[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