering, accelerating and decelerating, and
reacting to external stimulus) without human intervention;
and
``(B) is designed to be operated exclusively by a Level 3,
Level 4, or Level 5 automated driving system for all trips
according to the recommended practice standards published on
June 15, 2018, by the Society of Automotive Engineers
International (J3016_201806) or equivalent standards adopted
by the Secretary with respect to automated motor vehicles.
``(2) Mobility innovation.--The term `mobility innovation'
means an activity described in section 5316, including
mobility on demand and mobility as a service (as such terms
are defined in such section).
``(3) Institution of higher education .--The term
`institution of higher education' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
``(4) Secondary impacts.--The term `secondary impacts'
means the impacts on land use, urban design, transportation,
real estate, accessibility, municipal budgets, social equity,
availability and quality of jobs, and the environment.''.
(b) Clerical Amendment.--The analysis for chapter 55 of
title 49, United States Code, is amended by inserting after
the item relating to section 5506, as added by this Act, the
following:
``5507. National highly automated vehicle and mobility innovation
clearinghouse.''.
(c) Deadline for Clearinghouse.--The Secretary of
Transportation shall ensure that the institution of higher
education that receives the grant described in section
5507(a)(1) of title 49, United States Code, as added by
subsection (a), shall establish the national highly automated
vehicle clearinghouse described in such section not later
than 180 days after the date of enactment of this Act.
SEC. 5304. STUDY ON SAFE INTERACTIONS BETWEEN AUTOMATED
VEHICLES AND ROAD USERS.
(a) Purpose.--The purpose of this section shall be to
ensure that the increasing deployment of automated vehicles
does not jeopardize the safety of road users.
(b) Study.--
(1) Establishment.--Not later than 9 months after the date
of enactment of this Act, the Secretary of Transportation
shall initiate a study on the ability of automated vehicles
to safely interact with other road users.
(2) Contents.--In carrying out the study under paragraph
(1), the Secretary shall--
(A) examine the ability of automated vehicles to safely
interact with general road users, including vulnerable road
users;
(B) identify barriers to improving the safety of
interactions between automated vehicles and general road
users; and
(C) issue recommendations to improve the safety of
interactions between automated vehicles and general road
users, including, at a minimum--
(i) technology advancements with the potential to
facilitate safer interactions between automated vehicles and
general road users given the safety considerations in
paragraph (3);
(ii) road user public awareness; and
(iii) improvements to transportation planning and road
design.
(3) Considerations.--In carrying out the study under
paragraph (1), the Secretary shall take into consideration
whether automated vehicles can safely operate within the
surface transportation system, including--
(A) the degree to which ordinary human behaviors make it
difficult for an automated vehicle to safely, reliably
predict human actions;
(B) unique challenges for automated vehicles in urban and
rural areas;
(C) the degree to which an automated vehicle is capable of
uniformly recognizing and responding to individuals with
disabilities and individuals of different sizes, ages, races,
and other varying characteristics;
(D) for bicyclist, motorcyclist, and pedestrian road
users--
(i) the varying and non-standardized nature of bicyclist
and pedestrian infrastructure in different locations;
(ii) the close proximity to motor vehicles within which
bicyclists often operate, including riding in unprotected
bike lanes and crossing lanes to make a left turn, and the
risk of such close proximity; and
(iii) roadways that lack marked bicyclist infrastructure,
particularly in midsized and rural areas, on which bicyclists
often operate;
(E) for motorcyclist road users, the close proximity to
other motor vehicles within which motorcyclists operate,
including lane splitting; and
(F) depending on the level of automation of the vehicle,
the degree to which human intervention remains necessary to
safely operate an automated vehicle to ensure the safety of
general road users in circumstances including--
(i) dangerous weather;
(ii) an electronic or system malfunction of the automated
vehicle; and
(iii) a cybersecurity threat to the operation of the
vehicle.
(4) Public comment.--Before conducting the study under
paragraph (1), the Secretary shall provide an opportunity for
public comment on the study proposal.
(c) Working Group.--
(1) Establishment.--Not later than 6 months after the date
of enactment of this Act, the Secretary of Transportation
shall establish a working group to assist in the development
of the study and recommendations under subsection (b).
(2) Membership.--The working group established under
paragraph (1) shall include representation from--
(A) the National Highway Traffic Safety Administration;
(B) State departments of transportation;
(C) local governments (other than metropolitan planning
organizations, as such term is defined in section 134(b) of
title 23, United States Code);
(D) transit agencies;
(E) metropolitan planning organizations (as such term is
defined in section 134(b) of title 23, United States Code);
(F) bicycle and pedestrian safety groups;
(G) highway and automobile safety groups;
(H) truck safety groups;
(I) law enforcement officers and first responders;
(J) motor carriers and independent owner-operators;
(K) the road construction industry;
(L) labor organizations;
(M) academic experts on automated vehicle technologies;
(N) manufacturers and developers of both passenger and
commercial automated vehicles;
(O) a motorcyclist rights group; and
(P) other industries and entities as the Secretary
determines appropriate.
(3) Duties.--The working group established under paragraph
(1) shall assist the Secretary by, at a minimum--
(A) assisting in the development of the scope of the study
under subsection (b);
(B) reviewing the data and analysis from such study;
(C) provide ongoing recommendations and feedback to ensure
that such study reflects the contents described in paragraphs
(2) and (3) of subsection (b); and
(D) providing input to the Secretary on recommendations
required under subsection (b)(2)(C).
(4) Applicability of the federal advisory committee act.--
The working group under this subsection shall be subject to
the Federal Advisory Committee Act (5 U.S.C. App.), except
that section 14 of such Act shall not apply.
(d) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary of Transportation shall
submit to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate, and make
publicly available, the study initiated under subsection (b),
including recommendations for ensuring that automated
vehicles safely interact with general road users.
(e) Definitions.--In this section:
(1) Automated vehicle.--The term ``automated vehicle''
means a motor vehicle equipped with Level 3, Level 4, or
Level 5 automated driving systems for all trips according to
the recommended practice standards published on June 15, 2018
by the Society of Automotive Engineers International
(J3016_201806) or equivalent standards adopted by the
Secretary with respect to automated motor vehicles.
(2) General road users.--The term ``general road users''
means--
(A) motor vehicles driven by individuals;
(B) bicyclists and pedestrians;
(C) motorcyclists;
(D) workers in roadside construction zones;
(E) emergency response vehicles, including first
responders;
(F) vehicles providing local government services, including
street sweepers and waste collection vehicles;
(G) law enforcement officers;
(H) personnel who manually direct traffic, including
crossing guards;
(I) users of shared micromobility (including bikesharing
and shared scooter systems); and
(J) other road users that may interact with automated
vehicles, as determined by the Secretary of Transportation.
(3) Vulnerable road user.--The term ``vulnerable road
user'' has the meaning given such term in section 148(a) of
title 23, United States Code.
SEC. 5305. NONTRADITIONAL AND EMERGING TRANSPORTATION
TECHNOLOGY COUNCIL.
(a) In General.--Chapter 1 of title 49, United States Code,
is amended by adding at the end the following:
``Sec. 118. Nontraditional and Emerging Transportation
Technology Council
``(a) Establishment.--The Secretary of Transportation shall
establish a Nontraditional and Emerging Transportation
Technology Council (hereinafter referred to as the `Council')
in accordance with this section.
``(b) Membership.--
``(1) In general.--The Council shall be composed of the
following officers of the Department of Transportation:
[[Page H2780]]
``(A) The Secretary of Transportation.
``(B) The Deputy Secretary of Transportation.
``(C) The Under Secretary of Transportation for Policy.
``(D) The General Counsel of the Department of
Transportation.
``(E) The Chief Information Officer of the Department of
Transportation.
``(F) The Assistant Secretary for Research and Technology.
``(G) The Assistant Secretary for Budget and Programs.
``(H) The Administrator of the Federal Aviation
Administration.
``(I) The Administrator of the Federal Highway
Administration.
``(J) The Administrator of the Federal Motor Carrier Safety
Administration.
``(K) The Administrator of the Federal Railroad
Administration.
``(L) The Administrator of the Federal Transit
Administration.
``(M) The Administrator of the Federal Maritime
Administration.
``(N) The Administrator of the National Highway Traffic
Safety Administration.
``(O) The Administrator of the Pipeline and Hazardous
Materials Safety Administration.
``(2) Additional members.--The Secretary may designate
additional members of the Department to serve as at-large
members of the Council.
``(3) Chair and vice chair.--The Secretary may designate
officials to serve as the Chair and Vice Chair of the Council
and of any working groups of the Council.
``(c) Duties.--The Council shall--
``(1) identify and resolve any jurisdictional or regulatory
gaps or inconsistencies associated with nontraditional and
emerging transportation technologies, modes, or projects
pending or brought before the Department to eliminate, so far
as practicable, impediments to the prompt and safe deployment
of new and innovative transportation technology, including
with respect to safety regulation and oversight,
environmental review, and funding issues;
``(2) coordinate the Department's internal oversight of
nontraditional and emerging transportation technologies,
modes, or projects and engagement with external stakeholders;
``(3) within applicable statutory authority other than this
paragraph, develop and establish department-wide processes,
solutions, and best practices for identifying, managing and
resolving issues regarding emerging transportation
technologies, modes, or projects pending or brought before
the Department; and
``(4) carry out such additional duties as the Secretary may
prescribe, to the extent consistent with this title,
including subsections (f)(2) and (g) of section 106.''.
(b) Clerical Amendment.--The analysis for chapter 1 of
title 49, United States Code, is amended by adding at the end
the following:
``118. Nontraditional and Emerging Transportation Technology
Council.''.
SEC. 5306. HYPERLOOP TRANSPORTATION.
(a) In General.--Not later than 6 months after the date of
enactment of this Act, the Secretary of Transportation,
acting through the Nontraditional and Emerging Transportation
Technology Council of the Department of Transportation, shall
issue guidance to provide a clear regulatory framework for
the safe deployment of hyperloop transportation.
(b) Elements.--In developing the guidance under subsection
(a), the Council shall--
(1) consider safety, oversight, environmental, project
delivery, and other regulatory requirements prescribed by
various modal administrations in the Department;
(2) clearly delineate between relevant authorities with
respect to hyperloop transportation in the Department and
provide project sponsors with a single point of access to the
Department to inquire about projects, plans, and proposals;
(3) establish clear, coordinated procedures for the
regulation of hyperloop transportation projects; and
(4) develop and establish department-wide processes,
solutions, and best practices for identifying, managing, and
resolving matters regarding hyperloop transportation subject
to the Department's jurisdiction.
SEC. 5307. SURFACE TRANSPORTATION WORKFORCE RETRAINING GRANT
PROGRAM.
(a) Establishment.--The Secretary of Transportation shall
establish a program to make grants to eligible entities to
develop a curriculum for and establish transportation
workforce training programs in urban and rural areas to
train, upskill, and prepare surface transportation workers,
whose jobs may be changed or worsened by automation, who have
been separated from their jobs, or who have received notice
of impending job loss, as a result of being replaced by
automated driving systems.
(b) Eligible Entities.--The following entities shall be
eligible to receive grants under this section:
(1) Institutions of higher education.
(2) Consortia of institutions of higher education.
(3) Trade associations.
(4) Nongovernmental stakeholders.
(5) Organizations with a demonstrated capacity to develop
and provide career pathway programs through labor-management
partnerships and apprenticeships on a nationwide basis.
(c) Limitation on Awards.--An entity may only receive one
grant per fiscal year under this section for an amount
determined appropriate by the Secretary.
(d) Use of Funds.--
(1) In general.--A recipient of a grant under this section
may only use grant amounts for developing and carrying out
direct surface transportation workforce retraining programs,
including--
(A) testing of new roles for existing jobs, including
mechanical work, diagnostic work, and fleet operations
management;
(B) coursework or curricula through which participants may
pursue a degree or certification;
(C) direct worker training or train-the-trainer type
programs in support of surface transportation workers
displaced by automated vehicles; or
(D) training and upskilling workers, including current
drivers and maintenance technicians, for positions directly
related to automated vehicle operations.
(2) Limitation.--Funds made available under this section
may not be used in support of programs to evaluate the
effectiveness of automated vehicle technologies.
(e) Selection Criteria.--The Secretary shall select
recipients of grants under this section based on the
following criteria:
(1) Demonstrated research resources available to the
applicant for carrying out this section.
(2) Capability of the applicant to develop curricula in the
training or retraining of individuals described in subsection
(a) as a result of automated vehicles.
(3) Demonstrated commitment of the recipient to carry out a
surface transportation workforce development program through
degree-granting programs or programs that provide other
industry-recognized credentials.
(4) The ability of the applicant to fulfill the purposes
under subsection (a).
(f) Eligibility.--An applicant is only eligible for a grant
under this section if such applicant--
(1) has an established surface transportation workforce
development program;
(2) has expertise in solving surface transportation
problems through research, training, education, and
technology;
(3) actively shares information and results with other
surface transportation workforce development programs with
similar objectives;
(4) has experience in establishing, developing and
administering a surface transportation-related apprenticeship
or training program with at least 5 years of demonstrable
results; and
(5) agrees to make all curricula, research findings, or
other materials developed using grant funding under this
section publicly available.
(g) Federal Share.--
(1) In general.--The Federal share of a grant under this
section shall be a dollar for dollar match of the costs of
establishing and administering the retraining program and
related activities carried out by the grant recipient or
consortium of grant recipients.
(2) Availability of funds.--For a recipient of a grant
under this section carrying out activities under such grant
in partnership with a public transportation agency that is
receiving funds under sections 5307, 5337, or 5339 of title
49, United States Code, not more than 0.5 percent of amounts
made available under any such section may qualify as the non-
Federal share under paragraph (1).
(h) Reporting.--Not later than 60 days after grants are
awarded in any fiscal year under this section, the Secretary
shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committees on Commerce, Science, and Transportation, Banking,
Housing, and Urban Affairs, and Environment and Public Works
of the Senate, and make publicly available, a report
describing the activities and effectiveness of the program
under this section.
(1) Transparency.--The report under this subsection shall
include the following information on activities carried out
under this section:
(A) A list of all grant recipients under this section.
(B) An explanation of why each recipient was chosen in
accordance with the selection criteria under subsection (e)
and the eligibility requirements under subsection (f).
(C) A summary of activities carried out by each recipient
and an analysis of the progress of such activities toward
achieving the purposes under subsection (a).
(D) An accounting for the use of Federal funds expended in
carrying out this section.
(E) An analysis of outcomes of the program under this
section.
(2) Training information.--The report shall include the
following data on surface transportation workforce training:
(A) The sectors of the surface transportation system from
which workers are being displaced.
(B) The skills and professions for which workers are being
retrained.
(C) How many workers have benefitted from the grant award.
(D) Relevant demographic information of impacted workers.
(i) Definitions.--For the purposes of this section, the
following definitions apply:
(1) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(2) Automated vehicle.--The term ``automated vehicle''
means a motor vehicle that--
(A) is capable of performing the entire task of driving
(including steering, accelerating, and decelerating, and
reacting to external stimulus) without human intervention;
and
(B) is designed to be operated exclusively by a Level 4 or
Level 5 automated driving system for all trips according to
the recommended practice standards published on June 15,
2018, by the Society of Automotive Engineers International
(J3016_201806) or equivalent standards adopted by the
Secretary with respect to automated motor vehicles.
(3) Public transportation.--The term ``public
transportation'' has the meaning given such term in section
5302 of title 49, United States Code.
(j) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated
$50,000,000 for each of fiscal years 2022 through 2025 to
carry out this section.
[[Page H2781]]
(2) Availability of amounts.--Amounts made available to the
Secretary to carry out this section shall remain available
for a period of 3 years after the last day of the fiscal year
for which the amounts are authorized.
SEC. 5308. THIRD-PARTY DATA INTEGRATION PILOT PROGRAM.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation shall
establish and implement a pilot program (in this section
referred to as the ``program'') to leverage anonymous
crowdsourced data from third-party entities to improve
transportation management capabilities and efficiency on
Federal-aid highways.
(b) Goals.--The goals of the program include the
utilization of anonymous crowdsourced data from third parties
to implement integrated traffic management systems which
leverage real-time data to provide dynamic and efficient
traffic-flow management for purposes of--
(1) adjusting traffic light cycle times to optimize traffic
management and decrease congestion;
(2) expanding or contracting lane capacity to meet traffic
demand;
(3) enhancing traveler notification of service conditions;
(4) prioritizing high-priority vehicles such as emergency
response and law enforcement within the transportation
system; and
(5) any other purposes which the Secretary deems an
appropriate use of anonymous user data.
(c) Partnership.--In carrying out the program, the
Secretary is authorized to enter into agreements with public
and private sector entities to accomplish the goals listed in
subsection (b).
(d) Data Privacy and Security.--The Secretary shall ensure
the protection of privacy for all sources of data utilized in
the program, promoting cybersecurity to prevent hacking,
spoofing, and disruption of connected and automated
transportation systems.
(e) Program Locations.--In carrying out the program, the
Secretary shall initiate programs in a variety of areas,
including urban, suburban, rural, tribal, or any other
appropriate settings.
(f) Best Practices.--Not later than 3 years after date of
enactment of this Act, the Secretary shall publicly make
available best practices to leverage private user data to
support improved transportation management capabilities and
efficiency, including--
(1) legal considerations when acquiring private user data
for public purposes; and
(2) protecting privacy and security of individual user
data.
(g) Report.--The Secretary shall annually submit a report
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 detailing--
(1) a description of the activities carried out under the
pilot program;
(2) an evaluation of the effectiveness of the pilot program
in meeting goals descried in subsection (b);
(3) policy recommendations to improve integration of
systems between public and private entities; and
(4) a description of costs associated with equipping and
maintaining systems.
(h) Authorization of Appropriations.--There is authorized
to be appropriated such sums as are necessary to carry out
the program.
(i) Sunset.--On a date that is 5 years after the enactment
of this Act, this program shall cease to be effective.
SEC. 5309. THIRD-PARTY DATA PLANNING INTEGRATION PILOT
PROGRAM.
(a) In General.--Not later than 180 days after enactment of
this Act, the Secretary of Transportation shall establish and
implement a pilot program (in this section referred to as the
``program'') to leverage anonymous crowdsourced data from
third-party entities to improve transportation management
capabilities and efficiency on Federal-aid highways.
(b) Goals.--The goals of the program include the
utilization of anonymous crowdsourced data from third parties
to--
(1) utilize private-user data to inform infrastructure
planning decisions for the purposes of--
(A) reducing congestion;
(B) decreasing miles traveled;
(C) increasing safety;
(D) improving freight efficiency;
(E) enhancing environmental conditions; and
(F) other purposes as the Secretary deems necessary.
(c) Partnership.--In carrying out the program, the
Secretary is authorized to enter into agreements with public
and private sector entities to accomplish the goals listed in
subsection (b).
(d) Data Privacy and Security.--The Secretary shall ensure
the protection of privacy for all sources of data utilized in
the program, promoting cybersecurity to prevent hacking,
spoofing, and disruption of connected and automated
transportation systems.
(e) Program Locations.--In carrying out the program, the
Secretary shall initiate programs in a variety of areas,
including urban, suburban, rural, tribal, or any other
appropriate settings.
(f) Best Practices.--Not later than 3 years after date of
enactment of this Act, the Secretary shall publicly make
available best practices to leverage private user data to
support improved transportation management capabilities and
efficiency, including--
(1) legal considerations when acquiring private user data
for public purposes; and
(2) protecting privacy and security of individual user
data.
(g) Report.--The Secretary shall annually submit a report
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 detailing--
(1) a description of the activities carried out under the
pilot program;
(2) an evaluation of the effectiveness of the pilot program
in meeting goals descried in subsection (b);
(3) policy recommendations to improve the implementation of
anonymous crowdsourced data into planning decisions.
(h) Authorization of Appropriations.--There is authorized
to be appropriated such sums as are necessary to carry out
the program.
(i) Sunset.--On a date that is 5 years after the enactment
of this Act, this program shall cease to be effective.
SEC. 5310. MULTIMODAL TRANSPORTATION DEMONSTRATION PROGRAM.
(a) In General.--Subchapter 1 of chapter 55 of title 49,
United States Code is amended by adding at the end the
following:
``SEC. 5511. MULTIMODAL TRANSPORTATION DEMONSTRATION PROGRAM.
``(a) Establishment.--The Secretary of Transportation may
establish a pilot program for the demonstration of advanced
transportation technologies for surface transportation modes
in small- and mid-sized communities by providing grants to
entities to achieve the purposes of the national
transportation research and development program described in
section 6503.
``(b) Eligible Activities.--Activities eligible for funding
under this section include data interoperability, mobility-
on-demand, and micro-mobility projects to demonstrate first-
mile transportation, last-mile transportation, and any other
activity as determined appropriate by the Secretary.
``(c) Joint Interagency Funding.--If determined appropriate
by the Secretary, joint interagency funding for projects is
authorized to support multimodal projects.
``(d) Eligibility.--Entities eligible to receive grants
under this program include local transportation organizations
and transit agencies serving a population of not more than
200,000 individuals, including communities of economic
hardship and communities that experience transportation
equity and accessibility issues.
``(e) Application.--
``(1) In general.--An entity seeking funding under this
section shall submit an application to the Secretary at such
time, in such manner, and containing such information as the
Secretary may require.
``(2) Collaboration.--Each application submitted under this
section shall describe how the applying entity will
collaborate, as appropriate, with institutions of higher
education, State and local governments, regional
transportation organizations, nonprofit organizations, labor
organizations, and private sector entities.
``(f) Authorization.--There is authorized to be
appropriated to carry out activities under this section
$30,000,000 for each of fiscal years 2022 through 2025.''.
(b) Conforming Amendment.--The analysis for chapter 55 of
title 49, United States Code, is further amended by adding at
the end the following:
``5511. Multimodal transportation demonstration program.''.
SEC. 5311. AUTOMATED COMMERCIAL VEHICLE REPORTING.
(a) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation shall
establish a repository for motor carriers, shippers,
technology companies, and other entities to submit
information to the Secretary on testing, demonstrations, or
commercial operations of an automated commercial motor
vehicle on public roads.
(b) Information Required.--
(1) Submissions.--Prior to the performance of any tests,
demonstrations, or commercial operations of automated
commercial motor vehicles on public roads, the Secretary
shall require an entity performing such tests,
demonstrations, or commercial operations to provide the
following information:
(A) The name of the entity responsible for the operation of
the automated commercial motor vehicles to be used in the
test, demonstration, or commercial operation.
(B) The make and model of such vehicle or vehicles.
(C) The level of automation of such vehicle or vehicles,
according to the standards described in subsection (e)(1).
(D) The expected weight of such vehicle during the test,
demonstration, or operation.
(E) The Department of Transportation number or operating
authority assigned to the entity described in subparagraph
(A), if applicable.
(F) The location of the testing, demonstration, or
commercial operation, including the anticipated route of such
vehicle, planned stops, and total anticipated miles traveled.
(G) Any cargo or passengers to be transported in such
vehicle or vehicles, including whether the entity is
transporting such cargo or passengers under contract with
another entity.
(H) Documentation of training or certifications provided to
any drivers, monitors, or others involved in the operation or
control of the vehicle.
(I) Any fatigue management plans or work hour limitations
applicable to drivers or monitors.
(J) Notices provided to local law enforcement, State
departments of transportation, and related entities, if
applicable.
(K) Proof of insurance coverage.
(2) Updates.--If an entity responsible for the operation of
an automated commercial motor vehicle submits incomplete or
inaccurate information pursuant to subsection (d), the entity
shall
[[Page H2782]]
be given an opportunity to amend or correct the submission
within a reasonable timeframe.
(3) Notification.--Upon submission of the information under
paragraph (1), the Secretary shall provide written
notification acknowledging receipt of the information and
acknowledging that the submitting entity will perform tests,
demonstrations, or commercial operations on public roads, as
applicable.
(c) Public Availability of Information.--
(1) In general.--The Secretary shall make available
information on the prevalence of, characteristics of, and
geographic location of testing, demonstration, and commercial
operations of automated commercial motor vehicles on a
publicly accessible website of the Department of
Transportation.
(2) Protection of information.--Any data collected under
subsection (b) and made publicly available pursuant to this
subsection shall be made available in a manner that--
(A) precludes the connection of the data to any individual
motor carrier, shipper, company, or other entity submitting
data; and
(B) protects the privacy and confidentiality of
individuals, operators, and entities submitting the data.
(d) Crash Data.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall require entities
to submit information regarding safety incidents which occur
during the testing, demonstration, or commercial operation of
an automated commercial motor vehicle on public roads,
including--
(A) injuries and fatalities involving the automated
commercial motor vehicle;
(B) collisions or damage to persons or property as a result
of an automated commercial motor vehicle test, demonstration,
or commercial operation;
(C) any malfunction or issue with a safety critical element
of an automated commercial motor vehicle which compromises
the safety of the automated commercial motor vehicle or other
road users; and
(D) the mode of transportation used by any road users
involved in a safety critical incident, including general
road users as defined under section 5304 of this Act.
(2) Data availability.--The Secretary shall ensure that any
entity described under this section that has a Department of
Transportation number or operating authority from the Federal
Motor Carrier Safety Administration--
(A) shall be subject to safety monitoring and oversight
under the Compliance, Safety, and Accountability program of
the Federal Motor Carrier Safety Administration; and
(B) shall be included when the Secretary restores the
public availability of relevant safety data under such
program under section 4202(b) of this Act.
(e) Definitions.--In this section:
(1) Automated commercial motor vehicle.--The term
``automated commercial motor vehicle'' means a commercial
motor vehicle as such term is defined in section 31101 of
title 49, United States Code, that is designed to be operated
exclusively by a Level 3, Level 4, or Level 5 automated
driving system for all trips according to the recommended
practice standards published on June 15, 2018, by the Society
of Automotive Engineers International (J3016_201806) or
equivalent standards adopted by the Secretary with respect to
automated motor vehicles, while operating on public roads.
(2) Safety critical element.--The term ``safety critical
element'' means both the hardware and software designed to
prevent, limit, control, mitigate, or respond to a change in
the vehicle's environment thereby allowing the vehicle to
prevent, avoid, or minimize a potential collision or other
safety incident on an automated commercial motor vehicle.
Subtitle D--Surface Transportation Funding Pilot Programs
SEC. 5401. STATE SURFACE TRANSPORTATION SYSTEM FUNDING
PILOTS.
Section 6020 of the FAST Act (23 U.S.C. 503 note) is
amended--
(1) by striking subsection (b) and inserting the following:
``(b) Eligibility.--
``(1) Application.--To be eligible for a grant under this
section, a State or group of States shall submit to the
Secretary an application in such form and containing such
information as the Secretary may require.
``(2) Eligible projects.--The Secretary may provide grants
to States or a group of States under this section for the
following projects:
``(A) State pilot projects.--
``(i) In general.--A pilot project to demonstrate a user-
based alternative revenue mechanism in a State.
``(ii) Limitation.--If an applicant has previously been
awarded a grant under this section, such applicant's proposed
pilot project must be comprised of core activities or
iterations not substantially similar in manner or scope to
activities previously carried out by the applicant with a
grant for a project under this section.
``(B) State implementation projects.--A project--
``(i) to implement a user-based alternative revenue
mechanism that collects revenue to be expended on projects
for the surface transportation system of the State; or
``(ii) that demonstrates progress towards implementation of
a user-based alternative revenue mechanism, with
consideration for previous grants awarded to the applicant
under this section.'';
(2) in subsection (c)--
(A) in paragraph (1) by striking ``2 or more future''; and
(B) by adding at the end the following:
``(6) To test solutions to ensure the privacy and security
of data collected for the purpose of implementing a user-
based alternative revenue mechanism.'';
(3) in subsection (d) by striking ``to test the design,
acceptance, and implementation of a user-based alternative
revenue mechanism'' and inserting ``to test the design and
acceptance of, or implement, a user-based alternative revenue
mechanism'';
(4) in subsection (g) by striking ``50 percent'' and
inserting ``80 percent'';
(5) in subsection (i)--
(A) in the heading by striking ``Biennial'' and inserting
``Annual'';
(B) by striking ``2 years after the date of enactment of
this Act'' and inserting ``1 year after the date of enactment
of the INVEST in America Act'';
(C) by striking ``every 2 years thereafter'' and inserting
``every year thereafter''; and
(D) by inserting ``and containing a determination of the
characteristics of the most successful mechanisms with the
highest potential for future widespread deployment'' before
the period at the end; and
(6) by striking subsections (j) and (k) and inserting the
following:
``(j) Funding.--Of amounts made available to carry out this
section--
``(1) for fiscal year 2022, $17,500,000 shall be used to
carry out projects under subsection (b)(2)(A) and $17,500,000
shall be used to carry out projects under subsection
(b)(2)(B);
``(2) for fiscal year 2023, $15,000,000 shall be used to
carry out projects under subsection (b)(2)(A) and $20,000,000
shall be used to carry out projects under subsection
(b)(2)(B);
``(3) for fiscal year 2024, $12,500,000 shall be used to
carry out projects under subsection (b)(2)(A) and $22,500,000
shall be used to carry out projects under subsection
(b)(2)(B); and
``(4) for fiscal year 2025, $10,000,000 shall be used to
carry out projects under subsection (b)(2)(A) and $25,000,000
shall be used to carry out projects under subsection
(b)(2)(B).
``(k) Funding Flexibility.--Funds made available in a
fiscal year for making grants for projects under subsection
(b)(2) that are not obligated in such fiscal year may be made
available in the following fiscal year for projects under
such subsection or for the national surface transportation
system funding pilot under section 5402 of the INVEST in
America Act.''.
SEC. 5402. NATIONAL SURFACE TRANSPORTATION SYSTEM FUNDING
PILOT.
(a) Establishment.--
(1) In general.--The Secretary of Transportation, in
coordination with the Secretary of the Treasury, shall
establish a pilot program to demonstrate a national motor
vehicle per-mile user fee to restore and maintain the long-
term solvency of the Highway Trust Fund and achieve and
maintain a state of good repair in the surface transportation
system.
(2) Objectives.--The objectives of the pilot program are
to--
(A) test the design, acceptance, implementation, and
financial sustainability of a national per-mile user fee;
(B) address the need for additional revenue for surface
transportation infrastructure and a national per-mile user
fee; and
(C) provide recommendations regarding adoption and
implementation of a national per-mile user fee.
(b) Parameters.--In carrying out the pilot program
established under subsection (a), the Secretary of
Transportation, 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 and
the District of Columbia;
(3) ensure an equitable geographic distribution by
population among volunteer participants;
(4) include commercial vehicles and passenger motor
vehicles in the pilot program; and
(5) use components of, and information from, the States
selected for the State surface transportation system funding
pilot program under section 6020 of the FAST Act (23 U.S.C.
503 note).
(c) Methods.--
(1) Tools.--In selecting the methods described in
subsection (b)(1), the Secretary of Transportation shall
coordinate with entities that voluntarily provide to the
Secretary for use in the 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 selected for the State surface
transportation system funding pilot program under section
6020 of the FAST Act (23 U.S.C. 503 note).
(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 methods
under paragraph (1) are selected for the pilot program.
(B) Volunteer participants.--In a manner that the Secretary
considers appropriate, the Secretary shall provide each
selected method to each volunteer participant.
(d) Per-Mile User Fees.--For the purposes of the pilot
program established in subsection (a), the Secretary of the
Treasury shall establish on an annual basis--
(1) for passenger vehicles and light trucks, a per-mile
user fee that is equivalent to--
(A) the average annual taxes imposed by sections 4041 and
4081 of the Internal Revenue
[[Page H2783]]
Code of 1986 with respect to gasoline or any other fuel used
in a motor vehicle (other than aviation gasoline or diesel),
divided by
(B) the total vehicle miles traveled by passenger vehicles
and light trucks; and
(2) for medium- and heavy-duty trucks, a per-mile user fee
that is equivalent to--
(A) the average annual taxes imposed by sections 4041 and
4081 of such Code with respect to diesel fuel, divided by
(B) the total vehicle miles traveled by medium- and heavy-
duty trucks.
Taxes shall only be taken into account under the preceding
sentence to the extent taken into account in determining
appropriations to the Highway Trust Fund under section
9503(b) of such Code, and the amount so determined shall be
reduced to account for transfers from such fund under
paragraphs (3), (4), and (5) of section 9503(c) of such Code.
(e) Volunteer Participants.--The Secretary of
Transportation, in coordination with the Secretary of the
Treasury, shall--
(1) ensure, to the extent practicable, that an appropriate
number of volunteer participants participate in the pilot
program; and
(2) issue policies to--
(A) protect the privacy of volunteer participants; and
(B) secure the data provided by volunteer participants.
(f) Advisory Board.--
(1) In general.--The Secretary shall establish an advisory
board to assist with--
(A) advancing and implementing the pilot program under this
section;
(B) carrying out the public awareness campaign under
subsection (g); and
(C) developing the report under subsection (m).
(2) Members.--The advisory board shall, at a minimum,
include the following 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; and
(E) academic experts on surface transportation.
(g) Public Awareness Campaign.--
(1) In general.--The Secretary of Transportation, with
guidance from the advisory board under subsection (f), may
carry out a public awareness campaign to increase public
awareness regarding a national per-mile user fee, including
distributing information related to the pilot program carried
out under this section, information from the State surface
transportation system funding pilot program under section
6020 of the FAST Act (23 U.S.C. 503 note).
(2) Considerations.--In carrying out the public awareness
campaign under this subsection, the Secretary shall consider
issues unique to each State.
(h) Revenue Collection.--The Secretary of the Treasury, in
coordination with the Secretary of Transportation, shall
establish a mechanism to collect per-mile user fees
established under subsection (d) from volunteer participants.
Such mechanism--
(1) may be adjusted as needed to address technical
challenges; and
(2) may allow third-party vendors to collect the per-mile
user fees and forward such fees to the Treasury.
(i) Agreement.--The Secretary of Transportation 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.
(j) Limitation.--Any revenue collected through the
mechanism established in subsection (h) shall not be
considered a toll under section 301 of title 23, United
States Code.
(k) Highway Trust Fund.--The Secretary of the Treasury
shall ensure that any revenue collected under subsection (h)
is deposited into the Highway Trust Fund.
(l) Refund.--Not more than 45 days after the end of each
calendar quarter in which a volunteer participant has
participated in the pilot program, the Secretary of the
Treasury shall calcul